Principle Archive

An appellate court will not lightly set aside findings of fact made by a trial court unless such findings are perverse.

Failure to file a reply does not amount to admission of the averments in the statement of defence; it merely deprives the plaintiff from adducing evidence…

Two principles govern summary judgment: (1) a defendant with no real defence should not be allowed to delay the plaintiff; (2) a plaintiff should not be…

Where a document is capable of more than one meaning, summary judgment is inappropriate; if any of the possible meanings gives the defendant a defence in…

A plaintiff may apply for summary judgment after a defence has been delivered, especially where the defence itself discloses facts that make the application right and…

A defendant's affidavit must condescend upon particulars, deal specifically with the plaintiff's claim, and state clearly and concisely what the defence is; a mere general denial…

An agent of a disclosed principal is not ordinarily personally liable on a contract he enters on behalf of the said principal.

For breach of contract, a plaintiff may choose venue based on any of three alternatives: where the contract was made, where it ought to have been…

Where issue is joined on the defendant's residence, the onus is on the plaintiff to satisfy the court by evidence on that issue; shifting the burden…

The plaintiff who asserts that a court has territorial jurisdiction must adduce evidence to prove the facts establishing jurisdiction; the burden is on the plaintiff to…

Under Section 22(2) of the High Court Law, the jurisdiction of a State High Court over a defendant is limited to defendants who are resident and/or…

A misdirection as to the onus of proof is a very serious matter that can affect witness credibility and lead to a miscarriage of justice; once…