Introduction Rules of court comes within the ambit of subsidiary legislation. Because it is a subsidiary legislation, our courts over the past two decades have ruled in legion of decided cases that any slip, mistake in any rules of procedure in civil litigation should be regarded as an irregularity but cannot nullify proceedings. In view...
Introduction Presumption of advancement is a legal presumption that arises in various forms. It simply means a transfer of property or money from husband and child and also from husband and wife. The issue of whether the transfer of the property was to be construed as a gift or as a resulting trust is a...
INTRODUCTION The recent decision of the Supreme Court in Martin Kpebu v Attorney-General has finally settled the law on the grant of bail and other related offences stated under section 96(7) of Act 30 as amended by section 7 of the Criminal Procedure Code (Amendment Act, 2002 (Act 633) and as further amended by section 41(1) (a)...
Introduction The venerable Lord Denning in his seminal book, the Closing Chapter, Butterworth’s, 1983 at page 93 on the legislative approach or purposive approach in the construction of statutes as: “…..The judges ought not to go by the letter of the statute. They ought to by the spirit of it. As to what is meant by...