Principle Archive

It is settled law that whereas counsel may formulate an issue out of a ground of appeal or a combination of grounds of appeal, he is…

In considering whether a court has jurisdiction to entertain a matter, the court is guided by critically looking at the writ of summons and the statement…

Furthermore, where a court purports to exercise jurisdiction which it does not have the proceedings before it and its judgment will amount to a nullity no…

It is trite law that for a court to be competent and have jurisdiction over a matter, proper parties must be identified. Before an action can…

It is not in all situations that an agent will not be liable for the acts of a principal. An agent who has exceeded the limit…

That which a court must consider in deciding the effect of non-joinder or misjoinder of a party... the court should ask itself the following questions:-(a) Is…

Section 14 (3) reads thus: 'where a custom cannot be established as one judicially noticed it may be established and adopted as part of the law…

It is settled law that customary law is a question of fact which must be proved or established by evidence.

Equally settled is the principle that facts relevant to the proof of an issue in contention must be pleaded by the party intending to rely on…

A reply brief is necessary when an issue of law or new questions are raised in the respondent's brief of argument otherwise it is not required.

It is trite that an appellate court will not allow a fresh issue on appeal to be taken without leave as it has not been pronounced…

It is trite that courts would not visit the blunders, mistake and inadvertence of counsel on the litigant or penalize a litigant for the mistake of…