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Subject Matter Index

Browse cases by legal subject matter and principles

Attitude of appellate courts to the proliferation of issues

52 cases

Attitude of appellate court to an issue in support of which no argument is canvassed

3 cases

Attitude of the appellate courts to lengthy issues for determination

1 case

Attitude of the appellate court to respondent's adoption of the issues for determination formulated by the appellant

1 case

Attitude of the appellate court to secondary issues for determination

1 case

Attitude of the appellate court towards inelegantly formulated issues for determination

1 case

Attitude of the courts to verbose issues for determination

2 cases

Attitude of the Supreme Court to issues not considered by the Court of Appeal

1 case

Attributes of a good issue for determination

1 case

Characteristics of Issues for Determination

7 cases

Circumstances under which fresh issues can be raised for the first time in an appellate court

3 cases

Conditions for the validity of an issue for determination

3 cases

Considerations where an appellate court decides to formulate or reframe issues for determination

3 cases

Duty of court to pronounce on all the issues for determination

5 cases

Effect of abandoning an issue for determination

1 case

Effect of an incompetent issue for determination

1 case

Effect of an issue for determination before the Supreme Court relating to a matter before the High Court

1 case

Effect of an issue for determination distilled from competent and incompetent grounds of appeal

5 cases

Effect of an issue for determination not arising from the ratio decidendi of the judgment appealed against

1 case

Effect of an issue for determination not covered by a ground of appeal

9 cases

Effect of an issue for determination not formulated from a ground of appeal

8 cases

Effect of an issue for determination not related to the decision of the court appealed against

1 case

Effect of an issue for determination raised from an incompetent ground of appeal

15 cases

Effect of an issue for determination which does not flow from a competent ground of appeal

1 case

Effect of an issue not placed before an appellate court

1 case

Effect of arguing issues not formulated from the ground of appeal

1 case

Effect of arguments based on competent and incompetent issues for determination

1 case

Effect of failure by the respondent to formulate issues from the ground of appeal

6 cases

Effect of failure of a lower court to consider an issue for determination

2 cases

Effect of failure of a lower court to pronounce on all issues for determination

1 case

Effect of failure of the respondent to reply to issues raised in the appellant's brief

1 case

Effect of failure to argue an issue in the brief of argument

3 cases

Effect of failure to deal with issues raised on appeal and proper order to be made

1 case

Effect of failure to formulate issues for determination

2 cases

Effect of formulating issues for determination from notice of preliminary objection

1 case

Effect of formulating issues for determination from particulars of a ground of appeal

3 cases

Effect of issues for determination distilled from either incompetent grounds or from a combination of competent grounds and incompetent grounds of appeal

4 cases

Effect of issues for determination not distilled from grounds of appeal

5 cases

Effect of issues for determination not distilled from the grounds of the cross-appeal

1 case

Effect of issues for determination which are a recast of the grounds of appeal

1 case

Effect of multiplicity or duplication of issues for determination

8 cases

Effect of raising issues for determination not arising from the grounds of appeal/cross-appeal

7 cases

Effect of raising issues for determination not arising from the judgment appealed against

4 cases

Formulation of issues for determination

6 subsidiary principles

How an appellate court can treat issues for determination

3 cases

How issues for determination should be formulated

31 cases

How overlapping issues are treated by an appellate court

1 case

Importance of issues for determination

2 cases

Meaning and purpose of issues for determination

5 cases

Meaning of an issue

1 case

Meaning of proliferation of issues

1 case

Need for decision of court to be based on issues presented before it

2 cases

Need for issues for determination to be concise and ad rem

2 cases

Need for issues for determination to be precise and concise

2 cases

Need for issues for determination to be tied to the ground of appeal

13 cases

Need to guard against proliferation of issues for determination

3 cases

Options open to an appellate court where the lower court has failed to resolve a vital issue raised before it

