COURT OF APPEAL RULES, 1997 (CI
19)
As amended
ARRANGEMENT OF RULES
Rule
PART I—GENERAL PROVISIONS
1. Sessions of the Court
2. Notice of cause lists
3. Right of audience
4. Delivery of judgment
5. Register of appeals
6. Forms to be used
7 Matters not expressly provided
for
PART II—CIVIL APPEALS
8. Notice and grounds of appeal
9. Time limits for appealing
10. Service of notice of appeal
11. Settling record of appeal
12. Security for costs
13. Additional security for costs
14. Transmission of record
15. Notice by respondent of
contention that judgment should be
varied
16. Notice of preliminary
objection to be filed
17. Withdrawal of appeal
18. Non-compliance with
conditions of appeal
19. Exhibits
20. Written submission
21 Control of proceedings during
pendency of appeal
22. Submission by party not
appearing
23. Non-appearance of appellant
24. Non-appearance of respondent
25. Application to set aside ex-parte
judgment
26. New evidence on appeal
27. Effect of appeal
27A. Interlocutory Appeals
28. Court to which application
should be made
29. Determination of doubts as to
finality of judgment
30. Interlocutory judgment not to
prejudice appeal
31. General powers of the Court
32. Power of Court to give
judgment and make an order
33. Time limit for delivery of
judgments
34. Review of the decision of the
Court in exceptional cases
35. Costs
36. Enforcement of judgments
37. Execution of judgment by
court below
PART III—CRIMINAL APPEALS
38. Notice of appeal
39. Conditions of appeal
40. Notice of application for
extension of time for appealing
41. Forwarding of proceedings in
court below to Registrar
42. Copies of record for
appellant
43. Notice to appellant of
decision by single Judge
44. Abandonment of appeal
45. Withdrawal of notice of
abandonment
46. Person in custody in default
of payment of fine
47. Varying order of restitution
of property
48. Temporary suspension of
orders made on conviction as to
money, rewards, costs
49. Records of summing up
50. Report of Judge of trial
Court
51. Furnishing trial judge with
material for report
52. Procedure where question of
law reserved
53. Appellant and surety's
recognisance before whom to be
taken
54. Notification of final
determination of appeals
55. Notification of result of
appeal
56. Enforcement of orders
57. Restriction on issue of
certificate on conviction
58. Return of original
deposition, exhibits
59. Attendance of witness before
the Court
59A. Adaptation of Forms in Part
II of Schedule.
60. Examination of witness other
than before the Court
PART IV—MISCELLANEOUS PROVISIONS
61. Vacations of the Court
62. Proceedings on reference
63. Waiver of non compliance with
Rules
64. Costs of appeal
65. Waiver of Gazette
notification
66. Pronouncement of judgment of
the Court
67. Interpretation
68. Revocation
SCHEDULE
Part I
Form 1
Form 2
Form 3
Form 4
Form 5
Form 6
Form 7
Form 8
Forms 9
Form 10
Form 11
Form 11A
Form 12
Form 13
Form 14
Form 15
Part II
Form 1
Form 2
Form 3
Form 4
Form 5
Form 6
Form 7
Form 8
Form 9
Form 10
Form 11
Form 12
Form 13
Form 14
Form 15
Form 16
Form 17
Form 18
Form 19
Form 20
Form 21
Form 22
Form 23
IN exercise of the powers
conferred on the Rules of Court
Committee by Article 157(2) of the
Constitution these Rules are made
this 24th day of July, 1997.
PART I—GENERAL PROVISIONS
Rule 1—Sessions of the Court.
The sessions of the Court of
Appeal referred to in these Rules
as "the Court" shall be held
during term and at such other
times and places as the Chief
Justice may direct.
Rule 2—Notice of Cause Lists.
(1) Notice of a cause list shall
be published by the Registrar of
the Court in the Gazette and
within the precincts of the Court
from time to time but at least
fourteen days before the date
appointed for the hearing of the
first of the matters on the list.
[As amended by Court of Appeal
(Amendment) Rules, 1998 (CI 21),
(a)].
(2) The publication shall be
notice to all parties of the
listing before the Court of any
cause or matter mentioned in the
list.
(3) Notwithstanding subrules (1)
and (2) of this rule the Court may
hear any criminal or civil appeal
which has not been included in the
cause list as published, but in
respect of which notice of hearing
has been served on the parties or
their counsel.
(4) Notice of hearing by the Court
of any cause or matter shall be by
publication within the precincts
of the Court and by service of
notice on the parties or their
counsel. [As inserted by Court of
Appeal (Amendmnet) Rules, 1998 (CI
21), (b)].
(5) The publication under subrule
(1) does not apply to the hearing
of any matter by a single judge.
Rule 3—Right of Audience.
A
person who is a party to any cause
or a matter before the Court may
appear in person or may be
represented by counsel of his
choice.
Rule 4—Delivery of Judgment.
Every judgment of the Court shall
be delivered in open Court.
Rule 5—Register of Appeals.
The Registrar shall keep separate
registers of civil and criminal
appeals brought before the Court.
Rule 6—Forms to be Used.
The forms set out in these
Schedule to the Rules or such
forms as the circumstances permit
shall be used in cases to which
the forms are applicable.
Rule 7—Matters not Expressly
Provided for.
Where no provision is expressly
made by these Rules regarding the
practice and procedure which shall
apply to any cause or matter
before the Court, the Court shall
prescribe such practice and
procedure as in the opinion of the
Court the justice of the cause or
matter requires.
PART II—CIVIL APPEALS
Rule 8—Notice and Grounds of
Appeal.
(1) Any appeal to the Court shall
be by way of re-hearing and shall
be brought by a notice referred to
in these Rules as "the notice of
appeal".
(2) The notice of appeal shall be
filed in the Registry of the court
below and shall
(a) set out the grounds of appeal;
(b) state whether the whole or
part only of the decision of the
court below is complained of and
in the latter case specify the
part;
(c) state the nature of the relief
sought; and
(d) state the names and addresses
for service within the
jurisdiction of all parties
directly affected by the appeal.
[As amended by Court of Appeal
(Amendment) Rules, 1998 (CI 21)
(c)].
(3) The notice of appeal shall be
as in Form 1 provided in Part I of
the Schedule to these Rules and
shall be accompanied with
sufficient number of copies for
service on all parties.
(4) Where the grounds of an appeal
allege misdirection or error in
law, particulars of the
misdirection or error shall be
clearly stated.
(5) The grounds of appeal shall
set out concisely and under
distinct heads the grounds upon
which the appellant intends to
rely at the hearing of the appeal
without any argument or narrative
and shall be numbered
consecutively.
