An appellate court is not justified in substituting its own figure for that awarded by the lower court merely because it would have awarded a different…

An obstruction of a public highway is a public nuisance. A private individual has a right of action only if he can prove particular damage beyond…

Where no prima facie case is made out against a defendant at the close of the plaintiff's case, the claim against that defendant ought to be…

In civil cases, proof is based on the balance of probabilities. The burden of proof rests on the plaintiff who asserts the affirmative, and he must…

The Sharia Court of Appeal has no power to set aside a judgment of a court delivered before the Sharia Court of Appeal was established.

The evidence of two acceptable witnesses adduced by one side shall be preferred to the evidence of one acceptable witness called by the other side.

An appellate court should not ordinarily raise issues suo motu that the parties did not raise; if it does so, no decision should be based on…

By entering an unconditional appearance, a party submits to the jurisdiction of the court and waives any procedural irregularity such as the manner of service, as…

Once the writ or third party notice is validly issued, any defect in service becomes a mere irregularity which can be cured or waived.

The main object of third party procedure is to prevent multiplicity of actions and prevent the same issues being decided upon in two different proceedings.

Jurisdiction challenged on procedural law can be waived, but jurisdiction challenged as a matter of substantive law cannot be waived.

While domestic forums for settlement of chieftaincy disputes may exist, an aggrieved person should be free to decide if and when he should go there; mandatory…