Special Proceedings and Prerogative Writs
This domain tests the applications that do not follow the ordinary writ action: enforcement of fundamental human rights, habeas corpus, judicial review under Order 55 of C.I. 47, and the originating summons or petition procedures used for particular causes.
Judicial review (Order 55, C.I. 47)
- The High Court's supervisory jurisdiction (Article 141) is invoked by originating motion supported by an affidavit and a statement of the facts and reliefs relied on. Leave, where required, must be sought, and the application must be brought promptly - delay is a decisive objection.
- Certiorari quashes a decision for want of jurisdiction, breach of natural justice, or error of law on the face of the record. Mandamus compels performance of a public duty, not the exercise of a discretion in a particular way. Prohibition restrains a body from exceeding or continuing to exceed its jurisdiction.
- The reliefs must be sought together, and damages may be claimed in the same application only where the rules permit and the facts are properly pleaded. The existence of an alternative remedy is a factor against, but not an absolute bar to, relief.
Fundamental rights and habeas corpus
Under Article 33 a person alleging infringement of a fundamental right may apply to the High Court, which may issue orders and award compensation. Habeas corpus is the summary procedure by which the court directs the detainer to produce the body and justify the detention; it is heard urgently on affidavit and is not a review of the merits of any charge.
Other special proceedings
Originating summons serves the construction of documents and like questions; petitions govern probate and matrimonial causes under Act 367; companies applications proceed by motion under Act 992; election petitions follow their constitutional and statutory regime.
Worked example
A licensing body cancels a permit without hearing the holder, who also wants damages. Reasoning: the applicant files an Order 55 application seeking certiorari to quash the cancellation and prohibition against further action; the breach of natural justice is jurisdictional. Damages are pursued separately unless properly sought in the same application, and the delay must be explained.
Traps that cost marks
Using certiorari as an appeal against findings of fact; naming the tribunal's secretary rather than the decision-maker; failing to seek all reliefs together; and claiming damages in judicial review without pleading them.