Principle Archive

Where parties choose their own arbitrator as judge in their dispute, they cannot object to the decision on law or facts when the award is good…

Misdirection by a trial judge that affects the presumption of innocence and places an improper burden on the accused raises the matter to the level of…

An identification parade is essential only in situations where the victim did not know the accused before and was confronted by the offender for a very…

For the prosecution to succeed, it must establish the identity of the accused and by credible evidence prove its case beyond reasonable doubt.

The issue of jurisdiction is fundamental to proper hearing; a party cannot be shut out and courts cannot be precluded on technical grounds from receiving evidence…

Rules governing leave to appeal must be applied to Area and Customary Courts with great caution, as strict adherence may drive illiterate and uninformed litigants from…

In exercising appellate jurisdiction from Area Courts in civil matters, the High Court is vested with discretion to hear such additional evidence as it considers necessary…

To justify reversal of damages awards, appellate courts must be satisfied either that the judge acted upon wrong legal principle, or that the amount awarded was…

The onus lies on the vehicle owner to dislodge the presumption of law that the driver drove the vehicle as the servant or agent of the…

Assessment of general damages in personal injury cases is governed by settled factors including: pain and suffering (past and future), permanent disability or disfigurement, loss of…

Where the facts of the relationship between the owner and driver of a vehicle are not fully known, proof of ownership of the vehicle may give…

Where the trial judge's failure to fix motions for hearing makes it impossible or impracticable for applicants to seek reliefs in the trial court, special circumstances…