Principle Archive

In an action for a declaration of title to land, the plaintiff must succeed on the strength of his own case and not on the weakness…

The mere fact that a transaction between parties involves the conveyance of goods by sea does not automatically confer admiralty jurisdiction on the court. The claim…

The third ground of appeal is the omnibus ground which is a complaint on the weight of evidence. This generally is regarded as a ground of…

The procedure of remanding a suspect in custody upon reasonable suspicion of having committed a criminal offence is fully covered by Section 32(1)(c) of the 1979…

Section 236(3) of the Criminal Procedure Law, which empowers a magistrate to remand a suspect in custody pending police investigation and legal advice, is not in…

For a magistrate to act under Section 236(3) of the Criminal Procedure Law, the person brought before him must have been arrested for an indictable offence…

The requirements for a valid arraignment are mandatory and must be strictly complied with in all criminal trials. These requirements are: (a) the accused must be…

Remand means to send an accused to prison or send back to prison from a court of law to be tried later after further inquiries have…

The respondent's application was more in the nature of a prayer for a mandatory order of injunction than one for enforcement of orders. The Court of…

The decision of the Court of Appeal in the first case remains unambiguous that the respondent was precluded from administering the estate. She did not appeal…

For estoppel per rem judicatam to succeed, the party must establish: (1) same parties or privies; (2) same claim or issue; (3) same subject matter; (4)…

Particulars required are not arguments or narratives that should be proffered at the hearing of the appeal to establish that the court erred or misdirected itself.…