By Evarist Baimu Nyaga Mawalla - Home

prohivition or certiorari (b) the nature of the persons and bodies against whomrelief may be granted by such orders; and (c) all the circumstances of the case, itwould be just and convenient for the declaration to be made or the injunction tobe granted, as the case may be.(3) No application for judicial review shall be made unless the leave of the HighCourt has been obtained in accordance with rules of court; and the court shall notgrant leave to make such an application unless if considers the the applicant hasa sufficient interest in the matter to which the application relates.(5) On an application for judicial review the High court may award damagesarising from any matter to which the application relates; and (b) the courtis satisfied that, if the claim had been made in an action begun by theapplicant at the time of making his application, he would have beenawarded damagesIn a 31 the jurisdiction to grant decarations and injunctions is directly linked tothat which aready existed in relation to the prerogative orders. The jurisdiction toaward damages by contrast is restricted to those situations where damages arerecoverable in an action begun by write. It has never been suggested that adeclaration is not available in proceedings against a minister in his officialcapacity and if Ord 53 and s 31 apply to a minister in the case of declarationsthen, applying ordinary rules of construction, one qould expect the position to beprecisely the same in the case of injunctions. As an examination of the positionprior to the introduction of judicial review indicates, because of the same of the587