Principle Archive

The purport of an appellant reply brief is to address new issues that may have arisen from the respondent's brief of argument, and provide answers to…

A Statement of Claim supersedes a Writ of Summons. In determining either the jurisdiction of the court to entertain and determine the suit, or whether a…

So long as a court acquires jurisdiction before delivering judgment, its decision cannot be attacked on the ground of want of jurisdiction. Consequently, the time to…

The cardinal principle of the law is that for issue estoppel per rem judicatem to operate and succeed the party relying on it must establish the…

The cause of action is the infringement of the plaintiff's registered trade mark and passing off. By virtue of Section 251(1)(f) of the 1999 Constitution of…

Parties are bound by the contract to which they subscribe. The award in my view overlooks the fact that parties had themselves pre-fixed the limit of…

It is settled law that the parties are bound by their agreement freely entered into. No party would therefore be permitted to go outside it for…

The guide in the determination of jurisdiction of a court is the subject matter of the claim as endorsed in the writ of summons. I have…

I think it is without dispute that this is an action for breach of contract. It is now settled law that section 2 of the Public…

Issues for determination in any appeal must not only be related to or arise not only from the grounds of appeal filed by the appellant or…

Where the evidence of a Plaintiff is unchallenged and uncontroverted and particularly, where the opposite party or side, had the opportunity to do so, it is…

A matter not raised at and decided by the Court of Appeal may not ordinarily be raised in the Supreme Court for the first time without…