(6) No ground which is vague or
general in terms or which
discloses no reasonable ground of
appeal shall be permitted, except
the general ground that the
judgment is against the weight of
the evidence; and any ground of
appeal or any part of the appeal
which is not permitted under this
rule may be struck out by the
Court of its own motion or on
application by the respondent.
(7) The appellant shall not,
without the leave of the Court,
urge or be heard in support of any
ground of objection not mentioned
in the notice of appeal, but the
Court may allow the appellant to
amend the grounds of appeal upon
such terms as the Court may think
just.
(8) Notwithstanding subrules (4)
to (7) of this rule, the Court in
deciding the appeal shall not be
confined to the grounds set out by
the appellant but the Court shall
not rest its decision on any
ground not set out by the
appellant unless the respondent
has had sufficient opportunity of
contesting the case on that
ground.
Rule 9—Time Limits for Appealing .
(1) Subject to any other enactment
for the time being in force, no
appeal shall be brought after the
expiration of—
(a) twenty-one days in the case of
an appeal against an interlocutory
decision; or
(b) three months in the case of an
appeal against a final decision
unless the court below or the
Court extends the time.
(2) The prescribed period within
which an appeal may be brought
shall be calculated from the date
of the decision appealed against.
(3) An appeal is brought when the
notice of appeal has been filed in
the Registry of the court below
(4) No application for extension
of time in which to appeal shall
be made after the expiration of
three months from the expiration
of the time prescribed by this
rule within which an appeal may be
brought.
(5) An application for extension
of time must be supported by an
affidavit setting out good and
substantial reasons for the
application and grounds of appeal
which prima facie, show good cause
for the extension of time to be
granted.
(6) Where the extension of time is
granted, the notice of appeal
shall indicate the date of hte
grant and the judge or the court
by which the grant is made. [As
substituted by Court of Appeal
(Amendment) Rules, 1998 (CI 21),
(d)].
(7) Notwithstanding rule 28 of
these Rules, no application shall
be made to the Court for extension
of time within which to appeal
after six months from the date of
the decision appealed against.
(8) For the purposes of subrule
(4) of this rule and rule 28,
where a person has applied to the
court below for extension of time
within which to appeal and after a
period of not less than one month
the court below fails or refuses
to grant the application, the
applicant may subject to subrule
(5) of this rule move the Court to
determine the application.
Rule 10—Service of Notice of
Appeal.
The Registrar of the court below
shall, after the notice of appeal
has been filed, cause to be served
a true copy of it on each of the
parties mentioned in the notice of
appeal and shall thereafter issue
a certificate of service of appeal
as in Form 4 in Part I of the
Schedule. [As substituted by Court
of Appeal (Amendment) Rules, 1999
(CI 25), (a)].
Rule 11—Setting Record of Appeal.
(1) When an appeal is brought in
the court below, the Registrar of
the court shall issue summons in
Form 2 in Part I of the Schedule
directing the parties to appear
before him to settle the record of
appeal and shall whether or not
any of the parties attend the
appointment, settle and sign the
record and in due course file it.
(2) The Registrar of the court
below, and the parties shall
exclude from the record documents
that are not relevant to the
subject matter of the appeal and
shall generally reduce the bulk of
the record as far as practicable,
taking special care to avoid
duplication of documents; but the
title of the documents not copied
with the record shall be
enumerated in a list at the end of
the record.
(3) Where the Registrar of the
court below or any party objects
to the inclusion of a document on
the ground that it is unnecessary
or irrelevant and the other party
insists upon its inclusion, the
document shall be included and the
record shall, with a view to the
subsequent adjustment of the costs
of and incidental to the inclusion
of the document, indicate in the
index of papers or otherwise that
fact, and the party who objected
to the inclusion of the document.
(4) The appellant shall within
such time as the Registrar of the
court below directs, deposit with
him a sum fixed to cover the
estimated expense of making up and
forwarding the record of appeal
calculated at the full cost of one
copy for the appellant and
one-quarter cost for each of the
five copies for the use of the
Court.
Rule 12—Security for Costs.
The appellant shall within such
time as the Registrar of the court
below shall fix—
(a) deposit such sum as shall be
determined by the Registrar of the
court below; or
(b) give security by bond as
specified in Form 3 in Part I of
the Schedule with one or more
sureties to the satisfaction of
the Registrar for the due
prosecution of the appeal and for
the payment of any costs which may
be ordered to be paid by the
appellant.
Rule 13—Additional Security for
Costs.
The Court may, where necessary,
require security for costs or for
performance of the orders to be
made on appeal, in addition to the
sum determined under rule 12(a).
Rule 14—Transmission of Record.
(1) The Registrar of the court
below shall transmit the record
when ready together with—
(a) a certificate of service of
the notice of appeal;
(b) a certificate as in Form 5 in
Part I of the Schedule that the
conditions imposed under rules 11
(4) and 12 have been fulfilled;
(c) four copies of the record for
the use of the Judges; [As Amrnded
by Court of Appeal (Amendment)
Rules, 1998 (CI 21) (f)(i)].
(d) the docket or file of the case
in the court below containing all
papers or documents filed by the
parties concerned; and
(e) the exhibits, documents or
other things received by the court
below in respect of the appeal.
(2) The Registrar of the court
below shall also cause to be
served on all parties mentioned in
the notice of appeal, a notice as
in Form 6 in Part I of the
Schedule that the record has been
forwarded to the Registrar, and
the Registrar shall in due course
enter the appeal in the cause list
mentioned in rule 2(1). [As
amended by Court of Appeal
(Amendment) Rules, 1998 (CI 21), (f)(ii)].
Rule 15—Notice by Respondent of
Contention that Judgment Should be
Varied.
(1) It shall not be necessary for
the respondent to give notice by
way of cross- appeal; but if a
respondent intends upon the
hearing of the appeal to contend
that the decision of the court
below should be varied, he shall
within one month after service
upon him of the notice of appeal
cause written notice as in Form 7
in Part I of the Schedule of his
intention to be given to every
party who may be affected by the
contention.
(2) The respondent shall clearly
state in his written notice the
grounds on which he intends to
rely and within the same period
shall file with the Registrar of
the court below five copies of the
notice, one of which shall be
included in the record.
(3) Omission to give the written
notice shall not affect any powers
of the Court, but the Court may
consider it a ground for
adjournment of the appeal upon
such terms as to costs or
otherwise as the Court considers
just.
Rule 16—Notice of Preliminary
Objection to be Filed.
(1) A respondent who intends to
rely upon a preliminary objection
to the hearing of the appeal shall
give the appellant three clear
days notice before the hearing of
the preliminary objection, setting
out the grounds of objection, and
shall file the notice specified in
Form 8 in Part I of the Schedule
[As amended by Court of Appeal
(Amendment) Rules, 1998 (CI 21),
(g)].
