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22 May 2013
   
 
 
 
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Practice-Rule 28 (4)- Application to amend defendant’s plea - considerations arising -whether the proposed amendment constituted a withdrawal of an admission - plea inelegantly worded - court finding that it did not contain an admission – prejudice - no real prejudice resulting from proposed amendment shown - amendment allowed – costs - defendant liable for costs occasioned by amendment - plaintiff’s opposition held to be fair and reasonable - defendant ordered to pay costs of plaintiffs’ opposition.

Edited by: Creamer Media Reporter
 
 
 
 
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