PRINCIPLE Archives - Page 118 of 303

PRINCIPLE

APPEAL: Leave to raise fresh issues on appeal – What the court must consider when confronted with application for leave to argue fresh issues on appeal – When application for leave to argue fresh issues on appeal may be refused or granted

PRINCIPLE03/11/2023

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APPEAL: Leave to argue fresh issues on appeal – Conditions for the grant of application for leave to argue fresh issues on appeal

PRINCIPLE03/11/2023

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APPEAL: Leave to argue fresh issues on appeal – Conditions for the grant of application for leave to raise fresh issues on appeal

PRINCIPLE03/11/2023

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PRACTICE AND PROCEDURE: Service of Court Process – Effect of lack of service of court process on jurisdiction of Court where service of process is required

PRINCIPLE03/11/2023

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PRACTICE AND PROCEDURE: Service of Court Process – Effect of failure to serve Court process on jurisdiction of Court where service of process is required

PRINCIPLE03/11/2023

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PRACTICE AND PROCEDURE: Service of Court Process – Effect of failure to serve Court process on jurisdiction of Court

PRINCIPLE03/11/2023

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PRACTICE AND PROCEDURE: Service of Court Process – Effect of failure to serve Court process where service of process is required

PRINCIPLE03/11/2023

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PRACTICE AND PROCEDURE: Hearing of Motion/Application – Time allowed by Rules of Court for hearing of motions – Effect of failure to serve and avail the respondent time to respond to motion

PRINCIPLE03/11/2023

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JURISDICTION: Jurisdiction of Court – Whether leave is required to challenge jurisdiction – The time limit for raising issue of jurisdiction – Effect of lack of jurisdiction on judgment of court

PRINCIPLE03/11/2023

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JURISDICTION: Importance of jurisdiction – Whether indolent conduct, acquiescence, collusion or compromise can confer jurisdiction on a Court that lacks it

PRINCIPLE03/11/2023

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JUDGMENT AND ORDER: Setting Aside of Court Order/Judgment – Whether the court in the exercise of its inherent jurisdiction can set aside its own judgment

PRINCIPLE03/11/2023

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FAIR HEARING: What fair Hearing Entails – Whether right to fair hearing lies in the procedure followed in the determination of a case or in the correctness of the decision

PRINCIPLE03/11/2023

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STATUTE: Corrupt Practices and Other Related Offences Act – Whether Corrupt Practices and Other Related Offences Act 2000 remains a valid and subsisting legislation notwithstanding the promulgation of Corrupt Practices and Other Related Offences Act, 2004

PRINCIPLE03/11/2023

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STATUTE: Corrupt Practices and Other Related Offences Act – Whether Corrupt Practices and Other Related Offences Act 2000 remains a valid and subsisting legislation

PRINCIPLE03/11/2023

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CRIMINAL LAW & PROCEDURE: Leave to Proffer a Charge – When a charge is proffered and served before leave is granted – Whether amounts to a constitutional breach

PRINCIPLE03/11/2023

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CRIMINAL LAW & PROCEDURE: Commencement of trial – When trial of an accused person is said or deemed to have commenced

PRINCIPLE03/11/2023

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CRIMINAL LAW & PROCEDURE: Commencement of trial – When criminal trial can be said or deemed to have commenced

PRINCIPLE03/11/2023

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COURT: Rules of Court and Practice Direction – How to resolve conflicts between Rules of Court and Practice Direction – Need to prioritise Rules of Court over Practice Direction in times of conflict

PRINCIPLE03/11/2023

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APPEAL: Issues for determination – Desirability of Appellate Courts to adopt issues formulated by the parties – Circumstances where the Appellate Court may formulate issues for determination

PRINCIPLE03/11/2023

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APPEAL: Discretion of judges of appeal Court to formulate or adopt issues for determination – Duty of the aggrieved party to establish how adopting the issues formulated by the other party or court has led to miscarriage of justice

PRINCIPLE03/11/2023

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