Items filtered by date: Monday, 04 March 2024
GROUND(S) OF APPEAL - Whether a competent issue for determination can arise from an incompetent ground of appeal
HELD:
"An issue for determination, in an appeal, must arise from a competent ground of appeal.
DECLARATORY RELIEF(S) - Whether a plaintiff seeking declaratory reliefs must rely on the strength of his case and not on the weakness of the defence
HELD:
"Furthermore, the 1st respondent sought for the grant of a declaratory relief and an injunctive relief which was dependent on the grant of the declaratory relief.
BURDEN OF PROOF/ONUS OF PROOF - On whom lies the burden of proof in civil cases; when such burden will shift
HELD:
BURDEN OF PROOF/ONUS OF PROOF - Whether a party seeking declaratory reliefs must establish his entitlement to the reliefs upon the strength of his own case; whether same is granted on admission
HELD:
"In the light of the foregoing, I wish to further reiterate the already well-established position that declaratory reliefs are not granted even on admission by the defendant.
EVALUATION OF EVIDENCE - Duty of trial Court to evaluate evidence and ascribe probative value; circumstance(s) in which the appellate Court will/will not interfere with the evaluation by the trial Court
HELD:
"The position of the law is well settled that the evaluation of evidence and ascription of probative value to evidence are the primary duties of the trial Court which had the advantage of seeing and assessing the credibility of the witnesses.
INTERFERENCE WITH EVALUATION OF EVIDENCE - Circumstance(s) when an Appellate Court will not interfere with evaluation of evidence made by a Trial Court
HELD:
DECLARATORY RELIEF(S) - Principles governing the grant of declaratory reliefs
HELD:
"Above all, declaratory reliefs are not granted as a matter of course and on platter of gold.
EVALUATION OF EVIDENCE - Whether evaluation of evidence and ascription of probative value is a primary function of the trial Court; duty of the Court of Appeal as it relates to same
HELD:
INTERFERENCE WITH EVALUATION OF EVIDENCE - Circumstance(s) when an appellate Court will interfere with evaluation of evidence made by a trial Court
HELD:
"I am of the firm view that the trial Court's analysis of the evidence on record is potent and free from misapprehension.
DISENFRANCHISEMENT - What constitutes disenfranchisement of voters and how it can be established
HELD:
"Talking about disenfranchisement, a voter is disenfranchised when his right to vote is denied him.
