Principle Archive

The applicant for an interlocutory injunction must show that there is a serious question to be tried, that damages would not be an adequate remedy, and…

An appellate court should not make pronouncements on the merits or otherwise of the substantive case when determining an interlocutory application. Such comments are discouraged and…

Issues for determination formulated in an appeal must be limited, circumscribed, and fall within the scope of the grounds of appeal filed. They cannot raise issues…

Where an accused person strikes the deceased on the head with an iron rod, a deadly weapon, and death results, the accused must be taken to…

For a conviction of murder to stand, the prosecution must prove beyond reasonable doubt that the accused caused the death of the deceased by an unlawful…

Where the accused was the aggressor throughout the incident, the defence of self-defence is not available to him.

The defence of provocation is not available to an accused person who was himself the aggressor. Where the evidence shows that the accused provoked the quarrel…

Courts of law do not deal with hypothetical matters. Submissions based on hypothetical matters not founded on any evidence before the court or inferences drawn from…

This court will not interfere with concurrent findings of fact by the two lower courts unless such findings are shown to be perverse or not supported…

There is a failure of justice not only where the conviction was wrong, but also when the error or omission may reasonably be considered to have…

When a document written in any language other than English is to be put in evidence, it must be translated into English. The interpreter must be…

Where a statement contains both incriminating and exculpatory parts, the court must consider the whole statement together and cannot pick and choose only the incriminating parts…