In the matter of Appeals Nos. In the Matter of An Application by the applicants for leave to apply for orders of certiorari and prohibition.
Is the form of title to the appeal as adopted by the Attorney General in this matter defective or irregular? An application for such leave as aforesaid shall be made ex parte to a judge in chambers, and shall be accompanied by a statement setting out the name and description of the applicant, the relief sought, and the grounds on which it is sought, and by affidavits verifying the facts relied on.
The grant of leave under this rule to apply for an order of prohibition or an order of certiorari shall, if the judge so directs, operate as a stay of the proceedings in question until the determination of the application, or until the judge orders otherwise. Unless the case is an obvious one, such as where an order of certiorari is being sought and it is clear to the court that the decision sought to be quashed was made more than six months prior to the application coming to court and there is, therefore, no prospects at all of success, the court would discourage practitioners from routinely following the grant of leave with application to set aside.
Fortunately such applications are rare and like the Judges in the United Kingdom, the court would also point out that the mere fact that an applicant may in the end have great difficulties in proving his case is no basis for setting aside leave already granted.
It is however not appropriate to compel a public body to act⦠A stay order framed in such a way as to compel the Respondents to reinstate the applicant before hearing the Respondent cannot be granted.
