Principle Archive

A cause of action arises when there is in existence, a person who can sue and another who can be sued, and when all the facts…

In a consolidated action, both parties are plaintiffs and in this case, each is claiming declaration of title to the pieces of land in dispute. The…

Section 77(d)(ii) of the Evidence Act reads: '(d)(ii) If oral evidence refers to the existence or condition of any material thing other than a document, the…

In the proceedings on appeal, there is no serious conflict in the evidence of the plaintiffs with that of the defendants as was the case in…

Where the parties are not the same and the facts are at large, determining where the balance of probability tilts is dependent on a new set…

As to foreknowledge of the facts, no one can doubt that foreknowledge of primary facts disqualifies a Judge. However, in this case I do not think…

Substantive unfairness arises where the Judge approaches his adjudicative function with a mind closed or a mind influenced by considerations other than the facts in evidence…

The burden is on the defendants to show that the adjudication by Ichoku, J. complained of led to a failure of justice. In other words, the…

Fair hearing in this context involves (i) a hearing that does not contravene the principles of natural justice; and (ii) a hearing that must consist of…

The court does not look at the mind of the Justice himself or at the mind of the chairman of the tribunal, or whoever it may…

I am unable to hold that the decision in Suit No. PHC/183/72 (Exhibit 'A') affected the trial Judge's determination of the present proceedings as to lead…

Above all, it should be emphasized that this is an appeal against concurrent findings made by two courts below and unless there is error on the…