Principle Archive

In determining whether the plea of estoppel per rem judicatam or whether the issues, the subject of the two actions and the parties are the same,…

The main function of pleadings is to ascertain with as much certainty as possible the various matters that are actually in dispute and those in which…

Every allegation of fact, if not denied specifically or by necessary implication shall be taken as established at the hearing.

If a finding or decision of a trial court, whether on an issue of fact or law is not challenged in an appeal to the Court…

The law is well settled that on no account should a court raise a point suo motu, no matter how clear it may appear to be,…

The main question to be resolved in the instant case therefore is whether from the facts disclosed in the various affidavits in support of the application,…

In actions for breach of contract, the cause of action accrues for the Plaintiff's benefit from the time the breach is committed and not when the…

Care should be taken when a court is hearing an interlocutory application to avoid making any observation in its ruling on that application which might appear…

Unless there is very good and strong justification for so doing, a High Court should be reluctant to grant amendments before judgment, even though it has…

An appeal is not the inception of a new case. No, far from that. An appeal is generally regarded as a continuation of the original suit…

The proliferation of issues for determination in appeals has been discouraged and disapproved in our appellate courts. Issues raised in any appeal must relate to the…

No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision…