Description
Application for leave to appeal to the Court of Appeal – Time limitation to seek leave – When the Applicant withdraws an application for leave with liberty to refile.
- The Applicant filed in the High Court an application for leave to the Court of Appeal then successfully sought an order to withdraw it with liberty to refile. He refiled it without seeking an extension of time as it was beyond 14 days. The application was granted by the High Court. When the Appeal came before the Court of Appeal it was held that the matter is incompetent before it as the leave was granted when the application was filed beyond 14 days. The days should be calculated from the date of judgment and not otherwise.
- High Court had no jurisdiction to entertain the appellant’s belated application for leave to appeal filed beyond the period of 14 days prescribed under Rule 45 (a) of the Rules. For that reason, the proceedings pertaining to the application in question and the resultant order granting the appellant leave to appeal to the Court of Appeal were a nullity.
