318. Disposal of the Application:1) The Court shall hear and determine the application on the documents contained in the
record.
2) Nevertheless, the Court may call on the Attorney general to file further statements or
explanations.
CHAPTER 5:
OBJECTION AGAINST THE
CONSTITUTIONALITY OF LAWS, CONSTITUTIONAL
REMEDIES
319.
Objection Against the Constitutionality:A suit to determine the constitutionality of any law or legislative provision may be
instituted in the Court of Appeal by a petition which shall include in addition to the
general particulars required in the plaint a statement of the law or legislative provision the
subject matter of the petition, the grounds for alleging its contravention of the
Constitution and the right or interest of the petitioner which is directly affected thereby.
320.
The Plea of Unconstitutionality:1) If a plea of the unconstitutionality of any law or legislative provision is raised before
any Court, and such Court is satisfied of the genuineness of the plea, it shall fix a time
within which the party interested may institute a suit in the Court of Appeal.
2) If a suit is instituted within the time so fixed, the Court before which the plea is raised
shall stay the proceedings pending the final disposal of the suit in the Court of Appeal
and if no suit is instituted within the time so fixed the plea shall be considered as
nugatory.
321.
Constitutional Remedy:An application for a constitutional remedy shall lie to the Court of appeal and shall be in
the form of a petition which includes in addition to the general particulars required in the
plaint the following:(a) A statement of the right alleged to have been infringed and of the facts alleged
to constitute the infringement;
(b) A statement as to the time and place of such facts;
(c) A declaration that the applicant to the best of his knowledge and belief, has no
other sufficient remedy whether by way of appeal or other civil or criminal
proceedings and a short statement of the grounds for such belief;
(d) A statement of the value of the relief claimed.
322. Amendment and Rejection of Petition:1) Where the petition is not drawn up in the manner prescribed, the Court may reject or
return it for amendment within such time as may be fixed by the Court.
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