The interest of justice demands that, as far as possible, the issues between the parties should be determined once and for all, so as to avoid…

Where there is a change of counsel during trial, and the new counsel applies for a short adjournment to enable him prepare and be fully briefed…

The correct principle for the guidance of a court in the exercise of its discretion is that an amendment of pleadings for the purpose of determining…

Where witnesses called by a defendant gave evidence which supported the plaintiff's case and the defendant did not treat them as hostile witnesses, the evidence of…

Courts are bound to decide only the case formulated on the pleadings of the parties. It is not within the office of a court to enter…

In matters of credibility based on demeanour of witnesses, a Court of Appeal cannot and ought not interfere, as it did not have the advantage of…

A prima facie case means there is a ground for proceeding. It is not the same as proof, which comes later when the court has to…

A submission of "no case" to answer may be properly made and upheld: (1) when there has been no evidence to prove an essential element in…

The meaning of a submission that there is no case for an accused person to answer is that there is no evidence on which, even if…

While it is not the aim to discourage a judge from discussing matters of interest, it is wiser to be brief and make no observations on…

It by no means follows that because the defendant's case is rejected the plaintiff is entitled to judgment. A plaintiff is only entitled to judgment if…

A court is without power to award to a claimant what he does not claim and/or prove. A court in civil cases does not make a…