G. During, by his brother and next friend C. D. H. During v Sierra Leone Railway (4 of 1925) [1925] SLSC 4 (19 November 1925)


Administrative Law - public authorities - Sierra Leone Railway - rules
made under statutory authority must be reasonable otherwise ultra vires
and unenforceable: A public body which has statutory authority to make
rules does not thereby have authority to lay down unreasonable rules;
the question whether or not a rule is reasonable is to be determined by
the courts and if they find that rules are unreasonable, such as those laid
down by the Sierra Leone Railway which relieve the company of its
contractual obligation to carry a season ticket holder if he is unable to
produce his ticket, and provide that a season ticket holder who cannot
produce his ticket is liable to pay a penalty in addition to the ordinary
fare for his journey, they will declare such rules ultra vires and
unenforceable (page 131, line 9-page 132, line 2).

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