While it could be desirable that a person other than the person asserting the customary law should testify in support, it is not a desideratum. Section…

Contradictions in evidence can only avail the opposite party where they are material, substantial, and affect the live issues in the matter, to the extent that…

There is no statutory format for writing a judgment. Judgment writing being an art, needs the peculiar and personal dexterity of the Judge who is the…

When any judgment, official proceeding, contract, or disposition of property has been reduced to a document, no evidence may be given of its terms except the…

Every item contained in a claim for special damage must be specifically proved, and such proof must be characterized by testimony that ties each item with…

When a contractor is guilty of inordinate delay, indolence, lack of seriousness, persistent shoddy work, and purports to terminate the contract, the court should ignore such…

A contract may be ex facie illegal or illegality may depend on a combination of facts. In the former case, illegality need not be specifically pleaded.…

The onus is on a plaintiff to prove his case on the strength of his own case, not on the weakness of the defendant's case, subject…

The Mareva injunction operates to stop a defendant against whom a plaintiff has a good arguable claim from disposing of or dissipating his assets pending determination…

The ratio decidendi of that case which is binding is based on res judicata. The other remarks the court made about joinder which was not necessary…

The ratio decidendi represents the reasoning or principle upon which a case is decided. Obiter means in passing, incidental, cursory. Obiter dicta reflect the opinions of…

A perusal of the appellant's statement of claim reveals that there is no averment alleging that the appellant's funds were in the custody of the respondent.…