Principle Archive

The jurisdiction conferred on a High Court under section 46 of the 1999 Constitution is neither a supervisory jurisdiction nor the powers of judicial review. It…

When an inferior tribunal acts in disregard of the ex post facto clause, the person affected has a remedy under section 46 of the 1999 Constitution.…

When the proper conditions for making a reference under section 295(2) are present, the court has no discretion. It is bound to make the reference. Whether…

Jurisdiction is fundamental to any decision. A decision reached without jurisdiction cannot constitute res judicata or issue estoppel. An ouster clause does not protect a nullity…

A final decision of an inferior tribunal cannot foreclose the enforcement of a constitutionally entrenched right. No court or tribunal has jurisdiction to convict for an…

The manner in which the court is approached for the enforcement of a fundamental right is hardly objectionable once it is clear that the originating court…

The burden of proof of title to land is on the party who asserts or claims that title. Where a plaintiff claims title to land, the…

A customary arbitration does not qualify as a court of law within the Constitution. Concurrent findings must be those of two courts of law. Decisions of…

Under customary pledge, the pledgee goes into possession and has the right to put the land to productive use. However, the pledge is perpetually redeemable, and…

Trespass is a violation of possessory right and does not involve title to land. A person in exclusive possession wrongly dispossessed is entitled to recover possession…

Where in an action for trespass the issue of title is raised, to succeed, a plaintiff must be able to show a better title to be…

The registered declaration is the admissible evidence of the customary law and is conclusive so long as it remains the subsisting declaration. Such a declaration having…