Principle Archive

Failure to serve process where service of process is required is a failure which goes to the root of the jurisdiction of the court. Any proceedings…

Service of court process is a precondition to vesting jurisdiction in the court. Where notice of proceedings is required, failure to notify any party is a…

In considering an application to set aside a default judgment, the court must consider: (1) reasons for failure to appear; (2) whether there has been undue…

The trial court having held that the respondent did not prove his special damage for "loss of use and mischief done to the economic trees planted,"…

It is incongruous to make an award for a claim for special damages which had not been proved much less particularised. Such an award is made…

The words "accidental slip" have been judicially considered to mean a clerical mistake in a judgment or order. Such error must be an error in expressing…

Though the court has jurisdiction to raise an issue suo motu, it has not the jurisdiction to resolve the issue suo motu. The court must give…

A single issue should contain or encompass the point raised in one or more grounds of appeal. A number of grounds of appeal may raise a…

The object of a ground of appeal is to apprise the opposite party of the nature of the complaint. Where the complaint is clear and unambiguous…

A developer must satisfy himself with the validity of title to land before erecting a building. Erection on land with defective title can lead to losing…

The doctrine of quic quid plantatur solo solo cedit operates against the appellant.

Until the appellant, his servants and agents went onto the respondent's land and started digging foundation, the respondent's cause of action had not arisen despite the…