The appellant appealed an order interpreting and enforcing a settlement agreement that arose from an application under the Partition Act.
The Court of Appeal addressed a preliminary jurisdictional issue, noting that appeals under the Partition Act lie to the Divisional Court.
The court found that the order under appeal was indeed made under the Partition Act, despite involving a settlement agreement, as it flowed directly from the partition and sale application.
Consequently, the Court of Appeal lacked jurisdiction and transferred the appeal to the Divisional Court, declining to sit as a panel of the Divisional Court.
