Winifred E. Harris v Roxy J. Harris (MISC APP 1 of 1977) [1978] SLSC 3 (31 January 1978)

L a IN fiw SUPRELE COURT OF SLERRA L201 ih i sup.cr.misc,apr, 1/77 Nh : Leryren il a 4 WItPRED &. WARS - APPELLANT, Tee AND ise a Bes | roxy J. WAIGUS - RwSPONDENT ‘ha : ie q eed j RULING a 4 3 se | on 19th December, 1977 the Court of Appeal refused ‘i a the applicant herein leave to appeal to the Supreme Court hes } agaiust an order of the Court of Appeal dated 12th July, ‘is 4 1977 dismissing the applicant's appeal against an order Als F of the High Court dated 4th May, 1976., By Notice of 18 J Notion dated 2ist December, 1977 the applicant has applied life 4 to this Court fur Special leave to appeal to tho Supreme hes court. Hd | Learned Counsel for the applicant raised the i 4 following questions of law, whieh he submitted ought | bee . to be submitted to the Supreme Court for determinationt— Bs | \ ee |

(4) Whether Section 56(1)(v) of the Courts Act, |g 7 No. 31 of 1965, fetters in any way or contains any | ke pre-condition for the exercise of the discretion | i q of a Judge of the High Court in granting leave to | By P an appliecnt to appeal against his interLoéubery Hed 4 Order. If there is no such fetter, and if there a4 js no pre-condition imposed by the said sub-section ae . E before granting leave, EN TIE ABSEYCE OF AN APPOXL, "ps 4 HAS Hie Gomcr CP SPPiaL any jurisdiction to eall in bY qnostion the exersise of the Judge's diseretion in fe pranting leave to appeal? ‘fe F (ii) Where the Kigh Court or a Judge thereof hes Pe | uranted Leave to appeal pursuant to an application iB 4 made ‘by an aggrieved party by virtue of Section 56 ip (1)(v) of Ine onrts Act, and the Order drawn upy ee } perfectud, Chled ane acted upon, UN THE ABSENCE OF ae x AN ALPOAL AGALSST SUSI AY CKNEN, has the Court of [fs i Appeal any Juriadietion to dnqukre into the vortad tye 4 or otherwise of the said Order and refuse to assume fl jurisdiction and hear the appeal? i (iii) Where the High Court or a Judge thereof in Res “< I gronting leave te an applicant to appeal against iE his own ruling, and dn doing se, acted vithin the [Re powers conferred upon him by section 56(1)(b) of We iW the hurts Act, 1963, and moseover did nothing Hee ? Aiveetiy contrary to Rule 10 of the, Court of Appeat | fig

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i a n i : Be ty taken away from him by the said Rule 10 or any e Be: other enactment, is the Order granting such leave to A a appeal void so as to deprive Lhe Conrt of Appeal of ES = “aq any jurisdiction to entertain the appeal? If not as a oes has the Court of Appeal any right to ignore the «| Ba

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