KARIBI-WHYTE JSC Archives - Page 3 of 8

COURT – Duty of Court – Duty of court to ensure that substantial justice is done between parties

PRINCIPLEBy Law Compass 21/11/2024

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COURT – Discretion of Court – At what point will a defect in the exercise of discretion arise

PRINCIPLEBy Law Compass 21/11/2024

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APPEAL – Interference With The Exercise of Discretion – Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court

PRINCIPLEBy Law Compass 21/11/2024

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APPEAL – Extension/Enlargement of Time to Appeal – What the court should consider when determining an application for extension of time or dismissal for want of prosecution either separately or together

PRINCIPLEBy Lawcompass 20/11/2024

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CRIMINAL LAW AND PROCEDURE – Information – Whether an information preferred by the leave of a High Court Judge will be deemed to have been properly instituted

PRINCIPLEBy Lawcompass 20/11/2024

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CRIMINAL LAW AND PROCEDURE – Application for Consent – What must accompany an application for consent

PRINCIPLEBy Lawcompass 20/11/2024

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WILLS AND PROBATE – Withdrawal from Probate – Whether a party can at will withdraw from probate granted and seek court’s order to have his name struck out

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WILLS AND PROBATE – Probate – Effect of a probate action where the executors were acting jointly

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ACTION – Joinder of Party(ies) – Principles governing the issue of joinder of parties

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JUDGMENT AND ORDER – Judgment of Court – Whether failure to furnish parties with copies of judgment after delivery thereof affects the validity of the judgment

PRINCIPLEBy Law Compass 20/11/2024

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JUDGMENT AND ORDER – Delivery of Judgment – Whether failure to furnish copies of judgment to parties after its delivery can retrospectively affect acts validly made prior to such a failure; intendment of Section 258(1) of the 1979 Constitution

PRINCIPLEBy Law Compass 20/11/2024

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WORDS AND PHRASES – “Charterer” “Charter Party” – Meaning of “charterer”, “charter party

PRINCIPLEBy Law Compass 20/11/2024

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WORDS AND PHRASES – “Beneficial Owner” “Seized in Fee Simple” – Meaning of “beneficial owner” and “seized in fee simple”

PRINCIPLEBy Law Compass 20/11/2024

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LAND LAW – Title to Land – Legal effect of a voidable title

PRINCIPLEBy Law Compass 20/11/2024

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LAND LAW – Communal Land – In whom is the title to family and communal land vested

PRINCIPLEBy Law Compass 20/11/2024

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EVIDENCE – Admissibility of Extrinsic Evidence – The rule that extrinsic evidence will not be admissible to vary the content of a written agreement and its exception

PRINCIPLEBy Law Compass 20/11/2024

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EVIDENCE – Admissibility of Evidence – Whether the evidence of a person who signs a document as ‘owner’ or ‘proprietor’ in an agency relationship is admissible

PRINCIPLEBy Law Compass 20/11/2024

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CONTRACT – Liability in Contract – Implication of a person signing a contract in his name without qualification

PRINCIPLEBy Law Compass 20/11/2024

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EVIDENCE – Credibility of Witness – Whether the assessment of credibility of witnesses is within the exclusive preserve of the trial court

PRINCIPLEBy Law Compass 20/11/2024

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COURT – Supreme Court – Whether the Supreme Court is duty bound to correct patent error on the record

PRINCIPLEBy Law Compass 20/11/2024

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