have both taken up their seats in Parliament and are in the House and therefore there is no live issue to be tried by the courts. [93] The issue in the case at bar is essentially whether the Claimants seats were properly vacant and given the factual circumstance that the seats are no longer vacant does this render the case moot and therefore should the court decline to deal with the issue or is there a collateral issues or issue of great public importance that would justify the court hearing this matter? [94] The question to be answered is, “is there a live controversy existing which affects the rights of the Claimants herein? Counsel for the Claimants submits that the seats are no longer vacant but in fact occupied by the Claimants and in the circumstances the dispute has disappeared and the issue has become academic, further that this is not a situation where the court could or should exercise its discretion to continue hearing the case, that there is no collateral issue or issues of great public importance that would justify the Court in expending scarce judicial resources to hear these Claims. [95] Counsel submitted that it is a general rule that the Court will decline to hear a case where the decision of the Court will hot have the effect of resolving some controversy which affects or may affect the rights of the party. Further, that is, if the decision of the court will have no practical effect on such rights the court will decline to decide the case. Counsel relied on the statement of Lord Justice-Clerk in the Macnaughton Case28 where he said:  “Our courts have consistently acted on the view that it is their function in the ordinary run of contentious litigation to decide only live, practical questions, and that they have no concern with hypothetical, premature or academic question, nor do they exist to advise litigants as to the policy which they should adopt in the ordering of their affairs. The courts are neither a debating club nor and advisory bureau.”  28    Macnaughton –v‐ Macnaughton’s Trustees (1953) SC 387  26

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