By Evarist Baimu Nyaga Mawalla - Home

e made informally. But with respect there was not even an informal applicationto dispense with notice The letter to the Registrar of the High Court that thematter was urgent was not in my view an application to dispense with notice tothe opposite party That letter merely asked for an early hearing Mr. Massatiosubmitted further that he could not ask for notice to be served to the oppositeparty because the application for leave to apply for orders of certiorari andmandamus had not been heard in all application for prerogative orders such ascertiorari and mandamus leave must be sought and obtained before theapplication for any prerogative3 order is heard in my view the applicationtemporary injunction could only be made where leave had bee granted in thiscase when the application for temporary injunction was heard no leave to applyfor certiorari and mandamus had been grated by the court. It seems to me that ifthe court had been told on 28 April 1987 that in fact leave had not been grantedto apply for certiorari and mandamus the application for temporary injunctionwould not have been entertained The court proceeded with the hearing of thatapplication on the assumption that leave to apply for orders of certiorari andmandamus had been granted Sicnce such leave had not been obtained thetemporaty injunction cannot stand and for thar reason alone the temporaryinjunction would be set asideI would go further an say that the temporary injunction321