Applicant sought ex parte injunctive relief to restrain the implementation of certain board decisions. Following the rejection of the injunction by a Judge in Chambers, Applicant, relying on Section 6 of the Court of Civil Appeal Act, attempted to lodge a fresh application before the Court of Civil Appeal.
Mr. Gilbert Noël, Senior Partner at LX Legal, appeared for Respondents. Respondents raised a preliminary objection, arguing that the procedure was misconceived.
The Court held that:
- (a) The jurisdiction of the Court of Civil Appeal is strictly appellate, limited to cases under Sections 3 and 4 of the Court of Civil Appeal Act.
- (b) Section 6 does not provide a procedural avenue to re-litigate an injunction application refused by a Judge in Chambers.
- (c) The appropriate remedy lies in an appeal to the Supreme Court under Sections 69 and 76A of the Courts Act.
- (d) While the Court retains equitable jurisdiction, it will only intervene where exceptional circumstances demand it, which was not the case here.
Significance:
This decision is now a landmark authority on:
The procedural boundaries of appellate review in interim relief matters.
The correct appellate path following the refusal of an ex parte injunction.