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APPEAL – Interference With Evaluation of Evidence – Whether an Appellate Court can interfere with evaluation of evidence and findings of fact of a Trial Court which are based on credibility of witnesses

“The learned trial judge never made any finding as to which witnesses he believed and it is not the practice of this Court to put ourselves in his place and make a determination which he should have made as we were asked to do by Mr. Lambo. As a Court of appeal, we are reluctant…

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ACTION – Misjoinder or Non-Joinder of Parties – Whether a cause or matter can be defeated by reason of non-joinder or misjoinder of parties

“At the hearing, the Solicitor-General who appeared for the respondents submitted that “a petition of right against the Queen and another respondent cannot be sustained.” In considering this objection the learned Vice-Chancellor observed at page 563 as follows:- “Before the Petitions of Right Act (23 and 24 Vict C.34), the petition was addressed to the…

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