Principle Archive

A court cannot set aside a judgment that is already on appeal to the Court of Appeal, as that would tantamount to taking the shine off…

Counsel must argue his client's case convincingly and assist the court with authorities. Counsel should not surprise his opponent by failing to cite authorities and relying…

There is abuse of process when a party improperly uses judicial process to irritate and annoy his opponent, such as instituting a multiplicity of actions on…

Abuse of process is a proceeding wanting in bona fide, frivolous, vexatious, or oppressive. It also means abuse of legal procedure or improper use of legal…

Where a party duplicates a court process, the more current one which results in the duplication is regarded as an abuse of the court process.

Where a conveyance is made in professed exercise of the power of sale, the purchaser's title shall not be impeached on the ground that no case…

The mortgagee selling under a power of sale must act in good faith and observe reasonable precautions to obtain not the "best price" but "a proper…

Undervalue alone is not enough to vitiate a mortgagee's exercise of power of sale. It must be shown that the sale was made at a fraudulent…

A Medical Officer in the service of a state undertaking a post-mortem examination is a pathologist, and his report is the certificate envisaged by section 41(1)(a)…

Medical evidence as to the cause of death is not an invariable essential requirement in all homicide cases. In the absence of medical evidence, the court…

A subsidiary legislation has the force of law. Under sections 72 and 73 of the Evidence Act, the court is obliged to take judicial notice of…

In road traffic offences, the slightest negligence on the part of the accused is sufficient to sustain a conviction.