By Evarist Baimu Nyaga Mawalla - Home

injunctive relief is sought? Although in the actual there is an provision..to s. 31 of the supreme court, Act (of England). I am of thesettled opinion, bearing in mind the definition of term civid proceedings” ins. 2(2) of the Act, and talaing into accent of the definition of the phrase ‘proceeding against the government given in the same susbsection, thatthe word “civil there has not been used to mean the opposite of criminal.Thus, constitutional proceedings and proceedings which are institutedunder this court’s supervisory jurisdiction that is to say, the jurisdiction tosupervise statutory and domestic tribunalis, conferred on the court by s.17 (2) of the law Refors (Fata Accidents and Miscellaneous Provisions)Ordinance (cap. 360) as amended by the law reform (Fatala accidents andMiscellaneous Provisions Ordinance (amendment) Act, 1968, most beheld to be excluded by the term. The term was intended to have arestricted meaning, it was intended to mean civil matters as understood inthe traditional sense of the term, that is to say, civil matters that are dealtwith under this Court’s general civil jurisdicition. Any statutory provisionwhich purports to restrict this courts jurisdiction, including interestjurisdiction, must, in the interests of everyone living with the territorialboundaries of the united Republic, be construed strictly. The application ofthat principle in the interpretation of s. 11 of the Act compels me to hold,asI have already indicated, that the term “Civil proceedings” in thesubsection does not embrace prerogative proceedings. In my opnion, co11 is related to private law litigation only.663