Pleading when a case starts denovo
Accused does not need to plead afresh when a case starts denovo.
Case LawSharing of custody
Both actual and legal custody can be joint and shared
Case LawTaking and recording of plea of guilt.
The procedure to be undertaken by the trial court when taking and recording an accused plea of guilt
Case LawIs a guilty plea unequivocal?
whether a guilty plea is unequivocal or not depends on the circumstances of the case.
Case LawVitiating a guilty plea
Failure to warn accused on minimum sentence of a crime does not vitiate well recorded guilty plea.
Case LawDuplex Charge sheet.
Prosecution should not allege commission of more than one offence in a single charge sheet.
Case LawFatally Defective Charge Sheet.
Test for a fatally defective charge sheet.
Case LawTest of a defective Charge Sheet.
Test for a defective charge sheet is a substantive one and not a formalistic one.
Case LawPreferring charges.
Prosecution has the powers and discretion when preparing the charge sheet and prosecuting.
Case LawObjections to a charge sheet
Lawyers should raise objections to a charge sheet if they see likely prejudice.
Case LawRejection of charges
Rejection of charges amounts to a discharge under Criminal Procedure Code.
Case LawRight to fair trial.
A charge sheet should give necessary information to accused to fulfill this right.
Case LawPURPOSE OF INTERLOCUTORY ORDERS
Interlocutory orders are meant to preserve the suit property pending the determination of the suit.
Case LawLETTER OF ALLOTMENT
A letter of allotment is not title to land.
Case LawADVERSE POSSESSION
A party must prove that the owner of the land lost possession.
Case LawCONSERVATORY ORDERS IN CRIMINAL MATTERS
ELC has jurisdiction to issue preservatory orders in criminal matters