Principle Archive

In deciding whether an order is final or interlocutory, the test looks at the decision or order made, not at the nature of the proceedings. The…

Where a party is entitled to notice of a proceeding and there is failure to serve him, the failure is a fundamental defect which goes to…

A judgment debtor is entitled to be put on notice of a motion to attach and sell his immovable property. Failure to do so is a…

An ex parte motion is inappropriate where the interests of the other party will be adversely affected, except in cases of extreme urgency and for a…

It is proper for the court to grant an injunction to support a legal right. Where the legal right of the respondents to the land in…

A customary tenancy granted for a specific period, such as a farming season, comes automatically to an end when the purpose for which the grant was…

Where a written document contains a statement that parties have settled out of court but does not state the terms of settlement, oral evidence as to…

An applicant must show by affidavit evidence good and substantial reasons for failure to appeal within time, and that his grounds of appeal prima facie show…

The time for giving notice of appeal will not be extended merely because there was delay in obtaining a certified copy of the judgment. An appellant…

One solitary witness, if believed, can establish a murder charge. The sworn evidence of a child need not be corroborated, but the judge should warn himself…

Competency is a matter of understanding, not age. If a child understands the nature of an oath, section 183 of the Evidence Act becomes irrelevant. The…

Where an alibi is set up by an accused, the onus of establishing guilt is still on the prosecution, but the evidential burden is on the…