Principle Archive

An appellant will not generally be allowed to raise a question not raised, tried, or considered by the court below. However, where it involves a substantial…

Jurisdiction can be raised at any time, even for the first time in the Supreme Court, and can be raised suo motu by the court. A…

Where the findings of a trial Judge are clearly traceable to the evidence before the court, an appellate court has no jurisdiction to interfere. The person…

The remedies ordinarily available to a landlord do not include a refusal to accept the surrender of a demised property. There was clear justification for the…

Specific performance is a discretionary remedy, not granted arbitrarily. The discretion is judicial, exercised on well-settled principles. The court may take into account circumstances such as…

Where pleadings raise the issue of who the original owners of the lands were, the plaintiffs have a very heavy burden to discharge, and they can…

The Supreme Court will not interfere with concurrent findings of fact of a trial High Court and the Court of Appeal except the appellant can show…

Jurisdiction can be raised at any time, even for the first time in the Supreme Court, and can be raised suo motu by the court. A…

Where the findings of a trial Judge are clearly traceable to the evidence before the court, an appellate court has no jurisdiction to interfere. The person…

An accused person who acquiesced to an irregular procedure that did not lead to a miscarriage of justice cannot complain on the procedure on appeal.

The Supreme Court will not interfere with concurrent findings of fact of a trial High Court and the Court of Appeal except the appellant can show…

A statement made to police under caution is voluntary. To amount to a confession, it must be clear and unqualified. A confessional statement was coined by…