(2) Notwithstanding paragraph (1) of this rule, where in an action for libel or slander, the defendant pleads that
any of the words or matters complained of, are fair comment on a matter of public interest or were published
upon a privileged occasion, the plaintiff shall, if he intends to allege that the defendant was actuated by express
malice, deliver a reply giving particulars of the facts and matters from which that malice is to be inferred.
(3) Where in an action for libel or slander, the defendant alleges that, in so far as the words complained of
consist of statements of fact, they are true in substance and in fact and in so far as they consist of expressions of
opinion, they are fair comment on a matter of public interest or pleads to the like effect, he shall give particulars
stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies
on in support of the allegation that the words are true.
24. Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to
allege that notice as a fact, unless the form or the precise terms of that notice or the circumstances from which
that notice is to be inferred, is material.
25. (1) Whenever any contract or any relation between any persons is to be implied from a series of letters or
conversations, or otherwise from a number of circumstances, it shall be sufficient to allege that contract or
relation as a fact and to refer generally to those letters, conversations or circumstances without setting them out
in detail.
(2) And if in that case, the person so pleading desires to rely in the alternative upon more contracts or relations
than one as to be implied from those circumstances, he may state them in the alternative.
26. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to
which the burden of proof lies upon the other side, unless it has first been specifically denied (for example
consideration for a bill of exchange where the plaintiff sues only on the bill, and not for the consideration as a
substantive ground of claim).
27. (1) In probate actions, it shall be stated with regard to every defence which is pleaded, what is the substance
of the case on which it is intended to rely and further, where it is pleaded that the testator was not of sound mind,
memory and understanding, particulars of any specific instances of delusion shall be delivered before the case is
set down for trial, and except by leave of the Court or a Judge in chambers, no evidence shall be given of any
other instances at the trial.
(2) In a probate action, the party opposing a will may, with his defence, give notice to the party setting up the
will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine
the witnesses produced in support of the will and he shall thereupon be at liberty to do so and shall not in any
event be liable to pay the costs of the other side unless the Judge is of opinion that there was no reasonable
ground for opposing the will.
28. No technical objection shall be raised to any pleading on the ground of any alleged want of form.
Application.
29. (1) The provisions of the foregoing rules of this Order shall not apply in actions where a summons has been
issued before the date of commencement of these Rules.
(2) In such cases, a former High Court Rules shall be applied as if they were still in force.
30. Whenever a statement of claim is filed, the plaintiff may therein alter, modify, or extend his claim without
any amendment of the endorsement of the writ:
Provided that(a) this rule shall not apply where the writ has been specially endorsed;
(b) the plaintiff may not completely change the cause of action endorsed on the writ without amending the writ.