30 Sept 2025
The Sessions Court's dismissal of the mid-trial application to amend the statement of claim was an interlocutory ruling that did not finally dispose of the parties' rights and therefore fell within the exclusion in section 3 of Act 91; accordingly the appeal was incompetent and must be dismissed.
21 May 2025
Although the High Court found the appeal procedurally barred by s28(1)(c) CJA 1964, it nonetheless exercised its statutory revisionary jurisdiction under s33 to call for the subordinate court record and set aside the Sessions Court decision dated 17.12.2024 because that decision was rendered in circumstances where the writ and statement of claim had already been withdrawn and was therefore academic/unauthorised; s33 may be used in exceptional cases to correct such substantive injustice without circumventing the legitimate scope of s28 and s34.
11 Jan 2024
The Interim Award is a procedural interlocutory ruling falling outside the statutory definition of an "award" under Section 2; alternatively, if treated as an award, the Plaintiff failed to establish a breach of natural justice or a public policy violation causing real prejudice, so the summons to set aside is dismissed.
7 Jul 2023
The Court allowed the preliminary objection and held the High Court's affirmation of the Sessions Court order calling the appellant to enter his defence was an interlocutory ruling that did not finally dispose of the parties' rights and therefore was not a 'decision' within s3 CJA; appeals against such interlocutory rulings are incompetent and must be struck out, so the appeals were dismissed and the cases remitted to the Sessions Court for trial to continue.
12 Mar 2023
The High Court's order to recall the plaintiffs' witnesses for further cross-examination was an interlocutory exercise of the trial judge's discretion during an ongoing trial; there was no demonstrated error in that exercise of discretion, therefore the appellate court will not interfere and the appeal is dismissed with costs; the parties must resume trial in the Sessions Court.
5 Oct 2022
The Court held the High Court's refusal to grant bail was an interlocutory ruling that did not finally dispose of the appellants' rights; therefore it is not a "decision" within s.3 CJA and not appealable under s.50 CJA, so the Court of Appeal lacked jurisdiction to hear the appeals.
26 Sept 2022
The ruling allowing the proposed intervenor to intervene and to apply to set aside a judgment in default is an interlocutory decision that does not finally dispose of the parties' rights and is precluded from appeal by s3 and s68(1)(g) of the Courts of Judicature Act 1964 (as amended by Act A1661); therefore the appeal is incompetent and must be dismissed.
11 Oct 2021
The Court allowed the appeals, holding res judicata did not apply because the prior proceedings did not satisfy essential elements (finality on the merits and identity/privity of parties and questions); the earlier orders were interlocutory and not finally determinative, and the appellant had locus standi to bring a collateral action based on newly discovered evidence of fraud that could, if proven, render prior probate and transfers impeachable; therefore the High Court's strike-out was set aside and the matter remitted for full trial.
11 Oct 2021
Res judicata did not apply because the prior proceedings lacked the necessary elements of finality on the merits as to the issues and parties in the subsequent action (elements iv, v and vi per Spencer Bower and Turner were not satisfied); the fraud allegations and new forensic evidence amounted to a legitimate collateral challenge to prior orders, so the High Court's dismissal in limine was erroneous and the appeals are allowed and remitted for full trial.
25 Sept 2019
Because there were two separate and distinct orders from the High Court, the single Notice of Appeal failed to comply with the mandatory requirements of r.5(3) RCA 1994; therefore the respondents' motion to strike out the Notice of Appeal succeeds and the appeal is struck out, bound by Federal Court and Court of Appeal precedent.