Principle Archive

Every court has the duty to preserve the subject matter of litigation, especially where the appellant cannot repay the respondent if the appeal succeeds.

A mandatory injunction will lie to reverse a step already taken by a party in an interlocutory application if the step was taken to "steal a…

Obtaining an ex-parte order from a lower court while an application is pending in a higher court, with notice to the other party, is capable of…

Where information from an accused leads to the discovery of a fact, the discovery and the fact that it was made in consequence of the information…

Conviction for an offence disclosed by the evidence is permissible without re-arraignment, provided the offence arose directly from the facts of the main charge and is…

Where a person is charged with an offence but the evidence establishes another offence under the same Act, the offender may be convicted of that offence…

When an accused resiles from a confessional statement, it is his function to explain to the court the reason for the inconsistency.

A conviction may be based on a retracted confession if there is corroboration or external evidence showing it is true; the court must test the confession…

Specific performance cannot be ordered against a vendor who agreed to sell property he does not own; the court does not compel a person to do…

A sale of family property by one co-owner without the concurrence of other co-owner members of the family is invalid and void under the principle nemo…

Upon the death of a person intestate, his property devolves on and becomes the communal or family property of all members of his family.

A contract for the sale of land by a vendor who does not own the land is void ab initio; the purchaser acquires no legal or…