Order 37 — Application for Judicial Review

(1) An application for an Order of mandamus, prohibition, certiorari or quo warranto shall be made by way of an application for Judicial Review in accordance with the provisions of this Order.

(2) An application for a declaration or an injunction made pursuant to Rule 1 of this Order may be granted by the Judge if he deems it just and convenient to grant it by way of Judicial Review, having regard to:
(a) the nature of the matters in respect of which relief may be granted by way of an Order of mandamus, prohibition, certiorari or quo warranto;
(b) the nature of the persons and bodies against whom relief may be granted by way of such an Order; and
(c) all the circumstances of the case.

An application for Judicial Review shall be brought within three months of the date of occurrence of the subject-matter of the application.

(1) An application for Judicial Review shall be made by Motion on Notice or Originating Summons to the Judge and shall be supported by:
(a) a Statement setting out the name and description of the Applicant, the reliefs sought and the grounds on which they are sought;
(b) an affidavit verifying the facts relied on; and
(c) a Written Address in support of the application.

(2) The Judge hearing the application may allow the Applicant’s Statement to be amended, whether by specifying different or additional grounds or relief or otherwise on such terms, if any, as he deems fit.

(3) The Judge shall not grant the application unless he considers that the Applicant has sufficient interest in the matter to which the application relates.

(4) Where the application is for an Order of certiorari to remove for the purpose of its being quashed any Judgement, Order, conviction or other proceedings which is subject to appeal and a time is limited for the bringing of the appeal, the Judge may adjourn the application until the appeal is determined or the time for appealing has expired.

(5) Where the application for Judicial Review is granted, then:
(a) if the relief sought is an Order of prohibition or certiorari and the Judge so directs, the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Judge otherwise orders;
(b) if any other relief is sought, the Judge may at any time grant in the proceedings such interim relief as could be granted in an action commenced by Writ; and
(c) the Judge may impose such terms as to costs and as to giving security as he deems fit.

(1) The Motion on Notice or Originating Summons shall be served on all persons directly affected and where it relates to any proceedings before a Judge and the object of the application is either to compel the Judge or an officer of the Court to do any act in relation to the proceedings, or to quash them or any Order made therein, the Motion or Summons shall also be served on the Clerk or Registrar of the Court and where any objection to the conduct of the Judge is to be made, on the Judge.

(2) Unless the Judge has otherwise directed, there shall be at least seven days between the service of the Notice or Summons and the day named therein for the hearing.

(3) An affidavit giving the names and addresses of and the places and dates of service on all persons who have been served with the Motion or Summons shall be filed before the Motion or Summons is entered for hearing, and if any person who ought to be served under this Rule has not been served, the affidavit shall state that fact and the reason for it and the affidavit shall be before the Judge on the hearing of the Motion or Summons.

(4) Where the Judge, on the hearing of the Motion or Summons, is of the opinion that any person who ought, whether under this Rule or otherwise, to have been served has not been served, the Judge may adjourn the hearing on such terms, if any, as he may direct in order that the Motion or Summons may be served on that person.

(1) The Judge may on the hearing of the Motion or Summons allow the Applicant to amend his Statement whether by specifying different or additional grounds of relief or otherwise, on such terms, if any, as he deems fit and may allow further affidavits to be used if they deal with new matters arising out of an affidavit of any other party to the application.

(2) Where the Applicant intends to amend his Statement or to use further affidavits, he shall give notice thereof and of any proposed amendment to every other party.

(3) Each party to the application shall serve on every other party a copy of every affidavit which he proposes to use at the hearing.

(1) On the hearing of any Motion or Summons for Judicial Review, any person who desires to be heard on the Motion or Summons and appears to the Judge to be a proper person to be heard, shall be heard notwithstanding that he has not been served with the Motion or the Summons.

(2) Where the relief sought is or includes an Order of certiorari to remove any proceedings for the purpose of quashing them, the Applicant may not question the validity of any Order, Warrant, committal, conviction, inquisition or record unless before the hearing of the Motion or Summons, he has filed a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Judge hearing the Motion or Summons.

(3) Where an order of certiorari is made in any such case as is referred to in sub-rule (2) of Rule 1, the Order shall subject to sub-rule (5) hereof, direct that the proceedings shall be quashed forthwith on their removal into Court.

(4) Where the relief sought is an Order of certiorari and the Judge is satisfied that there are grounds for quashing the decision to which the application relates, the Judge may in addition to quashing it, remit the matter to the Court, Tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Judge.

(5) Where the relief sought is a declaration, an injunction or damages and the Judge considers that it should not be granted on an application for Judicial Review but might have been granted if it had been sought by the Applicant in an action commenced by Writ at the time of making his application, the Judge may instead of refusing the application, order the proceedings to continue as if they had been begun by Writ, subject to the provisions of these Rules relating to commencement of actions by Writ of Summons.

On an application for Judicial Review, any relief mentioned in Rule 1 of this Order may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of, relates to or is connected with the same matter.

On an application for Judicial Review, the Judge may subject to Rule 1 of this Order, award damages to the Applicant if:
(a) he has included in the Statement in support of his application, a claim for damages arising from any matter to which the application relates; and
(b) the Judge is satisfied that if the claim had been made in an action commenced by the Applicant by Writ at the time of making his application, he could have been awarded damages.

Any interlocutory application in proceedings on an application for Judicial Review may be made to the Judge.

No action or proceeding shall be brought or prosecuted against any person in respect of anything done in obedience to an order of mandamus.

Where there is more than one application pending against several persons in respect of the same matter on the same grounds, the Judge may order the applications to be consolidated.