PRINCIPLE Archives - Page 225 of 303

PRINCIPLE

CRIMINAL LAW AND PRACTICE – SENTENCING – Discretionary powers of court to impose lesser sentence – Need to exercise discretion judicially and judiciously – When an appellate court may interfere with exercise of discretion by the trial court

PRINCIPLE27/01/2023

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CRIMINAL LAW AND PRACTICE – SENTENCING – Discretion of Court over sentencing – Whether an appellate court can readily interfere with a sentence imposed by a trial court – Duty of the appellant to establish necessary conditions to warrant interference

PRINCIPLE27/01/2023

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CRIMINAL LAW AND PRACTICE – RESTITUTION & SENTENCE – Whether an order of restitution and sentence in criminal trial amounts to double jeopardy

PRINCIPLE27/01/2023

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CRIMINAL LAW AND PRACTICE – RESTITUTION & SENTENCE – Whether an order of restitution and sentence in criminal trial amounts to double jeopardy

PRINCIPLE27/01/2023

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CRIMINAL LAW AND PRACTICE – RESTITUTION – Meaning and nature of restitution

PRINCIPLE27/01/2023

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CRIMINAL LAW AND PRACTICE – Obtaining Money by false pretence – Ingredients the prosecution must establish and prove to succeed in offence of obtaining money by false pretence

PRINCIPLE27/01/2023

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CRIMINAL LAW AND PRACTICE – ARRAIGNMENT – What constitutes a valid arraignment under Section 36 of the 1999 Constitution and Section 309 of the Administration of Criminal Justice Law of Anambra State

PRINCIPLE27/01/2023

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CRIMINAL LAW AND PRACTICE – ARRAIGNMENT – Taking of plea – Whether taking of plea of the defendant in block vitiates the proceeding – Need to be treated as a mere irregularity

PRINCIPLE27/01/2023

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COURT – POWER OF COURT – Source of Power of Court to make an order of restitution

PRINCIPLE27/01/2023

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COURT – POWER OF COURT – Source of Power of Court to make an order of restitution

PRINCIPLE27/01/2023

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TORT – Duty of care – The purport and what duty of care entails

PRINCIPLE24/01/2023

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TORT – Cause/Right of action in Tort – Whether death extinguishes Cause/Right of action in Tort

PRINCIPLE24/01/2023

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STATUTES/TORT – Basis of a claim under Section 3 of the Kaduna State Torts Law Cap 152

PRINCIPLE24/01/2023

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STATUTES – Fatal Accidents Law of Kaduna State – Need to be brought into conformity with the provisions of the Constitution

PRINCIPLE24/01/2023

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PRACTICE AND PROCEDURE: Reliefs/claims before the Court – Whether the reliefs claimed by a party must be restated in his written testimony or in the open court – What the claimant must do to succeed

PRINCIPLE24/01/2023

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PRACTICE AND PROCEDURE: Argument – The essence of argument of counsel – whether failure or absence of an alternative or contrary submission renders an argument correct and sacrosanct

PRINCIPLE24/01/2023

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MAXIMS – Ubi Jus Ibi Remedium

PRINCIPLE24/01/2023

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JURISDICTION: Jurisdiction of the Federal High Court – Whether jurisdiction of the FHC under Section 251(1) of the 1999 Constitution extends to claims for damages against federal government agencies – Instances where claims for damages can be accommodated under Section 251(1) of the 1999 Constitution

PRINCIPLE24/01/2023

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JURISDICTION: Claim(s) for Damages against Federal Government Agency – Whether claim(s) for damages against federal government agency can be accommodated under Section 251(1) of the 1999 Constitution

PRINCIPLE24/01/2023

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ELECTRICITY: Disconnection of electricity by officials of NEPA in execution of its statutory or public duty – Whether the act of disconnection qualifies as an executive or administrative action

PRINCIPLE24/01/2023

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