Principle Archive

Each party to a dispute before a court of law or any other tribunal must be given fair hearing not only to allow each to state…

The learned trial Judge was right when he held that the causes of action were dissimilar. The present action cannot, therefore, constitute an abuse of the…

The trial Judge was bound to accept and act on that evidence, even if it had been minimal evidence, that p.w.2 sold the land in dispute…

Required of a plaintiff in an action for declaration of title is at least to establish his claim by preponderance of evidence. It is often enough…

Ordinarily this court ought not lightly depart from concurrent findings of facts of the two lower courts because it has no opportunity of seeing and listening…

This court will undoubtedly interfere with concurrent findings of facts made by courts below which are shown to be perverse or to contain errors of law,…

It is well established principle that an appellate court will very rarely, if at all interfere with the findings of facts made by the trial court.…

In an action for a declaration of title the onus of proof is on the party seeking the declaration to prove same and on the strength…

It is for example, the, duty of the appellant to produce a plan that would leave the issue as to whether the land in dispute can…

It was the duty of the plaintiff to have shown that the land in dispute (Exhibit F) was the same land allotted or granted to him…

The issue of identity of the land in dispute being crucial, it is plain that since the plaintiff had been unable to identify the land he…

A confessional statement, so long as it is free and voluntary and it is direct, positive and properly proved, is enough to sustain a conviction. The…