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The court held that only pure points of law, not matters of fact or evidence evaluation, qualify for certification. Upon review, three points of law were identified as warranting certification for determination by the Court of Appeal.
Source excerpt
The High Court partly certified one issue for appeal, finding only the oral-evidence question on a written contract raised a point of law. Other issues were treated as factual or unqualified.
The applicant failed to demonstrate any point of law worth certification for appeal, as the principle of tracing ownership was properly applied and the issue of locus in quo was a matter of evidence, not law.
Source excerpt
None of the points raised by the applicant qualify as points of law worth certification for consideration by the Court of Appeal, as they either concern issues of fact, were already determined, or are not supported by the record.
Source excerpt
The High Court granted certification of a point of law for a proposed appeal, focusing on the legal effect of a 2007 order and a later land sale.
The High Court certified two points of law for the Court of Appeal in a probate-related dispute over a will, disputed land ownership, and the applicant’s standing.
The High Court partly allowed an application to certify points of law for appeal, certifying only the complaint about deciding the birth-certificate issue without hearing the parties.
The High Court certified two points of law for the Court of Appeal on the civil standard and burden of proof under the Evidence Act in a Primary Court-originating dispute.
The decision of the High Court in Land Appeal No. 20231127000026199 originated from the Ward Tribunal, as the original dispute was filed there and all subsequent proceedings stemmed from that case. Therefore, the Applicant properly invoked section 47(2) of the Land Disputes Courts Act in seeking certification of points of law for appeal to the Court of Appeal. The preliminary objection is dismissed with costs.
Source excerpt
The High Court certified two points of law for appeal to the Court of Appeal: res judicata and the right to be heard in a probate-related dispute.
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