admin

A party is like a club. It has its own rules, regulation, guidelines, and constitution. Members join the party on their own free will. By joining, they freely give their consent to be bound by the rules, regulation, guidelines and constitution of the party. The rules of the party must be obeyed by all members of the party, as the party’s decision is final over its own affairs.

A preliminary objection, if upheld, would render further proceedings before the court impossible or unnecessary. Generally, the Rules of the Supreme Court allow a respondent to rely on a preliminary objection to the hearing of an appeal.

By a combination of section 285(14)(a) of the1999 Constitution (as amended) and section 84 of the Electoral Act, pre-election matters such as a complaint from an aspirant at a political party’s primary election about the conduct of the primary election is justiciable. But where an issue between members of a political party borders on an alleged violation arising from the conduct of the political party’s congress to elect delegates or its officers, it would amount to the domestic affairs of the party which is not justiciable.

A claimant for specific performance of a contract must set forth facts to show that the breach of the contract cannot be adequately compensated for in damages. This is so because specific performance would not be decreed if the claimant would be adequately compensated by the common law remedy of damages.

An interested party in a matter before a court of law, is a party or person who is affected or aggrieved or likely to be aggrieved by the proceedings, orders or decision of the court in the matter. It can also refer to a person who has suffered a legal grievance, or a person against whom a decision has been pronounced which has wrongfully deprived him of something or wrongfully affected his title to something