Two classes of undue influence exist: (1) where influence was expressly used by the donee; (2) where relations raise a presumption of influence. In the first…

Undue influence is a state of mind where a person is subdued by improper persuasion or machination, overpowered, and induced to do an act against his…

A pleading that a defendant is not in a position to admit or deny may be taken as an admission of the facts contained therein, or…

An appellate court is not bound to consider the appeal before it as a trial court. Its duty is to determine whether the trial court considered…

A counter-claim does not automatically succeed merely because a reply was not filed. A counter-claim, like the main claim, must be proved on the balance of…

A reply to a counter-claim becomes necessary only if the counter-claim raises a fresh or new issue. Where the issues raised are already covered by the…

The discretion of whose case to start with is that of the judge, trial or appellate. It depends on the state of pleadings and particular facts.…

The provisions of Section 33(3) of the 1979 Constitution are fundamental and must be strictly adhered to by all courts. Giving judgment in chambers instead of…

The constitutional provision requiring judgment to be delivered in open court is all-embracing. Any law inconsistent with such provision is null and void. No excuse should…

When a ground of appeal is couched in language that lacks elegance and flowing prose, making it difficult to be understood, it has a hallmark of…

The presumption of the genuineness of a court's record is not absolute. It can be rebutted by facts showing that what is contained in the record…

A finding that finally settles an issue without further reference to the court is a final decision. If the court orders something to be done according…