The Appellant filed an appeal in the High Court against the
decision of the District Land and Housing Tribunal. High Court delivered a
ruling in Land Appeal No. 13 of 2010, in which it partly allowed the appeal,
filed by the Appellant. The Appellant lodged an application for leave to appeal
to the Court of Appeal against the decision of the High Court. The Appellant
lodged a Chamber Summons under section 5(1)(c) of the Appellate Jurisdiction
Act, 1979 as well as rule 45(a) of the Court of Appeal Rules, 2009. The Chamber
Summons which the Appellant took out was supported by an affidavit which was
signed by the Appellant, but which was not sworn before a Commissioner for
Oaths and has no jurat of attestation. Despite all these shortcomings,
the application for leave was heard by the High Court and leave to appeal was
granted. Subject to the said leave the Appellant filed the present appeal. The
Court asked the parties for comment on the propriety of the Appellant taking
our chamber summons under section 5(10 (c) of the appellate Jurisdiction, 1979
and the fact that the affidavit supporting the Chamber Summons was not sworn.