Principle Archive

Where an action is brought against the defendant personally and prosecuted to judgment, and later a further action is brought against him in a representative capacity,…

For the plea of res judicata to apply, it must be shown that the parties, the issues, and the subject-matter in the previous action were the…

Matters adjudged in a cause do not prejudice those who were not parties to it: Res inter alios judicatae nullum aliis praejudicium faciunt. The only reason…

Having a controlling number of shares in a company is not synonymous with its ownership once it is incorporated as an entity of its own with…

Where the statement of claim states that the plaintiff claims "as per writ of summons", the claim in the writ of summons is incorporated in the…

The definition of "public service of the Federation" in the Constitution is not intended to be a general definition for all purposes or to apply to…

Where a statement of defence is amended to specifically deny paragraphs of the statement of claim, it is an error for the court to hold that…

When an employee complains that his employment has been wrongfully terminated, he has the onus to place before the court the terms of the contract of…

The term of the contract of service is the bedrock of the appellant's case; the employee must prove the contract of service because that is what…

Leave to argue additional grounds is not the same as leave to raise new issues; the rule against raising new issues on appeal is not inflexible—where…

An issue concerning jurisdiction that arises from the trial court's decision is not a new issue; it can be taken on appeal without leave, as jurisdiction…

An issue that arises from the judgment of the trial court is not a new issue; the appellant is entitled as of right to challenge it…