The preconditions for a valid customary arbitration are: (1) voluntary submission of the dispute to arbitration; (2) agreement that the decision will be final and binding;…

Each traditional history may be likened to a package. The court, having complied with the law, is entitled to accept one package or the other. It…

A distinction must be drawn between primary facts (witnesses' own observations) and traditional history (handed down from forefathers). For primary facts, demeanour is relevant. For traditional…

Where there is a conflict of traditional history, both sides may be honest but mistaken. Demeanour is little guide to truth. The best way is to…

Traditional evidence is conclusive where the party traces and proves his title directly to the original owner whose title has been established. Where unable to trace…

Where a trial court fails to make findings on material issues or approaches evidence wrongly, the appellate court will have no alternative but to allow the…

The Constitution by providing a minimum number of judges does not invalidate any existing law that provides for two or more. For an appeal to the…

An interlocutory application for leave to appeal to the Court of Appeal must be distinguished from an interlocutory application for an appeal to be heard by…

An application for leave to appeal from a High Court sitting in its appellate jurisdiction to the Court of Appeal is a Federal matter; State rules…

Rule 2 of the High Court (Interlocutory Applications in Appellate Matters) Rules, 1956, which provides for interlocutory applications for appeals to be heard by the High…

A person may be granted damages for trespass and an injunctive relief even without proof of ownership; mere exclusive possession is enough. A person in possession…

When a radical title is not agreed by the parties as common to them, a party seeking a declaration of title who has pleaded and traced…