Principle Archive

A court is only entitled to decide the issues raised on the claims before it and has no jurisdiction to decide matters not in issue.

Under Islamic law, unlike English law, parties are not competent witnesses in their respective claims, hence their statements in court would not be regarded as evidence,…

Whoever claims ownership of property in the possession of another and alleges it is part of inherited estate must establish the death of his predecessor and…

A child's paternity is not determined by physical resemblance but by the period within which the child is born after consummation of marriage. Under Maliki law,…

The door of inheritance only opens on the fulfilment of two fundamental conditions: proof of death of the praepositus (deceased) and the survival of an heir.

For circumstantial evidence to be relied upon and believed, justifying the inference of guilt of the accused, the inculpatory facts must be incompatible with the accused's…

It is incumbent on the accused to explain how the deceased who was last seen with him alive came to be dead. Lies and post-offence conduct…

Where the accused was last seen with the deceased and no explanation is forthcoming for the deceased's death, the circumstantial evidence points to no other person…

Where a defendant does not file a statement of defence, he does not join issue with the plaintiff. The court below errs in relying on exhibits…

Evidence not pleaded and on which no issue was joined cannot be admitted as further evidence on appeal. The court below errs in admitting such evidence…

Additional evidence on appeal must relate to an event that happened after the judgment, and there must be special circumstances. Where the respondent did not file…

It is essential that the testator should know and approve of the will's contents. Where the document is ex facie duly executed, the court may presume…