PRINCIPLE Archives - Page 206 of 303

PRINCIPLE

PRACTICE AND PRECEDURE – Priority over Pending Motions/Applications – Need to consider application seeking to cure/amend before the application seeking to terminate

PRINCIPLE08/05/2023

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COURT – Supreme Court – Powers of the Supreme Court to extend or enlarge times prescribed by Section 27(4) of the SC Act for giving/filing of Notice of Appeal

PRINCIPLE08/05/2023

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COURT – Judicial Discretion – Discretionally powers of court to grant or refuse motion/application – Duty of court to exercise discretional powers judicially and judiciously:

PRINCIPLE08/05/2023

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CONTEMPT – Right(s) of a contemnor – Whether a contemnor must purge his contempt to be entitled to any right/relief before the court – Exceptions to the general rule

PRINCIPLE08/05/2023

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APPEAL – Notice of Appeal – Circumstances under which a Notice of Appeal can be rendered irredeemably incompetent

PRINCIPLE08/05/2023

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APPEAL – Notice of Appeal – Amendment of Notice of Appeal – The liberty of the Appellant to amend Notice of Appeal at any time before judgment – Readiness of the Court to exercise its discretion in favour of amendment

PRINCIPLE08/05/2023

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APPEAL – LEAVE TO APPEAL/FILE ADDITIONAL GROUNDS OF APPEAL – Whether failure to obtain Records of Proceedings within time is a good and substantial reason/ground for the grant of application for extension or enlargement of time to appeal – What counsel should do when faced with the difficulty of obtaining records of proceedings

PRINCIPLE08/05/2023

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APPEAL – LEAVE TO APPEAL – What the Applicant in application for Leave to Appeal must show to succeed – Whether the conditions for grant of leave to appeal are conjunctive

PRINCIPLE08/05/2023

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APPEAL – LEAVE TO APPEAL – Conditions for Leave to Appeal – How to determine whether Grounds of appeal have shown good cause why the appeal should be heard

PRINCIPLE08/05/2023

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APPEAL: Grounds of Appeal – Whether a single ground of law can sustain an appeal

PRINCIPLE08/05/2023

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APPEAL – Grounds of Appeal – Competent and Incompetent Grounds of Appeal – Whether a single competent Ground of Appeal can sustain an appeal

PRINCIPLE08/05/2023

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INTERPRETATION OF STATUTES: Literal Rule of Interpretation – Section 84 (5)(c)(i) of the Electoral Act, 2022 – Duty of the Court to give literal meaning to the clear and unambiguous provisions of Section 84 (5)(c)(i) of the Electoral Act

PRINCIPLE08/05/2023

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TECHNICALITIES: Defective Charge – Need to treat defect in a charge as a mere irregularity – Attitude of court to technical justice

PRINCIPLE08/05/2023

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EVIDENCE: Assertion – Burden of proof – Duty of he who alleges or asserts to prove

PRINCIPLE08/05/2023

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CRIMINAL LAWA AND PROCEDURE – Charge – Essence of a charge – presumption of regularity of a charge

PRINCIPLE08/05/2023

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CRIMINAL LAW AND PROCEDURE: Invalid Charge – Effect of a conviction secured on invalid charge or without a charge

PRINCIPLE08/05/2023

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CRIMINAL LAW AND PROCEDURE: Conviction without a charge – Proper order the appellate court should make when the accused was misled in his defence in the absence of a charge

PRINCIPLE08/05/2023

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CRIMINAL LAW AND PROCEDURE: Charge – Whether or not each count of the charge must be signed by the drafter

PRINCIPLE08/05/2023

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CRIMINAL LAW AND PROCEDURE: Charge – Validity of a charge – Whether or not a charge must be signed by the Hon. Attorney General or an authorized officer to be valid

PRINCIPLE08/05/2023

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CRIMINAL LAW AND PROCEDURE: Amendment of a charge – Effect of an amended charge – Whether or not an amended charge dates back to the date the original charge was filed

PRINCIPLE08/05/2023

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