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SUPREME COURT RULES, 1996 (CI 16)
As amended
ARRANGEMENT OF RULES
Rule
PART IGENERAL PROVISIONS
1. Sessions of the Court
2. Notice of cause lists
3. Right of audience
4. Register of causes or matters
5. Matters not expressly provided
for
PART IICIVIL APPEALS
6. Notice of grounds of appeal
7. Appeals by leave
8. Time limits
9. Notice of cross appeal
10. Service of notice of appeal
11. Settling record of appeal
12. Security for costs
13. Exhibits
14. Transmission of record
15. Stating case
16. Control of proceedings during
pendency of appeal
17. Notice of preliminary
objection to be filed
18. Withdrawal of appeal
19. Non-compliance with conditions
of appeal
20. Effect of appeal
21. Determination of doubts as to
finality of judgment
22. Interlocutory judgment not to
prejudice appeal
23. General powers of the Court
24. Non-appearance of appellant
25. Non-appearance of respondent
26. Application to re-list or set
aside
27. Costs in civil appeals
28. Execution of judgment by court
below
29. Appeals in prerogative orders
and writs
30. Appeals in chieftaincy matters
PART IIICRIMINAL APPEALS
31. Time for and manner of,
appealing in criminal cases
32. Notice of criminal appeal
33. Grounds of appeal
34. Notice of application for
extension of time to appeal
35. Notice of application for
leave to appeal
36. Forwarding of proceedings to
the Court
37. Copies of record for parties
38. Action on decision on
application to a single Justice
39. Abandonment of appeal
40. Withdrawal of notice of
abandonment of appeal
41. Temporary suspension of orders
42. Grant of bail
43. Notification of final
determination of appeals
44. Return of exhibits
PART IVORIGINAL JURISDICTION
45. Action brought to invoke
original jurisdiction
46. Statement of plaintiffs case
47. Service of writ
48. Appearance and statement of
defendants case
49. Amendment of writ or statement
of case
50. Memorandum of agreed issues
51. Arguments of law
52. Filing of document
53. Hearing
PART VREVIEW
54. Grounds for review
55. Time for applying for review
56. Procedure for bringing
application for review
57. Statement of respondent's case
58. Failure of respondent to file
his statement of case
59. Setting down date for hearing
60. Time limits
PART VISUPERVISORY JURISDICTION
61. Application brought to invoke
supervisory jurisdiction
62. Time limit
63. Service of applicant's
statement
64. Statement of respondent's case
and time limit
65. Setting down application for
hearing
66. Application for extension of
time
PART VIIREFERENCES TO THE COURT
67. References to the Court
PART VIIICHALLENGE OF ELECTION OF
PRESIDENT
68. Petition for challenging
election of President
69. Answer to petition
70. Evidence at hearing of
petition
71. Announcement of decision
PART IX MISCELLANEOUS
72. Copies of documents for the
Court
73. Exercise of powers of a single
Justice
74. Pronouncement of judgment of
the Court
75. Adjournments
76. New evidence
77. Examination regarding new
evidence
78. Reference by the Court
79. Waiver of non-compliance
80. Costs of actions
81. Return of documents or things
82. Interpretation
83. Revocation
SCHEDULE
Part I
Form 1
Form 2
Form 3
Form 4
Form 5
Form 6
Form 7
Form 8
Form 8A
Form 9
Form 10
Form 11
Form 12
Part II
Form 13
Form 14
Form 15
Form 16
Form 17
Form 18
Form 19
Form 20
Form 21
Form 22
Form 23
Form 24
Form 25
Form 26
Part III
Form 27
Part IV
Form 28
Form 29
IN exercise of the powers
conferred on the Rules of Court
Committee by clause (4) of article
33, clause (3) of article 64 and
clause (2) of article 157 of the
Constitution, these Rules are made
this 11th day of September, 1996.
PART IGENERAL PROVISIONS
Rule 1Session of the Court.
The sessions of the Supreme Court
referred to in these Rules as the
Court shall be held during term
and at such other times as the
Chief Justice may direct.
Rule 2Notice of Cause Lists.
(1) The Registrar shall, at least
fourteen days before the beginning
of each term, publish within the
precincts of the Court and in the
Gazette, the long list which shall
show the criminal and civil
appeals in respect of which
preliminary matters for hearing
have been completed.
(2) The publication shall be
notice to all parties of the
listing before the Court during
the term of any cause or matter
mentioned in the list.
(3) The Registrar shall during
each term publish, within the
precincts of the Court and of the
High Court of Justice in each
Region, at least fourteen days
before hearing, short lists which
shall show the criminal and civil
appeals or matters which are to be
heard by the Court.
(4) The Registrar shall deliver
notices of appeals referred to in
subrule (3) to the parties
affected or their counsel who
shall serve the parties by
themselves or their duly
authorised agents if service by an
officer of the Court is likely to
be difficult or unduly delayed.
(5) Notwithstanding subrules (1)
to (4) 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.
(6) Notice of hearing by the Court
of any cause or matter, other than
an appeal shall be by publication
within the precincts of the Court
and by service of notice on the
parties or their counsel.
Rule 3Right 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 4Register of Causes or
Matters.
The Registrar shall keep a
separate register of the various
causes or matters brought before
the Court under the following
headings
(a) appellate jurisdiction of the
Court
(i)
appeals as of right lodged under
clause (3) of article 33 of the
Constitution;
(ii) appeals in any civil cause or
matter lodged under clause (1) of
article 131 of the Constitution;
(iii) appeals in any criminal
cause or matter lodged under
clause (1) of article 131 of the
Constitution;
(iv) appeals brought from the
National House of Chiefs under
clause (4) of article 131 of the
Constitution;
(b) original jurisdiction of the
Court
(i)
in matters relating to the
challenge of election of the
President under clause (1) of
article 64 of the Constitution;
(ii) in matters relating to the
enforcement or interpretation of
any provisions of the Constitution
under article 2 and clause (1) of
article 130 of the Constitution;
(iii) in matters referred to the
Court under clause (3) of article
121 and of clauses (1) and (2) of
article 135 of the Constitution;
and
(c) any other jurisdiction.
Rule 5Matters 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 may require.
PART IICIVIL APPEALS
Rule 6Notice of Grounds of
Appeal.
(1) Any appeal to the Court in a
civil cause or matter shall be
brought by notice of appeal in the
Form 1 set out in Part I of the
Schedule to these Rules and shall
be filed with the registrar of the
court below.
(2) A notice of civil appeal shall
set forth the grounds of appeal
and shall state
(a) the address for service of the
appellant;
(b) whether the whole or part of
the decision of the court below is
complained of and in the latter
case the part complained of;
(c) the nature of the relief
sought;
(d) the name and address of
counsel for the appellant, if any,
which address shall be an address
for service;
(e) the names and addresses of all
parties affected by the appeal;
and
(f) the particulars of any
misdirection or error in law, if
so alleged.
(3) The appellant shall provide
sufficient number of copies of the
notice of the appeal for the use
of the Justices of the Court and
for service on all parties
directly affected by the appeal.
(4) 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 seriatim;
and where a ground of appeal is
one of law the appellant shall
indicate the stage of the
proceedings at which it was first
raised.
(5) No ground of appeal which is
vague or general in terms or
discloses no reasonable ground of
appeal shall be permitted, except
the general ground that the
judgment is against the weight of
evidence; and any ground of appeal
or any part of it which is not
permitted under this rule may be
struck out by the Court on its own
motion or on application by the
respondent.
(6) The appellant shall not,
without the leave of the Court,
argue or be heard in support of
any ground of appeal that is not
mentioned in the notice of appeal.
(7) Notwithstanding sub rules (1)
to (6) of this rule the Court
(a) may grant an appellant leave
to amend the ground of appeal upon
such terms as the Court may think
fit; and
(b) shall not, in deciding the
appeal, confine itself to the
grounds set forth by the appellant
or be precluded from resting its
decision on a ground not set forth
by the appellant.
(8) Where the Court intends to
rest a decision on a ground not
set forth by the appellant in his
notice of appeal or on any matter
not argued before it, the Court
shall afford the parties
reasonable opportunity to be heard
on the ground or matter without
re-opening the whole appeal.
Rule 7Appeals by Leave.
(1) An application for leave to
appeal under paragraph (b) of
clause (1) of article 131 of the
Constitution shall be by motion on
notice in the Form 2 set out in
Part I of the Schedule to these
Rules and shall be filed with the
Registrar of the court below
within fourteen days of the date
of the decision against which
leave to appeal is sought.
(2) An application for special
leave to appeal under clause (2)
of article 131 of the Constitution
shall be by motion on notice in
the Form 3 set out in Part I of
the Schedule to these Rules, and
shall be filed with the Registrar
of the Court within fourteen days
of the refusal of the court below
to grant leave to appeal.
(3) Where leave to appeal is
granted the appellant shall file a
notice of appeal in accordance
with the provisions of these
Rules.
(4) Notwithstanding sub-rules (1)
to (3) of this rule an application
for special leave to appeal under
clause (2) of article 131 shall be
entertained by the Court and the
Court may grant leave on such
terms as the Court may consider
fit having regard to the
circumstances of the case.
Rule 8Time Limits.
(1) Subject to the provisions of
any other enactment governing
appeals, a civil appeal shall be
lodged within
(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 period within
which an appeal may be lodged.
(2) The periods specified in
sub-rule (1) shall
(a) in the case of an appeal as of
right, be calculated from the date
of the decision appealed against;
and
(b) in any other case, be
calculated from the date on which
leave is granted.
(3) A civil appeal is lodged on
the date the notice of appeal is
filed
(4) An application for the
extension of time within which to
lodge an appeal in respect of a
final decision shall not be made
after the expiration of three
months from the end of the periods
prescribed by this rule within
which an appeal may be lodged.
(5) An application for the
extension of time within which to
lodge an appeal shall be supported
by an affidavit stating
(a) that leave has been granted
where necessary, and the date of
the leave;
(b) good and substantial reasons
for the application; and
(c) grounds of appeal which, prima
facie, show good cause that the
appeal has a reasonable chance of
success.
