Principle Archive

That the 4th-7th defendants who are respondents in this appeal, and having not filed a cross-appeal, cannot be heard in support of the plaintiff's motion. They,…

Furthermore, since the reliefs sought are not in respect of or directly related to a claim before the court, the court is without competence and jurisdiction…

It is the law, for instance, that where any injunction is claimed, there is need for it to be on a subject-matter within the ambit, scope…

That in respect of relief No. (d) the court does not grant an injunction in respect of a completed act.

The order for injunction is available to restrain the defendant from the repetition or the continuance of the wrongful act or breach of contract complained of.…

It is settled law which does not require citation of decided cases that any application for relief subsequent to the claim before the court shall be…

The competence of a court or of the proceedings in court is a fundamental issue which cannot be waived even if the reason for seeking the…

An exercise of discretion by the court must be guided by evidence adduced. It is a misdirection for a trial Judge to give judgment on an…

We regard the irregularity as being fundamental, which touches the legality of the whole proceedings including the judgment and the incidental orders made thereafter. We therefore…

For there to be a consent judgment there must have been an agreement of the parties on all aspects of the matter to be covered by…

The provision of the statute is therefore very clear. The law is that it is mandatory that proceedings in respect of petition for dissolution of marriage…

Although section 103(2) of the Matrimonial Causes Act seems to vindicate Order 1 rule 9(1) of the Matrimonial Causes Rules, the intention of both the Act…