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The High Court granted leave for a former police officer to seek certiorari and mandamus challenging his dismissal, finding an arguable case and no alternative remedy.
The application was filed beyond the statutory six-month limitation period, and the initial electronic filing was invalid due to procedural rejection. No extension of time was sought. The court therefore lacks jurisdiction and must dismiss the application as time-barred.
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The commanding officer failed to enter punishment as required by law before the Applicants appealed to the Inspector General of Police. The Inspector General's decision to dismiss was illegal as it was issued without proper procedural foundation. The Applicants were not supplied with inquiry proceedings prior to filing the application, violating principles of natural justice and procedural fairness. The impugned dismissal decision is quashed for procedural illegality.
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The application is time-barred as the decision challenged was issued on 31/05/2019 and the application was not filed within six months from that date. The applicant should have sought extension of time due to technical delay, but did not. Remedy is dismissal under section 3 of Cap 89.
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The applicant demonstrated sufficient interest, an arguable case regarding denial of the right to be heard, and compliance with the limitation period due to a granted extension; thus, leave to apply for judicial review is warranted.
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Applicant has shown reasonable cause for extension of time due to technical delay in filing at wrong registry and prompt action upon notification. Delay is negligible and not inordinate. No apparent illegality established on the face of the record regarding disciplinary proceedings. Extension of time granted.
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The applicant demonstrated sufficient interest, raised an arguable case regarding denial of natural justice, and filed the application within the prescribed period; thus, the legal threshold for granting leave was met.
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The High Court lacks jurisdiction to entertain an application for extension of time after it has already dismissed a previous application for being time barred under section 3(1) of the Law of Limitation Act; the proper remedy is review, appeal, or revision, not re-application before the same court.
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The High Court granted leave to apply for judicial review over a police officer’s dismissal, finding an arguable case, timeliness, and sufficient interest.
The applicant demonstrated arguable issues for judicial review, sufficient interest as the aggrieved party, and filed the application within the prescribed six-month period. Leave to apply for judicial review is therefore granted.
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