(6) Subject to sub-rule (4) of
this rule where a person has
applied to the court below for an
extension of time within which to
lodge a civil appeal and after a
period of not less than one month
from the date of the application
the court below
(a) has not granted or has refused
to grant the application; or
(b) has dismissed the application
the applicant may move the Court
to have the application determined
by the Court.
Rule 9Notice of Cross Appeal.
(1) A respondent who intends to
cross appeal shall give notice of
his intention to do so within
fourteen days of service upon him
of the notice of appeal.
(2) Rule 6 of these Rules shall,
with such modification as may be
necessary apply to a notice of a
cross appeal.
Rule 10Service of Notice of
Appeal.
(1) The Registrar of the court
below shall, after a notice of
appeal has been filed, cause a
copy of the notice to be served
upon each of the parties mentioned
in the notice of appeal as
directly affected by the appeal.
(2) The Court may direct notice to
be served on any party to the
original action or other
proceedings or upon any person not
a party to the original action or
other proceedings, and may adjourn
the hearing of the civil appeal
upon such terms as may be just,
and make such orders as might have
been made if the person served
with the notice had originally
been a party to the appeal.
(3) Any person served with a copy
of a notice of appeal under this
rule may, within seven days of the
service, file a notice of
appearance on his own or by
counsel, and shall, in the notice
of appearance give particulars of
his address and the address of his
counsel, if any, which shall be an
address for service.
(4) Notwithstanding anything to
the contrary contained in this
rule, a notice of appearance or
any other document relating to a
civil appeal which requires
service on any person may be filed
with the Registrar of the court
below for service.
(5) The copy for service of any
notice or other document filed in
accordance with sub-rule (4) of
this rule, may be given by the
Registrar of the court below to
the party filing it or to his
counsel who may serve it himself
or cause it to be served by his
duly authorised agent, if service
by an officer of the Court is
likely to be difficult or unduly
delayed.
Rule 11Settling Record of Appeal.
(1) When a civil appeal is lodged
with the Court, the Registrar of
the Court shall
(a) issue a summons in the Form 4
set out in Part I of the Schedule
to these Rules requesting the
parties to appear before him
within fourteen days of the
service of the notice to settle
the documents to be included in
the record of appeal; and
(b) settle and sign and in due
course file a list of the
documents, whether any of the
parties, attend to the summons or
not.
(2) The Registrar of the court
below and the parties to the
action shall
(a) endeavour to exclude from the
record of appeal any document
which is not relevant to the
subject matter of the appeal and
generally reduce the bulk of the
record of appeal as far as
practicable; and
(b) take special care to avoid
duplication of documents and
unnecessary repetition of headings
and other merely formal parts of
documents,
but any relevant document copies
of which are not included shall be
enumerated in a list to be
attached to 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 any party or
the other party, in spite of the
objection insists upon it being
included, the document shall be
included and the record of appeal
shall, with a view to the
subsequent adjustment of costs,
indicate in an index of papers or
otherwise the fact of the
objection and the party who
objected to the inclusion of the
document.
(4) The appellant shall, within
one month of settling the record
of appeal, deposit with the
Registrar of the court below a sum
fixed to cover the estimated
expenses 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
copies to be forwarded for the use
of the Court.
Rule 12Security for Costs.
(1) At the time of settling the
record of appeal the Registrar of
the court below shall notify the
appellant of the sum fixed by him
to be deposited as security for
which recognizance shall be given
by bond in the Form 5 set out in
Part I of the Schedule to these
Rules, With one or more sureties
as the Registrar may direct, for
the due prosecution of the appeal
or for the payment of any costs
which may be ordered to be paid by
the appellant.
(2) The security for costs or the
bond shall be deposited or
executed within one month of the
notification but this period may
be extended by the Registrar of
the court below for reasons which
seem to him sufficient.
(3) The Court may, where necessary
require security for costs or for
the performance of the orders to
be made on appeal, in addition to
the sum determined under this
rule.
Rule 13Exhibits.
(1) Subject to this rule, each
party shall, before or at the time
of settling the record of appeal,
deliver to the Registrar of the
court below any exhibit or thing
in the case or which were tendered
as exhibits and rejected, and all
other relevant documents which
were produced or put in by the
party at the trial and which are
in the party's custody or are
under his control.
(2) Where any party finds it
difficult to comply with sub-rule
(1) because of the nature of the
document or exhibit or because it
is in the possession of a third
party or for any other sufficient
reason, the party may apply to the
Registrar of the court below for
directions.
(3) The Registrar of the court
below may either of his own motion
or upon application, give any
direction he thinks fit, whether
dispensing with the provisions of
this rule or modifying its
application in any way or for
securing compliance with it.
(4) Exhibits and other documents
or things delivered to the court
below pursuant to 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 of
appeal to the Registrar and shall
remain in the custody of the Court
until the final determination of
the appeal.
(5) The Court or the Registrar
may, subject to such conditions as
it or he may impose, allow the
return of any exhibit or document
to any party pending the hearing
of the appeal.
Rule 14Transmission of Record.
(1) When the record of appeal is
ready the Registrar of the court
below shall cause notice to be
served on parties to the appeal in
the Form 6 set out in Part I of
the Schedule to these Rules.
(2) The Registrar of the court
below shall transmit to the
Registrar the record of appeal
together with
(a) a certificate of service, in
the Form 7 set out in Part I of
the Schedule to these Rules, of
the notice of appeal;
(b) a certificate, in the Form 8
set out in Part I of the Schedule
to these Rules, that the
provisions of these Rules have
been complied with; and
(c) the docket or file of the
cause or matter in the court below
containing all papers or documents
filed by the parties in connection
with the cause or matter.
(3) The Registrar shall, on
receipt of the record of appeal,
enter the appeal in the
appropriate register as required
by these Rules.
Rule 15Stating Case.
(1) The appellant shall,
(a) within three weeks of being
notified that the record is ready;
or
(b) within such time as the Court
may upon such terms as it may
determine,
file with the Registrar a
statement of his case based on the
grounds of appeal as set out in
the notice of appeal.
(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 8A in Part
1 of the Schedule and the Court
may upon that order the appeal to
be struck out. [As substituted by
Supreme Court (Amendment) Rules,
1999 (CI 24), (a)].
(3) The Registrar shall, as soon
as practicable after the filing of
the appellant's statement of case,
cause copies of the statement of
case to be served on the
respondent and any other party to
the appeal.
(4) A party upon whom an
appellant's statement of case is
served shall, if he wishes to
contest the appeal file the
statement of his case in answer to
the appellant's statement of case
within three weeks of the service,
or within such time as the Court
may upon such terms as it may
determine direct.
(5) The appellant may, within
fourteen days of the service on
him of the respondent's statement
of case, file with the Registrar a
reply to the respondent's
statement of case.
(6) The statement of case of each
party to the appeal
(a) shall set out the full case
and arguments to be advanced by
the party including all relevant
authorities and references to the
decided cases and the statute law
upon which the party intends to
rely; and
(b) 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 statement of case for the
determination of the appeal before
the Court.
(8) For the avoidance of doubt
where there is more than one
appeal, the statement of the case
of each party shall be in respect
of all the appeals concerned.
(9) Where a respondent does not
file a statement of his case and
does not agree jointly to state a
case pursuant to this rule, he
shall not be allowed to be heard
at the hearing of the appeal
except as to the question of
costs.
(10) At anytime after the
publication of the short list
containing the particulars of
appeal, but not less than seven
days before the hearing, each
party or his counsel shall, submit
to the Court a list of the decided
cases and the statute law on which
he intends to rely at the hearing
and shall serve g copy of any such
list on the other parties.
(11) Notwithstanding anything to
the contrary contained in these
Rules, any party to a civil appeal
may at any time before judgment
apply to the Court to amend any
part of the statement of his case
and the Court may having regard to
the interest of justice and to a
proper determination of the issue
between the parties, allow the
amendment on such terms as it may
consider fit.
Rule 16Control of Proceedings
During Pendency of Appeal.
(1) After the transmission of the
record of appeal from the court
below to the Court, the Court
shall be seized of the appeal and
any application relating to the
appeal shall subsequently be made
to the Court.
(2) Any application filed in the
court below after the transmission
of the record of appeal shall be
transmitted to the Court.
Rule 17Notice of Preliminary
Objection to be Filed.
(1) Where a respondent has not
indicated in his statement that he
intends to rely upon a preliminary
objection at the hearing of a
civil appeal he shall, before
raising such objection at the
hearing, give fourteen clear days
notice to the appellant in the
Form 9 set out in Part I of the
Schedule to these Rules, setting
out in full the grounds of
objection and the arguments in
support of his objection.
(2) The appellant shall, within
seven days of the service of the
notice on him, file any reply he
may have to the grounds of
objection and the arguments in
support of the reply.
(3) Where a respondent or an
appellant fails to comply with
this rule the Court may refuse to
entertain the objection or the
reply or may adjourn the hearing
and may make any other order as it
considers fit.
Rule 18Withdrawal of Appeal.
(1) Subject to Rule 9 of these
Rules where an appellant files
with the Registrar a notice of
withdrawal of his appeal or of any
part of it in the Form 10 set out
in Part I of the Schedule to these
Rules, his appeal shall be
considered dismissed to the extent
of the notice of withdrawal.
(2) Copies of the notice of the
withdrawal shall be served on any
of the parties with regard to whom
the appellant wishes to withdrawn
his appeal, and any party so
served shall be precluded from
claiming any costs incurred by him
after the service unless otherwise
ordered by the Court.
(3) A party served with a notice
of withdrawal may on notice to the
appellant, apply to the Taxing
Officer for an order to recover
such costs as he may necessarily
or reasonably have incurred prior
to the service on him of the
notice of withdrawal together with
his Costs incurred for the
purposes of obtaining the order
and for attending the Court.
Rule 19Non-Compliance with
Conditions of Appeal.
(1) Where an appellant has not
fulfilled the conditions to be
complied with by him in accordance
with these Rules, the Registrar of
the court below shall certify that
fact to the Court, in the Form 11
set out in Part I of the Schedule
to these Rules, and the Court may
thereupon order that the appeal be
dismissed with or without costs.
