MARFUL-SAU, JA
The fundamental issue raised in this application is whether this court was seised with jurisdiction when on the 20th day of December 2012 it granted an application for interim injunction pending the determination of an appeal lodged by the Plaintiff/Appellant/Respondent herein against the refusal of the High Court, Fast Track Division to grant an application for interlocutory injunction.
The main ground canvassed by counsel for Defendant/Respondent/Applicant herein in seeking to set aside the order granting the injunction is that this court was not seised with jurisdiction because as at the 20th day of December 2012, when this court granted the injunction the record of appeal had not been transmitted to this court and Form 6 had not been issued by the Registrar of the court below, that is the High Court, Fast Track Division.
We are being called upon, in this application, to examine the conduct of this court as it sat on the 20th December 2012, to ascertain whether it had j…