Principle Archive

Self-defence, where it avails an accused, justifies or excuses the act by law, rendering him not liable for the offence charged. It is a complete defence.…

In computing time, the date the motion was prepared is not relevant. The important date is the date of filing the motion. Time starts to run…

A person affected by an order that is a nullity is entitled ex debito justitiae to have it set aside. The court in its inherent jurisdiction…

A preliminary objection to the competence of an appeal must be raised in accordance with Order 2 Rule 9 of the Supreme Court Rules. Raising it…

Where an appellant fails to frame an issue from any ground of appeal filed, and the ground is not related to any issue for determination, the…

Where parties have filed briefs but are absent, the appeal is treated as argued on the briefs filed. This is also the position where only one…

An issue for determination of any appeal is derived from the grounds of appeal. Any issue not distilled from such grounds is incompetent and ought to…

A court cannot force parties to take advantage of fair hearing principles. Once the court creates the environment, its duty stops. If parties fail to take…

Where a statute requires a particular act to be performed, failure to perform it is delinquent conduct and constitutes non-compliance with the statutory provision. The consequences…

Retrospectivity means the statute's commencement date is earlier than its enactment date. Courts frown upon retrospective legislation, but they are not unconstitutional and are part of…

To determine locus standi, only the statement of claim should be examined. It must donate standing. Where the statement of claim does not show personal interest…

Where a subsequent legislation or Order revokes an earlier one, courts have no jurisdiction to rely on the revoked legislation. A revoked legislation has no force…