Commercial Law Index

Two parties both claimed ownership to land, both believing they were first to cultivate the land. The court considered an appeal from a judgment that held neither the appellants or respondents were entitled to land in dispute. When the matter was appealed, it was remitted back to the trial court. There was a dispute over the lower court’s decision to remit the case to the trial court to consider the evidence.

The court held that the court has no power to grant a party relief that was not pleaded. However, an appellate court has the inherent power to order a retrial or remittance of a case for whatever purposes, even if this was not pleaded. In this case however, the court held that the previous appellate court was wrong to remit the case back because the trial court had already evaluated the evidence.

The court emphasised that the court must not absolve itself of its duty to carefully evaluate evidence and determine a matter on its merits. The burden of proof lies on the person who alleges, and he must lead credible and cogent evidence to support his claim.

The court held that the applicant had not proven their claim to the land and the respondent, who led credible and cogent evidence about the ownership of the land, was entitled to the property in question.

The matter involve a ruling of contempt of court against the third and fourth respondents for their conduct in attacking the Chief Justice with an accusation of bias.

The court emphasised the importance of judicial independence as enshrined in the Constitution as a necessary element in maintaining judicial dignity and effectiveness, attributes that are crucial in upholding the democratic enterprise. Any attempt to disrespect the courts therefore amounts to an attack on the role of the courts and the community at large.

The court also emphasised the right to criticise the judiciary and its circumspection in exercising its power to charge citizens with contempt. However, should the conduct be of such gross a nature as to indicate a calculated attack, as in the present matter, the court would not refrain from the charge.

The court, however, acknowledged the harsh nature of the summary powers to charge for contempt, powers it accepted required circumspection. Nevertheless, the court considered the need to send a message to remind people to refrain from crossing the line between utilizing their freedom of expression and attacking the dignity of the court. It also invoked the principles of state policy which place duties to the citizenry to ensure the exercise of their freedoms upheld fundamental democratic principles. In the view of the court, the contemnors in question had dismally failed the above and therefore they were sentenced for contempt.