PRINCIPLE Archives - Page 289 of 303

PRINCIPLE

APPEAL – FRESH POINT(S) ON APPEAL – Circumstances when fresh point will not be entertained by the Supreme Court

PRINCIPLE23/02/2022

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APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Instances where the Supreme Court will interfere with concurrent findings of fact(s) by Lower Courts

PRINCIPLE23/02/2022

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ACTION – JOINING OF ISSUES – When can it be said that issues have been joined; whether the Court and parties are bound by the issues joined

PRINCIPLE23/02/2022

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ACTION – PLEADINGS – Essence of pleadings:

PRINCIPLE23/02/2022

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JURISDICTION – JURISDICTION OF THE SUPREME COURT – Whether the original jurisdiction of the Supreme Court extends to pre-election or election related matters

PRINCIPLE23/02/2022

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APPEAL – FRESH POINT(S) ON APPEAL – Principles guiding the Appellate Courts in the exercise of their discretion to grant leave to a party to raise fresh point(s) on appeal

PRINCIPLE23/02/2022

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ELECTION PETITION – BURDEN OF PROOF – What a petitioner contesting legality or lawfulness of votes cast in an election must show

PRINCIPLE23/02/2022

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APPEAL – FRESH POINT(S) ON APPEAL – Effect of raising an issue for the first time on appeal without leave of Court where so required

PRINCIPLE23/02/2022

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ELECTION PETITION – ELECTION RESULT – How to prove allegation of unlawful exclusion of votes in an election; instance where a party would be held to have successfully proved unlawful exclusion of votes

PRINCIPLE22/02/2022

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EVIDENCE – PROOF OF CUSTOM/CUSTOMARY LAW – Whether he who asserts a custom which has not been judicially noticed must prove same; effect of failure

PRINCIPLE22/02/2022

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OATH TAKING UNDER CUSTOMARY ARBITRATION (UMEADI & ORS v. CHIBUNZE & ANOR)

PRINCIPLE22/02/2022

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CUSTOMARY LAW – OATH TAKING – Whether parties who resort to oath taking to settle land matter/ any dispute are bound by it and position of the law on application of common law principles in such matter

PRINCIPLE22/02/2022

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EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – Whether a plaintiff can rely on the weakness of the case of the defendant to prove his own case in an action for declaration of title

PRINCIPLE22/02/2022

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LAND LAW – FAMILY PROPERTY/LAND – Definition of family property

PRINCIPLE22/02/2022

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EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – On whom lies the onus of proof of custom

PRINCIPLE22/02/2022

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EVIDENCE – PROOF OF CUSTOM/CUSTOMARY LAW – Position of the law as regards proof of customary law in relation to oath taking in land matters

PRINCIPLE22/02/2022

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APPEAL – FILING/ENTRY OF APPEAL – Statutory period for filing an appeal in a criminal cause or matter; effect of filing such appeal out of time and without leave of Court

PRINCIPLE22/02/2022

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APPEAL – INTERFERENCE WITH THE EXERCISE OF DISCRETION – Whether the grant or refusal of an application for bail is at the discretion of the Court; where an appellate court will not interfere

PRINCIPLE22/02/2022

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APPEAL – FILING/ENTRY OF APPEAL – Statutory period for filing an appeal in a criminal cause or matter; effect of filing such appeal out of time and without leave of Court

PRINCIPLE22/02/2022

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APPEAL – NATURE OF APPEAL – Whether a ground of appeal must be directed at an obiter dictum or the ratio decidendi of the judgment appealed against

PRINCIPLE22/02/2022

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