QUASHIE-SAM J.: The applicant applied by motion ex parte for leave to issue a writ of certiorari to quash the conviction and sentence by the District Magistrate, Grade I, Bekwai; the motion was accompanied by the applicant’s supporting affidavit. Leave ex parte was granted by this court on 14 February 1980. When the hearing on notice of motion came on 3 March 1980 counsel for the applicant informed the court that a statement which should have accompanied the application at the ex parte stage for leave, and which was omitted by error, had been filed that morning to regularise the application. He referred to Order 59, r. 2 (2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), which required that such a statement shall accompany the application and invited the court to invoke the provisions of Order 70 of the same rules in order to put his house in order.
Counsel for the respondent opposed this invitation and called upon the court to dismiss the application in limine, on the gr…