Principle Archive

Failure to raise the defence of accident instantly until much later in a written statement shows that what was raised is not a genuine defence of…

The prosecution bears the burden of disproving the defence of accidental discharge being claimed by the appellant.

Where an accused rests his case on that of the prosecution, the implication is that he accepts that the evidence against him is exactly as stated…

A person who discharges a firearm unintentionally and without criminal malice or negligence is exempt from criminal responsibility. For an event to qualify as an accident,…

The court below was justified in holding that the trial court's decision of 12th June 1996 operated as an estoppel to bar the appellants from making…

Special damages are such as the law will not infer from the nature of the act. They do not follow in the ordinary course. They are…

Loss of profit is a specie of special damages that must be specifically pleaded and strictly proved by evidence of particular losses that are known and…

Where the main claim of a party succeeds and is granted, there is no need to consider any alternative claim. Where the main claim is abandoned,…

Special damages must be specifically pleaded and strictly proved because they are exceptional and the law will not infer them. General damages are presumed as natural…

It is settled law that the Supreme Court will not reverse concurrent findings except special circumstances can be shown by the Appellant.

By the provision of Section 141 of the Evidence Act, the burden of proving his entitlement to the defences rests squarely on his shoulders and he…

Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not…