Principle Archive

Absence without leave constitutes gross misconduct justifying instant dismissal. A more lenient posture of termination instead of dismissal is proper.

Paragraph 4202 of the Federal Civil Service Rules provides that any officer who absents himself from duty without leave renders himself liable to be dismissed from…

The rule is that every pleading must state facts and not law. A plaintiff who wishes to prove that a particular law applies must state the…

A fact which is not denied is deemed to have been admitted. Apart from the evidence led, the fact that an averment was not denied is…

The determination of whether issues are negotiated or admitted is a question of fact. While admission is a matter of law, the circumstances leading to the…

A statement made by counsel in open court comes within the definition of admission under Section 19 of the Evidence Act. Counsel can make an admission…

The main aim of a statement of claim is to convey the claim concisely to the defendant so that he can file a defence. It is…

Section 16 of the Court of Appeal Act gives the Court of Appeal amplitude of power to deal with any case before it on appeal, including…

Where evidence shows that a switch was left on while equipment was being serviced, and the motion gear was negligently positioned, the defence of inevitable accident…

The onus is on the party who raises the defence of inevitable accident to lead evidence to substantiate it.

There is no known means of medically assessing the intensity of pain a person is going through. Medical evidence can describe the nature of the injury…

The purpose of trials is to establish the justice of a case as soon as possible. Sending a case back for retrial is not appropriate where…