SC Appeal 189_2015 Final

[Chandana Liyanapatabendy]

The common law or Roman-Dutch law principles cannot limit a legislature’s authority. Such principles should only be applied when they do not conflict with existing legislation and when statutes are insufficient to resolve a case. The judgement criticizes the tendency of some lawyers to rely on outdated legal principles, warning that doing so undermines clear statutory rules and harms the legal system. Nonetheless, valuable Roman-Dutch principles should still be used when appropriate to resolve disputes. Deed of gift - ingratitude- action in personam- common law / Roman Dutch law - what’s the exact phase of Litus contestio in a civil trial