1983(SC) Archives - Page 4 of 5

ELECTION PETITION – Allegation of Non-Compliance With The Electoral Act – Nature of the evidential burden on the parties where there is an allegation of non-compliance

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ELECTION PETITION – Party(ies) To An Election Petition – Persons that may be joined as necessary parties in an election petition

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ELECTION PETITION – Election Result – Whether an amendment to an election return will make an election result invalid

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EVIDENCE – Calling of Evidence – Procedure by which parties should present their evidence

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ELECTION PETITION – Election Result – Whether an amendment to an election return will make an election result invalid

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EVIDENCE – Documentary Evidence – Effect of an altered or amended document

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COURT – DUTY OF COURT – Duty of Court in adjudicatory process

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ELECTION PETITION – Burden of Proof – Nature of the evidential burden on parties where there is an allegation of non-compliance

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APPEAL – Interference with Concurrent Finding(s) of Fact(s) – Instances where the Supreme Court will not interfere with concurrent findings of fact(s) made by Lower Courts

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APPEAL – Interference With Concurrent Finding(s) of Fact(s) – Instances where the Supreme Court will not interfere with concurrent findings of fact(s) made by Lower Courts

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ELECTION PETITION – Election Result – Whether an amendment to an election return will make an election result invalid

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ELECTION PETITION – Grounds for Challenging an Election – Grounds on which an election can be challenged in an Election Petition Tribunal

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ELECTION PETITION – Substantial Compliance – What the doctrine of substantial compliance entails

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APPEAL – Interference With Concurrent Finding(s) of Fact(s) – Attitude of the appellate Court to concurrent findings of fact(s) by Lower Courts

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PRACTICE AND PROCEDURE – Waiver of Right – Common feature with principles of waiver, equity as laches, acquiescence and a variety of estoppel

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JUDGMENT AND ORDER – Delivery of Judgment – Factors the court considers in determining whether delay in delivery of judgment has occasioned a miscarriage of justice

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PRACTICE AND PROCEDURE – Waiver of Right – Meaning and elements of the concept of waiver

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CONSTITUTIONAL LAW – Right to Fair Hearing – Test of fairness/fair hearing in proceedings

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WORDS AND PHRASES – “Reasonable Time” – Meaning of “reasonable time

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WORDS AND PHRASES – “FAIR HEARING” – Meaning of the term “fair hearing

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