Principle Archive

Negligence is a matter of fact, not law. Before finding a defendant liable, the court must carefully consider the evidence to ascertain whether negligence is established.

A finding is perverse when it runs counter to evidence and pleadings, or when the trial judge took into account matters that ought not to have…

If time is made the essence of an agreement and the time frame is not met, the offeror will not be held to a contract. An…

A plaintiff alleging illegality of interest charged must plead: (a) the rate charged, (b) the rate chargeable or ceiling under statutory guidelines, and (c) the difference…

Concurrent findings supported by sufficient evidence should not be disturbed unless there is a miscarriage of justice or violation of law or procedure.

The discretion to grant leave to adduce new evidence is properly exercised for the "furtherance of justice." The exercise must be judicious, following established guidelines.

The evidence sought to be adduced must be such as could not have been obtained with reasonable diligence for use at the trial.

An application to call further evidence on appeal must not be to improve the quality of evidence already called at trial. Here, the defendants sought to…

The inadvertent omission of counsel to tender a record of proceedings does not amount to a special ground under Order 1 Rule 20(3) of the Court…

The only reason that could justify receiving further evidence on appeal is if the applicant shows special grounds making it necessary to grant leave to call…

Grounds of appeal must clearly attack the judgment of the Court of Appeal, not the High Court. If a ground attacks the High Court judgment directly,…

A party who fails to appeal a finding of the trial court or Court of Appeal cannot question that finding on appeal to the Supreme Court.…