Principle Archive

A prima facie case means there is a ground for proceeding. It is not the same as proof, which comes later when the court has to…

A submission of "no case" to answer may be properly made and upheld: (1) when there has been no evidence to prove an essential element in…

The meaning of a submission that there is no case for an accused person to answer is that there is no evidence on which, even if…

While it is not the aim to discourage a judge from discussing matters of interest, it is wiser to be brief and make no observations on…

It by no means follows that because the defendant's case is rejected the plaintiff is entitled to judgment. A plaintiff is only entitled to judgment if…

A court is without power to award to a claimant what he does not claim and/or prove. A court in civil cases does not make a…

It is improper and not within the right of the appellants or their counsel to formulate an issue not raised in the ground of appeal.

The purpose of issues for determination is to enable the parties to narrow the issues in the grounds of appeal filed in the interest of accuracy,…

Particulars of error of an incompetent ground of appeal cannot resuscitate the ground of appeal which had been struck out.

Under section 219 of the 1979 Constitution, only the Court of Appeal has jurisdiction to hear and determine appeals from the High Court. The Supreme Court…

As a general rule, the Supreme Court does not normally disturb concurrent findings where there is sufficient evidence to support them. Granting a relief not claimed…

The Supreme Court will not interfere with concurrent findings of fact where there is sufficient evidence in support and where there is no substantial error apparent…