A proviso cannot enlarge or contract the scope of a clear enactment. It may guide selection between two possible constructions when doubt exists. But it cannot…

A provision ousting court jurisdiction shall be narrowly and strictly construed, unless it clearly and unambiguously states otherwise. It shall also not be made to apply…

Being an ouster clause, the provision must be construed strictly, and very strictly too. Ouster clauses must not be construed liberally, or loosely, or wantonly.

If a defendant is pronounced a trustee of shares, he remains the registered legal owner while the plaintiffs become the beneficial owners only. That is what…

A constructive trust is imposed by equity on the ground of conscience and is not based on the prior or presumed intention of the parties. The…

Statutes which encroach on the rights of the subject, whether as regards person or property, are subject to strict construction as with Penal Acts. They should…

The proviso to section 251(1)(d) of the Constitution under which both the Federal High Court and State High Court exercise concurrent jurisdiction will not apply where…

The expression 'connecting with or pertaining to banking' imports transactions on matters that relate to, show affinity with, intertwine with, or have interrelationship with banking. Even…

Where the respondent based her action on the tort of negligence, which imports a duty of care, and the respondent is not a customer, the nature…

Like many other beings, a banker is easier to recognize than to define. In case of doubt, it is permissible to look at the reputation of…

A plaintiff seeking a declaration of title has the initial and primary burden of proving clearly the precise area claimed. But this burden will not exist…

Another way and perhaps a better way of proving the identity and extent of the land claimed is by the plaintiff filing a survey plan reflecting…