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See Also:
- EVIDENCE - BURDEN OF PROOF/ONUS OF PROOF - Effect of failure to discharge the burden of proof placed on a party
"...Therefore when the defendants introduced their pleadings, issues that would convert him to be a claimant/plaintiff on such issues, it is his duty to prove the existence of such facts…
- PRACTICE AND PROCEDURE: Affidavit of Service - The Importance of the Affidavit of Service and the Court's Duty When Service Is Challenged
"Evidence of proof of Service is conclusive where a bailiff deposes to an affidavit to that effect. The proof is by material fact to be placed before a Court. The…
- JURISDICTION - JURISDICTION OF THE COURT OF APPEAL - Statutory provision as to the exclusive appellate jurisdiction of the Court of Appeal
"The jurisdiction of the Court of Appeal is conferred by Section 240 of the 1999 Constitution, as amended, which provides: "240. Subject to the provisions of this Constitution, the Court…
- JURISDICTION - JURISDICTION OF THE COURT OF APPEAL - Statutory provision as to the exclusive appellate jurisdiction of the Court of Appeal
"...coupled with the far-reaching power under Section 6(6) (b) of the 1999 Constitution (supra), the Court below has specifically been cloaked with jurisdiction under Section 240(1) of the Constitution (supra)…
- EMPLOYMENT AND LABOUR LAW: Contract of Service - Effect of failure to comply with the mode provided for termination of contract
"The position of the law is that where a contract of service gives a party a right of termination of the contract by either party, the party seeking to put…