Challenges of case management in somaliland high court by Guled Abdulahi Osman law-18-511 & Salah Bile Warsame law-18-5
Download 195.64 Kb.
|
Chapter 5 Contract law 2, SCHOOL OF LAW A THESIS SUBMITTED IN THE
- Navigate this page:
- Bachelor Degree of Law 2021 Chapter 1 INTRODUCTION BACKGROUND TO THE STUDY
- Article 128: The Basis and the Supremacy of the Constitution
|
CHALLENGES OF CASE MANAGEMENT IN SOMALILAND HIGH COURT by Guled Abdulahi Osman LAW-18-511 & Salah Bile Warsame LAW-18-5 & Samira Mohamed Hassan LAW-18-5 A Thesis Submitted to the School of Law, Alpha University College, in Partial Fulfillment of the Requirements for the Bachelor Degree of Law @ 2021. Harg Somaliland Bachelor Degree of Law 2021 Chapter 1 INTRODUCTION BACKGROUND TO THE STUDY The efficient and effective management of court in any country is of paramount importance to conducting court proceedings and successful completion of court cases in a timely manner and ensuring justice is delivered to citizens. The Judiciary and the public rely upon court records which should be complete, accurate, and readily available, in order to ensure delivery of justice is met. In Somaliland today a lot of complaints have been raised about the performance of the Judiciary in relation to the administration of justice partly because of professional malpractices on the one hand and poor management practices on the other. ‘Case management’ means that the ‘progress of cases’ before the courts must be ‘managed, in one sense, its direction from traditional adversarial case management which had left the pace of litigation primarily in the hands of the legal practitioners. The most important general mandate of the high court and their subordinates are two: first to manage the case, and secondly to adjudicate the case. But Somaliland judiciary fails to fulfill the management of the case except the procedural rules like civil and criminal procedural managements as we discussing below upcoming chapters. In our country, we have not had any specific rules of case management where Judges monitor the movement of cases throughout its career in the Court or any system of different tracks. We have ad hoc systems improvised by each Court but not a uniform system. One of the main items which involve considerable waste of the judicial time of every trial Judge is the system of calling out all the listed cases – which are not yet ripe for final disposal – to find out whether (a) notices are served, (b) whether defects are cured, (c) whether affidavits, reply or rejoinder affidavits are filed, (d) whether notices in applications for bringing legal representatives or record are served, (e) whether parties have taken various steps necessary to be taken at various stages of the case. This part of the work, in several trial Courts, takes more than an hour of the Judge’s time. By the time regular work is taken up, the Judge loses the freshness of the morning and is already tired There are a number of reasons why Somaliland does not have a case management system. These are: - First, the constitution of the Republic of Somaliland 2000 and the rules of procedures in civil and criminal proceedings are incompatible, and there are various rights and duties and procedures states the highest law of the country (constitution) but not included the other justice tools (procedural and substantive laws), and there are cultural conducts and beliefs that not matching the rule of law. In Article 128: The Basis and the Supremacy of the Constitution says:- The Constitution shall be based on Islamic principles. The Constitution shall be the supreme law of the land, and any law which does not conform to it shall be null and void. But the supremacy of the constitution in not upmost believes of our justice officers and it’s the main issue uprising the conflict of the constitution and the other laws. The second reason is legal gaps of malpractice in our parliament that not makes more laws that stated in Somaliland constitution. Third reason is the each court used a different approach to administering the case, which resulted in the legal service provider not being able to understand or be confused by the administrative procedures they were using. Download 195.64 Kb. Share with your friends:
|