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               COURT APPEAL RULES

               1997

        

C.I 19 

COURT OF APPEAL  RULES, 1997

SCHEDULE

 

PART I - CIVIL FORMS

 

CIVIL FORM I

.

IN THE COURT OF APPEAL

 

NOTICE OF APPEAL

 

 (Rule 8(3)

 

Between                                                                                                       Plaintiff                                                                                                                                                       

and

                                                                                                          Defendant

 

TAKE NOTICE that the plaintiff/defendant who is dissatisfied with the decision/ that part of the decision more particularly stated in paragraph 2 of the       Court contained in the judgment/order of          dated the        day of        appeals to the Court of Appeal on the grounds set out in paragraph 3 and will at the hearing of the appeal seek the relief set out in paragraph 4.

 

And the appellant further states that the names and addresses for service within the jurisdiction of the persons directly affected by tl1e appeal are those set out in paragraph 5.                                     (insert: CI 21/98 r. (n))

 

2. Part of decision of the lower Court complained of

 

3. Grounds of appeal

                                   (1) 

                                   (2)

                                   (3)

.

4. Relief sought from the Court of Appeal

 

5. Persons directly affected by the appeal

 

Name                                      Address

 

(1)

(2)

     (3)

     

Dated this                                day of

                                                                                                         Appellant

(1) Strike out words inapplicable.

(2) If appealing against the whole decision insert "whole decision".

 

 

 

COURT OF APPEAL RULES, 1997

 

 

CIVIL FORM 2

IN THE COURT OF APPEAL

SUMMONS TO PARTIES BY REGISTRAR TO SETTLE RECORD

(Rule 11(1))

 

Between                                                                                                   Appellant

and

                                                                                           Respondent

 

TAKE NOTICE that all parties concerned are required to attend before me at the

Court Office at            on the        day of            at       O'clock in the forenoon to settle the record of appeal

 

           Dated this                          day of

 

 

Registrar …………………

To:

 

 

 

COURT OF APPEAL RULES, 1997

CIVIL FORM 3

IN THE COURT OF APPEAL:

BOND FOR COSTS ON APPEAL

(Rule]2)

Be informed, that we                                 of                            and

                                   of                                                          are jointly and severally

responsible and have a duty to                                                              in the sum of

                  cedis to be paid to the said                                      which payment we bind ourselves and each of us for himself. Accordingly our heirs; executors and administrators, are hereby informed sealed with our seals.

 

            Dated this                day of                       , in the year,

Whereas a suit is now pending in the court at                               in which the person bound above is plaintiff and                                     is defendant.

And whereas a judgment was given by the court                              on the             day of               for the said                                     and the said has filed

Notice of Appeal against that judgment;

And whereas it is provided by law that the party appealing shall give security to the satisfaction of the Registrar of the court below for the prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the appellant.

And whereas the above-named                               and

at the request of                                have agreed to enter into this obligation for the purpose stated:

Now the condition of this obligation is that if                            prosecutes the appeal and if the persons bound above or any or either of them pays any costs which may be ordered to be paid by the appellant, this obligation shall be void, but shall otherwise remain in force.

 

Signed., sealed and ]                                                                            (L.S.)

delivered in the        ]                                                                             (L.S.)

presence of              ]                                                                             (L.S.)

 

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 4

 

IN THE COURT OF APPEAL

 
CERTIFICATE OF SERVICE OF NOTICE OF APPEAL

 

(Rule 10)

(amend: CI 21/98 r. (n))

 

Between                                                                                                 Appellant(s)

 

and

 

                                                                                                               Respondent(s)

 

I, the undersigned Registrar of the Court do certify that notice of appeal in the case named above was duly served on the respondent.

 

Dated at                 this                                       day of

 

Registrar……………

Court below

 

 

The Registrar

Court of Appeal.

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 5

 

IN THE COURT OF APPEAL

 

CERTIFICATE OF REGISTRAR THAT CONDITIONS OF APPEAL

HAVE BEEN FULFILLED

(Rule 14(1)(b)

Between                                                                                              Appellant

and

                                                                                                            Respondent

I, the undersigned Registrar of the Court certify that the appellant named above has complied punctually with the conditions of appeal imposed on him in the case named above.

