[1960]DLCA133 • April 1, 1960 • Court of Appeal
COMMISSIONER OF POLICE vs. IGHAGHARA
The case concerns an appeal by the Commissioner of Police against Ighaghara. The appellant's appeal was initially dismissed summarily by a judge in chambers without sitting in court, on the basis that the period of limitation for filing the appeal had elapsed. The appellant was in custody and faced difficulties accessing the necessary forms to file the appeal promptly.
read moreJUDGMENT OF GRANVILLE SHARP J.A. Granville Sharp, J.A. delivered the judgment of the court. (His lordship stated the facts and continued.) For the purpose of this appeal we regard this minute of the judge in chambers as a decision dismissing the appeal summarily. We therefore entertained the appellant’s appeal as properly before us, in order to have the opportunity to point out that a judge has no power in his executive capacity (that is to say, without sitting in court) to consider whether or not there is any cause which may permit the court to admit an appeal, though the period of limitation prescribed by law has elapsed. We think that a decision on such a question is a judicial decision and not an executive one; the judge therefore erred in what he did. It must be borne in mind that an intending appellant in custody does not enjoy full or easy access to the forms necessary for his petition, and it not infrequently happens that there is some delay between the time when he app.....