Maginona v. Commissioner For National Housing and Others – sllr 1997 volume 3 page 131

In the case between Maginona (original appellant, later represented by his widow and children) and the Commissioner for National Housing and Others, the court addressed whether the subject premises qualified as a “house” under the Ceiling on Housing Property Law, examined the validity of the Board of Review’s order setting aside the Commissioner’s vesting of the property, and considered whether locus standi and prosecution under Section 8(4) were requisite for certiorari and penal vesting. It was held that the Board of Review’s determination was inconsistent with substantial documentary evidence confirming the dwelling status, that the appellant had sufficient interest to seek relief, and that prosecution was not a mandatory precondition to vesting. This decision reaffirmed the principle t