What is important in a ground of appeal is whether it shows clearly what is complained of as error in law and what is complained of…

Courts of law are not established to deal with hypothetical and academic questions; rather, they are established to deal with matters in difference between the parties.

It is not enough to prove that a person by a certain name has been convicted. For this to be relevant, that person must specifically be…

A document may be inadmissible, but the parties can consent to its admission. Once this happens, none of the parties will be allowed to resile from…

There is a distinction between an order a court is not competent to make (lack of jurisdiction) and an order that, even if erroneous, is within…

Where parties consent to a particular issue being determined as a preliminary issue, they are bound by that approach and cannot later resile from it. The…

An appellate court may take points suo motu in exceptional circumstances, but this discretion must be exercised sparingly. Where points are so taken, the parties must…

The Supreme Court cannot function outside its normal constitutional role as an appellate court. Issues not raised, or if raised not decided by the trial court,…

"Miscarriage of justice" simply means a failure of justice. What constitutes miscarriage of justice varies from case to case. It does not require a finding that…

Where a power of attorney is donated to certain persons, it overrides the right of any individual family member. The power to deal with the land,…

Once the findings of the two courts below are reasonably justified by the evidence and no error in law leading to a miscarriage of justice has…

The onus lies on an appellant to show that there are special circumstances to warrant interference by the Supreme Court with concurrent findings of fact of…