Principle Archive

Where traditional evidence of parties in a land matter is in conflict or inconclusive, the court should not go by the credibility of witnesses, but should…

A person who is not the proven owner or occupier of land in respect of which notice of acquisition/revocation was issued has no locus standi in…

Before considering the admissibility of any evidence or document in support of a party's case, it must be shown that the evidence sought to be led…

Where pleadings raise the issue of who the original owners of the lands were, the plaintiffs have a very heavy burden to discharge, and they can…

There are five ways of establishing ownership of land: (a) traditional evidence; (b) acts of ownership extending over sufficient length of time; (c) long possession and…

Exclusive possession of land confers the right to remain in possession and to undisputed argument of the land against every other person except one who can…

Where evidence given by a party was not challenged by the opposite party who had the opportunity to do so, it is always open to the…

A court can properly accept and rely upon any evidence before it which is unchallenged and uncontroverted provided that it is relevant to the issues before…

A statement of claim supersedes a writ of summons, and where whatever is in the writ of summons is excluded in a statement of claim, it…

A cause of action arises from circumstances containing different facts that give rise to a claim enforceable in court, leading to the right to sue a…

Findings of the lower court, more so when they are concurrent ones, will not be disturbed unless they are perverse and are not supported by unchallenged…

Under section 36(2), where a grant is obscure or made many years back (as much as the 19th century), the holder acquires by continued use the…