Principle Archive

Where a defendant fails to specifically deny a material averment in the Statement of Claim and it is impossible to infer a denial thereof from the…

Every allegation of fact, if not denied specifically or by necessary implication, or stated to be not admitted, shall be taken as established at the hearing.

An onus of proof does not exist in vacuo; the burden of proof is merely an onus to prove or establish an issue; there cannot be…

No fact need be proved in any civil proceedings which the parties or their agents agree to admit at the hearing, or which before the hearing…

Where a party clearly deviates from their pleadings when in testimony they make a case otherwise than they had pleaded, such a piece of evidence goes…

When there is conflicting evidence as to physical facts, a judge may use their own observations to resolve the conflict, but it is not open to…

The ratio decidendi in a case is that where a plaintiff is held to lack locus standi to maintain their action, this finding goes to the…

When a court holds that a plaintiff has no locus standi in respect of a claim, the consequential order to be made is striking out of…

Admissions against proprietary interest made by a witness, now dead, in proceedings between third parties are relevant and admissible evidence in an action involving such proprietary…

Having failed to establish that the land in dispute is the land their predecessor purchased, the court, if it had properly adverted its mind to the…

With the plaintiff's admission that original ownership was in the defendant's family, unless they could show that the family had divested itself of title in favor…

A court may convict an accused person on their extra-judicial confession which has been proved to have been voluntarily made and is positive and unambiguous; the…