The main purpose of the formulation of issues for determination is to enable the parties to narrow the issue or issues in controversy in the grounds…

The pronouncements made by the two courts below on who is or is not entitled as beneficiary to the estate is completely outside the purview of…

The purpose of the summons was not to determine who was the widow or who were entitled as beneficiaries to a share in the estate. Unfortunately…

The conclusion I arrive at then is that this appeal is completely futile... This appeal therefore, is of no merit and I unhesitatingly dismiss it.

It is to be noted that these provisions are concerned with the registration of a foreign judgment, while the issue before us and indeed before the…

Where the appellant's case is plagued by inconsistencies or contradictions, there is no obligation, in such circumstances, on the court seized of the matter to arrange…

The court below was concerned with the intrinsic contradictions in the affidavits filed by the appellant in support of his application and not the contradictions apparent…

In its ordinary dictionary meaning the word 'consequential' means 'following as a result, or inference; following or resulting indirectly.' See the Concise Oxford Dictionary 5th Edition,…

The principle has long crystalised that a stay of execution can only be granted upon the applicant showing that there exist special or exceptional or strong…

It is not a relief that is granted as a matter of course, being essentially an equitable remedy that must take into consideration the right of…

It is the balance of convenience that tilts the scale always in determining whether to grant a stay. The court below was not satisfied with the…

The basic principle for grant of stay of execution has been laid down by this Court in a long line of authorities including the cases of…