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AI summary
The High Court considered an exception to amended particulars of claim in a dispute about a written purchase and sale agreement. The court upheld the exception because the pleading did not aver fulfilment or waiver of suspensive conditions, but it found the summons was not vague and embarrassing.
This may be relevant to pleading disputes involving suspensive conditions and exceptions in contract claims.
Evidence from source
The exception upheld. 2. The plaintiff is granted leave, if so advised, to amend the particulars of claim within 30 days from the date of this order.
Supports: Order and amendment period
the plaintiff has failed to make the necessary averment to sustain the cause of action. On this basis, the exception succeeds.
Supports: Reason for upholding the exception