(2) If the respondent fails to
comply with this rule, the Court
may refuse to entertain the
objection or may adjourn the
hearing at the cost of the
respondent or may make such other
order as it thinks fit.
Rule 17—Withdrawal of Appeal.
(1) Subject to rule 15, if the
appellant files with the Registrar
a notice of withdrawal of his
appeal, the Registrar shall
certify that fact to the Court,
which may thereupon order that the
appeal be dismissed with or
without costs.
(2) Copies of the notice of
withdrawal shall at the expense of
the appellant be served on any of
the parties with regard to whom
the appellant wishes to withdraw
his appeal, and any party served
shall be precluded from laying
claim to any costs incurred by him
after the service unless the Court
otherwise orders.
(3) A party served with a notice
of withdrawal, may on notice to
the appellant apply to the Court
for an order to recover any costs
that he may necessarily or
reasonably have incurred prior to
the service on him of the notice
of withdrawal together with his
costs incurred for purposes of
obtaining the order and for
attendance in Court.
(4) Notwithstanding the dismissal
of an appeal consequent upon a
notice of withdrawal under subrule
(1) 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. [As inserted by
Court of Appeal (Amendment) Rules,
1998 (CI 21), (h)].
(5) Forms 9 and 10 in Part I of
the Schedule shall apply for the
purposes of this rule.
Rule 18—Non-Compliance with
Conditions of Appeal.
(1) Where the appellant has not
complied with any of the
requirements of rules 11 (4), 12
or 13 the Registrar of the court
below shall certify these facts to
the Court, which may then order
that the appeal be dismiss with or
without costs.
(2) If the respondent alleges that
the appellant has failed to comply
with a part of the requirements of
rules 11 (4), 12 or 13 and the
Court, is satisfied that the
appellant has so failed, it may
dismiss the appeal for want of
prosecution or make such other
order as the justice of the case
may require.
(3) An appellant whose appeal has
been dismissed under this rule may
apply by motion on notice that his
appeal be restored, and the Court
may order that the appeal be
restored upon such terms as it may
think fit.
(4) A certificate of
non-compliance of conditions
imposed upon a would be appellant
shall be in Form 11 in Part I of
the Schedule.
Rule 19—Exhibits.
(1) Subject to these Rules, each
party shall, immediately after an
appeal becomes pending before the
Court, deliver to the court below
all documents and things (being
exhibits in the case or which were
tendered as exhibits and rejected)
which are in his custody or were
produced or put in by him at the
trial.
(2) Subject to these Rules each
party to an appeal shall be
prepared to produce at the hearing
of the appeal exhibits, other than
documents, which are in his
custody or were produced or put in
by him at the trial.
(3) Where a party finds it
difficult to comply with subrules
(1) and (2) of this rule owing to
the nature of the document or
other exhibit or owing to its
being in the possession of a third
party or any other reason, he may
apply to the Registrar of the
court below for directions.
(4) The Registrar of the court
below may, either of his own
motion or upon application, give
any direction he considers fit,
whether dispensing with the
provisions of this rule or
modifying its application in any
way or for securing compliance
with it.
(5) Any original document
delivered to the court below under
this rule shall remain in the
custody of the court below until
the record of appeal has been
prepared, and shall then be
forwarded with the record to the
Registrar of the Court and shall
remain in the custody of the Court
until the determination of the
appeal; except that the Court or
the Registrar may allow the return
of any document to any party
pending the hearing of the appeal
and subject to such conditions as
it or he may impose.
Rule 20—Written Submission.
(1) An appellant shall within 21
days of being notified in Form 6
set out in Part I of the Schedule
that the 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 set out in the notice of
appeal and such other grounds of
appeal as he may file.
(2) Where the appellant does not
file the statement of his case in
accordance with subrule (1), the
Registrar shall certify the
failure to the Court by a
certificate as in Form 11A in Part
I of the Schedule and the Court
may upon that order the appeal to
be struck out. [As substituted by
Court of Appeal (Amendment) Rules,
1999 (CI 25), (b)].
(3) The Registrar shall, as soon
as practicable after the filing of
the appellant's written
submission, cause copies of the
submission to be served on the
respondent and on any other party
to the appeal.
(4) A party upon whom an
appellant's written submission is
served shall, if he wishes to
contest the appeal, file the
written submission of his case in
answer to the appellant's written
submission within 21 days of the
service, or within such time as
the Court may upon terms direct.
[As amended by Court of Appeal
(Amendment) Rules, 1998 (CI 21), (i)(ii)].
(5) The appellant may, within
fourteen days of the service on
him of the respondent's written
submission, file with the
Registrar a reply to the
respondent's written submission.
(6) The written submission of each
party to the appeal shall set out
the full case and arguments to be
advanced by the party including
relevant authorities, references
to any relevant decided cases and
statute law upon which the party
intends to rely; and in the case
of a respondent may include a
contention that the decision of
the court below be varied.
(7) Notwithstanding anything to
the contrary contained in this
rule, counsel may agree to submit
a joint submission for the
determination of the appeal before
the Court.
(8) Where a respondent does not
file a written submission of his
case and does not agree to make a
joint written submission under the
provisions of this rule, he shall
not be heard at the hearing of the
appeal except as to question of
costs.
(9) Notwithstanding anything to
the contrary contained in these
Rules, a party to a civil appeal
may at any time before judgment
apply to the Court to amend any
part of the written submission and
the Court may, having regard to
the interest of justice and to a
proper determination of the issues
between the parties, allow the
amendment on such terms as it may
consider fit.
(10) This rule shall not apply to
criminal appeals.[As substituted
by Court of Appeal (Amendment)
Rules, 1999 (CI 25), (b)].
(11) Notwithstanding any provision
of this rule to the contrary, the
Chief Justice or the Court may on
an application by any of the
parties waive the requirement for
the filing of written submission
under this rule. [As inserted by
Court of Appeal (Amendment) Rules,
1998 (CI 21), (i)(iii)].
Rule 21—Control of Proceedings
During Pendency of Appeal.
After the record of appeal has
been transmitted from the court
below to the Court, the Court
shall be seised of the whole of
the proceedings as between the
parties and every application
shall be made to the Court and not
to the court below, but any
application may be filed in the
court below for transmission to
the Court. [As Amended by Court of
Appeal (Amendment) Rules, 1998 (CI
21), (i)].
Rule 22—Submission by Party not
Appearing.
At any time before the hearing of
an appeal any party to the appeal
may file a declaration in writing
as specified in Form 12 in Part I
of the Schedule that he does not
wish to be present in person or by
counsel at the hearing of the
appeal and in such a case, the
party shall file five copies of
the arguments he desires to submit
to the Court, a copy of which
shall be supplied to the other
party at the appropriate stage of
the hearing, and the appeal shall
be dealt with as if the party had
appeared.
Rule 23—Non-appearance of
Appellant.
