Principle Archive

The issue of loss of evidence of a party's witnesses is an issue that the court below and indeed the appellate court could raise suo motu.…

Originating summons should only be applicable in circumstances where there is no dispute on questions of fact or even the likelihood of such dispute. Application by…

It is now firmly settled that originating summons is an unusual method of commencing proceedings in the High Court and is confined to cases where special…

A court of law will not presume or speculate on the existence of facts not placed before it. Defences such as provocation and justification cannot hang…

A voluntary confession of guilt, if it is fully consistent and probable, is regarded as evidence of the highest test and the most satisfactory, provided there…

Where a complaint in any ground of appeal is about failure to observe due process and non-fulfilment of any condition precedent to the exercise of jurisdiction,…

The attitude of appellate courts to the exercise of discretion by lower courts is not dissimilar to that adopted over the issue of findings of fact,…

The 1st appellant writing on behalf of the principal debtor stated: 'We acknowledge the fact that the Amike Ezzangbo Community Farms (Nig.) Limited borrowed from EDCS…

If the Supreme Court sustains a no case submission and discharges the accused, the accused can successfully raise a plea of autrefois acquit to terminate any trial…

The defendants intend to raise a defence of limitation of time … is a mere intention, a wish or proposal in future. Unless that intention materialises…

It is settled that the duty of the appellate court in the consideration of the grounds of appeal proposed by the appellant and filed in support…

Parties are strictly bound by the case they have presented to the court, including the pleadings filed and the issues raised for trial. The court is…