Principle Archive

By Section 31 of the Court of Appeal Act, an 'appellant' is defined to mean any person who desires to appeal or appeals from a decision…

Apart from the exception stated supra in relation to admission of facts for judgment in default of pleadings, there is the specific principle of law that…

A claim for damages is always deemed to be in issue. Any allegation that a party has suffered damages and as to the amount is deemed…

The rule of audi alteram partem means no more than offering each party opportunity to be heard. If after affording a party opportunity to be heard…

Having come to the conclusion that the decision of the trial court in issue is a final one as opposed to an interlocutory decision, it follows…

A judgment in default of pleadings that has completely put an end to the action between the appellant and the respondent qualifies as a final judgment…

A ground of appeal and/or issue for determination which does not derive from the judgment appealed against is incompetent.

Where several persons are tried together, separate verdicts must be returned for each accused and each count. However, failure to do so will not result in…

A confessional statement is the best evidence in our criminal procedure. It is a statement of admission of guilt by the accused and the court must…

In the absence of contrary evidence, when the charge is read to the accused, he pleads, the court records his plea, and proceeds to trial, the…

The law presumes that the learned trial Judge complied with section 215 CPL. While the presumption is rebuttable, the burden of rebuttal falls on the appellants.

A person convicted for murder and sentenced to death whose appeal is dismissed by the Court of Appeal is deemed to have appealed further to the…