Principle Archive

It is settled law that where the party offers no evidence in defence of the case of the plaintiff, the burden placed on the plaintiff is…

It is settled law that where a person personally guarantees the liability of a third party by entering into a contract of guarantee or suretyship, a…

The trite position of the law of pleading is that where an averment has not been supported by evidence, that averment is deemed abandoned and must…

The trite position of the law here, too, is that any evidence that is unchallenged or uncontroverted, the trial court has a duty to act on…

The duty of appraising evidence given at a trial court is pre-eminently that of the court that saw and heard the witnesses, and it is also…

The agreement allowed the plaintiff/appellant two weeks from the date of signing the contract within which to commence work on the site. That period of two…

It is trite law that in matters of contract in which the terms and conditions of the contract were embodied in a written document, the parties…

Where a court finds out and holds that it has no jurisdiction to entertain and determine a case, it does not dismiss the action, but to…

It is quite clear from the provisions of the above Sections of the Land Use Act with specific powers and jurisdiction in respect of land matters…

Applying this provision to the claims of the Plaintiffs/Appellants in the instant case, although the claims indeed include a declaration and injunction, there is nothing to…

Where pleadings are filed in a suit as in the instant case, the issue of jurisdiction ought to be determined on the Plaintiffs' statement of claim…

The law is indeed well settled that in cases initiated by Writ of Summons and statement of claim such as the present case, the jurisdiction of…