Dated this                                       day of

Registrar ………………

THE REGISTRAR

COURT OF APPEAL

 

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 6

 

IN THE COURT OF APPEAL

 

NOTICE TO PARTIES OF DISPATCH OF RECORD

 

 (Rule 14(2)   (Amend: C.I. 21/98 r (n)

 

Between                                                                                             Appellant

and

Respondent

 

TAKE NOTICE that the record in the appeal named above has been forwarded today to the Registrar of the Court of Appeal.

Registrar,…………………….

To:

 

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 7

 

IN THE COURT OF APPEAL

 

NOTICE BY RESPONDENT OF INTEN1ION TO CONTEND THAT DECISION OF COURT BELOW BE VARIED

 

(Rule 15(1))

 

Civil  Appeal No…………

 

Between                                                                                                         Appellant

 

And

 

Respondent

 

TAKE NOTICE that on the hearing of the above appeal the respondent intends to contend that the decision of the court below dated the day of shall be varied as follows-

 

(1)

 

AND TAKE NOTICE that the grounds on which the respondent intends to rely are as follows—

 

1.

2.

3.

 

Dated this                            day of

 

RESPONDENT

_________________________________________________________________

 (1) State the variation, which will be asked for.

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 8

 

IN THE COURT OF APPEAL

 

NOTICE BY RESPONDENT OF INTENTION TO RELY UPON

PRELIMINARY OBJECTION

 

(Rule 16(1))

 

Civil Appeal No………..

 

Between                                                                                                         Appellant

 

And

 

Respondent

 

TAKE NOTICE that tile respondent named above intends, at tile hearing of his appeal, to rely on the following preliminary objection of which notice is given to you;

AND TAKE NOTICE that the grounds of the objection are as follows-

(1)

(2)

(3)

 

Dated this                                                      day of

 

Plaintiff/Defendant-Respondent ,

 

To the above-named Plaintiff/Defendant/Appellant,

His Solicitor or Agent of

 

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 9

 

IN THE COURT OF APPEAL

 

NOTICE OF WITHDRAWAL OF APPEAL

 

(Rule 17(4))

 

Civil Appeal No………

Between                                                                                                         Appellant(s)

 

And

 

Respondent(s)

 

TAKE NOTICE that the appellant(s) intend(s) and wholly withdraw(s) his/their appeal completely against (all) the respondent(s) in the appeal mentioned above.

 

Dated at                        this                                   day of

 

Appellant(s)

 

THE REGISTRAR,

COURT OF APPEAL.

And to

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 10

 

IN THE COURT OF APPEAL

 

CERTIFICATE BY REGISTRAR OF WITHDRAWAL OF APPEAL

 

(Rule 17(.4))

 

Civil Appeal No……………

 

Between                                                                                                         Appellant(s)

 

And

 

Respondent(s)

 

I CERTIFY that the appellant(s) in the above-mentioned appeal has/have on the day of                             filed notice of withdrawal of this appeal.

 

Dated at                    this day of

 

Registrar of Court.

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 11

 

IN THE COURT OF APPEAL

 

CERTIFICATE AS TO NON-COMPLIANCE WITH CONDITIONS

IMPOSED UPON A WOULD-BE APPELLANT

 

(Rule 18(4))

 

Between                                                                                 Plaintiff(s)/ Appellant(s)

 

And

 

Defendants(s)/Respondent(s)

 

Pursuant to rule 18(4) of the Court of Appeal Rules, 1997 I certify that the appellant(s) in the cause nan1ed above has/have not complied with the requirements of rules 11(4) and 12.

 

Dated at                            the                             day of

 

Registrar ………………. Court.

 

THE REGISTRAR,

COURT OF APPEAL.

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 12

 

IN THE COURT OF APPEAL

 

FORM OF DECLARATION THAT A PARTY DOES NOT WISH TO BE PRESENT OR REPRESENTED AT HEARING OF APPEAL

 

(Rule 22)

 

Civil Appeal No………

 

Between                                                                                                         Appellant

 

And

 

Respondent.