1 case

Power of the appellate court to adopt or formulate issues for determination

19 cases

Power of the court to formulate issues for determination

9 cases

Powers of the appellate court with respect to issues for determination

1 case

Principles governing issues for determination

4 cases

Principles governing the formulation of issues for determination

4 cases

Proper approach to the formulation of issues for determination by the respondent

4 cases

Proper order to be made where an issue for determination is incompetent

1 case

Purpose of formulating issues for determination

25 cases

Purpose of issues for determination

10 cases

Purpose of reformulating issues for determination

1 case

The consequence of failure of the Court of Appeal to pronounce on all issues raised before it

1 case

The impropriety of a party formulating more issues for determination than there are grounds of appeal

21 cases

The nature of issues to be argued in an appeal

1 case

The option open to an appellant where an issue raised by him does not arise from any of the grounds of appeal

1 case

The position of the law on success of an issue in an appeal

2 cases

The principle that a court should confine itself to the issues raised by the parties in the case before it

3 cases

The principle that arguments must flow from issues for determination

4 cases

The principle that issues for determination must arise from the decision appealed

1 case

The principle that the court is limited by the issues raised by the parties

1 case

The propriety of a party formulating an issue for determination which is inconsistent with the issues raised in his pleadings in the court below

1 case

The propriety of a respondent raising issues on the issues for determination formulated by the appellant

1 case

The propriety of issues for determination comprising of other issues

1 case

The purport of the rule against proliferation of issues

1 case

The real issue for determination in an appeal against the grant or refusal of bail

1 case

The rule that the parties and the appellate court are obliged to confine their arguments and consideration of the appeal to issue properly raised in this appeal and as set out in the briefs

1 case

What an issue for determination connotes

13 cases

What an issue for determination entails

3 cases

What a party who complains about the formulation of issues by the court must prove

1 case

When an issue for determination will be deemed competent

4 cases

When an issue for determination will be invalid

1 case

When an issue for determination would be deemed abandoned

1 case

When an issue is said to be extraneous

1 case

Whether a Court of Appeal can reformulate issues for determination without ensuring that such reformulated issues have foundation and are rooted in the grounds of appeal contained in the notice of appeal before it

1 case

Whether a decision of the court will be set aside for failure to consider an issue for determination

1 case

Whether an abandoned issue can be raised on appeal

1 case

Whether an appeal court can formulate issues for determination; whether the court must give the parties a right of address thereon

1 case

Whether an appeal court must consider all issues raised before it

4 cases

Whether an appellant before the Supreme Court can formulate issues relating to the judgment of a Chief Magistrate Court

1 case

Whether an appellate court can adopt issues for determination formulated by the respondent

4 cases

Whether an appellate court can collapse or reframe issues for determination

2 cases

Whether an appellate court can determine issues of fact on which a party claims the merit of his appeal depends at the leave stage

1 case

Whether an appellate court can formulate issues for determination

17 cases

Whether an appellate court can go outside the issues submitted by the parties

2 cases

Whether an appellate court can reformulate or recouch issues for determination

7 cases

Whether an appellate court can restructure or formulate new issues for determination

2 cases

Whether an appellate court is bound to consider other issues where it is of the view that the consideration of an issue is enough to dispose of the appeal

1 case

Whether an appellate court is bound to invite parties to address it on a legal issue that is wholly unanswerable

1 case

Whether an appellate court is bound to use only the issues as raised by a party

1 case

Whether an appellate court is entitled to consider any issue not arising from the appeal

1 case

Whether an appellate court is obligated to consider all other issues formulated by the parties where the consideration of an issue is enough to dispose of the appeal

1 case

Whether an appellate court may only consider relevant issues that are likely to tilt the decision of the court in favour of the appellant

1 case

Whether an appellate court will consider inelegantly formulated issues for determination in order to do justice to parties

2 cases

Whether an intermediate court can decline a consideration of issues raised before it

1 case

Whether an issue for determination can be a composition of two different issues

3 cases

Whether an issue for determination can be formulated to have sub issues

3 cases

Whether an issue for determination can be framed in respect of a law not applicable to the dispute

1 case

Whether an issue for determination formulated in an appeal before the Supreme Court must mention the Court of Appeal

1 case

Whether an issue for determination must state the particular error allegedly breached in the ground of appeal

