Principle Archive

The subject's recourse to court for the determination of his rights is not to be excluded except by clear words. A statutory alternative remedy does not…

An intention to legislate in contravention of the Constitution should not be imputed to the law-maker. Where an enactment can be construed and operate so as…

The same person cannot be both a plaintiff and a defendant in the same action. In a representative action, the person who names himself as a…

A pre-existing ouster clause in a 1978 Edict was not rendered void by the 1979 Constitution. It was unconstitutional to apply it to chieftaincy matters where…

Invocation of a respondent's notice postulates that the judgment is correct but the reasons are based on a wrong premise when there is enough evidence on…

The traditional role of a respondent's notice is to seek to affirm the judgment appealed against on other grounds than may have been given. A respondent…

Where traditional history is found to be cogent and accepted by the trial court, it can support a declaration for title to land.

Where a trial court unquestionably evaluates evidence and justifiably appraises the facts, the appellate court should only find out whether there is evidence on record on…

A claim for trespass is based on possession, while a claim for recovery of possession is based on the plaintiff being out of possession. Both claims…

Courts have shifted away from narrow technical approaches and now pursue substantial justice. In the interest of justice, the court may strike out offensive words in…

Where a defendant pleads laches and acquiescence without pleading supporting facts, the defence is not available. Evidence given on facts not pleaded goes to no issue…

Sections 5(c), 10 and 11(3) of the Tribunals of Inquiry Act are constitutional and valid insofar as they apply to the Federal Capital Territory.