Lesson 1, Topic 1 of0

3.4 High Court

The High Court serves as an appellate court, which means it hears appeals from lower courts. This includes appeals from trial courts (such as district courts) and, in some cases, from specialized courts and tribunals. The High Court reviews these cases to ensure that legal procedures were followed correctly and that the law was applied appropriately.

Ordinarily, the High Court is duly constituted by one Judge sitting alone. However there are instances where two or more High Court Judges may be required to determine certain kinds of cases.

Jurisdiction:

  1. The High Court has unlimited original jurisdiction in criminal and civil matters.
  2. The High Court has jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.iii. The High Court has jurisdiction to hear an appeal from a decision of a tribunal appointed under the Constitution or national legislation to consider the removal of a person from office, other than a tribunal appointed under Article 144.iv   The High Court has jurisdiction to hear any question respecting the interpretation of this Constitution including the determination of: the question whether any law is inconsistent with or in contravention of the Constitution.
    1. The High Court does not have jurisdiction in respect of matters reserved for the exclusive jurisdiction of the Supreme Court under this Constitution or falling within the jurisdiction of the courts contemplated in Article 162 (2).
    2. The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court.