JUDGEMENT
The appellant has taken two points in this appeal; the first is that the first appeal to the High Court ought not to have been dismissed summarily; and the second, that on the merits of the appeal, the judgment of the trial court should be reversed. The first ground is a matter of law, and on the second the disputes are all matters of fact, not suitable for this court to entertain under section 72 of the Civil Procedure Act.The substantial issue then is whether the first appellate court acted correctly in law in dismissing the first appeal.
The High Court has power under section 79B of the Civil Procedure Act, to peruse the record of an appeal presented to it before the appeal is heard, and if the judge ‘considers that there is no sufficient ground for interfering with the decree’, he may reject the appeal summarily. It was under this section that the High Court acted in this case. The appeal to the High
Court challenged on various grounds the findings of fact by the trial cour…