After listening to Counsel for the Applicant and the Respondents we agree with Counsel for the Respondent that by virtue of section 4(1) and (2) of the Courts Act 1993 (Act 459) the applicant ought to have obtained special leave to appeal from the Supreme Court.
The relevant provisions of Section 4 (1) and (2) of the Courts Act, 1993 (Act 459) dealing with the appellate jurisdiction of the Supreme Court provides as follows:
“4 (1) In accordance with article 131 of the Constitution, an appeal lies from a judgment of the Court of Appeal to the Supreme Court
a) as of right, in a civil or criminal cause or matter in respect of which an appeal has been brought to the Court of Appeal from a judgment of the High Court or a Regional Tribunal in the exercise of its original jurisdiction;
b) with the leave of the Court of Appeal, in a cause or matter, where the case was commenced in a court lower than the High Court or a Regional Tribunal and where the Court of Appeal is satisfied that t…