Principle Archive

It follows therefore that no question as to a person's status in any particular family can arise until it be first established that he is a…

What therefore to watch out for in a standard judgment are: (l) Are the parties to the case appropriately stated? (2) Is the nature of the…

Where there have been concurrent findings of the two lower courts, this court makes it a policy not to disturb them unless special circumstances include exist…

By these two factors it is to be presumed that she entered into the property not as a trespasser but under a contract of sale. This…

From the evidence of the transaction, I would say that there had been a valid sale of the land in dispute under native law and custom:…

The effect of this is that the Plaintiff's claim by her pleadings and evidence remained uncontroverted. And in the absence of any evidence of rebuttal, the…

A purchase receipt being an unregistered instrument was not admissible to prove title but admissible as an acknowledgement of the payment of money and coupled with…

In civil cases while the burden of proof initially lies on a plaintiff, the proof or rebuttal of issues which arise in the course of proceedings…

A distinction between a counsel's decision not to appeal and mistake in failing to appeal may be valid where a decision not to appeal evinces an…

Whether the provisions of O.8 r 12(4) would apply or not depends on the question raised in the interlocutory decision and the impact which the resolution…

Failure to appeal does not unequivocally indicate an acceptance of a decision where, as in this case, there is a clear demonstration of intention to challenge…

That counsel's error of judgment, if reasonable, is an acceptable explanation for delay to apply for leave to appeal or to appeal within the prescribed time…