Principle

CIVIL PROCEDURE — Originating Summons — Affidavit Evidence — Court Cannot Grant Reliefs Predicated on Facts Without Evidence

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A court cannot grant relief based on alleged facts without evidence. This applies to all proceedings, including originating summons. The principle is fundamental to judicial decision-making. The party asserting facts must prove them. The court cannot assume facts. The rule applies to both written and…

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