Francois J. This is an application for leave to issue a writ of mandamus to compel the Peki Traditional Council to hear and determine a suit pending before it.
When learned counsel for the applicant began his argument, I pointed out that his papers were not in order. Learned Counsel however insisted that they were and urged the application. I have had to consider the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 59, r. 2 (2) which reads as follows:
"(2) An application for such leave as aforesaid shall be made ex parte to the Court, except in vacation when it may be made 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 emphasis is mine.)
The applicant in my view has not complied with this mandatory requirement by embodying a statement in his motion paper. The practice has always be…