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By Evarist Baimu Nyaga Mawalla - Home

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(4) Since the case is based on averments that the applicants were receivingsubventions from the Consolidated Fund, the suit should been instituted againstthe Government and not against the applicants. In any case, the payment of thosefunds is not a justifiable issue or one, which subject to review by the courts.In this Country, locus stand is governed by the common law, According tothat law, in order to Maintain proceedings successfully, a plaintiff or anapplicant must show not only that the court has power to determine theissue but also that he is entitled to bring the matter before the court; seeHalsbury’s Laws of England, 4 th ed, para 49 at p. 52. Courts do not havepower to determine issues of general interest; see Re I.G.Farben IndustriesA.G Agreement (1943) 2 All E.R 525. They can only accord protection tointerests, which are regarded as being entitled to legal recognition. Theywill thus not make any determination of any issue that is academic,hypothetical, premature or dead.Because a court of law is a court of justice and not an academy of law, tomaintain an action before it a litigant must assert interference with ordeprivation of, or threat of interference with or deprivation of, a right orinterest which the law takes cognizance of. Since courts will protecAt onlyenforceable interests, nebulous or shadow interests do not suffice for thepurpose of suing or making an application of course, provided the interestis recognized by law, the smallness of it is immaterial.It must also be distinctly understood, I think, that not every damage orloss can be the subject matter of court proceedings. The maxam damnumsine injuria osse protest (there may be damage or loss inflicted without anyact being done which the law deems is injury is, without any shadow ofdoubt, part of the law of this country. An example of damnum absqueinjuria (loss without a wrongful act;) is where a man sets up a shop inorder to attract the customers of another shop. In Gregory and An. VLondon Borough of Camden (1967) 2 All E.R. 196, at p.203 G-H, PAULJ. Describes the common law principles in these terms,“There are many acts which cause lost which give the legalrights. Before one can come to a court of law, one mist suffer aninjury as well as damnum; one must have suffered a legal wrong aswell as an actual less of money or amenity or something else”Under s.2 (2) of the judicature and Application of Laws ordinance Cap. 453, thisCourt has, of course, power to modify the common law so as to make it suit localconditions. Commenting on identical power conferred on the High Court of East183

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