Conflicting traditional evidence is not resolved by demeanour of witnesses but by testing each version by reference to recent facts as established by evidence, and seeing…

Where a trial judge resolves acts of ownership in favour of a party, that is sufficient for the party to succeed on title, even if he…

A trial judge has a duty to resolve conflicting traditional histories, but failure to do so is not fatal where the plaintiff succeeds on another method…

A party claiming declaration of title need not plead and prove more than one of the five methods of proving ownership; proof of one single root…

Failure to consider all issues raised does not automatically nullify proceedings; the result depends on whether miscarriage of justice is occasioned, unlike denial of fair hearing…

The police have discretion whether to investigate an allegation; their duty is not ministerial but discretionary, based on factors such as nature of offence, resources, time,…

A person protected under Section 308 of the 1999 Constitution can be investigated by the police for an alleged crime; to hold otherwise would create a…

The word 'otherwise' in Section 308(1)(b) of the 1999 Constitution refers to any lawful process or command having the same effect as a process of court,…

Criminal proceedings do not include police investigation; investigation is not criminal proceedings, and the immunity provision does not bar investigation of a protected person.

There cannot be a proper case for mandamus if an essential ingredient forming the background to the public duty is not supported by evidence; absence of…

An applicant for mandamus must have a specific legal right to enforce or a sufficient legal interest, more substantial than the general interests of other members…

Mandamus is a high prerogative writ to secure performance of a public duty; it is discretionary, and the court may refuse it if it would serve…