Principle Archive

A reply becomes necessary when the plaintiff proposes to lead evidence in rebuttal or set up an affirmative case in answer to the defence, or raise…

It is settled law that a plaintiff can succeed in a claim for damages for trespass and injunction even where his claim for a declaration of…

Where there are concurrent findings of fact by the trial court and the Court of Appeal, the Supreme Court does not disturb such concurrent findings unless…

When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act…

Where an accused raises alibi promptly with necessary particulars, the prosecution has a duty to investigate it. However, where the prosecution adduces cogent evidence of the…

Where the incident happened in broad daylight with no obstruction of view between the witnesses and their assailants, and the witnesses knew the accused persons before…

The defence of accidental discharge is rebutted by clear evidence that the shooting was willed, deliberate, and intentional. The trial court's findings of fact on this…

A witness related to the deceased is not automatically a tainted witness. A tainted witness is either an accomplice or a witness who by his evidence…

The evaluation of evidence and ascription of probative value are primary functions of the trial court. Where the trial court unquestionably evaluates the evidence and justifiably…

Where the evidence shows that the accused moved backwards to take aim before firing, the shooting was premeditated and not sudden or accidental, establishing the necessary…

The plea of bona fide purchaser for value without notice is useless where the deed of purchase or the transaction transfers no estate or title.

Proof of forgery in a civil case requires evidence that satisfies the court beyond reasonable doubt, as required by section 138 of the Evidence Act.