1 case

Whether an issue for determination should contain arguments

1 case

Whether a party can argue two or more issues together

2 cases

Whether a party is permitted to raise, in the Supreme Court, issues not raised in the Court of Appeal

1 case

Whether a respondent can choose not to formulate issues for determination

1 case

Whether a respondent can formulate issues for determination independent of the appellant's grounds of appeal

9 cases

Whether a respondent can formulate issues for determination outside the Appellant's grounds of appeal without filing a cross-appeal or a respondent's notice

21 cases

Whether a respondent can formulate issues for determination outside those of the appellant without filing a cross-appeal or respondent's notice

2 cases

Whether a respondent is at liberty to formulate his own issues for determination with a slant favourable to his case

1 case

Whether a respondent who has not cross-appealed or filed a respondent's notice can formulate issues for determination outside the appellant's notice of appeal

5 cases

Whether arguments are to be canvassed based on issues for determination or grounds of appeal

3 cases

Whether issues are the same as arguments in support of the issue

1 case

Whether issues for determination can arise from the reliefs sought

1 case

Whether issues for determination can be formulated in vacuo

2 cases

Whether issues for determination must arise from the grounds of appeal

7 cases

Whether issues for determination must relate to the grounds of appeal

29 cases

Whether issues formulated should be identified on top of the relevant argument or arguments

1 case

Whether issues have any place in the appellate courts

1 case

Whether issues not convassed at the lower courts can be raised at the Supreme Court

2 cases

Whether issues not relating to the decision of a High Court can be entertained by the Court of Appeal

1 case

Whether it is open to a party in an appeal to formulate a specific Issue for determination but proceed to argue another different, unrelated issue

1 case

Whether it is proper for a respondent to adopt all the issues of the appellant simpliciter without any modification whatsoever

2 cases

Whether it is proper for Court of Appeal to speculate on an issue which was not part of the grounds of appeal and was also not an issue for determination before the Court

1 case

Whether it is proper to include in the issues formulated for the determination of appeal issues relating to the preliminary objections on the competency to the hearing of the appeal

1 case

Whether it is the duty of the court to sift submissions made on issues raised from competent and incompetent grounds of appeal

1 case

Whether parties and the court are bound by issues for determination

3 cases

Whether the appellate court can suo motu strike out faulty issues

1 case

Whether the appellate court is bound by the issues for determination distilled by the parties

1 case

Whether the appellate court is bound to render a decision on every issue where it decides to adopt issues formulated in the brief of argument of a particular party

1 case

Whether the appellate court must deal with the incidental issues

1 case

Whether the court can adjudicate on issues not raised

3 cases

Whether the court can formulate issues for determination where the appellant failed to formulate any

1 case

Whether the court can lump together multiple issues and consider them together

1 case

Whether the court can suo motu examine the competence of an issue for determination

1 case

Whether the court has power to reframe issues of determination

2 cases

Whether the court is entitled to ignore and disregard any or all issues framed by the parties in their briefs

1 case

Whether the court is expected to call on the counsel for the parties to address on the issues for determination formulated by it

1 case

Whether the court is free to either adopt the issues formulated by any of the parties or by both parties or to formulate its own issue/issues

2 cases

Whether the Court of Appeal can adjudicate on issues not raised in the lower court

1 case

Whether the failure of a court to consider and pronounce on an issue raised before it is fatal to the Judgment appealed against

1 case

Whether the failure of the respondent to proffer argument on an issue means that the issue must succeed

1 case

Whether the issues for determination must arise from the appellant's grounds of appeal where the respondent does not file a cross-appeal

8 cases

Whether the issues formulated for determination of appeal are the arguments on the issues

1 case

Whether the merit in an appeal is determined by the number of issues formulated

1 case

Whether the power of court is restricted to issues brought before it for determination

1 case

Whether the quantum of issues determines the fate of an appeal

1 case

Whether there can be a valid issue on section 22 of the Supreme Court Act

1 case

Whether the respondent can formulate more issues for determination than the appellant

2 cases

Whether the Supreme Court can determine issues not determined by the two lower courts

1 case

Whether the Supreme Court will consider an issue not addresses by the Court of Appeal where there is no appeal/cross-appeal on it

1 case

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