PRINCIPLE Archives - Page 75 of 303

PRINCIPLE

COMMERCIAL LAW – Timing in Commercial Contract – Essential nature of time in commercial contracts with respect to delivery

PRINCIPLE15/07/2024

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COMMERCIAL LAW – Repayment of Debt – General principles on repayment of debt

PRINCIPLE15/07/2024

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COMMERCIAL LAW – Contract of Sale of Goods – When a sale of a second hand car can be said to be in a usable condition

PRINCIPLE15/07/2024

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CASE LAW – Judicial Precedent or Stare Decisis – Bindingness of a decision predicated on non-existent grounds

PRINCIPLE15/07/2024

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CASE LAW – Judicial Precedent or Stare Decisis – Guiding principles to the application of the doctrine of stare decisis or judicial precedent

PRINCIPLE15/07/2024

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APPEAL – Respondent’s Notice – Circumstance where a respondent who intends to contend with the decision of a court will be required to give notice by way of a respondent’s notice

PRINCIPLE15/07/2024

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APPEAL – Re-Hearing of Appeal – Whether a judge re-hearing a case on appeal is bound to refer to the earlier evidence of witnesses who are testifying again before him

PRINCIPLE15/07/2024

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APPEAL – Re-Hearing of Appeal – Effect of a judge on appeal re-hearing a case

PRINCIPLE15/07/2024

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APPEAL – Re-Hearing of Appeal – Distinction between re-hearing under Section 40(1)(a) of the Native Courts Ordinance and order for re-hearing under Section 40(1)(b) of the same Ordinance

PRINCIPLE15/07/2024

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APPEAL – Record of Appeal – Whether an appeal can be decided on evidence contained in the record of appeal

PRINCIPLE15/07/2024

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APPEAL – Omnibus Ground of Appeal – What constitutes an omnibus ground of appeal

PRINCIPLE15/07/2024

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APPEAL – Leave of Court or Leave To Appeal – Whether the grant of leave by the Supreme Court to appeal against the decision of a Lower Court is automatic

PRINCIPLE15/07/2024

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APPEAL – Interference with the Exercise of Discretion – At what instance will the exercise of discretion by a lower court be interfered with

PRINCIPLE15/07/2024

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APPEAL – Interference with Finding(s) of Fact(s) – Circumstances in which an appellate court will interfere with the findings of facts made by a lower court

PRINCIPLE15/07/2024

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APPEAL – Appeal as of Right – Whether it is open as of right to any party to an appeal to adduce new evidence in support of his original case

PRINCIPLE15/07/2024

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ACTION – Representative Action – Options open to a person represented but is dissatisfied with the person representing him in a representative action

PRINCIPLE15/07/2024

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ACTION – Pleadings – Whether an allegation of fraud must be specifically pleaded

PRINCIPLE15/07/2024

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ACTION – Cause of Action – Definition or meaning of cause of action

PRINCIPLE15/07/2024

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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

PRINCIPLE12/07/2024

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APPEAL – Interference With Evaluation of Evidence – Whether an Appellate Court can interfere with evaluation of evidence and findings of fact of a Trial Court which are based on credibility of witnesses

PRINCIPLE12/07/2024

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