Principle Archive

A judgment is only valid against a party who is aware of the relief claimed and was given an opportunity to resist it.

It is trite law that the court is without the power to award to a claimant that which they did not claim; this principle of law…

A consequential order could only be made directing a party who participated in the proceedings before the court and was involved in the judgment to do…

A consequential order is not one merely incidental to a decision but one necessarily flowing directly and naturally from, and inevitably consequent upon it; it must…

Every judgment is conclusive proof, as against parties and privies, of facts directly in issue in the case, actually decided by the court, and appearing from…

There are two kinds of estoppel by record inter partes or per rem judicatam; the first is usually referred to as 'cause of action estoppel' and…

For issue estoppel to apply the following ingredients must be present: (1) the parties must be the same in the previous and present actions; (2) the…

Whatever their views on it, it was not their duty to depart from it; their duty was to give effect to it, especially since it is…

Having found that on the pleadings the parties certainly joined issues on a specific question and that a pronouncement was made by the trial judge about…

Issue estoppel applies whether the point involved in the earlier decision is one of fact or law or one of mixed fact and law.

It is a well established principle that the object of courts is to decide the rights of the parties and not to punish them for mistakes…

It is imperative that for an action to succeed the parties to it must be shown to be the proper parties to whom rights and obligations…