OLLENNU J.S.C.: Ollennu J.S.C. delivered the ruling of the court. In this application the court is invited to review its order of 7 December 1965, dismissing an appeal on the ground that the alleged appeal was not properly before it and the court was therefore void of jurisdiction to entertain it. The judgment against which the applicants sought to appeal is one given by the High Court in its appellate jurisdiction. Section 8 (1), proviso (a) (i) of the Courts Act, 1960,1 which sets out the jurisdiction of the court provides that:
“an appeal shall lie to the Supreme Court from a judgment of the High Court in the exercise of its appellate jurisdiction on any matter except a matter arising out of a criminal case—
(i) Where the High Court has affirmed the decision of the Court from which the appeal is made to the High Court, by special leave of the High Court. . . “
The undisputed interpretation of that provision of the Act is that unless special leave of appeal is granted no appeal can be…