Principle Archive

Evidence of possession is separate from and independent of a claim of title based on traditional history; the two are distinct methods of proving title.

In proceedings in Native, Customary, or Area Courts, it is not unusual for the court on its own to call a witness it considers would help…

In a claim for declaration of title, the onus is always on the plaintiff to establish his claim; the burden never shifts to the defendant throughout…

The standard of proof in a claim for declaration of title is the balance of probabilities (preponderance of evidence), not beyond reasonable doubt; the plaintiff must…

In reviewing Customary Court proceedings, appellate courts must consider the substance liberally, reading the record to understand what the proceedings were about, and determine whether substantial…

The Supreme Court will not normally interfere with concurrent findings of fact unless there is a miscarriage of justice or a violation of some principles of…

Where concurrent findings are not shown to be perverse and have not led to a miscarriage of justice, the Supreme Court will not interfere with them.

An appellate court may take points suo motu, but this discretion must be exercised sparingly and in exceptional circumstances only, and parties must be given the…

An appellate court that determines a matter on an issue raised suo motu without giving counsel the opportunity to be heard commits a miscarriage of justice;…

An appellate court can only consider issues based on grounds of appeal filed before it; its jurisdiction is confined to correcting errors of the court below,…

A ground of appeal that is a ground of law is competent, and it is not necessary to obtain leave to file and argue it.

When a contract is reduced to documents into which other documents are incorporated, the incorporated documents cease to be extrinsic and fall to be construed as…