It is trite law that a witness who was not present as such did not see a document in dispute written or signed could depose his…

In line with the provisions of Section 61(1) and (2) of the Evidence Act which provides for the method of proving signature by comparing the undisputed…

A claim for a relief of declaration, whether of title to land or not, is not established by an admission by the defendant, because the plaintiff…

There is clearly no doubt that the question of whether a person is illiterate or not is one of fact, which can be determined on the…

In respect of a claim for declaratory relief, it is for the plaintiff to prove his case and not for the defendant to disprove the plaintiff's…

The law is that where a trial court fails to properly evaluate the evidence on record or erroneously does so, or the conclusion reached is not…

Where the Hire Purchase Act applies to a transaction and it is admitted that the appellant has paid 3/5th of the purchase price of the rig…

It is trite law that evidence on a fact not pleaded grounds to no issue; where admitted, such evidence is strictly inadmissible in law primarily as…

A reasonable cause of action means a claim with some chance of success. The test is applied solely on the allegations in the pleadings. If those…

A cause of action consists of two essential ingredients: a wrongful act committed by the defendant and consequential damage suffered by the plaintiff. Both elements must…

Principle Statement: In assessing whether a plaintiff has a reasonable cause of action, the court must confine itself exclusively to the facts pleaded in the statement…

Where a staff manual requires that a prima facie case of a serious nature be established by a court or investigation committee before suspension, any suspension…