Senanayake and Others v. Koehn and Others – sllr 2002 volume 3 page 381

In the case between Senanayake and others (petitioner-respondents) and Koehn and others (respondent-petitioners), the court addressed whether the Court of Appeal could exercise revisionary jurisdiction to grant an interim stay order against a judgment of the Commercial High Court while a statutory appeal was pending before the Supreme Court. It was determined that the Commercial High Court judgment, subject to appeal before the Supreme Court under the Companies Act, could not be reviewed via revision by the Court of Appeal, as this would amount to a prohibited second appeal. Emphasis was placed on the legislative scheme that exclusively vests appellate review of such judgments in the Supreme Court. The application for revision was accordingly dismissed, reinforcing the principle that statu

REF: sllr 2002 volume 3 page 381 Category: Tag:
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