The burden of proof of title to land is on the party who asserts or claims that title. Where a plaintiff claims title to land, the…

A customary arbitration does not qualify as a court of law within the Constitution. Concurrent findings must be those of two courts of law. Decisions of…

Under customary pledge, the pledgee goes into possession and has the right to put the land to productive use. However, the pledge is perpetually redeemable, and…

Trespass is a violation of possessory right and does not involve title to land. A person in exclusive possession wrongly dispossessed is entitled to recover possession…

Where in an action for trespass the issue of title is raised, to succeed, a plaintiff must be able to show a better title to be…

The registered declaration is the admissible evidence of the customary law and is conclusive so long as it remains the subsisting declaration. Such a declaration having…

A Chieftaincy Declaration made under the Chiefs' Law, 1978 is the customary law in force in the area which it covers. By section 11(2) of the…

It is not enough merely to assert that he has a good defence to the action without giving full details of the actual defence he intends…

A court of equity must be fully apprised of facts relevant for the exercise of its discretion; otherwise, it will be in breach of the principles…

A defendant in an undefended list proceeding must show in his affidavit not only that he intends to defend the action but also discloses his defence…

To set aside a summary procedure judgment, the defendant must show by affidavit which must condescend upon particulars, a clearly and concisely stated defence, and the…

The application must not only be supported by an affidavit but also by the proposed defence to the suit filed in undefended cause list. Merely stating…