Principle Archive

Loss of anticipated profit was not within the contemplation of the parties as a recoverable head of damages under the loan agreement.

Special damages must be proved by credible and particularised evidence. A document titled "Realistic projected cash flow for 12 months" without explanation or signature is insufficient.

Proof of fraud or forgery is fatal to any claim under section 53 of the Registration of Titles Law, no matter at what stage it occurred…

Where the commission of a crime by a party is directly in issue in any cause or matter, civil or criminal, it must be proved beyond…

Where a party admits that he wrote and signed a document and that the photocopy shown to him is the same as the original in all…

Extracts from a banker's book are admissible if oral evidence shows they are extracts from a banker's book kept by the banker and that the figures…

In a trial by a judge alone, a distinction must be drawn between evidence absolutely inadmissible and evidence admissible under certain conditions. In the latter class,…

A decision not on the merits could not qualify as a defence through the principle of res judicata. Where a suit was preliminarily dismissed before hearing…

With the issue of a writ of summons, there is a presumption that an application was made by the plaintiff to the court registrar for the…

Non-compliance with rules of court will not necessarily result in the judgment being set aside. Once a party takes a step in the proceedings, he waives…

A party is not allowed to make an assertion against another party if the same assertion was an essential element in a previous suit between the…

Where plaintiffs conceded title in a previous suit, they cannot later relitigate the same issue under a different guise. They hold possession as customary tenants, not…