Principle Archive

Failure to appeal against a decision of the trial court means that decision remains binding and conclusive between the parties.

An appellant challenging a specific finding of court must raise a specific ground of appeal thereon. An omnibus ground cannot cover that issue.

A plaintiff need not prove all five ways to succeed in an action for title to land. He can succeed by proving even one way. The…

In a claim for declaration of title, the onus is on the plaintiff to prove title to a defined area. This burden is firm and constant,…

Not every document admitted must be assigned probative value. A document may be admitted on grounds of relevancy, but the court may not attach any weight…

Section 111 of the Evidence Act requires certification of public documents by a certificate at the foot of a copy that it is a true copy.…

If both competing deeds are registered, each takes effect as against the other from the date of registration. The benefit of earlier registration is preserved.

Having referred the matter to the police and caused the respondent to be charged, the appellant was bound to wait for the outcome of the trial.…

A counter-claim is a substantive action which must be proved to the satisfaction of the court for a counter-claimant to be entitled to judgment.

The dismissal of the respondent's claims did not automatically declare the appellants as the owners of the land in dispute. A counter-claim would have been required…

The defence of estoppel by res judicata cannot succeed unless it is shown that the parties, issues, and the subject matter were the same in the…

The Supreme Court does not interfere with concurrent findings except where special reasons are shown, such as substantial error on the face of the record, decision…