Principle Archive

The distinction between special and general damages lies in pleading and proof; if the pleading shows how damages can be calculated and quantified upon strict proof,…

Costs are not awarded as a punitive measure but to meet the legitimate expenses of the successful party; an appellate court will be wary to interfere…

An appellate court does not try a case; it does not see or hear witnesses testify and therefore does not experience the nuances of seeing and…

No appellate court should disturb concurrent findings of fact unless those findings are perverse, based on a wrong proposition of law, inadmissible evidence, or no evidence…

The length of time it will take for a retrial to be concluded is not a relevant consideration when ordering a hearing de novo in a…

Identity of land becomes an issue only if the defendant specifically disputes the area, size, location, or boundaries as shown in the plaintiff's plan or described…

A finding that there is no fair hearing implies prejudice to the party who lost; the party does not need to prove any particular injury to…

Where a trial judge manifestly prejudges substantive issues during interlocutory proceedings, the proceedings become unfair and tainted, constituting a fundamental breach of procedural equality, and the…

An appeal is heard on the merits once the appellate court has considered the issue or issues in controversy in the appeal and has taken a…

Section 34(1) of the Evidence Act stipulates mandatory conditions for admitting evidence of a witness in a previous proceeding; these conditions must be observed before such…

The provisions of section 34(1) of the Evidence Act are mandatory and cannot be waived by consent; admitting evidence contrary to statutory provisions amounts to consent…

It is unlawful and incompetent for one judge to decide on evidence heard by another judge; such a practice infringes the principle that justice must not…