Order 34 — Application for Judicial Review

(1) An application for:

(a) an order of mandamus, prohibition or certiorari; or

(b) an injunction restraining a person from acting in any office in which he is not entitled to act,

shall be made by an application for judicial review in accordance with the provision of this order.

(2) An application for a declaration or an injunction not being an injunction in sub-rule (1) (b) of this rule may be made by way of an application for judicial review, and the Court may grant the application if it deems it just and convenient having regard to:

(a) the nature of the matter in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari;

(b) an affidavit verifying the statement relied on; and

(c) an affidavit and written address in support of the application for leave.

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.

(1) An application for judicial review shall not be made unless the leave of the Court has been obtained in accordance with this order.

(2) An application for leave shall be made ex parte to the Judge and shall be supported by:

(a) a statement setting out the name and description of the applicant, the relief sought and the ground on which it is sought;

(b) an affidavit verifying the facts relied on; and

(c) a written address in support of the application for leave.

(3) The Judge hearing an application for leave may allow the applicant’s statement to be amended, whether by specifying different or additional grounds of relief or otherwise in such terms, if any, as he deems fit.

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

(5) Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed; any judgment, order, conviction or any other proceeding, which is subject to appeal and a time is limited for the bringing of the appeal, the Judge may adjourn the application for leave until the appeal is determined or the time for appealing has expired.

(6) Where leave to apply for judicial review is granted:

(a) in a case where the relief sought is an order of prohibition or certiorari and the Judge 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) in a case where 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 begun by writ; or

(c) the Judge may impose such terms as to cost and giving security as he deems fit.

An application for judicial review shall be brought within 3 months of the date of occurrence of the subject of the application.

(1) Where leave has been granted, the application shall be made by motion or by originating summons which shall be accompanied by a written address.

(2) The notice of motion or summons shall be served on any person directly affected, and where it relates to any proceeding 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 notice or summons shall also be served on the:

(a) clerk or registrar of the Court; or

(b) Judge, where any objection to the conduct of the Judge is to be made on the Judge.

(3) Unless the Judge granting leave has otherwise directed, there shall be at least 7 days between the service of the notice of motion or summons and the day named for the hearing.

(4) A motion shall be entered for hearing within 14 days after the grant of leave.

(5) An affidavit giving the names and addresses of, and the places and days of service on the persons, who have been served with the notice of 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.

(6) Where on the hearing of the motion or summons the Judge 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 notice of summons be served on that person.

(1) The Copy of the statement in support of an application for leave under rule 3 of this rule shall be served with the notice of motion or summons and subject to sub-rule (2) of this rule, no ground shall be relied upon or any relief sought at the hearing except the grounds and relief set out in the statement.

(2) The Judge may on the hearing of the motion or summons allow the applicant to amend his statement by specifying different or additional ground of relief or otherwise, on such terms, if any, as he deems fit and may allow further affidavit to be used if it deals with any new matter arising out of an affidavit of any other party to the application.

(3) Where the applicant intends to ask to be allowed to amend his statement or to use further affidavit, he shall give notice of his intention and of any proposed amendment to every other party.

(4) A party to the application shall supply to every other party a copy of every affidavit which he proposes to use at the hearing including, in the case of the applicant the affidavit in support of the application for leave under rule 3 of this order.

(1) On an application for judicial review, the Judge may, subject to rule 2 of this order, award damages to the applicant if:

(a) he has included in the statement in support of his application for leave under rule 3 of this order, 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 begun by the applicant 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.

(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 notice of motion or 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 this rule, the order shall, subject to sub-rule (5) of this rule, direct that the proceedings 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.

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 and on the same ground, the Judge may order the applications to be consolidated.