PRINCIPLE Archives - Page 226 of 303

PRINCIPLE

DAMAGES – General Damages – Claim for damages over negligence – What the claimant must prove to succeed in a claim/relief for damages over negligence

PRINCIPLE24/01/2023

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ACTION/TORT – Cause/Right of action – Whether parents of a child, negligently electrocuted have cause of action against the tortfeasor for personal loss, pains, anguish and psychological trauma

PRINCIPLE24/01/2023

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ACTION – Action commenced/brought under a wrong law – Duty of the court to do justice despite the lacuna

PRINCIPLE24/01/2023

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PLEADINGS – AMENDED PROCESS/NOTICE OF APPEAL – Legal effect of an amended court process – Whether the Court can rely on an amended process in subsequent proceedings

PRINCIPLE20/01/2023

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JUSTICE – Miscarriage of Justice – Presumption of miscarriage of justice where there is a denial of fair hearing – Duty of the Supreme Court to nullify proceedings

PRINCIPLE20/01/2023

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JUDGMENT AND ORDER – RETRIAL/REHEARING – Proper order the Supreme Court should make where the Appellant’s right to fair Hearing is denied by the Court of Appeal

PRINCIPLE20/01/2023

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FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Proper order the Supreme Court should make where the Appellant’s right to fair Hearing is denied by the Court of Appeal – Effect of lack of fair hearing on the decision of Court

PRINCIPLE20/01/2023

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FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Fundamental Nature of Right to fair hearing – Effect of breach of fair hearing on the decision of Court

PRINCIPLE20/01/2023

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FUNDAMENTAL RIGHTS – Denial of Right to fair Hearing – Effect of lack of fair hearing on the decision of Court

PRINCIPLE20/01/2023

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COURT – RECORD OF COURT – Bindingness of Court by its records

PRINCIPLE20/01/2023

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APPEAL, PRACTICE AND PROCEDURE – Record of appeal – Bindingness of Record of Appeal on appellate Court and parties – Duty of the appellate Court to confine itself to the transmitted record

PRINCIPLE20/01/2023

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APPEAL – AMENDED NOTICE OF APPEAL – Duty of Appellate Court to rely on amended notice of appeal – Effect of failure to rely on amended notice of appeal – Whether failure to consider an amended process constitutes a fundamental breach of right to fair hearing

PRINCIPLE20/01/2023

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

PRINCIPLE19/01/2023

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ACTION – Order on Nonsuit – When an order of nonsuit can be made by trial court – Need to hear evidence before making an order of nonsuit

PRINCIPLE19/01/2023

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ACTION, JUDGMENT AND ORDERS – Order of Nonsuit – Need to be made after hearing from the parties or their counsel

PRINCIPLE19/01/2023

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ADMINISTRATIVE LAW, FAIR HEARING – Cardinal principles of fair hearing

PRINCIPLE19/01/2023

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APPEAL – Findings of facts by trial judge – Need of the appellate court to be weary in interfering with findings of facts

PRINCIPLE19/01/2023

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APPEAL – New issue(s) on appeal – Whether new issues can be raised on appeal – Exception to the general rule

PRINCIPLE19/01/2023

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APPEAL – Notice of Appeal – Fundamental Nature of notice of appeal – Need for notice of appeal to be properly drafted – Need to strike out incompetent Notice of Appeal

PRINCIPLE19/01/2023

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

PRINCIPLE19/01/2023

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