Principle Archive

A party is bound by the case set up in their pleadings and must prove that case; it is not for the court, where that case…

In claims for special damages such as loss of specific future commissions, the claimant must plead with particularity and lead credible evidence to substantiate the claimed…

Before secondary evidence of a document's contents can be admitted, there must be evidence accounting for why the original was not produced, particularly where the original…

To succeed in a libel claim, the plaintiff must prove the actual defamatory words complained of by tendering the document containing the alleged libel; where unable…

No evidence taken under a Commission of Inquiry law shall be admissible against any person in any civil or criminal proceedings, except in cases where a…

It is not only when a plea of res judicata is raised that survey evidence becomes necessary to relate land in dispute to land in previous…

Under Section 16 of the Court of Appeal Act and applicable rules, the Court of Appeal has power to enter a verdict of dismissal if that…

In applications for interlocutory injunction, the applicant must satisfy the court that there is a serious question to be tried and that facts disclose a reasonable…

The object of an interlocutory injunction is to protect an applicant against future injury by violation of their rights for which they cannot be adequately compensated…

Applications for extension of time to enable an appellant's case to be properly and fully placed before the court are usually granted unless brought mala fide…

It is in the interest of justice to allow amendments to grounds of appeal and additional grounds to be filed where done in good faith and…

Mere words of amorous advances are insufficient to constitute provocation, and where there is sufficient time and opportunity for the accused to cool down after any…