A statute may have a provision whose meaning is not clear. It is then the duty of the court to interpret it. In relation to the...

      

A statute may have a provision whose meaning is not clear. It is then the duty of the
court to interpret it. In relation to the above statement, detail the rules that govern such
statutory interpretation.

  

Answers


Maurice
(i) Literal rule
This is the basic rule statutory interpretation. It is to the effect that if the words of the
statute are clear and exact, they should be given their literal or plain or dictionary
meaning. Sentences should be given their ordinary aramatical meaning.

(ii) Golden rule.
This rule is to some extent an exception to literal rule. It is applied to avoid arriving at
an absurd or repugnant interpretation under the literal rule.
Under this rule, the court is free to vary or modify the literal meaning of the word,
phrase or sentence so as to get rid of the absurdity or repugnancy.

The rule was explained in Becke V. Smith and in Grey V. Pearson, it was used in R.
V.Allen, independent Aistomatic sales and knows and foster.?

(iii) Mischief rule: (Rule in Heydons case)
This is the oldest rule of statutory interpretation. Under the rule, the court examines the
statute to ascertain the mischief it was intended to remedy and then inteprete it in such
a way as to advance the remedy and suppress any mischief.
This rule was explained by Lord Coke in Heydons case (1584) and applied in Smith
V.Hughes (1961)

(iv) Ejus dem generic
This rule is applied to interprete things of the same kinds, genus and species. This rule
was explained in R V. Edmundson as follows, where general words follow particular
words in a statute, the general words must be interpreted as being limited to the class or
person or thing designated by the particular words; This rule is only applicable where
words of general signification follow particular words in a statute.

It is only applicable where the particular words from a class or persons or things. The
rules was applied in the case of Evans V. Cross to interprete the interpretation of Road
Traffic Act, 1930.

(v) Noscitur a sociis.
This rule is of the effect that words of doubtful meaning derive the colour and
precision from the words and phrases with which they are associated.

(vi) A statue must be interpreted as a whole.
This is the wholistic rule of interpretation. All words, phrases and sentences must be
given their due meaning unless they are meaningless conflicting clauses must be
reconciled unless they are irreconcilable.


(vii) Expressio unius est exclusion ulterius.
This rule means that the expression of one thing implies the exclusion of another. The
rule is to the effect that where a statute uses particular words which are not followed by
general words then the statute only applies to the instances mentioned.

(viiiRendendo Singular Singulis.
This rule is to the effect that where a word, phrase or sentence variously used is the
statute, it must be accorded the same meaning through out the statute.

(ix) Rank principle.

(x) Statutes in parimateria.
maurice.mutuku answered the question on April 27, 2018 at 08:48


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