Principle Archive

Where a court is not properly constituted having regard to constitutional requirements, all proceedings in the hearing and determination of matters before it are a nullity.

Res judicata does not apply to a claim that constitutes an entirely new issue which has not been previously canvassed in earlier proceedings, even between the…

Where the head of family conveys family land without the consent of principal family members, such transaction is voidable and can be avoided by action instituted…

Every member of a family has an interest in family property and is under a duty to protect such property; therefore, every family member possesses locus…

A court acts beyond its jurisdiction when it grants relief that was not claimed by the parties in their pleadings or process.

Every court decision should not only flow logically from the conclusions of facts and law made by the court but should be readily seen to be…

Judicial discretion must be exercised in accordance with relevant rules of law or practice and according to reason and justice, not based on private opinion, whim,…

It is a well-settled rule of statutory construction that when a provision is made subject to another, that provision must be read subordinate to the provision…

Where the jurisdiction of a court is raised and in issue, it is of utmost importance to dispose of that issue first, as jurisdiction is a…

Where a court lacks jurisdiction, all proceedings conducted and orders made constitute a nullity regardless of their apparent procedural regularity.

An Area Court lacks jurisdiction to adjudicate matters concerning land situated outside its designated territorial jurisdiction, even if parties appear before it.

The jurisdiction of Area Courts is ascertainable from the Area Courts Edict, with the area and extent of such jurisdiction further ascertainable from notifications published in…