Where evidence given by a party was not challenged by the opposite party who had the opportunity to do so, it is always open to the…

A court can properly accept and rely upon any evidence before it which is unchallenged and uncontroverted provided that it is relevant to the issues before…

A statement of claim supersedes a writ of summons, and where whatever is in the writ of summons is excluded in a statement of claim, it…

A cause of action arises from circumstances containing different facts that give rise to a claim enforceable in court, leading to the right to sue a…

Findings of the lower court, more so when they are concurrent ones, will not be disturbed unless they are perverse and are not supported by unchallenged…

Under section 36(2), where a grant is obscure or made many years back (as much as the 19th century), the holder acquires by continued use the…

The Supreme Court will disturb concurrent findings only in rare instances, such as insufficient evidence to support them or glaring miscarriage of justice clearly shown.

The cause of action arose on receipt of exhibit B in which the defendant denied possession of the machine. The action filed about three years after…

There are essentially three qualities a brief should possess: clarity, precision, and accuracy. Any brief that fails to possess these distinctive characteristics leads to incomprehension of…

An averment in pleadings is no evidence and cannot be so construed. Averments must be proved by evidence except when admitted by the other party.

Where disparate and different parties are lumped together to avoid multiplicity of actions but the parties are unrelated and each set has nothing in common with…

The fact that documents could not be found either in the State High Court or National Archives does not necessarily mean that they do not exist…