Principle Archive

A contract may be ex facie illegal or illegality may depend on a combination of facts. In the former case, illegality need not be specifically pleaded.…

The onus is on a plaintiff to prove his case on the strength of his own case, not on the weakness of the defendant's case, subject…

The Mareva injunction operates to stop a defendant against whom a plaintiff has a good arguable claim from disposing of or dissipating his assets pending determination…

The ratio decidendi of that case which is binding is based on res judicata. The other remarks the court made about joinder which was not necessary…

The ratio decidendi represents the reasoning or principle upon which a case is decided. Obiter means in passing, incidental, cursory. Obiter dicta reflect the opinions of…

A perusal of the appellant's statement of claim reveals that there is no averment alleging that the appellant's funds were in the custody of the respondent.…

It is settled law that a court is without power to award to a party that which he has not claimed or which is more than…

Burden of proof in civil cases has two distinct meanings: the legal burden (always stable) and the evidential burden (may shift constantly according to preponderance of…

Sale of family land by the head alone without principal members' consent is prima facie voidable. However, if the head purports to sell as beneficial owner,…

A sale of family land by a member of the family without the consent of the head and the principal members of the family is void…

An appellate court will not ordinarily interfere with findings of fact made by a trial court except where such findings are perverse, not supported by evidence,…

Trespass is essentially a tort against possession. Only a person in possession of land at all material times can maintain an action in damages for trespass.…