By Evarist Baimu Nyaga Mawalla - Home

RULINGKYANDO, J.This is an application for leave to apply for the prerogative orders of certiorari andMandamus. It is sought by the applicant to apply to “quash the decision andorders of the respondent dated 30 th December, 1990, and 19 th Fevruary, 1991,declaring the applicants prohibited immigrants and an order compelling therespondent to deal with the applicant’s matters, if he still wishes, in accordancewith the law”An interim order is also sought and the prayer for this is couched in these terms:“That this honourable Court may be pleased to order a temporary suspension ofthe respondent’s order against the first applicant pending the determination of theapplication.”The application is made under s.17 (2) of Part VII of the Law Reform (FatalAccidents and Misc. Provisions) Ordinance, cap. 36, as amended by Act 55 of1968, and section 95 of the Civil procedure Code, 1966. When it was filed for thefirst time, it was supported by an affidavit sowrn by Mr. Mchora, who is counselfor the applicant in this application. I directed his clients personally to swear theirown affidavits in support of the application, and this was done. But then in theaffidavits, while it was alleged tha the Minister for Home Affairs was the one whohad signed the “notice to Prohigited Immigrant, “which notice is the onecontaining the decision or orders sought to be quashed by certiorari and a copy500