Principle Archive

In interpreting a statute or Constitution, the ordinary meaning of words applies prima facie. It is the duty of the court to interpret words used and…

The Supreme Court has jurisdiction to declare any other law or Act inconsistent with the provisions of the Constitution invalid and therefore null and void.

Where there are concurrent findings of both the trial court and the Court of Appeal with sufficient evidence in support, the Supreme Court will not tamper…

Where a party chooses not to call available witnesses, that omission justifies invoking section 149(d) of the Evidence Act: the evidence withheld, if produced, would be…

The standard of proof beyond reasonable doubt has not been met where there is not only a reasonable doubt but, in fact, a very serious doubt…

In civil cases, preponderance of evidence is the general rule, but subject to section 137(a) (now section 138(1)) of the Evidence Act: if the commission of…

Pleadings do not constitute evidence. Where there is no evidence in support of any pleading, that averment is deemed abandoned.

Issues must flow from the grounds of appeal; where they do not, they become incompetent and will be struck out. A respondent who has not cross-appealed…

Where a party different from the original parties was added after the expiration of the limitation period and not on an application for amendment of the…

A misnomer involves mis-description of an entity. Where there are two entities, a mistake in commencing an action in the name of one rather than the…

Where a ground complains that the tribunal failed to fulfil an obligation cast upon it by law, such a ground involves a question of law, provided…

Jurisdiction is the very basis on which any tribunal tries a case; it is the lifeline of all trials. A trial without jurisdiction is a nullity.