Section 167: Constitutional redress for breach of right to fair hearing—The plaintiff,

167. Constitutional redress for breach of right to fair hearing—The plaintiff, by way of plaint with summons, sought constitutional relief under section 17 of the Constitution. He claimed that the trial was not fair because the defendant was allowed to adduce the evidence of a late police officer. The defendant raised a plea in limine for the plaint to be set aside because it had been entered outside the 3 months time limit without good cause. HELD an action based on alleged infringement of constitutional rights must be acted upon within 3 months. However, the rule is not an inflexible one and an action lodged after the prescribed period will not be foreclosed where good cause for the delay can be shown and leave of the Supreme Court is obtained. The “good cause” must relate to the time limit which has not been adhered to and not to the alleged merit of the application. De Boucherville v DPP (2002).