A state law cannot seek to derogate or circumscribe the provisions of section 236(1) of the 1979 Constitution. Any attempt to do so would be inconsistent…

A party who has failed or neglected to file his brief has not complied with the conditions necessary for hearing of their appeal in court and…

Dismissal for want of prosecution cannot be said to be on the merit; it amounts to no more than an order of striking out under the…

Every court of record has inherent jurisdiction to control its proceedings, including the power to strike out or dismiss proceedings for want of diligent prosecution.

Whilst a simple irregularity may be waived, an irregularity that renders proceedings manifestly incompetent, invalid, incurably defective, and null and void, thereby affecting jurisdiction, may not…

Where a Chief Judge has no power to issue an order of transfer, the order is null and void, and all subsequent proceedings in the transferee…

A court is competent when: (1) properly constituted; (2) the subject matter is within its jurisdiction; and (3) the case is initiated by due process with…

There cannot be a stay of execution of a judgment or order that does not admit of any execution but merely declares a legal status or…

A stay of execution only prevents a plaintiff from putting into motion the machinery of the law. An order for stay pending appeal can only be…

In non-marine insurance, there are no statutory requirements prescribing the form of document to be used; even a parol contract is valid. Any document containing the…

A contract of non-marine insurance is created where there is an unqualified acceptance by one party of an offer made by the other. Once a proposal…

If an insurance agent has authority to receive premium, payment to the agent binds the insurer. The authority need not be express; it may be implied…