Facts
The High Court entertained proceedings involving the interpretation of the Constitutional provisions enshrining basic rights and freedoms without summoning the Attorney General to appear as a party in the proceedings. On appeal the Court of Appeal considered whether or not the High Court was competent to proceed with the hearing without the Attorney General.
Held:
(i) The Attorney General was not summoned as a party to appear for the hearing of the proceedings and the failure to so summon the Attorney General by the trial court contravened the provisions of s 17A(2) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Ordinance, Cap 360 as amended by Act No 27 of 1991.
(ii) Since the trial commenced and continued in the absence of a necessary party the Court proceeded without authority and that constituted a major defect which went to the root of the trial thus rendering the proceedings null and void.
Case Infomation
Appeal allowed
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