PRINCIPLE Archives - Page 123 of 303

PRINCIPLE

JURISDICTION: Difference between alleged irregularity in the exercise of jurisdiction and total lack of jurisdiction – Instances where jurisdiction cannot be raised at anytime

PRINCIPLE16/10/2023

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JUDGMENT & ORDER: Error In Judgment – Procedure for correcting mistake in the decision of a court

PRINCIPLE16/10/2023

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COMPANY LAW: Winding Up Petition – Duty of a petitioner to establish the debt owed by a company before presenting a petition for winding up

PRINCIPLE16/10/2023

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PRACTICE AND PROCEDURE: Declaratory Relief – Duty of the Claimant to lead evidence and succeed on the strength of his case

PRINCIPLE16/10/2023

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JUDGMENT AND ORDER: Declaratory Relief – Whether declaratory reliefs are granted on admission – Effect of the plaintiff’s failure to establish his entitlement to the declaration by his own evidence

PRINCIPLE16/10/2023

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EVIDENCE: Imputation of Crime in civil suit – Duty of the party who alleges commission of crime to prove beyond reasonable doubts

PRINCIPLE16/10/2023

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EVIDENCE: Allegation of Crime in civil suit – Duty of the party who alleges commission of crime to prove beyond reasonable doubts

PRINCIPLE16/10/2023

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EVIDENCE: Affidavit Evidence – Counter Affidavit – Instances Where Failure to file Counter Affidavit Will Not Amount to admission

PRINCIPLE16/10/2023

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ELECTORAL ACT: Standard of proof required in an action on Section 31(5) of the Electoral Act, 2010, as amended

PRINCIPLE16/10/2023

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CRIMINAL LAW & PROCEDURE: Standard of proof where there are criminal allegations

PRINCIPLE16/10/2023

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WORDS AND PHRASES – “Confessional Statement” – Meaning of confessional Statement

PRINCIPLE16/10/2023

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EVIDENCE – Medical evidence – Whether medical evidence is required where the deceased was attacked with a lethal weapon and died instantly

PRINCIPLE16/10/2023

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EVIDENCE – Burden of proof – On Whom lies Burden Of Proof In Criminal Cases – How discharged

PRINCIPLE16/10/2023

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CRIMINAL LAW AND PROCEDURE – Provocation – On whether mere words can constitute provocation

PRINCIPLE16/10/2023

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APPEAL – Fresh issues on appeal – Whether leave of court is required to raise fresh issues on appeal

PRINCIPLE16/10/2023

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APPEAL – Concurrent Findings – On Whom Lies Onus To Show Circumstances To Warrant Interference With Concurrent Findings:

PRINCIPLE16/10/2023

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ELECTION MATTERS – Appeal arising from election petition – Finality on the Judgment of the Court of Appeal in respect of Appeal arising from election petition

PRINCIPLE16/10/2023

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CRIMINAL LAW AND PROCEDURE – Conspiracy – How Conspiracy can be established

PRINCIPLE16/10/2023

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CRIMINAL LAW AND PROCEDURE – Actus reus And Mens Rea – Position Of Law Regarding – Whether both must be established in all cases

PRINCIPLE16/10/2023

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CRIMINAL LAW AND PROCEDURE – Identification Parade – Circumstance Where Identification Parade Would Not Be Necessary

PRINCIPLE16/10/2023

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