Despite the lack of modern English authority applying the doctrine, it was still part of the English common law, that the acts of a de facto officer were validated. The de facto officer must have some basis for his assumption of office, variously expressed as ‘colourable title’ or ‘colourable authority’. The President declined to recognise a divorce decree granted in Rhodesia by a Judge who had been appointed under the Constitution adopted in 1965 after the Unilateral Declaration of Independence. The case did not fall within the de facto doctrine ‘even so widely stated’ as in State v Carroll because the circumstances of his appointment which made it invalid in the eyes of English law were very well known, indeed notorious. The President could find no trace of its ever being applied during a rebellion to accord recognition to the judicial or official acts or under a usurping power.
Judges:
Sir Jocelyn Simon P
Citations:
[1971] P 188
Jurisdiction:
England and Wales
Cited by:
Cited – Fawdry and Co (A Firm) v Murfitt CA 14-May-2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 28 April 2022; Ref: scu.180989