LEGAL PRINCIPLE: JURISDICTION – Chieftaincy Matters – Declaratory Reliefs – Supervisory Jurisdiction of High Court
PRINCIPLE STATEMENT
It is also settled law that an aggrieved party can invoke the supervisory jurisdiction of the High Court by way of declaration in seeking for such decisions to be set aside. In the case in hand the appellant can invoke by way of a declaration, the supervisory jurisdiction of the High Court to correct fundamental errors of law committed by the prescribed authority.
RATIO DECIDENDI (SOURCE)
"It is also settled law that an aggrieved party can invoke the supervisory jurisdiction of the High Court by way of declaration in seeking for such decisions to be set aside. In the case in hand the appellant can invoke by way of a declaration, the supervisory jurisdiction of the High Court to correct fundamental errors of law committed by the prescribed authority."
EXPLANATION / SCOPE
An aggrieved party may invoke the High Court’s supervisory jurisdiction by way of declaratory relief to set aside decisions of a prescribed authority (e.g., in chieftaincy matters). Declarations are available to correct fundamental errors of law committed by such authorities. The supervisory jurisdiction is not limited to prerogative orders (certiorari, prohibition, mandamus)—declarations serve the same corrective function. The plaintiff must show that the authority acted ultra vires, breached natural justice, or made an error of law on the face of the record. The declaration operates as a binding statement of the parties’ rights. The principle ensures access to judicial review without rigid procedural constraints. The court’s supervisory role protects against administrative injustice.