Principle Archive

There is no single invariable manner of pleading mitigation of damages. The facts raised may put failure to mitigate in issue without using the word "mitigation".…

In a claim for declaration of title, the plaintiff must succeed on the strength of its own case (evidence) and not on the weakness of the…

For a declaration of ownership or title to land, a groundwork of how the land came into the ownership or possession of the claimants' predecessors must…

Facts are the bedrock—the fountainhead of law. The court applies law by scrutinising all pleaded facts and elicited evidence to determine which party's case preponderates. Facts…

The law frowns on one party trying to overreach the other by springing a surprise. Evidence elicited on facts not averred in the pleadings goes to…

The court should hear all sides, compare evidence weight, make proper appraisal before determining preponderance. A method of high handedness, judicial rashness, or machiavellianism—where the end…

Argument on an interlocutory appeal not based on issues formulated from grounds of appeal is incompetent and must be discountenanced. Appellants who fail or neglect to…

Arguments on appeal should be based on issues formulated and not on grounds of appeal. Since the introduction of brief writing, appellate courts have held that…

Fair hearing principles can only apply where a party has a right to be heard on a court process. If a party has no right to…

Parties are bound by their pleadings, and that should have guided the appellant in the pursuit of his case. Having not pleaded such facts to enable…

The persons who may be proposed as candidates by a ruling house entitled to fill the vacancy shall be: (a) members of the ruling house of…

As issues were formulated from grounds of appeal which were struck out, the Court of Appeal was right in striking out the issues. One cannot add…