JUDGMENT
On April 9, 1980, a civil appeal to the High Court was summarily dismissed by Muli J. As it was a second appeal, no appeal lies from Muli J’s decision to this court, by virtue of section 71A(2) of the Civil Procedure Act. We are of the view that the learned judge should not have summarily dismissed the appeal. Section 79B of the Civil Procedure Act empowers the High Court summarily to dismiss an appeal where the judge considers that there is no sufficient ground for interfering with the decree appealed from. That power should be sparingly used, and only in the clearest cases, such as an appeal based entirely on points of fact, raising no questions of law, and not where, as in this case, the memorandum of appeal raised substantial grounds of law such as that adverse possession was a prescriptive right, and that the District Magistrate was wrong in failing to hold that the appellants had acquired title by virtue of their long undisturbed possession of the suit land. It was all t…