RULING
Section 21(3) of the Courts Act, 1993 (Act 459) provides:
3) A person aggrieved by an interlocutory order or decision made or given by a District Court may appeal against the decision or order to the High Court with the leave of the District Court or of the High Court and the High Court shall have jurisdiction to hear and determine the appeal.
In this application, defendants/applicants (hereinafter called Applicants) are praying the court for leave to file an interlocutory appeal against the decision of the District Court, Axim.
In a ruling dated 18 October, 2023 the District Court refused an application to strike out the writ pending before it for being incompetent. The said motion was filed by the Applicants herein. Aggrieved by the decision of the District Court, Applicants herein applied for leave at the District Court to appeal against the aforesaid decision. On 2 November, 2023 the District Court refused the application for leave to file an appeal. Applicants have brought thi…