Principle Archive

The defendant was sued in his personal capacity; he claimed that the piece of land in dispute was given to him by a family; the plaintiffs…

A case is decided per incuriam where a statute or rule having statutory effect or other binding authority which would have affected the decision, had not…

Under Sharia procedural law, it is not always necessary that a litigant who complains first before the court shall always be the plaintiff; it is the…

Where a claim involves who died first between two spouses, the claim as to who preceded by death shall be established by the evidence of one…

Where a plaintiff fails to prove their case in a claim for money or which can be estimated in money's worth, the defendant shall be called…

'Special circumstance' though may include strong and substantial ground of appeal, this alone may not be enough; a strong and substantial ground of appeal does not…

In cases where the res, the subject-matter of the appeal, is at risk of destruction if stay is not granted, or its nature may be altered…

'Special circumstance' is very wide and its category is not closed.

A victorious party must not lightly be deprived of the fruit of their victory; having won their case they under normal circumstance ought to be allowed…

This being an appeal, it is a different approach; the appellants must show to the satisfaction of this court in what respect the lower court was…

Evidence of traditional history, where this is found and accepted by the court to be cogent, is sufficient to support a claim or declaration of title…

Payment of the agreed purchase price by the plaintiff coupled with the delivery of possession of the land to them created a valid sale of the…