Principle Archive

Where there is inconsistency or ambiguity between one part of a brief and another part, a court faced with such inconsistency or ambiguity should not try…

An appellant will not be allowed to raise on appeal, a question which was not raised, tried or considered by the trial court but where the…

An appellant is at liberty to withdraw or abandon any of his grounds of appeal. He may withdraw a ground of appeal by applying to the…

When an application is made to set aside an award it is the substance of the ground of the application that is material and not how…

In my view, It would not matter whether an application to set aside an arbitral award by an aggrieved party is made under the provisions of…

A complaint that an action is statute-barred, is unarguably a complaint against the competency of the action.

I am firmly of the view that the limitation period of three (3) months under s.29 being the only period of limitation prescribed under the Act…

Indeed there is only one period of limitation prescribed under the Act. Section 29 of the Act, which I have already reproduced provides that a party…

There can be no clearer infringement of the constitutional protection of fair hearing in section 36 of the Constitution 1999 than what has been suggested by…

It is a well settled principle of judicial adjudication that the judgment in a lis must be confined to the cause of action and the issues…

The law is long and well settled that where a plaintiff claims, say, a declaration of title to land or whatever, and his claim is dismissed,…

A consequential order is an order which flows necessarily, naturally, directly and consequentially from a decision or judgment delivered by a court in a cause or…