6. The principal Rules are amended by deleting Order 55C and substituting the following Orders:APPEALS FROM DISTRICT JUDGES
IN CHAMBERS |
| Appeals from decisions of District Judges in Chambers (O. 55C, r. 1) |
1.—(1) An appeal shall lie to a Judge of the High Court in Chambers from any judgment, order or decision of the District Judge in Chambers (not given or made in his capacity as the Registrar), including a judgment given, or an order or a decision made, on appeal from the Registrar.| (2) The Chief Justice may, from time to time, direct that such class or classes or description of proceedings be heard in Chambers, and any such proceedings, whether heard in open Court or in Chambers, shall be deemed to have been heard in Chambers for the purpose of paragraph (1). |
| (3) The appeal shall be brought by serving on every other party to the proceedings in which the judgment, order or decision was given or made a notice in Form 114F to attend before the Judge of the High Court in Chambers on a day specified in the notice. |
| (4) Unless the Court otherwise orders, the notice must be issued within 14 days after the judgment, order or decision appealed against was given or made and served on all other parties within 7 days of it being issued. |
| (5) Except so far as the Court may otherwise direct, an appeal under this Rule shall not operate as a stay of the proceedings in which the appeal is brought. |
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| Leave to appeal (O. 55C, r. 2) |
2.—(1) A party applying for leave under section 21(1) of the Supreme Court of Judicature Act (Chapter 322) to appeal against any judgment, order or decision of a District Judge in Chambers (not given or made in his capacity as the Registrar), must file his application —| (a) | to a District Judge in Chambers within 7 days of the judgment, order or decision; and | | (b) | in the event leave is refused by the District Judge, to the High Court within 7 days of the refusal. |
| (2) A party who has obtained leave to appeal under this Rule shall file and serve the notice of appeal within 14 days from the date on which such leave was given. |
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| Enforcement of judgments which have been the subject-matter of an appeal (O. 55C, r. 3) |
| 3. The taking of any steps for the execution or enforcement of a judgment or order which has been the subject-matter of an appeal must be in the Subordinate Courts. |
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| APPEALS FROM SUBORDINATE COURTS |
| Application of Order to appeals (O. 55D, r. 1) |
| 1. This Order applies to every appeal to the High Court from the Subordinate Courts except for appeals to which Order 55C is applicable. |
| Application of Order to applications for new trial (O. 55D, r. 2) |
| 2. This Order (except so much of Rule 3(1) as provides that an appeal shall be by way of rehearing) applies to an application to the High Court for a new trial or to set aside a finding or judgment after trial, as it applies to an appeal to that Court, and references in this Order to an appeal and to an appellant shall be construed accordingly. |
| Notice of appeal (O. 55D, r. 3) |
3.—(1) An appeal to the High Court from the Subordinate Courts shall be by way of rehearing and must be brought by notice of appeal in Form 114A.| (2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the Court below; and every such notice must state whether the whole or part only, and what part, of the judgment or order is complained of, contain an address for service, and be signed by the appellant or his solicitor. |
| (3) For the avoidance of doubt, any party who desires to contend that the decision of the Court below should be varied in any event must file and serve a notice of appeal. |
| (4) The appellant must at the time of filing the notice of appeal deposit in the Registry such sum as the Registrar may require towards the fee for making copies of the record of proceedings. |
| (5) The appellant must at the time of filing the notice of appeal deposit a sum of $2,000 for Magistrate’s Court actions and $3,000 for District Court actions or such other sum as may be fixed from time to time by the Chief Justice by way of security for the respondent’s costs of the appeal in the Registry or with the Accountant-General and obtain a certificate in Form 114B. |
| (6) The High Court may at any time, in any case where it thinks fit, order further security for costs to be given. |
| (7) The Registrar must assign a number to the notice of appeal and enter the appeal on the list of appeals, stating therein the title of the cause or matter, the name of the appellant and his solicitor, if any, and the date of such entry. |
| (8) The notice of appeal must be served on all parties to the proceedings in the Court below who are directly affected by the appeal or their solicitors respectively at the time of filing the notice of appeal. |
| (9) Subject to Rule 9, it shall not be necessary to serve the notice on parties not so affected. |
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| Time for appealing (O. 55D, r. 4) |
4.—(1) Subject to this Rule, every notice of appeal must be filed and served under Rule 3(8) within 14 days —| (a) | in the case of an appeal against the refusal of an application, from the date of the refusal; and | | (b) | in all other cases, from the date on which the judgment or order appealed against was pronounced. |
(2) A party applying for leave under section 21(1) of the Act to appeal against an order made, or a judgment given, by a District Court must file his application —| (a) | to a District Court within 7 days of the judgment or order; and | | (b) | in the event leave is refused by the District Court, to the High Court within 7 days of the refusal. |
