CONTEH v. REGEM (001) [1923] SLSC 1 (23 January 1923);

Search Summary: 

Administrative Law - habeas corpus - jurisdiction of courts - Circuit 5 Court has no jurisdiction to issue writ: The Circuit Court has no inherent or statutory jurisdiction to issue a writ of habeas corpus since the court was created by the Protectorate Courts Jurisdiction Ordinance, 1903 which conferred upon it only limited jurisdiction the terms of which must therefore be strictly complied with; the effect of s. 37 of the Ordinance is that the court has jurisdiction only in cases within the 10 terms of ss. 38 and 39, and possesses the powers and authorities of the Supreme Court only in the exercise of that limited jurisdiction (page 56, lines 31-40; page 57, lines 9-21; page 58, lines 3-17). 

 Constitutional Law - fundamental rights - protection from arbitrary detention - habeas corpus - Circuit Court has no jurisdiction to issue writ: See [ 1] above. 

 Courts - Circuit Court - jurisdiction - derived solely from statute and limited by ss. 37, 38 and 39 of Protectorate Courts Jurisdiction Ordinance, 1903 - court possesses powers of Supreme Court only in exercise of limited jurisdiction: See [1] above. 

Law Report Citation: 
1920-36 ALR S.L. 53