251Pleading to avoid surprise

251 Pleading to avoid surprise

In any pleading subsequent to a statement of claim, a party is to plead specifically any fact or matter that –

(a) is alleged to make any claim or defence of the opposite party not maintainable; and

(b) if not pleaded specifically, may take the opposite party by surprise; and

(c) raises a question of fact not arising out of the preceding pleading.