Declaration:
• This is a high court order which authoritatively articulates the legal position of the matter before the court for example and a declaration of a persons individual rights.
• The order is incapable of being executed.
Prohibition:
• This is an order directed to usurpers forbidding them from commencing or proceeding in a cause pending before them.
• It is ordinarily made in circumstances in which a court tribunal or official has no jurisdiction to proceed in a particular manner e.g. improper constitution, non-compliance with an essential preliminary requirement.
• The order prevents a court of tribunal from exceeding or continuing to exceed its jurisdiction or infringing the rules of natural justice.
• Disobedience is punishable by contempt of court.
Certiorari:
• This is an order of the high court to a subordinate court, tribunal or authority requiring it to produce a certified copy of a particular case for review and if found inappropriate the decision is quashed.
• The order enables the high court to examine proceedings in other bodies to determine whether there have been any irregularities and may be made where a court, tribunal or authority has:
o Exceeded jurisdiction
o Violated the rules of natural justice.
o An error on the face of the record.
Mandamus:
This is an order of the High Court directed to any person corporation or court requiring the same to do a particular thing appertaining to a public office or duty if the same has been refused by the official or public authority. It secures performance by tribunals, courts, public officials and administrative authorities.
Habeas Corpus:
• Literally means produce body.
• This is an order of the high court directed to a detaining authority demanding the production of the body of the detainee, before the court to show cause why he should not be released forthwith.
• It tests the legality of the detention or imprisonment.
• Its function is to secure the release of a person in unlawful custody.
• It is generally availed in circumstances in which a persons right of personal liberty is violated.
