SHAMSA SALIM HAMDUNI V.S THE ADMINISTRATOR GENERAL AND ANOTHER CIVIL APPLICATION NO. 360/01 OF 2020

Abstract

1. The Court reinstated the principle enunciated in the case of Harban Haji Moshi and Another v. Omari Hilal Seif and Another [2001] TLR 409 and British Broadcasting Corporation v. Eric Sikujua Ng'maryo, Civil Application No. 138 of 2004 (unreported) where it was stated that “As a matter of general principle, leave to appeal will be granted where the grounds of appeal raise issues of general importance or a novel point of law or where the grounds show a prima facie or arguable appeal”.

2. As the general rule first appeal could be predicated on issues of law or fact or both law and fact.

3. The power of the Court of Appeal to entertain application for leave as second bite is vested under provision of Section 5(1)(c) of the Appellate Jurisdiction Act, [Cap 141 R.E 2022]