Principle Archive

There was evidence that out of 11 king-makers stipulated, 10 including disputed ones were present at elections; undisputed evidence was that 7 persons voted for appellant…

The trial judge reviewed evidence and accepted their evidence; there is no apparent contradiction between witnesses' evidence; what witness was saying was that as at the…

One of the essence of right of fair hearing is that a party should not be denied the opportunity of presenting argument and making submission in…

It is trite law that an appeal court must consider all issues for determination raised before it except where it is of the view that a…

The test of fairness in appeal proceedings is different from loss of fairness at court of first instance where the true test is impression of reasonable…

The court below having recognized the defect of the original brief had no brief properly before it on behalf of appellant; the court could not be…

It is trite law that an abandoned brief of argument cannot be made use of in determining the merits of an appeal.

Where a party relies on, and pleads a grant as their root of title, they are under a duty to prove such grant to the satisfaction…

The main question is whether the original jurisdiction of State High Courts in respect of land is confined to proceedings relating to statutory right of occupancy;…

The jurisdiction which the High Court exercises in proceedings relating to rights of occupancy is not derived from the Act; while section 39 declares such jurisdiction…

The law is clear that resort to construction by implication is permissible only if the meaning of statute is not clear; the principle of construction of…

The provisions of section 236(1) of the 1979 Constitution did not permit the 'unlimited' jurisdiction vested in the High Court of a State to be limited…