Principle Archive

Order 36 rule 1 of the High Court Civil Procedure Rules of Lagos State requires that the judge shall, at or after trial, deliver judgment in…

Where the matter on which an interlocutory appeal is brought has been overtaken by events because the trial of the substantive action has been completed and…

Except in very exceptional circumstances, the court will no longer direct or order that non-compliance with the Rules, such as failure to appeal within the time…

An appellate court will not interfere with the exercise of discretion by a lower court when such discretion has been exercised judicially. Interference is only justified…

Mere lying by an accused person is not evidence of guilt. The prosecution must still prove the guilt of the accused beyond reasonable doubt.

Where one prosecution witness contradicts another on a material point, the prosecution ought to lay a foundation, such as showing that the witness is hostile, before…

In determining whether the defence of private defence can succeed, the evidence adduced by the defence must be compared with that adduced by the prosecution to…

If an accused has been attacked and apprehends that the deceased was going to cause him grievous hurt or death, the defence of private defence is…

Without the principal accused being guilty of the offence charged, a co-accused cannot be held guilty under the provisions of common intention (section 79 of the…

An applicant for a stay of execution must show special or exceptional circumstances because the court will not make a practice of depriving a successful litigant…

It is not correct to say that the merit of the substantive appeal is irrelevant when considering a stay of execution. Where the grounds of appeal…

An appellate court errs in striking out paragraphs of an affidavit under sections 85, 86, and 87 of the Evidence Act if the paragraphs comply with…