Principle Archive

Under section 178(2) of the Evidence Act, accomplices' evidence can be used against a co-accused without more, but the court must exercise caution. A conviction based…

Common intention is incapable of positive proof. Its existence can only be inferred from the circumstances disclosed.

In a criminal trial, the court is bound to consider not only defences specifically raised by the accused but also all such evidence and defences that…

Where witnesses testify that each village owns its own portion and no village can sell another's portion, the land is not communal. Only the constituent villages…

Although the trial court granted leave to sue in a representative capacity, this requirement is not even a necessary condition. Where evidence reveals that communities represented…

Where each village owns its own portion of land, appellants do not have common interest. Separate actions should be brought in respect of respective portions of…

Essential requirements for representative actions: (i) numerous persons interested; (ii) same interest (joint and several); (iii) same grievance; (iv) proposed representative is one of them; (v)…

Where an action is not competent or properly constituted, it robs the court of jurisdiction. A judgment delivered without jurisdiction is a nullity however well conducted.

Fair hearing under section 36 of the 1999 Constitution protects all parties—plaintiffs and defendants alike. It would be oppressive to interpret it as conferring protection on…

A trial court has power to exercise discretion in the judicial process. As long as the discretion is exercised judicially and judiciously, an appellate court cannot…

The peremptory language of command, "shall," is clear. The trial judge properly invoked the rule by dismissing the suit instead of striking it out.

A plaintiff not ready to pursue his suit with diligence has no business bringing such case to court. The time of the court is valuable and…