PRINCIPLE Archives - Page 168 of 303

PRINCIPLE

JUDGMENT AND ORDER – ERROR/MISTAKE IN JUDGMENT – Whether every error/mistake/slip in a judgment will result in a judgment being set aside

PRINCIPLE11/05/2023

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APPEAL – ARGUMENT ON APPEAL – Whether arguments on appeal must flow from/relate to the ratio decidendi of the decision appealed against

PRINCIPLE11/05/2023

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SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Who can sue and be sued in an action for wrongful arrest or detention of a ship

PRINCIPLE11/05/2023

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DAMAGES – SPECIAL DAMAGES – Whether a claim for special damages must be specifically pleaded and strictly proved

PRINCIPLE11/05/2023

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APPEAL – UNAPPEALED FINDING(S)/DECISION(S) – Effect of unappealed finding(s)/decision(s) of court

PRINCIPLE11/05/2023

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SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Whether claim for damages for arrest of a ship is a claim for special damages which must be particularized and proved; effect of failure thereof

PRINCIPLE11/05/2023

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LAND LAW – CERTIFICATE OF OCCUPANCY – Whether certificate of occupancy is conclusive evidence of title

PRINCIPLE11/05/2023

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APPEAL – ISSUE(S) FOR DETERMINATION – Effect of issue(s) for determination not distilled from or related to ground(s) of appeal

PRINCIPLE11/05/2023

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LAND LAW – ROOT OF TITLE – Position of law where parties trace their root of title to one source

PRINCIPLE11/05/2023

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SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Whether claim for damages for wrongful arrest or detention of a ship is a claim for special damages which must be specially pleaded and strictly proved

PRINCIPLE11/05/2023

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APPEAL – EXTENSION/ENLARGEMENT OF TIME TO APPEAL – Conditions to be satisfied by an applicant seeking extension of time to appeal and whether the conditions must co-exist

PRINCIPLE11/05/2023

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COMMERCIAL LAW – RATIFICATION – Meaning and effect of ratification

PRINCIPLE11/05/2023

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COURT – DISCRETION OF COURT – What a party applying to the court to exercise its discretionary power in his favour must do in order to succeed

PRINCIPLE11/05/2023

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EVIDENCE – BURDEN OF PROOF/STANDARD OF PROOF – Burden and standard of proof in an action for declaration of title to land; whether a plaintiff can rely on the weakness of defence to prove his case

PRINCIPLE11/05/2023

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EVIDENCE – PROOF OF TITLE TO LAND – Ways by which ownership/title to land may be proved; whether a plaintiff needs to prove all the five ways

PRINCIPLE11/05/2023

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SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Provision of the law on the arrest of a ship; purpose of an arrest

PRINCIPLE11/05/2023

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APPEAL – EXTENSION/ENLARGEMENT OF TIME TO APPEAL – Conditions to be satisfied by an applicant seeking extension of time to appeal and whether the conditions must co-exist; exception(s) to same

PRINCIPLE11/05/2023

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APPEAL – ISSUE(S) FOR DETERMINATION – Effect of issue(s) for determination not distilled from or related to ground(s) of appeal

PRINCIPLE11/05/2023

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ARBITRATION AND CONCILIATION – ENFORCEMENT OF ARBITRAL AWARD – Instance(s) where an arbitral award should be summarily enforced by the trial Court

PRINCIPLE11/05/2023

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LANDLORD AND TENANT – NOTICE TO QUIT – Effect of service of a writ of summons for repossession of a property on an irregular notice to quit

PRINCIPLE11/05/2023

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