(1) Where the appellant fails to
appear when his appeal is called
for hearing and he has not taken
action under rule 22, the appeal
may be struck out or dismissed
with or without costs.
(2) When an appeal has been struck
out or dismissed owing to the
non-appearance of the appellant
the Court may, direct the appeal
to be re-entered for hearing on
such terms as to costs or
otherwise as it may think just.
Rule 24—Non-appearance of
Respondent.
Where the respondent fails to
appear when the appeal is called
for hearing and he has not taken
action under rule 22, the Court
may proceed to hear the appeal in
his absence.
Rule 25—Application to Set Aside
Ex parte Judgment.
(1) Where an appeal has been heard
under rule 24 and judgment has
been given against the respondent,
he may apply to the Court to set
aside the judgment and to re-hear
the appeal.
(2) No application to set aside a
judgment and re-hear under this
rule shall be made after the
expiration of twenty-one days from
the date of the judgment sought to
be set aside; except that, a
respondent who has failed within
the period of twenty-one days to
make an application under this
rule may at any time within a
further period of three months
after the twenty-one day period
apply to the Court on notice to
the appellant to set aside the
judgment, and the Court may, grant
the application and make such
order in relation to the
application or as to costs as it
may consider fit in the
circumstances. [As Amended by
Court of Appeal (Amendment) Rules,
1998 (CI 21), (k)].
(3) An application to set aside a
judgment shall be by motion
accompanied with an affidavit
stating the reasons and grounds
for the application, and the Court
may set aside the judgment and
order that the appeal be re-heard
at such time and upon such other
conditions as to costs or
otherwise as it may consider fit.
Rule 26—New Evidence on Appeal.
(1) It is not open as of right to
any party to an appeal to adduce
new evidence in support of his
original case but, in the interest
of justice, the Court may allow or
require new evidence to be
adduced; such evidence shall be in
the form of oral examination in
Court, an affidavit or a
deposition taken before an
examiner or commissioner as the
Court may direct.
(2) A party may, by leave of the
Court, allege any facts essential
to the issue that has come to his
knowledge after the decision of
the court below and adduce
evidence in support of the
allegations.
Rule 27—Effect of Appeal.
(1) An appeal shall not operate as
a stay of execution or of
proceedings under the judgment or
decision appealed against except
where the court below or the Court
otherwise orders—
(a) in the case of the court
below, upon application made
orally or by motion on notice to
it; and
(b) in the case of the Court, upon
application made to it by motion
on notice, and except as provided
in this rule no intermediate act
or proceedings shall be
invalidated.
(2) When an application is pending
for determination under subrule
(1) of this rule any proceedings
for execution of the judgment or
decision to which the application
relates shall be stayed.
(3) There shall, in any case, be a
stay of execution of the judgment
or decision, or of proceedings
under the judgment or decision
appealed from
(a) for a period of seven days
immediately following the giving
of the judgment or decision; and
(b) for a period of seven days
immediately following the
determination by the court below
of any application under sub-rule
(1)(a) of this rule where the
application is refused by the
court below.
Rule 27A—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. [As inserted by Court of
Appeal (Amendment) Rules, 1998 (CI
21), (l)].
Rule 28—Court to Which Application
Should be Made.
Subject to these Rules and to any
other enactment, where under any
enactment an application may be
made either to the court below or
to the Court, it shall be made in
the first instance to the court
below, but if the court below
refuses to grant the application,
the applicant shall be entitled to
have the application determined by
the Court.
Rule 29—Determination of Doubts as
to Finality of Judgment.
Whenever any doubt arises as to
whether any judgment or order is
final or interlocutory, the
question may be determined
summarily by the court below or by
the Court and any determination by
the court below shall,
notwithstanding rule 28, be final
and binding on all parties for the
purpose of determining the time
within which an appeal may be
brought.
Rule 30—Interlocutory Judgment not
to Prejudice Appeal.
No interlocutory judgment or order
from which there has been no
appeal shall operate so as to bar
or prejudice the Court from giving
a decision upon the appeal as may
seem just.
Rule 31—General Powers of the
Court.
The Court may—
(a) make any order necessary for
determining the real question in
controversy;
(b) amend any defect or error in
the record of appeal;
(c) The Court may also direct a
notice of appeal to be served on
all or any of hte parties tot he
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. [As inserted by Court of
Appeal (Amendment) Rules, 1998 (CI
21), (m)].
(d) direct the court below to
enquire into and certify its
finding on any question which the
Court considers fit to determine
before final judgment;
(e) make any interim order or
grant any injunction which the
court below is authorised to make
or grant; and
(f) direct any necessary enquiries
or accounts to be made or taken
and shall generally have full
jurisdiction over the whole
proceedings as if the proceedings
had been instituted and prosecuted
in the Court as a court of first
instance. [As amended by Court of
Appeal (Amendment) Rules, 1998 (CI
21), (m)].
Rule 32—Power of Court to Give
Judgment and Make an Order.
(1) The Court shall have power to
give any judgment and make any
order that ought to have been
made, and to make such further or
other order as the case may
require including any order as to
costs.
(2) These powers of the Court may
be exercised notwithstanding that
the appellant may have asked that
part only of a decision be
reversed or varied, and may also
be exercised in favour of all or
any of the respondents or parties,
although the respondents or
parties may not have appealed from
or complained of the decision.
Rule 33—Time Limit for Delivery of
Judgments.
(1) At the close of a case before
it the Court shall fix a date,
which shall not be later than
eight weeks after close of the
case, for the delivery of
judgment.
(2) It shall be the duty of the
Court to deliver judgment as soon
as possible after the close of
each case before it, and in any
event not later than eight weeks
after the close of any case.
(3) For the purposes of this rule
a case shall be considered closed
when the final arguments have been
concluded.
(4) The times of vacation in any
year shall not be reckoned in the
computation of the period of eight
weeks referred to in this rule.
(5) Where for any reason judgment
has not been delivered within the
period of eight weeks referred to
in this rule the Court shall
forthwith inform the Chief
Justice in writing of that fact
and shall state the reasons for
the delay and the date upon which
it is proposed to deliver
judgment.
(6) Subject to sub-rule (4) of
this rule where judgment has not
been delivered within the period
of eight weeks referred to in this
rule, and party to the proceedings
may notify the Chief Justice in
writing of that fact and request
that a date be fixed for the
delivery of judgment.
(7) Upon receiving a notification
from the Court or a party under
sub-rule (5) or (6) the Chief
Justice may fix a date for the
delivery of judgment by the Court
and notify the Court accordingly,
and it shall be the duty of the
Court to ensure that judgment is
delivered upon the date so fixed
by the Chief Justice.
Rule 34—Review of the Decision of
the Court in Exceptional Cases.
