Where a plaintiff and his witness irrefutably challenge the validity of their own claim and thereby destroy it, the trial court has a duty to consider…

A judge's refusal to fix a date for hearing an application or to decline to hear an application duly filed amounts to a deliberate refusal to…

Jurisdiction is the body and soul of every judicial proceeding. Without it, all subsequent proceedings are fruitless, futile, and a nullity. The issue of jurisdiction is…

When a court's jurisdiction is challenged, the court must settle that issue one way or another first before proceeding to hear the case on the merits.

When an objection to jurisdiction is raised, it must be resolved first before proceeding to hear the case on the merits.

It is settled law and mandatory that a court must make a decision and pronounce on every application before it. Failure to do so is a…

A court cannot set aside a judgment that is already on appeal to the Court of Appeal, as that would tantamount to taking the shine off…

Counsel must argue his client's case convincingly and assist the court with authorities. Counsel should not surprise his opponent by failing to cite authorities and relying…

There is abuse of process when a party improperly uses judicial process to irritate and annoy his opponent, such as instituting a multiplicity of actions on…

Abuse of process is a proceeding wanting in bona fide, frivolous, vexatious, or oppressive. It also means abuse of legal procedure or improper use of legal…

Where a party duplicates a court process, the more current one which results in the duplication is regarded as an abuse of the court process.

Where a conveyance is made in professed exercise of the power of sale, the purchaser's title shall not be impeached on the ground that no case…