(2) An appellant whose appeal has
been dismissed pursuant to this
rule may apply by motion on notice
to have his appeal restored, and
the Court may, for good and
sufficient cause, order that the
appeal be restored upon such terms
as it may consider fit.
(3) Notwithstanding sub-rules (1)
and (2) of this rule, an appellant
may apply to the Court for an
extension of time within which to
fulfil the conditions to be
complied with in accordance with
these Rules and the Court may, for
good and sufficient cause shown,
grant an extension of time subject
to such conditions as the Court
may impose.
Rule 20Effect of Appeal.
(1) A civil appeal shall not
operate as a stay of execution or
of proceedings under the judgment
or decision appealed against
except in so far as the Court or
the court below may otherwise
order.
(2) Subject to these Rules and to
any other enactment governing
appeals, an application for stay
of execution or of proceedings
shall first be made to the court
below and if that court refuses to
grant the application, the
applicant shall be entitled to
repeat the application before the
Court for determination.
Rule 21Determination of Doubts as
to Finality of Judgment.
Whenever any doubt arises as to
whether any judgment, order,
decree or decision is final or
interlocutory, the question shall
be determined by the Court.
Rule 22Interlocutory Judgment not
to Prejudice Appeal.
An interlocutory judgment, decree
or order from which there has been
no appeal shall not operate to bar
or prejudice the Court from giving
its own decision upon the appeal
as may seem just.
Rule 23General Powers of the
Court.
(1) The Court may, after
considering the statement of the
case of each of the parties to the
appeal and any other papers or
arguments filed by the parties,
decide to determine the appeal and
give judgment in Court on a fixed
date without further argument or
may appoint a date on which the
parties shall appear before the
Court for the hearing of further
arguments.
(2) Where the Court decides to
hear oral arguments the appellant
shall, unless the Court otherwise
directs, first argue his case and
the respondent shall, unless the
Court otherwise directs be
entitled to reply.
(3) The Court may in hearing any
civil appeal make any order
necessary for determining the real
issue or question in controversy
between the parties.
Rule 24Non-Appearance of
Appellant.
(1) Where an appellant fails to
appear when his appeal is called
for hearing, the Court may
(a) proceed to hear the appeal and
consider the case on the basis of
the case stated by the appellant
and allow or dismiss the appeal
with or without costs; or
(b) strike out the appeal with or
without costs.
(2) Where an appeal has been
struck out owing to the
non-appearance of the appellant
the Court may, on the application
of the appellant made within one
month of the striking out and for
sufficient cause shown by the
appellant, direct the appeal to be
re-listed for hearing, on such
terms as it may consider just.
Rule 25Non-Appearance of
Respondent.
(1) Where the respondent fails to
appear when the appeal is called
for hearing, the Court may proceed
to hear the appeal.
(2) Where an appeal has been heard
in accordance with sub-rule (1) of
this rule and any judgment given
is adverse to the respondent, he
may within one month of the
delivery of the judgment apply to
the Court to have the judgment set
aside and the appeal re-heard, on
such terms as the Court may
direct.
Rule 26Application to Re-List or
Set Aside.
An application under rule 24 or 25
of these Rules shall be by motion
on notice accompanied by an
affidavit setting out the full
reasons and grounds for the
application.
Rule 27Cost in Civil Appeals.
(1) Where the costs of a civil
appeal are allowed, they may
either be determined by the Court
at the time when the judgment is
given or may be ordered to be
taxed.
(2) There shall be a Taxing
Officer who shall tax all costs
according to a scale to be laid
down by law.
(3) A person aggrieved by an
order, decision or ruling of the
Taxing Officer may apply to a
single Justice of the Court to set
aside or vary the order, decision
or ruling and to make any other
order as the Judge may think fit.
(4) An application made under
sub-rule (3) shall be by motion on
notice supported by an affidavit,
and notice of the motion shall be
served on the Taxing Officer and
on all parties that have interest
in the matter.
Rule 28Execution of Judgment by
Court Below.
Where the Court directs any
judgment or order to been forced
by any other court, certificate in
the Form 12 set out in Part I of
the Schedule to these Rules under
the seal of the Court and the hand
of the presiding Justice setting
out the judgment or order shall be
transmitted by the Registrar to
that other court, and the latter
shall enforce the judgment or
order in the terms of the
certificate.
Rule 29Appeals in Prerogative
Orders and Writs.
The provisions of these Rules
relating to civil appeals shall,
with such modifications as the
Court may determine, apply to an
appeal brought to the Court under
clause (3) of article 33 of the
Constitution.
Rule 30Appeals in Chieftaincy
Matters.
The provisions of these Rules
relating to civil appeals shall,
with such modifications as the
Court may determine, apply to the
hearing by the Court of an appeal
from the National House of Chiefs
brought to the Court under clause
(4) of article 131 or clause (1)
of article 273 of the
Constitution.
PART IIICRIMINAL APPEALS
Rule 31Time for and Manner of,
Appealing in Criminal Cases.
(1) Where the Republic or any
person desires to appeal to the
Court in a criminal cause or
matter he shall give notice of an
application for leave to appeal
within one month of the decision
of the court below.
(2) The period within which notice
of a criminal appeal or notice of
an application for leave to appeal
may be given may be extended at
any time by the court below or by
the Court on an application on
notice.
(3) The notice of a criminal
appeal or notice of an application
for leave to appeal or notice of
an application for extension of
time within which such notice
shall be given shall be filed with
the court below.
(4) Where the court below refuses
to grant an application for leave
to appeal, the appellant may apply
to the Court for special leave to
appeal and the Registrar shall
accordingly notify the court below
of the application and of its
results.
(5) A notice referred to in
sub-rule (3) of this rule shall be
in the Forms 13, 14, or 15 set out
in Part II of the Schedule to
these Rules.
Rule 32Notice of Criminal Appeal.
(1) Except as otherwise provided
in sub-rule (5) of this rule,
every notice of a criminal appeal,
or notice of an application for
leave to appeal, or notice of an
application for extension of time
within which the notice shall be
given, shall be signed by the
appellant or his counsel.
(2) Any notice or other document
which is required or authorised to
be given or sent shall be
considered to be duly given or
sent at the time of posting 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.
(3) Where an appellant or any
other person authorised or
required to give notice of a
criminal appeal or notice of any
application, is for any valid
reason, unable to sign or write,
he may affix his mark and
thumb-print on it in the presence
of a witness who shall attest it,
and upon that, the notice shall be
considered to be duly signed by
the appellant or that other
person.
(4) Where it has been contended at
the original trial that a person
was not responsible according to
law for his actions on the ground
that he was insane at the time the
act was done or the omission was
made by him, any notice required
to be given and signed by the
appellant himself may be given and
signed by his counsel.
(5) Where the appellant is a body
corporate any notice or other
document required to be signed
under these Rules shall be signed
by a director, manager, trustee or
counsel of that body corporate.
Rule 33Grounds of Appeal.
(1) The notice of criminal appeal
or notice of an application for
leave to appeal shall set out
concisely and under distinct heads
numbered seriatim the grounds upon
which the appellant intends to
rely at the hearing of the appeal
without any argument or narrative.
(2) No ground of appeal which is
vague or general in terms or
discloses no reasonable ground of
appeal shall be permitted except
the general ground that the
judgment is unreasonable or cannot
be supported having regard to the
evidence.
(3) Any ground of appeal or any
part of it which is not permitted
under sub-rule (2) may be struck
out by the Court on its own motion
or on application by the
respondent.
(4) The appellant shall not
without the leave of the Court,
argue or be heard in support of
any ground not mentioned in the
notice of criminal appeal or the
notice of an application for leave
to appeal.
(5) Notwithstanding subrules (1)
to (4) of this rule the Court
(a) may grant an appellant leave
to amend the grounds of appeal
upon such terms as the Court may
think just;
(b) shall not in deciding the
appeal, be obliged to confine
itself to the grounds set out by
the appellant nor shall the Court
be precluded from resting its
decision on any ground not set out
by the appellant.
(6) Where the Court intends to
rest a decision on a ground not
set out by the appellant in his
notice of appeal or on any matter
not argued before it, the Court
shall afford the parties
reasonable opportunity to be heard
on any ground or matter without
re-opening the whole appeal.
Rule 34Notice of an Application
for Extension of Time to Appeal.
Any person making an application
for extension of time within which
notice may be given under Rule 31
of these Rules shall send to the
Registrar of the court below
(a) the proper form of the
application for extension; and
(b) a form duly filled in or
notice of a criminal appeal, or of
notice of an application for leave
to appeal.
Rule 35Notice of Application for
Leave to Appeal.
Where the Court or the court below
gives an appellant leave to
appeal, it shall not be necessary
for the appellant to give any
notice of a criminal appeal and
the notice of the application for
leave to appeal shall be
considered as the notice of a
criminal appeal.
Rule 36Forwarding of Proceedings
to Court.
(1) Where the court below receives
a notice of a criminal appeal or
grants an application for leave to
appeal, the Registrar of the court
below shall forward to the
Registrar of the Court
(a) the notice of the criminal
appeal or the notice of an
application for leave to appeal
the order of the court below
granting leave to appeal; and
(b) not less than nine copies of
the proceedings in the court
below.
(2) The Registrar of the court
below shall also forward to the
Registrar the original exhibits in
the case as far as practicable and
any other documents or things
normally kept by him, or that form
part of the record of the court
below.
(3) The Court or the Registrar may
allow the return of any exhibit,
document or thing to any party
pending the hearing of the
criminal appeal and subject to
such conditions as it or he may
impose.
Rule 37Copies of Record for
Parties.
(1) Subject to clause (4) of
article 19 of the Constitution, an
appellant may, at any time after
notice of a criminal appeal or
notice of an application for leave
has been given him obtain from the
Registrar of the court below free
of charge for the purposes of the
appeal, copies of the record of
the proceedings.
(2) The respondent shall be
supplied with a copy of the record
of the proceedings.
Rule 38Action on Decision on
Application to Single Justice.
