By Evarist Baimu Nyaga Mawalla - Home

him of that decision is in our view immaterial although it would be desirable thatthe communication of such a decision should not be unduly delayed. Thatdisposes of hat aspect of the consolidate of appealIn principle laws when enacted should not have retrospective effect especiallywhen they adversely affect a person’s rights unless they expressly state so.Retrospective laws are generally unjust and are to a certain extent forbidden,certainly, under the constitution of the united States (Bonvier’s law DictionaryBaldwins (1913) page 1068). The English Courts also hold that a stature shouldnot be construed so as to make it retrospective (3 B 551) Nothing but clear andexpress word will give such affect to a statute. This legal principle would in ourview apply equally to administrative decisions.The appellant also contended that Annex D.1 should not have been admittedbecause it was a manifestation of the Executive interfering with the judiciary. Hishe warned was an encroachment on the constitutional doctrine of the separationof powers. We better quote his own words:The executive was telling the Court Don’tGive any decision on Annex A which is beforeYou as you proposed to do because that annexIs unfavorable to my cause as a result I haveDecided to withdraw it and replace it withAnnex D.1 to which you should address your mind instead373