Remedies that may be granted by the High Court to enforce the enjoyment of fundamental rights and freedoms of individual’s. The High court has exclusive powers under the constitution to grant special orders for the enforcement of fundamental rights Read More …
Day: September 16, 2020
Discuss the constitutional concept of separation of powers and ways in which it can be applied in your country
Constitutional concept of separation of powers and ways in which it can be applied in your country Under the doctrine of separation of powers, reference is usually made in relation to groups or bodies with administrative powers or authority. These Read More …
Explain three advantages of arbitration as a form of settlement of disputes over the court process
The advantages of arbitration as a form of settlement of disputes Time saving It is a faster method of dispute resolution. It is convenient i.e. parties are allowed to determine;- Number of arbitrators Venue of proceedings Language to use etc. Read More …
Explain the meaning of the term arbitration.
Meaning of the term arbitration This is a method of settlement of civil disputes out of court by arbitrators or arbitral tribunals that make arbitral awards. A dispute may be referred to arbitration by the disputing parties, statute or a Read More …
Highlight three remedies available in civil action
Remedies available in a civil action. Committal to civil jail This is a short jail term where the judgment debtor has failed or refused to honour the decree. The objective is to compel such person to retain his position and Read More …
Discuss the concept of “rule of law”
Concept of ‘ rule of law’ The concept of the Rule of Law is a framework developed by Dicey on the basis of the English Legal system. It is also described as the due process. According to Dicey, rule of Read More …
In relation to administrative law, explain four modes of judicial control over subordinate courts and tribunals.
Modes of judicial control over subordinate courts and tribunals Mandamus order Literally means “we command”. It is an order directed to a subordinate court or anybody exercising quasi-judicial powers, commanding it to do a particular thing. It is issued in Read More …
Explain three rules of natural justice.
Three rules of natural justice No one should be penalized by a decision of a court or tribunal unless he has been given prior notice of the charge or case and fair opportunity to answer the case An adjudicator should Read More …
Explain three circumstances when the court might set aside an arbitration award.
Circumstances when the court might set aside an arbitration award The incapacity of a party or invalidity of the arbitration agreement; A failure to notify an arbitrator appointment or initiation of proceedings; The award was beyond the scope of Read More …
Discuss five other forms of dispute resolution other than the courts of law.
Forms of dispute resolution other than the courts of law. Arbitration This is an out of court method of settlement of civil disputes by arbitral tribunals which make arbitral awards as opposed to judgments. The law relating to arbitration in Read More …