The Court of Appeal Rules
The Rules may be cited as the Court of Appeal Rules and shall come into operation at the expiry of ninety days after publication in the Gazette.
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- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 40 of 2022
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- en
Source attribution: Source: Kenya Law
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About this statute
When a document is lodged in the Registry, a sub-registry or the registry of a superior court, the Registrar, deputy registrar or registrar of the superior court must endorse the document showing the date and time when it was lodged. The Registrar may permit documents to be lodged at the Registry or a sub-registry; applications for that permission may be made informally but must be in writing; the Registrar or deputy registrar who receives such a document must send it to the appropriate registry at the applicant's expense, with a specified exception. Registrars (including registrars of superior courts) must not refuse documents lodged out of time; they must mark such documents "lodged out of time" and inform the person who lodged them. If a superior court registrar accepts a document out of time, that registrar must inform the Registrar. Requirements for documents used in Court covering paper size, single-sided use, left margin, legibility, binding, volume limits, numbering, compliance with Practice Directions, and electronic filing. Registrars may reject documents that don't meet rule 13; they must refuse documents tendered without required fees or security; if a mistakenly accepted document lacked fee/security the lodger must remedy the defect as soon as practicable; a dissatisfied person may seek referral to a judge within seven days or immediately.
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Provisions of The Court of Appeal Rules
Showing 123 of 123
Part I
PRELIMINARY
- 1
PRELIMINARY - 1. Citation and coming into operation of the Rules
AI-assisted research summary: The Rules may be cited as the Court of Appeal Rules and shall come into operation at the expiry of ninety days after publication in the Gazette.
Section 1. Citation and coming into operation of the Rules Section 1(1) These Rules may be cited as the Court of Appeal Rules and shall come into operation at the expiry of ninety days after publication in the Gazette . Section 1(2) These Rules shall not limit or otherwise affect the inherent power of the Court to make any orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. - 10
PRELIMINARY - 10. Endorsement of documents
AI-assisted research summary: When a document is lodged in the Registry, a sub-registry or the registry of a superior court, the Registrar, deputy registrar or registrar of the superior court must endorse the document showing the date and time when it was lodged.
Section 10. Endorsement of documents Section Whenever a document is lodged in the Registry, a sub- registry or the registry of a superior court under or in accordance with these Rules, the Registrar, deputy registrar or registrar of the superior court, as the case may be, shall cause the document to be endorsed showing the date and time when it was lodged. - 11
PRELIMINARY - 11. Registrar's discretion to allow documents to be lodged otherwise than at appointed place
AI-assisted research summary: The Registrar may permit documents to be lodged at the Registry or a sub-registry; applications for that permission may be made informally but must be in writing; the Registrar or deputy registrar who receives such a document must send it to the appropriate registry at the applicant's expense, with a specified exception.
Section 11. Registrar's discretion to allow documents to be lodged otherwise than at appointed place Section 11(1) Notwithstanding any provision in these Rules appointing a particular registry as the place where a document is to be lodged, the Registrar shall have power in any particular case to permit the lodging of any document in the Registry or in any sub-registry and an application for such permission may be made informally but shall be in writing. Section 11(2) The Registrar or deputy registrar receiving a document lodged under subrule (1) shall send the document to the appropriate registry, at the expense of the applicant, except where the document is lodged with the Registrar and is one which, if lodged in the appropriate registry, would have been required by these Rules to be sent to the Registrar. - 12
PRELIMINARY - 12. Acceptance of documents lodged out of time
AI-assisted research summary: Registrars (including registrars of superior courts) must not refuse documents lodged out of time; they must mark such documents "lodged out of time" and inform the person who lodged them. If a superior court registrar accepts a document out of time, that registrar must inform the Registrar.
Section 12. Acceptance of documents lodged out of time Section 12(1) The Registrar or the registrar of a superior court, as the case may be, shall not refuse to accept any document on the ground that it is lodged out of time but shall mark the document "lodged out of time" and inform the person lodging it thereof. Section 12(2) When a document is accepted out of time by the registrar of a superior court, he shall inform the Registrar thereof. - 13
PRELIMINARY - 13. Requirements as to size and production of documents, binding of records and numbering of pages and lines
AI-assisted research summary: Requirements for documents used in Court covering paper size, single-sided use, left margin, legibility, binding, volume limits, numbering, compliance with Practice Directions, and electronic filing.
Section 13. Requirements as to size and production of documents, binding of records and numbering of pages and lines Section 13(1)(a) be on A4 paper of durable quality; Section 13(1)(b) be used only on one side; and Section 13(1)(c) have a margin of not less than one and a half inches on the left side of the sheet. Section 13(2) Each document prepared for use in the Court shall be clear and easily legible and may be produced by printing, photography, other appropriate technology or any combination of media but shall not be handwritten except for appellants acting in person in criminal appeals. Section 13(3)(a) shall be bound in book form with a cover of stout paper fastened with thread; Section 13(3)(b) may be in more than one volume, and each volume shall not exceed five hundred pages; and Section 13(3)(c) the title of the appeal shall appear on the cover. Section 13(4) The pages of each application and, the record of appeal in a criminal appeal, and the memorandum of appeal and the record of appeal in a civil appeal, shall be numbered consecutively. Section 13(5) Each party shall comply with the Practice Directions of the Court on the filing of documents. Section 13(6) Each party may file documents in electronic form in accordance with the Practice Directions of the Court. - 14
PRELIMINARY - 14. Power of Registrar and registrars of superior courts to reject documents
AI-assisted research summary: Registrars may reject documents that don't meet rule 13; they must refuse documents tendered without required fees or security; if a mistakenly accepted document lacked fee/security the lodger must remedy the defect as soon as practicable; a dissatisfied person may seek referral to a judge within seven days or immediately.
Section 14. Power of Registrar and registrars of superior courts to reject documents Section 14(1) The Registrar or the registrar of a superior court, as the case may be, may refuse to accept any document which does not comply with the requirements of rule 13. Section 14(2) Subject to rules 113 and 116, the Registrar or the registrar of a superior court, as the case may be, shall refuse to accept any document tendered without the required fee, if any, or, in the case of the memorandum of appeal in a civil appeal, the lodging of security for costs. Section 14(3) If, as the result of an error, a document is accepted which ought to have been rejected under subrule (2) on account of the failure to pay the fee or security, the document shall be deemed to have been duly lodged but the person who lodged it shall, as soon as practicable after the error is discovered, pay the fee or the balance thereof or lodge the required security. Section 14(4) A person who is dissatisfied with the decision of the Registrar or of the registrar of a superior court to reject a document under this rule may require the decision to be referred to a judge for his or her decision and an application under this subrule may be made informally at the time when the decision is given or in writing within seven days thereafter. - 15
PRELIMINARY - 15. Signature of documents
AI-assisted research summary: A document may be signed on behalf of the person making it by a person entitled under rule 22; in criminal appeals, a document for an appellant alleged to be of unsound mind may be signed by that person entitled under rule 22 or by any person in whose care the appellant is for the time being (including a medical officer, police officer or prisons officer).
Section 15. Signature of documents Section 15(1) A document may be signed on behalf of the person making it by a person entitled under rule 22 to appear on his or her behalf. Section 15(2) In or in relation to a criminal appeal, a document may be signed on behalf of an appellant who is alleged to be of unsound mind by a person entitled under rule 22 to appear on his or her behalf or by any person in whose care he or she may be for the time being, including a medical officer, police officer or prisons officer. - 16
PRELIMINARY - 16. Form of amendments
AI-assisted research summary: If a person has leave to amend a document, the person may amend the document itself or lodge an amended version of it.
Section 16. Form of amendments Section 16(1) Where a person obtains leave to amend a document, the document itself may be amended or, if it is more convenient, an amended version of the document may be lodged. Section 16(2)(a) any words or figures deleted from the original, by including the deleted words or figures and striking them through with red ink, so that what was written remains legible; and Section 16(2)(b) any words or figures added to the original, by writing them in red ink or underlining them in red ink. Section 16(3) Where any record of appeal includes any amended document, the amendments shall be shown in the manner prescribed under subrule (2) in each copy of the record of appeal. - 17
PRELIMINARY - 17. Service and transmission of documents
AI-assisted research summary: Specifies permitted modes for serving and sending documents (court-directed modes, personal service, service on an advocate, service at advocate's office, proof of service by affidavit or prison officer's letter, sending by hand/courier/registered post, and notice by telephone or approved electronic means).
Section 17. Service and transmission of documents Section 17(1) Where a document is required to be served on any person under these Rules, service may be effected in such way as the Court may direct and, in the absence of any such direction, shall be made personally on the person to be served or any person entitled under rule 22 to appear on his or her behalf or by any other recognized mode of service as provided under Order 5 of the Civil Procedure Rules (sub. leg). Section 17(2) Where a document is required to be served on the appellant or on the respondent, and two or more appellants or respondents, as the case may be, are represented by one advocate, it shall be sufficient if one copy of that document is served on that advocate. Section 17(3) For the purpose of this rule, service on a partner or a clerk of an advocate at the office of the advocate shall be deemed to be service on the advocate. Section 17(4) Proof of service may be given where necessary by affidavit, unless in any case the Court shall require proof by oral evidence: Provided that in the case of a person in prison, a letter purporting to be signed by the officer in charge of the prison certifying that the document was delivered to the prisoner on a specified date may be accepted as sufficient proof of service. Section 17(5) Where a document is required to be sent to any person, the document may be sent by hand, a licensed courier service provider approved by the court or by registered post to that person or to any person entitled under rule 22 to appear on his or her behalf. Section 17(6) The notice of the date fixed for the hearing of an application or appeal or for the delivery of judgment or the reasons for any decision may be given by telephone or other electronic means approved by the court. Section 17(7) Where a document is required to be served by the Court or a party under these Rules, service may be effected by email using the address provided by the party to be served, or by such other verifiable electronic means as the Court may approve. - 18
PRELIMINARY - 18. Change of address for service
AI-assisted research summary: A person who has given an address for service may change that address by lodging notice in the appropriate registry and serving copies on all previously served persons; the address of service includes electronic contact details.
Section 18. Change of address for service Section 18(1) A person who has given an address for service may, at any time, change the address by lodging a notice of such change in the appropriate registry and serving copies of the notice on all persons who have been served with the previous address. Section 18(2) The address of service shall include electronic address such as email, telephone number and any other details as the Court may require. - 19
PRELIMINARY - 19. Sittings of the Court
AI-assisted research summary: The President must determine the sittings of the Court and the matters to be disposed of, and the sittings must be advertised and notified in the manner he directs.
Section 19. Sittings of the Court Section 19(1) The sittings of the Court and the matters to be disposed of at such sittings shall be determined by the President and shall be advertised and notified in such manner as he may direct. Section 19(2) Nothing in this rule shall prevent the Court from disposing of any business that has not been advertised or notified as required under subrule (1). - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Defines "Section in relation to a criminal appeal" to mean "a notice lodged in accordance with rule 61."
Section 2. Interpretation Section in relation to a criminal appeal, means a notice lodged in accordance with rule 61; and - 20
PRELIMINARY - 20. Court recess
AI-assisted research summary: The President must determine the Court's recess and arrangements; the Chief Justice may direct how the recess is notified; the President may allow business during recess in consultation with the Chief Justice, and certain matters (judgments, urgent hearings, taxation of bills) may proceed.
Section 20. Court recess Section 20(1) The recess of the Court and the arrangements for business during recess shall be determined by the President in accordance with the Court of Appeal (Organisation and Administration) Act (Cap. 9A) and shall be notified in such manner as the Chief Justice may direct. Section 20(2) No business shall be conducted during recess, unless the President, in consultation with the Chief Justice, otherwise directs, except the delivery of judgments and, when the matter is shown to be of urgency, the hearing of applications and the taxation of bills. - 21
PRELIMINARY - 21. Places where appeals are to be heard
AI-assisted research summary: Appeals to the Court must be heard at places designated by the President (consulting the Chief Justice); applications to have appeals heard elsewhere may be made informally but must be in writing.
Section 21. Places where appeals are to be heard Section 21(1) An appeal or formal application to the Court shall be heard in such place as the President, in consultation with the Chief Justice, may designate. Section 21(2) An application for an appeal to be heard otherwise than in accordance with subrule (1) may be made informally but shall be in writing. - 22
PRELIMINARY - 22. Appearances
AI-assisted research summary: Parties may appear in court proceedings in person or by advocate; corporations may appear by advocate or by certain officers appointed by sealed resolution (a sealed copy must be lodged with the Registrar); persons under disability may appear by representative; the Court may appoint or remove guardians ad litem.
Section 22. Appearances Section 22(1) Subject to rule 73, a party to any proceedings in the Court may appear in person or by advocate. Section 22(2) A corporation that is a party to any proceedings in the Court may appear by advocate or by a director, manager or secretary thereof appointed by resolution under the seal of the company, a sealed copy of which resolution shall be lodged with the Registrar. Section 22(3) A person under disability that is a party to any proceedings in the Court may appear by advocate or by his or her committee, next friend or guardian ad litem as the case may be, and where any person has acted as next friend or guardian ad litem in the court below for a person under disability and the person under disability becomes respondent in an appeal to the Court, the next friend or guardian ad litem may, if he or she desires to act as such in the appeal, lodge a consent to act as such and shall thereupon be deemed to have been duly appointed, and in any other case, the Court may appoint a guardian ad litem for the purposes of an appeal and the Court may at any time remove and replace any guardian ad litem , however appointed. - 23
PRELIMINARY - 23. Change of advocates
AI-assisted research summary: When a party in an application or appeal changes representation, they must as soon as practicable lodge a notice of the change with the Registrar and serve a copy on the other party; an advocate who wishes to stop acting may apply to a single Judge, and is deemed to have ceased once a certified copy of the judge's order is served.
