The Appellants application for prerogative orders of certiorari and mandamus was called for hearing and, the same was unopposed by the Respondents. The court granted the orders as prayed and applicant was ordered to file his application for certiorari and mandamus within 14 days. However, the Appellant failed to do so. Later, the Respondents filed a preliminary points of objection that the application was time barred and that the affidavit was defective for containing argumentative statements contrary to Order XIX rule 3 of the Civil Procedure Code. The presiding Judge upheld the objection and, accordingly, dismissed the application with costs.
The Appellant was aggrieved and sought to impugn the decision of the High Court. He argued that the court failed to consider the time spent by the Appellant in securing the order which granted him time to file the Application. He also stated the court should have struck out the offensive paragraphs and retained the remaining paragraphs.