Description
Leave to appeal to the Court of Appeal in land matters– applicable provisions – Exclusiveness of the High Court in granting leave to appeal in land disputes – Court of Appeal has no power to grant leave in land matters.
- Section 5(1) (C) of the Appellate Jurisdiction Act does not apply to regulate leave over land disputes arising from exercise of jurisdiction of land courts under the Land Courts Act.
- High Court has the exclusive jurisdiction in an application for leave to appeal to the Court of Appeal in land matters as clearly shown in Section 47(1) of the Land Dispute Act.
- Court of Appeal has no jurisdiction to entertain application for leave in land cases. As the leave of the High Court is mandatory requirement before the appeal filed to the Court of Appeal, someone cannot file a second bite application in land matters before the Court of Appeal if aggrieved with the decision of High Court.
