Abstract:
One of the most litigated areas of civil procedure in recent years is whether leave is required to appeal against an order on an interlocutory application which is not specified in the Fifth Schedule to the Supreme Court of Judicature Act (“SCJA”). The Court of Appeal has, in the course of a series of judgments between 2013 and 2018, sought to clarify the meaning of the phrase “an order at the hearing of any interlocutory application” in para 1(h) of the Fifth Schedule to the SCJA (at the time of these cases, para (e) of the Fifth Schedule to the SCJA). This article examines these developments and the current state of the law.