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We are in a lushly set environment, with beautiful colored vegetation and direct view ofĬherangany Hills, making it an ambient place to be. The college enjoys good support from the missionaries, government, church, leaders and politicians and the community among others. By extension the foundation of the college is by work of missionaries. It is own and run by AIC-Kenya under the auspices of the operating board of AIC Kapsowar Mission Hospital. On the other hand, if their decision, if given in one way, will finally dispose of the matter in dispute, but, if given in the other, will allow the action to go on, then I think it is not final, but interlocutory.AIC Kapsowar school of Nursing is a Nursing Council of Kenya accredited nursing school that was started in August 2008 and the first class of 17 students was admitted in September of the same year. If their decision, which way it is given, will, if it stands, finally dispose of the matter in dispute, I think that for the purpose of these rules it is final. The question must depend on what would be the result of the decision of the Divisional Court, assuming it to be given in favour of either parties.

La Grange is the right test for determining whether an order for the purpose of giving notice of appeal under the rules is final or not. “Taking into consideration all the consequences that would arise from deciding in one way and the other respectively, I think the better conclusion is that the definition which I gave in Standard Discount Co v. Lord Esher M.R., in constructing the test in that case, said in the course of his judgment: Warner is whether the order/judgment finally determines the matters in litigation. The central underpinning behind the test in Salaman v. (d) an order upon appeal from any other court, tribunal, body or person. (c) declared by rules of court to be of the nature of a final order (b) a decree nisi in a matrimonial cause or an order in an admiralty action determining liability (iv) an order referred to in paragraph (d) (ii) an order made with the consent of the parties (i) An order of a judge of the High Court made in chambers or in a summary proceeding

Subject as otherwise provided in this section, an appeal shall lie to the Court of Appeal in any cause or matter from any order of the Full court or of a judge of the High Court (whether made before or after the date on which this Act comes into force) where such order is. Section 6(2)a(i) of that Act provides as follows: In the resolution of the core issue whether this court has jurisdiction to entertain this appeal, a consideration of the relevant provisions of the Court of Appeal Act, Cap 3:02 would be a convenient starting point.

“It is the first duty of every court whether of first instance or appeal, before adjudicating upon any given cause or matter, to satisfy itself on its jurisdiction and, if the court is of opinion that it does not possess jurisdiction, in whatever manner any given matter may be brought before it, it is the duty of the Court, whether the question of jurisdiction is the subject of formal appeal or not, of its motion to pronounce accordingly. We bore in mind also some important observations made by Richards, C.J. The rationale behind such invitation stemmed from the provisions of the Court of Appeal Act, Cap 3:02 and the nature or form of the proceedings in the lower court. Accordingly, this court has to decide a preliminary issue which it raised suo motu on its jurisdiction to hear the present appeal, having invited counsel on both sides to address us on the issue. Jurisdiction therefore, is of such fundamental importance in the adjudication of any given case that it ought to be determined beforehand. Accordingly, it behoves a court to satisfy itself that as a matter of jurisdiction it can properly hear and determine a matter. The right of appeal is created by statute.

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