Principle Archive

An error in referring to evidence not before the court is not the same as a denial of fair hearing. Such error does not affect the…

Under the Court of Appeal Rules, a proposing intervener need only show that he is a person "claiming to be affected." If the reliefs sought would…

A beneficiary of the subject matter of a suit is a proper person to be joined as a co-respondent, as the outcome of the appeal will…

A claim for damages for trespass should fail where the plaintiffs fail to establish that they were in actual possession of the land in dispute.

Before a declaration of title is given, the land to which it relates must be ascertained with certainty. There must be definite and precise boundaries. This…

A judge visiting the locus in quo should not substitute his personal observations for sworn evidence. If a feature has changed due to weather, that fact…

To sustain a plea of res judicata, the party pleading it must satisfy that the parties (or their privies) are the same in the present suit…

Material facts must be pleaded; evidence led on any matter not pleaded goes to no issue and ought to be disregarded. One must first show that…

An order for injunction must be clear and certain. Restraining a party from crossing only the western boundary defeats the purpose, as they remain free to…

The Court of Appeal cannot gratuitously embark on a voyage of discovery to deal with all errors in the judgment of the court of first instance.…

The test for determining the truth of a confessional statement is to seek any other evidence of circumstances that make it probable that the confession is…

A free and voluntary confession of guilt, whether judicial or extrajudicial, if direct, positive, and properly established, is sufficient proof of guilt to sustain a conviction,…