Principle Archive

Recognition evidence from a witness who knew the accused before the incident is stronger than identification of a stranger; the witness's prior knowledge adds weight to…

It is sufficient if on the face of the record it is clear that the charge was explained to the accused before he pleaded; failure to…

Where the evidence against co-accused is in all material respects the same, a doubt resolved in favour of one must be resolved in favour of the…

The accused has the onus to disclose alibi facts with necessary details and particulars at the earliest opportunity to put the burden on the police to…

The Supreme Court will not disturb concurrent findings of the trial High Court and the Court of Appeal unless they are perverse or there is a…

If the representative plaintiff falls out for any reason, the court has power to add or substitute any person represented though unnamed in the representative action…

Where proceedings are brought against two or more persons and one of them has died, the proceedings do not become a nullity; the name of the…

When an action is instituted in a representative capacity, the death of the named plaintiff does not terminate the proceedings because the action is also on…

Where a plaintiff claims more than he can prove, he is awarded the lesser amount; the key is whether the amount claimed and pleaded matches the…

The authority of a company to institute an action is presumed until the contrary is proved by the party asserting the contrary; the defendant bears the…

The relationship between a bank and its customer is contractual, described as that of debtor and creditor and principal and agent, and the bank owes a…

No person can institute an action in the name of a company unless authorised by a resolution of the board of directors or the shareholders; in…