Principle Archive

An order for retrial is ordered inter alia where a trial judge fails to take advantage of seeing and hearing witnesses, notwithstanding that the record showed…

Where a trial court has made improper use of the opportunity of seeing and hearing witnesses, i.e., where findings are not supported by the printed record…

The purpose of joining a particular person as a party is to ensure that that person is bound by the result of the action; that is…

Oral evidence on contractual terms offends section 132(1) of the Evidence Act which provides that when any contract has been reduced to the form of a…

Whether it is reasonable to infer an agreement between parties who have engaged in negotiation depends on whether there has been an offer which has been…

Where parties to an agreement have set out the terms in a written document, extrinsic evidence is not admissible to add to, vary, subtract from or…

Where a bank lends money on agreement that the rate of interest shall accrue 'at the rate from time to time stipulated by the bank' in…

When a document is clear, the operative words in it should be given their simple and ordinary grammatical meaning; when the words of any instrument are…

In the absence of agreement on fundamental terms, there can be no valid contract; if negotiations become fruitless and end without any contract or agreement ensuing,…

It is wrong to import into relevant clauses of agreements extraneous matters such as requirements not stated in the contract; if the conditions necessary for contract…

A person who is not a party to a contract cannot enforce it even if the contract was made for their benefit and purports to give…

A subsidiary company has its own separate legal personality; generally the act of a subsidiary company cannot be imputed to the parent company nor can the…