By Evarist Baimu Nyaga Mawalla - Home

identified or even adumbrated in the respondent’s argument at the hearing beforeGflidewell J. and so excusably finds no place in what otherwise I regard as animpeccable judgment. The consequence of this omission was that he found infavour of the applicants. Before the Court of Appeal the Crown advanced thecrucial point in argument in terms that were unnecessarily and in my viewunjustifiably wide. This stance was maintained in the appeal to this House.Although under your Lordships encouragement the narrower point of law thatwas really crucial was developed and relied on by the respondent in thealternative. Once that point has been accurately identified the evidence in thecase in my view makes it inevitable that this appeal must be dismissed. I willattempt to state in summary form those principles of public law, which lead me tothis conclusionJudicial review now regulated by R.S.C. Ord 53 provides the means by whichjudicial control of administrative action is exercised The subject matter of everyjudicial review is a decision made by some person (or body of persons) whom Iwill call the decision-maker or else a refusal by him to make a decisionTo qualify as a subject for judicial review the diction must have consequenceswhich affect some person (or body of persons) other than the decision-makeralthough it may affect him too It must affect such other person either;(a) by altering rights or obligations of that person which are enforceable or(b) by depriving him of some benefit or advantage which either (i) he had in thepast been permitted by the decision-maker to enjoy and which he canlegitimately expect to be permitted to continue to do until there has beencommunicated to him some rational ground for withdrawing it on which he hasbeen given an opportunity to comment: or (ii) he has received assurance fromthe decision-maker will not be withdrawn without giving him firs an opportunity ofadvancing reasons for contending they should not be withdrawn. (I prefer tocontinue to call the kind of expectation that qualifies a decision for inclusion inclass (b) a legitimate expectation rather than a reasonable expectation in orderthereby to indicated that it has consequences to which effect will be given inpublic law whereas an expectation or hope that some benefit or advantage would342