Principle Archive

A person protected under Section 308 of the 1999 Constitution can be investigated by the police for an alleged crime; to hold otherwise would create a…

The word 'otherwise' in Section 308(1)(b) of the 1999 Constitution refers to any lawful process or command having the same effect as a process of court,…

Criminal proceedings do not include police investigation; investigation is not criminal proceedings, and the immunity provision does not bar investigation of a protected person.

There cannot be a proper case for mandamus if an essential ingredient forming the background to the public duty is not supported by evidence; absence of…

An applicant for mandamus must have a specific legal right to enforce or a sufficient legal interest, more substantial than the general interests of other members…

Mandamus is a high prerogative writ to secure performance of a public duty; it is discretionary, and the court may refuse it if it would serve…

The principle in Kojo v. Bonsie is that the trial judge should evaluate competing versions of traditional evidence and test the veracity thereof by reference to…

Reference to a fact that was not pleaded goes to no issue and ought to be ignored.

A trespasser on land can maintain an action for trespass against anyone, except the true owner, who interferes with his possession.

A claim for trespass is not dependent on a claim for declaration of title; the issue is whether the plaintiffs established actual possession and whether the…

A trial court does not walk the principle in Kojo v. Bonsie on its head simply because it resolves conflicting traditional histories by reference to recent…

A challenge to the improper exercise of discretion raises a question of mixed law and fact; therefore, leave must be obtained to appeal from a decision…