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               COURT APPEAL RULES

               1997

        

C.I 19 

COURT OF APPEAL  RULES, 1997

PART IV -MISCELLANEOUS PROVISIONS

61. Vacations of the Court

The following periods shall be observed in the Court as vacations-

 (a) the period commencing on the Tuesday immediately following Easter Monday in each year and ending on the Friday immediately following;

 

(b) the period commencing on the 1st day of August in each year and ending on the last day of September in that year; and

 

(c) the period commencing on the 24th day of December, in each year and ending on the 6th day of January in the year immediately following

 

 

62. Proceedings on reference

(1) When an order of reference is made by the Court to a Special Commissioner, the Court shall specify in the order-

(a) the question being referred;

(b) the person to whom as Special Commissioner the question is referred;  

(c) whether the appellant or respondent or any other person on their behalf may be present at any examination or investigation or at any stage of the 1 examination as may be ordered; and

(d) which powers of the Court are delegated to the Special Commissioner.

 

(2) The Court may require the Special Commissioner to-

(a) make interim reports to the Court on the question referred:

 

(b ) permit an appellant in custody to be present at any stage of the examination or investigation and give the necessary directions to the prison authority:

 

(c) give directions to the Registrar that copies of any report made by the Special Commissioner shall be furnished to the appellant and respondent.

63. Waiver of non-compliance Rules

When a party to any proceedings before the Court fails to comply with these rules or with the terms of any order or directions given or with any rule of practice or procedure directed or determined by the Court, the failure to comply shall be a bar to the further prosecution of proceedings unless the Court considers that the non-compliance should be waived.

64. Costs of appeal

 The award of costs on the determination of any matter shall be at the discretion of the Court.

 

65. Waiver of Gazette notification

The Chief Justice may in writing under his hand upon written representation made to him, waive Gazette notification and direct a case to be heard as soon as practicable j where delay in the hearing of the case may cause miscarriage of justice to any of the parties.

 

66. Pronouncement of judgment of the Court

            (I) At the conclusion of any matter before the Court, each Judge shall be at liberty to express his opinion on the matter.

           

            (2) The judgment, order or decree of the Court shall be pronounced by the presiding Judge or any other Judge of the Court hearing the matter as the presiding Judge may direct.

 

            (3) The opinion of each Judge of the Court shall be handed over to the Registrar  and copies shall be given to the parties or their counsel immediately upon the delivery of the judgment.

 

67. Interpretation

In these Rules unless the context otherwise requires-

 

"appellant" means the party appealing from a judgment, order or decree  

of ..a court below and his counsel;

 

"Court" means the Court of Appeal;

 

"court below" means the court from which the appeal is brought;

 

" party " means any party to the appeal and includes his counsel;

 

" record "means - the aggregate of papers relating to 811 appeal including  the pleading, proceedings, evidence and judgment to be laid before the Court of Appeal on the hearing of the appeal;

 

"Registrar" includes the Judicial Secretary, the Deputy Judicial Secretaryand the Registrar of the Court;

 

 " respondent" means-

 

(a) in a civil appeal, any party other than the appell811t directly affected by the appeal;

 

(b) in a criminal appeal, the Republic or the person who undertakes the defence of the judgment appealed against; and ;) counsel for a party mentioned in (a) and (b).

68. Revocation

 The following instruments are hereby revoked-

Court of Appeal Rules, 1962 (L.I. 218);

Court of Appeal (Legal Vacation) (Amendment) Rules, 1967 (L.I. 547);

Court of Appeal (Amendment) Rules, 1969 (L.I.618);

Court of Appeal (Amendment) Rules, 1975 (L.I. 1002);

Court of Appeal (Amendment) Rules, 1977 (L.I. 1128).

 

 

 

 

 

 

 

 

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