Rieseberg v Berry [1914] ZATPD 106 (15 October 1914)

Defamation.-Pleading.-Place where slander uttered.-Omission of .-Effect.-Exception. Magistrate's court.-Practice.-Exception .

A sued B for damages ,for defamation in a magistrate's court. B excepted to the summons on the ground that it did not state the place where the alleged slander was uttered. The magistrate refused an amendment of · the summons and upheld the exception. Held, on appeal, that the amendment should have
been allowed as being neither material to the merits of the case nor prejudicial to B, and that the exception should have been dismissed. Per CURLEWIS, J.: The pfocedure adopted by way of exception to the summons was the correct one.