By Evarist Baimu Nyaga Mawalla - Home

the fundamentals of good administration Bearing in mind the vastdifferences which exist between our people and those of England in bothsocial and cultural fields and especially their knowledge of and attitudetowards decision-making public bodies and taking into consideration thecomparable educational backwardness of the majority of our people I thinkit is in the inters of justice and fair play that the common law relating to thegiving of reasons for decisions should be qualified in the manner I haveendeavored to indicate In my considered opinion, a duty to give reasonsand a right to them should be recognize by our law and treated as beingof decisive importance in administrative justice Although a decision of theminister of commissioner under s.26 of the Act is according s. 27 (1) citedsupra, final and conclusive that does not mean the decision is not subjectto review by courts That remedy is not excluded by those or similar wordssee Healey v ministry of Health [1957] 1 All E.R 796 Taylor v NationalAssistaance Board [1957] 101 and Tehrani and Another vi Rostron [1972]1 Q .B No appeal will lie against decisions protected by such words orphrases, but an aggrieved party may come to this court and ask forprerogative orders Mullity of a decision is not protected by words final orconclusive. It follows as day follows night, that the decision which theapplicant company has complained against in the instant proceedings fallsunder this court’s surveillance it should perhaps also be pointed out thatnether the failure not the refusal of a decision-maker to give reasons for403