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JUDGMENT AND ORDER – Judgment of court – Exceptional circumstances where judgment can be reviewed

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ACTION – Cause of action – Determination of Cause of action

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MAXIMS – “Ex debito Justitia” – Whether Ex debito Justitia granted as of right

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MORTGAGES – Equitable Mortgages – Creation of equitable mortgage

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MORTGAGES – Foreclosure – Whether foreclosure an appropriate remedy for equitable mortgagee

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PLEADINGS – Amendment of pleadings after evidence – Essence of amending pleadings after evidence – Whether amendment can be granted after evidence

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COURT – Reliefs not claimed – Whether Court can grant to a party what he did not ask for

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WORDS AND PHRASES – Laches – Meaning of laches

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COURT – Duty of the Court – Duty of the Court to pronounce on a claim before it in respect of which evidence has been led

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TORT – Tortuous Liability of a company

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PLEADINGS – The importance of pleadings – Need for pleadings to be sufficient, comprehensive and accurate

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LAND LAW – Possession and title – Whether possession can be liken to title

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LAND LAW – Declaration of title to land – Duty of court to exercise its discretion to grant title to land judicially

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ESTOPPEL – Estoppel per rem judicatam – What the defendant must establish to succeed in plea of Estoppel per rem judicatam

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APPEAL – Concurrent findings of facts – When Appellate court may interfere with concurrent findings of facts

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PLEADINGS – Bindingness of pleadings on parties – Need for parties before the superior courts to set out their cases as clearly as possible in their pleadings so as to avoid any element of surprise

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PLEADINGS – Admission in pleadings – Whether admission needs further proof – Need for party to lead evidence to prove unadmitted facts

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CONTRACT – Liability of agent – Contract made in the name of an agent without disclosing any principal – Personal liability of an agent

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ESTOPPEL – Nature of estoppel – Whether estoppel is a substantive rule of law or rule of evidence

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APPEAL – Issues for determination – When Appellate Court can raise and determine suo moto

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