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TESTATOR MUST BE OF SOUND DISPOSING MIND – CRITERIA Cockburn CJ in Banks v Goodfellow LR 5 QB 549 at 565: "It is essential to the exercise of such a power that a testator shall understand the nature of the act and its effects; shall understand the extent https://t.co/I2xolR9hXE
WHERE OTHER FAMILY MEMBERS CONTRIBUTE TO BUILDING A PARTICULAR INDIVIDUAL LAND In Ollennu, J. in Boafo v. Staudt (1958) "By native custom, where one member of the family acquires land for himself with his own money as his individual property https://t.co/imlzY1ODJE #familyland
WHEN IS AN ISSUE HYPOTHETICAL The question learned Counsel to the appellant has invited us to decide is whether the appeal against the ruling of the trial Judge's rejection of evidence in the pending trial is a hypothetical issue. Is there a https://t.co/Blu0eJO364 #academicissue
ONLY IN EXCEPTIONAL CASES WILL COURT INTERFERE IN FINDINGS OF FACT When the appeal is predicated on the question of facts, concurrently found by the Courts below, the attitude of this Court is well settled. This Court will not interfere with https://t.co/sPjHzUxR2e #findingoffact
ACTIO POPULARIS – PUBLIC RIGHT WORTHY TO BE PROTECTED – (ECOWAS Court) In SERAP V. FRN (2010) CCJELR, PG. 196, PARA 32, & 34 the Court stated that: “The doctrine of actio popularis was developed under Roman law in order to allow any https://t.co/v2Sfabepvl #locusstandi
POSITION OF THE LAW WHERE TWO OR MORE PERSONS CLAIM A RIGHT OF OCCUPANCY OVER THE SAME LAND "The law has been settled for long that where two or more persons claim title to land or a right of occupancy over the same land, the first in time takes https://t.co/7hMTl9fUdD #coforofo
NEGATIVES OF PHOTOGRAPH REQUIRES PHOTOGRAPHER TO BE CALLED TO TESTIFY Photographs taken of the deceased's corpse are secondary evidence. They become admissible only when the negative is also tendered and their inadmissibility has nothing to do https://t.co/4aKVnC65ha #witness