Principle Archive

Equating demurrer with objection to jurisdiction can be misleading. In demurrer, the defendant accepts the plaintiff's facts as true but contends that the plaintiff has no…

Any amendment of pleadings made or ordered at any stage of the proceedings before judgment, or even made on appeal, dates back to the date when…

Courts are entitled to raise any issue of law relating to any matter before them, but the parties must be given the opportunity to address the…

Leave is required to file and argue any fresh point not canvassed in a lower court. However, where the issue is raised by the Court of…

The exercise by the Court of Appeal of its discretion to grant an application for amendment is a "decision" within the meaning of the Constitution. The…

Where a conveyance is made in professed exercise of the power of sale, the purchaser's title shall not be impeached on the ground that no case…

A plaintiff alleging fraud must specifically plead fraud or collusion with particulars and lead evidence to prove the allegations. General allegations without particulars are insufficient.

A borrower may expressly waive his rights to be given notice under section 20 of the Conveyancing Act, 1881, or under any law or custom before…

A judgment creditor may apply to have a judgment registered within twelve months after the date of the judgment or such longer period as may be…

Part I of the Foreign Judgments (Reciprocal Enforcement) Act applies to judgments obtained in courts of the Commonwealth as it applies to foreign countries. The Reciprocal…

Notwithstanding any other provision of the Act, a judgment given before the commencement of an order under section 3 applying Part I to the foreign country…

It is elementary law that a party who makes an assertion must prove the truth of it in order to succeed in the action.