rei vindication-ADMISSION OF THE CORPUS- is proof of the corpus required A V Arnolis Vs Mrs Miriam Lawrence CA (SC) application No 45/80- Soza, J stated as follows ... Quote "Section 184 of the Civil Procedure Code requires the court to act on the admissions in the pleadings and on the evidence led before it. It must be borne in mind that the issues are framed on the responsibility of the court only on material questions that are in controversy and regarding which evidence to be led. Matters that are admitted in the pleadings will not be raised in the issues and no evidence need be led on them. What a party must seek to establish by evidence is so much of the material part of his case that is not admitted in his opponents pleadings" - Unquote (Emphasis is not that of Soza J) TO VIEW A SIMILAR CASE TYPE ON THE VIEW BLOGGER SEARCH BAR "ADMISSION OF TITLE BY THE LICENSEE"

-

Comments

Post a Comment

Popular posts from this blog

constructive trust - synopsys of a presentation

-
Image
  TRUST - A presentation -  October 29, 2016 786 GALLELAW BLOGGER   [ many authorities cited in this document have been hyperlinked by the blogger to save the precious time of the reader]     "Constructive trust serves as the guardian of the oppressed when the rigidity of written law hinders the pursuit of justice. It embodies the flexibility and moral conscience of the legal system, ensuring that equity prevails where legal technicalities may fall short. By recognizing the rightful claims of those unjustly deprived, constructive trust provides a path to fairness and restores balance, offering hope and remedy to those wronged by the limitations of formal law." - GALLELAWBLOGGER     October 29, 2016   TRUST – synopsis of a presentation made to the District Judges on 24.8.2002 by A W A Salam at the auditorium of the Office of Judicial Service Commission presided over by Justices Udalagama Director of SLJI  ...
Read more

CIVIL PROCEDURE AMENDMENT NO 43 OF 2024

-
Image
  defult of appearance - An overview  by GalleLaw Blogger  on the amendment 43 of 2024 to section 86, 87 and 88 to the CPC  VACATION OF exparte ORDERS, JUDGMENTS AND DECREES. The Civil Procedure Code (Ordinance No. 2 of 1889) governed case procedures in the Original and Appellate Courts for nearly 85 years, from 1889 until 1974, when it was replaced by the Administration of Justice Laws No. 44 of 1973 and No. 25 of 1974. During a brief period from 1974 to 1977, the Civil Procedure Code was superseded by the AJL. However, in 1977, the Civil Procedure Code of 1889 was reinstated by the Civil Courts Procedure (Special Provisions) Law No. 19 of 1977. Section 86 of the Civil Procedure Ordinance outlined the procedures for setting aside a decree *nisi*  (a provisional judgment)  under the CPC ordinance. Under Section 86(2), if a defendant provides reasonable grounds for the default, the court was empowered to set aside the decree and resume the case from the s...
Read more