Frequently Asked Questions

What is a dismissal?

A dismissal refers to the court’s decision to terminate a case without imposing liability on the defendant.

The difference between strike out and dismissal – If a case is dismissed, it is closed and cannot be re-opened. This means the applicant cannot bring the case again before the same court. A case that has been struck out may be re-opened in some circumstances.
What does it mean to Strike out an application?

The court has the power to strike out (i.e. dismiss) either party’s statement of case (in whole or in part). A strike out will usually end the claim (or part thereof). There are various grounds on which a party’s claim may be struck out e.g. when the wrong party is sued, when the Court lacks jurisdiction.
What are Merits?

In law, merits are the characteristic rights and wrongs of a case, absent of any emotional or technical bias.

What is Admissibility?

The quality of being acceptable or valid, especially as evidence in a court of law.
What is Jurisdiction?

The extent of the power to make legal decisions and judgments/ the authority of a court to hear and determine cases.
What are the functions of the judicial council?

The functions of the Judicial Council are stated in the Supplementary Act on the Establishment of the Judicial Council, they include:

i. To propose the appointment of judges to the Authority through the Council of Ministers; Article 3(1)

ii. To deal with cases concerning the discipline of judges of the Court;

iii. To deal with cases regarding the inability of judges to perform their functions due to physical or mental disabilities Article 4(1) and (2)

iv. To receive the resignation of judges – Article 5