Having obtained leave of this court to file the present
application for leave to apply for judicial review out of time, the applicants
filed this application under the appropriate provisions of the law. The
application was opposed by a counter-affidavit and statement in reply of the
first and second Respondent. There was also a notice of preliminary objection.
The only point argued was to the effect that the applicants did not have cause
of action against the first and second Respondents. In the course of arguing
this point the counsel for the first and second Respondent ingeniously
canvassed on the issue whether the matter at stake could properly be dealt with
by way of judicial review as opposed to appealing to this court presided over
by a full bench.