Principle Archive

In civil cases, the burden of proof is cast on the party who asserts the affirmative of a particular issue. The burden rests on the party,…

Although the Supreme Court rehears a case on appeal only on the records, where it is clear that evidence has been led establishing a fact, it…

Issues for determination should be formulated in general practical terms and tailored to the real issues in controversy. Prolixity or proliferation of issues obscures the core…

The representation of the estate is joint; executors or administrators must agree. They have a joint and entire interest in the estate which is incapable of…

Concurrence means the agreement or consent of all personal representatives in the conveyance of real estate. Evidence of concurrence can be manifested by execution by all,…

Where the Court of Appeal failed to consider an appeal on a particular issue, the Supreme Court would, in a proper case, remit the case to…

A vague ground of appeal is too general, not clear, precise or definite in what it purports to be aggrieved about. It cannot help in resolving…

The particulars need not always be separately set out but may be embodied or incorporated in the ground of appeal itself provided the ground is so…

A denial can be express or by necessary implication. Once facts are deposed to, in order to negate the general drift of the depositions in the…

No sane person having regard to constitutional provisions against discrimination would support denying a candidate eligibility because of slave descendant stigma. Such cruel utterance is abhorrent…

Where there is a dispute whether a person has been appointed in accordance with customary law to a minor chieftaincy, the prescribed authority may determine the…

A ruling house entitled to nominate candidates for a chieftaincy stool can only act through a majority of its members in a democratic society. It cannot…