Judiciary-Poetry-Logo
JPoetry

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

Was this dictum helpful?

SHARE ON

WHEN FINDINGS OF FACT OF TRIAL COURT ARE NOT APPEALED, THERE NO NEED FOR APPELLATE COURT TO REVIEW THEM

There was, with the greatest respect, no earthly reason for the Court of Appeal to review the pleadings and the evidence in view of the findings of fact of the trial Court at p.160 that EXS.D and E were not loan receipts but receipts for the sale of land and the conclusion of law at...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

EACH CASE MUST BE DETERMINED ON ITS MERIT

As the Respondent rightly submitted, each case must be determined upon its own peculiar circumstances as no two cases are identical; they may be similar but not identical – see Admin/Exec., of the Estate of Gen. Abacha V. Eke-Spiff & Ors. (supra). — A.A. Augie, JCA. Elias v Ecobank (2016) – CA/L/873/2013 Was this dictum...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

MEANING OF FACTS IN ISSUE

Facts in issue, as defined in Section 258 of the Evidence Act 2011: Includes any fact from which either by itself or in connection with other facts the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows. A particular fact can only be...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

APPEAL COURT WILL REVERSE WRONG FINDINGS OF FACT

It is true that the Court of Appeal will be reluctant to upset the findings of fact of a trial court but where as in this case the learned trial court draws wrong conclusions from the totality of the evidence before it, the Court of Appeal will and in fact has a duty to reverse...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

INFERENCE NOT FRESH POINT OF LAW

An appellate court can draw conclusion or make inference from the record before it. Conclusion or inference borne out of/from the record cannot be branded as raising fresh point of law. A fresh point of law is a new point of law which was not raised by any of the parties at the trial of...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
No more related dictum to show.