Breyten Collieries Ltd v Dennill [1912] ZATPD 119 (22 October 1912)

Practice-Pleading -Replication -Allegations
-Rejoinder -Failure to file.-Effect Questions of law -Facts in dispute -Rules 31 and 45 

To a plea which raised the question of jurisdiction a
repl·ication was filed alleg'ing a fact which, if true,
would give the Court jurisdiction. No rejoinder
was filed and thereafter the plaintiff applied under
Rule 45 for leave to set the law point down for
argument. Held, that failure to file a rejoinder
under Rule 31 does not amount to an admission of
facts alleged in the replication, and that therefore as
the facts had not been :finally settled the Court
would not under Rule 45 decide the legal point
involved.