Principle Archive

Once the pleadings and the evidence of a party conclusively disclose a representative capacity and it is clear that the case was fought throughout in that…

The primary function of pleadings is to define and delimit with clarity and precision the real matters in controversy between the parties upon which they can…

That a person provides the money for the purchase of goods raises a presumption of the ownership of the goods by that person. Such presumption of…

Nothing in section 138 [of the Companies Act, 1968] makes the minutes of resolution of a company exclusive evidence. It only makes the minutes admissible evidence…

In civil cases the trial court gives judgment to the plaintiff on balance of probabilities, and in some instances the weakness of defendant's case can fortify…

Parties are bound by their pleadings, because the pleadings form their battleground. Whatever is not pleaded is not an issue and any skirmishes on unpleaded issue…

Counsel therefore being ordinarily retained to conduct a cause without any limitation, the apparent authority with which he is clothed when he appears to conduct the…

Fraud does not here mean deceit or circumvention; it means an unconscientious use of the power arising out of these circumstances and conditions; and when the…

First, the representation must be a statement of existing fact. Secondly, the representation must be material and unambiguous. Thirdly, the representee must show that he has…

Even if a statement is true in the sense in which the representor meant it but is so obscure that the representee understands it in another…

A consent judgment will be set aside on any ground which may invalidate an agreement on which it is founded would be rescinded. When therefore, a…

This court will not lightly interfere with concurrent findings of fact made by the trial court and the Court of Appeal, unless such findings are perverse…