Abdul Hamid Omar Acting LP:

[1] This appeal is against the decision of VC George J granting the respondents leave to amend the statement of claim after the expiration of the limitation period. The respondents had caused a writ accompanied by a statement of claim to be issued against the appellants on 8 October 1980. The matter relates to a claim in 1974. On 3 December 1984, the respondents took out 0.25 summons for directions seeking, inter alia, an amendment of the statement of claim to introduce a new cause of action, the nature of which is described by the learned Judge as follows:

The proposed amendment in effect amounted to the contention that the said refusal to credit the amounts debited to the plaintiffs' account with the defendant bank amounted to a conversion of the amounts, alternatively the amounts so debited are payable to the plaintiffs as moneys had and received by the defendants to the plaintiffs' use.

[2] The Senior Assistant Registrar before whom the application was initially heard dismissed it. On appeal it was allowed by the learned Judge. Hence the appeal.

[3] It is common ground that the application to amend was made after the expiry of the period of limit