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WE SHOULD AVOID INTERPRETATION WHICH WOULD REDUCE THE LEGISLATIVE TO FUTILITY

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Nokes v. Doncaster Amalgamated Collieries, Limited (1940) A,C, 1014, Viscount Simon, L.C, staled at page 1022: “If the choice is between two interpretations, the narrower of which will fail to achieve the manifest purpose of the legislation, we should avoid a construction which would reduce the legislation to futility and should rather accept the bolder construction based on the view that Parliament would legislate only for the purpose of bringing about an effective result.”

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STATUTE SHOULD BE READ AS A WHOLE

It is important in the construction of a provision to read the statute as a whole. Such a method of construction enables an interpretation which brings into focus related sections which are complementary. – Karibi-whyte JSC. Idehen v. Idehen (1991) – SC. 271/1989 Was this dictum helpful? Yes 0 No 0...

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STATUTES ARE TO BE READ AS A COMPOSITE WHOLE

There are certain settled principles that guide the Court in the interpretation of statutes. Generally, statutory provisions must be interpreted in the context of the whole statute and not in isolation. They must be interpreted in a manner that is most harmonious with its scheme and general purpose. Furthermore, where the subject matter being construed...

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STATUTES ARE TO BE INTERPRETED LITERALLY, WHETHER HARSH OR NOT

In the matter of the interpretation of statutes, Courts have been well guided over the years with the clear boundary beyond which Courts cannot enter. Thus, while Courts have the power to interpret the law, it has no licence to veer into the legislative arena or constitute itself into the legislator, however harsh or distasteful...

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FUNDAMENTAL PRINCIPLES THAT GOVERN THE INTERPRETATION OF OUR CONSTITUTION

I think I ought to state at this stage that, generally, the fundamental principles that govern the interpretation of our Constitution are: (i) That such interpretation as would serve the interest of the Constitution, best carry out its object and purpose and give effect to the intention of the framers thereof should be preferred; (ii)...

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DUTY OF JUDGE TO INTERPRETE THE LAW

I agree that a judge should be firm and pungent in the interpretation of the law but such should be short of a judge being a legislator. This is because it is the duty of the legislature to make the law and it is the assigned duty of the judge to interpret the law as...

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PREAMBLE MUST BE HAD IN MIND WHILE APPLYING SECTIONS OF THE LAND USE ACT

The preambles to the Land Use Act, If looked at carefully and relating it to the case at hand, would reveal that the provision for consent of the Governor must not be applied to transfer of title or alienation of rights between private individuals where there is no overriding public interest or conflict between the...

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