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(3) A party applying for leave under section 21(1) of the Act to appeal against an order made, or a judgment given, by a Magistrate’s Court must file his application —| (a) | to a Magistrate’s Court within 7 days of the judgment or order; and | | (b) | in the event leave is refused by the Magistrate’s Court, to the High Court within 7 days of the refusal. |
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| (4) A party who has obtained leave to appeal under paragraph (2) or (3) shall file and serve the notice of appeal within 14 days from the date on which such leave was given. |
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| Record of proceedings (O. 55D, r. 5) |
5.—(1) When a notice of appeal has been filed, the Judge who gave the judgment or made the order must, unless the judgment was written, certify in writing the grounds of the judgment or order.| (2) If no certified ground of the judgment or order has been given by the Judge within a period of 3 months from the date of the notice of appeal, the appellant shall nonetheless proceed with the appeal and apply in writing to the Registrar for a copy of the record of proceedings as hereafter provided. |
| (3) As soon as possible after notice of appeal has been filed, the Registrar shall cause to be served on the appellant or his solicitor at his address for service specified in the notice of appeal a notice that a copy of the record of proceedings is available and thereupon the appellant or his solicitor shall pay the prescribed fee. |
| (4) The record of proceedings shall consist of a certified copy of the judgment or grounds of judgment or order (if any), and a certified copy of the notes of evidence including the affidavits of the evidence in chief taken at the hearing of the cause or matter. |
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| Record of Appeal and Appellant’s Case (O. 55D, r. 6) |
6.—(1) Within one month after service of the notice referred to in Rule 5(3), the appellant must file —| (a) | 2 copies of the record of appeal; and | | (b) | subject to Rule 7, 2 copies of the Appellant’s Case referred to in that Rule, |
| and serve a copy each thereof on every respondent to the appeal or his solicitor. |
(2) The record of appeal shall consist of a copy each of —| (a) | the notice of appeal; | | (b) | the certificate of payment of security for costs; | | (c) | the record of proceedings referred to in Rule 5(4); | | (d) | the documents in the nature of pleadings; | | (e) | other documents, so far as are relevant to the matter decided and the nature of the appeal; and | | (f) | the judgment or order appealed from. |
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| (3) A draft index of the documents to be included in the record of appeal shall be sent by the appellant’s solicitor to the solicitors for the respondents who or (if more than one) any of whom may within 3 days object to the inclusion or exclusion of any document. |
| (4) Where in the course of preparation of the record of appeal one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the other party nevertheless insists on its being included, the record of appeal, as finally printed or typed shall, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate, in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to. |
| (5) Where an appellant omits to comply with paragraph (1), the appeal shall be deemed to have been withdrawn, but nothing in this Rule shall be deemed to limit or restrict the powers of extending time conferred upon the High Court. |
| (6) In the event of a cross-appeal, a joint record of appeal may be filed if all the parties to the appeal and the cross-appeal consent. |
| (7) Written notice of intention to file such a joint record must be given to the Registrar within the time specified in paragraph (1). |
| (8) Subject to paragraph (6), any party to the appeal or the cross-appeal may apply to the Registrar for directions as to the filing of the record of appeal. |
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| Preparation of Cases (O. 55D, r. 7) |
7.—(1) The appellant must file his Case (referred to in this Order as the Appellant’s Case) within the time specified in Rule 6.(2) The respondent must file his Case (referred to in this Order as the Respondent’s Case) —| (a) | within one month after service on him of the record of appeal and the Appellant’s Case; or | | (b) | in the event a joint record of appeal is filed, within one month after service on him of the Appellant’s Case. |
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(3) The form of the Case shall comply with the following requirements:| (a) | it shall consist of paragraphs numbered consecutively; | | (b) | it shall state, as concisely as possible —| (i) | the circumstances out of which the appeal arises; | | (ii) | the issues arising in the appeal; | | (iii) | the contentions to be urged by the party filing it and the authorities in support thereof; and | | (iv) | the reasons for or against the appeal, as the case may be; |
| | (c) | it shall be in the same size and style as the record of appeal with alphabetical lettering in the left hand margin at every fifth line, the first letter “A” being placed against the first line in each page, and with references in the right hand margin to the relevant pages of the record of appeal; and | | (d) | care shall be taken to avoid, as far as possible, the recital of long extracts from the record of appeal. |
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(4) If a party —| (a) | is abandoning any point taken in the Court below; or | | (b) | intends to apply in the course of the hearing for leave to introduce a new point not taken in the Court below, |
