EVANS v EVANS 2016 (2) ZLR 94 (H)

Flynote

Practice and procedure: " admission " withdrawal " application to withdraw admission " grant of application not automatic " reason required " admission made in conformity with the law and the facts " no justifiable reason for withdrawal " withdrawal refused

Headnote

A couple were in dispute over the sharing of property during the process of divorce. They had lived in a house they built together on a property owned by the mother of the plaintiff. At a pre-trial conference they had signed an admission that the house would be excluded from the divorce settlement and the defendant would claim compensation from the mother-in-law's deceased estate. The plaintiff in that case now made application to withdraw his admission. No reasons were given.

Held, that the request to resile from an admission is not granted for the mere asking; there must be a reasonable explanation regarding the circumstances in which the admission was made, there must be a valid reason for the withdrawal, and it must be bona fide.

Held further, that in casu when the admission was made the applicant was represented by a lawyer, and the admission was informed by the facts and the law; where there is no prejudice to the party seeking the withdrawal of an admission made in conformity with the law and facts, there is no reasonable ground for granting such application.