Principle Archive

Customary law is a matter of fact to be pleaded and proved by evidence unless it has been judicially noticed. It must be proved in any…

Courts are bound to decide only the case as formulated on the pleadings of the parties. It is not within the office of a court to…

A registered declaration derived its root, existence, and validity from the enabling law. Once the application of that enabling law has been revoked, the declaration has…

With the de-recognition of a chieftaincy and its demotion to a minor chieftaincy, it is absurd to maintain a situation where the prescribed authority also serves…

A custom is a rule which in a particular district or area had, from long usage, obtained the force of law. A custom is a question…

The onus is on the plaintiff in a claim for chieftaincy declaration to prove that the claimant of the title was validly nominated and appointed in…

When evaluation of evidence does not involve the credibility of witnesses but the complaint is against the non-evaluation or improper evaluation of evidence by the trial…

Arguments of counsel in a brief of argument filed in appellate courts should be based along the lines of the issues formulated for the appeal and…

Where the offence charged involves capital punishment on conviction and the accused person is not defended by a legal practitioner, the court under section 352 of…

The duty imposed on the court to assign counsel to defend an accused person who is unable to brief a legal practitioner for his defence in…

An issue formulated for the determination of an appeal must fall and be confined within the grounds of appeal. If the grounds from which issues are…

The Supreme Court receives appeals from the Court of Appeal, not directly from the High Court. Grounds of appeal that complain directly against the decision of…