Rules of court must prima facie be obeyed. However, not every irregularity or non-compliance with rules of court will nullify entire proceedings. Non-compliance generally does not…

An application to set aside for irregularity must be made within a reasonable time and before the party has taken fresh steps after becoming aware of…

It is now firmly settled that a breach of a rule of practice can only render a proceeding an irregularity and not a nullity.

The term "irregularity" in respect of procedures denotes something not fundamentally tainting a proceeding as to render it invalid or a nullity; it is curable.

There are five ways to prove ownership of land. A party is not expected to plead and prove more than one way; proof of one is…

Where both parties trace title to the same person, the plaintiff is not required to prove the grantor's title as that is inferentially admitted. The court…

Where there is no evidence to put on one side of the imaginary scale in a civil case, minimum evidence on the other side satisfies the…

In a claim for declaration of title, the plaintiff must establish his claim by preponderance of evidence, showing better title than the defendant. The standard of…

By virtue of section 57 (interpretation section), both the State High Court and the Federal High Court have jurisdiction to appoint an arbitrator.

The duty of an arbitrator chosen by agreement of the parties is to settle any dispute between the parties. A receiver on the other hand is…

A confessional statement made voluntarily by an accused person, even if subsequently retracted, is sufficient to sustain a conviction.

By section 4(3) of the Oaths Act, failure to administer oath on a witness before giving evidence is a mere irregularity which does not affect the…