Affidavit evidence must deal with facts and avoid matters of inference, conclusion, legal argument, prayer, or objection. If affidavit evidence is in the form of conclusion,…

The court should act with circumspection and on clear facts that a winding-up petition is likely to succeed or contains momentous factual allegations. Discretion must be…

The appointment must take into consideration: (a) proof by affidavit of sufficient ground for the appointment (sub-rule 1); (b) the previous experience of the provisional liquidator…

A distinction must be made between when (the proper occasion) to appoint a provisional liquidator and why (the purpose) of appointing one. When depends on facts…

A judgment may be declared a nullity due to lack of statutory jurisdiction or failure to fulfil a necessary condition precedent. A distinction must be drawn…

No discretion can be regarded as judicially and judiciously exercised upon no factual disclosure or upon partial disclosure, or upon misrepresented or suppressed facts. A court…

The absence of crucial medical evidence and failure to tender the medical certificate of death raise serious doubts as to the cause of death, which ought…

Where an accused person sets up a defence of non est factum in relation to a confessional statement, what he has done is not a retraction…

The onus of proving the cause of death rests squarely on the prosecution, not the defence.

It is well settled that it is not for an accused person to prove his alibi; it is only for him to bring it forward, but…

When the defence of alibi is raised by the accused, the police have a duty to investigate in order to know the veracity or authenticity of…

Section 314 of the Criminal Code anticipates a situation where the accused is found guilty of the offence of murder or manslaughter. Where an accused is…