PRINCIPLE Archives - Page 159 of 303

PRINCIPLE

CONTRACT – FORMATION OF CONTRACT – Meaning of contract: what distinguishes contractual obligations from other legal obligations:

PRINCIPLE11/05/2023

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CONTRACT – VALIDITY OF CONTRACT – Essential elements of a valid contract:

PRINCIPLE11/05/2023

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EVIDENCE – PROOF OF CUSTOM/CUSTOMARY LAW – Whether he who asserts a custom which has not been judicially noticed must prove same; effect of failure:

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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CUSTOMARY LAW – OATH TAKING – Whether oath-taking is recognised under customary law arbitration:

PRINCIPLE11/05/2023

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APPEAL – INTERFERENCE WITH FINDING(S) OF FACT(S) – Whether an Appellate Court will interfere with the decision of a trial Court where the judgment of the court is right but the reasons are wrong:

PRINCIPLE11/05/2023

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COURT – RAISING ISSUE(S) SUO MOTU – Whether a Court can raise an issue suo motu and determine it without hearing parties; distinction between raising an issue suo motu and looking into the case/file by the Court to determine a matter:

PRINCIPLE11/05/2023

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APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Attitude of the Supreme Court to interference with concurrent finding(s) of fact(s) of Lower Courts:

PRINCIPLE11/05/2023

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CUSTOMARY LAW – OATH TAKING – Whether parties who resort to oath taking to settle land matter/ any dispute are bound by it and position of the law on application of common law principles in such matter:

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – OFFENCE OF TERRORISM – Nature of international terrorism:

PRINCIPLE11/05/2023

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EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – Whether a plaintiff can rely on the weakness of the case of the defendant to prove his own case in an action for declaration of title:

PRINCIPLE11/05/2023

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LAND LAW – FAMILY PROPERTY/LAND – Definition of family property:

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – OFFENCE OF TERRORISM – Meaning and nature of the offence of terrorism:

PRINCIPLE11/05/2023

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EVIDENCE – CONFESSIONAL STATEMENT – Whether confession is the best form of evidence in a criminal trial:

PRINCIPLE11/05/2023

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EVIDENCE – CONFESSIONAL STATEMENT – Whether conviction can be set aside solely because it was based entirely on a retracted confession:

PRINCIPLE11/05/2023

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EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – On whom lies the onus of proof of custom:

PRINCIPLE11/05/2023

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JUDGMENT AND ORDER – WRITING OF JUDGMENT – When failure of a trial Judge to state the point(s) or issue(s) for determination in the judgment as provided for in Section 308 of the Administration of Criminal Justice Act will not render the judgment a nullity:

PRINCIPLE11/05/2023

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EVIDENCE – PROOF OF CUSTOM/CUSTOMARY LAW – Position of the law as regards proof of customary law in relation to oath taking in land matters:

PRINCIPLE11/05/2023

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CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING – Whether a party who had an opportunity of being heard but did not utilize it can bring an action for breach of fair hearing

PRINCIPLE11/05/2023

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APPEAL – FILING/ENTRY OF APPEAL – Statutory period for filing an appeal in a criminal cause or matter; effect of filing such appeal out of time and without leave of Court:

PRINCIPLE11/05/2023

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