I ought not to disturb these concurrent findings of fact. On the whole, I am satisfied that the court below was right to have affirmed the…

Where the partnership left written instructions with the bank that cheques must be signed by both partners jointly, the bank had notice of the limit on…

It is not unusual for courts in a clear case to form their own opinion as to handwriting. Where dissimilarities between signatures on cheques and genuine…

The use of the word "forge" in a civil case has a secondary connotation meaning only that the plaintiff did not sign the cheques. Section 138(1)…

Where a joint mandate requires both partners' signatures for withdrawals, the bank owes each partner the duty not to allow either to withdraw funds without the…

Trespass to land is actionable at the suit of the person in possession. That person can sue for trespass even if he is neither the owner…

The basis of liability ascribed to the bank is in tort of negligence, not absolute liability. The question is whether the bank exercised due care and…

Where relevant, admissible, and credible evidence stands unchallenged and uncontradicted, the court has no alternative but to accept it and act on it to establish or…

A court must admit and act only on admissible evidence. If a court inadvertently admits inadmissible evidence, it is duty bound not to act upon it.…

The Supreme Court will not lightly intervene to set aside concurrent findings of the court below. For intervention to occur, the appellant must show that the…

A court should not rely on a conviction in another court to come to its own conclusion in a civil trial between parties other than those…

Where a defendant fails to give evidence at trial, his statement of defence is deemed abandoned. Pleadings cannot speak; they speak through witnesses. Without witnesses, pleadings…