The right to personal liberty guaranteed under Section 35(1) of the 1999 Constitution is not absolute. It is a qualified right that can be lawfully curtailed…

The repeal of a law does not invalidate acts lawfully done and concluded while that law was in force. Although a repealed statute is treated as…

A cause of action arises from circumstances containing different facts that give rise to a claim that can be enforced in a court of law, and…

Principle Statement: Abuse of process of the court is defined as the improper use of the process and procedure of the court by a litigant. It…

It is ridiculous and unethical for a party to claim that it had not waived its diplomatic immunity when it agreed in a written contract that…

 A waiver by a corporate body of its diplomatic immunity must be supported by a resolution of its board of directors, and the waiver can only…

No court is bound to speculate on possible defences, but where evidence suggests a line of defence in a homicide trial, the court must consider and…

Where a plaintiff woefully fails to prove his case, the proper order is dismissal, not retrial. A retrial is not appropriate where the plaintiff failed completely…

Principle Statement: The rule does not provide for dismissal of a suit upon discontinuance; a court cannot introduce that. Dismissal is the greatest punishment a plaintiff…

An appellate court will interfere with a trial court's exercise of discretion where it is shown to be not exercised judicially and judiciously—that is, if it…

It is improper for an appellate court to suo motu (on its own motion) increase an award of damages made by a trial court where the…

Where a trial court's findings are perverse or it makes use of a document beyond its evidential value, the appellate court has a duty to re-evaluate…