Justice Sonia threw out a court case that cement dealers brought against the government. The cement traders wanted to fight a tax hike that pushed prices way up from thirty dalasis to one hundred eighty dalasis per bag. The judge said the High Court cannot handle this type of dispute because it deals with constitutional law. She explained that only the Supreme Court can decide what the constitution means. The cement importers picked the wrong court for their legal battle.
The Attorney General asked the court to dismiss the case back in March. Government lawyers argued that the High Court had no power to hear constitutional questions. Justice Sonia agreed and pointed to several parts of the 1997 Constitution that back up this rule. The constitution clearly states that the Supreme Court handles all constitutional interpretation cases. The High Court can only deal with constitutional matters when basic human rights get violated.
The judge looked at whether the cement traders were wasting the court's time on purpose. She decided they were not trying to abuse the legal system or cause trouble. Justice Sonia said each case must be judged on its particular facts and circumstances. She found no evidence of bad faith or frivolous behavior from the cement importers. The traders simply filed their case in the wrong courthouse.
The court ruled that the lawsuit was set up incorrectly from the start. Justice Sonia declared the entire case incompetent and struck it out completely. The cement dealers will need to take their fight to the Supreme Court if they want to challenge the tax increase.
The Attorney General asked the court to dismiss the case back in March. Government lawyers argued that the High Court had no power to hear constitutional questions. Justice Sonia agreed and pointed to several parts of the 1997 Constitution that back up this rule. The constitution clearly states that the Supreme Court handles all constitutional interpretation cases. The High Court can only deal with constitutional matters when basic human rights get violated.
The judge looked at whether the cement traders were wasting the court's time on purpose. She decided they were not trying to abuse the legal system or cause trouble. Justice Sonia said each case must be judged on its particular facts and circumstances. She found no evidence of bad faith or frivolous behavior from the cement importers. The traders simply filed their case in the wrong courthouse.
The court ruled that the lawsuit was set up incorrectly from the start. Justice Sonia declared the entire case incompetent and struck it out completely. The cement dealers will need to take their fight to the Supreme Court if they want to challenge the tax increase.
