Principle Archive

The plaintiffs have not appealed against the finding rejecting the claim of sharing of the lands in dispute, and cannot raise the issue on appeal.

For such findings to be interfered with by this court, exceptional circumstances must be shown by the appellants.

Customary Law or Native Law and Custom is a matter of evidence to be decided on the facts presented before the court in each particular case.…

There is a lot of difference between a district head and a traditional head of a district simpliciter especially in the instant case. In this case,…

A trial Judge in deciding a case must keep strictly to the pleadings of the parties and must not, even when the interest of justice so…

Court has no jurisdiction to make an order which has not been pleaded or prayed for by a litigant; such order is wrong and will be…

Although an appeal court should be wary of formulating or introducing new issues for determination in an appeal before it, where the issues postulated by the…

It would at least be against public policy for persons, without the backing of the court, to pronounce a court decision a nullity, act in breach…

It would be most dangerous to allow a party or his counsel to determine whether its order was null or valid, regular or irregular. They should…

The contrasting legal concepts of voidness and voidability form part of the English law of contract. They are inapplicable to orders made by a court of…

The option open to a person against whom an order was made or a judgment given is plain. He should apply to the court to discharge…

It is settled practice that there is a presumption of correctness in favour of a court's judgment. Unless and until that presumption is rebutted and the…