For estoppel per rem judicatam to succeed, the party must establish: (1) same parties or privies; (2) same claim or issue; (3) same subject matter; (4)…

Particulars required are not arguments or narratives that should be proffered at the hearing of the appeal to establish that the court erred or misdirected itself.…

The Supreme Court will not disturb concurrent findings of fact by lower courts unless they are shown to be perverse.

The discretion to grant a party leave to call new evidence on appeal is one sparingly exercised. This is because its indiscriminate use portends great danger…

It is the plaintiff's claim that determines the jurisdiction of a trial court.

Once an order absolute is made, there is nothing left before the court. The court has completely determined the matter and becomes functus officio. There is…

A final garnishee order absolute is a final decision. A judicial decision is final when it leaves nothing to be judicially determined thereafter. The court becomes…

Much as the parties have been disputing the boundary where their respective parcels of land abut each other it is an aspect of the larger issue…

It has of course been stated in a number of decided cases beginning from Baruwa v. Ogunsola (1938) 4 WACA 159 that the first duty of…

A heavy burden is on the respondents' (plaintiffs) to satisfy the court by their evidence that they are entitled to the declaration of title to the…

The Court of Appeal has no business whatsoever of deciding the issues raised in the main trial, in claims 6, 7, 8, 9 and 10, by…

A cause of action has been defined by this Court in various cases to mean a factual situation existence of which entitles one person to obtain…