CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

nor in technicalities. These should all aid and not
defeat justice."
Having thus reviewed the submissions of learned
counsel on the issue, the learned trial judge cameto
the conclusion that:
In the circumstances of the facts stated above, I do
not think that it was unreasonable for the Applicant
to have waited for so long before bringing the
application.
In the interest of justice therefore, I grant the
Applicant an extension of time to bring this
application. I order that the motion Ex-parte for
leave to apply for certiorari filed on 12/10/2000 isto
be deemed to have been filed within time.
In my view, having considered the circumstances
surrounding this case as a whole, the granting of
extension of time by the learned trial judge, suo
motu, to the Respondent to file the application and
for deeming the motion ex-parte for leave to apply
for certiorari as having been filed within time, is
neither novel nor irregular. It is my view that,
considering the extent of the frustration to which
the Respondent had been subjected by the
appellants in the lawful pursuit of justice.I can not
but commend the learned trial judge forhaving
exercised his discretionary power as he did,in
favour of the Respondent. As the supreme had
stated in WORA'S case (supra).
Surely, this discretion, which the learned Chief
Judge undoubtedly has in that matter, must be
exercised judiciously, bearing in mind that it is
the duty of the court when ever possible not onlyto
minimize the cost of litigation but also to see to
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