Court of Appeal dismisses appeal against a judgment and order of the High Court by which the appellant was refused leave to apply for an order of certiorari by way of judicial review of an order made by the Circuit Court, on the grounds that he had failed to satisfy the onus of identifying an error of law or fact on the part of the High Court judge such as would warrant the intervention of the Court of Appeal.
Court of Appeal - appeal against order of the High Court - appellant was refused leave to apply for an order of certiorari by way of judicial review - appellant sought to challenge decision of Circuit Court - High Court identified two grounds in the statement of grounds - appellant alleged that he had not had four clear days' notice of the hearing to allow him to file a replying affidavit - High Court concluded that no arguable ground had been identified and refused application for leave - High Court was not concerned with the rights and wrongs of anything other than the order of the Circuit Court and even then, not with whether the decision made was correct, but whether an arguable case had been made out that the order was not made within jurisdiction - High Court judge was correct to conclude that the Circuit Court acted within jurisdiction in deciding motions to dismiss the proceedings without first requiring the defendants to deliver defences - High Court was correct to find that the defendants' motions had been served in abundant time to have allowed for the filing of any replying affidavit which the appellant wished to file - no explanation offered as to why any replying affidavit had not been filed - appeal dismissed