Gamhewa v. Maggie Nona and Another – sllr 1989 volume 2 page 250

In the case between Gamhewa (Plaintiff) and Maggie Nona and Another (Defendants), the court addressed whether Regulation 13(3) of the relevant Regulations, which purported to allow an appeal to the Court of Appeal, fell within the scope of the Minister’s statutory powers under the Agrarian Services Act No. 58 of 1979 or was ultra vires. The sequence of events involved Gamhewa losing his registration as the owner cultivator of a paddy field to Maggie Nona, his subsequent out-of-time appeal to the Commissioner failing, and his invocation of the appellate provision in Regulation 13(3). It was held that the regulation was ultra vires because the Act did not empower the Minister to legislate for appeals to the Court of Appeal, with appeals statutorily provided only to the Commissioner and speci