PRINCIPLE Archives - Page 175 of 303

PRINCIPLE

APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – Circumstances where leave of Court must be sought and obtained to file an appeal and effect of failure to obtain same

PRINCIPLE10/05/2023

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JURISDICTION – JURISDICTION OF THE COURT OF APPEAL – Statutory provision as to the exclusive appellate jurisdiction of the Court of Appeal

PRINCIPLE10/05/2023

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APPEAL – FORMULATION OF ISSUE(S) FOR DETERMINATION – Whether issue(s) for determination and/or ground(s) of appeal must be related to the part of the decision appealed against; effect of failure

PRINCIPLE10/05/2023

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LABOUR LAW – MASTER/SERVANT RELATIONSHIP – Whether a master can terminate the contract of the servant anytime

PRINCIPLE10/05/2023

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LABOUR LAW – MASTER/SERVANT RELATIONSHIP – When the termination of the employment of an employee by the employer in a master/servant relationship will be wrongful; remedy available for wrongful termination

PRINCIPLE10/05/2023

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EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – On whom lies the burden of proof in a case of wrongful termination of employment; how same is discharged

PRINCIPLE10/05/2023

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INTERPRETATION OF STATUTE – RULES OF INTERPRETATION OF CONSTITUTION – Approach Courts adopt in finding solutions to Constitutional questions in the course of interpretation

PRINCIPLE10/05/2023

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DAMAGES – SPECIAL/GENERAL DAMAGES – Distinction between general and special damages

PRINCIPLE10/05/2023

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COURT – POWER OF COURT – Extent and scope of judicial powers vested in the Courts by virtue of Section 6(6) of the Constitution

PRINCIPLE10/05/2023

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DAMAGES – SPECIAL DAMAGES – Whether special damages that have been specifically pleaded must be strictly proved

PRINCIPLE10/05/2023

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APPEAL – EXTENSION/ENLARGEMENT OF TIME TO APPEAL – Documents an applicant for extension of time to appeal should file along with his application

PRINCIPLE10/05/2023

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CONSTITUTIONAL LAW – CONSTITUTION – Meaning of Constitution and the evolution of constitutionalism

PRINCIPLE10/05/2023

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APPEAL – EXTENSION/ENLARGEMENT OF TIME TO APPEAL – Whether mistake of counsel qualify as special circumstance to justify the grant of extension of time to appeal

PRINCIPLE10/05/2023

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GOVERNMENT – ARMS OF GOVERNMENT – The three arms of government and their roles

PRINCIPLE10/05/2023

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APPEAL – INTERFERENCE WITH EVALUATION OF EVIDENCE – Instance(s) when an Appellate Court will/will not interfere with the evaluation of evidence of a Lower Court

PRINCIPLE10/05/2023

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COURT – JURISDICTION – Importance of jurisdiction

PRINCIPLE10/05/2023

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APPEAL – INTERFERENCE WITH EVALUATION OF EVIDENCE – Circumstance(s) when an Appellate Court will not interfere with evaluation of evidence made by a Trial Court

PRINCIPLE10/05/2023

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PRACTICE AND PROCEDURE – PRELIMINARY OBJECTION – Best procedure where the purpose of an objection is merely to challenge the competence of some of the grounds of Appeal and not the competence of the entire appeal

PRINCIPLE10/05/2023

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PRACTICE AND PROCEDURE – PRELIMINARY OBJECTION – Aim/purpose/essence of a preliminary objection; effect of same

PRINCIPLE10/05/2023

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PRACTICE AND PROCEDURE – ACADEMIC OR HYPOTHETICAL QUESTION(S)/ISSUES/SUIT/EXERCISE – Meaning and nature of hypothetical/academic exercise/question/issue

PRINCIPLE10/05/2023

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