Singh v Kothari
Singh v Kothari (Civil Appeal No. 8 of 1944) [1944] EACA 11 (1 January 1944)
The magistrate erred in non-suiting the plaintiff at the close of his case without requiring the defendant to elect whether to call evidence. The evidence led by the plaintiff was sufficient to disclose a cause of action against the respondent, who acted as principal in the transaction and did not plead the existence of another legal entity liable for the goods. The practice established by case law requires that a magistrate should not rule there is no case to answer unless the party requesting the ruling elects to call no evidence. The respondent's conduct and pleadings did not sufficiently…
Source excerpt
- Goods Sold And Delivered
- Cause Of Action
- Pleading Requirements
- Onus Of Proof