Principle Archive

Issues are joined on pleadings, not on plans. One cannot conclude from a plan alone what issues were in dispute without examining the pleadings.

Issue estoppel bars relitigation of an issue that has been isolated, raised, and finally determined in a previous proceeding. The finding must be direct, not collateral…

For res judicata to succeed, the land in dispute must either be the same as the land in the previous case or a part of it.…

If a seller does not have title to the property, he cannot pass any title to the buyer, under the maxim nemo dat quod non habet.…

It is well settled that any member of a family has capacity to sue to protect family property. The action is properly constituted if the plaintiff…

Where a customary court acts in good faith, listens fairly to both sides, and gives fair opportunity to present their case, it cannot be accused of…

Allegations of denial of fair hearing that are reasonably arguable may constitute an exceptional or special circumstance justifying a stay of execution pending appeal.

The grant or refusal of a stay of execution is at the discretion of the court, and such discretion must be exercised judicially, taking into consideration…

An arguable issue of jurisdiction raised in a notice of appeal constitutes a special circumstance that may justify a stay of execution, because if the trial…

Wilful disobedience of a lawful and reasonable order of the master justifies summary dismissal because it disregards a condition essential to the contract of service.

Gross misconduct is conduct of a grave and weighty character as to undermine the confidence that should exist between an employee and an employer, warranting summary…

The common law right of an employer to summarily dismiss an employee for gross misconduct is incorporated into a collective agreement by reference to "the law,"…