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Old Wednesday, July 23, 2008
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Principle of res judicata
If an accused is tried on certain charges acquitted it will be clearly unjust and highly oppressive and amount to an abuse of the process of the court to permit his repeated prosecution on identical evidence in respect of identical charges even though relating to different terms.
1. It must be showing that has been tried by a competent court for the same or one for which he might have been charged and convicted at the trial, on the same facts.
2. that has been convicted or acquitted at the trial and that such conviction or acquittal is in force.

Difference between evidence and proof:
Is clearly discernable from the definitions o the expression “evidence” , “proved” , disproved or not proved, evidence of a fact and proof of a fact is not the same thing, while evidence consists of oral and documentary evidence produced in court. In treating of a fact as proved, the court does not rely merely upon the evidence or statement witnesses, admission or confession of parties and the documents produced before it.
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