Principle Archive

Where a form is prescribed by an enactment, a form which differs from the prescribed form shall not be invalid for the purposes of the enactment…

The express mention of the name and place of abode of the intending plaintiff in the second part, excludes the possibility of the name and address…

Not all errors result in miscarriage of justice; there is miscarriage of justice only where there are substantial errors in adjudication with the resultant effect that…

While the issuance of the notice by a prospective plaintiff is mandatory, the particulars to be included in the notice, which are cause of action, particulars…

The purpose of the statutory provision is solely to give the relevant authority sufficient notice of claims against it so that it is not taken by…

The place of abode of the plaintiff is not considered material to expressing their intention to sue the defendant; after all, should the plaintiff issue a…

Application for amendment is generally refused if granting it will result in injustice to the other side; it will surely be refused if made mala fide;…

The basic principle governing the granting of leave to amend is for the purpose of determining the real issue or issues in controversy between the parties;…

To amend any legal process affords a party—whether a plaintiff or defendant and even the appellant or respondent on appeal—to correct an error in the legal…

The principles taken into account in considering whether an application for amendment should be granted are inter alia: the attitude of the parties, the nature of…

This court cannot tolerate a situation where an error which can be corrected without prejudice or injustice to either party should be allowed to remain uncorrected…

The amendment sought is to bring the pleadings in line with the evidence already led; it has not been suggested that the amendment will take the…