Principle Archive

Parties are considered the same for res judicata if they are privies in blood or in law, such that the cause of action could not have…

The conditions for issue estoppel are: (1) the same question was decided in earlier proceedings; (2) the judicial decision was final; and (3) the parties or…

The High Court has jurisdiction to adjudicate on an issue that is properly joined by the parties, evidence is led on it, and a decision is…

In an action in detinue, the value of the chattel claimed but not returned is assessed as at the date of judgment or verdict, not at…

The gist of liability in detinue is the wrongful detention of the plaintiff's chattel after demand for its return. In conversion, the person entitled to possession…

For the purposes of Section 90(4) of the Evidence Act, a statement in a document shall not be deemed to have been made by a person…

In all civil matters where damages have been suffered, the complainant must try in earnest to mitigate his loss. Once the plaintiff discovered he could not…

Where a man is attacked with a lethal weapon and dies on the spot, it is hardly necessary to prove the cause of death by medical…

Even if the accused did not intend to cause death, if he at least intended to cause grievous bodily harm, the offence is murder under Section…

The defence of self-defence is not available where the deceased was not the aggressor and the accused was the one who initiated the violence.

Where the entire appeal revolves around issues of fact and there is nothing in the records to show that the findings of the lower courts were…

A court is concerned with the law as it is, not as it ought to be. It cannot ascribe meanings to clear, plain, and unambiguous provisions…