Explain the conditions necessary for the remedy of “mandamus” to apply
Conditions necessary for the remedy of “mandamus” to apply
Mandamus: It is “the command”. It is granted by the High Court to a person or organ exercising a public duty and requires such a person to do that which is expected by law. E.g. it may be granted against a licensing officer or registrar of persons ordering him to justify his failure to issue relevant documentation to a qualified applicant. *
Where the officer fails to justify his action, he shall be ordered to prepare and present the necessary documents. The aggrieved may thereafter sue for compensation.
- The plaintiff must prove that he incurred some financial loss as result of the delays by the defendant.
- The plaintiff must have been eligible for such considerations and thus no cause that warrants any delays.
- That the delay by the defendant was intentional and unnecessary.