Principle Archive

When counsel withdraws from a case, the trial Judge should direct that a fresh hearing notice be served on the party to enable engagement of new…

The denial of fair hearing to a party is often fatal to the judgment of the court. If a principle of natural justice is violated, it…

If one of the parties is refused a hearing or not given an opportunity to be heard, the hearing cannot qualify as a fair hearing. Without…

It is trite law that jurisdiction is determined by the claim before the court.

In an action for declaration of title, the plaintiff must succeed on the strength of his own case, not on the weakness of the defence, except…

A judgment obtained under the undefended list cannot be set aside as it is treated as a judgment on the merit, except where a rule provision…

Rules of court must prima facie be obeyed. However, not every irregularity or non-compliance with rules of court will nullify entire proceedings. Non-compliance generally does not…

An application to set aside for irregularity must be made within a reasonable time and before the party has taken fresh steps after becoming aware of…

It is now firmly settled that a breach of a rule of practice can only render a proceeding an irregularity and not a nullity.

The term "irregularity" in respect of procedures denotes something not fundamentally tainting a proceeding as to render it invalid or a nullity; it is curable.

There are five ways to prove ownership of land. A party is not expected to plead and prove more than one way; proof of one is…

Where both parties trace title to the same person, the plaintiff is not required to prove the grantor's title as that is inferentially admitted. The court…