Administrative Law Essay

2208 Words May 22nd, 2011 9 Pages
PART A: This problem is a straight forward problem in judicial review and prerogative remedies. Judicial review can be done through Prerogative orders. Judicial review refers to the Court’s review of a lower or administrative body’s factual or legal findings[1]. Prerogative remedies are remedies which if not always are designed from the first for the control of governmental duties and powers, have long been used for the purpose especially[2]. These remedies are such as certiorari, mandamus, prohibition, quo warranto and habeas corpus. Appropriate remedies which Cristiano Ronaldo may seek in an action before the High Court and the reasons for seeking of each of the remedies are; Certiorari, this is an order issued by …show more content…
The public duty imposed should be of an imperative nature and not a discretionary one. The applicant must have locus stand that is he must have sufficient interest in the matter he is applying for lastly there should be no other appropriate remedy available to the applicant. In this problem the conditions are present as Ronaldo has demanded the performance for the renewal of license and the Director of Trade refused and he was not been given notice as noted in the case of Palm Beach Inn Ltd and Another v. Commissioner for Tourism and Two Others[8]. Also Mr. Toure was having a duty to perform on him thus to grant license. This duty was not of an imperative nature as the case of considering the application of license and not discretion as per the case of Re Mohamed Aslam Khan[9]. Also Ronaldo has a interest as he is an aggrieved person thus he has a locus standi as per the case of Alfred Lakaru v. Town Director Arusha[10]. Lastly there is no other appropriate remedy as the right to appeal is not indicated in the problem. Reasons in which Ronaldo can base in his application are violation of the rules of natural justice as per the case of Simeoni Manyaki v. Institute of Financial Management[11] Also there was irrelevant consideration as per the case of Fernandez v. Kericho Liquor Licensing Board. Error of jurisdiction as per the case of R v.