Principle Archive

Upon finding the instant Notice of Appeal and the nine Grounds of Appeal therein to be competent and duly filed then grounds 2, 3, and 4…

A ground of appeal which complains of a breach of the right to fair hearing vide section 36(1) of the 1999 Constitution is a ground of…

The nine grounds of appeal contained in the Notice of Appeal dated 15/10/2008 being grounds of law they do not require leave of court as prescribed…

A decision is final where the dispute between parties has been completely brought to an end or where the decision has finally disposed of the rights…

If a defendant's affidavit in support of the notice of intention to defend, where one is filed, or an affidavit to prop a preliminary objection as…

A liquidated demand is a debt or specific sum of money usually due or payable and its amount must be already ascertained or capable of being…

The various heads of amount in Exhibit F, the 'Bill of Charges' relied upon by the respondent, were estimates arrived at by the unilateral opinion of…

The right to fair hearing is a fundamental and constitutional right of a party to a dispute to be afforded an opportunity to present his case…

Order 6 Rule 10 of the Rules of the Court of Appeal relied upon by the respondent is only a rule of court, while section 36…

Failure to serve a process where service of process is required to be served renders any order made against the party not served with process null…

Where, however, a decision has been reached by a court and which decision, for some reasons (like in this appeal) is without jurisdiction and a nullity…

Where a court proceeds to determine the matter before it without a proper service, the proceeding would amount to a nullity. It is not only null…