At Sabos Lawyers, we have been approached by several clients seeking assistance with applying for judicial review, particularly regarding the awarding of titles to parcels of land under State Lease or customary land.
This highlights a critical area of administrative law: the time limit for judicial review applications. Adhering to this time limit is pivotal to ensuring your application is considered by the courts.
Understanding Judicial Review and Its Time Frame
Judicial review is a legal process where the courts examine the decision-making process of public authorities to ensure decisions were made lawfully, fairly, and reasonably. The National Court Rules, particularly Order 16 Rule 4(2), impose a strict time limit:
“Applications must be made within four months from the date of the decision sought to be reviewed.”
This time limit primarily applies to applications seeking an order of certiorari, a remedy to quash a decision. If an application is filed beyond this period, the court exercises discretion to determine whether the delay is justifiable. The applicant must provide a reasonable explanation for the delay, and the court considers if granting relief might:
· Cause substantial hardship,
· Prejudice the rights of others, or
· Be detrimental to good administration.
Applicants must also satisfy other requirements, including demonstrating a prima facie case and exhausting all alternative remedies before seeking judicial intervention.
Why Timing Matters
Filing within the stipulated time frame is more than a procedural formality—it protects the integrity of administrative processes and ensures decisions are reviewed promptly while evidence and context remain fresh. Delays not only weaken the applicant’s case but also burden the judicial system, potentially causing inequities.
How We Can Help
Navigating the judicial review process can be complex, but our team at Sabos Lawyers is here to guide you every step of the way. From ensuring timely filing to building a robust case based on precedents and statutory requirements, we prioritize your success.
If you are considering challenging a decision via judicial review, contact us promptly to ensure compliance with all legal requirements, especially the critical time limits.
