Principle Archive

For there to be a valid customary arbitration, five ingredients must be pleaded and proved, namely: (a) That there had been a voluntary submission of the…

The court does not make declarations just because the parties to litigation have chosen to admit something. The court declares what it has found to be…

It is true as was contended before us by the appellant's counsel that the rules of court and Evidence relieve a party of the need to…

The purpose of pleadings is to bring the parties to issues that arise so that either part may know the real points to be discussed and…

In every litigation a number of issues of fact may arise but unless they have a bearing on the principal question for determination they certainly do…

In determining whether issue has been joined on a point, it is not proper to consider a particular paragraph of the statement of defence in isolation…

However, when a plaintiff's case has failed in toto, that is to say, he has not succeeded in discharging the burden on him going by the…

The conditions under which an appellate court may order a retrial in a civil case are well known. Some of them may be stated here. It…

Where a party relies on evidence of traditional history, and, in the alternative, on acts of ownership to prove the title he claims the court is…

Where a party had set out to establish title by traditional history all he needs do is to prove his title by conclusive and cogent evidence…

Where the parties by the evidence adduced both oral and documentary are ad idem on the identity of the land in dispute, the fact that different…

The principle is that this court will not interfere with concurrent findings of fact of the trial court and the Court of Appeal unless such findings…