Description:
the curative petitions ought to be treated as a rarity
rather than regular and the appreciation of the Court shall have to
be upon proper circumspection having regard to the three basic
features of our justice delivery system to wit, the order being in
contravention of the doctrine of natural justice or without
jurisdiction or in the event of there is even a likelihood of public
confidence being shaken by reason of the association or closeness
of a judge with the subject matter in dispute. In my view, it is
now time that procedural justice system should give way to the
conceptual justice system and efforts of the law Court ought to be
so directed. Gone are the days where implementation of
draconian system of law or interpretation thereof were insisted
upon - Flexibility of the law Courts presently are its greatest virtue
and as such justice oriented approach is the need of the day to
strive and forge ahead in the 21st century. #pdf