Principle Archive

Although no particulars of negligence were specifically pleaded in one particular paragraph, the facts averred in other paragraphs clearly contained the required particulars of negligence, rendering…

Although an honest and reasonable mistake of fact may be excusable under the defence of justification, a mistake of law is not so excusable.

The constitutional and statutory defences implied in section 33(2)(b) of the 1999 Constitution and Section 7(1) and (2) of the Criminal Procedure Law cannot avail the…

"For the defence of provocation to avail the accused, the act or utterance of the deceased must be directly offered or directed against the accused. A…

An award of damages can only be upset or interfered with by an appellate court if it is shown that the trial court acted on wrong…

It was wrong for the court below to suo motu increase an award made by the trial court when there was no cross-appeal on that point,…

Where the trial court's findings are perverse or it misuses documentary evidence beyond its evidential value, the appellate court must re-consider, re-assess, and apply the evidence…

Where a trial court failed to consider the defence of an accused person, an appellate court can consider such defence with all available evidence on the…

The consequence of a retrial order or a de novo trial is that the whole case must be retried as if no trial whatsoever had been…

The real test for determining finality is: Does the judgment or order finally dispose of the rights of the parties? If it does, it is final;…

The Supreme Court will not interfere with concurrent findings of the lower courts on issues of fact except where there is established a miscarriage of justice,…

A court does not award what is not sought or claimed by a party.