Principle Archive

It is not in consonance with the law to say that in every case where evidence is unchallenged, judgment must be given for the plaintiff. Unchallenged…

Even if evidence is unchallenged, the trial Judge is still expected to examine whether the unchallenged evidence was sufficient to establish the claims made by the…

A claim for detinue can succeed only if the plaintiff has established ownership in the goods, the subject matter of the alleged contract.

Where a party has been accorded a reasonable opportunity to be heard and fails or neglects to attend or boycotts the sitting without satisfactory explanation, that…

Averments in a pleading do not amount to evidence, which a court could rely upon.

Where a party deliberately refuses to obey a court order to file a defence, the court is entirely justified in granting judgment. Such disobedience would render…

Where a maker denies signature, the court may: (i) receive evidence from the attesting magistrate; (ii) hear evidence from a person familiar with the signature or…

Where a defendant raises a defence that the plaintiff's action is statute-barred and the defence is sustained, the proper order for the trial court is dismissal…

It is not correct to say that the identity of the land in question was not defined. It was properly defined and understood and known by…

Where an action is statute-barred, a plaintiff loses the right to enforce the cause of action by judicial process because the prescribed period has elapsed. Legal…

Where words of a statute are clear and unambiguous, courts must give them their natural, literal, and ordinary meaning, unless doing so would produce gross and…

Where a transaction is entirely within the statutory duties of a public authority, it comes squarely within section 72(1) of the enabling Decree, and the action…