PRINCIPLE Archives - Page 214 of 303

PRINCIPLE

WORDS AND PHRASES – “Void” – Meaning of void – Whether an act that is void ab initio needs to be set aside:

PRINCIPLE20/02/2023

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WORDS AND PHRASES – Distinction between a Judgement which a court is not competent to make and one which competent but wrong in law or in fact

PRINCIPLE20/02/2023

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WORDS AND PHRASES – “Counterfeit” – Meaning of counterfeit

PRINCIPLE20/02/2023

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PLEADINGS – Unpleaded defence – Whether the defendant is entitled to rely on a defence not based upon a fact or facts stated in the statement of claim

PRINCIPLE20/02/2023

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WORDS AND PHRASES – “Public officer” – Meaning of public officer

PRINCIPLE20/02/2023

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WORDS AND PHRASES – “Demurrer” – Meaning of demurrer

PRINCIPLE20/02/2023

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TORT – LIBEL – Written Defamatory Words – When Defamatory Words input Crime – Whether the Defamatory Words actionable per se

PRINCIPLE20/02/2023

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PRACTICE AND PROCEDURE – EVIDENCE – Evidence in support of pleadings – Liberty of parties to adduce evidence in support of their pleadings

PRINCIPLE20/02/2023

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MORTGAGES – Power of Sale – Whether a Mortgagee can be restrained on the exercise of his power of sale merely because the mortgagor objects to the manner in which the sale is being arranged or because the mortgagor has commenced a redemption action in court

PRINCIPLE20/02/2023

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DAMAGES – Award of Damages – Principles guiding award of damages in an action for negligence

PRINCIPLE18/02/2023

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CUSTOMARY TENANCY – Surrender of Customary tenancy – Nature of Customary Tenancy – Conditions for surrender of Customary tenancy

PRINCIPLE18/02/2023

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RES JUDICATA – Nature of res judicata

PRINCIPLE18/02/2023

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ARBITRATION – Arbitral award – Jurisdiction of courts to interfere with arbitral award by an arbitrator

PRINCIPLE18/02/2023

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WORDS AND PHRASES – Meaning of misconduct

PRINCIPLE18/02/2023

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LAND LAW – Declaration of title to land – What the court must consider before granting

PRINCIPLE18/02/2023

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LAND LAW – Duty of Plaintiff in action for declaration of title to land – Exceptions to the Requirement that the plaintiff must succeed on the strength of his case

PRINCIPLE18/02/2023

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DAMAGES – Award of damages – Nature and quantum of damages to be awarded when the Plaintiff fails to lead evidence but relies heavily on inferences and presumption of damages

PRINCIPLE18/02/2023

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INTERPRETATION OF STATUTES – Penal statutes – Construction of Penal statutes – When there is ambiguity in the words which set out the elements of an act or omission declared to be an offence – Need to be resolved in favour of the person charged

PRINCIPLE18/02/2023

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ARBITRATION – Ouster of Jurisdiction Clause Whether Agreement to submit a dispute to arbitration ousts jurisdiction of court

PRINCIPLE18/02/2023

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LAND LAW – Root of title – When the Plaintiff’s root of title is challenged – Need for the Plaintiff to satisfy the court of title of the source to succeed

PRINCIPLE18/02/2023

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