PRINCIPLE Archives - Page 222 of 303

PRINCIPLE

ACTION – Consolidation of Action – purport of consolidation of action – When actions may be consolidated:

PRINCIPLE14/02/2023

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COURT/CRIMINAL LAW AND PRACTICE- Power of Courts – Power and Jurisdiction of court to make orders in appropriate cases

PRINCIPLE13/02/2023

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ELECTORAL MATTERS – Substitution of candidates – Circumstances under which a political party can lawfully substitute its candidate under section 33 of the Electoral Act 2022

PRINCIPLE07/02/2023

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ELECTORAL MATTERS – Time for Filing pre-election matters – When the time fixed by section 185(9) of the 1999 Constitution begins to run

PRINCIPLE07/02/2023

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CRIMINAL LAW AND PRACTICE – Limitation of Time for prosecuting Offences – The rationale behind inclusion of limitation law in criminal trials

PRINCIPLE07/02/2023

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CONSTITUTIONAL LAW/ELECTOLAL MATTERS- Pre-election Cases – Time for filing pre-election matters – Whether the time for filing pre-election matters as stipulated in Section 285 (9) of the 1999 Constitution can relaxed or extended

PRINCIPLE07/02/2023

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CONSTITUTIONAL LAW – Constitutional timeframes – Time prescribed by the 1999 Constitution – Whether a time fixed by the Constitution for doing an act can be extended or relaxed

PRINCIPLE07/02/2023

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ACTION- Statute barred action – The effect of a statute barred action or counter-claim

PRINCIPLE07/02/2023

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ACTION – Meaning of cause of action

PRINCIPLE07/02/2023

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ACTION – Counter Claim – The independence of a Counter Claim – Need for a counter claim to comply with the relevant laws including the applicable limitation law

PRINCIPLE07/02/2023

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PRACTICE AND PROCEDURE – Notice of Preliminary Objection – Whether filing of Preliminary Objection estops or precludes the affected party from taking steps to regularise the defective process

PRINCIPLE06/02/2023

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PRACTICE AND PROCEDURE – Notice of Preliminary Objection – Whether a pending Notice of Preliminary Objection estops or precludes a party from taking steps to regularise a defective process

PRINCIPLE06/02/2023

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APPEAL – Notice of Appeal – Validity of Notice of Appeal – Whether Notice of Appeal can be declared incompetent for containing both competent and incompetent grounds – Whether a single competent ground can sustain an appeal

PRINCIPLE06/02/2023

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APPEAL – Leave to appeal – The essence of leave to appeal – Need for leave to appeal be granted when it is obvious that prima facie error has been committed

PRINCIPLE06/02/2023

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APPEAL – Grounds of Appeal – Nature of a ground of appeal attacking misunderstanding or misapplication of law

PRINCIPLE06/02/2023

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APPEAL – Notice of Appeal – Amendment of Notice of Appeal – When Notice of Appeal can be amended

PRINCIPLE06/02/2023

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APPEAL – Notice of Appeal – Amendment of Notice of Appeal – When and how a notice of appeal can be validly amended – Duty of the court to exercise its discretion judicially and judiciously

PRINCIPLE06/02/2023

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PLEADINGS – Amendment of Pleadings – Effect of amended pleadings – The supersession/superiority of amended statement of claim over writ of summons

PRINCIPLE06/02/2023

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PLEADINGS – Amendment of Pleadings – The retrospective nature of amendment – Duty of Court to deem amendment to have been inserted from the beginning

PRINCIPLE06/02/2023

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PLEADINGS – Amended Pleadings – Whether amended pleadings still define the live issues before the court

PRINCIPLE06/02/2023

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