2) If the petition is not amended within the time fixed by the Court in accordance with subsection (1), the petition shall be rejected. 323. Dismissal of Petition:The Court shall dismiss the application and record the reasons for such dismissal, where it appears to it:(a) that the applicant has no right or direct interest in instituting the suit; (b) that the petition does not contain any justifiable issue to be decided; (c) that the petition does not disclose any clear infringement of any constitutional right or that the applicant has not exhausted all the remedies available to him. 324. Admitting the Suit:Where the petition is presented in the proper form, the Court shall make an order allowing it and directing payment of the prescribed fees unless the applicant is excused from payment by a Court order. 325. Notices:The CANS shall be regarded as an interested party in any constitutional suit or petition and the Attorney General. 326. Joinder of Other Persons:Where it appears to the Court that any person has a right or a direct interest in the result of the suit or petition, the Court may, at any stage of the suit or petition, direct that such person be joined as a defendant. 327. Procedure:In a suit for a declaration of the unconstitutionality or for the protection of constitutional rights, the same procedure as provided in this Act for hearing and determining a civil suit, shall be followed except the notice provided for in section 32 (3). 328. Disposal of the Suit:Where it appears to the Court that the matter in issue can be determined on the written submissions of the parties, the Court may decide it according to such submissions unless one of the parties applies to be heard in person or by an advocate. 329. Reference of Questions of Facts to Trial Courts:1) If a suit is instituted under section 320 (2) and it appears to the Court that the parties are at issue upon any question of fact which can be determined in the trial Court it may refer such question to such Court for hearing and determination. 2) The Court to which any question of fact has been referred under sub-section (1) shall hear and determine such question and return the record to the Court of Appeal. 70

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