Principle Archive

Although judges may use their knowledge of common affairs, they may not act on their own private knowledge or belief regarding the facts of the particular…

Where evidence of an autopsy is called, failure to identify the body on which the post mortem examination was carried out as the body of the…

A judge cannot engage in translation or interpretation of documents as he cannot perform the role of a witness and a judge simultaneously. When a judge…

Where a trial commenced many years ago and witnesses have disappeared, greater injustice will be occasioned by ordering a retrial. Factors include seriousness of the offence,…

Before ordering a retrial, the court must be satisfied: (a) there has been an error in law or procedural irregularity not rendering the trial a nullity,…

In dealing with proceedings from native courts, appellate courts must not be unduly strict with matters of procedure. It is the substance of the claim that…

Where evidence given by a party was not challenged by the opposite party who had the opportunity to do so, it is always open to the…

By Nnokwa custom, the killing of a goat symbolised that the land became irredeemable and the purchaser's forever. Where a party has pleaded a custom and…

Customary law must be proved by evidence unless judicial notice can be taken. It is unsafe to accept the testimony of the only person asserting a…

An action brought against a defendant personally and later against him in a representative capacity does not create res judicata, as the parties are not the…

Section 54 of the Evidence Act provides that every judgment, whether civil or criminal, is conclusive proof, as against the parties and their privies, of facts…

For the plea of res judicata to succeed, there must be established identity of parties (or privies), identity of the subject matter, and identity of claim…