This was an application for judicial review of the decisions by the registrar of political parties, the 1st respondent, to invalidate the Annual General Meeting of the applicant, the Democratic Party, and to interfere with the internal affairs of the party.
The applicant argued that the 1st respondent lacked authority to invalidate the meeting and was irrational in doing so. The court found that the 1st respondent was empowered to consider the propriety of the applicant’s meeting. The court also noted that the said meeting was not conducted in accordance with procedures provided for under the applicant’s Constitution and its rules. However, the court found that the 1st respondent acted in excess of their power when they invalidated the meeting based on the allegations of complaints received from individuals, which were not firmly established by a procedure that ensured justice for all. Further, the court found the decision of the respondents to be unreasonable for considering matters which ought not to have been considered and ignored matters which ought to have been considered
Having established, on a balance of probabilities, the two grounds of the application, the court could thus exercise its discretion to grant an order of certiorari. The order of certiorari quashed the decision to invalidate the Annual General Meeting of the Democratic Party and the other decisions.
