Where proceedings are brought against two or more persons and one of them has died, the proceedings do not become a nullity; the name of the…

When an action is instituted in a representative capacity, the death of the named plaintiff does not terminate the proceedings because the action is also on…

Where a plaintiff claims more than he can prove, he is awarded the lesser amount; the key is whether the amount claimed and pleaded matches the…

The authority of a company to institute an action is presumed until the contrary is proved by the party asserting the contrary; the defendant bears the…

The relationship between a bank and its customer is contractual, described as that of debtor and creditor and principal and agent, and the bank owes a…

No person can institute an action in the name of a company unless authorised by a resolution of the board of directors or the shareholders; in…

Where an accused person in his evidence admits making statements to the police and affirms that the facts stated therein are correct, such statements are properly…

Failure to record the use of an interpreter on subsequent days does not per se vitiate the trial; however, a breach of section 33(6)(a) and (e)…

The defence of provocation is not available where the alleged provocative statement is not believed by the trial court, and there is no evidence of a…

An employee is not entitled to pension under the Pensions Decree No. 104 of 1979 where he has not put in the requisite number of years…

The court will not grant specific performance of a contract of service; reinstatement is not available for ordinary master-servant relationships. Special circumstances, such as statutory flavour,…

In ordinary contracts of service (not governed by statute), wrongful termination gives rise to a claim for damages, not a declaration that the dismissal is null…