Slide 17- Reviews

Question 1

What are reviews?

Answer 1

The process whereby proceedings of lower courts, tribunals, quasi-judicial bodies, administrative bodies, in both civil and criminal are brought before the HC in respect of irregularities occurring during the course of proceedings.

Question 2

Can one review High Court proceedings?

Answer 2

There are no provisions for the proceedings of the HC to be reviewed. If there are great irregularities, one may include this in their appeal.

Question 3

What are the ground for reviews set out in section 22 of Superior Courts Act?
hint: why would one apply for review?

Answer 3

1. Absence of jurisdiction of the court to hear that matter
2. interest in the cause, bias, malice or corruption on the part of presiding officer
3. Gross irregularity in the proceedings (a court making an order against a party without affording the party an opportunity to present it’s case)
4. the admission of inadmissible evidence or incompetent evidence or the rejection of admissible evidence

Question 4

What is the procedure for a review?

Answer 4

According to rule 53, a review may be brought by a notice of motion directed and delivered to the presiding Magistrate as well as other affected parties.
The notice of motion, which sets out the decision/proceedings sought to be reviewed & should be supported by an affidavit, which sets down the grounds on which the review is based and facts upon which applicant relies.

Question 5

What possible decisions could a review court have?

Answer 5

if applicant is successful, the court will usually set aside the proceedings and refer to the court of first instance for reconsideration.
2. Impose its own decision in the place of an inferior court’s decision. The guidelines for this are, when the end results are foregone conclusion, when delaying the matter further will cause unjustified prejudice to the applicant, where the degree of bias or incompetence is so great that referring the matter to the same court would be unfair.

Question 6

Can one get an urgent review?

Answer 6

Yes, urgent reviews are possible with interim relief.

Question 7

What are the contents of the review motion?

Answer 7

1. Call upon the respondents to show cause why decision or proceedings should not be reviewed, corrected or set aside.
2. Call upon the magistrate who was presiding to dispatch to the registrar the record of proceedings with reasons that he may be required to provide or desires to give and notify the applicant that he has done so.