A finding that there is no fair hearing implies prejudice to the party who lost; the party does not need to prove any particular injury to…

Where a trial judge manifestly prejudges substantive issues during interlocutory proceedings, the proceedings become unfair and tainted, constituting a fundamental breach of procedural equality, and the…

An appeal is heard on the merits once the appellate court has considered the issue or issues in controversy in the appeal and has taken a…

Section 34(1) of the Evidence Act stipulates mandatory conditions for admitting evidence of a witness in a previous proceeding; these conditions must be observed before such…

The provisions of section 34(1) of the Evidence Act are mandatory and cannot be waived by consent; admitting evidence contrary to statutory provisions amounts to consent…

It is unlawful and incompetent for one judge to decide on evidence heard by another judge; such a practice infringes the principle that justice must not…

It is palpably wrong for one judge to write a judgment on evidence recorded by another judge; a trial must be conducted by the judge himself,…

Whether the victim is a minor or an adult, there must be proof of penetration, and that penetration of the vagina must be linked to the…

The removal of the victim's pant without more does not suffice to prove attempted rape; such acts indicate a desire and preparation for sexual connection but…

An accused cannot be convicted of an attempt to commit an offence where the prosecution has failed to prove that the intended act would have constituted…

The offender must have crossed the Rubicon and burnt his boats, meaning he must have done all he needed to do to complete the act before…

The prosecution must prove that the steps taken by the accused reached the point where they indicate beyond reasonable doubt what the end was to which…