JUDGMENT OF CHARLES J.
This is an application by way of motion in which the plaintiff applicant applies for enlargement of time in which to apply for an order of certiorari and for leave to apply for an order of certiorari to quash:
(a) the proceedings and judgment of the Shama State Council dated the 19th April, 1958, and the 13th May, 1958 in a suit intituled "Kwesi Eku alias Chief Condua III Plaintiff versus Kojo Acquaah Defendant," and
(b) the decision of the Appeal Commissioner dated the 3rd of March, 1961 and/or for any further or other orders as to the Court may seem just.
The relevant grounds canvassed in support of the application for extension of time as contained in the affidavit of the applicant are as follows:
“(5) That I brought an action in the High Court at Sekondi for the determination of the dispute aforesaid, but my action was struck out by Mr. Justice Acolatse on the ground that the matter was one for the Shama State Council to determine, and that therefore the High Court had no jurisdiction in the matter. I exhibit herewith a Copy of the Order of Mr. Acolatse marked KE. 2.
(6) That I was therefore compelled by the aforesaid Order to issue out a Writ from the Shama State Council against the said Kojo Acquaah in which I sought a declaration that I was the Headman of the Fishing Community of Aboasi and therefore the proper person to collect fishing tolls.
[p.287]
(7) That the said action was heard by the Shama State Council on the 19th April, 1958 and judgment delivered on the 3rd May, 1958 by which my Claim was dismissed and Kojo Acquaah declared a Caretaker of Aboasi. I exhibit herewith a Copy of the said judgment marked KE. 3.
(8) That following the procedure laid down by the State Councils Ordinance for appeals from decisions of the State Council I lodged an appeal against the judgment of the State Council which was determined by the Appeal Commissioner on the 3rd March, 1961.
(9) That the Appeal Commissioner dismissed my appeal undoubtedly on the ground that the subject-matter was not one of a Constitutional nature, for before the appeal was actually dismissed I received a letter from the Government Agent at Sekondi in which he stated that the subject-matter of my appeal was not one of a constitutional nature. I exhibit a Copy of the said letter herewith marked KE.4.
(10) That the delay in applying for leave to apply for the Order of Certiorari to quash the decision of the Shama State Council is due to the fact that I ap
