Principle

JURISDICTION — Ouster Clause — Effect of Ouster Clause Where Tribunal Exceeds Jurisdiction — Ouster Clause Does Not Protect Tribunal Acting in Excess of Jurisdiction

Area of law: JURISDICTION
Court: Supreme Court

An ouster clause protects acts done within jurisdiction. It does not protect acts done in excess of jurisdiction. The High Court retains supervisory jurisdiction to determine whether the tribunal exceeded its powers. The principle is based on Anisminic v. Foreign Compensation Commission. The court may…

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