This conventional paper is set to advise David Phiri for the best possible action to take in relation to redress in the courts of Law. In due course, this paper will attempt to demonstrate how come the said action is a good under the prevailing circumstances. This kind of paper will likely employ relevant legislation and authorities and draw a conclusion to elucidate this fact. POWER OVER ADMINISTRATIVE ACTIVITIES
To fully advise John, it is important to note that administrative activities emanate from public specialists. Control of these kinds of public government bodies relates to the method of purchase of power exercised, the source of such power as well as if such electricity ought to be practiced pursuant into a particular treatment. It is obvious to note the fact that power showcased from the facts of the case available is that of the Commissioner of Lands, an office created simply by statute, with powers approved and discussed in relation to method of exercise. Pertaining to control, usually the prescribing statute alone does offer administrative components of control in addition to methods of redress to the process of law of Legislation. This position is well illustrated in the case of New Plast Companies V The Commissioner of Lands and The Attorney-General, where it was placed that the function of start of any kind of action is generally provided by the relevant statute. In essence the courtroom was with the view that where a statute provides for the procedure of starting an action, a party has no choice but to abide by it. It truly is safe as well to believe from the foregoing authority that where a statute provides for an indoor procedure, since it were, for dispute resolution, that said treatment must be fatigued before further redress can be sought. Thus, various statutes as in the case at hand find the money for institutions and mechanisms to supervise the administration, and ensure that all administrative agencies and officers operate within the rules. The question which needs to be expounded is under which in turn statute the Commissioner of Lands purports to workout his power in light of the facts of the case at hand. The answer to this issue will invariably affect the most effective action to take against the decision from the Commissioner of Lands to cancel Ruben Phiri's title to the lot in question and give it to Musonda Mpela. Prima facie evidence shows that matters associated with land, in particular those on title fall inside the ambit of the Lands Work Cap 184 of the Laws of Zambia and the Countries and Actions Registry Take action Cap 185 of the Laws of Zambia and that these statutes themselves provide for inner checks of administrative function. ADMINISTRATIVE IS OF INTEREST TRIBUNALS
It is vital to note the Lands Act establishes a Lands Conseil, an development for the settlement of disputes. The tribunal was made as a forum for rapid adjudication of land differences as well as a method of reducing the price tag on litigation in land things. It is of cardinal importance to mention that administrative tribunals, like the Lands Tribunal will be advantageous in relation to settling virtually any question of authority emanating from a specific statute due to speed, cheapness, informality and in particular - competence. Further, for most if not every tribunals, the hearings are informal and no hard and fast requirement to observe the rules of evidence as the case in formal courtroom proceedings. This view is aptly illustrated in the case of May possibly Vijaygiri Goswami V Doctor Mohamed Anwar Essa And Commissioner Of Lands, where question came about as to the extent the rules of evidence placed on the Gets Tribunal. The court was of the view that the Countries Tribunal is definitely not fettered by legalistic technicalities in fact it is expected to carry out justice to the parties for the case while found after it has determined its request. Having founded that, it is crucial to company just which matters can be brought before the Lands Tribunal, in effect determining its legal system. The legislation of the...
Bibliography: Craig, G. P. Administrative Law (Sweet & Maxwell, Fifth Copy 2006)
Wade, H. W. R. Management Law (6th ed, Oxford University Press, 1998)
GUIDELINES REFERRED TO
Rules of the Supreme Court of England (1999 Edition).
New Plast Companies V The Commissioner of Lands and The Attorney-General - SCZ Judgment No . almost 8 of 2001
R Sixth is v Bolton Justice, ex lado Scally and also other applications (1991) 2 Most ER 619
R V Inland Earnings Commissioners, ex girlfriend or boyfriend parte Preston (1984) several All ER 625
Saul Kureba Sixth is v Ganizani Goma and The Attorney General (1995) S. J
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