| this should be stated clearly in the Case, and if the new point referred to in sub-paragraph (b) involves the introduction of fresh evidence, this should also be stated clearly in the Case and an application for leave must be made under Rule 11 to adduce the fresh evidence. |
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| (5) A respondent who, not having appealed from the decision of the Court below, desires to contend on the appeal that the decision of that Court should be varied in the event of an appeal being allowed in whole or in part, or that the decision of that Court should be affirmed on grounds other than those relied upon by that Court, must state so in his Case, specifying the grounds of that contention. |
(6) Except with the leave of the High Court, a respondent shall not be entitled on the hearing of the appeal —| (a) | to contend that the decision of the Court below should be varied upon grounds not specified in his Case; | | (b) | to apply for any relief not so specified; or | | (c) | to support the decision of the Court below upon any grounds not relied upon by that Court or specified in his Case. |
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| (7) A Case may be amended at any time with the leave of the High Court. |
| (8) Except to such extent as may be necessary to the development of the argument, a Case need not set out or summarise the judgment of the Court below, nor set out statutory provisions, nor contain an account of the proceedings below or of the facts of the case. |
| (9) Every Case must conclude with a numbered summary of the reasons upon which the argument is founded, and must bear the name and signature of the solicitor who has prepared the Case or who will appear before the High Court. |
| (10) The solicitor of any party, in drafting a Case, should assume that it will be read in conjunction with the documents included in the record of appeal. |
| (11) All the appellants may join in one Appellants’ Case, and all the respondents may similarly join in one Respondents’ Case. |
| (12) A party whose interest in the appeal is passive (such as a stake-holder, a trustee or an executor) is not required to file a separate Case but should ensure that his position is explained in one of the Cases filed. |
| (13) The filing of a joint Case on behalf of both appellant and respondent may be permitted in special circumstances. |
| (14) A party to an appeal shall file together with his Case a bundle of authorities relied on by the Court below as well as other authorities to be relied on at the hearing of the appeal and serve such bundle of authorities on the other party. |
| (15) A respondent who fails to file his Case within the time specified in paragraph (2) may be heard only with the leave of the High Court and on such terms and conditions as the High Court may impose. |
| (16) Where 2 or more appeals arise from the same judgment or order below, an appellant or respondent to one or more of the appeals may apply to the High Court for leave to file a single Case or record of appeal covering all such appeals. |
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| Transmission of the record of appeal, etc. (O. 55D, r. 8) |
| 8. The Registrar must on receiving copies of the record of appeal and the Appellant’s and Respondent’s Cases and bundles of authorities, transmit these documents, together with the exhibits put in evidence at the hearing, to the Registrar of the Supreme Court and give notice to the parties to the appeal in Form 114E. |
| Directions of the Court as to service (O. 55D, r. 9) |
9.—(1) The High Court may, in any case, direct that the record of appeal and the Cases be served on any party to the proceedings in the Court below on whom it has not been served, or on any person not party to those proceedings.| (2) In any case in which the High Court directs the record of appeal and the Cases to be served on any party or person, the High Court may also direct that a Case be filed by such party or person. |
(3) The High Court may in any case where it gives a direction under this Rule —| (a) | postpone or adjourn the hearing of the appeal for such period and on such terms as may be just; and | | (b) | give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties. |
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| Withdrawal of appeal (O. 55D, r. 10) |
10.—(1) An appellant may, at any time before his appeal is called on for hearing, file and serve on the parties to the appeal a notice to the effect that he does not intend further to prosecute the appeal.| (2) If all parties to the appeal consent to the intended withdrawal of the appeal, the appellant must file the document signifying such consent signed by the parties or by their solicitor, and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar. |
| (3) In such event, any sum lodged in Court as security for the costs of the appeal shall be paid out to the appellant. |
| (4) If all the parties do not consent to the intended withdrawal of the appeal, the appeal shall remain on the list, and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties, and for the making of an order as to the disposal of any sum lodged in Court as security for the costs of the appeal. |
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| General powers of Court (O. 55D, r. 11) |
11.—(1) The High Court shall have power to receive further evidence on questions of fact, either by oral examination in the High Court, by affidavit, or by deposition taken before an examiner, but, in the case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of trial or hearing) shall be admitted except on special grounds.| (2) The High Court shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require. |
