Principle Archive

Under Islamic law, a gift can be made to a family or to named members of a family; the acceptance and taking possession of an object…

The Court of Appeal's power to grant applications under Order 3 rule 25(2) is discretionary; for an appeal against exercise of this discretion to succeed, the…

An admission does not necessarily mean proof of what is contained therein; an admission relied upon by any party is not ipso facto accepted to be…

A question referred to the Supreme Court by the Court of Appeal under section 259(3) of the 1979 Constitution must be a question as to the…

Section 256(2) of the 1979 Constitution does not bar a judicial officer who has ceased to hold office from appearing before a court or tribunal to…

The only means of removing a director pursuant to section 175(1) of the Companies Act requires special notice and an ordinary resolution of the company passed…

An accused person can challenge their police statement in one of two ways: either that they never made the statement at all (a matter of fact…

Retraction of a voluntary statement per se by the maker will not render it inadmissible against them; it may, having regard to the circumstances, affect the…

It is not in every case where the accused challenges their confessional statement that a trial within trial must be held; it is only held where…

Where an extra-judicial confession has been proved to have been made voluntarily and it is positive and unequivocal and amounts to an admission of guilt, it…

On hearing a joinder application, the judge must consider whether the case is appropriate for joinder in accordance with well-established principles, but should not go into…

The court had jurisdiction to join a person whose presence is necessary for the prescribed purpose and has no jurisdiction under the rule to join a…