It is always not the business of the court to make a contract for the parties before it or to re-write the one already made by…

To result in invalidation of the lower court's decision, the error must be substantial and formed the basis of the decision and resulted in a miscarriage…

It is elementary law that parties are bound by the record of appeal and an appellate court has no jurisdiction to go outside the record in…

Ordinarily a master is entitled to dismiss his servant for good or bad reasons or for no reason at all. Termination of a contract of service…

To sustain a plea of res judicata, the party must satisfy: (1) The parties (or their privies) are the same in both cases; (2) The issue…

A party raising a plea of estoppel per rem judicatam urges the court not to consider the issues anew, having been previously adjudicated by a competent…

It is a well-established principle of pleadings that there is no issue between parties in respect of matters expressly admitted on the pleadings and therefore no…

The leave granted by this court covers all the ten grounds of appeal and not confined to specific grounds only. The appellants were therefore in order…

Once a defendant claims to be the owner of the land in dispute, title to it is put in issue, and in order to succeed, the…

The origin or root of title of such a grantor must not only be clearly averred in the pleadings, it must also be proved by evidence.

In a claim for declaration of title, the onus is on the plaintiff to prove his case. He must rely on the strength of his own…

In civil proceedings, parties are bound by their pleadings and any evidence which is at variance with the averments in the pleadings goes to no issue…