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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It is also of paramount importance to always have it as a central theme that each case must be examined and decided on its own facts and circumstances as no two cases are alike in all particulars. – Gumel, JCA. Ehanire v. Erhunmwuse (2007) Was this dictum helpful? Yes 0 No 0...
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...
It is settled that where a court of trial unquestionably evaluates the evidence and appraises the facts it is not the business of a Court of Appeal to substitute its own views for the trial court. It is equally settled that a Court of Appeal should not easily disturb the findings of fact of a...
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...
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...
It is trite law that an appellate court will not ordinarily interfere with the findings of fact of a trial court except in circumstances such as where the trial court has not made a proper use of the opportunity of seeing and hearing the witnesses or where it has drawn wrong conclusions from accepted credible...
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