Principle Archive

Where there are admitted facts or uncontradicted facts on the record in respect of which a trial court failed to draw a conclusion, a Court of…

It is not right for an appellate court to interfere with the trial court's finding of fact unless the finding is not supported by evidence, or…

An appellate court that hears an appeal and allows it has a duty to make consequential orders on the relief sought by the appellant from the…

A person possessed of goods as their property has a good title as against every stranger, and one who takes them having no title cannot defend…

When the question is whether any person is the owner of anything of which they are shown to be in possession, the burden of proving that…

In civil cases, while the burden of proof may initially be on the plaintiff, the proof or rebuttal of issues that arise in the course of…

Special or strong circumstances warranting a stay of execution pending appeal include collateral circumstances or inherent matters that, unless stay is granted, would destroy the subject…

Where the character of land, the subject matter of litigation, would be radically and irrevocably altered (such as by erecting permanent buildings on agricultural land) in…

A successful plea of res judicata requires identity of parties or their privies; where one suit is a representative action and the other is a personal…

Before the doctrine of estoppel per rem judicatam (res judicata) can operate, it must be shown that the parties, issues, and subject matter were the same…

Evidence led regarding the custom of a trade or business that was not pleaded goes to no issue and is inadmissible; such evidence cannot form the…

Where a contract of employment or consultancy makes no express provision for its duration or termination, the common law implies a term that it is for…