Certiorari

"On appeal to the Court of Appeal, the referred to Order 37 rule3 (5) of the Anambra State High Rules which is ipssissima verba with Order 43 rule 3(6) of the Cross River High Court (Civil Procedure) Rules and observed that an applicant seeking an order for leave to apply for certiorari to quash any judgment, order, conviction or other proceedings of a Court or tribunal cannot bring the application within the period allowed for appealing against that decision, order or conviction. If such an application was brought, then the court may adjourn the application for leave until the appeal is determined or the time for appealing has expired. This decision is consistent with the decision in the case of In Re Umuolu Village Group Ex parte Macaulay 20 NLR 111 at 113 in which it was held that where there is a right of appeal from the decision of the that made the order, a party who is dissatisfied with the order may nevertheless apply for a writ of certiorari instead of appealing but he cannot do so until the statutory time for appealing has elapsed."