When communal ownership of land is established or known to exist, it must be presumed to remain the customary practice, particularly throughout the coast of West…

An individual or family or quarter in a community laying claim to the ownership of any portion of communal land must discharge the onus of proving…

If the conclusion reached by the court below is correct, that cannot be affected by the fact that it was arrived at on insufficient or even…

A court can exercise jurisdiction only over parties before it and strictly in respect of the case between them. It cannot make pronouncements concerning persons who…

Concurrent findings of the two lower courts will not be interfered with unless there is a compelling reason to do so.

A trial judge has a mandatory duty to make findings of fact on rival conflicting traditional evidence adduced before him. He cannot shy away from that…

To succeed on a plea of res judicata, the party must prove that the parties, issues, and subject matter in the previous litigation were the same.…

The procedure is totally covered by the provisions of section 32(1)(c) of the 1979 Constitution because what was done at that stage was that the court…

When an employee complains of wrongful termination, he has the onus of placing before the court the terms of the contract before proving how those terms…

The court must, in construing the relationship of the parties in any contract, confine itself to the plain words and meaning derived from the provisions containing…

Only the judgment given by a court can be relied upon as conclusive proof of the matters decided between parties to a case, under section 54…

Under the guideline on sharing of assets and liabilities between states, projects sited in each state vest in the state where the project is situate. That…