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See Also:
- DOCUMENT - Interpretation of Document - Incorporation by Reference - Whether the doctrine of incorporation by reference is employed in the construction of insurance contracts
"The principle or doctrine of incorporation by reference is one that is frequently applied in the construction of documents, including contracts of insurance where from the documents which were produced…
- EVIDENCE - EVALUATION OF EVIDENCE - Whether evaluation of evidence is the primary duty of the trial Court
"It is the duty of the Trial Court to assess the evidence adduced by the parties. This pragmatic concession is based on the fact that only the Trial Court has…
- DAMAGES - Award of Damages - Whether the award of general damages is improper where the quantum of loss is certain
"...the award of general damages is improper where the quantum of loss is certain. The view which we have just expressed was also taken by this Court in the case…
- EVIDENCE - Estoppel By Standing By - Basis and application of the doctrine of estoppel by standing by
"It has been repeatedly held by this Court and the Courts in England that if a person was content to stand by and see his battle fought by somebody else…
- PRACTICE AND PROCEDURE - PRELIMINARY OBJECTION - Best procedure where the purpose of an objection is merely to challenge the competence of some of the grounds of Appeal and not the competence of the entire appeal
"...Learned counsel for the Appellant rightly submitted that where the purpose of the preliminary objection is to challenge the competence of some grounds of the notice of appeal, as in…