PEPRAH II vs. BROWN AND ANOTHER

JUDGMENT OF VAN LARE J.A. Van Lare, J.A. delivered the judgment of the court. (His lordship referred to the history of the matter and continued.) The respondents have taken a preliminary objection as to the court’s jurisdiction to entertain the appeal, viz., that the appeal can lie only if it comes within the ambit of section 3 of the Court of Appeal Ordinance. It is an appeal from a final judgment or decision of the Divisional Court sitting in its original jurisdiction; it is not an appeal in a criminal matter; it cannot be regarded as a claim or question respecting money, goods or other matter, or a civil right, over the amount or value of £G100. Therefore (they submit) the appeal cannot lie. It is conceded that certiorari is a method by which the High Court exercises supervisory jurisdiction over inferior courts; and this is an appeal from a ruling by which the High Court has refused to make the order of certiorari sought. It is contended that the right, civil in na...