ABSTRACT

Fraud, or the procuring of a decision by fraudulent evidence, has been recognised in the region, as in England, as a ground of judicial review. In R v Customary Land Appeal Court (Western) ex p Pitakaka,82 a decision of a Customary Land Appeal Court awarding land to a man was quashed by certiorari because a witness called by the man claimed that his father was dead and that he would give evidence on behalf of his deceased father, but, in fact, it was later established that the father was alive.