Principle Archive

The appellants, having filed a statement of defence and thereby joined issues with the plaintiffs/respondents, could not have the issues raised in the application set down…

Where a party fails to plead a fact, any evidence led in respect of that unpleaded fact, whether directly or extracted under cross-examination, is inadmissible.

A party claiming illegality as a defence must plead the illegality and set out particulars. This is mandatory where the contract is not ex facie illegal.…

The competence of the respondent to initiate the case is clearly established by the Income Tax law. The answer to the issue is in the affirmative,…

A bank was given a free hand under clause 35(n) to refuse to advance money should it find any critical matter affecting the future of the…

Separate interests of company officials can converge and become inseparable. Even without witness summons, a company perceiving that a tribunal was invalidly set up could bring…

A voluntary confession of guilt, if fully consistent and probable, is regarded as evidence of the highest test and most satisfactory, provided there is independent proof…

An employer who benefits from nine months of services cannot rely on a hollow defence of illegality for failure to obtain a work permit. The court…

It is inconceivable that a person who had just been shot at close range and wounded on the jaw would be able to seize the gun…

A consent judgment or order is as effective in law in respect of all matters settled therein as any other judgment or order arrived at after…

A judgment of a court of law cannot be subjected to interpretation by a court of co-ordinate jurisdiction like a deed, will, or instrument under Order…

A consent judgment is as effective in law as any other judgment arrived at after a full trial. It is intended to put a stop to…