The Court shall not review any
judgment after it has been
delivered unless it is satisfied
that the circumstances of the case
are exceptional and that in the
interest of justice there should
be a review.
Rule 35—Costs.
(1) Where the costs of an appeal
are allowed they may either be
fixed by the Court at the time
when the judgment is given or may
be ordered to be taxed.
(2) The Registrar shall be the
Taxing Officer and all such costs
shall be taxed by him according to
the rules in force in the High
Court.
(3) Any person aggrieved by an
order, decision or ruling of the
Taxing Officer may apply to the
Court to set aside that order,
decision or ruling and to make
such further order as it may
consider fit.
(4) Any application to the Court
under sub-rule (3) shall be by
motion supported by an affidavit,
and notice of such motion shall be
served upon the Taxing Officer and
upon any party who has an interest
in the matter.
(5) The form of a notice of
taxation and a bill of costs shall
be as specified in Forms 13 and 14
in Part I of the Schedule.
Rule 36—Enforcement of Judgments.
Any judgment given by the Court
may be enforced by the Court, the
court below or any other court
which has been seised of the
matter or as the Court may direct.
Rule 37—Execution of Judgment by
Court Below.
Where the Court directs any
judgment to be enforced by any
other court, a certificate under
the seal of the Court and the hand
of the presiding Judge setting out
the judgment as specified in Form
15 in Part I of the Schedule shall
be transmitted by the Registrar to
that other court, and the latter
shall enforce the judgment in
terms of the certificate.
PART III—CRIMINAL APPEALS
Rule 38—Notice of Appeal
A
person desiring to appeal to the
Court against any conviction,
sentence, decree or order of a
court from which appeal lies to
the Court shall commence his
appeal by sending to the Registrar
of the court below, a notice of
appeal in Form 1 or 2 set out in
Part II of the Schedule with such
adaptations and modificatons as
may be necessary. [As Substituted
by Court of Appeal (Amendment)
Rules, 1999 (CI 25), (c)].
Rule 39—Conditions of Appeal
(1) A notice of appeal or notice
of application for extension of
time within which the notice shall
be given shall be signed by the
appellant or his counsel. [As
Substituted by Court of Appeal
(Amendment) Rules, 1999 (CI 25),
(d)].
(2) Any notice required or
authorised to be given shall be
addressed to the Registrar of the
court below to be forwarded by him
to the Registrar of the Court.
(3) Any notice or other document
which is required or authorised to
be given or sent shall be deemed
to be duly given or sent if
forwarded by registered post
addressed to the person to whom
the notice or other document is
required or authorised to be given
or sent.
(4) When an appellant or any other
person authorised or required to
give or send any notice of appeal
or notice of an application for
extension of time within which
notice of appeal may be given is
unable to write, he may affix his
mark in the presence of a witness
who shall attest the mark, and
upon that act the notice shall be
taken as duly signed by the
appellant.
(5) In the case of a body
corporate where any notice or
other document is required to be
signed by the appellant himself it
shall be sufficient compliance if
the notice or other document is
signed by the secretary, manager
or legal representative of the
body corporate.
Rule 40—Notice of Application for
Extension of Time for Appealing.
(1) An application to the Court
for an extension of time within
which notice may be given, shall
be as specified in Form 3 in Part
II of Schedule.
(2) Any person making an
application for an extension of
time shall send to the Registrar,
together with the proper form of
the application a notice of appeal
duly completed.
Rule 41—Forwarding of Proceedings
in Court Below to Registrar.
(1) Where the Registrar of the
court below receives a notice of
appeal or a notice of application
for extension of the time within
which the notice shall be given,
he shall forward to the Registrar
four copies of the proceedings in
the court below and five copies of
the summing up or direction of the
Judge. [As Amended by Court of
Appeal (Amendment) Rules, 1999 (CI
25) (e)].
(2) The Registrar of the court
below shall also forward the
original exhibits in the case as
far as practicable and any
original deposition, information,
inquisition, plea, or other
documents or thing usually kept by
him forming part of the record of
the court below to the Registrar
of the Court.
(3) The Court or Registrar may
allow the return of any document
or thing to any party pending the
hearing of the appeal and subject
to such conditions as it or he may
impose.
Rule 42—Copies of Record, for
Appellant.
The appellant may obtain from the
Registrar of the court below free
of charge, copies of the record
and any document or exhibit in his
possession for the purpose of the
appeal.
Rule 43—Notice to Appellant of
Decision by Single Judge.
(1) Where any application has been
dealt with by a single Judge the
Registrar shall notify the
appellant of the decision in the
form specified in Form 4 in Part
II of the Schedule.
(2) Where the Judge refuses any
application, the Registrar shall
notify the refusal to the
appellant and forward to the
applicant Form 5 of Part II of the
Schedule; which the appellant
shall complete and return to the
Registrar.
(3) Where the appellant does not
desire to have the application
determined by the Court as duly
constituted for the hearing of
appeals or does not return within
five days to the Registrar Form 5
duly completed by him, the refusal
of his application by the Judge
shall be final.
Rule 44—Abandonment of Appeal.
(1) An appellant may at any time
after he has duly served notice of
appeal or of application for
extension of time within which the
notice shall be given, abandon his
appeal by giving notice of
abandonment as specified in Form 6
in Part II of the Schedule to the
Registrar, and upon such notice
the appeal shall be deemed to have
been dismissed by the Court.
(2) Upon receipt of a notice of
abandonment duly completed and
signed or marked by the appellant
or the party authorised to sign
notices under sub-rule (5) of rule
39, the Registrar shall—
(a) give notice of the abandonment
as specified in Form 7 in Part II
of the Schedule to the respondent,
the Prison authority and the
Registrar of the court below, and
in the case of an appeal against a
conviction involving a sentence of
death shall in the same manner
give notice to the Minister for
Justice; and
(b) return to the Registrar of the
court below original documents and
exhibits received from him.
Rule 45—Withdrawal of Notice of
Abandonment—
An appellant, other than one
convicted of an offence punishable
by death, who has abandoned his
appeal may, with the leave of the
Court, withdraw his notice of
abandonment by completing Forms 2
and 8 in Part II of the Schedule
and shall send the Forms to the
Registrar.
Rule 46—Person in Custody in
Default of Payment of Fine.
(1) Where a person has, on his
conviction, been sentenced to
payment of a fine, and in default
of payment, to imprisonment, and
the person remains in custody in
default of payment of the fine, he
shall for purposes of an appeal be
considered to be a person
sentenced to imprisonment.
(2) Where any person has been
convicted and is sentenced to the
payment of a fine, and in default
of the payment, to imprisonment,
and he intimates to the Judge of
the court below that he desires to
appeal against his conviction, the
Judge may order the person to
enter into recognisances with or
without sureties as the Judge may
think right to prosecute his
appeal.