 

I,                            appellant/respondent declare that I do not wish to be present in person or by counsel on the hearing of the appeal mentioned above but desire to submit the following arguments for the consideration of the Court-

 

                  Dated this              day of

 

Appellant/Respondent

 

 

 

 

COURT OF APPEAL RULES. 1997

 

CIVIL FORM 13

 

IN THE COURT OF APPEAL

 

NOTICE OF TAXATION

 

(Rule 35(5))

 

Civil Appeal No………………

 

Between

 Appellant

 

And

 

     Respondent.

 

TAKE NOTICE that the Bill of Costs of the                       will be taxed on           the             day of                                        at      the hour of                                 even if you are absent.

            Dated at               this                             day of

 

Taxing Officer 

 

TO THE ABOVE-NAMED

of                            and

 

                                  of

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 14

 

IN THE COURT OF APPEAL

 

BILL OF COSTS

 

(Rule 35(5))

 

            Civil Appeal No ……

 

Title of Cause: -

 

………………………………            Appellant

 

………………………………            Respondent.

 

Bill of Cost of:

 

Date of judgment:

 

Date for appearance:

 

Date on which the cause was in the list:

 

No. of Item

Particulars

Claimed

     Allowed

 

 

 

 

 

 

 

 

 

 

Taxed at

Allowed at

 

 

                                                                                    Signature of Taxing Officer

_________________________________________________________________

Note - Every Bill of costs must be delivered in duplicate on this Form to the Registrar who will on request deliver one of the copies to the opposite party. Every payment included in the bill including allowances to witnesses, must be proved either by receipts or by the verbal admission of the payee to the Registrar or by an affidavit or otherwise to the, satisfaction of the Registrar.

 

COURT OF APPEAL RULES, 1997

 

CIVIL FORM 15

 

IN THE COURT OF APPEAL

 

CERTIFICATE OF THE ORDER OF THE COURT

 

(Rule 37)

 

Appeal from the                                                         of the

dated the        day of

Motion

Civil Appeal No ……

 

                                                                                                            Appellant

 

Seal                                                                                and

 

Respondent.

………………………… (1)

 

This appeal coming on for hearing on the                day of

 

   before                      in the presence of                                         for

 

the appellant, and                                                          for the respondent.

I CERTIFY that an Order was made as follows-

GIVEN UNDER my hand and the Seal of the Court of Appeal

this                  day of

Registrar.

 

 

 

 

 

COURT OF APPEAL RULES. 1997

 

PART II-CRIMINAL FORMS

 

CRIMINAL FORM 1

 

IN THE COURT OF APPEAL

 

NOTICE OF APPEAL - AGAINST A CONVICTION

 

(Rule 38)

 

THE REPUBLIC v:

 

TO THE REGISTRAR OF THE

I,                                                                      having been convicted of the offence

of (Here state the offence e.g. stealing, murder, forgery)

 

and now a prisoner at

 

or now living at (Where appellant is for any reason not in custody)

                                                                    do give you Notice of Appeal against

 my conviction.

 

(Here state as clearly as you are able the questions of law on which you desire to appeal)

 

(Signed)

(or mark)

Appellant.

                         

Signature and address of witness

attesting mark

PARTICULARS OF TRIAL AND CONVICITION

Fill in these particulars

1. Date of trial

2. In what Court tried

3. Sentence

4. Whether above questions of law were raised at the trial

_______________________________________________________________

N.B.--The Court will, if you want, consider your case and argument if put into writing by you or on your behalf, instead of your case and argument being presented orally. If you want to present your case and argument in writing, set out here as fully as you think right your case and argument in support of your appeal.

.

