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Citation
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Judgment date
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| December 1998 |
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A court may extend the three‑month statutory period for local government election petitions where Parliamentary Election rules permit.
Electoral law – Local Government Act s.143(2) time limit for election petitions – s.173 permits application of Parliamentary Elections law – Parliamentary Elections (Election Petitions) Rules r.19 authorises enlargement of time – Makula interpreted: no inherent jurisdiction to extend statutory time absent enabling statute or rule.
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23 December 1998 |
| November 1998 |
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Constitutional law—constitutional reference—requirements under Article 137(5) of the Constitution—reference must involve a substantial question of constitutional interpretation—habeas corpus—enforcement of fundamental rights distinguished from constitutional interpretation—jurisdiction of the court—timing of detention justification—discretion of courts to determine proper references.
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25 November 1998 |
| June 1998 |
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Act No.9/1982 nullifying sales of expropriated property is constitutional; compensation provisions must be read to meet Article 26 standards.
Constitutional law — Expropriation and compulsory acquisition — Expropriated Properties Act 1982 — Nullification of transactions in expropriated property — Bona fide purchaser — Compensation: sections 11(4) and 11(6) — Article 26(2) 1995 Constitution (prompt, fair and adequate compensation) — Article 273(1) (reading down existing law to conform to new Constitution) — Remittal to trial court for quantum and mode of compensation.
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23 June 1998 |
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A representative constitutional petition without leave or supporting sworn evidence may be struck out as incompetent.
Constitutional procedure — representative actions — leave and disclosure requirements; Constitutional (Fundamental Rights) Rules (Legal Notice No.4/1996) — requirement for supporting affidavits and documents; time‑bar — limitation of constitutional challenges to past events; appropriateness — criminal/corruption allegations for enforcement agencies; frivolous and vexatious litigation — striking out petitions.
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4 June 1998 |
| May 1998 |
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The applicants' reliance on uncertified parliamentary documents without proper leave rendered their petitions incompetent.
National Assembly (Powers and Privileges) Act s15(1) — scope extends to all Parliamentary proceedings and documents; Rules of Procedure (Rule 171) — corroborative; Evidence Act ss72 & 75 — public documents require certified copies for admissibility; Speaker's letter as leave — prima facie genuine; constitutional right of access to information (Arts.41, 273) does not override procedural restrictions on admissibility; petitions incompetent if affidavit annexures excluded.
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15 May 1998 |
| April 1998 |
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Petition struck out as time‑barred, against wrong parties, and barred by government/judicial immunity.
Constitutional procedure – time limits for petitions (Legal Notice No.4/96 Rule 4(1)) – continuing wrong doctrine; Government immunity – section 4(5) Government Proceedings Act and protection for judicial acts; Proper parties – liability of local council versus central government officers; Jurisdiction of Constitutional Court – distinction between enforcement (Art.50) and interpretation (Art.137).
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30 April 1998 |