PRINCIPLE Archives - Page 158 of 303

PRINCIPLE

APPEAL – FRESH POINT(S) ON APPEAL – Whether a case or an issue that was not raised in the lower court can be raised in the Appeal Court

PRINCIPLE11/05/2023

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COURT – JURISDICTION – What determines jurisdiction of Court to entertain a cause/matter

PRINCIPLE11/05/2023

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JURISDICTION – JURISDICTION OF THE STATE HIGH COURT – Jurisdiction of the High Court with respect to land

PRINCIPLE11/05/2023

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APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Instances where the Supreme Court will not interfere with concurrent findings of fact(s) made by Lower Courts

PRINCIPLE11/05/2023

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PRACTICE AND PROCEDURE – FUNDAMENTAL RIGHT (ENFORCEMENT PROCEDURE) RULES – Instance where the incorporation of the facts contained in an affidavit in support of an originating motion as grounds for the relief sought will be held to have complied with the provisions of the Fundamental Rights Enforcement Procedure Rules

PRINCIPLE11/05/2023

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JURISDICTION – JURISDICTION OF THE SUPREME COURT – Whether the Supreme Court has jurisdiction to hear appeals directly from decisions of the High Court

PRINCIPLE11/05/2023

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JURISDICTION – JURISDICTION OF THE STATE/FEDERAL HIGH COURT – Scope of the jurisdiction of the State and Federal High Courts with respect to enforcement of fundamental rights

PRINCIPLE11/05/2023

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LIMITATION LAW – LIMITATION PERIOD – Limitation period on action founded on contract; effect of bringing an action outside the limitation period

PRINCIPLE11/05/2023

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LIMITATION LAW – LIMITATION PERIOD – Limitation period on action founded on contract; effect of bringing an action outside the limitation period

PRINCIPLE11/05/2023

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LIMITATION LAW – LIMITATION PERIOD – Limitation period on action founded on contract; effect of bringing an action outside the limitation period

PRINCIPLE11/05/2023

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LIMITATION LAW – LIMITATION PERIOD – Limitation period on action founded on contract; effect of bringing an action outside the limitation period

PRINCIPLE11/05/2023

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LIMITATION LAW – LIMITATION PERIOD – Limitation period on action founded on contract; effect of bringing an action outside the limitation period

PRINCIPLE11/05/2023

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LIMITATION LAW – LIMITATION PERIOD – Limitation period on action founded on contract; effect of bringing an action outside the limitation period

PRINCIPLE11/05/2023

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APPEAL – FRESH POINT(S) ON APPEAL – Principles guiding the Appellate Courts in the exercise of their discretion to grant leave to a party to raise fresh point(s) on appeal:

PRINCIPLE11/05/2023

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APPEAL – RECORD OF APPEAL – Whether an appellate Court can act on an incomplete record:

PRINCIPLE11/05/2023

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APPEAL – RECORD OF APPEAL – Evolvement of the law on duty of registrar, appellant and respondent in compilation and transmission of record of appeal to the Court of Appeal

PRINCIPLE11/05/2023

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APPEAL – RECORD OF APPEAL – Importance of the record of appeal and whether parties and the Court are bound by it; function of the record of proceedings:

PRINCIPLE11/05/2023

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CONTRACT – SPECIFIC PERFORMANCE – Condition that must exist before an order of specific performance can be made:

PRINCIPLE11/05/2023

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APPEAL – FRESH POINT(S) ON APPEAL – Effect of raising an issue for the first time on appeal without leave of Court where so required:

PRINCIPLE11/05/2023

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CONTRACT – INVITATION TO TREAT – What is an invitation to treat; whether same constitutes an offer or a contract enforceable by an order of specific performance:

PRINCIPLE11/05/2023

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