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 2

 

IN THE COURT OF APPEAL

 

APPEAL AGAINST SENTENCE

 

(Rule 38; 45)

 

THE REPUBLIC V

 

TO THE REGISTRAR OF THE

 

I,                                                              having been convicted of the offence

of (Here state the offence e.g. stealing, murder, forgery)                                       and now a prisoner at (Where appellant for any reason not in custody) (or now living at                   ) DO GIVE YOU NOTICE that I want to appeal against the sentence of   (Here set out the grounds on which you desire to question the sentence)

passed on me for the offence of the

following grounds-

 

 Signature and address of witness

attesting mark,

(Signed) 

(or mark)

Appellant

 

PARTICULARS OF TRIAL AND CONVICITION

Fill in these particulars

 

 1. Date when sentence passed.

 2. In which court tried.

________________________________________________________________

N.B.- The Court will, if you want, consider your case and argument if put into writing by you or on your behalf instead of your case and argument being presented orally. If you want to present your case and argument in writing, set out here your case and argument in support of your appeal

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 3

 

IN THE COURT OF APPEAL

 

NOTICE OF APPLICATION FOR EXTENSION OF THE TIME

WITHIN WHICH TO APPEAL

 

(Rule 40)

 

THE REPUBLIC V

 

TO THE REGISTRAR OF THE

 

I,                                                              having been convicted of the offence

 

of (Here state the offence e.g. staling, murder, forgery)                              in the                      Court

 

held at                                on the day of and now a                         prisoner

at                         (or now living at (Where the appellant for any reason not in custody)

(                           ) give you notice that I apply to the Court for an extension of time within which I may give Notice of Appeal on the grounds following- (Here set out clearly and concisely the reason for the delay in giving the notice and grounds on which you submit the court should extend the time

(Signed)

(or mark)

Applicant

Signature and address of witness

 

                           attesting mark

Dated this                                          day of

 

You are required to send to the Registrar of the Court Form 1 or 2 completed, together with this notice.

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 4

 

IN THE COURT OF APPEAL

 

NOTIFICATION TO APPELLANT OF A SINGLE JUDGE'S DECISION

 

(Rule 43(1))

 

THE REPUBLIC V

 

I give you notice that a Judge of the Court of Appeal                           has considered your application(s) for-

(a) extension of time within which notice of appeal may be given;

(b) admission to bail;

(c) leave to withdraw abandonment of appeal; has

refused the application(s) marked                              (and has granted your application(s) marked

 

 

If you desire to have the application(s) which has been refused, determined by the full Court, you are required to complete the enclosed form and return it to me.

 

Dated this day of

 

(Signed)

Registrar, Court of Appeal

 

TO THE ABOVE-NAMED

 

 

PATICULARS OF TRIAL AND CONVICTION

Fill in all particulars

1. Date of trial.

2. In what court tried.

3. Sentence.

______________________________________________________________

N.B-The Court will, if you want it, consider your case and argument if put into writing by you or on your behalf instead of your case and argument being presented orally. If you want to present your case and argument in writing set out here as fully as you think right your case and argument in support of your appeal.  You must send to the Registrar of the court of trial the certificate of the Judge who tried you and this Notice.

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 5

 

IN THE COURT OF APPEAL

 

NOTICE OF APPEAL BY APPELLANT FROM REFUSAL OF

A SINGLE JUDGE

 

(Rule 43(2) and (3))

 

THE REPUBLIC v:

 

I,                                                          having been convicted of

in         the                   Court at          and desire      to appeal to the Court against my conviction (or the sentence of passed on me on my conviction) give notice that I do/do not intend to prosecute my application(s) before the full Court.

 

(Signed)

(or mark)

 

Signature and address of

witness attesting mark.

 

Dated this day of

 

TO THE REGISTRAR OF THE COURT OF APPEAL

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 6

 

IN THE COURT OF APPEAL

 

NOTICE BY APPELLANT OF ABANDONMENT OF APPEAL

 

(Rule 44(1)

 

THE REPUBLIC V

 

I,                                              having been convicted of                             in the Court                            at                         and having been desirous of appealing to the Court against my conviction (or the sentence of                         passed on me on my conviction) give notice that I do not intend to prosecute my appeal further, and that I abandon all further proceedings in regard to the appeal from this date.

 

(Signed)

(or mark)

 

Signature and address of witness

attesting mark.

.

