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Lecture 18 - Plea

This document discusses pleas in civil litigation matters. It explains that a defendant must file a plea within 20 days of receiving the summons to admit, deny, confess, or avoid the material facts alleged in the plaintiff's claim. The plea assists the court by clarifying which facts are disputed. There are different types of pleas, including pleas on the merits which defend the substantive issues, special pleas which raise preliminary issues, and pleas of exception which admit some facts but provide additional context to avoid the legal consequences. The document provides guidance on the requirements for different types of pleas and when they can be filed in a case.

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42 views12 pages

Lecture 18 - Plea

This document discusses pleas in civil litigation matters. It explains that a defendant must file a plea within 20 days of receiving the summons to admit, deny, confess, or avoid the material facts alleged in the plaintiff's claim. The plea assists the court by clarifying which facts are disputed. There are different types of pleas, including pleas on the merits which defend the substantive issues, special pleas which raise preliminary issues, and pleas of exception which admit some facts but provide additional context to avoid the legal consequences. The document provides guidance on the requirements for different types of pleas and when they can be filed in a case.

Uploaded by

Rodney Ulyate
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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The Plea

Notice of Intention to Defend

Substantive grounds

Technicality

Plea

Exception/ Appl to strike out

Where a defendant has filed his NID, he SHALL within 20 days of receiving the summons deliver a plea with or without a claim in reconvention (17(1)). Must admit, deny, confess and avoid all the material facts alleged (17(2)). Must state which of the said facts are admitted and to what extent and must clearly state all facts upon which defendant relies (17(2)).

Every allegation of fact not stated in the plea to be denied shall be deemed to be admitted (17(3)(a)). If any qualification / explanation of the denial is required it must be stated in the plea (17(3)(b)). NB Rule 22 in the High Court.

The most common way of defending a matter is on the merits. The defence is set out in the plea. Plea: defendant's answer to the averments made by the plaintiff, in which he admits, denies or confesses and avoids. Two types of pleas: - plea on merits - special plea

Means the defendant unconditionally accepts the averments a set out. As a result, no need to lead evidence to prove the facts admitted. If you do not deal with an allegation, it shall be deemed to be admitted (Rule 17(3)(a). NOTE: You may withdraw an admission with the leave of the court.

The purpose of the plea is to assist the court is understanding the issues in dispute. Therefore no bare denial is permitted. Practice: deny as if specifically traversed. the effect of a denial is that the Plaintiff is then required to prove these facts. NOTE: Rule 6(5)

Admit some facts but aver a fresh fact to avoid the normal consequence of the admission. e.g. admit that you entered into a contract, but add that payment in terms of the contract is not due and payable.

A party may also answer with a plea of non admission. You cannot do one of the 3 options, so you plead not to know. Has the same effect as a plea of denial.

Different points at which a plea can be filed: - after NID


- after dismissal of summary judgment - after dismissal of exception/ application to strike out

Must be filed within 20 days (Rule17(1)).

May be filed together with a counterclaim In either case, it must a prayer requesting the court to dismiss the prayers in the POC May also be filed together with a special plea.

Pete

& Hulme pg 179 - 200 Eckard pgs 178 -192 Jones & Buckle (old Rule 19) Course Handout

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