1986(SC) Archives - Page 17 of 18

TORT – Duty of Care – Instance where duty of care will not apply

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TORT – Duty of Care – Fundamental ingredient of the tort of negligence

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LATIN MAXIMS – “UBI JUS IBI REMEDIUM” – Meaning and nature of the principle of “ubi jus ibi remedium”

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JUDGMENT AND ORDER – Stay of Execution of Judgment – Whether a stay of execution can be granted in respect of a death sentence pending the determination of an appeal

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INTERPRETATION OF STATUTE – Rules of Interpretation of Statute – Whether the provisions of a statute should be read as a whole in its interpretation

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INTERPRETATION OF STATUTE – Long Title of a Statute – Whether resort can be had to the long title in order to resolve any ambiguity in the provisions of a statute

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COURT – Duty of Court – Whether a court should be more interested in substance rather than form

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ACTION – Claim(s)/Relief(s) – Whether a Court can grant a relief claimed under a wrong law

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ACTION – Cause(s) of Action – Definition of cause of action

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ACTION – Actio Personalis Morituri Cum Persona – The two distinct and separate arms of the rule in Baker v. Bolton

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PRACTICE AND PROCEDURE – Issue of Jurisdiction – When an objection to the jurisdiction of Court can be raised

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LAND LAW – Right of Occupancy – Whether a Local Government has the power to grant a right of occupancy

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LAND LAW – Right of Occupancy – Nature of a right of occupancy

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LAND LAW – Customary Right of Occupancy – Nature of customary right of occupancy under the Land Tenure System

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JURISDICTION – Jurisdiction of the State High Court – Proceedings in which the High Court shall have exclusive jurisdiction by virtue of the provisions of Section 41 of the Land Tenure Law

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INTERPRETATION OF STATUTE – SECTION 3 OF THE LAND USE ACT, 1978 – Interpretation of Section 3 of the Land Use Act 1978 as it relates to the power of the Military Governor of each state to designate any land as an Urban Area

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COURT – Jurisdiction – Division of jurisdiction of the courts established in a State with respect to land matters

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COURT – Competence of Court – When is a court deemed to be competent

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APPEAL – Fresh Point(s) on Appeal – Conditions under which the Supreme Court will entertain fresh points raised for the first time before it

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APPEAL – Fresh Point(s) on Appeal – Circumstance(s) in which an appellate court will/may entertain fresh point/issues on appeal

PRINCIPLEBy Lawcompass 12/11/2024

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