SUBJECT MATTER :Land Law.
Declaration of Title to land –what the claimant must prove to succeed.
Declaration of Title to land- Standard of proof ; preponderance of evidence .
Declaration of Title to land-Traditional history/ evidence of ownership; need to support same with contemporary events.
Declaration of Title to land- Effect of Section(45) now 46 of Evidence Act: whether same is conclusive proof of ownership of land.
Practice and procedure-concurrent findings of lower courts: when the Supreme Court will not tamper with same.
Practice and procedure-Grounds of appeal whether grounds of law ,facts or mixed fact and law: how distinguished.
“Credibility precedes demeanour …traditional history is usually centuries old. It is passed down by word of mouth. Memories fade with time. There is bound to be unintentional mistakes when a witness says what he was told by his father or grandfather. The witness believes he is telling the truth. Surely demeanour cannot be of much use in such a situation..”
Bode Rhodes –Vivour ,JSC