Principle Archive

The consequence of an exemption clause on a fundamental breach is a matter of contract interpretation: whether the clause was intended to exempt from fundamental breach.…

There is a concurrent finding of the two lower courts in that respect and there is nothing to show that the findings are perverse. It is…

The rights which the plaintiff sought to assert belonged to the villages of Ndegbelu and Amuzi. The trial court overlooked that the plaintiff did not bring…

No substantial point of law not taken in the court below will be allowed to be raised for the first time before the Supreme Court except…

On a claim based on a statutory certificate of occupancy which confers exclusive possession, the respondent need do no more than produce and tender the statutory…

The right to sue in chieftaincy matters may arise in two ways: (i) the plaintiff may assert the family's hereditary interest through representatives, clearly pleading it…

The Supreme Court does not interfere with concurrent findings of fact made by the two courts below unless they are not justified by the evidence and…

Entries not subject to oral evidence or examined in court cannot be real evidence. The defect cannot be cured by the judge's examination of documents outside…

The record of proceedings not having been formally impeached, it is not open to this court to speculate that other things happened in the court of…

Once a statement of claim is filed, the writ of summons is no longer relevant. What was omitted from the writ can be inserted into the…

Stating that he is a native of a village is not enough, and that he has direct personal interest as a candidate for the stool. He…

Even where the evidence is unchallenged and uncontradicted, the trial court has a duty to evaluate it and be satisfied that it is credible and sufficient…