Principle Archive

Where the plaintiff claims for a declaration of title and fails to prove the exact extent of the land he is claiming, his action should be…

In an action which seeks the determination of boundaries between the parties to the dispute it is for the plaintiff to identify and prove the existing…

The court should not grant a declaration of title to a piece of land the boundaries of which are obscure and uncertain.

Re-evaluation of evidence by an appellate court does not mean copious reproduction of such evidence.

Where several persons are jointly liable, the plaintiff is at liberty to select and sue anyone or any number of them and he can recover his…

From the welter of authorities on the point—statutory, judicial and academic some of which I have cited in this judgment—it is a finding of liability against…

Being joint tort-feasors, therefore, a plaintiff is at liberty to chose his victim; he may decide to sue either of the master and servant separately or…

No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the parties may in every cause or matter deal…

The general principle of law which has its roots in the earliest years of the common law is that a master is liable for any wrong…

This approach to the issues placed before the court is, to say the least, unfortunate. The course taken, while permissible with the final Court of Appeal…

It is a basic principle of law that a Limitation Law or Act removes the right of action, the right of enforcement and the right to…

A court is said to be competent to adjudicate upon an action when — (1) It is properly constituted as regards numbers and qualifications of the…