Principle Archive

As leave was not sought and granted, the grounds that is grounds 3, 4 and 6 are hereby struck out. Where grounds of appeal are struck…

The essence of a trade mark is that it indicates a connection in the course of trade between the goods and some person having the right…

Appellant in the instant case has no interest in the land even during his occupation of the premises. The licence to remain is automatically revoked on…

It is settled law that where an agent or servant is allowed to occupy premises belonging to his principal for the more convenient performance of his…

A concurring judgment has equal weight with or as a leading judgment. It complements, edifies and adds to the leading judgment. In so far as a…

The Supreme Court will not in principle interfere with concurrent findings of fact unless special reasons justify such interference, that is, where there is a miscarriage…

There are five ways to prove ownership of land: (a) traditional evidence; (b) documents of title; (c) acts of ownership (selling, leasing, renting, farming); (d) long…

A party relying on traditional history must plead and prove: (a) who founded the land; (b) how the land was founded; and (c) particulars of the…

Traditional evidence is evidence beyond living memory. A story about a dispute taken before a district officer is not traditional evidence but evidence of contemporary history,…

A party who acknowledges the title of his opponent to a parcel of land must prove how that opponent has been divested of title wholly or…

To place the burden of proof wrongly on a party will usually lead to a miscarriage of justice.

Plaintiffs claiming to own communally with the defendants land in the control or possession of the defendants have the burden to prove that the land is…