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History of this document
31 May 2019 this version
Commenced
25 January 2019
Assented to
Cited documents 0
Documents citing this one 21
Judgment
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Court upheld NEMA’s ESIA approval as procedurally lawful; applicants had standing but their challenge was dismissed.
Judicial review – locus standi (public interest standing); exhaustion of administrative remedies – discretion preserved despite statutory internal review; administrative procedure – consultation duties and public hearings under National Environment Act 2019 and EIA Regulations; admissibility of affidavits – requirement for leave to file supplementary affidavits.
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Cancellation of a land title without required notice and hearing breached natural justice and was quashed; title reinstated and costs awarded.
Land law; Judicial review – procedural impropriety and natural justice; Section 91 Land Act – notice and hearing requirements for cancellation of title; Remedies – certiorari, prohibition, mandamus, injunction; Unopposed affidavit evidence treated as admitted.
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Judicial review premature; suspension pending disciplinary inquiry does not require prior hearing under Employment Act.
* Administrative law – Judicial review – Grounds: illegality, irrationality, procedural impropriety – focus on decision-making process.
* Employment law – Suspension pending inquiry – Section 63(2) Employment Act – suspension as investigatory, not punitive, measure.
* Natural justice – Audi alteram partem – extent of right to fair hearing before suspension.
* Civil procedure – Prematurity – challenge to suspension before disciplinary decision constitutes premature judicial review.
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Parliamentary committee requisition to scrutinize court awards unlawfully interfered with execution of court orders and judicial independence.
Constitutional law – separation of powers – Parliamentary committees lack power to review or alter court judgments or execution of orders; Judicial review – illegality and ultra vires actions by PAC; Government Proceedings Act s.19 – Treasury duty to pay decrees upon service; Public accounts oversight – limits and impermissible intrusion into judicial function.
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Decision refusing to shortlist applicant was quashed for breach of natural justice; no review for panel composition absent bias.
Judicial review – public bodies – procedural impropriety – natural justice and right to fair hearing – appeal decided without hearing – certiorari to quash procedural unfair decision; interview panel composition not reviewable absent bias or statutory breach; time limits for challenging administrative decisions.
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Media regulation—judicial review—Media Council Disciplinary Committee—subordinate court status—constitutional interpretation—right to fair hearing—judicial independence—administrative tribunal—petition dismissed—costs borne by parties |
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Administrative law—judicial review—illegality—irrationality—procedural impropriety—employment law—university staff—study leave—salary arrears—fair hearing—natural justice—public service standing orders—universities and other tertiary institutions act—judicature act—judicial review rules—costs |
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Challenge to revocation of forex licences construed as judicial review but dismissed as time‑barred under the statute.
Administrative law – Judicial review v statutory appeal – Interpretation of "appeal" in s.7 Foreign Exchange Act and Reg.43 as judicial review; statutory 30‑day limitation – time‑bar; Judicial Review Rules cannot extend statutory time limits; application dismissed.
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A commission of inquiry has no jurisdiction to make orders affecting property pending before the High Court.
• Administrative law – judicial review – supervisory jurisdiction of High Court under Article 42 and Judicature Act. • Commissions of Inquiry – scope of powers – investigatory/reporting role does not include making orders affecting rights in disputes pending before courts; acts ultra vires. • Natural justice – audi alteram partem – failure to afford hearing renders decision a nullity. • Remedies – certiorari and prohibition to restrain ultra vires action; award of general damages and costs.
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