Principle Archive

Where an action is statute-barred, the plaintiff loses the right to enforce the cause of action by judicial process; legal proceedings cannot be validly instituted after…

A cause of action is a combination of facts and circumstances giving rise to the right to file a claim in court for a remedy; it…

The cause of action arises as soon as the combination of circumstances mentioned above accrued or happened, and it is the act on the part of…

Where the plaintiff's own witness contradicts the plaintiff's pleaded case, the proper order is dismissal of the claim.

An appellate court should not interfere with findings of fact unless the findings are not supported by the pleadings or evidence, or are perverse.

In a claim for declaration of title, the plaintiff must rely on the strength of his own case and not on the weakness of the defendant's…

Where the vendor's title is denied, the origin of the vendor's title must be pleaded and proved; failure to do so is fatal to the plaintiff's…

In a claim for trespass to land and injunction, title is put in issue; the onus is on the plaintiff to prove ownership and/or exclusive possession.

Issues are said to be joined on the pleadings when an averment in the opponent's pleading has been denied or traversed.

Once a party traces his root of title to a particular person or family and the vendor's title is denied, he must establish how that person…

Order 8 Rule 2(2) of the Supreme Court Rules requires that if grounds allege misdirection or error in law, the particulars and nature of the misdirection…

A ground reveals a question of law if it shows misunderstanding or misapplication of the law to proved or admitted facts; it raises mixed law and…