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…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…Let it also be borne in mind, what the limits of the application were. Section 28(1) of the Act (cap 22) permits an ex parte application to be made.…

…Sec. 28(2) provides: “(2) Where such an application is made before the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates; if, but only if, on…

…has an oversight jurisdiction over the exercise of the Attorney General’s power to terminate criminal prosecutions. (6) The Attorney General’s exercise of discretion to terminate proceedings can only be challenged by an application…

…The private prosecutor will be required to first make an application before the High Court challenging the exercise of the Attorney General discretion. (10) The Constitution section 26 (8) guarantees the Independence of the…

…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…

…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…

…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…

…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…

…That, unfortunately, is not an end of the matter because there remains the vexed question of the motor vehicle KWL 653, which was the subject of an application by the republic before the Chief Justice on February 17, 1986…

…AFC maintained that the plaintiff, that is, the appellant, was its “loanee”, that the appellant was in default and that the AFC was fully justified in seizing the pick-up, and (in the Notice of Objection to the injunction application…