Principle Archive

Where a chieftaincy becomes a minor chieftaincy by an order, it is no longer subject to Part 2 of the Chiefs Law, and any declaration in…

Evaluation of a document is not within the exclusive preserve of the trial judge. Both the trial judge and appellate judge have an equal right to…

A reply is only necessary if an averment in the statement of defence has not been taken care of by the statement of claim. If issues…

Under the rules of pleading, where a party fails to deny specific averments, they are deemed to have admitted those facts.

Termination by notice or payment in lieu is an unqualified right under a contract, while dismissal is a qualified right for cause such as serious misconduct.…

The burden of proof in civil cases is not static; it continually shifts from side to side in respect of a fact in issue until it…

Section 30(1) of the Bills of Exchange Act creates a rebuttable presumption of value. The presumption shifts the burden of proof but can be rebutted by…

In the absence or subsequent failure of consideration, the instrument is invalid as between immediate parties, but not necessarily as between remote parties when the holder…

A bank has the right to stop payment on a bank draft if the customer fails to comply with conditions precedent, such as funding the account…

Courts should not be unduly tied down by technicalities, particularly where no miscarriage of justice would be occasioned. Justice can only be done in substance, not…

Non-compliance with rules of court is prima facie an irregularity, not a ground for nullity, unless it amounts to a denial of natural justice. If no…

The originating summons must be signed by a judge. However, failure of the judge to sign is a mere procedural irregularity if it does not affect…