Principle Archive

Parties are bound by their pleadings; evidence at variance with the averments in the pleadings goes to no issue and must be discountenanced.

Matters not pleaded are not in issue; evidence regarding them must not be admitted, and if admitted, must be ignored or discountenanced.

Facts pleaded but not supported by evidence go to no issue and must be discountenanced.

Where a party's evidence of traditional history conflicts with his pleaded root of title, he has failed to make out his case; the claim must be…

The court has the power to strike out a notice of appeal or any ground of appeal that is incompetent or vague.

Where grounds of appeal allege misdirection or error in law, the particulars and nature of the misdirection or error must be clearly stated; vague or general…

Composite grounds of appeal that embed particulars of errors within the ground are acceptable and will not be struck out as incompetent, as long as the…

The Supreme Court will not interfere with concurrent findings of fact by two lower courts unless those findings are perverse, unsupported by evidence, reached by wrong…

Making an order not sought by any party without hearing the parties on its desirability may result in injustice; the court must hear parties before making…

An appellate court may raise points suo motu in exceptional circumstances, but must give parties the opportunity to address the court before making a decision on…

An appellate court ought not to make orders affecting the respondents' interest without hearing from the parties, especially when such orders were not sought.

It is not satisfactory to determine an appeal on a single issue without considering other issues raised; justice is better served by remitting the appeal for…