PRINCIPLE Archives - Page 63 of 303

PRINCIPLE

PRACTICE AND PROCEDURE – Application For Extension of Time – Whether Court can extend time to file brief simply for non-payment of counsel’s fee

PRINCIPLE05/11/2024

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PRACTICE AND PROCEDURE – Amendment of Court Processes or Pleadings – Circumstances under which the Court may grant amendment or leave to amend pleadings/Court processes

PRINCIPLE05/11/2024

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LAND LAW – Possession of Land – Position of the law where possession is doubtful or equivocal

PRINCIPLE05/11/2024

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APPEAL – Interference With Evaluation of Evidence – Whether an appellate court can substitute its own views with that of a trial court

PRINCIPLE05/11/2024

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

PRINCIPLE05/11/2024

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ACTION – Pleadings – Whether parties are bound by their pleadings; effect of leading evidence on facts not pleaded

PRINCIPLE05/11/2024

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ACTION – Issue(s) Raised In Pleadings – Whether issues are tried as settled in the pleadings filed

PRINCIPLE05/11/2024

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JUDGMENT AND ORDER – Judgment of Court – Whether a judgment/order of court remains valid until set aside

PRINCIPLE05/11/2024

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INTERPRETATION OF STATUTE – Section 22 of The Customs And Excise Management Act, 1985 (No.55 Of 1958) And Section 1(1) of The Import Prohibition Order 1978, (L.N.16 of 1978) – Interpretation of Section 22 of the Custom and Excise Management Act, 1958 (No.55 of 1958) and Section 1(1) of the Import Prohibition Order, 1978, (L.N. 16 of 1978) as regards prohibition of goods; and whether the provision of the Prohibition Order is absolute

PRINCIPLE05/11/2024

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INTERPRETATION OF STATUTE – Rules of Interpretation of Statute – Guiding principles in interpretation of statutes

PRINCIPLE05/11/2024

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INTERPRETATION OF STATUTE – Rules of Interpretation of Statute – Guiding principles in interpretation of statutes

PRINCIPLE05/11/2024

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INTERPRETATION OF STATUTE – General or Special Act – The effect of special and general provisions of statutes on the same subject matter

PRINCIPLE05/11/2024

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INTERPRETATION OF STATUTE – “Fraudulent” – Interpretation of Section 145(b) as regards the import of the word “fraudulent”

PRINCIPLE05/11/2024

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EVIDENCE – Standard of Proof – Standard and degree of proof required in civil and criminal cases

PRINCIPLE05/11/2024

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EVIDENCE – Burden of Proof or Onus of Proof – On whom lies the burden of proving that the importation of prohibited goods are without knowledge or intent

PRINCIPLE05/11/2024

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CRIMINAL LAW AND PROCEDURE – Defence(s) of Accused Person(s) – Whether the provision of the Criminal Code as to ignorance of the law being a defence could be used to avoid the provisions of other enactments

PRINCIPLE05/11/2024

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COURT – Duty of Court – The duty of the court to ascertain the law and give full effect to it

PRINCIPLE05/11/2024

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APPEAL – Interference With Finding(s) of Fact(s) – Whether an appellate court can interfere with or disturb the findings of facts or inferences drawn by a lower court

PRINCIPLE05/11/2024

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APPEAL – Interference With Finding(s) of Fact(s) – Instances when an appellate Court will not interfere with findings of fact of the lower Courts

PRINCIPLE05/11/2024

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APPEAL – Interference With Finding(s) of Fact(s) – Attitude of appellate courts to findings of fact made by a lower court

PRINCIPLE05/11/2024

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