Principle Archive

Where the law provides for bringing an action within a prescribed period, proceedings shall not be brought after the time prescribed. An action brought outside the…

An interim injunction is a temporary form of injunction lasting for a very short period. When the trial court dismissed the suit, the ex parte order…

Where the ground raises an issue of law based on accepted undisputed or admitted facts as found by the court below, it is a ground of…

It is settled law that where two competing parties claim to be in possession of land in dispute in a case, the law ascribes possession to…

Where the parties, by the evidence adduced both oral and documentary, are ad idem on the identity of the land in dispute, the fact that different…

In civil cases, the onus of proof is not as fixed as in criminal cases. The general burden lies on the plaintiff but is not static.…

When a plaintiff has been found not to have standing to sue, the question whether other issues were properly decided does not arise because the trial…

It is a well established principle of law that where parties have reduced their agreement into a written document, subject to some exceptions, oral evidence will…

The expression 'fundamental breach' is used to denote a performance totally different from that which the contract contemplated or a breach of contract more serious than…

Concurrent findings of fact should not be disturbed by this court unless there are cogent and compelling reasons. Findings that are very defective and perverse, and…

A party is not permitted on appeal to change the case he had made at the trial court, since an appeal is simply the continuation of…

A limitation clause which limits liability to a ridiculous amount is as good as a clause exempting from liability. In my view, a limitation clause is…