Where a guarantee is a continuing security, and documents relied upon to show variation are merely an invitation to treat and a reply thereto, they do…

A continuing guarantee is a security for the whole amount due or which may become due. Where the agreement contains a clause for determination, parties are…

When a document is clear, the operative words should be given their simple and ordinary grammatical meaning. It is not the function of a court to…

Costs follow the event. Costs are not punitive. The court's discretion must be exercised judicially and judiciously. A successful party should not be denied costs unless…

Where a trial judge makes a holding that is in effect making a different case for the plaintiff outside the parties' pleadings, such a holding is…

It is the duty of the Court of Appeal to consider all grounds of appeal properly filed and argued before it. Failure to consider grounds of…

An employer who dismisses an employee with retrospective effect by reason of antecedent misconduct known to the employer all along cannot treat the contract as determined…

Lending essential working material to an opposing businessman without permission is incompatible with the faithful discharge of an employee's duty and justifies summary dismissal.

The principle that "the consideration for work is wages and the consideration for wages is work" (no work, no pay) has no application where the employee's…

Where an employee's absence from work is due to arrest and prosecution at the instance of the employer, and the employee was not interdicted, he is…

Where a counter-claim has no basis, it is vexatious and oppressive, meant to harass the respondent. Such an action should be discouraged by the court.

Sections 158(4)(a) and 161(3) of the 1963 Constitution effectively ousted the jurisdiction of the court in chieftaincy matters. A person's vested right must be determined by…