Dated this            day of

 

TO THE REGISTRAR OF THE COURT OF APPEAL

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 7

 

IN THE COURT OF APPEAL

NOTIFICATION OF ABANDONMENT OF APPEAL

(Rule 44(2)(a))

 

THE REPUBLIC V

 

……………………………………………………………………. (1)

To: ………………………………………………………..

 

This is to give you notice that I have this day received from                     a notice of abandonment of all proceedings in regard to this appeal to the Court. The notice is dated day of

By rule 44(1) of the Court of Appeal Rules, 1997 upon the notice of abandonment given the appeal shall be deemed to have been dismissed by the Court.

 

Dated this day of

 

Registrar of the Court.

_________________________________________________________________

(1) Send copies addressed to

:           (a) The Attorney-General or other respondent.

(b) The Prison authority and

(c) The Registrar of the court below

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 8

 

IN THE COURT OF APPEAL

 

NOTICE OF APPLICATION FOR LEAVE TO WITHDRAW

ABANDONMENT OF APPEAL

 

(Rule 45)

 

THE REPUBLIC v:

 

TO THE REGISTRAR, COURT OF APPEAL

 

I,                                                                                              convicted of the

(Here state the offence e.g. stealing, forgery) offence of                       and now a prisoner at                 (or now living at                                               and having duly sent a notice that I want to appeal to the Court of Appeal and having abandoned my appeal:

Give you Notice, that I apply to the Court of Appeal for leave to with withdraw my notice of abandonment, in the special circumstances following –

. (Here set out as clearly as possible the special reasons for giving the notice, and the grounds on which you submit the Court should allow you to withdraw the abandonment)

 

 

 

 

 

(Signed)

(or mark) ...

             Applicant.

Dated this day of

 

N.B.-Form 3 must be filled up and sent with this notice to the Registrar.

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 9

 

IN THE COURT OF APPEAL

 

RECOGNIZANCE OF APPELLANT SENTENCED

TO PAYMENT OF A FINE

 

(Rule 46(4))

 

THE REPUBLIC V

 

Whereas                                of                                 was on the day of convicted of

(Here fill in the court of trial).                                                                 and was then sentenced to pay the sum of                 as a fine for his offence by the            and has intimated to the court that he desires to appeal against his conviction.

And whereas the court considers that the appellant may in lieu of payment on his conviction of the sum, be ordered to enter into recognizance of bail himself in the sum of      and with sureties, each in the sum of               to prosecute his appeal before the Court.

                                                hereby acknowledges that he owes the Republic the sum of                to be made from a levy of his goods and possessions, lands and other property for the use of the. Republic, if he fails to comply in the condition endorsed.

Acknowledged this               day of                          at the said Court, at and before the Judge of the said court

(Signed)

 

CONDITION

The condition of the recognizance is that if the said                     of                     personally appears and is present himself before the Court and at each hearing of his appeal to the Court and at the final determination of the appeal and prosecutes his appeal and abides by the judgment of the Court, and does not leave or is not absent from the Court, at any hearing without leave of the Court, and pays the sum of           or whatever sum as the Court orders then this recognizance shall be void, otherwise it shall be of full force and effect.

 

 

 

COURT OF APPE4L RULES, 1997

 

CRIMINAL FORM 10

 

IN THE COURT OF APPEAL

 

RECOGNIZANCE OF SURETIES FOR APPELLANT

SENTENCED TO A FINE

 

(Rule 46(4)

 

THE REPUBLIC v:

 

On the            day of                              and of                            personally came before  (Here fill name of court) the                               and severally acknowledged that they owe the Republic the following amounts in the sum of                       and the sum of   respectively to be paid by a levy of their goods and possessions, lands and other property to be used by the Republic if he                                     and now before the Court fail hereon to comply with the condition endorsed.

