The Scheduling Conference for Reference 1 of 2015 was held and finalised by the Trial Court on 14th June 2017. Thereafter, when the case came up for hearing on 5th September 2017, Counsel for the Appellant made an oral application requesting for the inclusion of two further issues for determination however, the Trial Court declined the request. In this Appeal, the Appellant challenged the Trial Court’s refusal to incorporate the issues proposed claiming that this was an error in law and that omission of the issues would be fatal to his case. As part of the Record of Appeal, the Appellant included the Scheduling conference notes and trial transcripts.
The Respondent submitted that: there was no judgment or order made by the Trial Court on 5th September 2017 from which an appeal could arise therefore the Appeal was premature and incompetent. Moreover, there was no error in law or procedural irregularity.