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The High Court struck out a civil revision application as incompetent, holding that it could not revise an interlocutory order re-admitting an appeal in the District Court.
The High Court cannot entertain revision of interlocutory orders in pending cases under section 44(1)(b) of the MCA and section 79(1) of the CPC, as such orders do not finally determine the rights of the parties. Supervisory powers under section 44(1)(a) of the MCA are exercisable only suo moto by the court, not by application. The application is therefore incompetent.
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The High Court struck out an appeal against a garnishee order nisi, holding the order was interlocutory and not appealable under the Civil Procedure Code.
A condonation order by CMA allowing a dispute to proceed is interlocutory and does not finally determine the rights of the parties; therefore, a revision application challenging such an order is incompetent and premature under Rule 50 of Labour Court Rules, GN No. 106 of 2007.
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The application is incompetent as it seeks revision of an interlocutory order, which is barred by section 43(2) MCA and section 372(2) CPA. The prayers in the application are related and not opposed, so the omnibus objection fails. The proper order for an incompetent application is to strike it out, not dismiss it.
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The application is incompetent because it seeks revision of an interlocutory order that does not finally determine the criminal charge, which is expressly precluded by section 372(2) of the Criminal Procedure Act and section 43(2) of the Magistrates’ Court Act.
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The District Court's decision setting aside the trial court's refusal to set aside an ex parte decision on division of matrimonial property is not interlocutory because it suspends enforcement of rights already adjudged and affects the parties' substantive rights. Appeals in matrimonial proceedings are governed by the Law of Marriage Act, which allows such appeals. The preliminary objection is without merit and is overruled.
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The High Court lacks jurisdiction to revise interlocutory orders of subordinate courts unless such orders have the effect of finally determining the criminal charge; the application was incompetent as the order in question did not have such effect.
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The High Court granted a status quo order pending appeal in a land register rectification matter, finding the notice could adversely affect the appellant.
The Court of Appeal struck out a revision application, holding the High Court ruling was interlocutory and therefore barred by section 5(2)(d) of the AJA.
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