OPUTA JSC Archives - LawCompass

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CRIMINAL LAW AND PROCEDURE – Offence of Armed Robbery – Ingredients that must exist to prove the offence of armed robbery

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CRIMINAL LAW AND PROCEDURE – Identification Parade – Guiding principles for proper identification parade

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CONSTITUTIONAL LAW – Presumption of Innocence – Whether an accused person is presumed innocent until proven guilty

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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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CRIMINAL LAW AND PROCEDURE – Defence of Insanity – Effect of proving and failure to prove the defence of insanity

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CONSTITUTIONAL LAW – Right to Fair Hearing – Meaning and nature of the doctrine of fair hearing

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LAND LAW – Identity of Land – Duty of a plaintiff/claimant to establish the area of land in dispute

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LAND LAW – Boundaries – What a plan tendered by either a plaintiff or the opposing side must show on the boundaries

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CRIMINAL LAW AND PROCEDURE – Charge(s) – How is a charge proved

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EVIDENCE – Doctrine of Recent Possession – Whether the presumption in section 148(a) of the Evidence Act is a presumption of fact or law

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EVIDENCE – Doctrine of Recent Possession – The presumption of the law where a stolen property is found in possession of a person immediately after a theft

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EVIDENCE – Doctrine of Recent Possession – Essential elements that must be present before the doctrine of recent possession can operate

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CRIMINAL LAW AND PROCEDURE – Offence of Receiving Stolen Goods or Property – At what point will the question of a receiver with guilty knowledge be an issue

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LAND LAW – Root of Title – Whether a party while proving his title can base his possession on another root of title which he never admitted in his pleadings

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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

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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

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CRIMINAL LAW AND PROCEDURE – Defence/Plea of Alibi – Duty on an accused person to raise the defence of alibi timeously

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EVIDENCE – Burden of Proof/Onus of Proof – Whether a party seeking declaratory reliefs must establish his entitlement to the reliefs upon the strength of his own case

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LAND LAW – Identity of Land – How to establish identity of land