Principle Archive

Both parties laid claim to ownership of land, relying on traditional history, acts of ownership, and long possession. A party seeking a declaration of title is…

Where a respondent has not filed a cross-appeal, the appellate court's role is limited to seeing whether the decision of the court below is correct. Such…

A defendant could waive the necessity for pre-action notice or demand. If the defendant did not raise non-service, the case would proceed to trial. Where there…

It is the practice that a fresh issue cannot be entertained on appeal without the leave of this court. No such leave was sought and granted,…

Where a trial court unquestionably evaluates evidence and appraises facts, it is not the business of an appellate court to substitute its own views. If there…

The requirement of the provisions is mandatory, hence the use of the words: "No action shall be commenced..." A demand made from a bailiff at the…

A judge in a litigation involving a claim for damages must, as much as possible, tailor the amount he awards to the amount of damages claimed.

Where jurisdiction is apparent from the writ and statement of claim, a defendant can only determine the case in limine by application under the rules. Where…

Any person accused of a criminal offence must be tried in a court of law recognised for that purpose in the constitution. The LPDC has no…

It is not the charge forwarded to the respondent that gives it jurisdiction to try a legal practitioner against whom a complaint is made, but section…

The word "charges" under the rule does not mean formal charges in a criminal trial before a criminal court. Although proceedings are adversary, they are not…

It is settled law that issue of jurisdiction can be raised at any stage. It can, in fact, be raised for the first time at the…