By Evarist Baimu Nyaga Mawalla - Home

in law. As I understand the law, if a decision purportedly made by an authoritywhich falls under the supervisory jurisdiction of this Court is challenged on theground that it is not valid in law or it is null and void it becomes the bounden dutyof the Court to hear the aggrieved party. It must be distinctly understood,however, that this Court’s supervisory jurisdiction is one of supervision and not ofappeal or revision. When it exercises that jurisdiction this Court does not sit as asuper-exercises. Thus, when it issues an order of certiorari the court does notsubstitute another order in the place of the quashed order, but it removes thatorder out of the way, as one which should not be used to the detriment of anyindividual: see Walsall Overseers v Railway Company (1978) 4 App. Case 30,39. Where an authority exceeds its jurisdiction, its decision will be regarded bythe courts as invalid in law and beyond the protection of any exclusionaryformula: see Anisminic V Foreign Compensation Commission (1969) 2 A.C. 147.Parties to disputes as to legal rights must have access to legal tribunals for thesettlement of those disputes.For the reasons I have given, I hope not at an inordinate length, I allow theapplication and quash the President’s decision purporting to retire the Applicantin the public interest. The Respondent is to pay the Applicant’s costs in theapplication.B.A SamattaJAJI KIONGOZI496