Principle Archive

Where prosecution evidence negates acts of provocation by the deceased, the defence must adduce positive and credible evidence to establish the defence of provocation.

The Supreme Court will not normally disturb or upset concurrent findings of fact unless there is some miscarriage of justice or a violation of some principle…

Where an appeal is pending on substantive issues such as the date for conversion of foreign currency judgment or the nature of interest payable, a court…

Averments in pleadings are not considered legal evidence unless admitted by the other side, but facts deposed to in affidavits in support of applications constitute evidence…

In a claim for declaration of title or for a certificate of occupancy, the plaintiff is bound by law to succeed on the strength of their…

The plea of res judicata robs the court of its jurisdiction and by its very nature should be used only as a defence in the statement…

To succeed on a plea of res judicata, the party relying on it must prove that the parties, the issues, and the subject-matter in the previous…

The Supreme Court will not disturb concurrent findings of fact made by lower courts unless a substantial error apparent on the face of the record is…

Evidence of premeditation, such as deliberately loading a gun with intent to use it and making prior threats, is inconsistent with and negates the defence of…

The grant of bail by the Court of Appeal under Section 29(1) of the Court of Appeal Act is discretionary and does not necessarily require that…

A trial court must not proceed to create a fait accompli while an application challenging its jurisdiction or seeking stay of proceedings is pending before a…

Issue estoppel does not apply where the question in the second proceedings is not the same (not eadem quaestio) as that decided in the first proceedings,…