Principle Archive

The fact of death is provable by circumstantial evidence where neither the body nor any trace has been found, even if the suspect made no confession;…

Where evidence shows the appellant was alone with the deceased and the deceased was not found again, with the appellant admitting the deceased had died, this…

Unless the vendor family and the owner family are one and the same, a conveyance document would be ineffective to pass the owner family's title to…

It is one thing to aver a material fact in pleadings and quite a different thing to establish such fact by evidence; where appellant asserts purchasing…

An error in law which has occasioned no miscarriage of justice is immaterial and may not affect the final decision of a court; after careful consideration,…

It is not the law that a customary right of occupancy must be first revoked before a statutory right of occupancy can be granted; upon such…

Upon proper interpretation of subsection (2) of section 5 of the Land Use Act, a later statutory right of occupancy extinguishes all rights created by an…

Failure of a plaintiff to file a defence to a counter-claim may not be disastrous if they succeed in their claim, as success may render the…

To establish the defense of provocation, three constituent elements must exist: (1) the act was obviously provocative; (2) the provocative act must be such as to…

A desire for vengeance, justified or unjustified, cannot ground the defense of provocation; it is unnecessary to consider whether retaliatory acts were proportionate when the motivation…

Where parties are separated after a confrontation and the accused leaves for his house with the deceased also taken to his house, whatever outrage the accused…

Even without inadmissible evidence, conviction can be sustained if there remains enough other evidence to support it.