This appeal is against an order of the High Court allowing
the Respondents to present their WSD out of the prescribed procedure. Before
addressing the merit of the appeal, the Court raised a threshold question, suo
motu:
1. Whether or
not the order of the High Court (Karua, J.) sought to be appealed against was
appealable or otherwise under section 5(2) (d) of the Appellate Jurisdiction
Act [Cap 141 R.E. 2002] and;
2. Whether or
not, the suit being a land matter, the Appellants had sought and obtained leave
to appeal in the High Court as is required under section 47(1) of the Land
Disputes Court Act [Cap 216 R.E. 2002].