Investor Presentaiton
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Power of court to make deductions during evaluation of
evidence and when appellate court will not interfere
with such deductions
395
•
Duty on court to base judgement on evidence and not to
investigate case outside court
395
Duty on appellant challenging evaluation of evidence by trial court
396
SECTION 7 (A): Concept of Waiver
397
•
Whether waiver need be pleaded or allowed in affidavit
398
SECTION 7 (B): Laches and Acquiescence
398
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Conditions for successful plea of laches and acquiescence
400
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Need to specifically plead and prove the defence of laches
and acquiescence
400
SECTION 7 (C): Fair Hearing
401
Constitutional guarantee of right to fair hearing
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Effect of breach of constitutional right to fair hearing
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True test and features of fair hearing
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Components of rights entrenched in section 36(1) of
the 1999 Constitution
•
Role of court in adjudication and duty where it raises issue suo motu 405
88 8
402
403
404
404
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Need for statutory body to comply strictly with rule of natural
justice in acting on recommendation of investigating panel
406
Whether a person who had opportunity of being heard but
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did not use same can complain of denial of fair hearing
Onus on party alleging breach of his right to fair hearing
Necessity for party seeking fair hearing to also be fair to
adverse party and in the proceedings
407
407
407
SECTION 7 (D): Computation of Time
408
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Computing time of service of process
Extension of time for doing an act
408
409
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