Civil Procedure

Civil Procedure A satisfied Microsoft Office User Normal A satisfied Microsoft Office User 3 2 2002-01-10T10:16:00Z 2002-01-10T10:26:00Z 1 108 617 sc 5 1 757 9.2720 120

TABLE 6

DIFFERENCES BETWEEN CERTIORARI, PROHIBITION AND MANDAMUS

CERTIORARI

PROHIBITION

MANDAMUS

1. Purpose of the writ

To annul or modify an act performed by respondent

To prevent commission or carrying out the act

Compel the performance or act desired

2. Act sought to be controlled

Judicial or quasi-judicial functions

Judicial, quasi-judicial or ministerial functions

Legal duty

3. Respondent

Persons exercising judicial or quasi-judicial functions

Persons exercising judicial, quasi-judicial and ministerial functions

Persons having legal duty

4. Nature of the remedy

Corrective remedy and refers to acts already consummated

Preventive remedy and refers to acts still to be done

Directory remedy commanding a person to do a legal duty