Section 23. Change of advocates Section 23(1) Where a party to an application or appeal changes his or her advocate or, having been represented by an advocate, decides to act in person or, having acted in person, engages an advocate, that party shall, as soon as practicable, lodge with the Registrar a notice of the change and shall serve a copy of such notice on the other party or on every other party appearing in person or separately represented, as the case may be. Section 23(2) An advocate who desires to cease acting for a party in a civil appeal or application, may apply by notice of motion before a single Judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certified copy of the order of the judge. - 24
PRELIMINARY - 24. Assignment of advocates
AI-assisted research summary: Rules for assignment of advocates: the Chief Justice, the President, or the court may assign advocates in specified criminal or civil matters; assigned advocates must follow professional conduct rules; appellants/respondents assigned an advocate in certain civil appeals may be required to undertake to refund fees; the Registrar has power to enforce such undertakings.
Section 24. Assignment of advocates Section 24(1) In a criminal application or appeal, the Chief Justice may, at any time, assign an advocate to represent an applicant or appellant if it appears desirable in the interests of justice. Section 24(2) An advocate assigned to represent an applicant or appellant under subrule (1) shall comply with the rules of professional conduct of advocates, and the requirements of the Court in pro bono matters. Section 24(3) In a civil appeal involving a point of law of public importance, if the President is satisfied that any appellant or respondent lacks the means to employ an advocate, the President may, with the consent of such appellant or respondent, as the case may be, assign an advocate to represent the appellant or respondent, and may require any such appellant or respondent, as a condition of having an advocate assigned to him or her, to undertake to refund the fees and expenses of such advocate out of any money or property he or she may recover in or in consequence of the appeal. Section 24(4) The court may assign a pro bono advocate in a pauper brief in a civil appeal or application. Section 24(5) The fees and expenses of an advocate assigned under the subrule (1) or subrule (3) shall be defrayed out of the funds of the Court. Section 24(6) The Registrar shall have power to take such action as may be necessary to enforce any undertaking given in accordance with subrule (3) and any moneys so recovered shall be paid into the Consolidated Fund. - 25
PRELIMINARY - 25. Case management and pre-trial conference
AI-assisted research summary: The Registrar must give pre-trial directions in accordance with the Rules and Practice Directions and confirm compliance before the appeal is listed for hearing.
Section 25. Case management and pre-trial conference Section 25(1) A civil appeal shall first be listed for case management conference as soon as practicable before the Registrar for pre-trial directions. Section 25(2) The Registrar shall give pre-trial directions in accordance with the Rules and Practice Directions of the Court and confirm compliance thereof before the appeal is listed for hearing. Section 25(3) Notwithstanding non-compliance with pre-trial directions, a civil appeal may be confirmed and listed for hearing. - 26
PRELIMINARY - 26. Right of audience
AI-assisted research summary: Specifies who has the right of audience before the Court: the Attorney-General, Solicitor-General and Director of Public Prosecutions (when appearing in person) have precedence; the Court may give priority to Senior Counsel; advocates entitled to practise before the High Court have right of audience except those struck off or suspended; and other persons licensed by the Chief Justice and who pay the prescribed fee may appear for specified appeals.
Section 26. Right of audience Section 26(1) The Attorney-General, Solicitor-General and Director of Public Prosecutions when appearing in person shall have the right of audience before the Court and shall take precedence over all other advocates. Section 26(2) The Court may give priority to Senior Counsel who appear before it. Section 26(3) Every advocate who is, for the time being, entitled to practice before the High Court shall have the right of audience before the Court: Provided that an advocate who has been struck off the roll of advocates or who is under suspension from practice shall have no right of audience before the Court. Section 26(4) Any other person entitled to appear as counsel or advocate before any court of unlimited jurisdiction, if licensed in that behalf by the Chief Justice and subject to the payment of the prescribed fee, shall have the right of audience before the Court in respect of any one appeal, including any cross-appeal heard therewith, or any two or more appeals consolidated for hearing. - 27
PRELIMINARY - 27. List of authorities and copies of judgments to be referred to
AI-assisted research summary: Section 27 requires lodging a list of authorities and serving copies of judgments as described in the provision.
Section 27. List of authorities and copies of judgments to be referred to Section 27(1)(a) lodge with the Registrar or with the deputy registrar at the place where the application or appeal is to be heard, a list containing the titles of such cases with their citations and the names, authors and editions of any such books; and Section 27(1)(b) serve a copy of such list on the other party or on each other party appearing in person or separately represented, as the case may be: Section 27(2) The list lodged under subrule (1) shall be in four copies, except in the case of an application to be heard by a single judge, when it shall be in two copies, and shall be lodged at least twenty-four hours before the application or appeal is due to be heard. Section 27(3)(a) at or before the hearing, produce a certified or photostat copy of such judgment; Section 27(3)(b) except in the case of an application to be heard by a single judge, two other copies of the judgment, for the use of the Court; and Section 27(3)(c) in every case, one copy of the judgment for the use of the other party, or each other party appearing in person or separately represented, as the case may be. - 28
PRELIMINARY - 28. Order of addresses
AI-assisted research summary: The Court must hear parties in a specified order at the hearing of an application or appeal: first the applicant or appellant, then the respondent, then interested parties (including amicus curiae or intermediaries if any), and finally the applicant or appellant in reply.
Section 28. Order of addresses Section the Court shall, at the hearing of an application or appeal, first hear the applicant or appellant, then the respondent, then an interested party, amicus curiae or intermediary if any, and then the applicant or the appellant in reply; - 29
PRELIMINARY - 29. Expanded Bench
AI-assisted research summary: A party may apply in writing for an appeal or application to be heard by an expanded bench; the President shall constitute that bench and give directions if satisfied, and may do so in specified circumstances after consulting the parties.
Section 29. Expanded Bench Section 29(1) A party may apply informally but in writing to the President, with notice to the other parties, for an appeal or application to be heard and determined by an expanded bench consisting of five or more judges of an uneven number. Section 29(2) Where satisfied with an application under subrule (1), the President shall constitute the expanded bench and give directions on the hearing of that appeal or application: Provided that where there are conflicting decisions of the court, or for any other good reason, the President may, in consultation with the parties, constitute an expanded bench. - 3
PRELIMINARY - 3. Computation of time
AI-assisted research summary: When computing a period of days after an event or act, exclude the day on which the event happens or the act is done.
Section 3. Computation of time Section the period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or that act or thing is done; - 30
PRELIMINARY - 30. Hearing of appeals
AI-assisted research summary: Appeals must be heard in Court or in another manner directed by the Court; hearings should be open to the public subject to space and orderly conduct, but the Court may exclude the public in exceptional circumstances for national security or the interests of justice.
Section 30. Hearing of appeals Section Every appeal shall be heard in Court or in any other manner as may be directed by the Court, to which all members of the public shall have access so far as the space in the Court permits and so long as they conduct themselves in an orderly manner: Provided that in exceptional circumstances, the Court may direct that the public be excluded, if the Court is satisfied that national security or the interest of justice so require. - 31
PRELIMINARY - 31. Power to re- appraise evidence and to take additional evidence
AI-assisted research summary: Section 31 gives the Court power to re-appraise evidence and to take or order additional evidence; it sets how additional evidence is to be taken, certified, and who may be present.
Section 31. Power to re- appraise evidence and to take additional evidence Section 31(1)(a) to re-appraise the evidence and to draw inferences of fact; and Section 31(1)(b) in its discretion and for sufficient reason, to take additional evidence or direct that additional evidence be taken by the trial court. Section 31(2) When additional evidence is taken by the Court, the evidence may be taken orally or by affidavit and the Court may allow the cross- examination of any deponent. Section 31(3) When additional evidence is taken by the trial court, it shall certify such evidence to the Court, with a statement of its opinion on the credibility of the witness or witnesses giving the additional evidence. Section 31(4) When additional evidence is taken by a commissioner, the commissioner shall certify the evidence to the Court, without any such statements of opinion. Section 31(5) Each party to the appeal shall be entitled to be present when the additional evidence is taken. - 32
PRELIMINARY - 32. Power to call for report
AI-assisted research summary: On appeals to the Court from decisions of a superior court exercising original jurisdiction, the Court has the power to call for and receive from that superior court a report on any matter connected with the proceedings before that court.
Section 32. Power to call for report Section On any appeal from a decision of a superior court in the exercise of its original jurisdiction, the Court shall have power to call for and receive from that superior court a report on any matter connected with the proceedings before that court. - 33
PRELIMINARY - 33. General powers of the Court
AI-assisted research summary: The Court has the power to confirm, reverse, or vary the decision of the superior court.
Section 33. General powers of the Court Section to confirm, reverse or vary the decision of the superior court; - 34
PRELIMINARY - 34. Rulings and judgments
AI-assisted research summary: The Court may give judgments at the close or reserve them for delivery within 120 days; if deferred it must notify parties of the next date and must not defer more than 180 days.
Section 34. Rulings and judgments Section 34(1) The Court may give judgments and rulings at the close of the hearing of an appeal or application or reserved for delivery within one hundred and twenty days, unless the Court for reasons to be recorded orders otherwise. Section 34(2) Where the Court defers a judgment or ruling, the Court shall notify the parties of the next date for delivery: Provided that the Court shall not defer a judgment or ruling for more than one hundred and eighty days. Section 34(3) In a criminal application (other than an application heard by a single judge) and a criminal appeal, one ruling shall be given as the ruling of the court, and may be given if one judge has died, ceased to hold office, or is unable to perform the functions of his or her office because of infirmity of mind or body, or refuses to sign the ruling, but the presiding judge may direct that each judge shall give a separate ruling. Section 34(4) In a civil application (other than an application heard by a single judge) and a civil appeal, each member of the Court shall give a separate ruling unless, the decision being unanimous, the presiding judge otherwise directs, but where one judge delays, dies, ceases to hold office or is unable to perform the functions of his or her office because of infirmity of mind or body, the remaining members of the court may give separate concurring rulings. Section 34(5)(a) where the application was heard in chambers, be delivered in chambers or in any other manner approved by the Court and communicated to the parties; and Section 34(5)(b) where the application was heard in court, be delivered in court or in any other manner approved by the Court, and communicated to the parties. Section 34(6) The presiding judge may, in any particular case, direct that the decision of the Court only shall be so delivered and not the reasons therefor, and in such a case the judgment or judgments shall be deposited in the Registry or sub-registry in the place where the application or appeal was heard and copies thereof shall be available to the parties when the decision is delivered. Section 34(7) Notwithstanding subrule (1), the Court may, at the close of the hearing of an application or appeal, give its decision but reserve its reasons and in such a case the reasons may be delivered in court or deposited in the Registry or sub-registry in the place where the application or appeal was heard within ninety days and where the reasons are so deposited, copies thereof shall be available to the parties and they shall be so informed. Section 34(8) Where one judgment is given at the close of the hearing as the judgment of the Court, it shall be delivered by the presiding judge or by such other member of the Court as the presiding judge may direct. Section 34(9) Where judgment, or the reasons for a decision, has been reserved, the judgment of the Court, or a judgment of any judge, or such reasons, as the case may be, being in writing and signed, may be delivered by any judge, whether or not he or she sat at the hearing. Section 34(10) The judgment of the Court shall be dated as of the day when it is delivered or, where a direction has been given under subrule (6), as for the day when the decision was delivered. Section 34(11) Where the date of the judgment or ruling was given in Court, or the parties are duly notified of that date but fail to appear, the Court may deliver the judgement or ruling on the scheduled date in absence of the parties. Section 34(12) The Registrar shall notify the parties in whose absence the Judgement or Ruling was delivered under subrule (11), that the Judgement or Ruling is ready for collection in the Registry. Section 34(13) For the purposes of this rule, "presiding judge" includes the next senior judge, where the original presiding judge has died, ceased to hold office, or is unable to perform the functions of his or her office by reason of infirmity of mind or body. - 35
PRELIMINARY - 35. Decisions to be embodied in orders
AI-assisted research summary: Court decisions on applications or appeals must be embodied in an order; each such order must be dated as of the date the decision was delivered and show the date on which the order was extracted; orders for applications and appeals are to be substantially in Form I and Form J respectively.
Section 35. Decisions to be embodied in orders Section 35(1) Each decision of the Court on an application or appeal, other than a decision on an application made informally in the course of a hearing, shall be embodied in an order. Section 35(2) Each order under subrule (1) shall be dated as of the date on which the decision was delivered and show the date on which the order was extracted. Section 35(3)(a) on an application shall be substantially in Form I as set out in the First Schedule; and Section 35(3)(b) on an appeal shall be substantially in Form J as set out in the First Schedule. - 36
PRELIMINARY - 36. Preparation of orders
AI-assisted research summary: When the Court gives a decision in a criminal application or appeal, the Registrar must draw up the order; parties may draft and submit orders within 14 days and the recipient must approve within seven days; the Registrar may determine the form of the order where parties disagree and may shorten deadlines for urgent matters certified under rule 49; a single judge may settle disagreements and that decision is final.
Section 36. Preparation of orders Section 36(1) Where a decision of the Court is given in a criminal application or appeal, the order shall be drawn up by the Registrar who, in drawing up the order, shall not be required to consult the parties or the parties’ advocates. Section 36(2)(a) any party may, within fourteen days from date of judgment or ruling, prepare a draft of the order and submit it for the approval of the other parties; Section 36(2)(b) the party to whom the draft has been submitted shall approve the same within seven days from the date of receipt of the draft order under paragraph (a); Section 36(2)(c) if all parties approve the draft, the order shall, unless the presiding judge otherwise directs, be in accordance with it; Section 36(2)(d) if the parties do not agree on the form of the order, or if there is non-compliance with paragraphs (a) and (b), the form of the order shall be determined by the Registrar in accordance with the decision of the Court: Provided that if the parties are dissatisfied with the decision of the Registrar, the issue shall be settled by a single judge after giving all the parties an opportunity of being heard and the decision of judge shall be final; and Section 36(2)(e) where an application was certified as urgent under rule 49, any party may, with notice to all the parties, request the Registrar to issue the order arising from a Ruling on the application, on priority basis and the Registrar may, where satisfied, prescribe a shorter period for compliance with the provisions of paragraphs (a) and (b). Section 36(3) The order extracted under rule 36 shall be issued from the Registry or sub-registry in the place where the application or appeal was heard. - 37
PRELIMINARY - 37. Correction of orders
AI-assisted research summary: The Court may correct clerical or arithmetical mistakes in its judgments (on its own motion or on application by any interested person) at any time, before or after the judgment has been embodied in an order.