Where an application has been
dealt with by a single Justice or
three Justices of the Court in the
absence of the appellant or his
counsel the Registrar shall inform
the appellant of the decision of
the Justices in the Form 16 set
out in Part II of the Schedule to
these Rules.
Rule 39Abandonment of Appeal.
(1) An appellant may, at any time
after he has duly filed notice of
a criminal appeal or of an
application for leave to appeal,
or of an application for extension
of time within which the notice
shall be given to the Registrar,
abandon his appeal or application,
by giving notice of' the
abandonment in the Form 17 set out
in Part II of the Schedule to
these Rules.
(2) Where notice provided for
under sub-rule (1) has been given,
the appeal or application shall be
considered struck out.
(3) Upon receipt of a notice of
abandonment the Registrar shall
give notice as in the Form 18 set
out in Part II of the Schedule to
these Rules to the respondent, the
prison authorities and the
Registrar of the court below.
(4) In the case of an appeal in
respect of a conviction involving
a sentence of death, the Registrar
shall, in addition, give notice of
the abandonment, to the
appropriate Minister.
Rule 40Withdrawal of Notice of
Abandonment.
An appellant who has abandoned his
criminal appeal may, with the
leave of the Court, withdraw his
notice of abandonment by
completing and sending to the
Registrar a notice in the Form 19
set out in Part II of the Schedule
to these Rules.
Rule 41Temporary Suspension of
Orders.
(1) Unless the Court otherwise
directs, an order made by any
court on the conviction of any
person
(a) requiring that person to pay
the whole or any part of the costs
and expenses of the prosecution
for the offence out of any money
taken from him on his arrest or
otherwise; or
(b) requiring that person to pay a
reward to any other person who
appears to that court to have
taken an active part in the arrest
of the convicted person; or
(c) awarding to any person
aggrieved by the offence any sum
of money to be paid by the
convicted person or by any other
person; or
(d) requiring the return,
restitution or delivery of any
property to any person, or
(e) affecting any right or
property of the convicted person
shall be suspended where notice of
a criminal appeal or notice of an
application for leave to appeal
against the conviction is filed
until the determination of the
appeal or until the appeal is
abandoned.
(2) Where on the acquittal or
discharge of any person charged
with an offence, an order is made
by the Court for the payment of
any costs or, compensation by the
prosecution or by the complainant
to the person acquitted or
discharged, the order shall be
suspended when notice of a
criminal appeal or notice of an
application for leave to appeal
against the acquittal or discharge
is filed, until the determination
of the appeal or until the appeal
is abandoned.
(3) Where upon the conviction of
any person of any offence any
disqualification, forfeiture or
disability attached to that person
by reason of the conviction, and
notice of a criminal appeal or
notice of all application for
leave to appeal against the
conviction is filed, the
disqualification, forfeiture or
disability shall be suspended
until the determination of the
appeal or until the appeal is
abandoned.
(4) Where upon the conviction of
any person of any offence, any
property, matter or thing which is
the subject matter of the
prosecution or is connected with
it is required to be or may be
ordered to be destroyed or
forfeited under any law, and
notice of a criminal appeal or
notice of an application for leave
to appeal against the conviction
is filed, the order for
destruction or forfeiture shall be
suspended until the determination
of the appeal or until the appeal
is abandoned.
Rule 42Grant of Bail.
(1) The Court may at any time
during the pendency of a criminal
appeal on its own motion or on an
application made by any person
grant bill to the appellant or
revoke or vary any order
previously made.
(2) Where the Court grants bail to
an appellant pending the
determination of his appeal, the
Court shall specify the amount in
which the appellant and his
surety, if any, shall be bound by
recognizance and unless otherwise
directed by the Court the
recognizance of the appellant or
his surety shall be taken before
the Registrar.
(3) The recognizances provided for
in this rule shall be in the Forms
20 and 21 set out in Part II of
the Schedule to these Rules.
(4) An appellant who has been
granted bail shall be personally
present at each and every hearing
of his appeal and at the final
determination of the appeal unless
the Court otherwise directs.
(5) Where an appellant is not
present at the hearing of his
appeal after having been granted
bail under this rule, the Court
may
(a) consider the appeal in his
absence and make such order as it
thinks fit; or
(b) proceed summarily to dismiss
the appeal and issue a warrant for
the arrest of the appellant in the
Form 22 set out in Part II of the
Schedule to these Rules.
(6) Sub-rule (5) shall apply with
such modifications as the Court
may direct in any case where all
appellant indicates that he
desires to be present at the
hearing of his appeal but does not
in fact attend.
Rule 43Notification of Final
Determination of Appeals.
(1) On the final determination of
a criminal appeal or of any
application to the Court, the
Registrar shall give to the
appellant if he is in custody and
was not present at the
determination, and to the
respondent and the prison
authorities notice of the
determination in the Forms 23, 24,
25 or 26 set out in Part II of the
Schedule to these Rules as the
case may be.
(2) In the case of an appeal in
respect of a conviction involving
a sentence of death, the
Registrar, shall, on receiving the
notice of a criminal appeal or of
an application for extension of
the time within which to appeal,
send copies of the notice to the
appropriate Minister and to the
prison authorities.
(3) The Registrar shall on the
final determination of the appeal
notify the appellant, the
appropriate Minister, the
respondent and the prison
authorities of the decision of the
Court.
(4) The Registrar shall, upon the
final determination of a criminal
appeal, notify the Registrar of
the court below, and by a formal
order inform him of the decision,
and any orders or directions made
or given by the Court in
connection with the appeal.
(5) The Registrar of the court
below shall, on receiving the
formal order referred to in this
rule, enter the particulars of the
order in the records of that
court.
Rule 44Return of Exhibits.
Upon the final determination of a
criminal appeal the Registrar
shall, where practicable, and
subject to any order of the Court,
cause to be returned to the
Registrar of the court below any
exhibit or document or things
forwarded to the Court in
connection with the appeal.
PART IVORIGINAL JURISDICTION
Rule 45Action Brought to Invoke
Original Jurisdiction
(1) Except as otherwise provided
in these Rules, an action brought
to invoke the original
jurisdiction of the Court shall be
commenced by writ in the Form 27
set out in Part III of the
Schedule to these Rules which
shall be signed by the plaintiff
or his counsel.
(2) The writ shall set out as
concisely as possible the nature
of the relief sought by the
plaintiff and shall state
(a) the full name of the plaintiff
and the capacity in which he is
bringing the action;
(b) the address of the plaintiff
and of his counsel if any, which
shall be an address for service;
(c) the names and addresses of all
parties who may be directly
affected by the action; and
(d) such other particulars as the
Court may from time to time
direct.
(3) A copy of the writ shall be
served on each of the parties
mentioned in the writ as directly
affected who shall be considered
as the defendants and on the
Attorney-General if not named
specifically as a defendant.
(4) The Court may, at any time on
its own motion or on the
application of a party, order that
any other person shall be made a
party to the action in addition to
or in substitution for any other
party.
Rule 46Statement of Plaintiffs
Case.
(1) The plaintiff may file a
statement of his case with the
writ, or shall in any case within
fourteen days of the filing of the
writ file the statement of his
case.
(2) The statement of the
plaintiffs case shall state
(a) the facts and particulars,
documentary or otherwise, verified
by an affidavit, upon which the
plaintiff seeks to rely;
(b) the number of witnesses to be
called, if any; and
(c) a list of the decided cases
and of the statute law on which
the plaintiff intends to rely.
(3) Where a statement of the
Plaintiffs case is not filed
within fourteen days of the filing
of the writ, the respondent may
apply to the Court to have the
action struck out.
Rule 47Service of Writ.
The Registrar shall, as soon as
practicable after the filing of
the statement of the plaintiffs
case, serve copies of the
statement on the defendant and on
the Attorney-General.
Rule 48Appearance and Statement
of Defendants Case.
(1) A defendant upon whom a writ
and a statement of the plaintiffs
case are served shall, if he
wishes to contest the case, within
fourteen days of the service of
the statement of the plaintiff's
case, or within such time as the
Court upon terms may direct, file
a statement of the defendant's
case which shall be signed by the
defendant or his counsel.
(2) The statement of the
defendant's case shall state
(a) the facts and particulars,
documentary or otherwise, verified
by affidavit, upon which the
defendant seeks to rely;
(b) the number of witnesses to be
called; if any;
(c) the name and the address for
service of his counsel, where he
is represented by counsel; and
(d) a list of the decided cases
and of the statute law on which he
seeks to rely.
(3) The Attorney-General, if not
mentioned as a defendant may, if
he chooses, file an answer within
fourteen days of the service on
him of the statement of the
plaintiffs case and shall in any
case do so when ordered by the
Court.
(4) Notwithstanding subrule (1)
to (3) of this rule a plaintiff
may apply to the Court for an
extension of time within which to
fulfil the conditions to be
complied with in accordance with
these Rules and the Court may, for
good and sufficient cause shown,
grant an extension of time subject
to such conditions as the Court
may impose.
Rule 49Amendment of Writ or
Statement of Case.
A
writ or statement of the
plaintiffs or of the defendant's
case may be amended at any time
with the leave of the Court on
such terms as the Court may
determine.
Rule 50Memorandum of Agreed
Issues.
(1) The parties may agree to file,
or shall, if so ordered by the
Court, file a memorandum
specifying the issues agreed by
them to be tried at the hearing o
the action.
(2) The memorandum of agreed
issues shall be signed by the
parties and may, with the leave of
the Court granted upon such terms
as the Court may determine, be
amended upon the application of
the parties.
(3) Where the parties cannot agree
on the issues each party may file
his own memorandum of issues.
Rule 51Arguments of Law.
The Court may, after the
memorandum of issues has been
submitted to it, order any of the
parties to clarify or state fully
in writing any further arguments
of law with a list of the decided
cases and the statute law in
support of his case not already
dealt with in the statement of his
case or in the memorandum of
issues.
Rule 52Filing of Document.
The statement of the plaintiffs
case and of the defendant's case
as well as the memorandum of
issues or the arguments of the law
shall be filed with the Registrar.
Rule 53Hearing.
