Principle Archive

In determining whether the plaintiff's action discloses any cause of action or its nature, the court restricts itself to the plaintiff's statement of claim without recourse…

In considering whether an action is statute-barred, the court must confine itself to averments in the writ of summons and statement of claim that allege the…

According to section 20 of the Actions Law, the right of action ceases to exist 6 years after the cause of action arose. By filing this…

A cause of action is the fact or facts which establish or give rise to a right of action. It is the factual situation which gives…

Cause of action has been defined as the fact or combination of facts which give rise to a right to sue. This definition has been followed…

As soon as the respondent discovered that his money which the appellant agreed to remit overseas was not remitted as agreed, his cause of action arose.…

The arraignment was a judicial and official act carried out in a manner substantially regular. The legal maxim omnia praesumuntur rite et solemniter esse acta donec…

For a valid arraignment under section 215 of the Criminal Procedure Act, three requirements must be satisfied: (1) The accused shall be placed before the court…

It is good practice to record specifically that a charge was read and explained to the accused to the satisfaction of the court and that he…

An obiter is a Judge's passing remarks which have nothing to do with the live issues for determination in the matter. In the principles of stare…

Although Order 6 of the Supreme Court Rules does not provide that the court can suo motu formulate issues for determination, there could be compelling situations…

Documents filed in the registry of the court but not filed in the relevant court files and brought to the attention of the Judge cannot be…