The respondents brought a motion to quash the appellant's appeal, arguing that the order appealed from was interlocutory and therefore the proper appeal route was to the Divisional Court with leave.
The Court of Appeal agreed, finding that the order dismissing the appellant's motion to compel witness attendance for examination on jurisdictional grounds was interlocutory and did not finally dispose of any party rights.
As such, the Court of Appeal lacked jurisdiction, and the appeal was quashed.
