Principle Archive

What amounts to negligence is a question of fact not law and each case must be decided in the light of its own facts and circumstances.

For a plaintiff to succeed in an action for negligence, he or she must plead all the particulars in sufficient detail of the negligence alleged and…

The only occasion when the occupier would not be liable for negligence, was when the negligence, was the negligence of a stranger... where a stranger who…

Negligence is a tort and it is complete when three conditions are satisfied. These are: 1. The defendant owes a duty of care to the plaintiff;…

A reasonable person could not have foreseen the possibility that an unknown outsider hunting for rabbits would cause a fire outbreak on the defendant's property... The…

If this happened, it cannot be within the reasonable contemplation of the appellant and the appellant cannot in my view, be held responsible for this and…

An Appellate Court can interfere with concurrent findings where the error in law is substantial (as in the instant case leading to this appeal) and that…

The words of clause 8(C) of exhibit C are so clear and unambiguous that they require no interpretation at all... what is relevant and very material…

It is settled law that where parties are ad idem on the terms of a contract, the function of the court is to give effect to…

It is clear that clause 8(C) is a condition in the Insurance Policy a breach of which clearly gives the aggrieved party an excuse for non-performance…

The time relevant in determining urgency justifying the grant of ex parte interim order of injunction is the time between the happening of the event which…

The time relevant in determining urgency justifying the grant of ex parte interim order of injunction is the time between the happening of the event which…