Top Tweets for #PrinciplesOnly
Cross examination techniques:
- Probing
- Insinuation
- Confrontation
#NLSdiaries
#Principlesonly
In case you plan to be the next Annalise Keating (just kidding)
Instances where leading questions may be permitted during Examination in chief of re- examination:
. Introductory matters
- Undisputed matters
- Matters that have been sufficiently proved.
- Hostile witnesses (after leave has been obtained)
#NLSdiaries
#Principlesonly
Comparison between a CC & SO
- CC is independent of the main suit, set-off is dependent.
- CC parties need not be the same, SO, parties should be the same.
- CC is applicable in all cases, SO restricted to monetary claim
- CC a sword, SO a shield ๐ก๏ธ
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#Principlesonly
A counter claim may still proceed and succeed even when the substantive suit has been withdrawn or dismissed.
- A counter claim is a sword, set off is a shield.
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#Principlesonly
Formal requirements of pleadings:
- Consistent heading- court, judicial division
- Description - statement of claim
- Paragraphed chronologically
- Contain a relief
- Dated and signed
- Address for service
N.B not exhaustive
#NLSdiaries
#Principlesonly
Pleadings are not a platform for legal arguments or conclusions of law.
Pleadings must contain facts and facts ONLY.
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#Principlesonly
Functions of pleadings.
- Helps determine the issue before the court.
- Constitutes a notice to the other party (ies).
- Determines jurisdiction of the court.
- Determines who the burden of proof lies on.
- Constitutes a permanent record of the court.
#NLSdiaries
#Principlesonly
Pleadings - used in a civil suit ONLY.
- Written statement of facts FILED and SERVED by EACH PARTY to a civil suit.
- States the FACT they want to rely on to establish their claim or defence.
- Pleadings could be general or special.
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#Principlesonly
Conditions for the Grant of Interlocutory Injunction
- Existence of legal or equitable right
- Substantial issue to be tried.
- Balance of convenience (favour of applicant)
- Irreparable damage
- Conduct of the parties
- Undertaking as to damages
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#Principlesonly
Interlocutory Injunction:
- Granted after both parties have been heard (means it comes by way of motion on notice).
- To last during the pendency of the suit.
- It is not granted in respect of an already completed act.
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#Principlesonly
Where a party fails to file a counter affidavit, the facts deposed to in the affidavit are deemed true or admitted.
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#Principlesonly
Affidavit must comply with S115 of the Evidence Act 2011.
An affidavit should not contain extraneous matters, objection, prayers, legal arguments or conclusions.
#NLSdiaries
#Principlesonly
- A motion maybe be supported by an affidavit.
- Where the application is one brought on point of law, there is no need for affidavit.
#NLSdiaries
#Principlesonly
There is nothing wrong with making people vote but there is everything wrong with buying people to vote, equally, there is nothing wrong with making pple register to vote but very criminal buying people trinkets in order to induce them into registering to vote. #PrinciplesOnly
@mawarirej What's bad about making people register to vote? You are bitter about it because you know you are unelectable. How many votes did you get in 2018
@ShaunKing won't be going with the lesser evil vote, regardless. Voting #principlesonly, not out of fear.
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