Principle Archive

Where the case against an accused depends wholly or substantially on identification and the defence alleges mistaken identification, the court must closely examine the evidence, view…

The question whether an accused is properly identified as one who was a party to the commission of the criminal act is a question of fact…

Recognition may be more reliable than identification of a stranger.

Identification parade is not a sine qua non to conviction.

A preliminary objection for dismissal of a suit in limine may be made on points of law where there are no facts in dispute. The applicant…

Where disputes as to facts appear on the pleadings, a preliminary objection cannot properly be taken if facts must first be adduced or established by evidence…

A reply to a statement of defence is not required where issues are already joined on the pleadings. The statement of defence did not call for…

It is not permissible for a defendant relying on limitation to compute time from the date pleaded in his statement of defence as the date the…

The period of limitation is determinable by looking at the writ of summons and the statement of claim only to ascertain the alleged date the wrong…

It is a corollary to the general rule of literal construction that nothing is to be added to or taken from a statute unless there are…

The ejusdem generis rule is an interpretative rule which the court applies in an appropriate case to confine the scope of general words which follow special…

Even if a 1976 military appointment were equated to an election into the office of President, the 1999 Constitution does not have retrospective effect to include…