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The High Court held that the leave application for judicial review was filed after the 60-day limit under the Mining Act and dismissed it as time-barred.
The application seeks leave to challenge the same PPAA decision previously confirmed by the Court in Misc. Civil Cause No.104 of 2021, making the matter res-judicata and rendering the Court functus officio; entertaining the application would reopen a settled decision and constitute an abuse of process.
Source excerpt
Leave to apply for prerogative orders was wrongly granted as the appellants failed to provide the decision, charge, and proceedings of the RPC, making it impossible to establish a prima facie case for judicial review; consequently, the substantive application was incompetent and should have been struck out, not dismissed.
Source excerpt
The High Court overruled a preliminary objection, holding that citing section 2(3) of the Judicature and Application of Laws Act sufficiently moved the court for leave to seek prerogative orders.
The Court of Appeal held that the High Court wrongly considered the merits of a judicial review application at the leave stage and remitted the matter.
The High Court struck out an application for leave to seek certiorari and mandamus, holding that necessary parties were not joined and the respondent was a private company.
The High Court dismissed a preliminary objection, holding that the leave application for certiorari and mandamus was filed within six months and that res judicata was premature.
The High Court dismissed a preliminary objection, holding that the leave application for certiorari and mandamus was filed within six months and that res judicata was premature.
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