Winifred Harris v Roxy Harris (SC MISC APP 1 of 1977) [1977] SLSC 3 (19 December 1977)

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on 19th December, 1977 the Court of Appeal refused 4 Saat

j the applicant herein leave to appeal to the Supreme Court ie } apaiust an order of the Court of Appoal dated 12th Jury, ee q 1077 diswissing the applicant's appeal against en order ie of the High Court dated 4th May, 1976., By Notice of Ae

Notion dated 21st Vecember,1977 the applicant has app) tea i PM

: to this Court fur Speclal Jeave to appeal to tho Supreme ie Court. Be

4 Learned Counsel Cor the appiicant raised the 1 KS i following questions of law, whieh he submitted gucht : he i to be submitted to the Supreme Court for duterminationt= | ES

(4) Whether Section 56(1)(v) of the Courts Acts | ea i Ho. 31 of 1965, Fetters in any way or cvnteins any | @ i preccondition for the excretse of Lhe diseretion : re | of a Jape of the High Court in granting leave to} i an applicsnt to appeal against his interlocubary | fe i Order, If there is no such ferter, ant if theve + BS ! is no pre-condition imposed by the said sub-section | G before granting leave, iN Tb ABSEICe Ce AW APD AL, | Ra

i HAS Hh. colar CP i Pak any juvisdietion to call a + | quoation the exercise af the Judgets dtseretion dn | nik ! granting leave ta sppeal? i Me 4 (ii) Nherxe the bigh Court or a Judge thereof hes a 1 Granted Leave bo appeal pursuant to an applicattor he f mane by an aggrieved party by virtue of Section 56 [RR (1)(b) of the Gonrts Ack, and the Order drawn ups Bea

perfected, Phled au acted upon, EN tHE ABSSice or | ie

» AN wth AGLLGAT SUSI AM bKORR, has the Caart of URE Appoet any Jurindictloa to dnautre into the validity! es

! or wlberwisy of The said Order and refuse be assume i a } juvisdicbion and hear the appent? ae (iii) Where te High Gouet orn Judge Uereof in i :

> ; urenting leave to an epplicant to appeal agaiust k oa | bis Gen euling, and du doing sv, avted within the {i a } powers cunPerced uyon Tin by section 36(1)(¥) of (Ee i the bunts het, 1965, and warenver did nothing \ el ieceity contrary to Kale 10 af the Court of an:

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a Pe teres, or assumed to himself new pover whieh express- | EY : Bp “A i . ie am ly taken away from him by the said Unte 10 er any Md BS other enactment, is the Urder granting such leave to th Be oe Bi Appeal void 50 as to deprive the Court of Appeal of ae 4 a BAe any jurisdiction to entertain the appeal? If not oe ey 3B ? ba has the Court of Appeal any right to ignore the - a 4 Hi a existence of the Order even though there has not a Ee beea an appeal against it? a Bm a Bae (iv) In the instant case, the Court of Appeal oe a et Rs having entertained and determined an appeal agalust 4 Bp. x ia the Order of Williams J, dated the 11th day of May, |. AiR on 1 rt 1976 wholly setting aside his own order dated 5th ii can 7 Nay 1976 which had granted the appellant leave to hes ee appeal against his (Williams J) interlocutory order ae a of 4th May, 1976, can it thereafter say it had no ins +a uh a jurisdiction to entertain the appellant's appeal oe Ba agninst the substantive order of 4th May 1976 in Asi ‘E. dh BE: the same matter? ee a eed . a a - In our opinion the questions raised are of general oh Br importance. We accordingly grant the applicant special hd ay ered Poieave fo appeal against the Order of the Court of Appeal ae Paated 12th Jaly, 1977 in respect of the four questions i 35 By of law raised, « ey 4 — 5 KS - ef Ble orertreny LPT ge AS ee. ie BW pint / aad a De Cert wes a: a pe 0 o-b-3— ie a te AO GD Aaa eS RS A B. Livesey Luke kee BE: Acting Chief Justice . He ‘ ke ! a 4 CA Kes Med hile HE q . ats q G. A, MAFding ph ha Justice of the Supreme Court Ay a ore E GQ i ig A Tee > c C. Qysrrertr. 1 a F fav by Agnes Avunor-Renner Aid 4 Justice of the Supreme Court ett a ey 3 a 4 ane) a PEG “ee pices , ye Peay eae . Ge ; «Past oe