Principle Archive

The character of a ground of appeal does not depend on the label counsel gives it; a ground of mixed law and fact is not converted…

A challenge to the exercise of judicial discretion necessarily raises issues of mixed law and fact because the appellate court must look at the surrounding circumstances…

Undisputed facts lead to a question of law only where there are authoritative predetermined rules of law that govern the conclusion from such facts; otherwise, the…

A question of fact is any question determined by admission or evidence rather than by authority and argument, by the jury or judge sitting as jury,…

Generally considered, the term "question of law" is capable of three different meanings: first, a question the court is bound to answer in accordance with a…

In appeals to the Supreme Court, leave to appeal must be obtained from either the Court of Appeal or the Supreme Court before an appeal can…

A ground of appeal consists of the error of law or fact alleged by an appellant as the defect in the judgment appealed against and relied…

It is recognised in West Africa that persons with the same interest in a land dispute often range themselves on one side or the other; if…

It is not only necessary to show that the cause of action was the same but also that the plaintiff has had an opportunity of recovering…

The conditions for application of issue estoppel are: (1) the same question was decided in both proceedings; (2) the judicial decision said to create the estoppel…

In dealing with proceedings from Native or Customary Courts, appellate courts must not be unduly strict with regard to matters of procedure; the substance of the…

The rule is that the "larger" will always include the "smaller", and not the other way round; res judicata cannot apply to a larger land area…