(3) The Judge may order that
payment of the fine be made to the
Registrar of the court below at
the final determination of the
appeal, if the appeal is
dismissed.
(4) The recognisance under this
rule shall be as specified in
Forms 9 and 10 in Part 2 of the
Schedule.
(5) The Registrar of the court
below shall forward the
recognisance of the appellant and
his surety to the Registrar.
(6) If an appellant to whom
sub-rule (2) of this rule applies,
does not in accordance with these
Rules serve a notice of appeal or
of abandonment of his appeal
within ten days from the date of
his conviction or sentence, the
Registrar of the court below shall
report the omission to the Court
which may after notice in Forms 11
and 12 in Part II of the Schedule
has been given to the appellant
and his sureties, if any—
(a) order all estreat of the
recognisance of the appellant and
his sureties;
(b) issue a warrant for the
apprehension of the appellant;
(c) commit the appellant to prison
in default of payment of his fine;
or
(d) make such other order as it
considers fit.
(7) An appellant who has been
sentenced to the payment of a fine
and has paid the fine or part of
the fine in accordance with the
sentence, shall where his appeal
succeeds, be entitled, subject to
any order of the Court, to the
return of the sum or any part of
it paid by him.
Rule 47—Varying Order of
Restitution of Property.
Where an order of restitution of
any property to any person has
been made by the Judge of the
court below, the person in whose
favour or against whom the order
of restitution has been made, and,
with the leave of the Court, any
other person, shall on the final
hearing by the Court of an appeal
against his conviction on which
such order of restitution was
made, be entitled to be heard by
the Court before any order
annulling or varying the order of
restitution is made.
Rule 48—Temporary Suspension of
Orders Made on Conviction as to
Money, Rewards, Costs.
(1) Where on conviction of a
person, the Judge of the court
below—
(a) orders a reward to any person
who appears to have been active in
the apprehension of the convicted
person; or
(b) makes an order awarding to any
person aggrieved, any sum of money
to be paid by the convicted
person; or
(c) makes an order for payment of
money by the convicted person or
by any other person; or
(d) makes an order affecting the
rights or property of the
convicted person
the operation of the order shall
be suspended when notice of appeal
is given until the determination
of the appeal against the
conviction in relation to which
the order was made or until
abandonment of the appeal under
sub-rule (1) of rule 44.
(2) The Court may by order annul
any order to which this rule
refers on the determination of any
appeal or may vary the order, as
it considers fit.
(3) Where upon conviction of a
person of an offence, a
disqualification, forfeiture or
disability attaches to that person
because of the conviction, the
disqualification, forfeiture or
disability shall be suspended,
until the determination of the
appeal; and this rule shall not
affect the provisions under any
enactment prohibiting the
alienation or charging of any
property or the making of any
contract in respect of the
property by the convicted person.
(4) Where on a conviction, any
property, matter or thing which is
the subject of the prosecution or
connected to the prosecution, is
ordered to be destroyed or
forfeited under any law, the
destruction or forfeiture shall be
suspended when notice of appeal is
given until the determination of
the appeal by the Court.
(5) Where upon conviction of a
person of an offence, a claim may
be made or any proceedings may be
taken under any law against the
person or any other person in
consequence of the conviction, the
proceedings shall not be taken
when notice of appeal is given
until the determination of the
appeal.
(6) A person affected by an order
which is suspended under this rule
may, with the leave of the Court,
be heard on the final
determination of the appeal before
any order is varied or annulled by
the Court.
Rule 49—Records of Summing Up.
(1) Where a trial is held with a
jury or assessors, and, by
direction of the trial Judge, a
record is made by some mechanical
or electrical device of any
summing up or direction of the
Judge, the record shall be
accepted by the Court as accurate
unless the Court has reason to
doubt its accuracy.
(2) Where in such a trial a record
of any summing up or direction is
otherwise made, by direction of
the trial Judge, either in
long-hand or short-hand, the
record shall be accepted by the
Court as accurate, subject to any
corrections which the trial Judge
may certify ought to be made in
order to render the record
accurate.
(3) Where in the trial the trial
Judge does not give any directions
for recording any summing up or
direction given by him, his
statement shall be accepted as
accurate unless the Court sees
reason to the contrary.
Rule 50—Report of Judge of Trial
Court.
(1) The Registrar shall, in
relation to any appeal, if
directed by the Court, request the
trial Judge of the court below to
furnish him with a report in
writing, giving his opinion on any
aspect of the trial in the court
below and the trial Judge shall
furnish the report to the
Registrar.
(2) The report of the trial Judge
shall be made to the Court and the
Registrar shall, on request,
furnish the appellant and
respondent with copies of the
report.
Rule 51—Furnishing Trial Judge
with Material for Report.
When the Registrar requests a
trial Judge to furnish a report
under these Rules, he
shall send to the trial Judge a
copy of the notice of appeal or
any other document or information
which he considers material, or
which the Court at any time
directs him to send or which the
trial Judge may request the
Registrar to furnish him to enable
him submit his report.
Rule 52—Procedure where Question
of Law Reserved.
Where a Judge of a court below
reserve a question of law for the
consideration of the Court, the
person accused or convicted shall
for the purposes of these Rules be
considered to be an appellant [As
Amended by Court of Appeal (Amendent)
Rules, 1999 (CI 25) (f).]
Rule 53—Appellant and Surety's
Recognisance before whom to be
Taken.
(1) Where the Court or the court
below grants bail to an appellant
pending the determination of his
appeal, the Court shall specify
the amounts in which the appellant
or his surety shall be bound by
recognisance, and may direct the
person before whom the
recognisance of the appellant or
his surety or both may be taken.
(2) Where the Court does not make
any order or give any directions
under sub-rule (1), the
recognisance may be taken before
the Registrar of the court below.
(3) The recognisance provided for
in this rule shall be drawn up as
specified in Forms 13 and 14 in
Part II of the Schedule.
(4) The Registrar of the court
below shall forward drawn up
recognisances of bail of the
appellant and his surety to the
Registrar.
(5) An appellant who has been
granted bail shall be present in
person at each and every hearing
of his appeal and at the final
determination of the appeal.
(6) Where the appellant is absent
from any hearing of his appeal,
the Court may decline to consider
the appeal, and may proceed
summarily to dismiss the appeal,
and issue a warrant in the form
specified in Form 15 in Part II of
the Schedule for the apprehension
of the appellant except that the
Court may consider the appeal in
his absence, or make such other
order as is appropriate.
(7) When an appellant is present
before the Court, the Court may
make an order admitting the
appellant to bail, revoke or vary
an order previously made, enlarge
the recognisance of the
appellation of his sureties, or
substitute any other surety for a
surety previously bound, as the
Court considers right.
