FOURTH SCHEDULE
Sections 29(b), 80(2A)(i) and 83(1)
Decisions of General Division
that are not appealable
1.  Subject to paragraph 2, an appeal cannot be brought against a decision of the General Division in any of the following cases:
(a)[Deleted by Act 40 of 2019]
(b)where the judgment or order is made by consent of the parties;
(c)[Deleted by Act 40 of 2019]
(d)[Deleted by Act 40 of 2019]
(e)[Deleted by Act 40 of 2019]
(f)[Deleted by Act 40 of 2019]
(g)[Deleted by Act 40 of 2019]
(h)where a Judge makes an order giving or refusing further and better particulars;
(i)where a Judge makes an order giving permission to amend a pleading, except if —
(i)the application for such permission is made after the expiry of any relevant period of limitation current at the date of issue of the originating claim; and
[Act 25 of 2021 wef 01/04/2022]
(ii)the amendment is an amendment to correct the name of a party or to alter the capacity in which a party sues, or the effect of the amendment will be to add or substitute a new cause of action;
[Act 25 of 2021 wef 01/04/2022]
(j)where a Judge makes an order refusing security for costs;
(k)where a Judge makes an order giving or refusing interrogatories.
2.  Paragraph 1 does not apply to any decision, judgment or order of the Family Division of the High Court involving the exercise of the appellate civil jurisdiction mentioned in section 23 of the Family Justice Act 2014.
3.—(1)  An appeal cannot be brought against a decision of the General Division, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that —
(a)the decision is affected by fraud or illegality; or
(b)there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision.
(2)  An agreement mentioned in sub-paragraph (1) —
(a)may be made before or after the decision to which the agreement relates is made; and
(b)may relate to part of a decision, in which case references in sub-paragraph (1) to a decision are to be read as references to that part of the decision.
[Act 25 of 2021 wef 01/04/2022]
[46/2018; 40/2019]