Pillemer v Israelstam [1910] ZAWLD 1 (6 April 1910)

Provisional Sentence - Summons - Omission of Material Allegation - Amendment.

A. provisional summons, claiming a sum alleged to be due on a promissory note, payable at a particular place, contained no allegation of presentation for payment and dishonour. At trial, application was made to amend the summons by insertion of such allegation. The defendant appeared and objected to the amendment.

Held, that, as the omission consisted of an allegation material to the validity of the claim, the amendment must be refused and the claim dismissed.