← belizelaw.ai · Prescription, Cap. 192
As to pleadings
Cap. 192, s. 6 · Revised Edition 2020
(1) In all actions upon the case and other pleadings wherein the party claiming may now by law allege his right generally without averring the existence of such right from time immemorial, such general allegation shall still be deemed sufficient, and if it is denied, all matters mentioned and 6 provided in this Act which are applicable to the case shall be admissible in evidence to sustain or rebut such allegation.
(2) In all pleading to actions of trespass, and in all other pleading wherein before the passing of this Act it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this as may be applicable to the case, and without claiming in the name or right of the owner of the fee as is now usually done.
(3) If the other party intends to rely on any proviso,
exception, incapacity, disability, contract, agreement or other matter hereinbefore mentioned, or on any cause or matter of fact, or of law, not inconsistent with the simple fact of enjoyment, it shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
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