Where an applicant is in continuing disobedience of a court order and has no intention of complying, it is improper for the court to grant a…

A previous inconsistent statement cannot be used to discredit a witness unless it is shown to the witness and used in cross-examination, as required by sections…

On a plea of alibi, the court should not disregard the evidence unless there is stronger evidence against it. The onus of disproving alibi rests on…

Where the alibi of two co-accused is inseparable, they must sink or swim together. If one is acquitted on alibi, the other must also be acquitted.

Where a trial court disbelieves the evidence of a witness and discharges one accused due to doubt, an appellate court cannot use the same discredited evidence…

Incidental or collateral findings, not raised by the parties on the pleadings or canvassed at trial, cannot sustain res judicata or issue estoppel.

Issues are joined on pleadings, not on plans. One cannot conclude from a plan alone what issues were in dispute without examining the pleadings.

Issue estoppel bars relitigation of an issue that has been isolated, raised, and finally determined in a previous proceeding. The finding must be direct, not collateral…

For res judicata to succeed, the land in dispute must either be the same as the land in the previous case or a part of it.…

If a seller does not have title to the property, he cannot pass any title to the buyer, under the maxim nemo dat quod non habet.…

It is well settled that any member of a family has capacity to sue to protect family property. The action is properly constituted if the plaintiff…

Where a customary court acts in good faith, listens fairly to both sides, and gives fair opportunity to present their case, it cannot be accused of…