1986(SC) Archives - Page 13 of 18

EVIDENCE – Presumption of Correctness – Whether a Court’s judgment is presumed correct until rebutted and set aside

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DAMAGES – Special Damages – Whether a claim for special damages in tort must be proved; how to prove same

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DAMAGES – Double Compensation – Whether a victim can be compensated under one head of injury and also compensated in respect of the same injury under another head

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COURT – Power of Court – Power of court to order a new trial on the ground that the damages awarded are excessive or inadequate

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COURT – Duty of Judge – Duty of a judge to be seen as impartial

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CONSTITUTIONAL LAW – Right to Fair Hearing – Whether parties must be given the opportunity to argue a point before decision is taken by the court; effect of failure

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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

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APPEAL – Interference with Award of Damages – Circumstances/grounds upon which an appellate Court will interfere with award of damages by the trial Court

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APPEAL – Ground(s) of Appeal – Essence/purpose of ground(s) of appeal

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APPEAL – Finding(s) of Fact(s) – Whether findings of fact is a duty within the exclusive preserve of the Trial Court

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LAND LAW – Registrable Instrument – Whether an unregistered registrable instrument can be pleaded

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EVIDENCE – Standard of Proof – Standard of proof in civil cases

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EVIDENCE – Calling of Witness(es) – Whether a plaintiff is required to call a multitude of persons as witnesses in a case for declaration of title or for damages for trespass

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EVIDENCE – Burden of Proof/Onus of Proof – Whether a plaintiff can rely on the weakness of the case of the defendant to prove his own case in an action for declaration of title

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EVIDENCE – Burden of Proof/Onus of Proof – Whether a plaintiff can rely on the weakness of the case of the defendant to prove his own case in an action for declaration of title

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ACTION – Traverse – Whether a general denial is sufficient traverse

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ACTION – Traverse – Effect of a general traverse

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WORDS AND PHRASES – “Judicial Discretion”- Meaning of “judicial discretion”

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WORDS AND PHRASES – “Fair Hearing” – Meaning of the term “fair hearing”

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PRACTICE AND PROCEDURE – Appearance/Entering Appearance – General rule relating to appearance by agents

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