Read the full judgment text of HCCT000005C/1987 on BabelCite. This HIGH COURT judgment was delivered on 11 June 1990 before Godfrey, J.
Procedure — Pleadings — Application for leave to re-re-amend particulars of statement of claim — Claim for damages for delay caused by Government’s breach in land possession delivery — Plaintiff proposes amendments adjusting dates of activities related to land clearance and land formation — Defendant objects on grounds of embarrassment due to discrepancy between bar-chart evidence and particulars — Court considers whether pleading sets out all material facts and whether defendant’s objection is substantial — Court holds that amendment is within rules and all material facts are pleaded despite different classification in bar-chart — Leave to amend granted, evidentiary issues to be dealt with at trial — Case illustrates discretion and principles governing amendments to particulars and pleadings before trial.
Legal issues: Whether the plaintiff should be granted leave to amend the particulars of the statement of claim
Outcome: Leave to amend the particulars of the statement of claim granted