Principle Archive

I am unable to construe a provision of the Constitution that granted an immunity such as section 308(1) as also constituting a disability on the person…

Access to court is a constitutional right which can only be taken away by a clear provision in the Constitution. It cannot be taken away by…

The dismissal of the respondent having taken place in 1988, the respondent's cause of action arose three months thereafter, and not three years after. … the…

'A cause of action is said to be statute barred if in respect of it the proceedings cannot be brought because the period laid down by…

The disciplinary power conferred on the 'appropriate authority' in section 1 (1) of the Act can only be inflicted on those who commit any of the…

A proceeding that emanated from a court without jurisdiction is one that never took place at all, because the court should not have entertained the suit,…

A cause of action arises where the wrongful act that gives the plaintiff a right to complain occurred. Where the gist of the action, such as…

Where the accused clearly understands English (as evidenced by their pleas, statements to police, and testimony in English), the arraignment is in compliance with the law,…

A material contradiction must go to a material point in the prosecution's case, as to create doubt in the case that the appellant is entitled to…

Where the accused understands the language of the court — English, it becomes unnecessary to record that fact. It is however, good practice to ask the…

Proof beyond reasonable doubt does not mean proof beyond any shadow of doubt. Once the proof drowns the presumption of innocence of the accused, the court…

Once a confession of guilt is shown to have been made freely and voluntarily, be it judicial or extra-judicial, if it is direct, positive and properly…