Abdul Hamid Omar Acting LP:

This appeal is against the decision of V.C. 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.

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.

It is common ground that the application to amend was made after the expiry of the period of limitation