Principle Archive

It is trite law that an appellate court will not ordinarily interfere with the findings of fact of a trial court except in circumstances such as…

I ought to stress in the first place that it is the issues distilled from all appellant's grounds of appeal that may be argued in the…

A close study of the proceedings before the trial Upper Area Court does clearly disclose that what was in issue before that court is a straightforward…

The form of an action in a Native Tribunal must not be stressed where the issue involved is clear. It is the substance of such a…

It is trite law that failure to obtain the leave of court, where necessary, to file a particular ground of appeal upon which an issue is…

An appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any…

The question of jurisdiction, being radically fundamental, can be raised at any stage of a proceeding and even for the first time in a court of…

It is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it…

It is not in all cases that a survey plan of the piece or parcel of land in dispute is either an absolute necessity or is…

For the plea of estoppel per rem judicatam to succeed, the party relying on it must establish that — (i) the parties or their privies are…

The plaintiffs' claims for forfeiture which is founded on the alleged customary tenancy and damages for trespass which is based on their ownership and possession of…

Where one or more of such issues have been distinctly raised in a cause of action and appropriately resolved or determined between the same parties in…