Principle Archive

A plaintiff's failure to prove title in a previous action does not preclude that same person, as defendant in a subsequent action, from denying the title…

In an action for declaration of title to land, the plaintiff succeeds on the strength of his own case and not on the weakness of the…

The proper place for a plaintiff to raise issue estoppel is in the reply to the statement of defence; if raised in the statement of claim,…

Cause of action estoppel prevents another suit founded on the same cause of action; issue estoppel prevents certain issues decided in the original action from arising…

Before the doctrine of estoppel per rem judicatam can operate, it must be shown that the parties, issues, and subject-matter were the same in the previous…

For issue estoppel to apply, three preconditions must be satisfied: (1) the same question must be for decision in both proceedings; (2) the prior decision must…

A party should not be allowed to set up different cases at different stages of the proceedings, from the trial court, through the intermediate appellate court,…

Trespass is a continuing tort; a person who remains on another's land without authority commits a fresh trespass each day they remain, and the landowner is…

While ownership gives the right to exclusive possession, the fact of trespass must still be proved by evidence showing the defendant's actual entry or encroachment on…

A registered title under the Registration of Titles Law is proved by producing the chain of documents showing the original grant, subdivision registration, transfer to the…

For registered land with a survey plan showing dimensions, area, and survey beacons, the identity of each plot is sufficiently established and certain.

The requirement of the Governor's consent under the Land Use Act, 1978 does not apply to transfers of title concluded and registered before the Act came…