Principle

APPELLATE PRACTICE — Leave to Appeal — Interlocutory Decision on Discretion — Necessity of Leave

Area of law
APPELLATE PRACTICE
Court
Supreme Court

A challenge to the exercise of judicial discretion raises mixed law and fact. Such an appeal requires leave under Section 233(3) of the 1999 Constitution. The appellant cannot appeal as of right. The principle ensures that appellate courts do not lightly interfere with discretionary decisions.…

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