Principle

CIVIL PROCEDURE – Native Court Judgments – Appellate Court May Look Beyond Claim to Ascertain True Dispute

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Native courts are not strictly bound by formal pleadings. Appellate courts may examine the entire record to understand the real dispute. The principle recognises the informal nature of native court proceedings. The court will focus on substance over form. The rule applies to appeals from…

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