MAXIM
— Ex Debito Justitiae — Scope — The legal maxim “Ex Debito Justitiae” (Latin) means “as a matter of right or what a person is entitled to as of right” — The doctrine of ex debito justitiae refers to the remedies to which a person is entitled as a matter of right as opposed to a remedy which is discretionary — This maxim applies to the remedies that the court is bound to give when they are claimed as distinct from those that it has discretion to grant and no doubt the power of a court to act ex debito justitiae is an inherent power of courts to fix procedural errors. [2024 SCLR 33 = 2024 SCMR 181 = 2023 SCP 355]
— Legem terrae — Scope — “Legem terrae” denotes that things should be done according to the law of the land and also connotes that each and every one should adhere to the laws and be dealt with fair and square and the legal proceedings should be conducted in accordance with the law. [2023 SCLR 61 = 2023 SCMR 2075 = 2023 SCP 277]
— Law of the land — Meaning — The turn of phrase “law of the land” is in fact an intact body of binding and effective laws made applicable in any country or jurisdiction — The hegemony of law is that no man is above the law, and every man is subject to the law of the land and the Courts. [2023 SCLR 61 = 2023 SCMR 2075 = 2023 SCP 277]
— Lex terrae — Meaning — “Lex terrae” alludes to the “law of the land” which is serviceable and in effect in any country and applies across the board to the populaces; this encompasses all laws, rules and regulations which everyone is bound to follow including due process, fair trial and unbiased legal process. [2023 SCLR 61 = 2023 SCMR 2075 = 2023 SCP 277]
— Sensus verborum ex causa dicendi accipiendus est, et sermones semper accipiendi sunt secundum subjectam materiam — Meaning — sense of words is to be taken from the occasion of speaking them, and discourses are always to be interpreted according to the subject matter. [2024 CLS 4 = 2024 CLC 37]