The Minister for Justice and Constitutional Affairs made an order refusing the applicant’s application. They then later applied to the court for extension of time to file in court an application for orders of Certiorari and Mandamus. The Respondents raised a preliminary objection to this application. The objection consisted of two grounds: that the application had been filed hopelessly out of time and the application was incompetent because the court has not been properly moved.
They argued that because the period of limitation for filing an application for extension of time to institute an application for prerogative orders was neither provided for in the Law of Limitation Act [Cap 89 R.E. 2002], nor in any other statute, the applicable provision was item 21 of the First Schedule to the Law of Limitation Act which provided for a limitation period for applications whose period of limitation was not stated in the said Act or any other written law to be 60 days. The Applicant however submitted that the applicable law as regard institution of an application for extension of time to file an application for certiorari and mandamus was the Crown Office Rules, 1906 which provide for 6 months’ period of limitation in instituting such an application.