PRINCIPLE

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COURT – Power of Court – Instance when a court will not exercise its power to set aside a judgment

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PRACTICE AND PROCEDURE – Waiver of Right – Common feature with principles of waiver, equity as laches, acquiescence and a variety of estoppel

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APPEAL – Interference with the Exercise of Discretion – Circumstance where an appellate Court will not interfere with the exercise of discretion by a lower Court

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WORDS AND PHRASES – “Rehearing” – Statutory definition of the word “rehearing”

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JUDGMENT AND ORDER – Delivery of Judgment – Factors the court considers in determining whether delay in delivery of judgment has occasioned a miscarriage of justice

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TORT – Nuisance – Whether the issue of measure of damages in public nuisance is the same as that for torts

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PRACTICE AND PROCEDURE – Waiver of Right – Meaning and elements of the concept of waiver

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TORT – Nuisance – Instances where a private individual can bring an action in respect of a public nuisance

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TORT – Nuisance – Essence of the tort of nuisance

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EVIDENCE – Presumption of Correctness – Whether a Court’s judgment is presumed correct until rebutted and set aside

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CONSTITUTIONAL LAW – Right to Fair Hearing – Test of fairness/fair hearing in proceedings

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DAMAGES – Special Damages – Whether a claim for special damages in tort must be proved; how to prove same

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WORDS AND PHRASES – “Reasonable Time” – Meaning of “reasonable time

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DAMAGES – Double Compensation – Whether a victim can be compensated under one head of injury and also compensated in respect of the same injury under another head

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WORDS AND PHRASES – “FAIR HEARING” – Meaning of the term “fair hearing

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COURT – Power of Court – Power of court to order a new trial on the ground that the damages awarded are excessive or inadequate

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WORDS AND PHRASES – “Waive” – Meaning of “waive”

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COURT – Duty of Court – Duty of court to protect the fundamental rights of each individual

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COURT – Duty of Judge – Duty of a judge to be seen as impartial

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CONSTITUTIONAL LAW – Enforcement of Fundamental Human Right(s) – Whether fundamental rights are classifiable

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