Principle Archive

Before self-defence is available, it must be shown that the accused reasonably believed there was no other way of saving himself from death or grievous bodily…

Premeditated intent is incompatible with the defence of provocation, so that an accused who kills another intentionally cannot be said to have been provoked.

Before self-defence is available, it must be shown that the accused reasonably believed there was no other way of saving himself from death or grievous bodily…

Nigerian courts interpret sections 283 and 318 of the Criminal Code as impliedly requiring that retaliation must be proportionate to the provocation offered. The doctrine developed…

Premeditated intent is incompatible with the defence of provocation, so that an accused who kills another intentionally cannot be said to have been provoked.

Grounds of appeal must relate to the decision and challenge the ratio of the decision. Grounds are not formulated in nubibus (in the clouds). They must…

If a preliminary objection was upheld, the implication is that the application was incompetent. The court below, having upheld the preliminary objection, was justified in striking…

A careful perusal of the judgment of the court below leaves no one in doubt that the subject-matter adjudicated upon was the judgment of the High…

The court below, having upheld the defendant's preliminary objection, was right to have struck out the plaintiffs' application. By so doing, the appeal dated 7/5/99 had…

Before invoking Order 1 rule 20(7) of the Court of Appeal Rules, there must first be a valid notice of appeal on the final judgment. It…

Grounds of appeal, to be valid, must complain about the judgment of the court. Where grounds do not complain about the judgment, they merely gallivant in…

A valid notice of appeal can be likened to a key by which entry is gained into a house; without the right key, the door remains…