Principle Archive

Although the terms "special" and "general" damages are not appropriate in an action for breach of contract, there are special circumstances where parties make contracts and…

A close examination of the additional jurisdiction conferred on the Federal High Court under the 1979 Constitution shows that the court was not conferred with jurisdiction…

Where parties have embodied the terms of their contract in a written document, extrinsic evidence is not admissible to add to, vary, subtract from or contradict…

Though sometimes necessary to hear evidence first to determine jurisdiction, where determination is based on pleadings, the law is that it is determined on the plaintiff's…

It is settled law that jurisdiction of a court is determined by the plaintiff's claim as endorsed in the writ of summons and statement of claim.…

Where parties have reduced their transaction in writing, oral or extrinsic evidence is not admissible to add to, vary, subtract from or contradict the written terms…

It is always not the business of the court to make a contract for the parties before it or to re-write the one already made by…

To result in invalidation of the lower court's decision, the error must be substantial and formed the basis of the decision and resulted in a miscarriage…

It is elementary law that parties are bound by the record of appeal and an appellate court has no jurisdiction to go outside the record in…

Ordinarily a master is entitled to dismiss his servant for good or bad reasons or for no reason at all. Termination of a contract of service…

To sustain a plea of res judicata, the party must satisfy: (1) The parties (or their privies) are the same in both cases; (2) The issue…

A party raising a plea of estoppel per rem judicatam urges the court not to consider the issues anew, having been previously adjudicated by a competent…