Month: September 2020

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 …

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 …

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 …

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 …

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 …

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 …

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 …