Principle Archive

To sustain a plea of res judicata, the party pleading it must satisfy: (1) the parties or their privies are the same in both cases; (2)…

The onus of proving that any payment was made or anything done was with the permission of the appropriate authority shall be on the person charged.

Where a transaction is illegal under the Exchange Control Act, the court will not lend its aid to enforce obligations arising from it, as the entire…

A contract is illegal if the consideration or promise involves doing something illegal or contrary to public policy, or if the intention of the parties is…

In a claim for conversion, only the value of the chattel at the date of conversion may be claimed. Special damages may also be claimed, but…

Trespass to goods is actionable per se, without proof of damage. It lies only in favour of a plaintiff who has possession or the immediate right…

An appellate court is not justified in substituting its own figure for that awarded by the lower court merely because it would have awarded a different…

An obstruction of a public highway is a public nuisance. A private individual has a right of action only if he can prove particular damage beyond…

Where no prima facie case is made out against a defendant at the close of the plaintiff's case, the claim against that defendant ought to be…

In civil cases, proof is based on the balance of probabilities. The burden of proof rests on the plaintiff who asserts the affirmative, and he must…

The Sharia Court of Appeal has no power to set aside a judgment of a court delivered before the Sharia Court of Appeal was established.

The evidence of two acceptable witnesses adduced by one side shall be preferred to the evidence of one acceptable witness called by the other side.