“In doing so we would like to point out that the granting of leave to appeal is not automatic. It is within the discretion of the particular Court to grant or to refuse the application or to grant leave on one or more points of importance and refuse leave generally on facts. It is a discretion which must be judiciously exercised and the Courts ought not to be weighed down by such considerations as the fear, on the part of the Court, to create the impression of unwillingness to have its decision tested in a higher Court.”
COURT – Discretion of Court – How the court should exercise its discretion in granting or refusing leave to appeal
COURT – Discretion Of Court – Whether it is in the discretion of an appellate Court to allow the appellant to raise a point which was pleaded but deliberately omitted in the Court belowCOURT – Discretion of Court – How the Court of Appeal is to exercise its discretion of sending a case to the court of first instance for a trial de novo