(3) The powers of the High Court under paragraphs (1) and (2) may be exercised notwithstanding that —| (a) | no notice of appeal has been given in respect of any particular part of the decision of the Court below or by any particular party to the proceedings in that Court; or | | (b) | any ground for allowing the appeal or for affirming or varying the decision of that Court is not specified in any of the Cases filed pursuant to Rule 7 or 9, |
| and the High Court may make any order, on such terms as the High Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties. |
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| (4) The powers of the High Court in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal. |
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| Powers of Court as to new trial (O. 55D, r. 12) |
12.—(1) On the hearing of any appeal, the High Court may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside any finding or judgment of the Court below.| (2) The High Court shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the High Court some substantial wrong has been thereby occasioned. |
| (3) A new trial may be ordered on any question without interfering with the finding or decision on any other question. |
| (4) If it appears to the High Court that any such wrong as is mentioned in paragraph (2) affects part only of the matter in controversy, or one or some only of the parties, the High Court may order a new trial as to that part only, or as to that party or those parties only, and give final judgment as to the remainder. |
(5) In any appeal on the ground that damages awarded are excessive or inadequate, the High Court may, in lieu of ordering a new trial —| (a) | substitute for the sum awarded such sum as appears to the High Court to be proper; or | | (b) | reduce or increase the sum awarded by such amount as appears to the High Court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded, |
| but except as aforesaid the High Court shall not have power to reduce or increase the damages. |
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| (6) A new trial shall not be ordered by reason of the ruling of any Judge that a document is sufficiently stamped or does not require to be stamped. |
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| Stay of execution, etc. (O. 55D, r. 13) |
13.—(1) Except so far as the Court below or the High Court may otherwise direct —| (a) | an appeal shall not operate as a stay of execution or of proceedings under the decision of the Court below; | | (b) | no intermediate act or proceeding shall be invalidated by an appeal. |
| (2) On an appeal, interest for such time as execution has been delayed by the appeal shall be allowed unless the High Court otherwise orders. |
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| Extension of time (O. 55D, r. 14) |
| 14. Without prejudice to the power of the High Court under Order 3, Rule 4, to extend the time prescribed by any provision of this Order, the period for filing and serving the notice of appeal under paragraph (1) of Rule 4 may be extended by the Court below on application made before the expiration of that period. |
| Appellant or respondent not appearing (O. 55D, r. 15) |
15.—(1) If on any day fixed for the hearing of an appeal, the appellant does not appear in person or by an advocate, the appeal may be dismissed.| (2) If the appellant appears, and any respondent fails to appear, either in person or by an advocate, the appeal shall proceed in the absence of such respondent, unless the High Court for any sufficient reason sees fit to adjourn the hearing thereof. |
| (3) Where any appeal is dismissed or allowed under paragraph (1) or (2), the party who was absent may apply to the High Court for the re-hearing of the appeal and where it is proved that there was sufficient reason for the absence of such party, the High Court may order that the appeal be restored for hearing upon such terms as to costs or otherwise as it thinks fit. |
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| Expedited appeals (O. 55D, r. 16) |
16.—(1) Where an appeal is one of urgency, any party may apply to a Judge of the High Court for such directions as may be appropriate with a view to expediting the appeal.| (2) Such an application shall be made by summons supported by affidavit or may, with the leave of the Judge of the High Court, be made orally. |
| (3) Such an application may be made at any stage of the proceedings. |
(4) The Judge of the High Court may deal with such an application in such manner as he considers fit in the interests of justice, including —| (a) | making directions without the need to inform or to hear any party; and | | (b) | dispensing with compliance with any of these Rules (including this Rule) or any Practice Direction, or directing that such Rule or Practice Direction be modified in its application to the proceedings. |
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| (5) Any party seeking a revocation or variation of any directions made under this Rule, or seeking further directions, may apply in the manner hereinbefore provided. |
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| Judgment or order on appeal to be sent to Registrar (O. 55D, r. 17) |
| 17. Whenever an appeal is decided by the High Court, the Registrar of the Supreme Court must send to the Registrar a certified copy of the judgment or order. |
| Enforcement of judgments which have been the subject-matter of an appeal (O. 55D, r. 18) |
| 18. The taking of any steps for the execution or enforcement of a judgment or order which has been the subject-matter of an appeal must be in the Subordinate Courts. |
| Interpretation (O. 55D, r. 19) |
| 19. In this Order, “Court” means the Subordinate Courts and “Registrar” means the Registrar of the Subordinate Courts.”. |
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