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A COMPLAINT IS CHARACTERISED BY THE CASE FACTS SUBMITTED – (African Court)

Dictum

The jurisprudence of the European Court of Human Rights on what qualifies as a complaint is defined as the purpose or legal basis of the claim, The complaint is characterised by the facts alleged in it and not merely by the legal grounds or arguments relied on.

– CHACHA v. THE UNITED REPUBLIC OF TANZANIA (003/2012) [2014] AFCHPR 48 para 120

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WHERE TRIAL COURT DRAWS WRONG INFERENCE, APPEAL COURT MAY REJECT FINDINGS

I wish to emphasize that where the trial court has drawn the wrong inference from primary facts the appellate court can reject the inference and make what it considers to be the right inference supported by evidence. – Babalakin JSC. Finnih v. Imade (1992) Was this dictum helpful? Yes 0 No 0...

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APPELLATE COURT WILL NOT INTERFERE IN FINDING OF FACT

In concluding this Issue, it is now firmly established, that where the question involved are purely those of fact, an Appellate Court, will not interfere, unless the decision of the trial Judge, is shown to be perverse and not the result of a proper exercise of judicial discretion (to believe or disbelieve witnesses) or that...

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APPEAL: FINDING NOT APPEALED IS BINDING ON PARTY

It is trite law that in an appeal against a judgment, a party who did not appeal against a finding, holding or decision, accepts it as correct, conclusive and binding and cannot argue against it. – Agim JSC. Pillars v. William (2021) Was this dictum helpful? Yes 0 No 0...

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FACTS ACCEPTED AND NOT CONTROVERTED WILL LEAD TO CONVICTION

In Peter Igho v. The State (1978) 3 SC 87 the facts as set out in the judgment were that the deceased, lfoto Oboluke, left her house on Sunday 20th August, 1972 for a religious service but never returned alive. When the mother did not see her return in the evening she made a report...

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