PRINCIPLE

APPEAL: Leave to Appeal – Effect of failure to obtain leave before filing appeal on grounds of mixed law and facts

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APPEAL: Grounds of Appeal – The thin line between grounds of law and mixed law and facts – Classification of grounds of appeal – How grounds of appeal can be classified or differentiated

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APPEAL: Appeal as of right – Appeal from Court of Appeal to the Supreme Court – Effect of failure to obtain leave to appeal to Supreme Court where leave is required

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APPEAL: Amendment of Notice of Appeal – Discretionary right of the Appellant to amend a valid and competent Notice of Appeal

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APPEAL – Amendment of Notice of Appeal – The essence of amendment of Notice of Appeal

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WORDS AND PHRASES: “Perverse Findings” Meaning and what a perverse finding entails

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PRACTICE AND PROCEDURE: Concurrent findings of fact(s) – Attitude of the Supreme Court to concurrent findings – Rights of the Supreme Court to interfere with perverse findings

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PRACTICE AND PROCEDURE: Concurrent findings – Attitude of the Supreme Court to concurrent findings by the lower courts

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EVIDENCE: Evaluation of Evidence – Primary duty of the trial judge to evaluate evidence – Rationale behind assignment of the role of evaluation of evidence to the trial judge

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APPEAL: Reasons for a Decision – Whether or not an appellate court will interfere with the findings of a trial court on the ground of incorrect reasoning

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APPEAL: Issues for Determination – The principles governing formulation of issues for determination of an appeal

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APPEAL: Issues for Determination – Discretion of the Supreme Court to re-frame, re-arrange or reformulate issues for determination

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APPEAL: Grounds of Appeal – Whether or not repetitive observations or remarks by a trial court qualifies as a decision or determination of the court

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APPEAL: Concurrent findings of facts – Weariness of the Appellate Court to interfere with findings of facts firmly supported by evidence

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APPEAL: Appellate Court – Duty of an appellate court to be concerned with whether or not the decision appealed against was correct

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PRACTICE AND PROCEDURE: Concurrent findings of fact(s) – Attitude of Supreme Court to concurrent findings of facts by the lower courts – Grounds or reasons for interference with concurrent findings

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PRACTICE AND PROCEDURE: Effect of failure to comply with a special procedure prescribed for procurement of a remedy

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APPEAL: Concurrent Findings – Where the Supreme Court may interfere with concurrent findings of facts by the lower courts

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JURISDICTION: Investment and Securities Tribunal – Exclusive jurisdiction of the Investment and Securities Tribunal to adjudicate over disputes bordering on capital market operations and investments

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JURISDICTION/JUDGMENT AND ORDERS: Proper Order to make where the court lacks jurisdiction – Effect of steps or direction reached without jurisdiction

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