PRINCIPLE

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

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CRIMINAL LAW AND PROCEDURE – Provocation – Whether the accused’s mere belief of witchcraft sustainable in law

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CRIMINAL LAW AND PROCEDURE – Quantum of Evidence – Whether the prosecution is bound to call every piece of evidence to prove its case

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

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

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FUNDAMENTAL RIGHTS – Cases bothering on fundamental rights – Need for fundamental right cases to be dispensed expeditiously

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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 the act or omission declared to be an offence – Need to be resolved in favour of the person charged

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JUDGMENT AND ORDERS – Effect of An Order made in the absence of an affected party

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JUDGMENT AND ORDERS – Non-suit – Purport of non-suit – When non-suit can be entered

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JUDGMENT AND ORDERS – Retrial – When Supreme Court may grant an order for retrial – Principles governing order for retrial

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JURISDICTION – Meaning and nature of jurisdiction

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JURISDICTION – Meaning of jurisdiction – When action commenced in a wrong court – Effect on jurisdiction of the court

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JURISDICTION – When a court acts without jurisdiction – Effect of lack of jurisdiction on decision of the court

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JURISDICTION – When jurisdiction can be raised – Whether the defendant must give notice of intention to challenge jurisdiction of court in statement of defence

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LABOUR LAW – Termination of contract of employment – When the employer alleges misconduct – Duty of the court thereof

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EVIDENCE – Admissibility of extrinsic evidence – Purport and usefulness of extrinsic evidence

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LAND LAW – PLEADINGS – Issues in pleadings – Bindingness of pleadings on parties – When identity of land not in issue – Needlessness to identify land

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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

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PLEADINGS – Bindingness of pleadings on Parties and court – Duty of the Court to adjudicate on matters raised by the parties in their pleadings:

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

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