Only natural persons and juristic or artificial persons such as body corporate are competent to sue or be sued. Where either party is not a legal…

The principle of fair hearing is fundamental to all court procedure and proceedings, and like jurisdiction, the absence of it vitiates proceedings however well conducted.

Fair hearing envisages that both parties be given an opportunity to present their respective cases without let or hindrance from beginning to end. It also envisages…

The proper procedure in a trial requires that he who alleges as the plaintiff must be permitted to close his case before the defendant is required…

The proper course is to allow the plaintiff to call the whole of his evidence before deciding any issues of fact. The party beginning should be…

For an appellate court to interfere with the exercise of discretionary power vested in the courts below, it must be shown how that power was wrongly…

Adjournments are not obtained as a matter of course. They may be granted or refused at the discretion of the court. The exercise of such discretion,…

A party shall specifically plead any matter such as illegality which, if not specifically pleaded, might take the opposite party by surprise. Where both parties agree…

A court should not and cannot make a case for the parties different from what they set out in their pleadings. It is not open to…

Where the words of an instrument are free from ambiguity, and circumstances have not created doubt as to proper application, the instrument is to be construed…

Where the evidence adduced before the trial court is documentary and not based on the demeanour or credibility of witnesses, the appellate court is in as…

In an action for declaration of title to land, a plaintiff can only succeed on the strength of his own case and may not rely on…