32.—(1) An appeal lies from any order or decision of the General Division of the High Court, the Appellate Division of the High Court, a State Court, a Family Court or a Youth Court —
(a)
in the exercise of its jurisdiction to try and punish for contempt of court; or
(b)
otherwise under this Act.
[40/2019]
(2) No appeal may be brought under subsection (1) against any order or decision of the General Division of the High Court in the exercise of its appellate jurisdiction or the Appellate Division of the High Court in the exercise of its appellate jurisdiction, except with the leave of —
(a)
(in the case of the General Division of the High Court) the court to which the appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969; and
(b)
(in the case of the Appellate Division of the High Court) the Court of Appeal.
[40/2019]
(3) The appeal or application for leave to appeal must be filed in accordance with Rules of Court or Family Justice Rules (as the case may be) as if the appeal were an appeal in civil proceedings.
(4) An appeal does not operate as a stay of execution unless the trial court or the appellate court so orders.
(5) The trial court or the appellate court may stay execution on any judgment, order or punishment pending appeal on such terms as to security for the payment of any money or the performance or non‑performance of any act or the suffering of any punishment ordered by or in such judgment or order as to the court may seem reasonable.
(6) At the hearing of the appeal, the appellate court has and may exercise any power which the trial court may have exercised.
Informal Consolidation | Amended Act 25 of 2021
Appeals
32.—(1) An appeal lies from any order or decision of the General Division of the High Court, the Appellate Division of the High Court, a State Court, a Family Court or a Youth Court —
(a)
in the exercise of its jurisdiction to try and punish for contempt of court; or
(b)
otherwise under this Act.
[40/2019]
(2) No appeal may be brought under subsection (1) against any order or decision of the General Division of the High Court in the exercise of its appellate jurisdiction or the Appellate Division of the High Court in the exercise of its appellate jurisdiction, except with the permission of —
(a)
(in the case of the General Division of the High Court) the court to which the appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969; and
(b)
(in the case of the Appellate Division of the High Court) the Court of Appeal.
[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(3) The appeal or application for permission to appeal must be filed in accordance with Rules of Court or Family Justice Rules (as the case may be) as if the appeal were an appeal in civil proceedings.
[Act 25 of 2021 wef 01/04/2022]
(4) An appeal does not operate as a stay of execution or enforcement unless the trial court or the appellate court so orders.
[Act 25 of 2021 wef 01/04/2022]
(5) The trial court or the appellate court may stay execution or enforcement on any judgment, order or punishment pending appeal on such terms as to security for the payment of any money or the performance or non‑performance of any act or the suffering of any punishment ordered by or in such judgment or order as to the court may seem reasonable.
[Act 25 of 2021 wef 01/04/2022]
(6) At the hearing of the appeal, the appellate court has and may exercise any power which the trial court may have exercised.