PRINCIPLE Archives - Page 26 of 303

PRINCIPLE

APPEAL – Appeal against Decision/Finding of Court – Procedure for appealing against an interlocutory/ final decision of the Court of Appeal

PRINCIPLE20/11/2024

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EQUITABLE DEFENCES – Long Possession or Acquiescence – Whether long possession and acquiescence must be specifically pleaded in cases of declaration of title

PRINCIPLE20/11/2024

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WORDS AND PHRASES – “Prima Facie” “PRIMA FACIE CASE” “PRIMA FACIE EVIDENCE” – Meaning of “prima facie” and “prima facie case”

PRINCIPLE20/11/2024

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EQUITABLE DEFENCES – Acquiescence – Whether lapse of time is the only evidence required to establish a defence of acquiescence

PRINCIPLE20/11/2024

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JUDGMENT AND ORDER – Consent Judgment – Whether consent can serve as an alternative to committal proceedings

PRINCIPLE20/11/2024

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INTERPRETATION OF STATUTE – SECTION 340 OF THE CRIMINAL PROCEDURE ACT – Interpretation of Section 340(2)(a) and (b) of the Criminal Procedure Act as regards the power of a Judge to consent to the preferment of an information

PRINCIPLE20/11/2024

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EVIDENCE – Prima Facie Case – Meaning of a prima facie case within the contemplation of Section 324 of the Criminal Procedure Act

PRINCIPLE20/11/2024

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EQUITABLE DEFENCES – Acquiescence – When can the doctrine of acquiescence be invoked

PRINCIPLE20/11/2024

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EVIDENCE – Circumstantial Evidence – Conditions that must be met before a conviction can be sustained by circumstantial evidence

PRINCIPLE20/11/2024

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WORDS AND PHRASES – “Locus Standi” – Meaning of “locus standi

PRINCIPLE20/11/2024

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CRIMINAL LAW AND PROCEDURE – Information – Whether an information preferred by the leave of a High Court Judge will be deemed to have been properly instituted

PRINCIPLE20/11/2024

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CRIMINAL LAW AND PROCEDURE – Information – Whether an accused person will be put on trial if the depositions and statements attached to the information disclose an offence but there is no link between him and the offence he is being accused for

PRINCIPLE20/11/2024

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WORDS AND PHRASES – “Immediate Family” – Statutory definition of the term “immediate family

PRINCIPLE20/11/2024

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CRIMINAL LAW AND PROCEDURE – Indictment – Whether an indictment can be quashed merely on the ground that a doubt exists on whether the prosecution can secure a conviction

PRINCIPLE20/11/2024

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TORT – Rule in Smith v. Selwyn – At what instance will the principle laid down in Smith v. Selwyn be applied

PRINCIPLE20/11/2024

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CRIMINAL LAW AND PROCEDURE – Commencement of Criminal Proceeding – When criminal proceeding is said to have been properly instituted

PRINCIPLE20/11/2024

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JUDGMENT AND ORDER – Declaratory Judgment or Order – Whether other proceedings or action should be opened to objection on the ground that a declaratory judgment is being sought

PRINCIPLE20/11/2024

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CRIMINAL LAW AND PROCEDURE – Application for Consent – What must accompany an application for consent

PRINCIPLE20/11/2024

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ISLAMIC LAW AND PROCEDURE – Right of Election – Whether the blood relatives of a victim of culpable homicide punishable with death have the right of election to decide how an accused person should be punished

PRINCIPLE20/11/2024

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COURT – Power of Court – Whether a court has the power at common law to quash an indictment based on some specified conditions

PRINCIPLE20/11/2024

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