A claim under common law can be joined in an application under Section 42 of the 1979 Constitution where such claim is secondary, ancillary, or incidental…

A claim under common law can be joined in an application under Section 42 of the 1979 Constitution where such claim is secondary, ancillary, or incidental…

The sale of the three properties comes squarely within sections 47 and 48 of the Sheriffs and Civil Process Act. Since the auction sale was not…

One of the indicia of jurisdiction is that the action is initiated by due process of law, which in this case is by writ of summons.

Jurisdiction is determined by the plaintiff's claim or relief. It is the claim before the court that must be examined to ascertain whether it comes within…

The maxim ubi jus ibi remedium is a principle of universal validity available to all legal systems involved in impartial administration of justice. It enjoins courts…

It is erroneous to treat properties sold differently. Both became properties sold in defiance of the law. There can be no degree of a nullity. If…

The consequence of a failure to set aside the sale of appellant's properties is that those properties have been in the hands of other persons for…

The attachment and sale of the appellant's four properties was illegal, unconstitutional, null and void, and passed no title to any buyer. The court below was…

Section 44 of the Sheriffs and Civil Process Law is silent on how to apply for a writ of execution against immovable property. It is only…

No citizen may be deprived of his property without due process of law. Judgment was given against the appellant and his properties sold. The judgment was…

High Courts have jurisdiction to grant declaratory reliefs in chieftaincy matters and they exercise that jurisdiction without equivocation. Reliefs that seek a finding of what the…