JUDGMENTBY: EDGAR JOSEPH JR FCJ (DELIVERING THE JUDGMENT OF THE COURT), GOPAL SRI RAM JCA, MOHAMED DZAIDDIN FCJ FCJ

EDGAR JOSEPH JR FCJ (DELIVERING THE JUDGMENT OF THE COURT) When this appeal was called on for hearing, counsel for the respondent had raised a preliminary objection as to the competency of the appeal. It was contended that this appeal did not lie to the Federal Court, but to the Court of Appeal.

More particularly, it was the contention of counsel for the respondent, that the judgment under appeal was a judgment of the High Court pronounced on 7 June 1994, in respect of an Originating Summons No 320-93/11, issued on 7 June 1994, notice of appeal, having been filed and served on 24 June 1994, and so, the material date for purposes of determining the challenge to jurisdiction was the date of filing the notice of appeal, which, incidentally was also the date of the creation of the Court of Appeal, and so the appeal lay not to the Federal Court but to the Court of Appeal and vested in the latter court.

I think that it would not be an unfair summary of the argument advanced by counsel for the respondent in support of the preliminary objection to say that its effect was t