Principle Archive

An appellate court will interfere with a trial court's exercise of discretion where it is shown to be not exercised judicially and judiciously—that is, if it…

It is improper for an appellate court to suo motu (on its own motion) increase an award of damages made by a trial court where the…

Where a trial court's findings are perverse or it makes use of a document beyond its evidential value, the appellate court has a duty to re-evaluate…

Wrongful admission of evidence is not a ground for reversal if the evidence cannot reasonably be held to have affected the decision and the decision would…

A ruling or decision of a trial court is not a final decision if it does not finally dispose of the rights of the parties in…

Jurisdiction is determined by examining the plaintiff's claim as presented in the statement of claim. It is the cause of action identified in the pleadings that…

The Supreme Court will not disturb concurrent findings of fact made by the trial court and the Court of Appeal unless special circumstances exist, such as…

A trial court has the power to compare disputed signatures with undisputed signatures and form its own opinion on their authorship, independent of or in addition…

Reasonable doubt is a rational doubt founded on reason, not sentiment, speculation, or imagination. It must be real, not fanciful. The prosecution's proof need not eliminate…

To secure a conviction for the offence of obtaining credit by means of a dishonoured cheque, the prosecution must prove three essential elements: (a) that the…

Whether the word "shall" in an enactment conveys an obligatory or merely directory meaning depends entirely on the context in which it is used. The principle…

It is the exclusive prerogative of the trial court to evaluate evidence and assess witness credibility. An appellate court will not interfere with concurrent findings of…