Principle Archive

The evaluation of evidence is the primary responsibility of the trial court. An appellate court will interfere only if the finding is not supported by evidence,…

An appellate court will be reluctant to order a retrial where: (a) the plaintiff has established his case; (b) a retrial would enable the defendant to…

The appraisal of evidence and ascription of probative value is the primary duty of a trial court. Where the issue turns on credibility of witnesses, the…

Where the complaint is against the weight of evidence, the complaint must be against the totality of the evidence adduced, not against any specific issue. It…

An omnibus ground of appeal is limited to the appraisal of evidence and not to challenge the finding or non-finding of a specific fact or issue.…

In an action seeking determination of boundaries, it is for the plaintiff to identify and prove existing boundaries. Where none is identified and proved, the court…

In an action for declaration of title, the plaintiff must establish the area of land to which a declaration can be attached. The land must be…

Where competing documents of title originate from a common grantor, the first in time takes priority under the maxim qui prior est tempore, potior est jure…

After a party has effectively divested himself of his interest in land, no right vests in him to deal with such land further, for nemo dat…

The mere production of a Certificate of Occupancy does not by itself entitle a party to a declaration of title to land.

An appellate court should not ordinarily disturb findings of fact of the trial court unless the finding is perverse or cannot be supported having regard to…

Where there is a subsisting right of occupancy, it is good against any other right. The grant of another right of occupancy over the same piece…