Subpoena and types of Subpoena: Subpoena The witness may easily volunteer or agree to come and testify in court in a matter. This is when the party that intends to call him to come and give testimony in his favour will just invite him over to the chamber of the counsel that is representing him … Read more
Malicious Prosecution and False Imprisonment: Malicious Prosecution In our daily activities, individuals are arrested for the commission of crimes while others are arrested for crimes that they did not commit. The various law enforcement agencies are saddled with the clear responsibility of maintaining peace and order in society and also preventing the commission of crimes. … Read more
Allocutus and Sentence: Allocutus Criminal trials usually end with the sentence of the Defendant. The court shall have the right to decide on the fate of the Defendant depending on the evidence adduced by the prosecution and which was not challenged or controverted by the Defendant. A criminal trial is usually decided on the ground … Read more
Oath and Affirmation: Oath In all court trials, it’s part of the proceeding that before you will be permitted to testify in court, you will be required to agree that you are going to say the truth, which should be the whole. This entails that he must understand the purpose of saying the truth and … Read more
Confessional Statement and Trial Within Trial: Confessional Statement In Criminal Matters, the suspect after arrest will be required to make a statement before the law enforcement agency that is investigating the matter. This statement is meant to be voluntarily and without iota of torture. This statement builds up to what is called confessional statement. Confessional … Read more
Preliminary Objections in Criminal Law (Pt. 1) Preliminary Objections in Criminal Law In criminal matters, after the arrest of the suspect and the investigation of his case. The next is that the state shall prefer a charge against the suspect if in course of the investigation they obtained sufficient evidence to prosecute the Defendant. The … Read more
Notice to Quit Notice to Quit Tenancy relationship is usually between a Landlord (landowner) and the tenant. While the landlord is the owner of the apartment and its appurtenance. The tenant is the person who paid to live in the house for a certain specified period. The Tenancy agreement is therefore the terms and conditions … Read more
Mortgagor’s Right of Redemption: Mortgage Mortgage is a security offered for a loan or money. In life, no man has it all, people continue relying on assistance from each other. In this scenario, Friends always run to friends for help and relations usually come to the help of each other. Time may come that they … Read more
Refreshing Memory by Witness: Refreshing Memory by Witness A witness is a person invited by a party in a suit to give testimony in his favour. He is a person who knows about the transaction between the parties that gave rise to the legal suit. The witness can merely be called up by a party … Read more
Parties by Intervention and Third Party Proceeding: Parties by intervention Civil suits are usually between the parties that have interest in the matter. While the claimant institutes an action against the defendant, the court is expected to decide the matter to cover all the persons that have interest in the subject matter. In course of … Read more