IT IS WRONG TO QUESTION THE LOCI STANDI OF THE COURT OF APPEALS TO RECEIVE APPEALS FROM THE HIGH COURT
I disagree with Cde Tutwa’s assertions that Court of Appeals has no jurisdiction to receive appeals on election petitions from the High Court.
In my view, the Court of Appeals has firm jurisdiction to hear matters from the High Court regardless as the Constitution does not categorically state on which matters from the High Court that are to be heard by the Court of Appeals.
For avoidance of doubt, Article 131 (1) guides out the jurisdiction as thus; *the Court of Appeal has jurisdiction to hear appeals from—*
*(a) the High Court;*
(b) other courts, except for matters under the *exclusive jurisdiction of the Constitutional Court*; and
(c) quasi-judicial bodies, except a local government elections
tribunal.
Article 131(2) guides thar *An appeal from a decision of the Court of Appeal shall be made to the Supreme Court with leave of the Court of Appeal*
Therefore, only cases with *exclusive jurisdiction of the Constitutional Court* cannot be appealable to the Court of Appeals.
So can TUTWA help us more on his argument
I SUBMIT
McDonald Chipenzi