Section 37. Correction of orders Section 37(1) A clerical or arithmetical mistake in any judgment of the Court or any error arising therein from an accidental slip or omission may, at any time, whether before or after the judgment has been embodied in an order, be corrected by the Court, either of its own motion or on the application of any interested person so as to give effect to the intention of the Court when judgment was given. Section 37(2)(a) if it does not correspond with the judgment it purports to embody; or Section 37(2)(b) where the judgment has been corrected under subrule (1), if it does not correspond with the judgment as so corrected. - 38
PRELIMINARY - 38. Notification of decisions
AI-assisted research summary: Certain court decision notifications must be sent to specified recipients and the Registrar must, where practicable, inform absent parties of outcomes.
Section 38. Notification of decisions Section 38(1)(a) send to the registrar of the superior court a sealed copy of the order embodying the decision of the Court in any civil or criminal appeal from that court; and Section 38(1)(b) send a copy of the decision to the National Council for Law Reporting. Section 38(2) The Registrar shall, so far as is practicable, inform any party to any proceeding in the Court who was not present or represented at the hearing, of the result of such proceeding. Section 38(3) Each deputy registrar of a sub-registry shall send to the Registrar a copy of each order issued out of that sub-registry. - 39
PRELIMINARY - 39. Signature and sealing of documents
AI-assisted research summary: Summons, warrants, orders, notices and other formal documents issued by the Court must be signed by a judge or the Registrar.
Section 39. Signature and sealing of documents Section Each summons, warrant, order, notice or other formal document issued by the Court shall be signed by a judge or by the Registrar and shall be sealed with the seal of the Court. - 4
PRELIMINARY - 4. Extension of time
AI-assisted research summary: The Court may, by order and on such terms as may be just, extend time limits in the Rules or decisions for doing any act authorized or required by the Rules.
Section 4. Extension of time Section The Court may, on such terms as may be just, by order, extend the time limited by these Rules, or by any decision of the Court or of a superior court, for the doing of any act authorized or required by these Rules, whether before or after the doing of the act, and a reference in these Rules to any such time shall be construed as a reference to that time as extended. - 5
PRELIMINARY - 5. Suspension of sentence, injunction, stay of execution and stay of proceedings
AI-assisted research summary: Death sentences cannot be carried out until the appeal period expires or an appeal is determined; where an appeal has been filed the Court may, in criminal cases, order bail or suspend execution of warrants, and, in civil cases, order a stay of execution, an injunction, or a stay of further proceedings on terms it considers just.
Section 5. Suspension of sentence, injunction, stay of execution and stay of proceedings Section 5(1) No sentence of death shall be carried out until the period for giving notice of appeal has expired or, where notice of appeal has been given, until the appeal has been determined. Section 5(2)(a) in any criminal proceedings where a notice of appeal has been given in accordance with rule 61, order that the appellant be released on bail or that the execution of any warrant of distress be suspended pending the determination of the appeal; or Section 5(2)(b) in any civil proceedings where a notice of appeal has been lodged in accordance with rule 77, order a stay of execution, an injunction or a stay of any further proceedings on such terms as the Court may think just. - 6
PRELIMINARY - 6. Registry and sub-registries
AI-assisted research summary: The Registry of the Court must be located in Nairobi and may also be located elsewhere in Kenya as determined by the President in consultation with the Chief Justice; sub-registries shall exist for stations of the Court outside Nairobi and other places the President may determine.
Section 6. Registry and sub-registries Section 6(1) The Registry of the Court shall be in Nairobi and any other place in Kenya as the President, in consultation with the Chief Justice, may determine. Section 6(2) There shall be such sub-registries for each station of the Court outside Nairobi, and at any other place as the President, in consultation with the Chief Justice, may determine. - 7
PRELIMINARY - 7. Hours for lodging documents
AI-assisted research summary: The President may, in consultation with the Chief Justice, direct the hours when registries are open to receive documents under these Rules.
Section 7. Hours for lodging documents Section The President, in consultation with the Chief Justice, may direct the hours during which the Registry or any sub-registry or any registry of a superior court shall be open for the receipt of documents lodged under these Rules. - 8
PRELIMINARY - 8. Maintenance of registers
AI-assisted research summary: Registers for criminal and civil applications and appeals must be maintained and must contain specified particulars of each application, notice or memorandum and subsequent proceedings.
Section 8. Maintenance of registers Section 8(1)(a) a register of criminal applications in which shall be entered particulars of each application lodged in the Registry or sent to the Registrar by any deputy registrar relating to a criminal appeal; Section 8(1)(b) a register of civil applications in which shall be entered particulars of each application lodged in the Registry or sent to the Registrar by any deputy registrar relating to a civil appeal; Section 8(1)(c) a register of criminal appeals in which shall be entered particulars of each notice of appeal lodged in any criminal matter and of the subsequent proceedings; and Section 8(1)(d) a register of civil appeals in which shall be entered particulars of each memorandum of appeal lodged in any civil matter and of the subsequent proceedings. Section 8(2)(a) a register of criminal applications in which shall be entered particulars of each application lodged in the sub-registry relating to a criminal appeal; and Section 8(2)(b) a register of civil applications in which shall be entered particulars of each application lodged in the sub-registry relating to a civil appeal. Section 8(3) Each register maintained under this rule shall show the number of the application or appeal, the number of the proceedings in the superior court, the name of each party, the dates when the essential steps in the proceedings were taken and the result of the application or appeal: Provided that the register kept in a sub-registry need not show the results of applications, other than applications heard locally, but shall show the dates when the material documents were sent to the Registrar. Section 8(4) Each register of criminal or civil appeal shall, in addition to the contents specified in subrule (3), contain against the entry relating to each appeal a reference to each application made in relation to that appeal, whether made before or after the institution of the appeal. - 9
PRELIMINARY - 9. Numbering of applications and appeals
AI-assisted research summary: The Registry and each sub-registry must keep two series of serial numbers each calendar year (one for criminal, one for civil) and prefix the numbers with letters indicating the Registry or sub-registry.
Section 9. Numbering of applications and appeals Section 9(1) Each application to the Court, other than an application made informally during the course of a hearing, shall, whether lodged before or after the institution of an appeal, be given a serial number. Section 9(2) For the purposes of subrule (1), there shall be maintained in the Registry and in each sub-registry two series of numbers for each calendar year, one for criminal and one for civil applications, and the serial numbers shall be prefixed by letters indicative of the Registry or sub-registry. Section 9(3) Each criminal appeal shall be given a serial number in the Registry, which number shall be allotted within fourteen days after receipt of the notice of appeal, and for this purpose a series of numbers shall be maintained for each calendar year. Section 9(4) Each civil appeal shall be given a serial number in the Registry, which number shall be allotted immediately after the memorandum of appeal is received, and for this purpose a series of numbers shall be maintained for each calendar year.
Part II
APPLICATIONS
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APPLICATIONS - 40. Application for certificate of fitness or leave to appeal in criminal matters
AI-assisted research summary: Section 40 sets how to apply for a certificate of fitness or for leave to appeal in criminal matters: (1)(a) where certification is required, the application may be made informally and ex parte; (1)(b) where leave is required, the application shall be made in the manner laid down in rules 44 and 45; and (2) an application under this rule shall be made without unreasonable delay but need not be made before notice of appeal is lodged.
Section 40. Application for certificate of fitness or leave to appeal in criminal matters Section 40(1)(a) where an appeal lies on certification by the superior court that the case is a fit case of appeal, application for such a certificate may be made informally and ex parte ; and Section 40(1)(b) where an appeal lies with the leave of the Court, application for such leave shall be made in the manner laid down in rules 44 and 45. Section 40(2) An application under this rule shall be made without unreasonable delay but need not be made before notice of appeal is lodged. - 41
APPLICATIONS - 41. Application for leave to appeal in civil matters
AI-assisted research summary: Applications for leave to appeal in civil matters may be made informally at the time the decision is given, or by motion or chamber summons within fourteen days, or in the manner of rules 44 and 45 within fourteen days (including where a superior court refused leave); an application seeking certification that a matter of general public importance is involved shall be made within thirty days after delivery of the decision; an application brought out of time is to be marked "lodged out of time" with liberty to apply for an extension of time.
Section 41. Application for leave to appeal in civil matters Section 41(1)(a) informally at the time when the decision against which it is desired to appeal is given; or Section 41(1)(a)(i) informally at the time when the decision against which it is desired to appeal is given; or Section 41(1)(a)(ii) by motion or chamber summons according to the practice of the superior court, within fourteen days of such decision; Section 41(1)(b) in the manner laid down in rules 44 and 45 within fourteen days after the decision against which it is desired to appeal; or Section 41(1)(b)(i) in the manner laid down in rules 44 and 45 within fourteen days after the decision against which it is desired to appeal; or Section 41(1)(b)(ii) where application for leave to appeal has been made to the superior court and refused, within fourteen days after such refusal. Section 41(2) An application seeking certification that a matter of general public importance is involved shall be made within thirty days after the delivery of the decision. Section 41(3) Despite subrule (2), an application brought out of time shall be marked as "lodged out of time" under rule 12 with liberty to apply for extension of time. - 42
APPLICATIONS - 42. Application for certificate that point of law of general public importance involved
AI-assisted research summary: Application for a certificate that a point of law of general public importance is involved.
Section 42. Application for certificate that point of law of general public importance involved Section informally, at the time when the decision against which it is desired to appeal is given; or - 43
APPLICATIONS - 43. Application to superior court
AI-assisted research summary: The Court may hear applications for stay of execution, injunctions, stays of further proceedings, or extensions of time under these Rules even if no earlier application was made to the superior court.
Section 43. Application to superior court Section The Court may entertain an application for stay of execution, injunction, stay of further proceedings or extension of time for the doing of any act authorized or required by these Rules, notwithstanding the fact that no application has been made in the first instance to the superior court. - 44
APPLICATIONS - 44. Form of applications to Court
AI-assisted research summary: Applications to the Court must normally be made by motion stating the grounds; a notice of motion should follow Form A and be signed for the applicant; some applications made during hearings or by consent may be made informally (including by letter).
Section 44. Form of applications to Court Section 44(1) Subject to subrule (3) and to any other rule allowing informal application, an application to the Court shall be by motion, which shall state the grounds of the application. Section 44(2) A notice of motion shall be substantially in Form A as set out in the First Schedule and signed by or on behalf of the applicant. Section 44(3)(a) to applications made in the course of a hearing, which may be made informally; or Section 44(3)(b) to applications made by consent of all parties, which may be made informally by letter. - 45
APPLICATIONS - 45. Supporting documents
AI-assisted research summary: Sets what supporting documents (affidavits) must accompany an application, allows supplementary affidavits with judicial leave or consent, permits informal leave-requests but requires them to be in writing, and requires filing and service of certain documents at least 24 hours before the hearing.
Section 45. Supporting documents Section 45(1)(a) by one or more affidavits of the applicant; or Section 45(1)(b) by one or more affidavits of some other person or persons having knowledge of the facts. Section 45(2) An applicant may, with the leave of a judge or with the consent of the other party, lodge one or more supplementary affidavits and application for such leave may be made informally but shall be in writing. Section 45(3)(a) by a copy of the decision, including the reasons therefor (if any) against which leave to appeal is sought; and Section 45(3)(b) where an application under rule 40 (1) (a) or 41 (1) (a) has been refused, by a copy of the decision, including the reasons therefor (if any), refusing that application. Section 45(4) Where the documents referred to in subrule (3) have not been filed together with the application, the applicant shall file and serve the documents at least twenty-four hours before the application is heard. - 46
APPLICATIONS - 46. Applications for leave to amend
AI-assisted research summary: Provides how and when to lodge or hand amended documents when applying for leave to amend, and sets a default 48‑hour deadline for lodging an amended document after leave is given if the Court specifies no time.
Section 46. Applications for leave to amend Section 46(1)(a) if practicable, lodged with the Registrar and served on the respondent before the hearing of the application; or Section 46(1)(b) if it is not practicable to lodge the document with the Registrar, handed to the Court and to the respondent at the time of the hearing. Section 46(2) Where the Court gives leave for the amendment of a document, whether on a formal or an informal application, the amendment shall be made or an amended version of the document be lodged within such time as the Court when giving leave may specify and if no time is so specified, then within forty-eight hours of the giving of leave and on failure to comply with the requirements of this subrule, the leave so given shall determine. - 47
APPLICATIONS - 47. Applications to be lodged in appropriate registry
AI-assisted research summary: Applications to the Court must be lodged in the appropriate registry; if urgent, they may be lodged in the Registry even if it is not the appropriate registry. Subsequent documents must be lodged in the appropriate registry when the application is to be heard by a single judge, and otherwise must be lodged in the Registry.
Section 47. Applications to be lodged in appropriate registry Section 47(1) An application to the Court shall be lodged in the appropriate registry: Provided that where the matter is one of urgency, an application may be lodged in the Registry, notwithstanding that it is not the appropriate registry. Section 47(2) Each subsequent document that is required to be lodged in relation to an application shall, if the application is to be heard by a single judge, be lodged in the appropriate registry and in any other case, shall be lodged in the Registry. - 48
APPLICATIONS - 48. Procedure regarding applications lodged in sub-registries
AI-assisted research summary: Deputy registrars must list single-judge applications for hearing before a locally resident judge or, if none is available locally, send them to the Registrar; for all other applications lodged in a sub-registry the deputy registrar must send them to the Registrar without delay.
