SUPREME COURT RULES, 1996 (C.I 16) (As amended by C.I 24, 1999)

SUPREME COURT RULES, 1996 (C.I 16) (As amended by C.I 24, 1999)

RULES MADE: 11th September, 1996.

DATE OF GAZETTE NOTIFICATION: 27th September, 1996.

IN exercise of the powers conferred on the Rules of Court Committee by clause (4) of article 33, clause (3) of article 64 and clause (2) of article 157 of the Constitution,

PART I

GENERAL PROVISIONS

Rule 1 – Session of the Court.

The sessions of the Supreme Court referred to in these Rules as “the Court” shall be held during term and at such other times as the Chief Justice may direct.

Rule 2 – Notice of Cause Lists.

(1) The Registrar shall, at least fourteen days before the beginning of each term, publish within the precincts of the Court and in the Gazette, the long list which shall show the criminal and civil appeals in respect of which preliminary matters for hearing have been completed.

(2) The publication shall be notice to all parties of the listing before the Court during  the term of any cause or matter mentioned in the list.

(3) The Registrar shall during each term publish, within the precincts of the Court  and  of  the  High  Court  of  Justice  in  each  Region,  at  least  fourteen  days  before  hearing, short lists which shall show the criminal and civil appeals or matters which  are to be heard by the Court.

(4) The Registrar shall deliver notices  of appeals referred to  in subrule (3) to the  parties affected or their counsel who shall serve the parties by themselves or their  duly authorised agents if service by an officer of the Court is likely to be difficult or  unduly delayed.

(5) Notwithstanding subrules (1) to (4) of this rule the Court may hear any criminal  or civil appeal  which has  not  been  included in the cause  list  as published,  but in  respect of which notice of hearing has been served on the parties or their counsel.

(6) Notice of hearing by the Court of any cause or matter, other than an appeal shall  be by publication within the precincts of the Court and by service of notice on the  parties or their counsel.

Rule 3 – Right of Audience.

A person who is a party to any cause or a matter before the Court may appear in  person or may be represented by counsel of his choice.

Rule 4 – Register of Causes or Matters.

The  Registrar  shall  keep  a  separate  register  of  the  various  causes  or  matters  brought before the Court under the following headings—

(a) appellate jurisdiction of the Court—

(i) appeals as of right lodged under clause (3) of article 33 of the Constitution;

(ii) appeals in any civil cause or matter lodged under clause (1) of article 131 of the  Constitution;

(iii) appeals in any criminal cause or matter lodged under clause (1) of article 131 of  the Constitution;

(iv) appeals brought from the National House of Chiefs under clause (4) of article  131 of the Constitution;

(b) original jurisdiction of the Court—

(i) in matters relating to the challenge of election of the President under clause (1)  of article 64 of the Constitution;

(ii) in matters relating to the enforcement or interpretation of any provisions of the  Constitution under article 2 and clause (1) of article 130 of the Constitution;

(iii) in matters referred to the Court under clause (3) of article 121 and of clauses (1)  and (2) of article 135 of the Constitution; and

(c) any other jurisdiction.

Rule 5 – Matters not expressly provided for.

Where no provision is expressly made by these Rules regarding the practice and procedure which shall apply to any cause or matter before the Court, the Court shall prescribe such practice and procedure as in the opinion of the Court the justice of the cause or matter may require.

PART II

CIVIL APPEALS 

Rule 6 – Notice of Grounds of Appeal.

(1) Any appeal to the Court in a civil cause or matter shall be brought by notice of  appeal in the Form 1 set out in Part I of the Schedule to these Rules and shall be  filed with the registrar of the court below.

(2) A notice of civil appeal shall set forth the grounds of appeal and shall state—

(a) the address for service of the appellant;

(b) whether the  whole  or part of the decision of the court below  is complained  of  and in the latter case the part complained of;

(c) the nature of the relief sought;

(d) the name and address of counsel for the appellant, if any, which address shall  be an address for service;

(e) the names and addresses of all parties affected by the appeal; and

(f) the particulars of any misdirection or error in law, if so alleged.

(3)  The  appellant  shall  provide  sufficient  number  of  copies  of  the  notice  of  the  appeal for the use of the Justices of the Court and for service on all parties directly  affected by the appeal.

