Dominic vs. Minister of Lands and Others – sllr 2010 volume 2 page 398

In Dominic v. Minister of Lands and Others, the court addressed whether the omission of necessary parties in a writ application for certiorari and mandamus is fatal to the application. It was held that the failure to join parties who would be adversely affected by the court’s order—such as ICC Housing Private Limited, Ocean View Development Company (Pvt) Ltd, and the National Housing Development Authority—renders the application fatally defective. The principle reaffirmed is that the absence of necessary parties precludes the court from granting effective relief. This determination relied on multiple precedents and emphasized that any order adversely affecting absent parties cannot be made. The application was accordingly dismissed without costs, underscoring the critical procedural requir

REF: sllr 2010 volume 2 page 398 Category: Tag:
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