Principle Archive

An appellate tribunal is not at liberty merely to substitute its own exercise of discretion for that already exercised by the Judge. It may reverse only…

Where the plaintiff has proved title by traditional history, there is no additional burden to also prove exclusive possession, because the person having title is presumed…

Where a party's traditional history is so intrinsically conflicting that a reasonable tribunal would not place credence on it, there is no room for applying the…

Once pleadings are ordered, filed, and exchanged, parties and courts are bound by them. Evidence must be led in accordance with pleadings. Evidence on unpleaded facts…

A party relying on traditional history must plead his root of title, showing who his ancestors were and how they came to own and possess the…

A court has no vires to grant a relief not sought by the parties.

It is the totality of the evidence that must be evaluated and assessed together. The trial court cannot pick and choose the evidence to be assessed.

Where findings are not supported by the totality of evidence, and the evidence does not entail assessment of witness credibility, the appellate court is in as…

Admission against interest by a party's own witness is relevant and admissible evidence. Where the party does not treat the witness as hostile, the evidence must…

Counsel supplies his expertise to edify the facts with a view to procuring judgment. He cannot supply the facts, which belong exclusively to his client. Counsel…

Oral evidence must bring out the facts as averred in the statement of claim. Without such evidence, the statement of claim remains useless. The oral evidence…

Denial of a landlord's title is a very serious affair. Such denial is treated by the courts as gross misconduct and results automatically in forfeiture.