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C.
I.
21
IN
exercise of the powers conferred on tile Rules
of Court Committee by article 157(2) of the
Constitution these Rules are made this 9th day
of March, 1998. Amendment of C.J.19-
The
Court of Appeal Rules, 1997 (C.I. 19) is.
amended as follows-
(a)
in
rule 2( 1) by the insertion after "Gazette ,. Of
"and within the precincts of the Court"
(b)
by
the renumbering of subrule (4) of rule 2 as
subrule (5) and the insertion of the following
subrule (4)-
"(4) Notice of hearing by the Court of any cause
or matter shall be by publication Within the
precincts of the Coul1 and by service of notice
on the parties or their counsel."
(c)
in rule 8 subrule (2)(d) by the insertion after
"addresses" of "for service within the
jurisdiction";
(d)
in
rule 9 by the deletion of sub rule (6) and the
insertion of the following- "(6) Where the
extension of time is granted, the notice of
appeal shall indicate the date of the grant and
the judge or the court by which the grant is
made.";
(e) in rule 1O(1)-
(i)
by renumbering subrule 1O( I) as rule 10 and by
the insertion immediately after "appeal" at the
end of "and shall thereafter issue a certificate
of service of notice of the appeal as in Form 4
in Part I of the Schedule";
(ii) by the deletion of sub rule (2); ,
(f)
in
rule 14-
(i) by the substitution for "five" in
subrule (] )(c) of "four"; and
(ii) by the substitution for "Form 4" in
subrule (2) of ' 'Form 6'.:
(g)
in rule 16( 1) by the deletion of all words
after "Schedule":
(h)
in rule 17 by the renumbering of subrule (4) as
subrule (5) and the insertion of the following-
"(4) Notwithstanding the dismissal of an
appeal consequent upon a notice of withdrawal
under subrule (I) a respondent who has filed a
notice of intention to contend that the decision
of the court below be varied shall be entitled
to pursue his contention as if it were an
appeal";
(i)
in rule 20-
(i)
by the substitution for subrule (I) of the
following-
20. (i) An appellant shall within 21
days of being notified in Form 6 set out in Part
I of the Schedule that tile record is ready, or
within such time as the Court may upon terms
direct, file with the Registrar a written
submission of his case based on. the grounds of
appeal as set out in tile notice of appeal."
(ii) by the substitution for "three weeks.' in
subrule (4) of "21 days";
(iii) by the insertion ofsubrules (10) and (11)
as follows-
"(I0) This rule shall apply to criminal appeals
with such modifications as may be necessary.
(11) Notwithstanding any provision of this rule
to the contrary, the Chief Justice or the Court
may 011 an application by any of the parties
waive the requirement for the filing of written
submission under this rule.";
(11) in rule 21 by the deletion of "After an
appeal has been entered and until it has finally
been disposed of' and the insertion of" After
the record of appeal has been transmitted from
the court below to the Court";
(k)
in
rule 25(2) by the deletion of "and re-hear" and
the insertion after 'judgment" in line one of
"and re-hear";
(/)
by the insertion of rule 27 A as follows- "27 A.
Interlocutory appeals-
The
Court may in any interlocutory appeal, civil or
criminal before it. grant stay of proceedings
pending the determination of the interlocutory
appeal subject to such terms as the Court
considers fit."
(m)
in
rule 31 by the relettering of paragraphs (t'),
(d) and (e) as paragraphs (d), (e) and (f) and
the insertion of the following paragraph-
"(c)
The
Court may also direct a notice of appeal to be
served on all or any of the parties to the
action or other proceedings or on any person not
a party, and may adjourn the hearing of the
appeal upon such terms as may be just, and also
make any order as if the person served with the
notice had originally been a. party to the
appeal.";
(n)
in Part f of the Schedule-
(i)
in Civil Form I by the insertion after
"addresses" of "for service within the
jurisdiction';
(ii) in Civil Form 4 by the deletion of"14(2)"
and the insertion of'.' 10";
and
(iii) in Civil Form6 by the deletion of
"20())"and the insertion of" l 4(2)".
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