Principle Archive

Failure by a trial court to properly evaluate the evidence before it is a ground for appellate intervention.

A composite plan that incorporates two other plans sufficiently establishes the identity of the land in dispute; a careful examination would reveal that the composite plan…

Where findings not appealed against support it, the proper order is not dismissal of the appeal but setting aside the judgment and ordering a trial de…

Where the trial court's reasons for preferring one party's evidence over another's are found to be faulty, the proper order is to send the case back…

Service of a writ or process is a condition precedent to the exercise of jurisdiction; failure to serve renders the trial a nullity, and the affected…

A court has inherent power to set aside its own order or judgment that is a complete nullity, such as one made without service of process…

Filing an appeal outside the statutory period without obtaining an extension of time is a grave, incurable defect that deprives the appellate court of jurisdiction, regardless…

The date of the event from which calculation commences is normally excluded, and the last day is included; if the last day is a public holiday…

A practice direction on vacation period pertains to filing briefs, not to the statutory period for appealing; rules of court and practice directions cannot override statutory…

A notice of preliminary objection may validly be raised in the respondent's brief of argument to question the competence of an appeal.

The authorisation for a person to sue on behalf of others must be given by the other persons or community interested in suing; court approval is…

It is settled law that a court must not grant to a party a relief which he has not sought or which is more than he…