Principle Archive

If one party by his conduct leads another to believe that strict rights under the contract will not be insisted upon, intending that the other should…

All equitable defences must be pleaded fully with full particulars. It is not necessary to plead estoppel in any special form so long as the matter…

Judgment must be confined to issues raised in pleadings. It is not competent for the trial court suo motu to make a case for either party…

A mortgagee will not be restrained merely because the mortgagor objects to the manner of sale or has commenced a redemption action. However, the mortgagee will…

The onus is on the party who asserts to prove its assertion. The respondent bank had not established by credible evidence that the mortgaged property was…

By section 149(d) of the Evidence Act, the presumption is that there was no such letter. If purchase money was paid into the appellants' account, the…

An admission is a prior acknowledgment by a party that a material fact is not as now claimed. A statement of what a party was told…

Notwithstanding that the trial court failed or neglected to evaluate unchallenged and uncontradicted evidence, the Court of Appeal under section 16 had the power and duty…

When ownership passed to the plaintiff, what remained with the defendant was bare possession. That possession was to come to an end when the defendant procured…

The best evidence of incorporation is the production of the certificate of incorporation. Failure to prove incorporation by production of the certificate is fatal to the…

When evidence is unchallenged and uncontroverted, it may be accepted by the trial court for the purpose for which it is offered, provided the evidence itself…

To hold the plaintiff to an explanation about whether it or another party bought the generator first when the defendant did not plead a sale to…