Chapter 6

1. Types of remedies
a) Declaration
b) Certiorari
c) Prohibition
d) Mandamus
e) Injunction
f) Qua Warranto
g) Habeas Corpus
h) Damages

Declaration
1. States the rights of the affected party.

2. No coercive force nor does it quash any decision which may have been
taken by admin body.

3. Although such remedy is not enforceable per se, it can be used with
other remedies if successful. It may effectively undermine the
enforceability of an administrative act. For example, an order of the
Minister which was declared as invalid cannot be enforced legally.

Certiorari
1. Latin word ‘Certiorare’ meaning to inform.

2. It is a decision by the higher Court to hear an appeal from a lower court

to quash a decision of a judicial or quasi-judicial authority with the
intention of restraining any ultra vires exercise of powers.

3. It is issued when a body has infringed norms of natural justice, or acts

under an invalid law, or commits errors of jurisdiction, or there is an
error of law, or where decision is based on findings of fact for which
there is no legal evidence in support.

Prohibition
1. Extraordinary prerogative writ of a preventive nature. The underlying
principle is that ‘prevention is better than cure .’

2. A prospective order to quash a decision which is going to be made

 3. Once the action has been carried out then prohibition is too late and
certiorari is required.

Mandamus
1. It commands the performance of a particular actor duty mandated by
law.

2. It is enforced to ensure that the public duties are performed by the

public authorities.

Injunction
1. Mainly to stop the decision from taking effect.

2. Types of injunction:
a) Perpetual injunction
b) Interlocutory injunction
c) Prohibitory injunction
d) Mandatory injunction

Qua Warranto
1. Means “by what warrant or authority”.

2. Only when someone has taken/usurped the office of another, the order
seeks to look for a reason which justifies the taking of such an office.

3. It is issued to restrain the authority or candidate from discharging the

functions of public office.

Habeas Corpus
1. Issued to secure release on illegal detention of a person.

2. Very common if an individual's right is infringed under Article 5 of the

Federal Constitution and a right for a habeas corpus to be requested
under Article 7.

Damages
1. Order 53, r 5 of ROC
When remedy can be refused
1. Fault- due to delay on the part of the applicant or due to the conduct of
the claimant.

2. There was no error in the decision making process.

3. If an ouster clause prevents the review.

4. Policy consideration.