The moment a court rewrites a statute, the intention of the lawmaker is thrown overboard and the court changes place with the lawmaker. That is against…

Foreign authorities of the greatest learning cannot supplant domestic case law that is rightly decided on issues coming before the court. Foreign decisions will continue to…

One main objective of section 97(2)(c) of the Evidence Act is to ensure the authenticity of the document tendered vis-a-vis the original. This is in addition…

Section 97(2)(a) of the Evidence Act anticipates private documents, while section 97(2)(c) provides for public documents. Private documents are all documents which are not public documents…

The only acceptable secondary evidence of a public document is a certified true copy. Section 97(2)(c) of the Evidence Act provides that no other kind of…

The use of the word "fraudulently" can be accommodated under the ejusdem generis rule to stand in for the word "otherwise" as used in section 19(1)(a)…

The jurisdiction conferred on a High Court under section 46 of the 1999 Constitution is neither a supervisory jurisdiction nor the powers of judicial review. It…

When an inferior tribunal acts in disregard of the ex post facto clause, the person affected has a remedy under section 46 of the 1999 Constitution.…

When the proper conditions for making a reference under section 295(2) are present, the court has no discretion. It is bound to make the reference. Whether…

Jurisdiction is fundamental to any decision. A decision reached without jurisdiction cannot constitute res judicata or issue estoppel. An ouster clause does not protect a nullity…

A final decision of an inferior tribunal cannot foreclose the enforcement of a constitutionally entrenched right. No court or tribunal has jurisdiction to convict for an…

The manner in which the court is approached for the enforcement of a fundamental right is hardly objectionable once it is clear that the originating court…