(COURT OF APPEA)

ADMINISTRATOR OF THE ESTATE OF HAGOP STEPHANIAN v.

ABDEL GADIR DESSOUGI EL GABBANI AND ANOTHER

AC-REV-8r.1960

 Principles

·  Civil Procedure—Admission-—May be withdrawn to prove facts

In an action for debt the defendant may withdraw his admission as to the amount owed, and he is not precluded from adducing evidence in defence.

Judgment

Advocate: J. E. Canclioglou . . .for applicant

Babiker Awadalla J. (by authority of the Chief Justice). April 6, 5960:

This application, having been referred to me under Civil Justice Ordinance 1929, S. 176, is hereby summarily dismissed.

This is a money-lending transaction, and the court is entitled, even of its own motion, to go into the whole dealings between the parties. It would no doubt stultify the provisions of the Civil Justice Ordinance to contend that a person who has borrowed money and admits the figures as submitted by the money lender precludes himself from later withdrawing

Court: B. Awadalla I.

such admission in order to bring before the court the exact facts of the case.

To allow this amendment is, in my view, not only proper but desirable.