Section 30(1) of the Bills of Exchange Act creates a rebuttable presumption of value. The presumption shifts the burden of proof but can be rebutted by…

In the absence or subsequent failure of consideration, the instrument is invalid as between immediate parties, but not necessarily as between remote parties when the holder…

A bank has the right to stop payment on a bank draft if the customer fails to comply with conditions precedent, such as funding the account…

Courts should not be unduly tied down by technicalities, particularly where no miscarriage of justice would be occasioned. Justice can only be done in substance, not…

Non-compliance with rules of court is prima facie an irregularity, not a ground for nullity, unless it amounts to a denial of natural justice. If no…

The originating summons must be signed by a judge. However, failure of the judge to sign is a mere procedural irregularity if it does not affect…

The evaluation of evidence is the primary responsibility of the trial court. An appellate court will interfere only if the finding is not supported by evidence,…

An appellate court will be reluctant to order a retrial where: (a) the plaintiff has established his case; (b) a retrial would enable the defendant to…

The appraisal of evidence and ascription of probative value is the primary duty of a trial court. Where the issue turns on credibility of witnesses, the…

Where the complaint is against the weight of evidence, the complaint must be against the totality of the evidence adduced, not against any specific issue. It…

An omnibus ground of appeal is limited to the appraisal of evidence and not to challenge the finding or non-finding of a specific fact or issue.…

In an action seeking determination of boundaries, it is for the plaintiff to identify and prove existing boundaries. Where none is identified and proved, the court…