Principle Archive

For an accused person to avail himself of that defence he has to produce evidence at the trial to establish the fact that the claim of…

Where a witness claims to have witnessed a gruesome murder but does not report the incident to the police for several weeks, and only does so…

The right of the accused to an interpreter cannot be raised on appeal, unless he claimed the right during his trial and was denied it. Although…

Where one witness called by the prosecution in a criminal case contradicts another prosecution witness on a material point, the prosecution ought to lay some foundation,…

In a charge of murder, the cause of death must be established unequivocally and the burden rests on the prosecution to establish this and if they…

The commission of a crime by a party must be proved beyond reasonable doubt. The burden of proving that any person is guilty of a crime…

Where the identity of the land in dispute, is known to the parties and not in dispute, no plan is necessary. Absence of a plan is…

In an action for declaration of title to land, the onus is on the plaintiff to establish with certainty the identity of the land in dispute…

It is not every inconsistency in evidence that would lead to a reversal of the decision of a lower court on a matter and that for…

The function of assessment of credibility of witnesses, is essentially, for the trial court and not that of the Appeal Court. Thus, where the question(s) that…

An appellate court will be reluctant to order a retrial where: (i) the plaintiff has established his case by raising the probabilities in his favour; or…

It is settled law that where there is concurrent findings of facts by the trial and appellate courts and there is sufficient evidence on record in…