The defence of provocation is not available to an accused person who was himself the aggressor. Where the evidence shows that the accused provoked the quarrel…

Courts of law do not deal with hypothetical matters. Submissions based on hypothetical matters not founded on any evidence before the court or inferences drawn from…

This court will not interfere with concurrent findings of fact by the two lower courts unless such findings are shown to be perverse or not supported…

There is a failure of justice not only where the conviction was wrong, but also when the error or omission may reasonably be considered to have…

When a document written in any language other than English is to be put in evidence, it must be translated into English. The interpreter must be…

Where a statement contains both incriminating and exculpatory parts, the court must consider the whole statement together and cannot pick and choose only the incriminating parts…

Although judges may use their knowledge of common affairs, they may not act on their own private knowledge or belief regarding the facts of the particular…

Where evidence of an autopsy is called, failure to identify the body on which the post mortem examination was carried out as the body of the…

A judge cannot engage in translation or interpretation of documents as he cannot perform the role of a witness and a judge simultaneously. When a judge…

Where a trial commenced many years ago and witnesses have disappeared, greater injustice will be occasioned by ordering a retrial. Factors include seriousness of the offence,…

Before ordering a retrial, the court must be satisfied: (a) there has been an error in law or procedural irregularity not rendering the trial a nullity,…

In dealing with proceedings from native courts, appellate courts must not be unduly strict with matters of procedure. It is the substance of the claim that…