Mayeku & 198 ors v Attorney general & 2 ors (Misc. Application No. 618 of 2014)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted leave to appeal against all findings on the grounds raised in the miscellaneous application. The court noted that the grounds revolved around important legal points including duress and undue influence and that the applicants' wish to test the findings at a higher level should not be unreasonably fettered.
Outcome
Applicants granted leave to appeal all findings on grounds raised in the miscellaneous application
Facts
This was an oral application for leave to appeal made by counsel for the applicants after delivery of the court's ruling in Miscellaneous Application No. 618 of 2014. The application arose from earlier proceedings in H.C.M.C 153 of 2011 and H.C.C.S No. 164 of 2004. Counsel for the applicants contended that serious issues including duress and undue influence were raised. Counsel for the respondents opposed the application, arguing that duress and undue influence were not issues for determination by the court but were offshots to the court's findings, and that any appeal should be confined to the four issues raised at trial.
Issues
- Whether leave to appeal should be granted against the ruling on the miscellaneous application
Orders
- Leave to appeal granted.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.