A plaintiff is bound by the case he put forward in his pleadings. Any evidence which is at variance with the averment of the pleadings goes…

A claim in trespass is not dependent on proof of title to land. A plaintiff who fails to prove title may not necessarily fail. If he…

If the subject-matter is within the jurisdiction of the court, failure of the plaintiff to serve the pre-action notice on the defendant gives the defendant a…

Where traditional histories given by both sides are plausible but conflicting, the court cannot simply prefer one side. To determine which history is more probable, courts…

Where a party relies on traditional history, and in addition acts of ownership and long possession predicated on that traditional history as pleaded, he is not…

Every point in controversy is loosely an issue, but for brief purposes, an issue is one so crucial that deciding it in a party's favour entitles…

Both parties laid claim to ownership of land, relying on traditional history, acts of ownership, and long possession. A party seeking a declaration of title is…

Where a respondent has not filed a cross-appeal, the appellate court's role is limited to seeing whether the decision of the court below is correct. Such…

A defendant could waive the necessity for pre-action notice or demand. If the defendant did not raise non-service, the case would proceed to trial. Where there…

It is the practice that a fresh issue cannot be entertained on appeal without the leave of this court. No such leave was sought and granted,…

Where a trial court unquestionably evaluates evidence and appraises facts, it is not the business of an appellate court to substitute its own views. If there…

The requirement of the provisions is mandatory, hence the use of the words: "No action shall be commenced..." A demand made from a bailiff at the…