Principle Archive

Where the evaluation of evidence by the trial judge is perverse (not properly borne out from the evidence), an appellate judge may re-evaluate the evidence and…

A respondent is not under a legal duty to formulate issues in his brief to cover all the grounds of appeal. The respondent is at liberty…

Appeals are not won on the number of grounds or issues. They are won on the quality of the content of grounds of appeal and issues.

Where a contract contains a provision that either party may determine it by specified notice or payment in lieu, such notice or payment must be complied…

In construing the relationship of the parties to a written agreement, the court must confine itself to the plain words and meaning derivable from their rights…

Where land was vested in heirs before the Land Use Act came into effect, and the land is developed and located in an urban area, the…

Where competing interests claim title from a common grantor, the interests rank in order of their creation based on the maxim qui prior est tempore potior…

A certificate of occupancy is prima facie evidence of title, but it will give way to a better title.

Non-payment of tribute or rent may not necessarily constitute misconduct or misbehaviour to result in forfeiture, but combined with other acts, such non-payment becomes a clear…

Forfeiture is the usual mode of determining a customary tenancy. The real basis of misconduct rendering the tenancy liable to forfeiture is the challenge to the…

The proper procedure for seeking relief against forfeiture is not by merely asking for relief in pleadings. The tenant may initiate a claim by writ or…

A case does not lose its value as a judicial precedent on the ground of age. The older a case, the maturer it is. Lower courts…