Principle Archive

It is an established principle of law that where a party pleads and relies on grant as their root of title, they are under a duty…

This court has laid down the principle for quite some time that a party failing to give evidence of boundaries to the land in dispute which…

The law is firmly established that a trespasser in possession is not in legal or legitimate possession; an appellant's interest in land, if any, if it…

A free and voluntary confession of guilt by a prisoner, if it is direct and positive and is duly made and satisfactorily proved, is sufficient to…

Ouster clauses must not be construed liberally, or loosely or wantonly.

CONSTITUTIONAL LAW – Statutory Interpretation – Scope of Section 11 Decree 25 Principle Statement: The only ground for disqualification provided under section 11 of Decree 25…

A constructive trust is imposed by equity on the ground of conscience and is not based on the prior or presumed intention of the parties.

Judgments were clearly pleaded as required by law and therefore properly tendered in evidence even though the present plaintiffs were not parties; the High Court acted…

The burden which defendants had and failed to discharge was the burden of proving plaintiffs' land which defendants called by a different name and which defendants…

The legal admissibility of a piece of evidence is one thing, while the weight the court would attach to such evidence after it has been admitted…

By ordering a retrial to determine an issue not raised, the court went on a voyage of its own; that issue was not before it; the…

There are very strict limitations on the Court of Appeal's power to set aside or reverse the trial judge's decision on issues of fact; when the…