Principle Archive

It is an elementary principle of law that an appellate court will not ordinarily interfere with the findings of fact made by the trial court which…

Jurisdictional issue being so pivotal can be raised suo motu by the court so long as the parties are accorded the opportunity to react to the…

The Area Courts are not bound by strict procedure peculiar to English Common Law Courts. Thus the complainant before them needs even not lodge his complaint…

The expression 'prima facie case' has also received numerous definitions by our courts... It seems to me the simplest definition is that which says that 'there…

It is well settled that after a successful submission of no case to answer has been made, an accused is no longer to be regarded as…

A submission of no case to answer may properly be made and upheld (a) when there has been no evidence to prove an essential element in…

A prima facie case is said to be made out where there is ground for proceeding with the case and there is ground for proceeding when…

The word 'knowing' in the context of section 323 of the Criminal Code will include improper motive... The evidence in this case does not reveal any…

Whether the writing is a 'writing threatening to kill' is a matter of construction and, so, of law. Once the writing cannot be held to be…

A warning by the writer of a letter, even if it is false and mischievous, that a third person is threatening to kill the person to…

For a charge under section 323 of the Criminal Code, the prosecution must prove that: (i) the accused sent or delivered the letter, (ii) knew the…

It is erroneous for a court, whether trial or appellate, in determining an interlocutory matter to succumb to the temptation of deciding the substantive case that…