PRINCIPLE

COURT – Duty of Court – Whether a court is duty bound to administer the law

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CONSTITUTIONAL LAW – Right to Fair Hearing – What “reasonable time” in Section 36(1) of the 1999 Constitution entails

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APPEAL – Notice(s) of Appeal – Statutory provision stating the periods prescribed for the giving of notice of appeal or notice of application for leave to appeal

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APPEAL – Leave of Court/Leave to Appeal – Circumstances when leave of Court must be sought and obtained to file an appeal and effect of failure to obtain same

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APPEAL – Appeal as of Right – Circumstance(s) when an appeal shall lie as of right

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APPEAL – Appeal as of Right – Circumstance(s) when an appeal shall lie as of right

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LAND LAW – Trespass to Land – Who can claim damages/maintain an action for trespass to land

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LAND LAW – Trespass to Land – Who can claim damages/maintain an action for trespass to land

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LAND LAW – Trespass to Land – What a plaintiff must prove to succeed in a claim for trespass to land

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LAND LAW – Trespass and Recovery of Possession – Distinction between a claim for trespass and a claim for recovery of possession

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LAND LAW – Possession of Land – Who does the law ascribe possession to where two parties claim to be in possession of a land

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LAND LAW – Possession of Land – Whether a trespasser can claim to be in possession by mere act of entry

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LAND LAW – Possession of Land – Whether a trespasser by the act of trespass will secure possession of the land; meaning of possession

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LAND LAW – Possession of Land – Meaning and nature of possession

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ACTION – Pleadings – Whether parties as well as the courts are bound by the pleadings

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CONTRACT – Joint Contractors – Liability of Joint contractors

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APPEAL – Issue(s) for Determination – Whether Court(s) must confine itself to issue(s) raised by the parties in their pleadings/in their ground of appeal

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COMMERCIAL LAW – Agency – Effect of an agent acting within the scope of his authority for an undisclosed principal

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COURT – Duty of Court – Duty of Court to limit and confine itself to the issues raised by the parties

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WORDS AND PHRASES – “Common Intention” – Meaning of “common intention”

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