Principle Archive

A reasonable cause of action means a claim with some chance of success. The test is applied solely on the allegations in the pleadings. If those…

A cause of action consists of two essential ingredients: a wrongful act committed by the defendant and consequential damage suffered by the plaintiff. Both elements must…

Principle Statement: In assessing whether a plaintiff has a reasonable cause of action, the court must confine itself exclusively to the facts pleaded in the statement…

Where a staff manual requires that a prima facie case of a serious nature be established by a court or investigation committee before suspension, any suspension…

Where an employee's service is protected by statute and the employment is wrongfully terminated, the employee is entitled to reinstatement to his office, in addition to…

A statutory body created by statute must act within the powers conferred by that statute and any regulations made thereunder. Any action taken in respect of…

Where an employee is transferred to a new employer and the correspondence between the parties indicates that the employee's previous years of service will be recognized,…

Where a constitutional provision has been authoritatively interpreted by the Supreme Court in previous decisions, the court is at liberty to apply that settled interpretation without…

The existence of a contractual relationship between the parties does not determine the issue of territorial jurisdiction where the gist of the action is a tort,…

The requirement in Section 234 of the Constitution that the Supreme Court shall sit in a panel of seven justices for certain constitutional appeals is directory,…

A person who issues a cheque in settlement of an obligation under an enforceable contract, which is subsequently dishonoured, shall be deemed to have obtained credit…

The word "shall" in the proviso to Section 234 of the 1999 Constitution, requiring the Supreme Court to sit in a panel of seven justices for…