PRINCIPLE

APPEAL: Notice of Appeal – Nature of Notice of Appeal

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APPEAL: Leave to Appeal – Effect of failure to obtain leave to appeal on grounds of facts or mixed law and facts

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APPEAL: Grounds of Appeal – Whether mere labeling of a ground of appeal as a ground of law, or error in law, automatically makes it a complaint of error of law.

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APPEAL: Grounds of Appeal – Classification of a Ground of appeal hinged on assessment of admissible evidence

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APPEAL: Grounds of Appeal – How to determine ground of facts or mixed law and facts

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PRACTICE AND PROCEDURE: Signing of Court Process – Effect of a Court Process signed by an unknown person

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WORDS AND PHRASES: Meaning of a legal practitioner

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LEGAL PRACTICE: Who qualifies as a legal practitioner – The intent and purport of sections 2(1) and 24 of the Legal Practitioners Act

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GARNISHEE PROCEEDINGS: Role of a Garnishee – Whether a Garnishee can fight the Cause of a judgment debtor

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JUDGMENT AND ORDER: Effect of unappealed decision, order or judgment of court

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GARNISHEE PROCEEDINGS: Role of a Garnishee – Whether a garnishee can attack the main judgment that the judgment creditor and the judgment debtor have accepted or are deemed to have accepted

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APPEAL: Fresh Issues on Appeal – Conditions for the grant of leave to argue fresh issues on appeal – The prominent considerations that work against adducing fresh evidence on appeal

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GARNISHEE PROCEEDINGS: Meaning and Nature of Garnishee Proceeding

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GARNISHEE PROCEEDINGS: Duty of a Garnishee in Garnishee Proceeding – Duty of the garnishee to satisfy the court why the funds in its possession belonging to the judgment debtor should not be garnished to pay the judgment debt

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STARE DECISIS: Judicial Authorities – Need to be authorities for what they actually decided in the context of the prevailing facts

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PRACTICE AND PROCEDURE: Demurrer Proceedings – What is expected of a Plaintiff under demurrer proceedings – The difference between Demurrer Proceedings and Summary Judgment proceedings

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JUDGMENT AND ORDER: Effect of decisions not appealed against

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EVIDENCE: Hearsay Evidence – Corporate Personality – Evidence of a co-staff – Whether a bank staff that was not present when a customer’s bank account was opened cannot testify or give evidence on customer’s account

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INTEREST: Award of interest – Circumstances in which interest may be awarded in a case

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EVIDENCE: Evidence by an agent or a servant of a company – Whether any agent or servant of a company can give evidence to establish any transaction entered into by that company

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