The applicant applied for correction of Errors of a Civil
Reference No. 9 of 2006 of this Court. The application was made about one year
after the Civil Reference. The respondent filed a preliminary objection
contending that the application was incompetent for being time barred. The
Applicant submitted that the application was not time barred because rule 40(1)
does not fix time but provides that the application can be lodged “at any time”
after the reference. The Court considered the effect of the phrase “at any
time” used in rule 40(1) of the Court of Appeal Rules, 1979.