Taken and acknowledged before the Court on day          of

 

(Signed)

 

CONDITION

 

The condition of the Recognizance is that whereas the said                     of              

                             has been convicted of the offence of                        and has been sentenced to pay a fine of           for his offence and has now intimated that he wants to appeal on a question of law alone (or with the certificate of the Judge of this Court) against the conviction and has in lieu of payment of the sum of         

                    been ordered to enter into  recognizance of bail himself in the sum of               and be with sureties in the sum of            and has been ordered to be present at Court at each hearing of his appeal and at the final determination of the appeal and to prosecute his appeal and abide by the judgment of the Court, and not leave or be absent from the Court at any hearing without leave of the Court, if he fails to comply with these conditions the recognizance shall be void, otherwise it shall be of full force and effect.

 

 

 

CRIMINAL FORM 11

 

IN THE COURT OF APPEAL

 

NOTICE OF BREACH OF HIS RECOGNIZANCES TO APPELLANT SENTENCED TO A FINE

 

(Rule 46(6)

 

THE REPUBLIC V:

 

TO THE ABOVE-NAMED

 

WHEREAS you were convicted on the          day of                           the offence of and were sentenced to the payment of                  and in default of the payment to imprisonment, and you entered into recognizances in the sum of              , with sureties in the sum of             each, to prosecute your appeal, and whereas ten days have elapsed since your conviction, and no notice of appeal has been served by you, now I give you notice that unless you attend at the sitting of the Court to be held on the             day of          and show good cause to the contrary, the Court may order an estreat of your recognizances and those of your sureties, or may otherwise deal with you according to law.

 

 

(Signed)

 

Registrar of the Court of Appeal

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 12

 

IN THE COURT OF APPEAL

 

NOTICE TO SURETY FOR APPELLANT OF ESTREAT OF

RECOGNIZANCES

 

(Rule 46(6)

 

THE REPUBLIC v:

 

TO                                                                               (Here fill in surety's name and address)

of

 

WHEREAS you became bound in recognizances as surety, for                      who has been convicted of and for his offence has been fined the sum of

and whereas                                               should duly prosecute an appeal in relation to his conviction before the Court, and whereas has not prosecuted his appeal, now I give you notice that at the sitting of the Court                         on your recognizance may be ordered to be estreated, unless you at that time show good cause to the contrary.

 

 

(Signed)

Registrar of the Court of Appeal

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 13

 

IN THE COURT OF APPEAL

 

RECOGNIZANCE OF BAIL OF APPELLANT

 

(Rule 53(3)

 

THE REPUBLIC V:

 

WHEREAS                 was convicted of                                   on the                 day

of                                          ,(and was sentenced to ), and is now in lawful custody at              and has appealed against his conviction (and sentence) to the Court and has applied for bail pending the determination of his appeal, and has been granted bail entering into his own recognizances in the sum of                       (with sureties each in the sum of                      (State office)                        acknowledges that he owes the Republic the sum of                             to be paid by a levy of his goods and possessions, lands and other property for use of the Republic if he fails to comply with the condition endorsed.

 

Taken and acknowledged this               day of

(State office)                      at

 

before me.

 

 

CONDITION

The condition of the Recognizance is that if                                              appears personally and surrenders himself before the Court at each and every hearing of his appeal and at the final determination of the appeal and abides by the judgment of the Court and does not leave or is not absent from Court at any hearing without the leave of the Court, does not leave from his usual place of abode without the leave of the Court, this recognizance shall be void, otherwise it shall be of full force and effect.

The following to be completed by the appellant and signed by him-

 

When released on bail my residence, to which any notices, are to be addressed, will be as follows-

 

 (Signed)

Appellant.

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 14

 

IN THE COURT OF APPEAL

 

RECOGNIZANCE OF APPELLANT'S SURETIES

 

(Rule 53(3)

 

THE REPUBLIC v:

 

On this            day of

of

and                                                      of

.came before me the undersigned being the

and severally acknowledged themselves to owe to the

Republic the several sums the sum of

and                                                                  the sum of

to be paid by a levy of their goods and possessions, lands and other property, for the use of the Republic, if                                        now in lawful custody at ,                     fails to comply with the condition endorsed.

