Principle Archive

The provision of section 148(a) of the Evidence Act applies when there is evidence that a person is found in possession of some goods and that…

A vital witness is a witness whose evidence may determine a case one way or another; failure to call a vital witness by the prosecution is…

An appellate court will not interfere with the findings of fact made by a trial court unless it is shown that such findings are perverse or…

The principle is well established in law that a court must not grant to a party a relief which they have not sought or which is…

The court was in error when it held that the appellant had not abandoned the first leg of his claim; by considering and pronouncing on relief…

It is well settled that a Statement of Claim supersedes the writ and must itself disclose a good cause of action; any claim in the writ…

It is not sufficient to make allegations in pleadings; credible evidence must be led in proof of it; the facts pleaded regarding the outstanding sum were…

The written agreement signed by the parties was not produced in evidence; it was wrong to rely on a bill of quantities as if it is…

The court concluded that from whatever angle the issue was examined, the state of the parties' pleadings could not justify or support the contract sum claimed…

When a plaintiff's case has failed in toto, an order of retrial is not appropriate; if a plaintiff has failed to prove their case in the…

The Criminal Procedure Law makes provision for Address and Reply; neither accused nor counsel had a right of reply to the Reply of State Counsel; failure…

The principle that where a witness makes a statement inconsistent with their testimony, such testimony is to be treated as unreliable while the statement is not…