(1) The Court may, after
considering the statement of the
plaintiff's case and of the
defendant's case, the memorandum
of issues and any arguments of
law, decide to determine the
action and give judgment in Court
on a fixed date without further
arguments or may appoint a time at
which the parties shall appear
before the Court for further
arguments in the action.
(2) Where the Court decides to
hear oral evidence and arguments,
the plaintiff shall at such
hearing, unless the Court directs
otherwise, first open his case and
each defendant shall then be
entitled to reply to it before any
witnesses are called to testify.
(3) Any evidence given may either
be by oral examination in the
court or by affidavit or by
deposition taken before an
examiner as the Court may direct
in accordance with the Form 28 in
Part IV of the Schedule.
PART VREVIEW
Rule 54Grounds for Review.
The Court may review any decision
made or given by it on the
following grounds
(a) exceptional circumstances
which have resulted in miscarriage
of justice;
(b) discovery of new and important
matter or evidence which, after
the exercise of due diligence, was
not within the applicant's
knowledge or could not be produced
by him
at the time when the decision was
given.
Rule 55Time for Applying for
Review.
An application for review shall be
filed at the Registry of the Court
not later than one month from the
date of the decision sought to be
reviewed.
Rule 56Procedure for Bringing
Application for Review.
(1) The application for review
shall be by motion supported by an
affidavit and accompanied by a
statement of the applicant's case,
clearly setting out and fully
arguing all relevant grounds on
which the applicant relies.
(2) The motion shall be on notice
to all parties affected by the
application.
Rule 57Statement of Respondents
Case.
A
respondent to the application
shall, within fourteen days of the
service on him of the application
file a statement of his case, in
answer to the application, fully
arguing his case.
Rule 58Failure of Respondent to
File his Statement of Case.
If the respondent fails to file
his statement of case within the
time limit specified in rule 57,
the applicant may set down the
application for hearing with
notice to the respondent.
Rule 59Setting Down Date for
Hearing.
(1) After receipt of the statement
of case of the respondent, or
after fourteen days of the service
of the applicant's statement of
case on the respondent, the
Registrar may set the application
down for hearing.
(2) The Court may, after the
statement of the applicant's case
and of the respondent's case and
any arguments of law, decide to
determine the application and give
ruling in court on a fixed date
without further arguments or may
appoint a time at which the
parties shall appear before the
Court for further argument in the
application.
(3) A respondent who fails to file
his statement of case within the
time limit specified in rule 57
shall not be heard in open court,
except as to the question of
costs.
Rule 60Time Limits.
Any of the time limits specified
in this Part may, on application,
be extended or abridged by the
Court.
PART VISUPERVISORY JURISDICTION
Rule 61Application to Invoke
Supervisory Jurisdiction.
(1) An application seeking to
invoke the supervisory
jurisdiction of the Court under
article 132 of the Constitution
shall be by motion on notice as
specified in Form 29 set out in
the Schedule to these Rules and
shall
(a) be accompanied by an
affidavit: and;
(b) in the case of an application
of an order of certiorari or
prohibition, by filed with a copy
of the decision, order,
determination or other proceeding
against which the application is
sought; [As substituted by Supreme
Court (Amendment) Rules, 1999 (CI
24), (b)].
(2) The notice of motion shall be
accompanied by a statement of the
applicant's case based upon the
reliefs sought and the grounds of
the application.
Rule 62Time Limit.
An application to invoke the
supervisory jurisdiction of the
Court shall be filed within 90
days of the date when the grounds
for the application first arose
unless the time is extended by the
Court. [As substituted by Supreme
Court (Amendment) Rules, 1999 (CI
24), (c)].
Rule 63Service of Applicants
Statement.
The Registrar shall, as soon as
practicable after the filing of
the applicant's statement
applicant's statement of case,
cause copies of the statement of
case together with a copy of the
notice of motion to be served on
the respondent and any other
interested party.
Rule 64Statement of Respondents
Case and Time Limit.
(1) A party upon whom an
applicant's statement of case is
served shall, if he intends to
oppose the application, within
fourteen days of the service, or
within such time as the Court upon
terms may direct, file a statement
of his case in answer to the
applicant's statement.
(2) The applicant may, within
seven days of the service on him
of the respondent's statement of
case, file with the Registrar a
reply to the respondent's
statement of case.
Rule 65Setting Down Application
for Hearing.
On the receipt of the reply to the
respondents statement of case, or
where the applicant does not file
a reply within the period
specified in sub-rule (2) of rule
64, the Registrar shall set down
the application for hearing on a
date convenient to the Court.
Rule 66Application for Extension
of Time.
An application for the extension
of time within which to invoke the
supervisory jurisdiction of the
Court under rule 62 shall not be
made after the expiration of the
three months period within which
an application seeking to invoke
the supervisory jurisdiction may
be filed.
PART VIIREFERENCES TO THE COURT
Rule 67References to the Court.
(1) A reference to the Court for
the determination of any question,
cause or matter pursuant to any
provision of the constitution or
of any other law shall be by way
of a case stated by the court
below, or by the person or
authority making the reference.
(2) A case stated under sub-rule
(1) of this rule shall contain
(a) a summary of the action or
matter before the court below or
the person or the authority from
which the reference is made;
(b) the issue involved in the
matter before the court or that
person or authority;
(c) the matter or question
referred for determination by
Court;
(d) any findings of fact relevant
to the matter or question referred
to the Court;
(e) the arguments of counsel, if
any;
(f) the ruling or decision of the
court below or of that person or
authority. And
(g) a statement by the court below
that the determination of the
constitutional matter or question
is necessary to a decision of the
action, where the reference is
made under clause (2) of article
130 of the Constitution.
(3) Each party may, with the
consent of the court below or that
person or authority, and shall,
when so ordered by the Court,
state his case or jointly state a
case containing arguments of law
and a list of the decided cases
and the statute law in support of
the case.
(4) The Court may call for the
record of the proceedings before
the court below or before the
person or authority making the
reference.
(5) The provisions of rule 53 of
these Rules shall, with such
modifications as may be necessary
apply to reference before the
Court.
PART VIIICHALLENGE OF ELECTION OF
PRESIDENT
Rule 68Petition for Challenging
Election of President.
(1) A petition presented pursuant
to clause (1) of article 64 if the
Constitution shall state
(a) the full name and address of
the petitioner and of his counsel,
if any, which shall be an address
for service;
(b) the grounds for challenging
the validity of the election;
(c) a statement of the facts
relied on to be verified by
affidavit, and of the law in
support of the petition;
(d) the number of witnesses to be
called, if any; and
(e) such other matters as the
Court may determine.
(2) The petition shall be filed
with the Registrar.
Rule 69Answer to Petition.
(1) The Attorney-General and any
other person upon whom a petition
is served may file with the
Registrar, within twenty-one days
of the service, an answer to the
petition which shall state
(a) the grounds of opposition to
the petition;
(b) the facts relied upon,
verified by affidavit;
(c) the law in support of the
answer in opposition to the
petition; and
(d) the number of witnesses to be
called, if any.
(2) The answer to the petition
shall be filed with the Registrar.
Rule 70Evidence of Hearing
Petition.
(1) A party to the petition may at
the hearing of the petition with
the leave of the Court call any
witness.
(2) The Court may on its own
motion call any witness whose
evidence, is in the opinion of the
Court, likely to be relevant to
the matter before the Court.
Rule 71Announcement of Decision.
The Court shall at the conclusion
of the hearing of the petition
deliver its judgment and the
Registrar shall within seven days
of the delivery of the judgment
forward a copy of the judgment to
the Electoral Commission.
PART IXMISCELLANEOUS
Rule 72Copies of Documents for
Court.
Where for the Purpose of these
Rules any person files or is
required to file any document he
shall, in addition file sufficient
number of copies of the document
for the use of the Justices of the
Court and for service on the
Attorney-General, on all other
parties and on such other persons
as the Court may direct.
Rule 73Exercise of Powers of a
Single Justice.
An application made pursuant to
article 134 of the Constitution in
respect of any cause or matter,
civil or criminal shall be by
motion on notice and shall be
served on any party who has an
interest in the cause or matter.
Rule 74Pronouncement of Judgment
of Court.
(1) At the conclusion of the
hearing of any matter before the
Court, each Judge shall be at
liberty to express his opinion on
the matter before the Court.
(2) The judgment, order or decree
of the Court shall be pronounced
by the presiding Justice or such
other Justice of the Court hearing
the question or matter as the
presiding Justice may direct.
(3) Opinions of the Justices of
the Court shall be handed over to
the Registrar of the Court
immediately after delivery for the
compilation of a composite opinion
of the Court and copies thereof
shall upon payment of the
requisite fees be given to the
parties and the public after they
have been duly certified by the
Registrar of the Court in
accordance with section 99 (1) of
the Courts Act, 1993 (Act 459).
Rule 75Adjournments.
The Court may adjourn any action
or matter before it as it
considers fit to do and upon such
terms as it may think fit.
Rule 76New Evidence.
(1) A party to an appeal before
the Court shall not be entitled to
adduce new evidence in support of
his original action unless the
Court, in the interest of justice,
allows or requires new evidence
relevant to the issue before the
Court to be adduced.
(2) No such evidence shall be
allowed unless the Court is
satisfied that with due diligence
or enquiry the evidence could not
have been and was not available to
the party at the hearing of the
original action to which it
relates.
(3) Any such evidence may be by
oral examination in Court, by an
affidavit or by deposition taken
before an examiner as the Court
may direct.
Rule 77Examination Regarding New
Evidence.
(1) Where the Court orders the
examination of a witness to be
conducted otherwise than before
the Court, the order shall specify
the person appointed as examiner
to take the evidence, the place of
taking the evidence, the
examination and the witness to be
so examined.
(2) The Registrar shall furnish
the examiner with any documents or
exhibits and any other material
relating to the issue before the
Court as and when required by the
examiner.
(3) The documents, exhibits and
other materials furnished pursuant
to sub-rule (2) shall be returned
to the Registrar by the examiner
together with any depositions
taken and any report made by the
examiner in accordance with the
provisions of this rule upon the
conclusion of the examination.
