Essential requirements for representative actions: (i) numerous persons interested; (ii) same interest (joint and several); (iii) same grievance; (iv) proposed representative is one of them; (v)…

Where an action is not competent or properly constituted, it robs the court of jurisdiction. A judgment delivered without jurisdiction is a nullity however well conducted.

Fair hearing under section 36 of the 1999 Constitution protects all parties—plaintiffs and defendants alike. It would be oppressive to interpret it as conferring protection on…

A trial court has power to exercise discretion in the judicial process. As long as the discretion is exercised judicially and judiciously, an appellate court cannot…

The peremptory language of command, "shall," is clear. The trial judge properly invoked the rule by dismissing the suit instead of striking it out.

A plaintiff not ready to pursue his suit with diligence has no business bringing such case to court. The time of the court is valuable and…

An appellate tribunal is not at liberty merely to substitute its own exercise of discretion for that already exercised by the Judge. It may reverse only…

Where the plaintiff has proved title by traditional history, there is no additional burden to also prove exclusive possession, because the person having title is presumed…

Where a party's traditional history is so intrinsically conflicting that a reasonable tribunal would not place credence on it, there is no room for applying the…

Once pleadings are ordered, filed, and exchanged, parties and courts are bound by them. Evidence must be led in accordance with pleadings. Evidence on unpleaded facts…

A party relying on traditional history must plead his root of title, showing who his ancestors were and how they came to own and possess the…

A court has no vires to grant a relief not sought by the parties.