(8) Where the appellant has been
released on bail by the Court or
the court below, the Court or the
court below may revoke the order
admitting him to bail, and issue a
warrant as specified in Form 15 in
Part II of the Schedule for his
apprehension, and order him to be
committed to prison.
Rule 54—Notification of Final
Determination of Appeals.
(1) On the final determination of
any appeal or of any application
to the Court, the Registrar shall
give notice of the determination
in Forms 16, 17, and 18 in Part II
of the Schedule, to the appellant
and if he is in custody, to the
respondent and to the prison
authority.
(2) In an appeal that relates to a
conviction involving sentence of
death, the Registrar shall on
receipt of the notice of appeal,
send copies of the notice of
appeal to the Minister for
Justice, and to the prison
authority, and on the final
determination of the appeal by the
Court, the Registrar shall notify
the appellant, the Minister for
Justice, the respondent and the
prison authority of it.
Rule 55—Notification of Result of
Appeal.
(1) The Registrar at the final
determination of an appeal shall
notify the Registrar of the court
below in a form as set out in Form
19 in Part II of the Schedule, of
the decision of the Court and also
of any orders or directions made
or given by the Court.
(2) The Registrar of the court
below shall on receipt of the
notification referred to in this
rule enter the particulars in the
records of the court.
Rule 56—Enforcement of Orders.
An order given or made by the
Court may be enforced by the Court
or by the court below as may be
most expedient.
Rule 57—Restriction on Issue of
Certificate on Conviction.
Where notice of appeal has been
given the Registrar of the court
below shall not issue a
certificate to a person convicted
in that court until after the
determination or abandonment of
the appeal.
Rule 58—Return of Original
Deposition, Exhibits.
The Registrar shall, where
practicable, upon the final
determination of an appeal, return
to the Registrar of the court
below any original depositions,
exhibits, or other documents or
things usually kept by the
Registrar of the court below or
which form part of the record of
the court below
Rule 59—Attendance of Witness
Before the Court.
(1) Where the Court has ordered a
witness to attend and be examined
before it, an order in the form
specified in Form 20 in Part II of
the Schedule shall be served upon
that witness specifying the time
and place to attend for the
purpose.
(2) The order may be made at
anytime on the application of the
appellant or respondent, but if
the appellant is in custody and
not legally represented the
application shall be made by him
as is specified in Form 21 of Part
II of the Schedule.
Rule 59A—Adaptation of Forms in
Part II of Schedule.
Where any person appeals to the
Court agaisnt any judgment, decree
or order of a court not being a
conviction or sentence, the forms
for criminal appeals in respect of
conviction and sentence provided
in Part II of the Schedule to
these Rules, shall be used with
such adaptations and modifications
as may be necessary for the
purposes of the appeal. [As
inserted by Court of Appeal
(Amendment) Rules, 1999 (CI 25),
(g)].
Rule 60—Examination or Witness
Other than Before the Court.
(1) Where the Court orders the
examination of any witness to be
conducted otherwise than before
the Court itself, the order shall
specify the person appointed as
examiner, the place of taking the
examination and the witness to be
examined.
(2) The Registrar shall furnish
the examiner documents or exhibits
and any other material relating to
the appeal as and when requested
to do so.
(3) The documents and exhibits and
other material shall after the
conclusion of the examination be
returned by the examiner, together
with any depositions taken by him
under this rule to the Registrar.
(4) When the examiner has
appointed the day and time for the
examination he shall request the
Registrar to notify the appellant
or respondent and their counsel
and if the appellant is in prison,
the prison authority concerned.
(5) The Registrar shall serve on
every witness to be examined a
notice as specified in Form 22 of
Part II of the Schedule.
(6) Every witness examined before
an examiner under this rule shall
give his evidence on oath or by
affirmation to be administered by
the examiner.
(7) The examination of every
witness shall be taken in the form
of a deposition and unless
otherwise ordered by the examiner,
shall be taken in public, and the
caption in Form 23 of Part II of
the Schedule shall be attached to
the deposition.
(8) Where any witness receives an
order or notice to attend before
the Court or an examiner, the
Registrar shall pay to the witness
the appropriate sum for his
expenses.
(9) The appellant, the respondent
and their counsel shall be
entitled to be present at the
examination and may examine and
cross-examine any witness who
appears before the examiner.
PART IV—MISCELLANEOUS PROVISIONS
Rule 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 that year immediately
following.
Rule 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.
Rule 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.
Rule 64—Costs of Appeal.
The award of costs on the
determination of any matter shall
be at the discretion of the Court.
Rule 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 where delay in the
hearing of the case may cause
miscarriage of justice to any of
the parties.
Rule 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.
Rule 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 an 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—
in a civil appeal, any party other
than the appellant directly
affected by the appeal;
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).
Rule 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);
SCHEDULE
PART I—CIVIL FORMS
CIVIL FORM 1
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 the appeal are those set out in
paragraph 5. [As amended by Court
of appeal (Amendment) Rules, 1998
(CI 21), (n)(i)].
2. Part of decision of the
lower Court complained of
3. Grounds of appeal
(1)
(2)
(3)
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"
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:
CIVIL FORM 3
IN THE COURT OF APPEAL
BOND FOR COSTS ON APPEAL
(Rule 12)
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.)
CIVIL FORM 4
IN THE COURT OF APPEAL
CERTIFICATE OF SERVICE OF NOTICE
OF APPEAL
(Rule 10)
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.
Date at
this day of
Registrar,....................................
court below
The Registrar
Court of Appeal. [As Amended by
Court of Appeal (Amendment) Rules,
1998 (CI 21), (n)(ii)].
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.
Date
this
day of
Registrar,........................................
THE REGISTRAR,
COURT OF APPEAL.
CIVIL FORM 6
IN THE COURT OF APPEAL
NOTICE TO PARTIES OF DISPATCH OF
RECORD
(Rule 14(2))
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:
[As Amended by Court of Appeal
(Amendment) Rules, 1998 (CI 21) (n)(iii)].
CIVIL FORM 7
IN THE COURT OF APPEAL
NOTICE BY RESPONDENT OF INTENTION
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.
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 the respondent
named above intends, at the
hearing of this 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)
Date
this
day of
Plaintiff/Defendant-Respondent
To the above-named
Plaintiff/Defendant/Appellant,
His Solicitor or Agent of
CIVIL FORM 9
IN THE COURT OF APPEAL
NOTICE OF WITHDRAWAL OF APPEAL
(Rule 17(5))
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
CIVIL FORM 10
IN THE COURT OF APPEAL
CERTIFICATE BY REGISTRAR OF
WITHDRAWAL OF APPEAL
(Rule 17(5))
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.
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 named 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.