Section 48. Procedure regarding applications lodged in sub-registries Section 48(1) When an application to be heard by a single judge is lodged in a sub-registry, the relevant deputy registrar shall list it for hearing before a judge locally resident, or if there is no judge available locally, shall send it to the Registrar. Section 48(2) When any other application is lodged in a sub-registry, the deputy registrar shall send it to the Registrar without delay. - 49
APPLICATIONS - 49. Urgent applications
AI-assisted research summary: To have an application heard urgently, the applicant must file a certificate of urgency signed by the applicant or advocate and a supporting affidavit; a single judge must certify urgency before the matter is set down.
Section 49. Urgent applications Section 49(1) An application which the applicant desires to set down for hearing as a matter of urgency shall be accompanied by a certificate of urgency signed by the applicant or the applicant’s advocate, supported by affidavit setting forth the matters upon which the applicant relies as showing that his or her application should be heard without delay. Section 49(2) The application under subrule (1), certificate and supporting affidavit shall be placed before a single judge, who shall peruse it, and the application shall not be set down for hearing as a matter of urgency unless the judge certifies that it is urgent. Section 49(3) The Registrar may maintain, in addition to the Court register of applications, a separate register of each application made under sub- rule (1) which shall be numbered consecutively in each year showing the date the application was made, the parties, if any, and the decision of the single judge thereon. Section 49(4) The provisions of this rule shall apply to the hearing of urgent applications during the term and in recess. Section 49(5) The refusal by the judge to certify an application as urgent under this rule shall not be subject to a reference to the Court under rule 55, but the applicant may apply informally for the matter to be placed before a single judge for hearing inter partes. Section 49(6) Where an application is certified urgent by a single judge, the application shall be set down for hearing within sixty days after the certification or such other specified period as the President may direct, depending on the urgency of the matter. - 50
APPLICATIONS - 50. Number of copies of applications required
AI-assisted research summary: If an application is adjourned to the Court or referred under rule 57, the person applying must file two extra copies of the application and related documents before the Court hearing.
Section 50. Number of copies of applications required Section 50(1) When an application is to be heard by a single judge, the application and documents relating thereto shall be filed in two copies, and in four copies in all other cases. Section 50(2) Where an application is adjourned by a single judge for the determination of the Court and in any case where an application is referred to the Court under rule 57, the person applying to the Court shall, before the date of the hearing by the Court, file two extra copies of the application and the other documents relating thereto, including any affidavits filed by any other party before the adjournment or the giving of notice, as the case may be. - 51
APPLICATIONS - 51. Service of notice of motion
AI-assisted research summary: Notices of motion (and copies of affidavits) must be served on necessary parties within three days after filing unless directed otherwise; in urgent cases an application (other than under rule 117) may be made ex parte, and if the applicant is represented the advocate must sign and file a certificate of urgency with the proceedings.
Section 51. Service of notice of motion Section 51(1) The notice of motion and copies of all affidavits shall be served on all necessary parties within three days after the filing of the application unless otherwise directed: Provided that in case of urgency, an application, other than an application under rule 117, may be made ex parte, but in any such case, if the applicant is represented by an advocate, the advocate shall sign a certificate of urgency, which shall be filed together with the proceedings. Section 51(2) Where any person who is required to be served with a notice of motion gave an address for service in or in connection with the proceedings in the superior court and has given no subsequent address for service, the notice may be served on him or her at that address notwithstanding that it may be that of an advocate who has not been retained for the purpose of any subsequent proceedings. - 52
APPLICATIONS - 52. Affidavits in reply
AI-assisted research summary: Lodge one or more affidavits in reply and serve a copy or copies on the applicant within fourteen days after receipt of the application, unless otherwise directed.
Section 52. Affidavits in reply Section lodge one or more affidavits in reply and shall serve a copy or copies thereof on the applicant within fourteen days after receipt of the application, unless otherwise directed; and - 53
APPLICATIONS - 53. Abatement of applications
AI-assisted research summary: Rules for when applications abate and when they can be revived: criminal applications abate on death (respondent or applicant depending on whether applicant is the State), civil applications do not abate but the Court can substitute a legal representative on application; an application will abate if no substitution application is made within twelve months; interested persons may apply to revive an abated application and the court shall revive it if prevented by sufficient cause.
Section 53. Abatement of applications Section 53(1) A criminal application shall abate, where the applicant is the State, on the death of the respondent and, in any other case on the death of the applicant. Section 53(2) A civil application shall not abate on the death of the applicant or the respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased to be made a party in place of the deceased. Section 53(3) If no application is made under subrule (2) within twelve months by the applicant or the respondent, the application shall abate. Section 53(4) The person claiming to be the legal representative of a deceased party or any interested person to an application may apply for an order to revive the application which has abated under subrule (3) and, if it is proved that he or she was prevented by sufficient cause from continuing with the application, the court shall revive the application upon such terms as to costs or otherwise as it deems fit. Section 53(5) An application under this rule may be made before a single judge or the Court on the date of the hearing. - 54
APPLICATIONS - 54. Application for leave to withdraw
AI-assisted research summary: Section 54. Application for leave to withdraw Section 54(1) An applicant may, at any time, apply to the Court for leave to withdraw an application and such application to withdraw may be made informally and heard by the Registrar where the
Section 54. Application for leave to withdraw Section 54(1) An applicant may, at any time, apply to the Court for leave to withdraw an application and such application to withdraw may be made informally and heard by the Registrar where the issue of costs is not contested. Section 54(2) Where the issue of costs is contested under subrule (1), the application to withdraw shall be heard by a single judge or by the Court if it is raised on the date of the hearing. Section 54(3) Where the withdrawal of an application is sought under this rule, each party shall have the right to be heard. - 55
APPLICATIONS - 55. Hearing of applications
AI-assisted research summary: Applications (except those listed in subrule (2)) must be heard by a single judge; the judge may adjourn such an application for determination by the Court. Subrule (2) lists specific application types.
Section 55. Hearing of applications Section 55(1) Each application, other than an application specified in subrule (2), shall be heard by a single judge: Provided that such application may be adjourned by the judge for determination by the Court. Section 55(2)(a) an application for leave to appeal; Section 55(2)(b) an application for a stay of execution, injunction, or stay of further proceedings; Section 55(2)(c) an application to strike out a notice of appeal or an appeal; or Section 55(2)(d) an application made as ancillary to an application under paragraph (a) or (b) or made informally in the course of a hearing. - 56
APPLICATIONS - 56. Hearing of applications
AI-assisted research summary: Section 56 governs how applications are to be heard: a single-judge application may be heard in open court, in chambers, or otherwise as the judge directs and, when made informally by letter with parties' consent, the judge may dispense with parties' appearance; other applications are to be heard in open court unless the President or presiding judge directs otherwise.
Section 56. Hearing of applications Section 56(1) An application to be heard by a single judge may be heard in open court, in chambers or in any other manner as the judge may direct: Provided that where an application is made informally by letter with the consent of the parties, the judge may dispense with the appearance of the parties. Section 56(2) Any application, other than an application under subrule (1), shall be heard in open court, unless the President or the presiding judge shall otherwise direct. - 57
APPLICATIONS - 57. Reference from decision of a single judge
AI-assisted research summary: A person who seeks review of a single judge's decision may apply informally to the judge when the decision is given or may write to the Registrar within seven days thereafter.
Section 57. Reference from decision of a single judge Section 57(1)(a) in a criminal matter, wishes to have his or her application determined by the Court; or Section 57(1)(b) in a civil matter, wishes to have any order, direction or decision of a single judge varied, discharged or reversed by the Court, that person may apply therefor informally to the judge at the time when the decision is given or by writing to the Registrar within seven days thereafter. Section 57(2) At the hearing by the court of an application previously decided by a single judge, no additional evidence shall be adduced. - 58
APPLICATIONS - 58. Procedure on non- appearance
AI-assisted research summary: If an applicant does not appear on the hearing date the Court may dismiss the application or adjourn; the Court may order hearings by written submissions and must consider filed written submissions; if applicant appears but respondent does not, the application proceeds in respondent's absence unless adjourned; parties absent when an application is determined may apply to restore within thirty days; special rule for imprisoned unrepresented criminal applicants; the Court has discretion to dismiss where parties fail to appear or cannot be traced; a party’s advocate may effect service.
Section 58. Procedure on non- appearance Section 58(1) If, on any day fixed for the hearing of an application, the applicant does not appear or comply with directions, the application may be dismissed, unless the Court sees fit to adjourn the hearing: Provided that the Court may order that an application may be heard by way of written submissions and where parties have filed written submissions, the court shall consider the submissions. Section 58(2) If the applicant appears or complies and the respondent fails to appear or comply, the application shall proceed in the absence of the respondent, unless the Court sees fit to adjourn the hearing. Section 58(3) Where an application has been dismissed or allowed under subrule (2), the party in whose absence the application was determined may apply to the Court to restore the application for hearing or to re- hear it, as the case may be, if that party can show that he or she was prevented by any sufficient cause from appearing when the application was called on for hearing. Section 58(4) An application made under subrule (3) shall be made within thirty days of the decision of the Court, or in the case of a party who would have been served with notice of the hearing but was not so served, within thirty days after that party’s first hearing of that decision. Section 58(5) The provisions of subrule (1) shall not apply to a criminal application if the applicant is in prison and is not represented by an advocate and in any such case, the application shall be heard notwithstanding the absence of the applicant, unless the Court shall otherwise order. Section 58(6) Subject to the provisions of sub-rules (1), (2), (3), (4), and (5), the Court shall have discretion to dismiss an application or an appeal where one or both parties fail to appear or comply after being duly served, or cannot be traced at the parties’ last known address. Section 58(7) A party’s advocate may effect service under this rule. - 59
APPLICATIONS - 59. Rescinding of orders
AI-assisted research summary: The Court may vary or rescind an order made on an application to the Court in the circumstances set out in subrule (1).
Section 59. Rescinding of orders Section 59(1)(a) the order was one extending the time for doing any act, otherwise than to a specific date; or Section 59(1)(b) the order was one permitting the doing of some act, without specifying the date by which the act was to be done, and the person on whose application the order was made has failed to show reasonable diligence in the matter. Section 59(2) An order made on an application to the Court may be varied or rescinded in terms of subrule (1) by the Court.
Part III
CRIMINAL APPEALS AND REVIEW
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CRIMINAL APPEALS AND REVIEW - 60. Application of Part III
AI-assisted research summary: Part III applies to appeals from superior courts acting in original and appellate jurisdiction in criminal cases and related matters.
Section 60. Application of Part III Section This Part shall apply to appeals from superior courts acting in original and appellate jurisdiction in criminal cases and related matters. - 61
CRIMINAL APPEALS AND REVIEW - 61. Notice of appeal
AI-assisted research summary: Sets how a person gives notice of appeal: written notice in six copies to the registrar where the decision was given, within 14 days; notice must state the nature of the decision and an address for service; joint notices and signing requirements for advocates and imprisoned appellants are specified; DPP certificates must be lodged in six copies within one month.
Section 61. Notice of appeal Section 61(1) A person who desires to appeal to the Court shall give notice in writing, which shall be lodged in six copies with the registrar of the superior Court at the place where the decision against which it is desired to appeal was given, within fourteen days after the date of that decision, and the notice of appeal shall institute the appeal. Section 61(2)(a) briefly state the nature of the acquittal, conviction, sentence or finding against which it is desired to appeal; and Section 61(2)(b) contain the address at which any documents connected with the appeal may be served on the appellant. Section 61(3) Where two or more persons have been convicted at the same trial and any two or more of them desire to appeal to the Court, they may, at their option, lodge separate notices or a joint notice of appeal and where a joint notice of appeal is lodged, it may include, in addition to the grounds of appeal common to all the appellants, grounds peculiar to one or more of them. Section 61(4) Where an appeal lies only on a certificate that the case is a fit case for appeal, or with leave, or on a certificate that a point of law of general public importance is involved, it shall not be necessary to obtain such certificate or leave before lodging the notice of appeal. Section 61(5) Where a notice of appeal is signed by or on behalf of an appellant who is in prison, it shall include a statement that the appellant intends or does not intend, as the case may be, to appear at the hearing of the appeal. Section 61(6) Where a notice of appeal is signed by an advocate, the advocate shall add after his or her signature the words "Retained only to prepare this notice", "Retained to appear at the hearing of the appeal" or "Assigned to appear at the hearing of the appeal", as the case may be. Section 61(7) Where the Director of Public Prosecutions certifies under section 379 (3) of the Criminal Procedure Code that a sentence passed by the High Court should be revised, the certificate shall be lodged in six copies with the Registrar within one month after the date of the sentence. Section 61(8) A notice of appeal shall be substantially in Form B as set out in the First Schedule and shall be signed by or on behalf of the appellant. - 62
CRIMINAL APPEALS AND REVIEW - 62. Consolidation of appeals
AI-assisted research summary: Where two or more appeals arise from the same trial they must be consolidated and proceed as one appeal unless the Court orders otherwise; similarly, where appeals from persons whose appeals have been consolidated and two or more give notice, those appeals must be consolidated and proceed as one appeal unless the Court orders otherwise.
Section 62. Consolidation of appeals Section 62(1) Where two or more appeals are brought from convictions or sentences passed at the same trial, they shall, unless the Court otherwise orders, be consolidated and shall proceed as one appeal. Section 62(2) Where two or more persons convicted by a subordinate court have appealed to a superior Court where their appeals have been consolidated, and any two or more of them give notice of appeal to the Court, their appeals shall, unless the Court otherwise orders, be consolidated and shall proceed as one appeal. - 63
CRIMINAL APPEALS AND REVIEW - 63. Transmission of notices of appeal
AI-assisted research summary: Transmission of notices of appeal to specified recipients and a requirement to send a copy of notification to the appellant and Director of Public Prosecutions within fourteen days.
Section 63. Transmission of notices of appeal Section 63(1)(a) to the Registrar of the Court of Appeal; Section 63(1)(b) to the respondent named therein; and Section 63(1)(c) to the interested party or intermediary, if any, named therein. Section 63(2)(a) register the appeal and notify the deputy registrar of the superior court; and Section 63(2)(b) send a copy of the notification under paragraph (a) to the appellant and Director of Public Prosecutions within fourteen days after notifying the registrar of the superior court. - 64
CRIMINAL APPEALS AND REVIEW - 64. Preparation of record of appeal
AI-assisted research summary: The registrar of the superior court must prepare the record of appeal within sixty days after a notice of appeal is lodged; if not prepared in time the deputy registrar shall prepare a certificate of delay; the registrar must also certify each copy of the record as a true copy, subject to approved production methods.
