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See Also:
- EVIDENCE - Credibility of Witness - Whether the assessment of credibility of witnesses is within the exclusive preserve of the trial court
"The reason is both elementary and fundamental. The primary function of seeing and hearing the witnessess and evaluating, assessing and weighing the credibility of viva voce evidence lies with the…
- 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…
- LEGISLATURE - Legislative Act - Whether the motive of the legislature for enacting a law affects the validity of the law
"It has long been settled law that the motive of the legislature in enacting a law does not affect its validity. If the legislative body acts within its powers its…
- 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…