(4) When the examiner has
appointed the day and time for the
examination he shall request the
Registrar to notify the parties
and their counsel, if any and the
prison authorities if any of the
parties is in prison.
(5) The Registrar shall cause to
be served on every witness to be
examined a notice as specified in
the Form 28 set out in Part IV of
the Schedule to these Rules.
(6) Every witness examined before
an examiner in accordance with
this rule shall give his evidence
upon oath or affirmation to be
administered by the examiner.
(7) The examination of every
witness shall be in public in the
form of a deposition unless
otherwise ordered by the Court.
Rule 78Reference by the Court.
(1) Where the Court makes an order
referring any matter to a referee
by or an arbitrator for an opinion
on any question arising out of a
cause or matter before it, the
Court shall specify the question
so referred.
(2) The provisions of rule 76 of
these Rules shall apply with such
modification as may be necessary
to a reference made under this
rule.
Rule 79Waiver of Non-Compliance.
Where a party to any proceedings
before the Court fails to comply
with any provision of these Rules
or with the terms of any order or
direction given or with any rule
of practice or procedure directed
or determined by the Court, the
failure to comply shall be a bar
to further prosecution of
proceedings unless the Court
considers that the non-compliance
should be waived.
Rule 80Costs of Actions.
The award of costs on the
determination of any matter shall
be at the discretion of the Court.
Rule 81Return of Documents or
Things.
On the final determination of an
appeal, the Registrar shall,
within one month of such
determination, forward to the
court below the exhibits and
documents or other things received
by him or by the Court in respect
of the appeal to which the
documents or things relate.
Rule 82Interpretation.
In these Rules, unless the context
otherwise requires
appellant includes the party
appealing from judgment, order or
decree and his counsel;
appropriate Minister means
Minister responsible for Justice;
civil appeal includes an appeal
brought in a civil cause or
matter, an appeal brought pursuant
to clause (3) of article 33,
clause (4) of article 131 and
clause (1) of article 273 of the
Constitution;
the Court means the Supreme
Court;
court below means the court or
body from which an appeal or other
cause or matter is brought;
criminal appeal means an appeal
brought in a criminal cause or
matter;
interlocutory decision means a
decision which is not a final
decision in any cause or matter;
High Court includes Regional
Tribunals;
leave includes special leave;
long list means the cause list
published under sub-rule (1) of
rule 2 of these Rules;
memorandum of agreed issues
means the memorandum of agreed
issues prepared pursuant to rule
50 of these Rules;
party includes any party to an
appeal or other proceedings and
his counsel;
record of appeal includes the
pleadings, proceedings, evidence
and judgments and the aggregate of
the papers relating to an appeal
proper to be laid on the hearing
of an appeal before the Court
pursuant to sub-rule (1) of the
rule 11 of these Rules;
Registrar includes the Judicial
Secretary and the Deputy Judicial
Secretary and the Registrar of the
Court;
Republic includes the Government
and any Department or Minister of
State;
respondent means
(a) in a civil appeal, any party
directly affected by the appeal
other than the appellant.
(b) in a criminal appeal, the
Republic or other person who
undertakes the defence of the
judgment appealed against;
(c) counsel for a party mentioned
in paragraph (a) or (b);
short list means the cause list
published under sub-rule (3) of
Rule 2 of these Rules;
signature includes a thumb-print
and a mark;
Supreme Court includes a single
Justice, five or more Justices;
Taxing Officer means the
Registrar of the Supreme Court;
term means any period between
vacations when the Supreme Court
is in session;
vacation means any of the
following periods
(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
first day of August in each year
and ending on the last day of
September, in that year; and
(c) the period commencing on the
24th day of December in each year
and ending on the 6th day of
January in the ensuing year.
Rule 83Revocation.
The Supreme Court Rules, 1970
(C.I. 13) are revoked.
SCHEDULE
PART I
CIVIL APPEAL FORMS
FORM 1
Rule 6(1)
IN THE SUPREME COURT OF GHANA
NOTICE OF CIVIL APPEAL
Civil Appeal No.
Between
Appellant
and
Respondent
TAKE NOTICE that the Appellant
being dissatisfied with the
decision (that part of the
decision) more particularly stated
here and contained in the judgment
(order or decree) of the Court of
Appeal (High Court of Justices,
etc.) dated the day
of ,and having obtained
(special) leave on the day
of , of the Supreme Court
(Court of Appeal) to appeal does
appeal to the Supreme Court (Court
of Appeal) to appeal does appeal
to the Supreme Court upon the
grounds set out in paragraph 3 and
will at the hearing of the appeal
seek the reliefs set out in
paragraph 4.
2. The part of the decision
complained of is as follows:
.............
3. The Grounds of Appeal are (Give
particulars of misdirection or
error of law):
1.
2.
3.
4. The reliefs sought from the
Supreme Court are
......
...
.....
5. The address for service of the
appellant is
......
....
6. The persons directly affected
by the appeal are:
Name
.....
Address
......
........
Name
......
Address
.......
.......
Dated this day of
.
Appellant or his Counsel
To:
The Registrar
The Court of Appeal
.....................
Division
Accra.
And to the Respondent or his
Counsel
FORM 2
Rule 7 (1)
IN THE COURT OF APPEAL
DIVISION
NOTICE OF MOTION FOR LEAVE TO
APPEAL TO THE SUPREME COURT
Between
Appellant
and
Respondent
TAKE NOTICE that pursuant to the
provisions of paragraph (b) of
clause (1) of article 131 of the
Constitution, the Court of Appeal
will be moved on the day
of at O'clock in
the forenoon or so soon thereafter
as counsel can be heard on the
hearing of an application for
leave to appeal to the Supreme
Court against the decision of the
..............
....(Court)
given on the day
of In the case
entitled:
................................................
.....................................................
............................................................................................................................................
And further take notice that the
grounds of this application are
...............................................
Dated this day of
Applicant or his Counsel
To:
The Registrar,
The Court of Appeal
.................. Division
Accra.
And to the Respondent or his
Counsel
FORM 3
Rule 7(2)
IN THE SUPREME COURT OF GHANA
APPLICATION FOR LEAVE TO APPEAL
Between
Appellant
and
Respondent
TAKE NOTICE that pursuant to the
provisions of clause (2) of
article 131 of the Constitution,
the appellant being dissatisfied
with the refusal of the Court of
Appeal in the exercise of the
jurisdiction conferred on it by
the provisions of paragraph (b) of
clause (1) of article 131 of the
Constitution to grant leave to
appeal to the Supreme Court hereby
applies to the Supreme Court for
leave to appeal in the cause or
matter entitled
.......................................................
.....
..............................................
The grounds for the application as
follows:
......................
..
....................................................
Dated this day of
Appellant or his Counsel
To:
The Registrar
The Supreme Court,
Accra.
And to the Respondent or his
Counsel.
FORM 4
Rule 11(1) (a)
IN THE COURT OF APPEAL
..DIVISION
ACCRA
SUMMONS TO PARTIES BY REGISTRAR TO
SETTLE RECORD
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 the hour
of in the
noon to proceed with settling of
the record of appeal.
Dated this day of
.......
.
Registrar
To:
The Appellant or his Counsel
The Respondent or his Counsel
Any Other Parties or their Counsel
FORM 5
Rule 12(1)
IN THE COURT OF APPEAL
DIVISION
ACCRA
BOND FOR COSTS ON A CIVIL APPEAL
Know all men by these presents,
that we
of
and of
and of
are jointly and severally held
finally bound to
of
in the sum
of
cedis to be paid to
his executors,
administrators or assigns, for
which payment is to be made; we
bind ourselves, and each of us,
individuals, our heirs, executors
and administrators, by these
presents.
Sealed with our seals
Dated the day of
Whereas a suit is now pending
before the Supreme Court in which
the
above-bounden
is appellant and
..
..
is respondent:
And where as a judgment was given
by the court below, on the day of
for
and
has filed a notice of appeal from
that judgment.
And whereas it is by law provided
that the party appealing shall
give security to the satisfaction
of the Registrar of the court
below for the due 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
the
.....
...
have agreed to enter into this
obligation for the specified
purpose:
Now the condition of this
obligation is, that if
shall
duly prosecute the appeal and if
the above-bounden
..and
..
any or either of them shall pay
any costs which may be ordered to
be paid by the appellant this
obligation shall be void or
otherwise remain in force.
Signed, sealed and
} L.S.}
Delivered in the
} L.S.}
presence of }
FORM 6
Rule 14(1)
IN THE COURT OF APPEAL
..DIVISION
ACCRA
Between
Appellant
and
Respondent
TAKE NOTICE that the record in the
above-named appeal has this day
been sent to the Registrar of the
Supreme Court.
Dated this day of
.......................................
Registrar
To:
The Appellant or his Counsel
The Respondent or his Counsel
Any other Parties or their
Counsel.
FORM 7
Rule 14(2)(a)
IN THE COURT OF APPEAL
..DIVISION
ACCRA.
CERTIFICATE OF SERVICE OF NOTICE
OF A CIVIL APPEAL
Between
Appellant
and
Respondent
I, the undersigned Registrar of
the Court, hereby certify that
notice of appeal in the
above-named case was served on the
respondent on day of
Dated at this day
of
......................................
Registrar
The Registrar,
Supreme Court,
Accra.
FORM 8
Rule 14(2)(b)
IN THE COURT OF APPEAL
..DIVISION
ACCRA
CERTIFICATE OF REGISTRAR THAT
CONDITIONS OF APPEAL HAVE BEEN
FULFILLED
Between
Appellant
and
Respondent
I
hereby certify that the
above-named appellant has duly and
punctually complied with the
conditions of appeal imposed on
him in the above-named case.
Dated this day of
..
Registrar
To:
The Registrar,
Supreme Court,
Accra.
FORM 8A
Rule 15(2)
THE SUPREME COURT OF GHANA
CERTIFICATE AS TO NON-COMPLIANCE
WITH FILING OF APPELLANT(S)
STATEMENT OF CASE
Between Appellant and Respondent
......
I
hereby certify that the
appellant(s) in the above
mentioned appeal has/have not
complied with the requirement of
rule 15(1) of C.I. 16
Dated
at
...............................
