COKER JSC Archives - LawCompass

EVIDENCE – Evidence of An Eye Witness – Position of the law where an eye witness omits to mention at the earliest opportunity the name(s) of the person(s) seen committing an offence

PRINCIPLEBy Law Compass 22/11/2024

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CRIMINAL LAW AND PROCEDURE – Defence or Plea of Alibi – Whether an accused person who puts forward the plea of alibi has the burden of proving same

PRINCIPLEBy Law Compass 22/11/2024

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LAND LAW – Family Property or Land – Whether a sale of the family land will be deemed void if the family head sold it as his own

PRINCIPLEBy Law Compass 22/11/2024

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LAND LAW – Family Property or Land – Heads under which contentious sale of family land may be classified

PRINCIPLEBy Law Compass 22/11/2024

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LAND LAW – Family Property or Land – Effect of sale of family land by a member of the family as his own property or without the consent of principal members of the family

PRINCIPLEBy Law Compass 22/11/2024

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EVIDENCE – Proof of Custom or Customary Law – Ways by which customary law can or may be proved

PRINCIPLEBy Law Compass 22/11/2024

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EVIDENCE – Evaluation of Evidence – When an Appellate Court can evaluate evidence

PRINCIPLEBy Law Compass 22/11/2024

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EVIDENCE – Burden of Proof or 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

PRINCIPLEBy Law Compass 22/11/2024

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EVIDENCE – Admissibility of Evidence – Whether an accused was insane at the time the act was committed is a question of fact; is evidence of insanity of blood relation admissible

PRINCIPLEBy Law Compass 22/11/2024

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CRIMINAL LAW AND PROCEDURE – Motive – Whether mere absence of motive for the commission of a crime is a sufficient ground on which to infer mania

PRINCIPLEBy Law Compass 22/11/2024

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CRIMINAL LAW AND PROCEDURE – Defence of Insanity – What the accused person as well as the court is required to do where a defence of insanity has been raised

PRINCIPLEBy Law Compass 22/11/2024

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CRIMINAL LAW AND PROCEDURE – Defence of Insanity – Categories of defect of reason which will constitute a defence on the ground of insanity

PRINCIPLEBy Law Compass 22/11/2024

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CRIMINAL LAW AND PROCEDURE – Defence of Delusion or Insane Delusion – Under what circumstances will an accused person affected by delusions be relieved of criminal responsibility

PRINCIPLEBy Law Compass 22/11/2024

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EVIDENCE – Plea of Non Est Factum – Whether the plea of non est factum requires clear and positive evidence before it can be established

PRINCIPLEBy Law Compass 21/11/2024

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EVIDENCE – Estoppel – Conditions for the application of estoppel

PRINCIPLEBy Law Compass 21/11/2024

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EVIDENCE – Burden of Proof or Onus of Proof – On whom does the burden of proof lie to prove title to a lake

PRINCIPLEBy Law Compass 21/11/2024

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APPEAL – Interference with Evaluation of Evidence – Principles under which an Appellate Court would interfere with the findings of a Lower Court based on evaluation of evidence

PRINCIPLEBy Law Compass 21/11/2024

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WORDS AND PHRASES – “Probate Action” – Statutory meaning of “probate action”

PRINCIPLEBy Lawcompass 20/11/2024

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ACTION – Joinder of Party(ies) – Whether a person can be joined as a party without his consent

PRINCIPLEBy Lawcompass 20/11/2024

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LAND LAW – Survey Plan – When a survey plan will not be necessary

PRINCIPLEBy Law Compass 20/11/2024

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