LEGAL PRINCIPLE: APPELLATE PRACTICE — Leave to Appeal — Application for Leave to Appeal from High Court Sitting in its Appellate Jurisdiction to Court of Appeal — Constitution of High Court — Whether Single Judge May Grant Leave

"An application for leave to appeal from High Court sitting in its appellate jurisdiction to the Court of Appeal is an interlocutory application in the appeal to the Court of Appeal and not one in an appeal to the High Court from a lower court. The High Court (Interlocutory Application in Appellate Matters) Rules will only apply to appeals brought from lower courts to the High Court and not to appeals from the High Court to the Court of Appeal. Appeals from the High Court, whether sitting in its original or appellate jurisdiction to the Court of Appeal is a Federal matter and the State will have no jurisdiction to legislate on it. Therefore, the High Court (Interlocutory Application in Appellate Matters) Rules being rules of court made pursuant to State Law will not apply to regulate the practice and procedure to be applied in an appeal from the High Court to the Court of Appeal. The High Court when considering an application for leave to appeal to the Court of Appeal sits in its appellate jurisdiction and must be duly constituted by two Judges of that Court as required by section 63(1) of the High Court Law, Cap.49."