The Court of Appeal will today hear an appeal brought by People's National Party candidate Dr. D.K. Duncan, who is seeking to set aside the stay granted last week halting the magisterial recount in the Eastern Hanover constituency.

Dr. Duncan is contending that Court of Appeal Judge Hazel Harris did not have the jurisdiction to prohibit Resident Magistrate (RM) George Burton from continuing the recount until the appeal brought by Jamaica Labour Party candidate Barrington Gray has been decided.

Gray had brought an application in the Supreme Court seeking leave to go to the Judicial Review Court to compel RM Burton to count certain ballots which he had rejected. RM Burton had rejected the ballots because the presiding officer's signature was absent. It was reported that the signature was improperly torn from the ballots.