Legal Notes

Joinder of Causes of Action O 4r1 person may begin action in person or through lawyer, body corporate shall act by lawyer, next friend or guardian for disabled person act by lawyer. In adding a Plaintiff (P), Plaintiffs (Ps) must show in SOC cause of action in each P and liability of each P made […]

Summary judgement excluded in probate, matrimonial, maritime actions but will be given in defamation, seduction, breach of promise to marry, etc. O 14 P upon proof of service of writ & SOC by affidavit and D has entered appearance obtain judgement without trial upon proof of claim by affidavit deposing to the fact that in

An independent action per Bowen LJ in Amon v Bobbert may proceed despite judgement given P in action or stayed, discontinued or dismissed, just like a statement of claim but here no writ is required failure to file defence to counterclaim results in default judgement given D, principles of statement of claim are applicable to

O 82r3 written statements in summary form of fact exchanged between parties to prove one’s claim in action with aim of ascertaining issues to be determined by a court in the action. Evidence aren’t pleaded only statement of facts. Writ and Statement of Claim (SOC) to defendant, enter appearance within 8 days, else judgement in

Whether one has a cause of action which has accrued, a cause of action accrues where there is right enforceable against a liable person, proper parties, capacity to institute action, per Akrong v Bulley since she failed to obtain LA action under the Fatal Act was nullity for lack of capacity, although she could have

Supreme Court (SC) has original and exclusive jurisdiction in interpretation and enforcement of constitution and determination of constitutionality of Act of parliament. Final appellate court, exclusive appellate jurisdiction in high treason from High Court (HC) and chieftaincy matters from the National House of CHiefs (NHC). Supervisory jurisdiction over all courts per Art 132 and review

Marital Property is simply defined as any property acquired by one spouse, or both spouses, during the subsistence / existence / pendency of their marriage. Most TV programmes, social media activists, counsellors and non-lawyers are of the view that once there is a divorce, any marital property should be shared 50:50 or equally among the

A lot of people, for various reasons, keep their bank accounts, investment accounts, lands, cars, and other properties hidden from the whole world, including their wives, husbands, siblings, friends and even children. This is a very huge mistake you cannot afford to make. This mistake is often realised in the grave, after one dies. In

It has become a nightmare for young men to get married. The greatest of the nightmares is the decision to acquire property during marriage. Whilst some men mostly do the financing and everything, some women use just the fact of their marriage to the men to own a portion of any property acquired by the

Before registering a company, these are the primary things you first need to consider: 1. The type of business 2. The business capital 3. The Company’s name 4. The Company’s Office, Address, and Location 5. The number of shareholders 6. The amount of shares 7. At least two directors 8. A secretary 9. An Auditor