Robertson v Robertson

Robertson v Robertson involved the applicant seeking to appeal a decision made by the primary judge, who found that the applicant did not have the right to appeal to the District Court. The applicant, who was not a party to the original proceedings, had contended that he was aggrieved by the dismissal of charges against three respondents and the subsequent issuance of certificates of dismissal. The applicant intended to use these certificates as a bar in a private prosecution he planned to bring against the respondents. The primary judge's decision was based on the premise that the applicant was not a person aggrieved by the orders made by the Magistrate.

The central legal issue before the court was whether the applicant had standing to appeal the primary judge's decision, and if not, whether the court had the jurisdiction to declare the certificates of dismissal invalid. The court considered that since the certificates were issued without a hearing on the merits, they were inherently invalid, and the Supreme Court had the jurisdiction to declare their invalidity and prevent them from being acted upon. The court also noted that the validity of the certificates could be determined without delving into the merits of the applicant's appeal or the primary judge's decision.

The Court of Appeal found that there was little utility in considering the merits of the applicant’s application for leave to appeal or of the merits of the appeal itself. Instead, the court determined that the better course of action was to resolve the dispute by making a declaration as to the invalidity of the certificates. The court exercised its jurisdiction to declare the certificates invalid, which would prevent them from being used in any future proceedings by the applicant. This decision effectively precluded the applicant from using the invalid certificates as a bar to his intended private prosecution.

On 15 May 2024, the Court issued orders declaring the invalidity of the certificates issued on 16 November 2021 in respect of the three respondents. The court made no order as to costs.