..the
..day
of
.
REGISTRAR
To: The Court
And to : The Appellant or his
Counsel
The Respondent or
his Counsel. [As inserted by
Supreme Court (Amendment) Rules,
1999 (CI 24), (d)].
FORM 9
Rule 17(1)
IN THE SUPREME COURT OF GHANA
NOTICE BY RESPONDENT OF INTENTION
TO RELY ON PRELIMINARY OBJECTION
Between
Appellant
and
Respondent
TAKE NOTICE that the above named
respondent intends, at the hearing
of this appeal, to rely on the
following preliminary objection of
which notice is hereby given to
you, viz:
...............................................
...
...
...
...
AND TAKE NOTICE that the grounds
of the objection are as follows:
1.
2.
3.
(etc.)
Dated this day of
Respondent or his Counsel
To the above-named Appellant or
his Counsel.
FORM 10
Rule 18(1)
IN THE SUPREME COURT OF GHANA
NOTICE OF WITHDRAWAL OF APPEAL
Civil Appeal No
.
Between
Appellant
and
Respondent
TAKE NOTICE that the above named
appellant hereby withdraws his
appeal against
.the
respondent in the above-mentioned
appeal.
Dated at
this day of
...
.
Appellant or his Counsel
To:
The Registrar,
Supreme Court,
Accra.
And to
FORM 11
Rule 19(1)
IN THE COURT OF APPEAL
..DIVISION
ACCRA.
CERTIFICATE AS TO NON-COMPLIANCE
WITH CONDITIONS IMPOSED UPON AN
APPELLANT
Between
Appellant
and
Respondent
I
hereby certify that the
appellant(s) in the above-named
cause has/have not complied with
the requirements of these Rules
with respect to the payment of a
deposit for the record of appeal
and for security for costs.
Dated at
the day of
Registrar
FORM 12
Rule 28
IN THE SUPREME COURT OF GHANA
CERTIFICATE OF THE ORDER OF THE
SUPREME COURT
Appeal No
..
Appellant
versus
Respondent
Appeal from the of
the dated the day
of
This appeal came on for hearing on
the day of
before in the presence
of for
the appellant,
. and for the
respondent
..
I
HEREBY CERTIFY that an Order was
made as follows:
.
.
Given under my hand and the Seal
of the Supreme Court
this day of
..
Justice of the Supreme
Court
PART II
CRIMINAL APPEAL FORMS
FORM 13
Rule 31(5)
IN THE SUPREME COURT OF GHANA
NOTICE OF A CRIMINAL APPEAL
Appellant
Respondent
To: THE REGISTRAR OF THE COURT
OF APPEAL
I/the Republic being dissatisfied
with the decision (that part of
the decision) more particularly
stated in paragraph 2 contained in
the judgment/order of the Court of
Appeal dated the day of
(and having obtained special
leave/leave on the day
of to appeal) hereby give(s)
you notice of an appeal against
the decision (part of the
decision) to the Supreme Court.
2. The part of the decision
complained of:
3. Grounds of appeal (Give
particulars of misdirection or
error of law)
(a)
......
.
(b)
......
.
(c)
......
.
(d)
.....
.
(e)
.....
.
4. PARTICULARS OF PROCEEDINGS IN
COURT BELOW, ETC.
Fill in these particulars.
(1) Date of decision appealed
against
(2) Court from whose decision
appeal is made
(3) Offence to which the decision
relates (e.g. staling, murder,
forgery, treason, etc.)
(4) Decision of court below(
conviction, acquittal, etc.)
(5) Sentence (if any)
(6) In case of an appeal on a
question of law whether that
question of law was raised at
court below.
(7) State whether you are a
prisoner and if so place of
confinement, and if not, place of
abode or other address.
(8) If in custody state if you
desire to be present on the
hearing of your appeal by the
Court.
..................
..
..
Signature/Mark/Thumbprint of
Appellant or of Counsel
..
..
Signature and address of Witness
attesting mark, etc.
_______________________________________________________________________
NB:
(i)
Strike out words which are not
applicable
(ii) If appealing against the
whole decision state in paragraph
2 above the whole decision.
(iii) The Court will if you desire
it, consider your case and
argument if put in writing by you
or on your behalf instead of your
case and arguments being presented
orally. If you desire to present
your case and argument in writing
set out as fully as you think
right your case and argument in
support of your appeal.
FORM 14
Rule 31(5)
IN THE SUPREME COURT OF GHANA
NOTICE OF APPLICATION FOR LEAVE OR
SPECIAL LEAVE TO APPEAL
Appellant
Respondent
To: THE REGISTRAR OF THE
I/the Republic being dissatisfied
with the decision (that part of
the decision) more particularly
stated in paragraph 2 here and
contained in the judgment/order
of dated the day
of (and having been refused
leave to appeal by the Court of
Appeal) on the day
of
and wanting to appeal
against the decision/part of the
decision
Hereby give(s) you notice that
I/the Republic apply (applies) for
(special) leave to appeal against
the decision/part of the decision.
2. Part of the decision of court
below complained of:
3. Grounds of appeal (Give
particulars of misdirection or
error of law).
4. PARTICULARS OF PROCEEDINGS IN
COURT BELOW
Fill in these particulars.
(1) Date of decision appealed
against.
(2) Court from whose decision the
appeal is made.
(3) Offence to which the decision
relates.
(4) Decision of Court below
(conviction, acquittal, etc.)
(5) Sentence (if any)
(6) State whether you are a
prisoner and if so place of
confinement, and if not place of
abode or other address.
(7) If in custody state if you
desire to be present when the
Court considers your present
application and/or at the final
hearing of your appeal.
..
Signature or mark and thumbprint
of Applicant or his Council
...........
..
..
Signature and address of Witness
attesting mark, etc.
_______________________________________________________________________
NB:
(i)
Strike out words which are not
applicable.
(ii) If appealing against the
whole decision state in paragraph
2 above the whole decision.
(iii) The Court will if you desire
it, consider your case and
argument if put in writing by you
or on your behalf instead of your
case and arguments being presented
orally. If you desire to present
your case and argument in writing
set out as fully as you think
right your case and argument in
support of your appeal.
FORM 15
Rule 31(5)
IN THE SUPREME COURT OF GHANA
NOTICE OF APPLICATION FOR
EXTENSION OF TIME WITHIN WHICH TO
APPEAL
To: THE REGISTRAR OF THE
I/the Republic being dissatisfied
with the decision/part of the
decision more particularly stated
in paragraph 2 contained in the
judgment/order of the Court of
Appeal dated the
day
of hereby give(s)
you notice that I/the Republic
apply (applies) to the Court for
an extension of time within which
I/the Republic may give NOTICE OF
APPEAL (or Notice of Application
for leave to appeal) on the ground
as follows:
(Here set out clearly and
concisely the reasons for delay in
giving the notice and the grounds
on which you submit that the Court
should extend the time)
2. Part of decision of the Court
below complained of
3. Particulars of proceedings in
court below, etc.
Fill in the particulars:
(1) Date of decision complained of
(2) Court whose decision is
complained of
(3) Offence to which decision
relates
(4) Decision of court below
(conviction, acquittal, etc.)
(5) If in custody state place of
confinement, if not in custody
state place of abode or other
address.
(i)
You are required to send to the
Registrar of the Court completed
For 13 or 14 together with this
Notice (see rule 34).
(ii) Strike out words not
applicable.
FORM 16
Rule 38
IN THE SUPREME COURT OF GHANA
NOTIFICATION TO APPELLANT OF A
SINGLE JUSTICE'S DECISION, ETC.
Appellant
Respondent
I
hereby give you notice that a
Justice (Justices) of the Supreme
Court having considered your
application (s) for:
(a) Leave to Appeal;
(b) For extension of time within
which notice of appeal or of
application for leave of appeal
may be given;
(c) Admission to bail;
(d) Leave to withdraw/abandonment
of appeal;
has (have) refused the
application(s) (or has (have)
granted your application (s) (as
the case may be).
Dated this day of
..
Registrar
To the above-named.
FORM 17
Rule 39(1)
IN THE SUPREME COURT OF GHANA
NOTICE OF ABANDONMENT OF APPEAL
Appellant
Respondent
To: THE REGISTRAR OF THE SUPREME
COURT
I/the Republic having previously
served notice of
appeal/application for extension
of time within which to give
notice of appeal/notice of
application for leave to appeal to
the Court against my
conviction/the sentence
of passed upon me
on the salts conviction by the
decision/part of the decision of
the
Court on the day
of hereby give(s)
you NOTICE that I/the
Republic do(es) not intend further
to prosecute the appeal, bait that
I/the Republic abandon(s) all
further proceedings with respect
to this matter as from the date of
this notice.
Dated this day of
.........................................................
Signature or mark and
thumbprint
..
..
..
Signature and address of Witness
attesting mark,
______________________________________________________________________
Strike out words not applicable.
FORM 18
Rule 39(3)
IN THE SUPREME COURT OF GHANA
NOTIFICATION OF ABANDONMENT OF
APPEAL
Appellant
Respondent
To:(1)
This is to give notice that I have
this day received from
the
above-named
a notice of abandonment of all
proceedings in regard to his
appeal to the Court. The notice is
dated day of
By rule 39 (1) of the Supreme
Court Rules, 1996 upon notice of
abandonment being given the appeal
is/be considered to have been
struck out by the Court.
Dated this day of
..
Registrar
_______________________________________________________________________
(1) Send copies to
(a) The Attorney-General or other
Respondent.
(b) The Head of the Ministry
responsible for
.
(c) The Prison authority, and
(d) The Registrar of the court
below.
FORM 19
Rule 40
IN THE SUPREME COURT OF GHANA
NOTICE OF APPLICATION FOR LEAVE TO
WITHDRAW AN ABANDONMENT OF APPEAL
Appellant
Respondent
To: THE REGISTRAR, SUPREME COURT
I/the Republic having duly sent a
notice that I/the Republic
desire(s) to appeal to the Supreme
Court and having abandoned the
appeal; give you notice, that
I/the Republic hereby apply
(applies) to the Supreme Court for
leave to withdraw the Notice of
Abandonment on the following
grounds
(Here set out as clearly and
concisely as possible the grounds
for giving the notice, and grounds
on which you submit the Court
should allow you to withdraw the
abandonment).
