- Civil Procedure|Role of Appellate Court|Second Appeal
- Case summary
- The court held that in its determination of an application for a certificate to lodge a third appeal to this Court, the Court of Appeal is guided by only two factors namely: (i) whether the intended appeal to the Supreme Court concerns a matter of law of great Public importance and (ii) whether the intended appeal raises a matter of law of general importance. That the Court of Appeal did not and could not have considered the merits of the original land dispute between the parties, since none of the parties canvassed any matters relating to the issue of ownership of the suit property. The purpose of setting aside an ex parte Judgment is to have the matter to be heard afresh inter parties.
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