PRINCIPLE Archives - Page 211 of 303

PRINCIPLE

STARE DECISIS: Precedent – How to determine whether a decision qualifies as a precedent – Duty of the judge to chisel out the reason or rationale for a particular decision – Need for a case to be an authority of what it decided

PRINCIPLE06/05/2023

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PRACTICE AND PROCEDURE: Reliefs – Declaratory Relief – Duty of a party seeking declaratory relief to succeed on the strength of his own case – Exception to the general rule

PRINCIPLE06/05/2023

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INTERPRETATION OF STATUTES: Literal Rule of Interpretation – Need to accord words their natural and ordinary meaning

PRINCIPLE06/05/2023

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EVIDENCE: Unsigned Document – Whether an Unsigned document binds the alleged maker

PRINCIPLE06/05/2023

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EVIDENCE: Certification of Documents – Requirements for a valid certification of public documents

PRINCIPLE06/05/2023

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EVIDENCE: Admissibility and Probative Value – Whether every admitted document has equal probative value

PRINCIPLE06/05/2023

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ELECTORAL MATTERS: The Sui Generic nature of electoral matters – Applicability or otherwise of the interpretation Act to electoral matters as it relates to computation of time

PRINCIPLE06/05/2023

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ELECTORAL MATTERS: Constitution and Guidelines – Bindingness of political party by its Constitution and Guidelines

PRINCIPLE06/05/2023

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ELECTORAL MATTERS: Over Voting – How and onus to prove allegation of Over Voting

PRINCIPLE06/05/2023

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ELECTORAL MATTERS: Accreditation of Voters – Time stipulated for accreditation of voters/delegates – Whether or not accreditation must start and end at the stipulated time

PRINCIPLE06/05/2023

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ELECTORAL MATTERS: Effect of failure to give INEC 21 days’ notice of conference, Congress, or Meeting in compliance with Section 82(1) of the Electoral Act, 2022

PRINCIPLE06/05/2023

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COURT: Primary Function of an appellate Court – Duty of an appellate Court to determine the correctness of the decision appealed against not to delve into the reasons for the decision

PRINCIPLE06/05/2023

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APPEAL: Concurrent Findings – Reluctance of the Supreme Court to interfere with concurrent findings – Circumstances in which the Supreme Court may interfere with – Duty of the Appellant to prove the perverseness of the findings

PRINCIPLE06/05/2023

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APPEAL: Grounds of Appeal – Whether grounds of appeal can be rendered incompetent for verbosity, in elegance and vagueness – Duty of the court to do substantive justice

PRINCIPLE05/05/2023

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ACTION – Whether action for declaration of title to land is confined to lex forum reisitae

PRINCIPLE05/05/2023

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ACTION – LOCUS STANDI – The fundamental nature of locus standi – Where lacking – Effect on the action

PRINCIPLE05/05/2023

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ESTOPPEL – Estoppel by standing by – Effect of Estoppel by standing by:

PRINCIPLE22/02/2023

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DEMURRER – When demurrer is raised before trial – The effect of – Whether amounts to admission of the allegation of facts

PRINCIPLE22/02/2023

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JURISDICTION – How jurisdiction is created or conferred – Effect of a Trial conducted without jurisdiction

PRINCIPLE22/02/2023

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PLEADINGS – Statement of claim – When Statement of claim discloses no cause of action – Whether the defendant will be entitled to move the court to have the case dismissed without any answer on questions of fact from the defendant or respondent

PRINCIPLE22/02/2023

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