By Evarist Baimu Nyaga Mawalla - Home

Section 23 (2) (2) refers to petitions of right (b) refers, incertalia, to proceedingsfor a declaration and (c) refers, inter alia, to proceedings in tort. The language ofs 23 makes it clear that Pt II of the Act does not generally apply to allproceedings which can take place in the High Court. In particular it does notapply to the proceedings, which at that time would have been bought forprerogative orders. If there is any doubt about this, that doubt is removed by thegeneral interpretation provisons of the Act contained in s 38, s 38(2) providing.In this Act, except in so far as the context otherwise requires or it is otherwiseexpressly provided, the following expressions have the meanings herebyrespectively assigned to them, that is to say “Civil proceedings” includesproceedings in the High Court or the courty court for the recovery of fines orpenalties, but does not include proceedings on the Crown side of the (Queen’s)Bench Division”Proceedings for the pregorative orders were brought on the Crown sideReturning to s 21, what is clear is that in relation to proceedings to which provisor(a) and (b) of s 21 (1) apply, no injunction can be granted against the Crown.. Inaddition there is the further restriction on granting an injunction against an officerof the crown under s 21 (2). That subsection is restricted in its application tostriations where the effect of the grant of an injunction or an order against anofficer of the Crown will be to give any relief against the crown which could not575