Principle Archive

A stay of execution only prevents the beneficiary from putting into operation the machinery for execution of a judgment or order. It can only be granted…

An undertaking to pay damages is the price which the person asking for an interlocutory injunction has to pay, and it ought to be required on…

The Court of Appeal may extract an undertaking as to damages from the respondent and allow an injunction ordered by the trial court to continue, even…

Observations in a judgment on a point not directly arising from the facts of the case are obiter dicta and do not form part of the…

Where a plaintiff's claim is for the return of specific property allegedly left in the care of the defendant's predecessor, and the defendant asserts absolute ownership…

The jurisdiction of a court, including a special appellate court such as the Sharia Court of Appeal, is determined by the plaintiff's claim as presented, and…

In civil proceedings, facts admitted require no evidential proof.

Where there is no difficulty in identifying the land in dispute, a declaration of title may be made without it being based on any plan.

Concurrent findings supported by sufficient evidence should not be disturbed.

When faced with irreconcilably conflicting affidavits, the court should hear oral evidence from deponents or other witnesses to resolve the conflict, even if no party asked…

Where a point arising for determination needs further clarification by evidence, it is the duty of the court to invite the parties to supply such evidence;…

The Supreme Court will not normally interfere with concurrent findings of the two lower courts unless there is a miscarriage of justice or a violation of…