Principle Archive

After dismissing a stay application, the court may make consequential orders preserving the res pending appeal; such orders do not detract from the dismissal and are…

An applicant seeking a variation of a conditional stay must suggest alternative terms or show reasons why he cannot meet the prescribed conditions, such as by…

The law that the court does not make a practice of depriving a successful litigant of the fruits of his litigation, and locking up funds to…

Matters that may constitute special circumstances include the plaintiff's inability to refund the money if the appeal succeeds, or that the appeal has great merit and…

A judgment that is patently flawed upon a fundamental vice or obviously null and void on jurisdiction can be a special circumstance warranting a stay, as…

The special circumstances that entitle a court to stay execution of a judgment are those that go to the enforcement of the judgment, not those that…

A litigant applying for a stay of execution must show special or exceptional circumstances, pleading eloquently the balance of justice weighing in his favour, though what…

A stay of execution will only be granted if there are special or exceptional circumstances to warrant it, as a judgment is presumed correct; special circumstances…

The judge should direct the jury to examine the circumstances of identification: how long the witness had the accused under observation, at what distance, in what…

When a case depends wholly or substantially on identification evidence, the judge must warn the jury or himself of the special need for caution before convicting,…

Recognition may be more reliable than identification of a stranger; but even when the witness is purporting to recognise someone whom he knows, mistakes in recognition…

Where witnesses recognised their assailants in such an impromptu manner as to make any formal identification a mockery of the system, a formal identification parade is…