Below is the law on legal vacations. It does not say that courts are to shut down. As you may see from Rule 4 below, the legal vacation schedule is, by Rule 1(1), subject to the CJ’s decision to give warrants to a judge to work during the vacation.
Now, those seeking to rely on an alleged convention, there are two things we know about what may constitute a convention:
1. The existence of a convention is a question of fact which must be established by evidence of two things (a) consistent practice, AND (b) opinion juris – that is, the uniform opinion that the practice is binding as law rather than a preference or convenience.
The practice, as we know it, doesn’t support the existence of such an alleged convention. CJs have consistently, throughout the ages, given vacation warrants to judges who have conducted trials.
2. An alleged convention cannot operate to override an express provision of law. The express provision of law on the matter is Order 79 of CI 47. No law or practice gives a lawyer or our associations the power to determine whether court proceedings should go on.
Source: newsthemegh.com