It is trite that an appellate court will not allow a fresh issue on appeal to be taken without leave as it has not been pronounced…

It is trite that courts would not visit the blunders, mistake and inadvertence of counsel on the litigant or penalize a litigant for the mistake of…

A judgment or ruling on the merits is one obtained where the case has been argued and the court has decided which party is in the…

Any defect in competence is fatal as the proceedings are nullity however well conducted and decided, the defect is extrinsic to adjudication.

A court is competent only when:- (a) It is properly constituted as regards numbers and qualification of the members of the bench, and no member is…

Any party seeking the discretionary power of court must bring his case within the provisions of the Rules on which he purported to make his application.…

The fact that a party was in court on the day a matter is slated to come up is not necessarily a confirmation that the other…

Service of process on a party is so fundamental that absence of it may affect the jurisdiction of a court and render a court's proceeding a…

It is settled law that every material fact, evidence or document tendered in the proceeding at the High Court and relevant to the determination of the…

I entirely agree with the learned trial judge that the failure of DW2 the 2nd Respondent to see the oncoming vehicle of PW1 the Appellant to…

Having regard to the theory outlined in Binghams Motor claims relied upon by the Court below, a vehicle that is driven at 60 miles (100 kilometers)…

It is not the function of an appellate court to substitute its own views of the evidence for those found by the trial court. However, an…