Principle Archive

The appellant's defence as revealed in the affidavit was never direct, it was always evasive. He never categorically stated in clear terms, that he did not…

For an allegation of fraud to avail a defendant in a suit placed on the Undefended List, it must be on matters relevant to the case…

It is the law that fraud unravels everything; it must be specifically pleaded and its particulars given failing which the evidence obtained thereof would not be…

A defendant who has no real defence to the action should not be allowed to dribble and frustrate the plaintiff and cheat him out of judgment…

The Supreme Court will only overrule its previous decision if it is shown that the earlier decision is manifestly wrong, erroneous in law, given per incuriam,…

Where a finding of fact or law made by the lower court is not specifically challenged by a ground of appeal, that finding becomes final and…

Where a lower court makes a finding on an issue and that finding is not challenged on appeal to the appellate court, the finding becomes final.…

Where a trial court fails in its primary duty of making findings of fact on issues joined on the pleadings and the evidence is such that…

The proceeding wherein the plea of an accused person is taken in a judge's chambers is not only irregular; it is fundamentally defective, rendering the entire…

A Judge's Chambers is not one of the regular courtrooms, nor is it a place in which the public have the right of ingress and egress…

A breach of a mandatory constitutional provision is more than a mere technicality; it is fundamental. It is no argument that there has been no miscarriage…

To justify an order of retrial, an appellate court must satisfy itself of the existence of several factors, depending on the peculiar facts and circumstances of…