APPAU, JSC
Article 131 (1) of the 1992 Constitution and Section 4 (1) of the Courts Act, 1993 [Act 459], make provisions as to how appeals shall lie from judgments of the Court of Appeal to this Court: (i) where the cases originated from either the High Court or the Regional Tribunal and (ii) where the cases originated from courts lower than the High Court or the Regional Tribunal (in this case the Circuit and District Magistrate courts. The applicable rule in respect of these two legs of appeal is rule 7 (1), (2) and (3) of the Rules of the Supreme Court [C.I. 16] of 1996. Aside of these, article 131 (2) of the Constitution and section 4 (2) of the Courts Act, make room for what is termed; ‘special leave’ to appeal to the Supreme Court against the decisions of the Court of Appeal that do not fall under the categories specified under articles 131 (1) of the Constitution and section 4 (1) of the Courts Act or in situations where those provisions have been infringed or could not be compl…