Principle Archive

Where a commission's powers are advisory, deliberative, or investigatory, its recommendations have no legal and binding effect until accepted and confirmed by the authorising body. However,…

A Local Government has no right to abolish a customary law agreement between parties or authorise trespass. Until it acts under sections 6(3) and 28(3) of…

Where a grant of land is made under native law and custom for exploitation and cultivation, and the grantee pays annual tribute, the grant is for…

Where parties agree that the tenant would deforest the land and after that period start paying perpetual yearly rent, the grant is not a term lease…

An unregistered registrable instrument is inadmissible to prove legal title but is admissible to prove equitable interest, such as possession and payment of rent.

Where the judgment is in respect of the entire land claimed and not part of it, the order of injunction must relate to the entire land…

Where a trial court unquestionably evaluates evidence and appraises facts, an appellate court should not substitute its own views. The Supreme Court will not interfere with…

A corporate body can sue for defamation. It has reputation and goodwill which can be protected. An injury to its reputation can lead to loss of…

It is not in every case that an undertaking as to damages ought to be given. Where the applicant is the owner of the land and…

The court when considering an application for an interlocutory injunction should not try to resolve conflicts of evidence on affidavits as to facts on which the…

Where there is a clear breach of the respondent's right by the unilateral termination of an agreement, the question of balance of convenience should not arise.…

In an application for an interlocutory injunction, the applicant is not required to show indefeasible rights to the reliefs sought. That is not the stage for…