Principle Archive

A trial judge can indulge a party for some time but not for all times. The judge has the right to withdraw indulgence when fair hearing…

A court must hear a motion or any process before it, however unmeritorious. A court should not ignore a motion or process before it and give…

Fair hearing is for both parties, not a one-way traffic. The court creates the environment, but it is not the court's duty to ensure a party…

The fair hearing principle is not for the weakling, the slumberer, the indolent or the lazy litigant, but for the party who is alive and kicking…

A question of mixed law and fact arises where the facts struggle with the law for first place. A little grain of fact in the law…

An appellate court will not reverse a finding of fact made by a trial court unless such finding is not supported by evidence or is perverse.

The onus of proof does not exist in vacuo. There cannot be any burden of proof where there are no issues in dispute. If a particular…

When a fact is pleaded by the plaintiff and admitted by the defendant, evidence on the admitted fact is irrelevant and unnecessary. There is no dispute…

The aim of pleadings is to give notice of the case to be met, enabling either party to prepare evidence and arguments upon issues raised, and…

An appellate court does not generally interfere with trial court findings. However, where a trial judge draws mistaken conclusions from indisputable facts, the appellate court must…

Where personal service cannot in law be effected on a defendant outside the jurisdiction, substituted service should not be ordered. Otherwise, rules relating to service out…

If the defendant is outside the jurisdiction at the time of the writ's issue and could not have been personally served, an order for substituted service…