An appellate court will be reluctant to order a retrial where: (i) the plaintiff has established his case by raising the probabilities in his favour; or…

It is settled law that where there is concurrent findings of facts by the trial and appellate courts and there is sufficient evidence on record in…

The appellant had not challenged the award of costs in its appeal from the High Court to the court below. The jurisdiction of the Supreme Court…

The only reason which makes it necessary to make a person a party to an action is so that he should be bound by the result…

For a plea of res judicata to succeed, five conditions must be met: (1) adjudication of issues joined; (2) same parties or privies; (3) same issues…

Unless all constituent elements of the doctrine are established, the plea of estoppel per rem judicatam cannot be sustained. A consent judgment can sustain a plea…

Where facts in an affidavit remain unchallenged and uncontroverted, the court is bound to accept those facts as established because they are deemed admitted. They must…

A consent judgment is a final decision. A decision is final when it finally disposes of the rights of the parties, such that the matter would…

A claim in trespass is not dependent on proof of title to land. A plaintiff who fails to prove title may not necessarily fail. If he…

Registration of a business name is distinct from incorporation of a limited liability company. It does not fall within the Partnership Law. The relationship remains a…

The 6th issue which raised the question of jurisdiction did not arise from any grounds of appeal, and no leave was obtained to file it, particularly…

Where a party relies on traditional history, and in addition acts of ownership and long possession predicated on that traditional history as pleaded, he is not…