PRINCIPLE

INTERPRETATION OF STATUTE – Section 88(1) of The High Court Law – Interpretation of Section 88(1) of the High Court Law as regards immunity of judges from civil liability for anything done in their judicial capacity

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COURT – Judicial Immunity – Whether an action is maintainable against a judge for anything said or done in the exercise of a jurisdiction which belongs to him

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COURT – Judicial Immunity – Purpose of judges’ immunity for acts done in their judicial capacity

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COURT – Judicial Immunity – Purpose of judges’ immunity for acts done in their judicial capacity

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COURT – Judicial Immunity – Essential prerequistes for judicial immunity

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EVIDENCE – Plea of Non Est Factum – Whether the plea of non est factum requires clear and positive evidence before it can be established

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EVIDENCE – Plea of Non Est Factum – When a plea of non est factum will not avail a person

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CONTRACT – Void Document – What renders a document void

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CONTRACT – Non Est Factum – When the plea of non est factum will avail an illiterate person

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APPEAL – Interference with the Exercise of Discretion – Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court

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APPEAL – Interference With Finding(s) of Fact(s) – Whether an appellate court can interfere with or disturb the findings of facts or inferences drawn by a lower court

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ACTION – Pleadings – Whether an allegation of fraud must be specifically pleaded

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EVIDENCE – Standard of Proof – Standard of proof in civil cases

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EVIDENCE – Issue Estoppel – Doctrine of issue estoppel and its effect

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JUDGMENT AND ORDER – Order of Retrial/Trial De Novo – Principles that guide the court in making an order of retrial

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COURT – Area Court – Whether Area Courts are bound to obtain the consent of parties, before summoning witness suo motu

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JUDGMENT AND ORDER – Setting Aside Judgment/Order – Principles of law that govern the setting aside of a judgment

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EVIDENCE – Estoppel Per Rem Judicatam/Res Judicata – Doctrine of res judicata

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JUDGMENT AND ORDER – Order of Court – Option open to a person affected by an order of court which is a nullity

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EVIDENCE – Estoppel Per Rem Judicatam/Res Judicata – Doctrine of res judicata

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