1. Facts in Issue

2. Relevant Facts

Also known as factum probandum or principal facts, are the facts that must be proved to succeed in a litigation.

This phrase commonly - and in our view most usefully - refers to those facts which as a matter of law it is necessary to prove in order to establish a claim or a defence.

These are identified by reference to the statement of case; it sets out issues which the parties agree and disagree on. Those matters that are in dispute must be proved or disproved for any party to succeed.

These are all the facts the prosecution must prove to succeed. This often includes the elements of the offence, identity of the accused, etc.

1. Facts in issue as a matter of substantive law.

2. Facts in issue deduced from the law of evidence.

These are facts which a legal rule requires to be proven before a party succeeds in an action.

For example, the law of contract requires that an offer, acceptance, consideration etc. be proved before a person can be said to have established the existence of a contract

These are facts arising out of the rules of evidence, such as admissibility of evidence, qualification of a person as a witness, and the existence or otherwise of a privilege.

Proving the restricted fact in issue does not, without more, cause a party to succeed. E.g proving that a person is qualified as witness, does not automatically cause you to succeed in an action.

Republic v. Konkomba, [1979] GLR 270–284

Material Facts:The accused was with charged murder. He was taken to the hospital upon a self-inflicted injury. At the hospital, the police took his statement, by which he admitted to killing his nephew.

1. Restricted Facts in Issue: Here, all the elements of murder are restricted facts in issue.

2. Extended Facts in Issue: Whether or not the statement in the hospital is admissible.

This is the second category of facts. They are facts, which when proven, provide indirect evidence to prove or disprove a fact in issue.

In a murder case, the facts in issue are the elements of the offence (if disputed). However, there may be no eyewitness of the actual shooting.

The relevant facts could be:

1. The accused purchased a gun prior to the killing.

2. The accused was seen dragging the body of his wife in the middle of the night. Etc

These facts, individually, does not prove that the accused committed the murder. But collectively, they provide evidence that could be used to prove some elements of the offence of murder (like causing unlawful harm).

This is the description given to evidence used to prove relevant facts.