Principle Archive

Where an appellant fails to file a reply brief where it is necessary for him to do so in response to new points or issues raised…

In a pure master and servant relationship (without statutory flavour), a dismissal of the employee by the employer cannot be declared null and void and of…

Where it is alleged that the trial court or appellate court misunderstood the law or misapplied the law to the admitted or proved facts, such a…

There is a fundamental distinction between a grant and a settlement as roots of title: a grant proceeds from a previous title holder to a subsequent…

Where an office or employment has a statutory flavour—meaning its conditions of service are provided for and protected by statute or regulations thereunder—the holder enjoys a…

In a claim for wrongful dismissal, the measure of damages is prima facie the amount that the plaintiff would have earned had the employment continued according…

The share ownership of an employee in a company for which he works generally has nothing to do with the terms of his employment. Share ownership…

Parties are bound by their pleadings, and any evidence adduced that is at variance with the averments in the pleadings goes to no issue and must…

Evidence given by a witness in a previous judicial proceeding is relevant and admissible in a subsequent proceeding to prove the truth of the facts stated,…

Where the entire evidence called by a party is missing in the compiled Record of Appeal, it will be difficult, if not impossible, to say with…

Where a suit is improperly commenced, the jurisdiction of the court is not properly invoked. The proper order is to strike out the suit, not to…

The proper order a trial court should make where it finds that the action before it was wrongly commenced by way of originating summons is to…