The court held that Jurisdiction cannot be
prescribed by mere inference. That Article 140
does not expressly confer any jurisdiction at all
on the High Court, the Court of Appeal or the
Supreme Court. As regards the High Court and
the Court of Appeal, jurisdiction is conferred
by Article 86(1) and (2). Article 86 is silent on
the jurisdiction of the Supreme Court. If the
Constitution intended to confer expressly the
right of appeal to the Supreme Court, nothing
could have prevented the framers from
providing that right of appeal under Article 86.
That It is trite law that there is no such a thing
as inherent appellate jurisdiction. Appellate
jurisdiction must be specifically created by
law. It cannot be inferred or implied.
In dissent , it was held that the Constitution
provides for an appeal to the Supreme Court if
one is dissatisfied with the decision of the
Court of Appeal, when there is no provision in
the Constitution precluding such appeal I think
that the appellants were perfectly entitled to
appeal to the final Court of Appeal in the land.