ANTHONY AND ANOTHER vs. BANNING

APATU-PLANGE AG. J. This is an application for an order for a writ of attachment of Mr. E. K. Banning, superintendent of police for contempt of court. Before the hearing, counsel for the respondent took a preliminary objection to the application on the grounds that it did not comply with the requirement of Order 59, r. 3 (3) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). Now this order reads as follows: “The applicant shall give notice of the application for leave not later than the preceding day to the Registry and shall at the same time lodge in the said Registry copies of the statement and affidavits.” Now did the applicant give the said day’s notice to the registry of the application for the leave being sought? Looking at the application and its accompanying statement and affidavit, they were all filed on 21 July 1975 at 8.30 a.m. It was clear then that no such notice was given. Counsel for the applicants however in his reply submitted that the said leave w...