Principle Archive

Establishing the identity of the land in dispute is a sine qua non for a declaration of title; however, where both parties know the land, neither…

Courts have powers to correct their own technical errors or slips of pen; such powers are exercisable in both criminal and civil proceedings, and the Supreme…

A retrial will not be ordered if it would be an exercise in futility, for example, where the evidence of the sole witness is insufficient to…

The purported plea recorded by the trial judge that does not satisfy the conditions laid down in Section 215 is a mockery of what a plea…

By convention, a plea of guilty is never recorded for an accused in a murder case even when he so pleads in error; a plea of…

Non-compliance with Section 215 of the Criminal Procedure Law and Section 33(6)(a) of the 1979 Constitution vitiates the trial and renders the whole trial null and…

The requirements of Section 215 of the Criminal Procedure Law are mandatory: the accused must be placed before the court unfettered, the charge must be read…

The test is to examine whether the grounds reveal a misunderstanding or misapplication of the law to facts already proved or admitted (question of law), or…

A judgment is limited to the rights of the parties in the case and does not bind parties outside that group, even if the same issues…

No action for recovery of land shall be brought after the expiration of twelve years from the date on which the right of action accrued.

On the expiration of the period fixed by the Limitation Decree for any person to bring an action to recover land, the title of that person…

What is to be pleaded are facts and not the law relied upon; a defence founded on the statute of limitations is a defence of law…