The plea of res judicata robs the court of its jurisdiction and by its very nature should be used only as a defence in the statement…

To succeed on a plea of res judicata, the party relying on it must prove that the parties, the issues, and the subject-matter in the previous…

The Supreme Court will not disturb concurrent findings of fact made by lower courts unless a substantial error apparent on the face of the record is…

Evidence of premeditation, such as deliberately loading a gun with intent to use it and making prior threats, is inconsistent with and negates the defence of…

The grant of bail by the Court of Appeal under Section 29(1) of the Court of Appeal Act is discretionary and does not necessarily require that…

A trial court must not proceed to create a fait accompli while an application challenging its jurisdiction or seeking stay of proceedings is pending before a…

Issue estoppel does not apply where the question in the second proceedings is not the same (not eadem quaestio) as that decided in the first proceedings,…

Where a court is not properly constituted having regard to constitutional requirements, all proceedings in the hearing and determination of matters before it are a nullity.

Res judicata does not apply to a claim that constitutes an entirely new issue which has not been previously canvassed in earlier proceedings, even between the…

Where the head of family conveys family land without the consent of principal family members, such transaction is voidable and can be avoided by action instituted…

Every member of a family has an interest in family property and is under a duty to protect such property; therefore, every family member possesses locus…

A court acts beyond its jurisdiction when it grants relief that was not claimed by the parties in their pleadings or process.