Read the full judgment text of CACV 000004/1973 on BabelCite. This Court of Appeal judgment.
1. This action should not have gone to trial without further elucidation of the issues to be decided. The so-called "Statement of Claim" was in truth nothing more than a simple indorsement on the writ - and an inadequate indorsement at that. It appears that the appellant plaintiff purported to serve an amended Statement of Claim without leave before the trial and, as I understand it, leave so to amend was given ex post facto by the learned judge at the trial. It now appears that the Appellant so