Section 40: Judicial review

(1) The High Court may, upon application for judicial review, grant any one or more of the following reliefs in a civil or criminal matter- (a) an order of mandamus, requiring any act to be done; (b) an order of prohibition, prohibiting any proceedings or matter; (c) an order of certiorari, removing any proceedings or matter into the High Court; (d) an injunction to restrain a person from acting in any office in which he or she is not entitled to act; or (e) a declaration or injunction not being an injunction referred to in paragraph (d). (2) The court may upon any application for judicial review, in addition to or in lieu of any of the reliefs specified in subsection (1), award damages. (3) The High Court may grant an application for a declaration or an injunction under subsection (1)(e) if it considers that, having regard to- (a) the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari; (b) the nature of the persons and bodies against whom relief may be granted by way of an order referred to in paragraph (a); and (c) all the circumstances of the case, it would be just and convenient for the declaration or injunction to be granted on an application for judicial review. (4) On an application for judicial review as mentioned in subsection (1), any relief may be claimed as an alternative or in addition to any other relief so mentioned, if it arises out of or relates to or is connected with the same matter. (5) An order of mandamus, prohibition or certiorari shall not be made in any case in which the High Court is empowered by the exercise of the powers of review or revision contained in this or any other enactment, to make an order having the like effect as the order applied for or where the order applied for would be rendered unnecessary. (6) A return shall not be made to any order made under this section and no pleadings in prohibition shall be allowed, and subject to any right of appeal, the order shall be final. (7) An application for judicial review shall be made promptly and in any case within three months from the date when the ground of the application arose, unless the court has good reason for extending the period within which the application shall be made.