Principle Archive

"I agree with the appellant's counsel that the learned Judge based his decision on grounds other than any specified in the statement accompanying the application. This…

A good trial court judgment must contain: (1) issues to be decided; (2) essential facts and evidence of each party; (3) resolution of issues of fact…

Once a judgment satisfies the required standard and contains the needed elements, an appellate court cannot interfere with such judgment merely because the writer could have…

Where there has been no leave sought and obtained by the appellant to argue a new issue and there are no special circumstances disclosed to warrant…

Both the trial court and the Court of Appeal were correct in finding that the land in dispute belongs to the respondents. This constitutes concurrent findings…

Generally, an issue not raised in the court below should not be raised on appeal. But if the issue is fundamental, the appeal court may give…

It is trite law that pleadings alone do not constitute any evidence at all in a case.

When a party gives evidence in conflict with pleaded facts and asks the court to strike out the case, the court should dismiss it. However, not…

An admission in pleading binds a party making it, and facts admitted need no proof.

The evidence elicited from the plaintiff's evidence must so preponderate in favour of the claims that the court should on balance decide in his favour. The…

For res judicata to operate as estoppel, the case must have been adjudicated between the parties on its merits with a final judgment. A mere striking…

Where it was not shown that the parties in the previous suit were the same as in the present case, or that the real questions in…