Principle Archive

Calling companies conglomerate and multi-national is not enough to convince the court that they could be treated as one; it must be established through evidence, documentary…

An application for an interlocutory injunction must satisfy the court that there is a serious question to be tried in addition to satisfying the court that…

When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for them to use such force to the assailant as is…

A gift inter vivos is an act whereby something is voluntarily transferred from the true possessor to another person, with full intention that the thing shall…

Nothing in the arbitration agreement between the plaintiff and the contractor can be interpreted as making the defendant a party to that agreement; the Court of…

Where the arbitration clause is of Scott v. Avery form which ties the contractor's liability to an award and makes it incumbent on the contractor to…

Had donor been able to establish fraud, mistake, misrepresentation, or perhaps total failure of the object of the gift, then upon such evidence, the gift may…

It is evident from the provisions that the applicant for a stay of proceedings must be a 'party to the arbitration agreement' and that the subject…

Clearly, as the Act recognizes pre-incorporation ownership of land, the deed does not conceivably violate same; a close examination clearly establishes that the gift vested in…

The deed of gift is quite plain as to the persons the gift was made and for what purpose; the intention is clear; that intention cannot…

An unincorporated association does not legally exist and must of necessity act through its appointed representatives; the provisions of the Land (Perpetual Succession) Act are clear…

The lower court did not hold that the trustees became absolute owners of the land but that the land became vested in the trustees as recipients…