Service is a pre-condition to the exercise of jurisdiction by the court. Where there is no service or a procedural fault in service, the subsequent proceedings…

Where a defendant resides outside the jurisdiction and has no place of business within the jurisdiction, service must comply with the rules governing service out of…

Residuary estate in cases of total intestacy includes the entire estate after payment of expenses, debts, and liabilities. The term is not used to distinguish between…

Section 49(5) of the Administration of Estates Law clearly provides that the estate of a person married under the Marriage Ordinance shall be distributed in accordance…

Where there is a conflict between a previous enactment and a later one, the former is deemed impliedly repealed, and the later one prevails.

While marriage and matrimonial causes are within the Exclusive Legislative List, succession is neither in the Exclusive nor Concurrent Legislative List. It is a residual matter…

It is trite law that the court should not grant a relief not sought by the parties. Where averments do not relate to any relief sought,…

The five ways of proving title to land are disjunctive. A party who proves any one of them is entitled to ownership of the land.

It is a misconception that prior consent of the Governor must be sought and obtained before a deed of assignment is executed. In practice, the Governor's…

Equity regards as done that which ought to be done. A party in possession under an agreement for a lease has an equitable interest, which he…

Where the Court of Appeal wrongly evaluates evidence and arrives at a wrong conclusion not borne out by the evidence, the Supreme Court will intervene on…

A party relying on traditional history must plead a continuous chain of devolution without gaps. The history must show how the land, by a system of…