Principle Archive

It is a well-established principle of pleadings that there is no issue between parties in respect of matters expressly admitted on the pleadings and therefore no…

The leave granted by this court covers all the ten grounds of appeal and not confined to specific grounds only. The appellants were therefore in order…

Once a defendant claims to be the owner of the land in dispute, title to it is put in issue, and in order to succeed, the…

The origin or root of title of such a grantor must not only be clearly averred in the pleadings, it must also be proved by evidence.

In a claim for declaration of title, the onus is on the plaintiff to prove his case. He must rely on the strength of his own…

In civil proceedings, parties are bound by their pleadings and any evidence which is at variance with the averments in the pleadings goes to no issue…

It is not within the province and competence of a Judge to evolve a case for the parties.

Such a document as exhibit 8, unsigned as it was, is incapable of establishing the fact that the 2nd defendant took over the assets and liability…

Before section 72 of CAMA could apply, there must be evidence of ratification by the new company of contracts made before its formation. In this case,…

It is not every error committed by a trial court that will lead to a reversal of its judgment by an appellate court. An error that…

It is the law generally that a court not being a charitable institution would not grant to a party reliefs not claimed from court.

Framing a ground of appeal as a misdirection in law or an error in law and on the facts does not ipso facto make the ground…