Day: September 16, 2020

Remedies available to a party whose rights and freedoms have been infringed:- Habeas Corpus – an order to produce a person who is unlawfully detained. Certiorari – an order to quash the decision of a lower court or quasi-judicial body Read More …

The High Court can remove an arbitrator where he has misconducted himself. Such misconduct may arise: Where he has accepted a bribe. Where he is secretly interested in the subject matter. Where he has refused to state a case for Read More …

Rules of natural justice: The rule on opportunity to be heard – A person must be given notice of the case against him so that he can defend himself if he wishes. The rule against bias – A person should Read More …

Circumstances under which African Customary Law may be applied in court. Customary law is applicable only in civil cases. The District Magistrate’s Courts Act restricts the civil cases to which African customary law may be applied to claims involving any Read More …

Advantages: Certainty and Predictability: In Dodhia V. National and Grindlays Bank the Court of Appeal was emphatic that “a system of law requires a considerable degree of certainty.” Case law makes a legal system certain and predictable. Consistency and uniformity: Read More …

Categories of Judicial precedent Declaratory precedent: A judge applies to the facts of one particular case a legal rule previously enunciated in an earlier trial. The decision declares existing law. Original precedent: In a case unlike any similar case the Read More …

Supremacy of the constitution Supremacy of the Constitution is a constitutional concept which confirms that the constitution is the most authoritative legal instrument in the land. The Constitution is the supreme source of law of the land. All other sources Read More …

Equity was developed as a result of the defects of the common law. It attempts to reduce the harshness/inadequacies of common law. The following are some of those defects:   The Writ System A person intending to commence an action Read More …

Solution   Case for delegated legislation   Compensation of lost parliamentary time: Since members of parliament are generally busy, law making time not made use of by parliament is made use of by the delegates when they make law.   Read More …

The following are equitable remedies: Specific performance A party who has acted in breach of a contract may be ordered by the court to specifically perform that which he contracted to do. Rescission This is an equitable remedy available to Read More …