THE DECISION IN ANISMINIC LTD V FOREIGN COMPENSATION COMMISSION

2811 WordsFeb 5, 201412 Pages
BY IGATA, CLEMENT CHINEDU Table of Cases Anisminic Ltd V Foreign Compensation Commission (1969) 2 AC 147, (1969) 2 WLR 163....................................................................................................1 Craig v The State of South Australia (1995) 184 CLR 163 at 179.....................11 Ridge v Baldwin (1961) 2 All E.R. 523: (1961) 2 WLR 1054………………….6 R. V. Northumberland Compensation Appeal Tribunal, ex P. Shaw (1951) 1 K.B. 711: (1952) 1 K.B. 338…………………………………………………...13 Saluwa v Kabir (2011) 1 NWLR (pt. 1232) 417..................................................9 Table of Contents WHAT DID ANISMINIC DEDIDE? ANISMINIC LTD V FOREIGN COMPENSATION COMMISSION (1969) 2 AC 147, (1969) 2 WLR 163 Summary of…show more content…
Lord Morris agreed with the commission that the claim had been lost by assignment, but he said that even if he had disagreed and thought their view wrong, the commission would still only err within jurisdiction, and their decision would be binding. The decision demonstrates the courts' reluctance to give effect to any legislative provision that attempts to exclude their jurisdiction in judicial review. Even when such an exclusion is relatively clearly worded, the courts will hold that it does not preclude them from scrutinising the decision on an error of law and quashing it when such an error occurs. It also establishes that any error of law by a public body will result in its decision being ultra vires. DOES A TRIBUNAL EXCEED ITS JURISDICTION BECAUSE IT DID NOT OBSERVE THE RULES OF NATURAL JUSTICE? The rules of Natural Justice stress the importance of procedural requirements in the process of adjudication involving the determination of questions affecting the rights and obligations of individuals. Justice demands that laws should not only be reasonable, fair and liberal in content, but should be interpreted, applied and enforced fairly and liberally. The rule thrives basically on two vital maxims audi alterem patem, nemo judex in cause sua which respectively mean that the judge must hear from both parties before reaching his decision and, that no one shall be a

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