PRINCIPLE Archives - Page 139 of 303

PRINCIPLE

INTERPRETATION OF STATUTES – Duty of court when interpreting statutes – Duty of court to interpret the statute in accordance with the intention of the law makers:

PRINCIPLE15/05/2023

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PRACTICE AND PROCEDURE – ABUSE OF COURT/JUDICIAL PROCESS(ES) – What constitutes abuse of Court process:

PRINCIPLE15/05/2023

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PRACTICE AND PROCEDURE – HEARING – What hearing entails; when a hearing will be said to have been on the merits:

PRINCIPLE15/05/2023

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PRACTICE AND PROCEDURE – ABUSE OF COURT/JUDICIAL PROCESS(ES) – What constitutes abuse of Court process:

PRINCIPLE15/05/2023

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EVIDENCE, PRACTICE AND PROCEDURE – Uncontroverted or unchallenged facts in an affidavit – Need to be taken to be correct, valid and admissible:

PRINCIPLE15/05/2023

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JUDGMENT AND ORDER – JUDGMENT OF COURT – Whether a judgment/order of court remains valid until set aside:

PRINCIPLE15/05/2023

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EVIDENCE, PRACTICE AND PROCEDURE – Facts not denied, disputed or challenged – Whether undisputed or unchallenged facts can be deemed admitted:

PRINCIPLE15/05/2023

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EVIDENCE, PRACTICE AND PROCEDURE – Burden of proof in civil cases – On whom lies the burden of proof in civil cases – Instances where burden will shift in civil cases

PRINCIPLE15/05/2023

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JUDGMENT AND ORDER – FUNCTUS OFFICIO – Whether a Court/Court of co-ordinate jurisdiction has the competence to entertain a matter that was dismissed by it or a Court of co-ordinate jurisdiction:

PRINCIPLE15/05/2023

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EVIDENCE – UNCORROBORATED EVIDENCE OF THE PROSECUTRIX – Whether it is necessary to have corroboration in a rape trial

PRINCIPLE15/05/2023

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JUDGMENT AND ORDER – ERROR/MISTAKE IN JUDGMENT – Whether every error/mistake in a judgment will result in a judgment being set aside; condition for error/mistake to ground the setting aside of a judgment and duty of a party to demonstrate that a miscarriage of justice was occasioned:

PRINCIPLE15/05/2023

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EVIDENCE – Uncontroverted or unchallenged fact – Whether uncontroverted or unchallenged fact can be deemed admitted:

PRINCIPLE15/05/2023

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JUDGMENT AND ORDER – JUDGMENT OF COURT – Binding effect of a decision of Court not appealed against; effect of the dismissal of a case:

PRINCIPLE15/05/2023

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EVIDENCE – Unchallenged or uncontroverted facts – Whether facts not denied are deemed to have been admitted:

PRINCIPLE15/05/2023

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EVIDENCE – TAINTED WITNESS – Who can be referred to as a tainted witness; Whether a wife of the deceased can be termed “tainted witness”

PRINCIPLE15/05/2023

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JUDGMENT AND ORDER – ORDER OF DISMISSAL – Effect of an order of dismissal:

PRINCIPLE15/05/2023

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EVIDENCE – Standard of proof in criminal cases – Whether proof beyond reasonable doubts requires proof beyond all shadow of doubt:

PRINCIPLE15/05/2023

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EVIDENCE – Standard of proof – The requirement of the law as regard proof beyond reasonable doubt:

PRINCIPLE15/05/2023

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COURT – DUTY OF COURT – Whether a court of law has the legal duty to confine itself only to authorities cited by the parties:

PRINCIPLE15/05/2023

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EVIDENCE – Previous statement of a witness – What is required where a party wants to contradict a witness on matters as per his previous statement

PRINCIPLE15/05/2023

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