 

Taken and acknowledged before me the undersigned, the

day of

 

CHAIRMAN, COMMUNITY TRIBUNAL

 

 

CONDITION

The condition of the recognizance is that whereas            has been convicted of and is now in such lawful custody (under a sentence of for the offence), has duly appealed to the Court against his conviction (and sentence,) and has applied to the Court for bail, pending the determination of his appeal, has been granted bail on entering into recognizances in the sum of       with sureties each in the sum of             if the                  personally appears and surrenders himself before Court and at the final determination of the appeal and abides by the judgment of the Court, and does not leave or is not absent from the Court at any hearing of the appeal without the leave of the Court, and does not leave his usual place of abode without the leave of the Court, this recognizance shall be void, otherwise it shall be of full force and effect.

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 15

 

IN THE COURT OF APPEAL

 

WARRANT FOR ARREST OF APPELLANT ON BAIL

 

(Rules 53(6) and (8))

THE REPUBLIC v:

 

TO THE                           OFFICERS OF THE POLICE SERVICE                         (a) State office.) (or as the case may be),

 

AND TO THE (a)                                           OF PRISON

AT

 

WHEREAS                                                                               an appellant in Court has been released on bail, and it has now been ordered by the Court that a warrant be issued for the apprehension of the

You police officers (or as the case may be) are to apprehend and to bring him to the

 

.           (a)  State office)         of the prison and deliver him with this warrant into the custody of                           and you                                are required to receive into

your custody                                          in prison and keep him safely there until the further order of the Court.

Presiding Judge

Dated this                 day of

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 16

 

IN THE COURT OF APPEAL

 

NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION

 

(Rule 54(1))

 

THE REPUBLIC V

,

TO THE ABOVE-NAMED APPELLANT

This is to give you notice that the Court has considered the matter of your

application for-

 

(a) leave to extend the time within which to give notice of appeal;

(b) admission to bail;

(c) leave to withdraw abandonment of appeal; and has finally determined

the application and has given judgment to the following effect-

Registrar of the Court of Appeal

Dated this                day of

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 17

 

IN THE COURT OF APPEAL

 

NOTICE TO AUTHORITIES OF RESULT OF APPLICATION

 

(Rule 54(1))

 

THE REPUBLIC V

 

TO

 

………………………………………………………………………………………(1)

 

This is to give you notice that the appellant mentioned above has applied for-

(a) leave to extend the time within which you give notice of appeal;

(b) admission to bail;

(c) leave to withdraw abandonment of appeal;

and the Court has today finally determined the application and has given judgment to the following effect-

 

Registrar of the Court

 

Dated this                  day of

 

_________________________________________________________________

 (1) Send copies addressed to-

(a) The Attorney-General or other respondent.

(b) The Prison Authority and

(c) The Registrar of the Court.

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 18

 

IN THE COURT OF APPEAL

NOTIFICATION TO APPELLANT OF THE RESULT OF HIS APPEAL

(Rule 54(1))

 

THE REPUBLIC v:

 

TO THE ABOVE-NAMED APPELLANT

 

This is to give you Notice that the Court has considered the matter of your appeal and has finally determined the appeal and given judgment to the following effect-

 

 

Registrar of the Court of Appeal

 

Dated this      day of

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 19

 

IN THE COURT OF APPEAL

 

NOTICE TO REGISTRAR OF COURT BELOW OF THE RESULT OF

THE APPEAL

 

(Rule 55(1))

 

THE REPUBLIC v:

 

TO

………………………………………………………………………(1)

This is to give you notice that the appellant named above has appealed against his conviction of the offence of                                          before the Court, and appealed against the sentence of                                            passed on him for                the offence of             by the                                      Court, and that the Court has finally determined the appeal, and has today given judgment to the following effect:

(Signed)

Registrar of the Court

 

Dated this                  day of

 

_____________________________________________________________

 (1) Send copies addressed to-

(a) The Attorney-General or other respondent.

(b) The Prison authority and

(c) The Registrar of the Court below.

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 20

 

IN THE COURT OF APPEAL

 

ORDER TO WITNESS TO ATTEND COURT

FOR EXAMINATION

 

(Rule 59(1))

 

THE REPUBLIC V

 

To                                                        (Name of witness) of                                   

 

WHEREAS on good cause shown to the Court you have been ordered to attend and be examined as a witness before Court on the appeal of the appellant named above.

