PRINCIPLE Archives - Page 28 of 303

PRINCIPLE

EVIDENCE – Proof – Whether a certificate of incorporation is a conclusive evidence of compliance with the requirement of the Lands (Perpetual Succession) Act

PRINCIPLE20/11/2024

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EVIDENCE – Evidential Value – Evidential value of a certificate of incorporation

PRINCIPLE20/11/2024

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COURT – Power of Court – Extent and scope of judicial powers vested in the Courts by virtue of Section 6 of the Constitution

PRINCIPLE20/11/2024

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COMPANY LAW – Incorporation of Trustees – Particulars required in respect of application for incorporation

PRINCIPLE20/11/2024

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COMMERCIAL LAW – Void Transactions – Distinction between a void transaction and a voidable transaction

PRINCIPLE20/11/2024

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APPEAL – Fresh Point(s) on Appeal – Factors that the Court must be satisfied with before it can decide to raise a fresh point in favour of an appellant

PRINCIPLE20/11/2024

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APPEAL – Fresh Point(s) on Appeal – Circumstance(s) in which an appellate court will/may entertain fresh point/issues on appeal

PRINCIPLE20/11/2024

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ACTION – Statement of Claim – Effect of a defect in the drafting of a statement of claim

PRINCIPLE20/11/2024

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ACTION – Locus Standi – Nature of the legal concept of locus standi

PRINCIPLE20/11/2024

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WORDS AND PHRASES – “Perverse” “Perverse Decision” – Meaning of “perverse” and “perverse decision

PRINCIPLE20/11/2024

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LAND LAW – Survey Plan – When a survey plan will not be necessary

PRINCIPLE20/11/2024

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JUDGMENT AND ORDER – Perverse Decision – What is required of an appellate court when faced with a perverse judgment

PRINCIPLE20/11/2024

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JUDGMENT AND ORDER – Order of Court – Whether a court can order an injunction even where it is not specifically claimed

PRINCIPLE20/11/2024

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EVIDENCE – Evaluation of Evidence – Whether evaluation of evidence and ascription of probative value is a primary function of the trial Court

PRINCIPLE20/11/2024

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CUSTOMARY LAW – Customary Tenancy – Whether the possessory right of a customary tenant remains in perpetuity until tenancy is forefeited

PRINCIPLE20/11/2024

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CUSTOMARY LAW – Customary Tenancy – At what instance will an overlord or his successors-in-title dispossess a customary tenant of his title

PRINCIPLE20/11/2024

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APPEAL – Interference With Evaluation of Evidence – Principles under which an Appellate Court would interfere with the findings of a Lower Court based on evaluation of evidence

PRINCIPLE20/11/2024

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ACTION – Traverse – Proper mode of denial in pleadings

PRINCIPLE20/11/2024

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ACTION – Pleadings – Whether parties are bound by their pleadings; effect of leading evidence on facts not pleaded

PRINCIPLE20/11/2024

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ACTION – Pleadings – Aim/object/purpose of pleadings

PRINCIPLE20/11/2024

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