PRINCIPLE

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APPEAL – Preliminary Objectionthereto – Need to be taken before the substantive appeal

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JUDGMENT AND ORDER – Final Decision – Meaning of – Whether leave required to appeal against

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APPEAL – Leave to appeal – Whether an appeal against an interlocutory decision which is not on a ground of law requires leave of Court

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ELECTION PETITIONS – Time limit within which the Court can hear and dispose of an appeal in a pre-election matter – Retrospective applicability of the provision of Section 285 (12) of the 1999 Constitution

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COURT – Power of the Court of Appeal as provided for under Section 15 of the Court of Appeal Act

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APPEAL – Reply Brief – Purport of – Whether is meant to improve on the quality of the argument in the Appellant’s brief

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EVIDENCE – Documentary Evidence – Admissibility of documents – Whether an unsigned document may be admitted in evidence

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EVIDENCE – Documentary Evidence – Whether oral evidence can be allowed to discredit or contradict a documentary evidence

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CONTRACT – Offer – Whether acceptance of an offer is necessary in order to crystallise a contract

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CONTRACT – Counter Offer – Legal effect of

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APPEAL – New Issue – Whether the Supreme Court can pronounce on an issue not raised at the Court of Appeal

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JUDGMENT AND ORDER – Instances where the decision of court would be regarded as perverse

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EVIDENCE – Estoppel – Instance of estoppel by conduct

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APPEAL – Reply Brief – Whether a reply brief is meant to re-argue the case of the appellant

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PROFESSIONAL ETHICS – Legal Practitioner – Responsibility of a lawyer under Rule 1 of the Rules of Professional Ethics, 2007

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CRIMINAL LAW AND PROCEDURE – Effect of an accused resting his case on that of the prosecution

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CONSTITUTIONAL LAW – FAIR HEARING – Accused person who fails to defend himself after adequate notice of the allegations against him – Effect thereof

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TORT – Libel – What the Plaintiff must prove to succeed

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STATUTES – Section 2 (a) of the Public Officers’ Protection Act – The intendment of

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PRACTICE AND PROCEDURE – Filing Fees – Lack of – Effect on jurisdiction of Court – When alleged to be underassessed – Onus on the party who alleges to prove

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