Principle Archive

Where a defendant fails to ask in his pleading, even in the alternative, for relief against forfeiture, the plaintiff having averred and proved facts supporting forfeiture,…

A holder of a certificate of occupancy holds the title to the property subject only to conditions in the Land Use Act. A certificate properly issued…

Where it has been established as in this appeal that the allocation was made directly to the appellant by a competent authority, the presumption raised therein…

The evidence of the appellant, being uncontradicted is accepted by me.

An implied trust is one founded upon the unexpressed but presumed intention of the settlor. Such trusts are also referred to as 'resulting' because the beneficial…

Two elements are necessary to constitute a breach of agreement or promise of marriage. First, the party jilted must prove that there was in fact a…

Marriage is regarded as a very sacred institution both in our jurisprudence and in our sociology. Accordingly an agreement to enter into a marriage should leave…

It is trite law that pleadings simpliciter not supported by evidence cannot be accepted as evidence and is deemed abandoned.

A party who has judgment in his favour and who has not cross-appealed or who has not taken out a respondent's notice is not entitled to…

It is trite law that where the findings of trial court and indeed the concurrent findings of the Judge and the Court of Appeal are perverse,…

It is a fundamental requirement of the law that before the plea of estoppel per rem judicatam can succeed, it must be clearly shown that the…

I have carefully read through the record myself and my irresistible conclusion is that the lower courts were right in their rejection of the plea of…