Principle Archive

Payment by means of a negotiable instrument is prima facie conditional on the instrument being honoured at maturity; the seller's remedy to sue for the price…

The unpaid seller's right of lien depends on being in possession of the goods at the time of exercising the right; even where seller is in…

The court will only grant a perpetual injunction at the suit of a plaintiff in support of a right known to law or equity; the conduct…

A decree of specific performance is a form of relief that is purely equitable in origin; the fundamental rule is that specific performance will not be…

It is a correct proposition of law that where an action is properly constituted, with a plaintiff with legal capacity to bring the action, a defendant…

The attitude of this court to concurrent findings of fact of the two courts below has always been that this court will not disturb such findings…

The trial judge purported to amend the proceedings by holding that plaintiffs are entitled to relief but not as children and grandchildren of a named person…

It follows from the finding that there are no defendants against whom plaintiffs can proceed; in the absence of any competent defendant, as the finding has…

Where action is improperly constituted, appellate courts have identified the following options depending on facts: (1) remit for retrial and for those who ought to be…

It is an elementary consideration in bringing actions that a writ of summons must not only state the name of a plaintiff with legal capacity to…

It is only in those cases where it will not be right and the court cannot properly determine the issues before it in the absence of…

If the fundamental relevant questions not considered by the trial judge are capable of being determined on the basis of admitted facts or documentary evidence before…