Principle Archive

The basis of liability ascribed to the bank is in tort of negligence, not absolute liability. The question is whether the bank exercised due care and…

Where relevant, admissible, and credible evidence stands unchallenged and uncontradicted, the court has no alternative but to accept it and act on it to establish or…

A court must admit and act only on admissible evidence. If a court inadvertently admits inadmissible evidence, it is duty bound not to act upon it.…

The Supreme Court will not lightly intervene to set aside concurrent findings of the court below. For intervention to occur, the appellant must show that the…

A court should not rely on a conviction in another court to come to its own conclusion in a civil trial between parties other than those…

Where a defendant fails to give evidence at trial, his statement of defence is deemed abandoned. Pleadings cannot speak; they speak through witnesses. Without witnesses, pleadings…

The claim for trespass is not dependent on the success of a claim for declaration of title. Both are quite separate and independent of each other.

A plaintiff can succeed in trespass and injunction even where his title claim fails, so long as he establishes actual possession and that the defendant has…

A plaintiff who seeks a declaratory relief must show that he has an interest or right which forms the foundation for that right. The plaintiff must…

Where the foundation of a claim is anchored on appointment by kingmakers, the party must call the kingmakers to testify on the appointment. Failure to call…

Where proof on traditional evidence fails or is defective, in a claim for title to land, a court is entitled to consider or have recourse to…

Proofs of title by traditional history and acts of ownership are separate and parallel methods. A plaintiff may rely solely on traditional history or on both…