This is to give notice to attend before the Court at                                    on the day of                                           You are also required to have with you at that time and place any books, papers or other things relating to the appeal which you may have had notice to produce.

Registrar of the Court.

Dated the                               day of

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 21

 

IN THE COURT OF APPEAL

 

APPELLANT'S APPLICATION FOR FURTHER WITNESSES

 

(Rule 59(2))

 

THE REPUBLIC V

 

I,                                                                      having appealed to the Court, request you to take notice that I want the Court to order the witnesses specified to attend the Court and be examined on my behalf.

(Signed)

(or mark)

 

Appellant.

Signature and address of witness

attesting mark.

 

Dated this                                                                  day of

 

You are required to complete the following and sign:

 

1. Names and addresses of witnesses.

2. Whether the witnesses were examined at trial. '

3. If not, state the reason why they were not examined.

4. On what matters do you wish them to be examined on appeal?

 

State shortly the evidence you think they can give.

 

 

 

 

COURT OF APPEAL RULES, 1997

 

CRIMINAL FORM 22

 

IN THE COURT OF APPEAL

 

NOTICE TO WITNESS TO ATTEND BEFORE AN EXAMINER

 

(Rule 60(5))

 

THE REPUBLIC v:

 

To                                                                                                        (Name witness(es),

of

 

WHEREAS on good cause shown to the Court you have been ordered to be examined as a witness on the appeal of the appellant named above, and your deposition is to be taken for the use of the Court.

This is to give you notice to attend (a)                                 on the            day of                                 before (b)                      at              o'clock in the noon.

You are also required to have with you at the appointed time and place any books, papers or other things under your control or in your possession relating to the appeal for which you have had notice to produce.

 

 

Registrar of the Court

Dated the                   day of

 

(a) Specify place of examination,

(b) Fill ill examiner's name,

 

 

 

 

COURT OF APPEAL RULES. 1997

 

CRIMINAL FORM 23

 

IN THE COURT OF APPEAL

 

CAPTION FOR DEPOSITION OF WITNESS EXAMINED

BEFORE EXAMINER

 

(Rule 60(7))

 

THE REPUBLIC v:

 

The deposition (on oath) taken before me the undersigned being an examiner duly appointed by tile Court of                                         of

and                          and of                                 Name of witness witnesses, examine before me under an order of the Court on the               day of                       in the presence of appellant (or his counsel) and the respondent (or his counsel) at     on the               day of                          and the appellant (or his counsel) and respondent (or his counsel) had full opportunity to ask the witnesses questions and these depositions were read by me before being signed by them.

 

The deposition of                                      of                              who (on oath administered by me) said as follows-

 

 

 

 

 

COURT OF APPEAL RULES, 1997

 

 

 

1.         JUSTICE ISAAC KOBINA ABBAN .

            Chief Justice (Chairman)

 

2.         DR. OBED YAO ASAMOAH

Attorney-General and Minister for Justice (Member)

 

3.         JUSTICE FRANCIS YAO NANSU KPEGAH

Justice of the Supreme Court (Member)

 

4.         JUSTICE JOHN DEBRA SAPONG

Justice of the Court of Appeal (Member)

 

5.         DSR FRANK ADU-POKU

Director, Legal Directorate, Ghana Police Service (Member)

-

6.         COL. ALEXANDER BEDIAKO DONKOR

Judge Advocate-General of the Ghana Armed Forces (Member)

 

7.         DANIEL RANSFORD KODI SANKAH

Editor. Council for Law Reporting (Member)  

 

8.         PETER ALA ADJETEY

Ghana Bar Association (Member)

 

9.         MRS. HANNA TETTEH-KPODAR

Ghana Bar Association (Member)

 

10.       MISS EIRENEQUAINOO

Secretary

 

Date of Gazette Notification: 24th October. 1997

________________________________________________________________ GOVERNMENT PRINTER, ASSEMBLY PRESS, ACCRA. GPC/A479/300/R/97

 

 

 

 

 

 

 

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