Introduction It is common knowledge that capacity is a fundamental legal principle in the commencement of any legal suit, the lack of which strips a plaintiff of his or her locus. For many years, the law as established in the case of Akrong & Another vrs. Bulley (infra) had been that a plaintiff who issued a...
Introduction Disputes and in effect litigation, are aspects of life that have been in existence since the days of old. The earliest form of a dispute is seen in the Bible in Genesis Chapter 13 versus 5-8 where a dispute arose between Abram and Lot over who should occupy the land which they found themselves...
1.Introduction It is the dream of every Government for every citizen of that country to have a home or a job. Having a home or a job means that you will either have a residential address or an occupational address. The situation of men being homeless is unfortunately not a new development. Even the Lord...
1. Introduction Injunction applications are very common before trial courts. In litigation over land, the Plaintiff often files an injunction application almost at the same time that she files the Writ of Summons and Statement of Claim. The High Court’s jurisdiction to entertain injunction applications pending the final determination of a matter raises is without...
The supreme court has stressed that nothing prevents a court from electing to hear and decide on its merit a motion that has not been moved. In The Republic v Court of Appeal, Ex Parte: Eastern Alloys Company Limited[1], the applicant invoked the supervisory jurisdiction of the Supreme Court seeking both certiorari and mandamus to issue against...
What do you do when you follow all the procedural rules of law and it’s an administrative process that brings your case crashing down? Hypothetically speaking, let’s say you are lawyer for the plaintiff in a breach of contract case against three defendants. You listen to the story of your client. You are convinced your...
In a criminal case, a judge may make orders such as the payment of money or the return of property found to have been stolen by the accused person. This is what is referred to as restitution in criminal procedure. Traditionally, a judge in a criminal case could only make restitution orders against an accused...