Principle Archive

Every writ for service outside the state whose High Court is issuing it must carry the endorsement set out in the section. Only then can it…

Service of originating process is a condition precedent to the exercise of jurisdiction. Failure to serve is a fundamental flaw, and a person affected by an…

The validity of originating processes is fundamental. Failure to commence proceedings with a valid writ goes to the root of the case and any order emanating…

For lis pendens to apply, the party must prove: (1) the suit seeks to recover or assert title to specific property; (2) the property is real…

A declaratory relief is declaratory of a named matter. It ends at the court's declaration and does not pass property to the plaintiff. A declaratory relief…

Instituting a fresh suit while a motion for the same relief is pending is an abuse of court process and should be dismissed.

A judge has the right to use particular words or phrases germane to his evaluation of the facts. A judge can only be accused of raising…

An appellate court is bound by the record of appeal and cannot raise issues suo motu. If it raises an issue suo motu, parties must be…

Every invasion of private property, be it ever so minute, is a trespass.

Trespass is actionable at the suit of the person in possession of the land. The slightest possession enables the plaintiff to maintain an action for trespass…

Where two persons claim to be in possession of land, the law ascribes possession to the one with a better title.

Where there are concurrent findings, unless they are perverse, reached by wrong approach to evidence, or based on wrong principle of law or procedure, the court…