PRINCIPLE Archives - Page 129 of 303

PRINCIPLE

ACTION – Consolidation of Action – purport of consolidation of action – When actions may be consolidated

PRINCIPLE09/09/2023

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CONTRACT – Contract made in the name of an agent without disclosing any principal – Personal liability of the agent thereto – Whether foreknowledge of existence of a principal exonerates the agent:

PRINCIPLE09/09/2023

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DAMAGES – Special Damages – Need for special damages to be specifically pleaded and proved – Nature of evidence required to prove special damages:

PRINCIPLE09/09/2023

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CONTRACT – Offer – Whether an offer can be accepted by conduct

PRINCIPLE09/09/2023

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COURT – Duty of Court – Whether or not the Court can make case for parties:

PRINCIPLE09/09/2023

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LAND LAW – Possession of land – When two parties claim possession of same piece of land

PRINCIPLE09/09/2023

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ACTION, JUDGMENT AND ORDERS – Order of Nonsuit – Need for Order of Nonsuit to be made after hearing from the parties or their counsel

PRINCIPLE09/09/2023

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CONTRACT – Enforcement of contract – Whether a contract can be enforced by or against a person who is not a party thereto

PRINCIPLE09/09/2023

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COURT, JUDGMENT AND ORDER – Power to make Order or relief – Whether a judge has power to make an order or grant a relief which has not been asked by the plaintiff in his pleadings

PRINCIPLE09/09/2023

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JUDGMENT AND ORDER – When Consequential order can be made – Whether a consequential order can be made against a stranger

PRINCIPLE09/09/2023

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JUDGMENT AND ORDER – Nature and Meaning of Consequential order

PRINCIPLE09/09/2023

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ESTOPPEL – Types of estoppel – “Cause of action estoppel” and “Issue estoppel” – Distinction between:

PRINCIPLE09/09/2023

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ESTOPPEL – Ingredients the defendant must prove to succeed in plea of estoppels

PRINCIPLE09/09/2023

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PLEADINGS – Amendment of pleadings – Amendment sought to bring the pleadings in line with evidence elicited during trial- Need to grant in the interest of justice

PRINCIPLE09/09/2023

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DOCUMENTS – EVIDENCE – “Proper custody” of a document – Meaning of proper custody

PRINCIPLE09/09/2023

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CRIMINAL LAW AND PROCEDURE – Order of retrial – Circumstances under which order of retrial can be granted

PRINCIPLE09/09/2023

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CRIMINAL LAW AND PROCEDURE – Sentence – Whether the Court has discretion to determine the sentence to be imposed on a convict – Instances when an appellate Court will interfere with the sentence imposed by the trial Court

PRINCIPLE20/05/2023

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CONTRACT – Contract of Employment – Notice required for termination – Where not specifically stated – Need to be reasonable – Whether applicable to employee under probation:

PRINCIPLE16/05/2023

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CONTRACT – DAMAGES – Action for breach of contract – Need to plead and prove actual loss to avoid nominal damages – Exceptions thereto:

PRINCIPLE16/05/2023

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CONTRACT – Contract of sale of shares – How it can be enforced:

PRINCIPLE16/05/2023

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