Principle Archive

A 'traverse' simplicita, is a categorical denial in the statement of defence of any fact alleged in the statement of claim. In a traverse, the defendant…

If the appellant was to realize anything from the special damages claimed, it should have gone further to lead evidence on those who made inquiries to…

Not only must special damages be specifically pleaded, they must be strictly proved by the plaintiff. They are those pecuniary losses actually suffered up to the…

Where the petitioner has introduced evidence in proof of payment of a sum of money, the burden shifts to the respondent/appellant to prove the fact that…

The respondent was not bound to use the word "infamous" in its findings; where the finding clearly indicates that the respondent intended to and did find…

By accepting a Power of Attorney from representatives of a community which expressly obliges the legal practitioner to pay compensation money to all claimants individually, the…

The appellant's conduct amounts to misconduct in the context of "any conduct that constitutes an infraction of acceptable standard of behaviour or ethics of the legal…

What the petitioner needs to sustain his complaint against the appellant is not privity of contract but locus standi which he has established by proving that…

All that the rule requires is that person making a claim in special damages should establish his entitlement to that type or class of damages by…

Although once pleadings are duly amended by the order of court, what stood before amendment is no longer material before the court and no longer defines…

Where a Plaintiff makes an allegation of crime in his pleadings but nevertheless can succeed in his claim without proving the crime, it cannot be said…

If the commission of a crime by a party to any proceeding is directly in issue in any proceeding, civil or criminal, it must be proved…