Subject Matter Index

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Burden placed on an appellant challenging the judgment of a court

Consideration in an appeal against the judgment of a Customary Court

Effect of an appeal against a final decision

Effect of an appeal against the Judgment of the Customary Court of Appeal on grounds outside the question of customary law

Effect of failure to appeal against the decision of a court

How a stranger to a decision can appeal against it

How the judgment of a lower court should be challenged

Need for an appeal to be based on the facts and issues before the inferior court

The principle that a judgement appealed against is presumed correct until it is set aside on appeal

The principle that an appeal must also be based on the decision or ratio decidendi of the lower court and from which issues must directly flow and be formulated

What an appellate court considers when an appeal is before it

What the appellate court considers when a judgment is attacked on the ground of being against the weight of evidence or where the finding/non-finding of facts is questioned

Whether a party can pick and choose a favourable part of the judgment, while seeking to jettison the findings of fact deemed as unfavourable

Whether a party can rely on the submissions filed on its behalf before the Court of Appeal without disclosing where the Court of Appeal erred in dismissing the appeal

Whether the failure to attach the judgment of a lower court is fatal to the appeal

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