Principle Archive

It is settled law that where a plaintiff fails to establish with certainty the identity of the land claimed, he must fail in his claim of…

The Court of Appeal examined the issue of fair hearing and said at page 143 of the Record: 'It is clear that the appellant was retired…

Appellate courts are also required not to be unduly strict or rigid with regard to matters of procedure when dealing with appeals from native courts, customary…

Where a plaintiff pleads a survey plan, he must tender the plan at the trial. Where he fails to do so, the court is entitled to…

In land matters, the burden is on the plaintiff who pleads title to prove that title. This is consistent with the burden of proof in our…

The law is settled that an appellate court should not ordinarily disturb or tamper with the findings of facts made by a trial court, particularly if…

The taking or dealing by the trial court with the evidence of the defendant and his witnesses first is immaterial. Too much weather was made about…

Where a trial court has drawn wrong inference from primary facts, the appellate court can reject the inference and make what it considers to be the…

By section 102, the proceedings of the House cannot be invalidated by the fact that there is a vacancy in its membership. This seems to be…

An application for stay of proceedings filed after the appeal has been reserved for judgment is incompetent and constitutes an abuse of court process. It is…

Principle Statement: "Evidence" within the meaning of section 286 of the Criminal Procedure Act is confined to material tendered in court and subjected or capable of…

Evidence discloses a prima facie case if it is such that, if uncontradicted and believed, it would be sufficient to prove the case against the accused…