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COURT OF APPEAL
(AMENDMEN1) RULES, 1998
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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