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Section 30

of Courts of Judicature Act 1964

ActIn forceProvision 32 of 81

Section 30

(1)

Where in any proceedings in any subordinate court any question arises as to the effect of any provision of the Constitution the presiding officer of the court may stay the proceedings and may transmit the record thereof to the High Court.

(2)

Any record of proceedings transmitted to the High Court under this section shall be examined by a Judge of the Court and where the Judge considers that the decision of a question as to the effect of a provision of the Constitution is necessary for the determination of the proceedings he shall deal with the case in accordance with section 48 as if it were a case before him in the original jurisdiction of the High Court in which the question had arisen.

(3)

Subsections (1) and (2) shall be deemed to be rules of court for the purposes of Article 128 (2) of the Constitution.