Principle Archive

A Chieftaincy Declaration made under the Chiefs' Law, 1978 is the customary law in force in the area which it covers. By section 11(2) of the…

It is not enough merely to assert that he has a good defence to the action without giving full details of the actual defence he intends…

A court of equity must be fully apprised of facts relevant for the exercise of its discretion; otherwise, it will be in breach of the principles…

A defendant in an undefended list proceeding must show in his affidavit not only that he intends to defend the action but also discloses his defence…

To set aside a summary procedure judgment, the defendant must show by affidavit which must condescend upon particulars, a clearly and concisely stated defence, and the…

The application must not only be supported by an affidavit but also by the proposed defence to the suit filed in undefended cause list. Merely stating…

Section 39(1)(a) of the Land Use Act vests exclusive original jurisdiction in the High Court in respect of proceedings for a declaration of title to a…

Under the Land Use Act, 1978, the only competent court to resolve disputes involving statutory rights of occupancy is the High Court of Justice. A Customary…

The form of an action in customary courts must not be stressed where the issue involved is clear. It is the substance of such actions that…

Proceedings in Customary Courts must be carefully scrutinised to ascertain the real subject-matter and the real issues raised. Consequently, it is permissible to look at the…

In an Area Customary Court, a party's claim cannot be ascertained properly until he gives evidence. It is the reaction of the defendant to the testimony…

The Governor's consent is for the alienation of legal title to the property for the period of the mortgage transaction. No further consent is necessary just…