Section 64. Preparation of record of appeal Section 64(1) Within sixty days after a notice of appeal has been lodged, the registrar of the superior court shall prepare the record of appeal: Provided that where the record of appeal is not prepared within the stipulated period, the deputy registrar of the superior shall prepare a certificate of delay. Section 64(2)(a) an index of the documents in the record of appeal with the numbers of pages at which they appear showing, under the reference to the trial judge's notes and transcript, if any, of shorthand notes, the names of the witnesses and the pages of the record at which their evidence appears; Section 64(2)(b) the information, indictment or charge; Section 64(2)(c) the trial judge's notes of the hearing, including the proceedings on and after sentence; Section 64(2)(d) the transcript of any shorthand notes taken at the trial; Section 64(2)(e) a list of the exhibits put in at the trial; Section 64(2)(f) the documentary exhibits, photographs and plans put in at the trial and the depositions read in consequence of the absence of the intended witnesses: Section 64(2)(g) the summing-up to the assessors, if there is a record of it, or of the judge's notes on which the judge based his or her summing up, and the opinions of the assessors; Section 64(2)(h) the judgment; Section 64(2)(i) the order, if any, giving leave to appeal or the certificate, if any, that the case is a fit case for appeal; Section 64(2)(j) the notice of appeal; and Section 64(2)(k) any other documents which the trial judge may order to be included, including additional grounds or explanation of the judge’s decision which he considers would be of assistance to the Court, or which appear to the registrar of the superior court to be necessary for the proper disposal of the appeal, and such documents may include a report made after sentence on an appellant's health. Section 64(3)(a) that the appellant was convicted on his or her own plea of guilty; Section 64(3)(b) that the appellant has lodged no notice of appeal against conviction and that the time for lodging such a notice has expired; or Section 64(3)(c) that the appellant has appealed against conviction to the superior court and that the appeal has been determined. Section 64(4)(a) the petition of appeal; Section 64(4)(b) the record of proceedings; Section 64(4)(c) the judgment; and Section 64(4)(d) the order, if any. Section 64(5)(a) the notice of appeal has been lodged out of time, until the registrar has been notified that the time has been extended by order of the superior court or of the Court or the President otherwise directs; Section 64(5)(b) the appeal cannot be heard without leave to appeal or a certificate that the case is a fit case for appeal or a certificate that a point of law of general public importance is involved, until the registrar has been notified that such leave or certificate has been given or the President otherwise directs; or Section 64(5)(c) the appeal is from a decision of a superior court in exercise of its appellate jurisdiction, until the prescribed fee, or such part thereof, if any, as the appellant may be liable to pay under an order made under rule 115, has been paid or a deposit on account thereof has been made to the satisfaction of the registrar of the superior court. Section 64(6) The registrar of the superior court shall certify each copy of the record of appeal to be a true copy of the original proceedings: Provided that the record shall have been produced by printing, photography or any other electronic means approved by the court. - 65
CRIMINAL APPEALS AND REVIEW - 65. Service and transmission of record of appeal and exhibits
AI-assisted research summary: The registrar of the superior court must make non-documentary exhibits available for inspection at the appeal hearing (as far as practicable) and is not required to send non-documentary exhibits to the Registrar unless requested; other service and transmission requirements for records are stated in the section.
Section 65. Service and transmission of record of appeal and exhibits Section 65(1)(a) cause a copy of the record to be served on the appellant; Section 65(1)(b) cause a copy of the record to be served on the respondent; and Section 65(1)(c) send four copies of the record to the Registrar. Section 65(2)(a) the original record of proceedings in the superior court; Section 65(2)(b) the original documentary exhibits in the superior court, other than any exhibits of great bulk; and Section 65(2)(c) a copy of the record of the preliminary inquiry, if any. Section 65(3) The registrar of the superior court shall not be required to send to the Registrar any exhibits other than documentary ones, unless requested to do so by the Registrar. Section 65(4) The registrar of the superior court shall ensure, so far as practicable, that all other exhibits are available for inspection by the Court at the hearing of the appeal. - 66
CRIMINAL APPEALS AND REVIEW - 66. Memorandum of appeal
AI-assisted research summary: The appellant must lodge a memorandum of appeal (in five copies) within fourteen days after service of the record; if lodged with a deputy registrar additional copies must be filed with the Registrar within twenty-one days; the Registrar or deputy registrar must serve the respondent as soon as practicable; the memorandum must be substantially in Form C and signed; if no memorandum is lodged in time the Court may dismiss the appeal or set it down, and a dismissed appellant may apply to restore the appeal if sufficient cause is shown.
Section 66. Memorandum of appeal Section 66(1) The appellant shall, within fourteen days after service on him or her of the record of appeal, lodge a memorandum of appeal, in five copies, with the Registrar or with the deputy registrar at the place where the appeal is to be heard: Provided that where the memorandum of appeal is lodged with the deputy registrar at the place where the appeal is to be heard, the appellant shall lodge two additional copies with the Registrar within twenty-one days after service on him or her of the record of appeal. Section 66(2) The memorandum of appeal lodged under subrule (1) shall concisely set forth and under consecutively numbered distinct heads, without argument or narrative, the grounds of objection to the decision appealed against, specifying, in the case of a first appeal, the points of law or fact and, in the case of any other appeal, the points of law, which are alleged to have been wrongly decided. Section 66(3) The Registrar or the deputy registrar, as the case may be, shall, as soon as practicable, cause a copy of the memorandum of appeal under subrule (1) to be served on the respondent. Section 66(4) A memorandum of appeal under subrule (1) shall be substantially in Form C as set out in the First Schedule and be signed by or on behalf of the appellant. Section 66(5) If no memorandum of appeal is lodged within the prescribed time, the Court may dismiss the appeal or may direct that it be set down for hearing: Provided that where an appeal is dismissed, the appellant, if he or she can show sufficient cause, may apply to the Court to restore it for hearing. - 67
CRIMINAL APPEALS AND REVIEW - 67. Supplementary memorandum
AI-assisted research summary: Rules allowing lodging of supplementary memoranda of appeal: appellants may with leave lodge them; assigned advocates may lodge one within fourteen days without leave; anyone who lodges must serve a copy on the respondent.
Section 67. Supplementary memorandum Section 67(1) An appellant may, at any time with the leave of the Court, lodge a supplementary memorandum of appeal. Section 67(2) An advocate who has been assigned by the President or presiding judge to represent an appellant may, within fourteen days after the date when the advocate is notified of the assignment and without requiring the leave of the Court, lodge a memorandum of appeal on behalf of the appellant as supplementary to or in substitution for any memorandum which the appellant may have lodged. Section 67(3) A person lodging a supplementary memorandum under this rule shall cause a copy thereof to be served on the respondent. - 68
CRIMINAL APPEALS AND REVIEW - 68. Presentation of written submissions
AI-assisted research summary: Parties to an appeal or application may file and serve written submissions; submissions filed must be signed and lodged in five copies or as otherwise required.
Section 68. Presentation of written submissions Section 68(1) A party to an appeal or application may file written submissions in support of or in opposition to the appeal or application, as the case may be, and serve the submissions on the other parties. Section 68(2) Written submissions filed under subrule (1) shall be signed by or on behalf of the party and shall be lodged in five copies or such other additional copies as may be required, in accordance with the pre- trial directions given by the Registrar during the case management conference. - 69
CRIMINAL APPEALS AND REVIEW - 69. Procedure where appellant is in prison
AI-assisted research summary: If an appellant is in prison, giving the notice, memorandum or statement to the prison officer counts as compliance with rules 61, 66, 67 and 68; the prison officer must immediately endorse the notice or statement with the date and time of receipt.
Section 69. Procedure where appellant is in prison Section 69(1) If the appellant is in prison, he or she shall be deemed to have complied with the requirements of rules 61, 66, 67 and 68 or any of them if he or she gives to the officer in charge of such prison the notice of appeal, memorandum of appeal or statement provided for in those rules respectively. Section 69(2)(a) the time between the appellant's conviction and his or her arrival at the prison to which he or she was committed; and Section 69(2)(b) the time between the giving of the notice, memorandum or statement to the officer in charge of the prison and its lodging by him or her with the registrar of the superior court or the Registrar or deputy registrar, as the case may be. Section 69(3) The officer in charge of a prison receiving a notice or statement under this rule shall forthwith endorse the notice or statement with the date and time of receipt. - 70
CRIMINAL APPEALS AND REVIEW - 70. Withdrawal of appeals
AI-assisted research summary: An appeal can be withdrawn before the hearing by a written notice to the Registrar signed by the appellant; the Registrar must promptly notify the respondent and the superior court; a withdrawn appeal may be restored by the Court if withdrawal was induced by fraud or mistake and justice requires it; an appeal may also be withdrawn informally in court before the hearing is concluded.
Section 70. Withdrawal of appeals Section 70(1) An appeal may be withdrawn at any time before hearing by notice in writing to the Registrar signed by the appellant and, upon such notice being given, the appeal shall be deemed to have been withdrawn. Section 70(2) When any appeal is withdrawn under subrule (1), the Registrar shall forthwith notify the respondent and the registrar of the superior court. Section 70(3) An appeal which has been withdrawn under subrule (1) may be restored by leave of the Court on the application of the appellant if the Court is satisfied that the notice of withdrawal was induced by fraud or mistake and that the interests of justice require that the appeal be heard. Section 70(4) An appeal may be withdrawn by an informal application in court at any time before the hearing is concluded. - 71
CRIMINAL APPEALS AND REVIEW - 71. Abatement of appeals
AI-assisted research summary: Section 71 sets out when appeals are abated (for example on the death of parties or failure to pay certain fees within specified time) and contains a rule that the appellant is deemed to have received notification four days after dispatch by the registrar of the superior court.
Section 71. Abatement of appeals Section 71(1)(a) in the case of an appeal, other than an appeal against a sentence of a fine or an order for costs, compensation or forfeiture, on the death of the appellant or, where the appellant is the State, on the death of the respondent; or Section 71(1)(b) in any case where the fee, part thereof or deposit referred to in rule 64 (5) (c) has not been paid or made within fourteen days after the appellant having been notified of the amount of the fee or deposit payable by him. Section 71(2) For the purpose of subrule (1) (b), the appellant shall be deemed to have received notification four days after it has been dispatched by the registrar of the superior court to the appellant or advocate of the appellant at the address stated in the notice of appeal. Section 71(3) An application under this rule may be made before a single judge. - 72
CRIMINAL APPEALS AND REVIEW - 72. Notice of hearing
AI-assisted research summary: Notices of the time and place for an appeal must be given to the appellant and respondent; one subrule permits giving such notice at a case management conference; the notice must be given at least seven days before the hearing unless the President or presiding judge directs otherwise.
Section 72. Notice of hearing Section 72(1)(a) shall cause notice to be given to the appellant and respondent of the time and place at which an appeal will be heard; and Section 72(1)(b) may, during a case management conference, give notice to the appellant and respondent of the time and place at which an appeal will be heard. Section 72(2) The notice under subrule (1) shall be given at least seven days before the date appointed for the hearing, unless the President or presiding judge otherwise directs. - 73
CRIMINAL APPEALS AND REVIEW - 73. Appearance at hearing and dismissal for non-appearance
AI-assisted research summary: Appellants and respondents have the right to be present at appeal hearings, with special rules for prisoners, represented appellants, non-appearance (which can lead to dismissal or hearing in absence), abatement when an appellant cannot be traced, and possibilities to restore dismissed or abated appeals.
Section 73. Appearance at hearing and dismissal for non-appearance Section 73(1) The appellant and the respondent shall be entitled to be present at the hearing of the appeal: Provided that an appellant or respondent who is in prison, other than an appellant under sentence of death not represented by an advocate, shall, unless in any particular case the Court otherwise directs, be so entitled only on terms of paying the expenses of the appellant’s transport and that of his or her escort to and from the Court. Section 73(2) Where an appellant is represented by advocate or has lodged written submissions under rule 68 or is in prison, it shall not be necessary for the appellant to attend personally the hearing of the appeal, unless the Court shall order his or her attendance: Provided that if an appellant is on bail, the appellant shall attend the hearing of the appeal or, with the leave of the Registrar, shall, before the time of hearing, attend the superior court at the place where the bail was executed and submit himself or herself to the order of such court pending disposal of the appeal. Section 73(3) Where an appellant is in prison and has stated that he or she does not intend to appear at the hearing of the appeal, the appeal shall be heard in the appellant’s absence, unless the Court orders the appellant’s attendance. Section 73(4) Subject to subrule (3), if, on the day fixed for the hearing of the appeal the appellant does not appear in person or by advocate and has not lodged a statement under rule 66, the appeal may be dismissed or may be heard in the appellant’s absence: Provided that where an appeal has been dismissed, the Court may restore it for hearing if it is satisfied that the appellant was prevented by any sufficient cause from appearing when the appeal was called for hearing. Section 73(5)(a) The appellant is under sentence of death and desires to attend hearing of his or her appeal; or Section 73(5)(b) the Court has ordered the appellant’s attendance under sub- rule (2) or subrule (3). Section 73(6) If, on the day fixed for the hearing of an appeal, the appellant fails to appear in person or by advocate, and it appears to the court that the appellant is no longer in custody and cannot be traced, or cannot be traced without an amount of delay or expense which, in the circumstances of the case, the Court considers unreasonable, the Court may, if it appears that no injustice will be done thereby, order that the appeal shall abate: Provided that in such a case the appellant may apply to the court to restore the appeal for hearing and the Court may, if the ends of justice so require, restore the appeal for hearing. - 74
CRIMINAL APPEALS AND REVIEW - 74. Arguments at hearing
AI-assisted research summary: An appellant must not argue any ground of appeal that was not specified in the memorandum of appeal or in a supplementary memorandum under rule 67 without the leave of the Court.
