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MOOT CASE

By CIVIL MATTERS, MNo Comments

A moot case is a matter in which a controversy no longer exists; a case that presents only an abstract question that does not arise from existing facts or rights. Thus, a moot case is drained of any casus belli or cognisable interest inter partes to ignite the jurisdiction of a court. (P. 428, paras. G-H).

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MISCARRIAGE OF JUSTICE

By CIVIL MATTERS, MNo Comments

Miscarriage of justice simply means justice miscarried, failure of justice or failure of a court to do justice. It means a departure from the rules which permeates a judicial procedure as to make that which happened not, in the proper sense of the word, a judicial procedure at all. It is a substantial wrong which occurs during a trial which so affects the proceeding so as to merit quashing the result.

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