Principle Archive

In redundancy, the principle of "last in, first out" shall be adopted in the discharge of the particular category of workers affected, subject to all factors…

An employee who accepts terminal benefits, including salary in lieu of notice, puts an end to any contract of employment, real or imagined, and the contract…

A general policy directive or statement does not constitute an offer or representation capable of acceptance to form a contract.

Where an issue does not arise from or is not supported by the grounds of appeal, it is unarguable, incompetent, and ought to be struck out.

Issues formulated for determination by an appellant should arise from the grounds of appeal filed, and parties will not be allowed to argue any issue not…

If only one issue for determination is raised in the appellant's brief and that issue is incompetent, the appeal becomes incompetent for non-compliance with the rules…

Granting a stay of proceedings in a case that has been determined and where the trial judge has become functus officio is futile and merely academic.

Waiting for the outcome of another appeal in the hope that it would succeed is like taking a gamble and shows neither diligence nor competence; it…

For an application for extension of time to succeed, there must be, first, good and substantial reasons for the failure to appeal within the prescribed period,…

A passage in a judgment that is an obiter dictum is not binding on a lower court. What is binding is the clear and unambiguous ratio…

Section 33(3) of the 1979 Constitution provides that the proceedings of a court or tribunal (including the announcement of the decisions) shall be held in public.

Giving judgment not in public as demanded by section 33(3) of the 1979 Constitution, but in chambers, renders the judgment a nullity and vitiates the entire…