Section 74. Arguments at hearing Section the appellant shall not, without the leave of the Court, argue any ground of appeal that was not specified in the memorandum of appeal or in any supplementary memorandum lodged under rule 67; and - 75
CRIMINAL APPEALS AND REVIEW - 75. Review
AI-assisted research summary: The Director of Public Prosecutions must, where a certificate has been filed under section 379(5) that a trial decision involves a point of law of exceptional public importance, lodge six copies of a record with the Registrar within thirty days after the determination and inform the Court whether they wish to be heard; the Registrar must serve copies on the acquitted person and require them to inform the Court within fourteen days whether they wish to be heard.
Section 75. Review Section 75(1) Where, under the provisions of section 379 (5) of the Criminal Procedure Code, the Director of Public Prosecutions has filed a certificate that the determination of a trial involved a point of law of exceptional public importance and that it is in the public interest that the point should be determined by the Court, the Director of Public Prosecutions shall, within thirty days after the determination, lodge with the Registrar six copies of a record containing the information, the judgment of the superior court and such parts of the proceedings before the superior court as are necessary to enable the Court to review the case, and inform the Court whether or not he or she desires to be heard thereon. Section 75(2) The Registrar shall cause one copy of the certificate and one copy of the record to be served on the person who was acquitted and require him or her to inform the Court, within fourteen days, whether or not he or she desires to be heard in the matter. Section 75(3) Where the Director of Public Prosecutions and the person who was acquitted desire to be heard, the provisions of these Rules relating to the hearing of criminal appeals shall apply so far as they are appropriate, with such modification as may be necessary. Section 75(4) An application for review shall not abate on the death of the person who was acquitted.
Part IV
CIVIL APPEALS
- 100
CIVIL APPEALS - 100. Rights of respondent when appeal withdrawn
AI-assisted research summary: A respondent who gave a notice of cross-appeal may withdraw that notice within fourteen days after service of the notice of withdrawal; if not withdrawn the cross-appeal proceeds. Separately, a respondent who did not lodge a cross-appeal may be entitled to give notice of appeal within fourteen days after service of the appellant's notice of withdrawal even if the time under rule 77 has expired.
Section 100. Rights of respondent when appeal withdrawn Section 100(1) If an appeal is withdrawn under rule 98 after notice of cross-appeal has been given, the respondent who gave the notice may withdraw it within fourteen days after the service on him or her of the notice of withdrawal, but if it is not so withdrawn, the cross-appeal shall proceed to hearing and these Rules shall apply as if the cross- appellant were an appellant and the appellant a respondent. Section 100(2) If an appeal is withdrawn under rule 98 within fourteen days after the date when the appeal was instituted, a respondent who has not lodged a notice of cross-appeal shall be entitled to give notice of appeal notwithstanding that the time specified under rule 77 has expired, if that respondent does so within fourteen days after the date when the appellant's notice of withdrawal was served on the respondent. - 101
CIVIL APPEALS - 101. Withdrawal of notice of cross appeal or notice of grounds for affirming decision
AI-assisted research summary: A respondent who gave notice of cross-appeal or grounds for affirming may withdraw that notice by lodging a written, signed notice in the appropriate registry before the appeal is called; the respondent must serve copies on the appellant and any other respondent before or as soon as practicable after lodging.
Section 101. Withdrawal of notice of cross appeal or notice of grounds for affirming decision Section 101(1) A respondent who has given notice of cross-appeal or notice of grounds for affirming the decision of the superior court may withdraw the notice at any time before the appeal is called on for hearing by lodging in the appropriate registry notice in writing to that effect, signed by the respondent or on the respondent’s behalf. Section 101(2) The respondent shall, before or as soon as practicable after lodging the notice under subrule (1), serve a copy thereof on the appellant and copies thereof on any other respondent who was served with the notice of cross-appeal or notice of grounds for affirming the decision, as the case may be. - 102
CIVIL APPEALS - 102. Death of party to appeal
AI-assisted research summary: An appeal does not automatically end when a party dies; a legal representative can be substituted on application, but if no application is made within twelve months of death the appeal abates; a revived appeal may be ordered if the representative was prevented by sufficient cause.
Section 102. Death of party to appeal Section 102(1) An appeal shall not abate on the death of the appellant or respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased person to be made a party in place of the deceased. Section 102(2) If no application is made under subrule (1) within twelve months from the date of the death of the appellant or respondent, the appeal shall abate. Section 102(3) The person claiming to be the legal representative of a deceased party or an interested party to an appeal may apply for an order to revive an appeal which has abated and, if it is proved that the legal representative was prevented by sufficient cause from continuing the appeal, the court shall revive the appeal upon such terms as to costs or otherwise as it deems fit. Section 102(4) An application under sub rule (3) may be made before a single judge. - 103
CIVIL APPEALS - 103. Written submissions
AI-assisted research summary: Allows parties to lodge written submissions in the registry and requires a party who lodges submissions to serve copies on other parties before or within seven days; sets specific time limits for appellants and respondents to lodge submissions, permits supplementary submissions in response to a cross-appeal, and permits parties who lodged submissions to address the Court.
Section 103. Written submissions Section 103(1) A party to an appeal may lodge in the appropriate registry written submissions of the arguments in support of or in opposition to the appeal or cross-appeal if any, as the case may be, and shall, before or within seven days after lodging it, serve a copy of it on the other party or on each other party appearing in person or separately represented. Section 103(2)(a) an appellant, within fourteen days of lodging the appellant’s memorandum of appeal or as otherwise directed by the Registrar during case management; and Section 103(2)(b) a respondent and any other party, within thirty days of service on him or her of the memorandum and record of appeal or as otherwise directed by the Registrar during case management. Section 103(3) An appellant who has lodged written submissions under sub- rule (1) may, if served with notice of a cross-appeal or where necessary, lodge supplementary submissions of the arguments in opposition to it within fourteen days of service. Section 103(4) A party who has lodged written submissions under this rule may address the Court at the hearing of the appeal. - 104
CIVIL APPEALS - 104. Notice of hearing
AI-assisted research summary: The Registrar must give all parties to an appeal at least fourteen days' notice of the hearing date, except if urgent or the Court directs a shorter period; notice need not be given to a party who consented to the fixed date.
Section 104. Notice of hearing Section 104(1) The Registrar shall give all parties to an appeal not less than fourteen days’ notice of the date fixed for the hearing of an appeal except where a matter has been certified urgent or the Court, for good reason, directs that a matter be served within a shorter period: Provided that it shall not be necessary to give such notice to any party with whose consent the date for the hearing was fixed. Section 104(2) A hearing notice may be served by the relevant party, save where the Court effects service. Section 104(3) Service may be effected electronically through email or any other electronic means approved by the court. - 105
CIVIL APPEALS - 105. Appearances at hearing and procedure on non-appearance
AI-assisted research summary: If an appellant or respondent fails to appear on the hearing day, the Court may dismiss or proceed with the appeal, may adjourn and may order adjournment fees and costs; dismissed or decided appeals may be restored or re-heard if the absent party shows sufficient cause; applications for restoration must be made within thirty days (with a specific rule for those not served). A party who lodged a statement under rule 100 is deemed to have appeared.
Section 105. Appearances at hearing and procedure on non-appearance Section 105(1) If, on any day fixed for the hearing of an appeal, the appellant does not appear, the appeal may be dismissed and any cross- appeal may proceed, unless the Court deems fit to adjourn the hearing and, in such instance, may order the appellant to pay court adjournment fees and costs to the other parties present: Provided that where an appeal has been so dismissed or any cross-appeal so heard has been allowed, the appellant may apply to the Court to restore the appeal for hearing or to re-hear the cross-appeal, if he or she can show that he or she was prevented by any sufficient cause from appearing when the appeal was called on for hearing. Section 105(2) If the appellant appears and the respondent fails to appear, the appeal shall proceed in the absence of the respondent and any cross- appeal may be dismissed, unless the Court deems fit to adjourn the hearing and, in such instance, may order the respondent to pay court adjournment fees in accordance with the Third Schedule and costs to the other parties present: Provided that where an appeal has been allowed or cross-appeal dismissed in the absence of the respondent, the respondent may apply to the Court to re-hear the appeal or to restore the cross-appeal for hearing, if he or she can show that he or she was prevented by any sufficient cause from appearing when the appeal was called on for hearing. Section 105(3) An application for restoration under the proviso to subrule (1) or the proviso to subrule (2) shall be made within thirty days after the decision of the Court or, in the case of a party who should have been served with notice of the hearing but was not so served, within thirty days after his or her first hearing of that decision. Section 105(4) For the purposes of this rule, a party who has lodged a statement under rule 100 shall be deemed to have appeared. - 106
CIVIL APPEALS - 106. Consolidation of appeals
AI-assisted research summary: any two or more appeals to be consolidated on such terms as it thinks just;
Section 106. Consolidation of appeals Section any two or more appeals to be consolidated on such terms as it thinks just; - 107
CIVIL APPEALS - 107. Arguments at hearing
AI-assisted research summary: No party may, without the Court's leave, argue that the superior court's decision should be reversed or varied except on grounds in the memorandum of appeal or a notice of cross-appeal, or support that decision on any ground not relied on by that court or specified under rule 95 or rule 96.
Section 107. Arguments at hearing Section no party shall, without the leave of the Court, argue that the decision of the superior court should be reversed or varied except on a ground specified in the memorandum of appeal or a notice of cross-appeal, or support the decision of the superior court on any ground not relied on by that court or specified in a notice given under rule 95 or rule 96; - 108
CIVIL APPEALS - 108. Court-annexed mediation
AI-assisted research summary: The Registrar may screen and refer appeals or applications to mediation (with parties' consultation and approval); the Court may also refer parties to mediation before a matter concludes; the Registrar must select an accredited mediator when a dispute is referred.
Section 108. Court-annexed mediation Section 108(1) At any time during a case management conference or before a matter is set down for hearing, the Registrar, in consultation with and approval of the parties, may screen and refer any appeal or application to mediation: Provided that before conclusion of any matter, the Court may refer parties to mediation. Section 108(2) Where a dispute is referred to mediation, the Registrar shall, in consultation with the parties, select for that purpose an accredited mediator from the mediation register established by the Mediation Accreditation Committee. Section 108(3) Mediation under this Rule shall be conducted in accordance with the Court of Appeal Mediation Rules. Section 108(4) A mediation settlement agreement between the parties as a result of the mediation process shall be recorded in writing and filed with the Court and adopted as an order of the Court. Section 108(5) No appeal shall lie against a mediation settlement agreement adopted as an order of the Court under subrule (4). - 76
CIVIL APPEALS - 76. Application of Part
AI-assisted research summary: This Part applies to appeals from superior courts exercising original and appellate jurisdiction in civil cases and related matters.
Section 76. Application of Part Section This Part shall apply to appeals from superior courts in exercise of the courts’ original and appellate jurisdiction in civil cases and related matters. - 77
CIVIL APPEALS - 77. Notice of appeal
AI-assisted research summary: A person who wants to appeal must give written notice in two copies to the registrar of the superior court; the notice must generally be lodged within fourteen days of the decision (subject to rules 84 and 97).
Section 77. Notice of appeal Section 77(1) A person who desires to appeal to the Court shall give notice in writing, which notice shall be lodged in two copies, with the registrar of the superior court. Section 77(2) Each notice under subrule (1) shall, subject to rules 84 and 97, be lodged within fourteen days after the date of the decision against the decision for which appeal is lodged. Section 77(3)(a) specify the part complained of; Section 77(3)(b) the address for service of the appellant; and Section 77(3)(c) the names and addresses of the persons intended to be served with copies of the notice. Section 77(4) When an appeal lies only with leave or on a certificate that a point of law of general public importance is involved, it shall not be necessary to obtain such leave or certificate before lodging the notice of appeal. Section 77(5) Where it is intended to appeal against a decree or order, it shall not be necessary that the decree or order be extracted before lodging the notice of appeal. Section 77(6) A notice of appeal shall be substantially in Form D as set out in the First Schedule and signed by or on behalf of the appellant. - 78
CIVIL APPEALS - 78. Transmission of notice of appeal
AI-assisted research summary: When a notice of appeal under rule 77 is received, the registrar of the court must send one copy of the notice to the appropriate registry.
Section 78. Transmission of notice of appeal Section On receipt of a notice of appeal under rule 77, the registrar of the court shall send one copy of the notice to the appropriate registry. - 79
CIVIL APPEALS - 79. Service of notice of appeal on persons affected
AI-assisted research summary: An intended appellant must serve copies of the notice of appeal on all persons directly affected before or within seven days after lodging the notice.
Section 79. Service of notice of appeal on persons affected Section 79(1) An intended appellant shall, before or within seven days after lodging notice of appeal under rule 77, serve copies of the notice on all persons directly affected by the appeal: Provided that the Court may, on application which may be made ex parte, within seven days after the lodging of the notice of appeal, direct that service need not be effected on any person who did not take part in the proceedings in the superior court. Section 79(2) Where any person who is required to be served with a copy of a notice of appeal gave any address for service in or in connection with the proceedings in the superior court, and has not subsequently given any other address for service, the copy of the notice of appeal may be served on that person at that address, notwithstanding that it may be that of an advocate who has not been retained for the purpose of an appeal. - 80
CIVIL APPEALS - 80. Death of respondent before service of notice
AI-assisted research summary: A notice of appeal is not invalid merely because the required recipient was dead when the notice was lodged, but a copy must be served as soon as practicable on the deceased person's legal representative.
Section 80. Death of respondent before service of notice Section A notice of appeal shall not be incompetent by reason only that the person on whom it is required to be served was dead at the time when the notice was lodged but a copy of the notice shall be served as soon as practicable on the legal representative of the deceased person. - 81
CIVIL APPEALS - 81. Respondent to give address for service
AI-assisted research summary: Respondent must give an address for service: within 14 days lodge and serve a notice of address for service on the intended appellant, and within a further 14 days serve a copy on every other person named in the notice of appeal; the notice must be substantially in Form E and signed by or on behalf of the person lodging it.
