Pleadings do not constitute evidence. Where there is no evidence in support of any pleading, that averment is deemed abandoned.

Issues must flow from the grounds of appeal; where they do not, they become incompetent and will be struck out. A respondent who has not cross-appealed…

Where a party different from the original parties was added after the expiration of the limitation period and not on an application for amendment of the…

A misnomer involves mis-description of an entity. Where there are two entities, a mistake in commencing an action in the name of one rather than the…

Where a ground complains that the tribunal failed to fulfil an obligation cast upon it by law, such a ground involves a question of law, provided…

Jurisdiction is the very basis on which any tribunal tries a case; it is the lifeline of all trials. A trial without jurisdiction is a nullity.

Before ordering a retrial, the court must be satisfied: (a) the error or irregularity did not render the trial a nullity and the court cannot say…

A decision given by a tribunal or court without jurisdiction is a nullity. Under section 36(9) of the 1999 Constitution, it is a conviction or acquittal…

The court below having held that the trial of the respondent was a nullity, was wrong to have ordered that the respondent be discharged and acquitted.…

This is not a situation where a verdict of acquittal may be entered when the trial is declared a nullity. Since the GCM had no jurisdiction,…

Section 220(2)(a) of the 1979 Constitution is clear: there is no right to appeal in the instances mentioned. Bringing in section 221 or section 220(1)(b) would…

It is the duty of a trustee to keep a proper account of the trust he administers. The beneficiary has a right to call upon the…