PRINCIPLE Archives - Page 296 of 303

PRINCIPLE

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ORIGINATING SUMMON(S) – Instance where a court will be held to have been wrong for striking out the originating summons of a party for not containing questions for determination

PRINCIPLE17/02/2022

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ACTION – ORIGINATING SUMMON(S) – Instance where a court will be held to have been wrong for striking out the originating summons of a party for not containing questions for determination

PRINCIPLE17/02/2022

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APPEAL – GROUND(S) OF APPEAL – Whether leave of court is required to file an appeal on grounds of mixed law and fact and effect of failure thereof

PRINCIPLE17/02/2022

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GROUND(S) OF APPEAL – Whether leave of court is required to file an appeal on grounds of mixed law and fact and effect of failure thereof

PRINCIPLE17/02/2022

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APPEAL – GROUND(S) OF APPEAL – How to determine whether a ground of appeal is one of law, facts or mixed law and facts; effect of failure to obtain leave to file grounds of mixed law and fact

PRINCIPLE17/02/2022

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PRACTICE AND PROCEDURE – DELAY – Whether a party can be allowed to benefit from the delay he caused

PRINCIPLE17/02/2022

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DELAY – Whether a party can be allowed to benefit from the delay he caused

PRINCIPLE17/02/2022

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CRIMINAL TRIAL/PROCEEDINGS – Whether an accused person who contributed to the delay in his trial can apply for an order quashing/dismissing all the charges against him and discharging him because of the long delay in his trial

PRINCIPLE17/02/2022

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CRIMINAL LAW AND PROCEDURE – CHARGE(S) – Guiding principles in considering an application to quash a charge

PRINCIPLE17/02/2022

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RIGHT TO FAIR HEARING – Right of a person to a fair hearing in public within a reasonable time by a Court or Tribunal and when a person will be held to have waived same

PRINCIPLE17/02/2022

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BREACH OF RIGHT TO FAIR HEARING – Whether an accused person who willfully absented himself from his trial thereby causing a delay in same can complain that his right to fair hearing has been breached

PRINCIPLE17/02/2022

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APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Instances where the Supreme Court will not interfere with concurrent findings of fact(s) made by Lower Courts

PRINCIPLE16/02/2022

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APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – Whether the granting of leave to appeal is not sufficient to cure the defect in a notice of appeal that had earlier been filed without leave having regard to the decision of the Supreme Court in Williams v. Mokwe

PRINCIPLE16/02/2022

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ABUSE OF COURT/JUDICIAL PROCESS(ES) – Instance of an abuse of court process and the effect of same

PRINCIPLE16/02/2022

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CASE LAW – JUDICIAL PRECEDENT/STARE DECISIS – Doctrine of stare decisis; whether the granting of leave to appeal is not sufficient to cure the defect in a notice of appeal that had earlier been filed without leave having regard to the decision of the Supreme Court in Williams v. Mokwe

PRINCIPLE16/02/2022

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PRACTICE AND PROCEDURE – ABUSE OF COURT/JUDICIAL PROCESS(ES) – Instance(s) when abuse of Court process will arise

PRINCIPLE16/02/2022

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PRACTICE AND PROCEDURE – ACADEMIC OR HYPOTHETICAL QUESTION(S)/ISSUES/SUIT/EXERCISE – Attitude of Courts to academic/hypothetical issues or questions

PRINCIPLE16/02/2022

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PRELIMINARY OBJECTION – Purpose and effect of a preliminary objection; need for Courts to determine same first

PRINCIPLE16/02/2022

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PRACTICE AND PROCEDURE – ISSUE OF JURISDICTION – Importance of resolving the issue of jurisdiction once it is raised

PRINCIPLE16/02/2022

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