In a trial by a judge sitting alone, if inadmissible evidence has been received, it is the duty of the judge to reject it when giving…

Evidence from a previous proceeding is hearsay unless the witness is dead, cannot be found, is incapable of giving evidence, or is kept out of the…

Before evidence given in a previous case can be received as substantive evidence, all conditions laid down in section 34(1) of the Evidence Act must be…

Courts should afford parties a reasonable opportunity for their claims to be adequately investigated and properly determined on their merits, especially where a judgment was reached…

For rectification to be granted, the antecedent agreement must be clear and unequivocal and must have continued unchanged until the execution of the final document; rectification…

Where a document is contractual, the competence of a party to seek its rectification must be determined within the privity rule, not on the basis of…

Rectification corrects a defect in recording what the document was intended to record, not mistakes in the terms agreed upon or in forming an intention; courts…

As a general rule, a contract cannot confer rights or impose obligations on any person except the parties to it or their privies; mere benefit from…

Without verification by affidavit evidence of the facts alleged in the originating summons, the summons is incompetent and should be struck out.

No reasonable court will grant a relief predicated on the existence of facts without having those facts put before it, whether the proceedings were commenced by…

Where reliefs sought in proceedings commenced by originating summons are predicated on facts, such facts must be brought before the court by affidavit evidence; failure to…

Originating summons is appropriate where the issue involves construction of a written law or document, or where there is unlikely to be any substantial dispute on…