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The applicant failed to account for the entire period of delay and did not provide sufficient evidence for illness or financial incapacity. Financial difficulty is not a ground for extension of time, and legal aid was available earlier. The delay of about 14 years is inordinate and not justified by good cause.
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The court found that only four grounds raised by the applicants constitute points of law worthy of certification to the Court of Appeal: interpretation of time limitation for objections, misconstruction of section 4 of the Birth and Death Registration Act, interpretation of factors for appointment of administrator, and whether second objection can be entertained without general citation. Defects in affidavit verification and party designation were minor and did not render the application incompetent.
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The Court of Appeal dismissed an application for extension of time, holding that the applicant failed to account for 14 days of delay and did not show a cognizable illegality.
This appeal is a third appeal, and in the absence of a certificate from the High Court certifying a point of law, the appeal is incompetent and must be struck out.
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Once the High Court refuses to certify a point of law under section 5(2)(c) of the Appellate Jurisdiction Act in matters originating from primary courts, no appeal lies to the Court of Appeal and the notice of appeal becomes invalid and must be struck out.
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The High Court granted leave to appeal, finding the applicant raised arguable points of law on jurisdiction, limitation, and time bar.
The issues raised by the applicant involve unsettled points of law regarding witness requirements, property classification, and rights over supervised assets, which merit determination by the Court of Appeal.
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The Court of Appeal struck out an application for extension of time to seek leave to appeal, holding that recent amendments removed the leave requirement.
The High Court struck out a land application as omnibus because it combined leave to appeal and certification of points of law in one summons.
The High Court granted an unopposed application for a certificate on two points of law, holding that locus standi and jurisdiction were proper issues for certification.
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