Principle Archive

Once the fact of such arbitration and oath-taking and survival have been successfully established, the oath-taker acquires the rights of full ownership and possession. If the…

Where parties decide to be bound by traditional arbitration resulting in oath-taking, common law principles in respect of proof of title to land no longer apply.…

It is good law that in arbitration under customary law, the applicable law is customary law and not common law principles with their characteristic certainty and…

The mere fact that the Customary Court of Appeal came in between the Customary Court and the Court of Appeal did not destroy the concurrent findings…

A judgment obtained on the undefended list is a judgment on the merit. A trial court has no power to set aside such a judgment under…

Service on a company must be at its registered office. Service at a branch office is bad and ineffective. Substituted service cannot be made to a…

A judgment or order which is a nullity owing to failure to comply with an essential provision, such as service of process, can be set aside…

A court has jurisdiction when: (1) properly constituted; (2) subject matter within its jurisdiction; and (3) the case is initiated by due process of law, including…

In the face of direct conflict on crucial and material facts, the learned trial judge must call for oral evidence from the defendant or such other…

It is the law that neither a party nor a court is permitted to argue or deal with an issue not related to any ground of…

The dispute must be genuine, not a sham, but a real one based on substantial grounds.

Care and utmost caution must be exercised in proceedings involving the termination of a company's life. The court must halt a petition likely to cause irreversible…