4 Jun 1982
MARQUIS TRADING CO (a firm) AND OTHERS v. ASSOCIATED BANKERS INSURANCE CO LTD AND OTHERS
- Citation
- MARQUIS TRADING CO (a firm) AND OTHERS v. ASSOCIATED BANKERS INSURANCE CO LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV68/1981
The re-amendment to plead fraud and conspiracy was disallowed because the proposed Re-Amended Points of Defence failed to plead fraud and conspiracy with the requisite particularity required by law; lateness alone was not determinative but lack of particularity was fatal. The strike-out of paragraph 7 for want of particularity was upheld. However, the order for ship's papers was properly made in the judge's discretion because the affidavits disclosed reasonable grounds to suspect fraud and such discovery may enable a properly particularised pleading later.