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Citation
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Judgment date
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| November 2007 |
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A company formed by a constitutionally defective merger is void and lacks standing to bring a petition.
• Constitutional law – Article 119(5) – mandatory Attorney General legal advice for agreements in which Government/public bodies have an interest; failure renders such agreements unconstitutional and void.
• Constitutional law – Article 164(3) – Parliament’s and Auditor General’s oversight of public funds; structuring transactions to place public funds beyond oversight is unconstitutional.
• Civil procedure – locus standi – an entity formed by an agreement that is constitutionally void is a non-entity and lacks standing to sue.
• Companies – use of special purpose vehicles and joint ventures involving public bodies; legality subject to constitutional safeguards.
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13 November 2007 |
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A company formed via an unconstitutional transfer of public interest lacks legal existence and thus standing to sue.
Constitutional law — Article 119(5): mandatory Attorney General legal advice for contracts involving Government; Public finance — Article 164(3): Parliamentary and Auditor General oversight of public funds; Company law — Companies Act (membership rules) in context of public bodies and subsidiaries; Standing — a company formed pursuant to unconstitutional agreements has no legal existence and lacks locus to sue; Procedural — a successful preliminary objection that disposes of competence renders other objections moot.
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5 November 2007 |
| September 2007 |
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14 September 2007 |
| April 2007 |
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Court held several local‑election rules unconstitutional for restricting campaigning, oral nominations and conscripting council membership.
Constitutional law — Local government elections — voter education scope; campaigning and political‑party participation; oral nominations; compulsory conscription into village councils; Electoral Commission independence and appointment of returning/presiding officers; secret ballot exemption for certain local elections; pre‑existing laws subject to Article 273 adaptation.
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3 April 2007 |
| March 2007 |
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The IGG is the constitutional "appropriate tribunal" to enforce the Leadership Code and may remove MPs under Article 83(1)(e).
Constitutional law – Leadership Code enforcement – Article 83(1)(e) and Article 234 – IGG as "appropriate tribunal"; separation of investigative and adjudicative functions – natural justice safeguards and appeal rights; Speaker and Electoral Commission compliance with IGG orders; judicial review limits under Leadership Code Act (Section 34(2)(b)) treated as academic in this petition.
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26 March 2007 |
| January 2007 |
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High Court bail must be honored; unlawful GCM remands violate fair trial, liberty and judicial independence.
Constitutional law — fair trial (Article 28) and personal liberty (Article 23) — detention by court-martial declared nullity — High Court bail must be respected — Magistrates' Court Act s.168(1)&(2) compatible with fair-trial rights — DPP's prosecution powers vis-à-vis court-martial custody (Article 120).
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12 January 2007 |