2. PARTICULARS OF PROCEEDINGS IN
COURT BELOW, ETC.
Fill in the particulars:
(1) State court to whose decision
the appeal relates
(2) State decision or part
complained (e.g. conviction,
acquittal, sentence).
(3) State offence to which
decision relates (e.g. stealing,
treason).
(3) If you are in custody state
place of confinement and if not in
custody state place of abode or
other address.
Dated this day of
.............
..
Signature or mark and thumbprint
of Applicant or his Counsel
..
..
Signature and address of witness
attesting mark, etc.
N.B.Form 15 must be filled up and
sent with the notice to the
Registrar.
FORM 20
Rule 42(3)
IN THE SUPREME COURT OF GHANA
RECOGNIZANCE OF BAIL OF APPELLANT
Appellant
Respondent
BE IT REMEMBERED THAT
WHEREAS was
convicted of on the
day of
(and was thereupon and
now is in lawful custody
at and has duly
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 on entering
into his own recognizance in the
sum
of
), has personally
come before me the undersigned,
being the , and
acknowledged himself to owe to the
Republic the sum
of to be made
and levied of his goods and
chattels, lands and tenements to
use of the Republic
if fails in the
condition endorsed.
Taken and acknowledged this day of
at before me.
.
CONDITION
The condition of this recognizance
is that if
personally appears and
surrenders himself at and before
the Court at each hearing of his
appeal and at the final
determination abides with the
judgment the Court and does not
depart or is not absent from the
Court at a hearing without the
leave of the Court, and in the
meantime does not depart from his
usual place of abode without the
leave of the Court, then this
recognizance shall be void,
otherwise it shall be of full
force a effect.
(The following to be filled up by
the appellant and signed by him:)
When released on bail any
residence, to which any Notices,
etc. are
to be addressed, will be as
follows:
...
..
Appellant Signature/Mark
/Thumbprint of Applicant
................
..
..
Signature and address of Witness
attesting mark, etc.
FORM 21
Rule 42(3)
IN THE SUPREME COURT OF GHANA
RECOGNIZANCE OF APPELLANTS
SURETIES
Appellant
Respondent
BE IT REMEMBERED THAT on
this day of
of
and
of
came before me the undersigned
being the and
severally acknowledged themselves
to owe to the Republic the sum
of
and the sum
of to be
made and levied of their goods and
chattels, lands and tenements
respectively, to the use of the
Republic,
if
now in lawful custody
at , fail to
comply with the conditions here
endorsed.
Taken and acknowledged before me
the undersigned, on the date
stated above.
.
CONDITION
The condition of the written
recognizance is that
whereas
has been convicted
of
and is now in lawful custody as
mentioned (under a sentence
of for such
offence), has duly appealed to the
Court against his conviction (and
sentence), and having applied to
the Court for bail, pending the
determination of his appeal, has
been granted bail on his entering
into recognizance in the sum
of
with sureties each in the
sum of ’
if personally
appears and surrenders himself at
and before the Court and at the
final determination abides by the
judgment of the Court, and does
not depart or is not absent from
the Court and in the meantime does
not depart from his usual place of
abode without the leave of the
Court, then this recognizance
shall be void, otherwise it shall
be of full force and effect.
FORM 22
Rule 42 (5)(b)
IN THE SUPREME COURT OF GHANA
WARRANT FOR ARREST OF APPELLANT ON
BAIL
Appellant
Respondent
To: THE POLICE OFFICERS OF THE
POLICE SERVICE
(or as the case may be)
(a) State office and to the
(a) of Prison
at
WHEREAS
an
appellant in the
Court has been released on bail,
and it has now been ordered by the
Court that a warrant be issued for
the apprehension of
(b) State
office This is
to command you Police Officers (or
as the case may be) to apprehend
immediately and
to bring him to the
(b) of the prison
and there deliver him with this
warrant into the custody
of and
you are
hereby required to
receive
into your custody in the prison
and there safely to keep him until
a further order of the Court.
Dated this day of
..
Presiding Justice
FORM 23
Rule 43 (1)
IN THE SUPREME COURT OF GHANA
NOTIFICATION TO APPELLANT OF
RESULT OF APPLICATION
Appellant
Respondent
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 appeal to the Court;
(b) leave to extend the time
within which you may give notice
of appeal or of application for
leave to appeal;
(c) bail;
(d) leave to withdraw/abandonment
of appeal;
and has finally determined the
matter and has this day given
judgment to the following effect
Dated this day
of
.............................
Registrar
FORM 24
Rule 43 (1)
IN THE SUPREME COURT OF GHANA
NOTIFICATION TO AUTHORITIES OF
RESULT OF APPLICATION
Appellant
Respondent
To
..(1)
This is to give you notice that
the above-mentioned having applied
for
(a) leave to appeal to the Court:
(b) leave to extend the time
within which he may give notice of
appeal or of an application for
leave to appeal;
(c) bail;
(d) leave to withdraw/abandonment
of appeal;
the Court has this day finally
determined his application (s) and
has given judgment to the
following effect
Here set the Dated
this day of
decision of
court
Registrar
_______________________________________________________________________
(1) Send copies addressed to
(a) The Attorney-General or other
respondent
(b) The Chief Director, Ministry
of
.
(c) The Prison Authority, and
(d) The Registrar of the court
below.
FORM 25
Rule 43 (1)
IN THE SUPREME COURT OF GHANA
NOTIFICATION TO APPELLANT OF THE
RESULT OF HIS APPEAL
Appellant
Respondent
To: THE ABOVE-NAMED APPELLANT
This is to give you Notice that
the Court having considered the
matter of your appeal has finally
determined it and has this day
given judgment to the following
effect
Dated this day
of
..
Registrar
FORM 26
Rule 43 (1)
IN THE SUPREME COURT OF GHANA
NOTICE TO AUTHORITIES OF RESULT OF
APPEAL
Appellant
Respondent
This is to give you notice that
the above-named having appealed
against his conviction of the
offence of before the Court,
and or the sentence
passed upon him for the offence
of by
the Court,
the Court has finally determined
the appeal, and has this day given
judgment to the following effect
Dated this day of
.
Registrar
______________________________________________________________________
(1) Send copies addressed to:
(a) The Attorney-General or other
respondent
(b) The Chief Director, Ministry
of
.
(c) The Prison Authority, and
(d) The Registrar of the court
below.
PART III
FORMS FOR ORIGINAL JURISDICTION
FORM 27
Rule 45(1)
IN THE SUPREME COURT OF GHANA
WRIT TO INVOKE ORIGNAL
JURISDICTION
Between
Plaintiff
and
Defendant
To:
..............................................
..............................................
...............................................
IN THE NAME OF THE REPUBLIC OF
GHANA you are hereby commanded
within fourteen days after the
service on you of the statement of
the Plaintiffs case inclusive of
the day of service, that you are
to file or cause to be filed for
you a statement of the defendant's
case in an action at the Suit of.
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
The nature of the relief sought is
as follows:
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
The capacity in which the
plaintiff is bringing the action
is as follows:
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
The address for service of the
Plaintiff is as follows:
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
The address for service of Counsel
for the Plaintiff is as follows:
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
.................................................
...............................................................................
..................................................
.
The names and addresses of persons
affected by this writ are as
follows:
1.
.................................................
...........................................................................
..................................................
.
............................................
...............................................................................
..................................................
.
............................................
...............................................................................
..................................................
.
2.
.................................................
...........................................................................
..................................................
.
............................................
...............................................................................
..................................................
.
............................................
...............................................................................
..................................................
.
3.
.................................................
...........................................................................
..................................................
.
............................................
...............................................................................
..................................................
.
............................................
...............................................................................
..................................................
.
Dated this day of
.
Plaintiff or his Counsel
PART IV
Rule 53(3), 77(5)
MISCELLANEOUS
FORM 28
IN THE SUPREME COURT OF GHANA
NOTICE TO WITNESS TO ATTEND BEFORE
AN EXAMINER
To:
Names of witness.
of
WHEREAS on good cause shown to the
Court you have been ordered to be
examined as a witness upon the
appeal/action of the above-named,
and your deposition to be taken
for the use of the Court.
This is to give you notice to
attend at
(a) (a)
Specify place of examination
on before (b)
at o'clock in the
noon.
(b)
Fill in examiners name.
You are also required to have with
you at that time and place any
books, papers or other things
under your control or in your
possession in any manner relating
to the appeal of which you have
had notice to produce.
Dated the day of
..............................
Registrar
FORM 29
Rule 61 (1)
IN THE SUPREME COURT OF GHANA
MOTION ON NOTICE TO INVOKE THE
SUPERVISORY
JURISDICTION OF THE SUPREME COURT
Republic v. Ex parte (name of
applicant).
TAKE NOTICE that pursuant to the
provisions of article 132 of the
Constitution,
this Court will be moved on the
.............................................................
day
of
......................................
.at
Oclock
in the forenoon or so soon
thereafter as counsel can be heard
on the hearing of an application
for an order of
..(here
state relief sought) directed to.
(here state person to whom the
order is to be
directed)
...................
.in
terms of the accompanying
affidavit.
AND FURTHER TAKE NOTICE THAT the
grounds for the application are as
follows
Dated this
day of
.
JUSTICE ISAAC KOBINA ABBAN
Chief Justice (Chairman)
DR. OBED YAO ASAMOAH
Attorney-General and Minister
for Justice (Member)
JUSTICE CHARLES FREDERICK HAYFRON-BENJAMIN
Justice of the Supreme Court
(Member)
JUSTICE ALEX AWUAKYE FORSTER
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)
MRS. HANNA TETTEH-KPODAR
Ghana Bar Association
(Member)
MISS EIRENE QUAINOO
(Secretary)
[As substituted by Supreme Court
(Amendment) Rules, 1999 (CI 24),
(e)].
Date of Gazette Notification: 27th
September, 1996.
amended by
SUPREME COURT (AMENDMENT) RULES,
1999 (CI 24). |
