Principle Archive

In areas designated as urban areas, local governments have no jurisdiction to grant any right of occupancy; such land is under the control and management of…

It is well-settled law that a plaintiff claiming title to land has the burden to establish that claim; the plaintiff must prove their case on their…

Contradictions in testimony, to be fatal to the prosecution's case, must go to the substance of the case and not be of a minor nature; contradictions…

The applicable law for criminal trials is the law in force at the time the offense was committed; subsequent amendments that come into force after the…

Before dismissing an appeal, the court has a duty to afford the appellant a hearing on any application to dismiss; this includes disposing of pending applications…

Order 3 rule 25 applies when an appellant fails to file a declaration that they do not wish to be present at the hearing or when…

Time for an appellant to file their brief of argument (60 days) begins to run from the actual date of receipt of the record of proceedings,…

A confessional statement obtained through police questioning rather than being volunteered by the accused is inadmissible; once police decide to charge an accused, they must caution…

Retrial is inappropriate and unjust where it would merely aid the prosecution to correct fundamental and serious mistakes in their case presentation; where substantial contradictions create…

For conflicts, contradictions, or mix-ups in prosecution evidence to be fatal to the case, they must be substantial and fundamental to the issues before the court;…

Where signatories to a document are illiterates, the document is caught by the Illiterates Protection Law with the drastic effect that none of those who allegedly…

Unless findings of fact are perverse, inconsistent with the evidence, or based on legally inadmissible evidence, it is not the business of the Court of Appeal…