Principle Archive

By the combined effect of these provisions a valid arraignment of an accused person must satisfy the following requirements: (1) The accused shall be placed before…

The onus is on the accused person to rebut the guilt based on circumstantial evidence but this is merely on the basis of preponderance of probabilities.

In a criminal case the burden is always on the prosecutor to prove the guilt of the accused beyond all reasonable doubt. Generally, there is no…

When strong circumstantial evidence is led against an accused person in a criminal trial and this gives rise to the drawing of a presumption or inference…

Any evidence led by a party which is in conflict with the party's pleading goes to no issue and should either be discountenanced or expunged by…

This court had long before now clearly decided that there is a difference between a grant and a settlement. For while a grant comes from a…

In nullifying the joinder, the Court of Appeal (England) quoted with approval the dictum of Greer L. J. in Mabro v. Eagle Star & British Dominions…

It is thus quite clear that if the writ and the statement of claim are amended as prayed, the court will not be in a position…

In law, to amend any legal process affords a party — whether a plaintiff or defendant and even the appellant or respondent on appeal — to…

Where an amendment is intended to overreach; or it will entail injustice to the respondent or that the applicant is acting mala fide; or that by…

I am inclined to the view held fast by learned counsel for the respondent that the amendment the application sought, was one that was designed against…

The Court of Appeal declined to grant the amendment sought because it would enable the plaintiffs to set up an entirely new case than they canvassed…