In civil cases, while the burden of proof may initially be on the plaintiff, the proof or rebuttal of issues that arise in the course of…

Special or strong circumstances warranting a stay of execution pending appeal include collateral circumstances or inherent matters that, unless stay is granted, would destroy the subject…

Where the character of land, the subject matter of litigation, would be radically and irrevocably altered (such as by erecting permanent buildings on agricultural land) in…

A successful plea of res judicata requires identity of parties or their privies; where one suit is a representative action and the other is a personal…

Before the doctrine of estoppel per rem judicatam (res judicata) can operate, it must be shown that the parties, issues, and subject matter were the same…

Evidence led regarding the custom of a trade or business that was not pleaded goes to no issue and is inadmissible; such evidence cannot form the…

Where a contract of employment or consultancy makes no express provision for its duration or termination, the common law implies a term that it is for…

A party is bound by the case set up in their pleadings and must prove that case; it is not for the court, where that case…

In claims for special damages such as loss of specific future commissions, the claimant must plead with particularity and lead credible evidence to substantiate the claimed…

Before secondary evidence of a document's contents can be admitted, there must be evidence accounting for why the original was not produced, particularly where the original…

To succeed in a libel claim, the plaintiff must prove the actual defamatory words complained of by tendering the document containing the alleged libel; where unable…

No evidence taken under a Commission of Inquiry law shall be admissible against any person in any civil or criminal proceedings, except in cases where a…