By Evarist Baimu Nyaga Mawalla - Home

such as damages or on injunction. The ambit of certiorari and prohibition waslimited to bodies performing judicial function, a concept of uncertain width. Othercharacteristics (and defects) of the orders led litigants increasingly to prefer theremedies of the injunction and the declaration. Following various proposals forreform, the Rules of the Supreme Court were amended in 1977 to provide aprocedure known as an application for judicial review which enables a litigant toseek relief while leaving to the Court the decision as to which particular remedy isappropriate.A litigant may proceed by way of an application for judicial review where theremedy sought is (i) an order of certiorari, prohibition or mandamus or (ii) adeclaration or injunction. The latter remedies may be granted on an applicationfor judicial relief if the court considers it just and convenient to do so havingregard (a) to the nature of the matters in respect of which relief may be grantedby way of certiorari, prohibition or mandamus, and (b) the nature of the personsand bodies against which relief may be grented by such orders .. A claim fordamges may be include in on application for judicial review. Where the Courtconsiders that the proceedings should have been commenced by writ it mayorder them to continue as if so commenced. To be entitled to seek judicial reviewthe applicant must have what the court to be a sufficient interest’ to the matter towhich the applicant relates.”The “sufficient interest” test replaces the locus standi “test which applied prior tothe reforms. The learned authors of “O. Hood Phillips’ Consitutional and505