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
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
(1) 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
Secretary
and the Registrar
of the Court;
"respondent" means
-
(a) in a civil
appeal, any party
other than the
appellant 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 ;
(c) 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)