Principle Archive

Certiorari is a prerogative writ available to the High Court in its supervisory control over an inferior tribunal or court to ensure it does not exceed…

No legislative or executive act is subject to the controlling jurisdiction of certiorari on the ground that it was not an act performed judicially. Certiorari lies…

The process by which a chieftaincy declaration is made is legislative. The declaration has the force of law and qualifies as a subsidiary legislation, since it…

The procedure for selection and appointment of a chief as contained in the declaration is solely for the benefit of the ruling houses whose turn it…

A temporary right of occupancy is a bare licence conferring no legal estate. A statutory right of occupancy is not temporary, confers more extensive rights, and…

Service of process on a person who is not an agent of the party is not proper service. Service on an alleged agent who is not…

Service is a pre-condition to the exercise of jurisdiction by the court. Where there is no service or a procedural fault in service, the subsequent proceedings…

Where a defendant resides outside the jurisdiction and has no place of business within the jurisdiction, service must comply with the rules governing service out of…

Residuary estate in cases of total intestacy includes the entire estate after payment of expenses, debts, and liabilities. The term is not used to distinguish between…

Section 49(5) of the Administration of Estates Law clearly provides that the estate of a person married under the Marriage Ordinance shall be distributed in accordance…

Where there is a conflict between a previous enactment and a later one, the former is deemed impliedly repealed, and the later one prevails.

While marriage and matrimonial causes are within the Exclusive Legislative List, succession is neither in the Exclusive nor Concurrent Legislative List. It is a residual matter…