Principle Archive

The question of absence of jurisdiction is a threshold issue of the greatest importance. It must be looked into first or at the earliest opportunity. Any…

Until evidence is led and the registered declaration pleaded by the defendant is tendered before the court, the question whether or not the provisions of section…

The issue of jurisdiction is a threshold issue that can be raised at any stage, even for the first time on appeal, without leave. The Court…

A trial judge is duty bound to examine the pleadings, the relevant chieftaincy declaration, and the applicable edict to see if the reliefs sought are outside…

A party to proceedings before the court below possesses the right to appeal against decisions made in those proceedings. If a party would have benefited from…

Where the evidence against two accused persons in a criminal case is in all material respects the same and a doubt is resolved by the trial…

Where co-accused persons ought not to have been discharged but their case is not before the Supreme Court (no appeal against their discharge), the court cannot…

Where two or more persons are charged with an offence and the evidence against all accused persons is the same or similar to the extent that…

For a conviction to stand against an appellant where a co-accused is acquitted, there must be additional evidence incriminating the appellant. If the convicting evidence is…

The duration of a right or cause of action is necessarily limited and does not last till eternity. It lapses after the limitation period prescribed by…

The Supreme Court will not interfere with concurrent findings reasonably justified and supported by evidence. However, where findings are perverse, patently erroneous, or based on wrong…

Since the court below agreed that courts had no jurisdiction, it would amount to a futile exercise to order re-admission of a document. The only justification…