Section 81. Respondent to give address for service Section 81(1)(a) within fourteen days after service, lodge in the appropriate registry and serve on the intended appellant a notice of a full and sufficient address for service; and Section 81(1)(b) within a further fourteen days after service, serve a copy of such notice of address for service on every other person named in the notice of appeal as a person intended to be served. Section 81(2) A notice of address for service shall be substantially in Form E as set out in the First Schedule and signed by or on behalf of the person lodging it. Section 81(3) The lodging and service of an address for service shall not operate or be construed as an admission that the appeal is competent or as a waiver of any irregularity. - 82
CIVIL APPEALS - 82. Separate notices of appeal from same decision
AI-assisted research summary: If multiple parties lodge appeals from the same decision, the second and later notices are treated as notices of address for service and those parties become respondents; a party whose notice is so treated need not comply with rule 79 if they have already served copies of that notice of appeal on all required persons.
Section 82. Separate notices of appeal from same decision Section 82(1) Where two or more parties have given notice of appeal from the same decision, the second and all subsequent notices to be lodged shall be deemed to be notices of address for service within the meaning of rule 79 and the party or parties giving those notices shall be respondents in the appeal. Section 82(2) A party whose notice of appeal is deemed to be a notice of address for service shall not be required to comply with rule 79 if that party has served copies of that notice of appeal on all persons on whom under that role he or she would have been required to serve notice of his or her address for service. - 83
CIVIL APPEALS - 83. Withdrawal of appeal and notice of cross-appeal
AI-assisted research summary: A party who has lodged an appeal may withdraw it by written notice to all parties served; the withdrawing party must bear the costs; and where a withdrawal is lodged the Registrar shall mark the appeal as withdrawn.
Section 83. Withdrawal of appeal and notice of cross-appeal Section 83(1) A party who has lodged a notice of appeal may withdraw the notice of appeal by notice in writing to all the parties who have been served. Section 83(2) The costs of the withdrawal under subrule (1) shall be borne by the party withdrawing the notice of appeal. Section 83(3) Where a notice of withdrawal has been lodged under sub- rule (1), the Registrar shall mark the appeal as withdrawn. - 84
CIVIL APPEALS - 84. Institution of appeals
AI-assisted research summary: An appellant must file specified documents in four copies, pay the prescribed fee and provide security for costs; an appellant may not rely on a proviso unless a written, served application exists.
Section 84. Institution of appeals Section 84(1)(a) a memorandum of appeal, in four copies; Section 84(1)(b) the record of appeal, in four copies; Section 84(1)(c) the prescribed fee; and Section 84(1)(d) security for the costs of the appeal: Section 84(2) An appellant shall not be entitled to rely on the proviso to subrule (1) unless the appellant’s application for such copy was in writing and a copy of the application was served upon the respondent. Section 84(3) The period specified in subrule (1) for the institution of appeals shall apply to appeals from superior courts in the exercise of their bankruptcy jurisdiction. - 85
CIVIL APPEALS - 85. Effect of default in instituting appeal
AI-assisted research summary: If a party who has lodged a notice of appeal does not start the appeal within the appointed time, that party is treated as having withdrawn the notice; the Court may make an order on its own motion or on application of another party; the defaulting party must pay costs to persons served with the notice.
Section 85. Effect of default in instituting appeal Section 85(1) If a party who has lodged a notice of appeal fails to institute an appeal within the appointed time, that party shall be deemed to have withdrawn the notice of appeal and the Court may, on its own motion or on application by any other party, make such order. Section 85(2) The party in default under subrule (1) shall be liable to pay the costs arising therefrom of any persons on whom the notice of appeal was served. - 86
CIVIL APPEALS - 86. Application to strike out notice of appeal or appeal
AI-assisted research summary: Section 86. Application to strike out notice of appeal or appeal Section that no appeal lies; or
Section 86. Application to strike out notice of appeal or appeal Section that no appeal lies; or - 87
CIVIL APPEALS - 87. Death of party to intended appeal
AI-assisted research summary: The Court must, on the application of any interested person, make the deceased person's legal representative a party in place of the deceased.
Section 87. Death of party to intended appeal Section 87(1) An appeal shall not be instituted in the name of a person who is dead but may be instituted in the name of the deceased person’s legal representative. Section 87(2) An appeal shall not be incompetent by reason only that the respondent was dead at the time when it was instituted but the Court shall, on the application of any interested person, cause the legal representative of the deceased to be made a party in place of the deceased person. Section 87(3) An application for substitution of a deceased party under subrule (2) may be made before a single judge. - 88
CIVIL APPEALS - 88. Contents of memorandum of appeal
AI-assisted research summary: A memorandum of appeal must be signed by or on behalf of the appellant.
Section 88. Contents of memorandum of appeal Section 88(1)(a) the points which are alleged to have been wrongly decided; and Section 88(1)(b) the nature of the order which it is proposed to ask the Court to make. Section 88(2) The grounds of objection shall be numbered consecutively. Section 88(3) A memorandum of appeal shall be substantially in Form F as set out in the First Schedule and signed by or on behalf of the appellant. - 89
CIVIL APPEALS - 89. Contents of record of appeal
AI-assisted research summary: Lists what documents must be included in the record of appeal; allows a superior court judge or registrar to direct exclusions on application; sets ordering and certification requirements for copies of the record.
Section 89. Contents of record of appeal Section 89(1)(a) an index of the documents in the record with the numbers of the pages at which they appear; Section 89(1)(b) a statement showing the address for service of the appellant and the address for service furnished by the respondent and, as regards any respondent who has not furnished an address for service as required by rule 79, that respondent’s last known address and proof of service on him or her of the notice of appeal; Section 89(1)(c) the pleadings; Section 89(1)(d) the trial judge's notes of the hearing; Section 89(1)(e) the transcript of any shorthand notes taken at the trial; Section 89(1)(f) the affidavits read and documents put in evidence at the hearing or, if such documents are not in the English language, certified translations thereof; Section 89(1)(g) the judgment or order; Section 89(1)(h) the certified decree or order; Section 89(1)(i) the order, if any, giving leave to appeal; Section 89(1)(j) the notice of appeal; and Section 89(1)(k) such other documents, if any, as may be necessary for the proper determination of the appeal, including any interlocutory proceedings which may be directly relevant: Section 89(2)(a) the order, if any, giving leave to appeal; Section 89(2)(b) the memorandum of appeal; Section 89(2)(c) the record of proceedings; and Section 89(2)(d) the certified decree or order. Section 89(3) A judge or registrar of the superior court may, on the application of any party, direct which documents or parts of documents should be excluded from the record and an application for such direction may be made informally. Section 89(4) The documents specified in subrule (1) shall be bound in the order in which they are set out and documents produced in evidence shall be put in order of the dates they bear or, where they are undated, the dates when they are believed to have been made, without regard to the order in which they were produced in evidence: Provided that an affidavit filed in support of a chamber summons or notice of motion shall be bound immediately following the summons or notice, as the case may be. Section 89(5) Each copy of the record of appeal shall be certified to be correct by the appellant or by any person entitled under rule 22 to appear on the appellant’s behalf. - 90
CIVIL APPEALS - 90. Where documents are omitted from the record of appeal
AI-assisted research summary: If a document referred to in rule 89(1) or (2) is omitted from the record of appeal, the appellant may include it in a supplementary record of appeal within fifteen days after lodging the record, without leave, and later with leave of the deputy registrar on application.
Section 90. Where documents are omitted from the record of appeal Section Where a document referred to in rule 89 (1) and (2) is omitted from the record of appeal, the appellant may, within fifteen days after lodging the record of appeal, without leave, include the document in a supplementary record of appeal filed under rule 94 (3) and, thereafter, with leave of the deputy registrar on application. - 91
CIVIL APPEALS - 91. Contents of decrees and orders for purposes of appeal
AI-assisted research summary: For appeals to the Court, a decree or order need not state the amount of costs; it suffices that the decree or order sets out the order(s) for costs but not the result of any taxation of costs. Where leave to appeal or a certificate about a point of law was given or refused by the superior court immediately after the decision, the decree or order must state that the leave or certificate was given or refused.
Section 91. Contents of decrees and orders for purposes of appeal Section 91(1) For the purposes of an appeal to the Court against any decree or order, it shall not be necessary for the amount of any costs ordered to be paid to be stated therein, and such decree or order shall be deemed to be duly drawn up and extracted if, in addition to other matters required to be embodied therein, it sets out the order or orders for costs but not the result of any taxation of costs. Section 91(2) Where leave to appeal, or for a certificate that a point of law of general public importance is involved, has been given or refused by the superior court immediately following the delivery of the decision against which it is desired to appeal, a statement that leave or a certificate has been given or refused shall be included in the decree or order. - 92
CIVIL APPEALS - 92. Service of memorandum and record of appeal
AI-assisted research summary: The appellant must serve copies of the memorandum of appeal and the record of appeal on specified parties: (1) on each respondent who complied with rule 81 before or within seven days after lodging them in the appropriate registry; and (2) also on other parties as the Court may direct and within the time it appoints.
Section 92. Service of memorandum and record of appeal Section 92(1) The appellant shall, before or within seven days after lodging the memorandum of appeal and the record of appeal in the appropriate registry, serve copies thereof on each respondent who has complied with the requirements of rule 81. Section 92(2) The appellant shall, in addition to the service under subrule (1), serve copies of the memorandum of appeal and the record of appeal on such other parties to the original proceedings as the Court may, at any time on application or of its own motion, direct and within such time as the Court may appoint. - 93
CIVIL APPEALS - 93. Notification and transmission of appeals to Registrar
AI-assisted research summary: Deputy registrar must notify the Registrar of parties and advocates and the date of institution, obtain and send specified records and copies, avoid sending large or inconvenient exhibits unless requested, and ensure unsent exhibits are available for inspection; the Registrar must obtain the original superior court record when an appeal is instituted.
Section 93. Notification and transmission of appeals to Registrar Section 93(1)(a) the deputy registrar shall inform the Registrar of the names of the appellant, the respondent and the parties’ respective advocates, and the date when the appeal was instituted; Section 93(1)(b) as soon as practicable thereafter, the deputy registrar shall obtain from the registrar of the superior court the original record of the proceedings of the superior court and exhibits, three copies of the memorandum of appeal, and four copies of the record of appeal, and send them to the Registrar: Provided that the deputy registrar shall not, unless requested to do so, send to the Registrar any exhibits which, because of their size or nature, cannot conveniently be so sent; and Section 93(1)(c) the deputy registrar shall ensure so far as practicable that all exhibits not so sent to the Registrar are available for inspection by the Court at the hearing of the appeal. Section 93(2) When an appeal has been instituted in the Registry, the Registrar shall obtain from the register of the superior court the original record of the proceedings of the superior court, and so far as is practicable, the exhibits. - 94
CIVIL APPEALS - 94. Preparation and service of supplementary record
AI-assisted research summary: Respondents may lodge a supplementary record of appeal; after lodging they must serve copies on the appellant and qualifying other respondents. Appellants may also lodge and thereafter serve copies on qualifying respondents. A supplementary record must be prepared similarly to a record of appeal.
Section 94. Preparation and service of supplementary record Section 94(1) If a respondent is of the opinion that the record of appeal is defective or insufficient for the purposes of the respondent’s case, he or she may lodge in the appropriate registry four copies of a supplementary record of appeal containing copies of any further documents or any additional parts of documents which are, in his or her opinion, required for the proper determination of the appeal. Section 94(2) The respondent shall, as soon as practicable after lodging a supplementary record of appeal, serve copies of it on the appellant and each other respondent who has complied with the requirements of rule 81. Section 94(3) An appellant may, at any time, lodge in the appropriate registry four copies of a supplementary record of appeal and, as soon as practicable thereafter, serve copies of it on every respondent who has complied with requirements of rule 81. Section 94(4) A supplementary record of appeal shall be prepared as nearly as may be in the same manner as a record of appeal. - 95
CIVIL APPEALS - 95. Notice of cross- appeal
AI-assisted research summary: A respondent who wishes to contend that the superior court's decision should be varied or reversed must give notice specifying grounds and proposed order; the notice must state names and addresses of persons to be served and be lodged in four copies within specified time limits; the notice must be substantially in Form G and signed.
Section 95. Notice of cross- appeal Section 95(1) A respondent who desires to contend at the hearing of the appeal that the decision of the superior court or any part thereof should be varied or reversed, in any event or in the event of the appeal being allowed in whole or in part, shall give notice to that effect, specifying the grounds of the contention and nature of the order which he or she proposes to ask the Court to make, or to make in that event, as the case may be. Section 95(2) A notice under subrule (1) shall state the names and addresses of the persons intended to be served with copies of the notice and lodged in four copies in the appropriate registry not more than thirty days after service on the respondent of the memorandum of appeal and record of appeal, or not less than thirty days before the hearing of the appeal, whichever is the later. Section 95(3) A notice of cross-appeal shall be substantially in Form G as set out in the First Schedule and signed by or on behalf of the respondent. - 96
CIVIL APPEALS - 96. Notice of grounds for affirming, varying or reversing decision
AI-assisted research summary: Respondents must give notice specifying grounds if they wish to argue on appeal that a superior court’s decision should be affirmed on additional grounds; the notice must name persons to be served and be lodged in four copies within specified time limits; the notice must be in Form H and signed; cross-appeal procedures may be used instead and appellants opposing cross-appeal are subject to the same notice rules.
