Principle Archive

Valuation of landed property based on pure investment portfolio calculation in a commercial bank is not proper evidence of value; the law does not permit evidence…

Registration of an instrument does not cure the defect arising from the absence of ministerial approval or consent; the party relying on the transaction has the…

General damages cannot stem from a loss that readily lends itself to quantification or assessment, such as the cost of repairs or replacement; such loss must…

When an issue not raised in the court below is sought to be raised as a fresh point in the Supreme Court, leave to do so…

There is no inhibition against bringing a substantive claim in foreign currency; it does not matter that a consequential order for execution is expressed in foreign…

The onus is on the party confronted with self-created contradictions to fully and properly explain them to the satisfaction of the court; failure to do so…

Intrinsic contradictions within an applicant's own affidavits do not require oral evidence to resolve; however, contradictions between the applicant's affidavits and the respondent's affidavits must be…

A consequential order made subsequent to a judgment that detracts from the judgment or contains extraneous matters is not made within jurisdiction, as the judge becomes…

A stay of execution can only be granted upon the applicant showing special, exceptional, or strong circumstances; the compelling reason is to preserve the res from…

Stay of execution is not a relief granted as a matter of course; it is essentially an equitable remedy that must balance the successful party's right…

It is the balance of convenience that tilts the scale always in determining whether to grant a stay; if the court is not satisfied with the…

Special or strong circumstances must exist before a stay of execution can be granted; the essence is to maintain the status quo to ensure the res…