The onus of proof does not exist in vacuo. There cannot be any burden of proof where there are no issues in dispute. If a particular…

When a fact is pleaded by the plaintiff and admitted by the defendant, evidence on the admitted fact is irrelevant and unnecessary. There is no dispute…

The aim of pleadings is to give notice of the case to be met, enabling either party to prepare evidence and arguments upon issues raised, and…

An appellate court does not generally interfere with trial court findings. However, where a trial judge draws mistaken conclusions from indisputable facts, the appellate court must…

Where personal service cannot in law be effected on a defendant outside the jurisdiction, substituted service should not be ordered. Otherwise, rules relating to service out…

If the defendant is outside the jurisdiction at the time of the writ's issue and could not have been personally served, an order for substituted service…

Every writ for service outside the state whose High Court is issuing it must carry the endorsement set out in the section. Only then can it…

Service of originating process is a condition precedent to the exercise of jurisdiction. Failure to serve is a fundamental flaw, and a person affected by an…

The validity of originating processes is fundamental. Failure to commence proceedings with a valid writ goes to the root of the case and any order emanating…

For lis pendens to apply, the party must prove: (1) the suit seeks to recover or assert title to specific property; (2) the property is real…

A declaratory relief is declaratory of a named matter. It ends at the court's declaration and does not pass property to the plaintiff. A declaratory relief…

Instituting a fresh suit while a motion for the same relief is pending is an abuse of court process and should be dismissed.