CIVIL FORM 11A
IN THE COURT OF APPEAL
CERTIFICATE AS TO NON-COMPLIANCE
WITH FILING OF APPELLANT(S)
WRITTEN SUBMISSION
(Rule 20(2))
Between
Appellant(s)
and
Respondent(s)
.............................................................................................................................................................................................
Pursuant to rule 20(2) of the
Court of Appeal Rules, 1997 (C.I.
19), I certify that the
appellant(s) in the above
mentioned appeal has/have not
complied with the requirement of
rule 20(1) of C.I. 19.
Dated
at....................................................................................the............................day
of..............................................
REGISTRAR
To: The Court
And to: The Appellant(s)
or his Counsel. [As inserted by
Court of Appeal (Amendment) Rules,
1999 (CI 25), (h)].
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
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
CIVIL FORM 14
IN THE COURT OF APPEAL
BILL OF COSTS
(Rule 35(5))
Civil Appeal No.
........................
Title of Cause:
...........................................
Appellant
...........................................
Respondent.
Bill of Costs 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.
NoteEvery Bill of cost 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.
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
PART II—CRIMINAL FORMS
CRIMINAL FORM 1
IN THE COURT OF APPEAL
NOTICE OF APPEALAGAINST A
CONVICTION
(Rule 38)
THE REPUBLIC V.
TO THE REGISTRAR OF THE
I,
having been convicted of the
offence
Here State the Offence e.g
Stealing, Murder, Forgery.
of
and now a prisoner at
Where Appellant is for Any Reason
not in Custody.
or now living at
do give you Notice of Appeal
against
Here State as Clearly as you are
Able the Questions of Law on which
you Desire to Appeal.
my conviction.
(Signed)
(or mark)
Appellant.
Signature and address of witness
Attesting mark.
PARTICULARS OF TRIAL AND
CONVICTION
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.
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
Here State the Offence e.g
Stealing Murder, Forgery.
of
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
passed on me for the offence of
the following grounds
Here Set Out the Grounds on which
you Desire to Question the
Sentence.
Signature and address of witness
attesting mark.
(Signed)
(or mark)
Appellant.
Dated this day
of
Fill in these Particular.
PARTICULARS OF TRIAL AND
CONVICTION
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.
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
Here State the Offence e.g.
Stealing, Murder, Forgery.
of in
the
Court held at
on
the day
of
and now a prisoner
Where Appellant for any Reason not
in Custody.
at
(or now living
at
) give
Here Set out Clearly and Concisely
the Reasons for the Delay in
Giving the Notice and the Grounds
on which you Submit the Court
should Extend the Time.
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—
(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.
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
PARTICULARS OF TRIAL AND
CONVICTION
Fill in all particulars
Date of trial.
In what court tried.
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.
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.
Date this day
of
TO THE REGISTRAR OF THE COURT OF
APPEAL
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
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 or 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.
Send copies addressed to
The Attorney-General or other
respondent.
The Prison authority and
The Registrar of the court below.
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 offence
of and now a prisoner
at (or now living at
Here State the Offence, e.g.
Stealing, Forgery.
) and having duly sent a notice
that I want to appeal to the Court
of Appeal
and having abandoned my appeal:
Here Set out as Clearly and
Concisely 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.
Give you Notice, that I apply to
the Court of Apply for leave to
withdraw my notice of abandonment,
in the special circumstances
following—
(Signed)
(or mark)
Applicant.
Dated this day of
N.B.Form 3 must be filled up and
sent with this notice to the
Registrar
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
Here Fill in the Court of Trial.
was on
the day
of convicted
of 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 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.
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
of
Here fill Name of Court of trial
and
of
personally came before
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 his 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 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
CRIMINAL FORM 12
IN THE COURT OF APPEAL
NOTICE TO SURETY FOR APPELLANT OF
ESTREAT OF RECOGNIZANCES
(Rule 46(6)
THE REPUBLIC V.
Here Fill in Surety's Name and
Address.
TO
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
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.
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 ¢
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.
CRIMINAL FORM 15
IN THE COURT OF APPEAL
WARRANT FOR ARREST OF APPELLANT ON
BAIL
(Rule 53(6) and (8))
THE REPUBLIC V.
TO
THE
OFFICERS OF THE POLICE SERVICE
(or as the case may be),
State office.
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
of the prison and deliver him with
this warrant into the custody
State office.
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
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—
leave to extend the time within
which to give notice of appeal;
admission to bail;
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.
Date this day of
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 finally
determined the application and has
given judgment to the following
effect—
Registrar of the Court
Date this day of
Send copies addressed to—
The Attorney-General or other
respondent.
The Prison Authority and
The Registrar of the Court.
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
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
Date this day of
(1) Send copies addressed to—
(a) The Attorney-General or other
respondent.
(b) The Prison authority and The
Registrar of the Court below.
CRIMINAL FORM 20
IN THE COURT OF APPEAL
ORDER TO WITNESS TO ATTEND COURT
FOR EXAMINATION
(Rule 59(1))
THE REPUBLIC V.
Name of Witness.
To
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.
Date the day of
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:
Names and addresses of witnesses.
Whether the witnesses were
examined at trial.
If not, state the reason why they
were not examined.
On what matters do you wish them
to be examined on appeal?
State shortly the evidence you
think they can give.
CRIMINAL FORM 22
IN THE COURT OF APPEAL
NOTICE TO WITNESS TO ATTEND BEFORE
AN EXAMINER
(Rule 60(5))
THE REPUBLIC V.
Name of witness(es).
To
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
Specify place of examination.
Fill in examiner's name.
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 the
Court of of
and
of
witnesses, examined
Name of Witness.
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—
JUSTICE ISAAC KOBINA ABBAN
.............................................
Chief Justice (Chairman)
DR. OBED YAO ASAMOAH
..........................................
Attorney-General and Minister for
Justice (Member)
JUSTICE FRANCIS YAO NANSU KPEGAH
...............................................
Justice of the Supreme Court
(Member)
JUSTICE JOHN DEBRA SAPONG
.................................................
Justice of the Court of Appeal
(Member)
DSP FRANK ADU-POKU
............................................
Director, Legal Directorate, Ghana
Police Service (Member)
COL. ALEXANDER BEDIAKO DONKOR
...............................................
Judge Advocate-General of the
Ghana Armed Forces (Member)
DANIEL RANSFORD KODI SANKAH
..................................................
Editor, Council for Law Reporting
(Member)
PETER ALA ADJETEY
......................................
Ghana Bar Association (Member)
9. MRS. HANNA TETTEH-KPODAR
....................................................
Ghana Bar Association (Member)
10. MISS EIRENE QUAINOO
..........................................
(Secretary)
Date of Gazette Notification: 24th
October, 1997.
amended by
COURT OF APPEAL (AMENDMENT)
RULES, 1998 (CI 21)
COURT OF APPEAL (AMENDMENT) RULES,
1999 (CI 25).
|