Section 96. Notice of grounds for affirming, varying or reversing decision Section 96(1) A respondent who desires to contend on an appeal that the decision of the superior court should be affirmed on grounds other than or additional to those relied upon by that court shall give notice to that effect, specifying the grounds of the respondent’s contention. Section 96(2) A notice under subrule (1) shall state the names and addresses of the persons intended to be served with copies of the notice and lodged in four copies in the appropriate registry not more than thirty days after service on the respondent of the memorandum of appeal and record of appeal, or not less than thirty days before the hearing of the appeal, whichever is the later. Section 96(3) A notice of grounds for affirming a decision shall be substantially in Form H as set out in the First Schedule and signed by or on behalf of the respondent. Section 96(4) A respondent who desires to contend at the hearing of the appeal that part of the decision of the superior court should be varied or reversed, and that part of that decision should be affirmed on grounds other than or additional to those relied upon by that court, may include both such contentions in a notice of cross-appeal under rule 93 and shall not be required to give notice also under this rule. Section 96(5) The provisions of sub-rules (1), (2) and (3) and rule 97 shall apply mutatis mutandis to an appellant who desires to contend, in opposition to a cross-appeal, that the decision of the superior court should be affirmed on grounds other than or additional to those relied on by that court. - 97
CIVIL APPEALS - 97. Service of notice of cross-appeal or notice of grounds for affirming decision
AI-assisted research summary: Serve a copy thereof on the appellant;
Section 97. Service of notice of cross-appeal or notice of grounds for affirming decision Section serve a copy thereof on the appellant; - 98
CIVIL APPEALS - 98. Withdrawal of appeal
AI-assisted research summary: An appellant may withdraw an appeal by lodging a written notice before hearing; if they do so they must serve copies on respondents within seven days; with consent the appellant must file a signed consent letter and the Registrar will strike the appeal out; if not all parties consent the appellant may apply for leave to withdraw before a single judge.
Section 98. Withdrawal of appeal Section 98(1) An appellant may, at any time after instituting an appeal and before the appeal is called on for hearing, lodge in the appropriate registry notice in writing of the intention to withdraw the appeal. Section 98(2) The appellant shall within seven days after lodging the notice under subrule (1), serve copies thereof on each respondent who has complied with the requirements of rule 81. Section 98(3) If all the parties to the appeal consent to the withdrawal of the appeal, the appellant shall file, in the appropriate registry, a consent letter signed by the parties or their advocates and thereupon the appeal shall be struck out of the list of pending appeals by the Registrar. Section 98(4) If all the parties to the appeal do not consent to the withdrawal of the appeal, the appellant may, before the conclusion of its hearing, apply for leave to withdraw the appeal before a single judge. Section 98(5) An application for withdrawal of the appeal under subrule (4) may be made informally in court on the date of the hearing. - 99
CIVIL APPEALS - 99. Settlement of appeals
AI-assisted research summary: An appeal may, with the approval of the Court, be marked as settled on terms the parties agree, and the agreed terms shall be adopted as an order of the Court, after which the appeal is marked as settled.
Section 99. Settlement of appeals Section An appeal may, with the approval of the Court, be marked as settled on such terms as the parties may agree, in which event the agreed terms of settlement shall be adopted as an order of the Court, and the appeal shall be marked as settled.
Part V
FEES AND COSTS
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FEES AND COSTS - 109. Fees payable
AI-assisted research summary: No fees are payable on appeals from a superior court exercising original jurisdiction in a criminal case, on applications connected to such appeals, or for supplying a copy of the record of appeal to any party to such an appeal.
Section 109. Fees payable Section no fees shall be payable upon any appeal from a superior court in exercise of its original jurisdiction in a criminal case, or on any application in connection with any such appeal, or for the supply of the copy of the record of appeal to any party to any such appeal; - 110
FEES AND COSTS - 110. Time of payment of fees
AI-assisted research summary: The fee payable on lodging any document shall be payable at the time when the document is lodged.
Section 110. Time of payment of fees Section 110(1) The fee payable on lodging any document shall be payable at the time when the document is lodged. Section 110(2) The Registrar or registrar of a superior court may require the payment in advance of the fee for any other service or, where the amount of the fee cannot conveniently be ascertained when the service is requested, may require a deposit towards it and any fee so paid in advance or deposit made shall be refunded if the request for the service is cancelled before the service has been undertaken. - 111
FEES AND COSTS - 111. Security for costs in civil appeals
AI-assisted research summary: The provision sets security-for-costs rules for civil appeals, including specified sums, and allows the Court to direct further security and the Registrar to pay out lodged security under specified conditions.
Section 111. Security for costs in civil appeals Section 111(1) Subject to rule 114, there shall be lodged in Court on the institution of a civil appeal as security for the costs of the appeal the sum of six thousand shillings. Section 111(2)(a) direct the cross-appellant to lodge in Court as a security for costs the sum of two thousand shillings or any specified sum less than two thousand shillings; or Section 111(2)(b) direct that the cross-appeal be heard without security for costs being lodged. Section 111(3) The Court may, at any time if it thinks fit, direct that further security for costs be given and that security be given for the payment of past costs relating to the matters in question in the appeal. Section 111(4) Where security for costs has been lodged, the Registrar may pay out the security by consent of the parties or in conformity with the decision of the Court and having regard to the rights of the parties thereunder. - 112
FEES AND COSTS - 112. Court adjournment fees and costs
AI-assisted research summary: The Court may grant adjournments for good reason and can order the party responsible for an adjournment to pay adjournment fees; the party seeking (or at whose instance) an adjournment may be ordered to pay costs to the other party.
Section 112. Court adjournment fees and costs Section 112(1) Where an application for adjournment is sought, the Court may, for good reason, grant the adjournment and order the party responsible for occasioning the adjournment to pay court adjournment fees or such other fees as the Court may direct. Section 112(2) The party seeking adjournment or at whose instance the adjournment has been granted may be ordered to pay costs to the other party as the Court may deem just. - 113
FEES AND COSTS - 113. Assessment or taxation of costs
AI-assisted research summary: The Court may assess costs itself or direct that they be taxed; decisions that do not assess amounts operate as directions to tax costs.
Section 113. Assessment or taxation of costs Section 113(1) When making any decision as to the payment of costs, the Court may assess the same or direct them to be taxed and any decision as to the payment of costs, not being a decision whereby the amount of the costs is assessed, shall operate as a direction that the costs be taxed. Section 113(2) For the purpose of execution in respect of costs, the decision of the Court directing taxation and the certificate of the taxing officer as to the result of such taxation shall together be deemed to be a decree. - 114
FEES AND COSTS - 114. Costs improperly incurred
AI-assisted research summary: If the Court finds costs were improperly incurred or rendered fruitless by delay or advocate misconduct, the Court may require the advocate to show cause and may order the advocate to bear those costs.
Section 114. Costs improperly incurred Section If it shall appear to the Court that costs have been incurred improperly or without reasonable cause, or that by reason of any undue delay in proceeding under any judgment or order, or of any misconduct or default of the advocate, any costs properly incurred have nevertheless proved fruitless to the person incurring the same, the Court may call on the advocate by whom such costs have been so incurred to show cause why such costs should not be borne by the advocate personally, and thereupon may make such order as the justice of the case may require. - 115
FEES AND COSTS - 115. Improper agreements for remuneration
AI-assisted research summary: Any agreement making an advocate's pay depend on the outcome of court proceedings is void.
Section 115. Improper agreements for remuneration Section Any agreement whereby the remuneration of an advocate or the amount thereof is dependent upon the result of any proceedings in the Court shall be void. - 116
FEES AND COSTS - 116. Taxation
AI-assisted research summary: The Registrar is required to act as a taxing officer and has the power to tax costs arising from applications or appeals between party and party.
Section 116. Taxation Section 116(1) The Registrar shall be a taxing officer with power to tax the costs arising out of any application or appeal to the Court as between party and party. Section 116(2) The costs contemplated under subrule (1) shall be taxed in accordance with the Third Schedule. Section 116(3) The remuneration of an advocate by the advocate’s clients in respect of application or appeal shall be governed by the rules of, and scales for, proceedings in the High Court. - 117
FEES AND COSTS - 117. Reference on taxation
AI-assisted research summary: Gives dissatisfied persons the right to require questions of law or principle (and, in specified cases, bills of costs) to be referred to a judge; the judge must decide and may alter taxed bills; applications may be made to the Registrar informally or in writing within seven days; dissatisfied parties may apply to the Court; the President may issue practice directions and set court fees.
Section 117. Reference on taxation Section 117(1) A person who is dissatisfied with a decision of the Registrar in his or her capacity as taxing officer may require any matter of law or principle to be referred to a judge for the judge’s decision and the judge shall determine the matter as the justice of the case may require. Section 117(2) For the purpose of sub rule (1), any decision extending or refusing to extend time for the lodging of a bill of costs or any exercise by the Registrar of the over-riding discretion given the Registrar by paragraph 12 of the Third Schedule shall be deemed to involve a matter of principle. Section 117(3) A person who contends that a bill of costs as taxed is, in all the circumstances, manifestly excessive or manifestly inadequate, may require the bill to be referred to a judge and the judge shall have power to make such deduction or addition as will render the bill reasonable and except as provided in this subrule, there shall be no reference on a question of quantum only. Section 117(4) An application for a reference may be made to the Registrar informally at the time of taxation or in writing within seven days thereafter. Section 117(5) A reference to a judge may be adjourned for the consideration of the Court. Section 117(6) Any person dissatisfied by the decision of a judge given under subrule (1) or subrule (3) may apply to the Court to vary, discharge or reverse the same and such application, may be made either informally to the judge at the time of the decision or by writing to the Registrar within seven days after the time. Section 117(7) The President may issue practice directions as to the manner in which appeals and references shall be made under this section and the court fees, if any, that shall be paid. - 118
FEES AND COSTS - 118. Waiver of fees in criminal appeals
AI-assisted research summary: A judge may order that some or all appeal fees be waived if the appeal raises questions of law and the appellant is too poor to pay; judges may rely on a Registrar's report and may extend appeal time when making such an order.
Section 118. Waiver of fees in criminal appeals Section 118(1)(a) that the appeal raises one or more questions of law proper for determination by the Court; and Section 118(1)(b) that the appellant ought not, by reason of poverty, to be required to pay the whole of the fees ordinarily payable, including the fees for preparing the record of appeal, the judge may, by order, direct that the whole or any part of such fees be waived. Section 118(2) An application under subrule (1) may be made informally at any time but not later than seven days after the appellant has been informed of the amount which, in the absence of an order, he or she would be required to pay as fees or to deposit in respect thereof: Provided that a judge of a superior court may entertain any such application out of time if it appears that there was sufficient cause for the delay in making the application. Section 118(3) No fee shall be payable on the lodging of an application under subrule (1). Section 118(4) A judge of a superior court considering the means of an applicant may rely on a report made to the judge by the Registrar. Section 118(5) A judge of a superior court, making an order under subrule (1) may, at the same time and without formal application, order the extension of the time for giving notice of appeal or for lodging the memorandum of appeal. Section 118(6) An order allowing or dismissing an application under subrule (1) shall be final: Provided that the decision by the judge of the superior court that an appeal raises or does not raise a question of law proper for determination by the Court shall be conclusive of that question only in relation to the application. - 119
FEES AND COSTS - 119. Refund of fees paid in criminal appeals
AI-assisted research summary: The Court may order the refund to the appellant of fees paid under these Rules when an appeal is allowed from a superior court exercising appellate criminal jurisdiction and for sufficient reason.
Section 119. Refund of fees paid in criminal appeals Section Where an appeal is allowed from a superior court in exercise of its appellate criminal jurisdiction, the Court may, for sufficient reason, order the refund to the appellant of the fees paid by him or her under these Rules or any part thereof. - 120
FEES AND COSTS - 120. Relief from fees and security in civil appeals
AI-assisted research summary: The Registrar is entitled to be heard on applications under this section and has power to enforce undertakings given under subrule (1).
Section 120. Relief from fees and security in civil appeals Section 120(1)(a) without prior payment of fees of Court, or on payment of any specified amount less than the required fees; or Section 120(1)(b) without security for costs being lodged, or on lodging of any specified sum less than the amount fixed by rule 109, and may order that the record of appeal be prepared by the registrar of the superior court without payment therefor or on payment of any specified sum less than the fee set out in the Second Schedule conditionally on the intended appellant undertaking to pay the fees or the balance of the fees out of any money or properly the appellant may recover in or consequence of the appeal. Section 120(2) The Registrar shall be entitled to be heard on any such application. Section 120(3) No fee shall be payable on the lodging of any such application. Section 120(4) The Registrar shall have power to take such action as he or she may think necessary to enforce any undertaking given in accordance with subrule (1).
Part VI
USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
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USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY - 121. Use of information and communications technology
AI-assisted research summary: Section 121 lists permitted uses of information and communications technology in court processes and says the President may issue Practice Directions on integrating ICT into court processes.
Section 121. Use of information and communications technology Section 121(1)(a) electronic filing; Section 121(1)(b) electronic service; Section 121(1)(c) electronic exchange of documents; Section 121(1)(d) electronic cause lists; Section 121(1)(e) electronic case management; Section 121(1)(f) electronic empanelling; Section 121(1)(g) electronic recording of proceedings; Section 121(1)(h) hearing of appeals and applications via audio visual and any other approved technologies; Section 121(1)(i) use of approved information and communications technology in court rooms; Section 121(1)(j) delivery of judgments and rulings through audio visual or other approved technologies; and Section 121(1)(k) any other administrative and court processes. Section 121(2) The President may issue Practice Directions on the integration of information and communications technology in court processes.
Part VII
REVOCATION AND TRANSITIONAL PROVISIONS
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REVOCATION AND TRANSITIONAL PROVISIONS - 122. Revocation
AI-assisted research summary: The Court of Appeal Rules, 2010 (L.N. 152/2010) are revoked.
Section 122. Revocation Section The Court of Appeal Rules, 2010 (L.N. 152/2010) are revoked. - 123
REVOCATION AND TRANSITIONAL PROVISIONS - 123. Transitional provisions
AI-assisted research summary: Where it is impracticable in proceedings to apply the provisions of these Rules, the practice and procedure previously in use shall be followed.
Section 123. Transitional provisions Section if and so far as it is impracticable in any such proceedings to apply the provisions of these Rules, the practice and procedure heretofore obtaining shall be followed; and
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