Principle Archive

In interpreting statutes or the Constitution, words should be given their ordinary meaning to discover the intention of the lawmaker. Where words are clear and not…

Where a court lacks jurisdiction, any proceedings before it are an exercise in futility. Section 220(2)(a) of the 1979 Constitution precludes the Court of Appeal from…

Constitutional provisions are clear and unambiguous and do not call for additional words before they can be given their ordinary meaning. The Court of Appeal erred…

Under section 220(2)(a) of the 1979 Constitution, there is no right of appeal from a decision of any High Court to the Court of Appeal where…

Issues should not outnumber grounds of appeal. Issues are framed from one or more grounds of appeal, preferably more than one ground. The practice is that…

If a court has no jurisdiction, no amount of successful case made out of fraud can resuscitate or rescue jurisdiction. Lack of jurisdiction is irreparable in…

Under Section 246(3) of the 1999 Constitution, once an election petition is heard and determined by the Election Tribunal and affirmed in a final decision of…

The powers of the Court of Appeal under section 16 of the Court of Appeal Act do not empower that court to raise issues and decide…

It is elementary law that matters admitted in pleadings need no further proof.

The evidential burden shifts to the appellants after the respondents proved that only four plots were allocated to the 1st appellant, under sections 136 and 137…

A reply brief seeks a different relief outside the main brief. A reply brief is a reply to the respondent's brief, not a repair kit to…

The rule as to representative actions was derived from the Court of Chancery for convenience. As a rule originated for convenience, it has been relaxed and…