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By Evarist Baimu Nyaga Mawalla - Home

By Evarist Baimu Nyaga Mawalla - Home

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East Africa 377. In that case the learned President Formulated general principleswhich he said should guide statutory domestic or administrative tribunals. Hesaid, ct pp. 386 – 387:“The general principles which should guide statutory domestic or administrativetribunals sitting in a quasi-judicial capacity are will know. The authorities arereviewed in the recent case of University of Geylon v Fernando (1960) 1 All E.R.631 I think that the principles, so ar as they affect the present case, may besummaried as under:(1) If a statute prescribes, or statutory rules or regulations binding on thedomestic tribunal prescribe, the procedure to be followed, that proceduremust be observed; As LORD SHAW OF DUNFERINCLINE said in LocalGovernment Board v Arlidge (1915) AC 120, at p. 130 “If a statuteprescribes the means it” (the local Government Board) “must employ then”and in University of Gevlon v Ferndando, at p.638 LORD JENKINS,delivering the judgment of the Board and speaking of a clause in the“General Act” of the University of Ceylon, said(2) “ If the clause contained any special directions in regard to the steps to betaken by the vice chancellor in the process of statisfying himself, he would,of course, be bound to follow those directions”.(3) If no procedure is laid down. There may be an obvious implication thatsome form of inquiry must be made such as will enable the tribunal fairlyto determine the question at issue: De Verteuil v Knaggs, (1918) A.C.557,560.606

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