PRINCIPLE

ACTION – Traverse – Proper mode of denial in pleadings

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CASE LAW – Inconsistent Judgments – Which should be preferred where there are two inconsistent judgments of a Court

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COURT – Supreme Court – Whether the Supreme Court would ordinarily question its own decision

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JUDGMENT AND ORDER – Delivery of Judgment – Whether the reason for a judgment read on a date when two of the members had ceased to be Justices of that Court will be valid

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EVIDENCE – Estoppel Per Rem Judicatam/Res Judicata – Criteria for identification of the two actions in considering a plea of res judicata

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EVIDENCE – Burden of Proof/Onus of Proof – On whom lies the burden of proof in civil cases

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LAND LAW – Acquisition of Land – What to be established in a claim for compensation for acquisition of land under Section 10 of the Public Lands Acquisition Act

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JUDGMENT AND ORDER – Order Of Retrial/Trial De Novo – Effect of an order of retrial

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EVIDENCE – Estoppel Per Rem Judicatam/Res Judicata – Doctrine of res judicata

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COURT – Supreme Court – Whether the Supreme Court can sit on appeal over its own judgment

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CONVEYANCY LAW – Deed of Conveyance – Consequences of failing to adduce sufficient evidence of the execution of a conveyance

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JUDGMENT AND ORDER – Judgment of Court – What is a judgment on the merit

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EVIDENCE – Estoppel Per Rem Judicatam/Res Judicata – Conditions for a successful plea of estoppel per rem judicatam

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EVIDENCE – Estoppel – Nature of estoppel

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EVIDENCE – Estoppel – Nature of estoppel

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APPEAL – Interference with Concurrent Finding(s) of Fact(s) – Attitude of the appellate Court to concurrent findings of fact(s) by Lower Courts

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ACTION – Pleadings – Whether it is necessary to plead estoppel in any particular form

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ACTION – Pleadings – Effect of not specifically pleading relevant facts

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EVIDENCE – Issue Estoppel – Doctrine of issue estoppel and its effect

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EVIDENCE – Estoppel Per Rem Judicatam/Res Judicata – The categories of estoppel per rem judicatam

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