Questioning the validity of service of a writ of summons and non-service of a writ of summons amounts to a difference without a distinction. It is…

Where the reliefs claimed in the previous suit and the present suit are substantially the same, the subject-matter for adjudication is the same.

By the operation of the doctrine of estoppel per rem judicatam, the parties are precluded from relitigating the very issue that had been finally determined by…

Failure to satisfy any of the conditions for res judicata means failure of the plea in its entirety.

To sustain a plea of res judicata, the party pleading it must satisfy: (1) the parties (or their privies) are the same; (2) the issue and…

Wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess…

Certiorari is a prerogative writ available to the High Court in its supervisory control over an inferior tribunal or court to ensure it does not exceed…

No legislative or executive act is subject to the controlling jurisdiction of certiorari on the ground that it was not an act performed judicially. Certiorari lies…

The process by which a chieftaincy declaration is made is legislative. The declaration has the force of law and qualifies as a subsidiary legislation, since it…

The procedure for selection and appointment of a chief as contained in the declaration is solely for the benefit of the ruling houses whose turn it…

A temporary right of occupancy is a bare licence conferring no legal estate. A statutory right of occupancy is not temporary, confers more extensive rights, and…

Service of process on a person who is not an agent of the party is not proper service. Service on an alleged agent who is not…