Principle Archive

It is well established that leave to amend may be made and granted at any stage of the proceedings; it is however important to seek such…

The suggestion is that the amendment sought is a clever way of raising a fresh or new issue not addressed before the courts below and ought…

Where the application for grant of amendment falls within these principles, the court will have no hesitation in granting it; the fact that the application was…

The address of counsel is supposed to deal only with the evidence before the court; but the mere mention of a matter in the course of…

The law on the award of special damages is clear; and that is, that the onus is on the plaintiff to prove special damages strictly; in…

It is settled that a plaintiff is under duty to mitigate their damages and any neglect by them in this respect is a bar to a…

In cases of this nature, it is always expected of plaintiff to mitigate the loss suffered due to negligence of the defendant; it is incumbent upon…

It follows that not only must special damages of this kind be carefully particularised, the evidence in support of them must be credible; this is strict…

General damages, as understood, are such as the law will presume to be the direct, natural or probable consequence of the act complained of; special damages…

As a general principle a contract affects the parties to it, and cannot be enforced by or against a person who is not a party, even…

It is also trite law that a person who is not a party to a contract, cannot be held bound by it.

In the law of England certain principles are fundamental; one is that only a person who is a party to a contract can sue on it;…