“In spite of the obvious importance of this Agreement and the requirement in the Rules of Court that it should be pleaded, neither the plaintiffs nor the defendant referred to it in their pleadings. The defendant in fact relied both in his S/D and in the counter-claim on an alleged oral Agreement of the same date as exhibit ‘A’. The plaintiffs/appellants filed a reply to the defendants counter-claim, and while denying the existence of any oral agreement, again remain silent as to the existence of exhibit’ A’. At no stage of the proceedings was an amendment sought or made. The Learned Trial Judge in his Judgement held in so far as the plaintiffs case was concerned that:- ‘Plaintiffs did not plead the Agreement. They must stand or fall by their pleading.’”