Principle Archive

Section 149(d) provides for evidence, not witness. The prosecution has the liberty to pick witnesses and not be foisted with any particular witness. As long as…

If the evidence of a witness is very essential to the defence of the accused, it is for the accused to call him. The prosecution is…

Under Section 112(a) of the Armed Forces Decree, knowledge on the part of the accused that the document was a forged one is enough to ground…

The burden of proof in respect of granting an interlocutory injunction is on the applicant. This is because the applicant is the person that the judgment…

Section 138 of the Electoral Act is a transitional or transient provision designed to take care of a contingency which will definitely phase out on the…

Where elaborate arrangements including invitations to foreign dignitaries have been made for an event, the balance of convenience does not favour granting an injunction to suspend…

Courts do not act in vain but for a purpose, and the purpose must exist and be identifiable. Courts do not embark on academic exercise because…

Where an appeal has been overtaken by events and the event sought to be prevented has already occurred, the appeal is incompetent and will be dismissed…

Where the trial court based its exercise of discretion on matters extraneous to the issues before it, or failed to take relevant facts into consideration, the…

The Governor can revoke a right of occupancy only for overriding public interest. The holder must be notified in advance. Revocation does not include vesting it…

Section 5(2) may defeat existing rights to use and occupation but not vested rights unless such vested rights are first revoked under section 28 of the…

The right to use and occupation is one incident of a statutory right of occupancy, not the whole. The title holder has, apart from use and…