Principle Archive

The appraisal of oral evidence and the ascription of probative values to such evidence is the primary function of the trial court. Where the issue turns…

Accordingly, when the court below observed in its judgment that 'the trial judge ought to have made specific findings upon the issues of ownership and should…

Where what is shown as the failure of the trial judge is a determination of vital issues by appraising and evaluating evidence before it, an appellate…

Where the trial court has made an imperfect or improper use of the opportunities of seeing the witnesses, the appellate court will not seek to ascribe…

When a judge who, guided by the pleadings, has heard evidence in a case but has in his judgment failed to give a fair summary of…

It is also settled that a party who intends to prove charges of fraud or charges of criminal malversation or felony must do so beyond reasonable…

The facts revealed above show that it was the 1st Respondent who made the application and which the High Court granted on 23/6/89 on condition that…

The facts again show that the properties had been advertised for sale on 17/12/91 and that it was because of the Appellant's motion for a stay…

For the sale to be set aside the Appellant must not only prove that there was material irregularity in the conduct of the sale but also…

An examination of the provisions of the 1979 Constitution reveals that the Constitution has been positive and clear, and loud not silent or secretive in the…

In this regard it must be borne in mind that it is settled law that it is the claim before the court that has to be…

Being a provision of the Constitution, any law particularly law of a State which is in conflict with it becomes null and void and that the…