Principle Archive

A plaintiff may adopt one or more ways of proving ownership, such as traditional evidence or acts of ownership or possession. One or two methods may…

It is not necessary to bring an application for stay of execution where lis pendens applies. The mere existence of an appeal prevents the effective transfer…

Where traditional evidence is not contradicted or in conflict, it can support a claim for declaration of title.

A cause of action in conversion is based on an unequivocal act of ownership by a defendant of goods of the plaintiff without any authority or…

Lis pendens applies by operation of law, independent of the parties' will, regardless of whether the immediate parties had notice of the appeal. Even a person…

The mere existence of an appeal prevents the effective transfer of rights in any property that is the subject matter of an action pending in court.…

Section 63(3) of CAMA provides that, except as otherwise provided in the company's articles, the business of the company shall be managed by the board of…

Once the main claim or relief succeeds, there is no need to consider or grant an alternative relief.

A board resolution passed before the act complained of sufficiently authorises the institution of an action. An argument that the resolution could not authorise a suit…

It is the duty of the trial court, or all courts, when dealing with interlocutory matters, to avoid making statements giving the impression that it has…

Unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts…

An action in detinue requires two acts: the plaintiff must make a formal demand, and the defendant must refuse to return the goods. An action cannot…