The proliferation of issues for determination in appeals has been discouraged and disapproved in our appellate courts. Issues raised in any appeal must relate to the…

No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision…

The grounds upon which further evidence can be allowed are: (a) the evidence sought to be adduced must be such as could not have with reasonable…

Under Order 1 rule 20(1) of the Court of Appeal Rules, this Court can order an amendment of a Writ, a statement of claim or defence…

Any person who shall write any letter or document at the request, on behalf, or in the name of any illiterate person shall also write on…

In civil cases, the burden of proof is not static; while the burden of proof initially lies on the plaintiff, the proof or rebuttal of issues…

In a claim for declaration of title to land, the onus is on the plaintiff to satisfy the court that he is entitled on the evidence…

The defendant has conceded that the radical title over Anyankana land is in the plaintiff. In these circumstances, the burden shifted on the defendant to prove…

The defendant on whom the onus of proof of due execution lay called only one witness (DW2) out of five persons who witnessed the purported execution…

No instrument shall be pleaded or given in evidence in any court as affecting any land unless the same shall be registered.

Court judgments are only used, when tendered in a trial, to determine and confirm what was actually decided in the case and not to use the…

A party in a civil case is bound by his pleadings: Any evidence called by a party which is contrary to his pleadings goes to no…