Ultra vires

Sierra Leone — Court of Appeal · 1961

Principle established: The court has jurisdiction to review an acting Governor's statutory recognition powers, and statutory power to recognise 'any person' as tribal headman is limited to persons belonging to that specific tribe.

Sierra Leone — Court of Appeal · 1961

Principle established: The court has jurisdiction to determine whether the Governor acted within statutory powers, and statutory authority to recognise a tribal headman extends only to members of that specific tribe.

Sierra Leone — Supreme Court · 1962

Principle established: Electoral returning officers exceed their jurisdiction by inquiring into the validity of a nominator's consent, and a nominator has no legal power to withdraw an already submitted nomination.

Sierra Leone — Supreme Court · 1962

Principle established: Returning officers lack jurisdiction to investigate the circumstances of a nominator's consent or permit a nominator to withdraw a nomination once submitted.

United Kingdom · 1947

Principle established: A court may quash a public authority's decision if it is so unreasonable that no reasonable authority could have ever come to it.

Sierra Leone — African Law Reports · 1964-66

Principle established: Notice terminating the appointment of a judicial officer cannot be backdated and takes effect only on or after the date it is actually given.

Sierra Leone — African Law Reports · 1950-56

Principle established: An instrument appointing a Deputy Governor that confers authority in wide terms to exercise all powers vested in the Governor satisfies the constitutional requirement that such powers be specified.

Sierra Leone — Supreme Court · 1963

Principle established: Under section 6(2) of the Fisheries Act, a licensing officer has the statutory power to impose conditions that restrict a licensee's right of navigation.

Sierra Leone — African Law Reports · 1920-36

Principle established: Rules made by public authorities under statutory powers must be reasonable, otherwise they are ultra vires and unenforceable.

Sierra Leone — Court of Appeal · 1959

Principle established: A deputy judge lacks statutory jurisdiction to make disciplinary orders against a legal practitioner where such authority is not conferred by the Supreme Court Ordinance.

Sierra Leone — Court of Appeal · 2014

Principle established: A professional institute established by statute can only admit persons to categories of membership specifically provided for in its governing legislation.

Sierra Leone — African Law Reports · 1972-73

Principle established: Courts lack jurisdiction to review the factual grounds upon which the executive exercises statutory discretionary power to detain a person where the statute empowers detention if the authority is subjective satisfied.

Sierra Leone — Court of Appeal · 1953

Principle established: The superior court has inherent jurisdiction to stay or dismiss an action that must inevitably fail, and general enabling statutory words in an Order in Council are not strictly restricted by ejusdem generis.

Sierra Leone — Court of Appeal · 2015

Principle established: Statutory authorities must act within their legal powers when detaining property and cannot exercise powers of detention reserved for the courts without specific legislative authorization.

Sierra Leone — Supreme Court · 1963

Principle established: Section 6(2) of the Fisheries Act empowers a licensing officer to lawfully restrict a licensee's right of navigation under the conditions of a fishing licence.