Writ of Prohibition

A writ of prohibition is a court order issued by a higher court to a lower court or tribunal to prevent it from acting beyond its jurisdiction or from usurping a jurisdiction it does not possess. This writ mandates the inferior court to cease any action over a case that may not fall within its jurisdiction. It can also be issued when the lower court is acting outside the normal rules and procedures in the examination of a case or is headed towards defeating a legal right. The basis for issuing the writ commonly includes want or excess of jurisdiction, breach of natural justice, or other similar grounds.

Reply to this note

Please Login to reply.

Discussion

No replies yet.