(4)  The  grounds  of  appeal  shall  set  out  concisely  and  under  distinct  heads  the  grounds  upon  which  the  appellant  intends  to  rely  at  the  hearing  of  the  appeal,  without  any  argument  or  narrative  and  shall  be  numbered  seriatim;  and  where  a  ground  of  appeal  is  one  of  law  the  appellant  shall  indicate  the  stage  of  the  proceedings at which it was first raised.

(5)  No  ground  of  appeal  which  is  vague  or  general  in  terms  or  discloses  no  reasonable ground of appeal shall be permitted, except the general ground that the  judgment is against the weight of evidence; and any ground of appeal or any part of  it which is not permitted under this rule may be struck out by the Court on its own  motion or on application by the respondent.

(6)  The  appellant  shall  not,  without  the  leave  of  the  Court,  argue  or  be  heard  in  support of any ground of appeal that is not mentioned in the notice of appeal.

(7) Notwithstanding sub rules (1) to (6) of this rule the Court

(a) may grant an appellant leave to amend the ground of appeal upon such terms  as the Court may think fit; and

(b) shall not, in deciding the appeal, confine  itself to the grounds set forth by the  appellant or be precluded from resting its decision on a ground not set forth by the  appellant.

(8)  Where  the  Court  intends  to  rest  a  decision  on  a  ground  not  set  forth  by  the  appellant  in his notice  of appeal or on any matter not argued  before it, the Court  shall afford the parties reasonable opportunity to be heard on the ground or matter  without re-opening the whole appeal.

Rule 7 – Appeals by Leave.

(1) An application for leave to appeal under paragraph (b) of clause (1) of article  131 of the Constitution shall be by motion on notice in the Form 2 set out in Part I of  the Schedule to these Rules and shall be filed with the Registrar of the court below  within  fourteen  days  of  the  date  of  the  decision  against  which  leave  to  appeal  is  sought.

(2) An application for special leave to appeal under clause (2) of article 131 of the  Constitution  shall  be  by  motion  on  notice  in  the  Form  3  set  out  in  Part  I  of  the  Schedule to these Rules,  and shall  be filed  with the Registrar of the Court  within  fourteen days of the refusal of the court below to grant leave to appeal.

(3) Where leave to appeal is granted the appellant shall file a notice of appeal in  accordance with the provisions of these Rules.

(4) Notwithstanding sub-rules (1) to (3) of this rule an application for special leave to  appeal  under  clause  (2)  of  article  131  shall  be  entertained  by  the  Court  and  the  Court may grant leave on such terms as the Court may consider fit having regard to  the circumstances of the case.

Rule 8 – Time Limits.

(1)  Subject  to  the  provisions  of  any  other  enactment  governing  appeals,  a  civil  appeal shall be lodged within—

(a) twenty-one days, in the case of an appeal against an interlocutory decision; or

(b) three months, in the case of an appeal against a final decision unless the court below or the Court extends the period within which an appeal may be lodged.

(2) The periods specified in sub-rule (1) shall—

(a) in the case of an appeal as of right, be calculated from the date of the decision  appealed against; and

(b) in any other case, be calculated from the date on which leave is granted.

(3) A civil appeal is lodged on the date the notice of appeal is filed

(4)  An  application  for  the  extension  of  time  within  which  to  lodge  an  appeal  in  respect of a final decision  shall not be made after the expiration  of three months  from the end of the periods prescribed by this rule within which an appeal may  be  lodged.

(5) An application for the extension of time within which to lodge an appeal shall be supported by an affidavit stating—

(a) that leave has been granted where necessary, and the date of the leave;

(b) good and substantial reasons for the application; and

(c) grounds of appeal which, prima facie, show good cause that the appeal has a  reasonable chance of success.

(6) Subject to sub-rule (4) of this rule where a person has applied to the court below  for an extension of time within which to lodge a civil appeal and after a period of not  less than one month from the date of the application the court below—

(a) has not granted or has refused to grant the application; or

(b) has dismissed the application  the applicant may move the Court to have the application determined by the Court.

Rule 9 – Notice of Cross Appeal.

(1) A respondent who intends to cross appeal shall give notice of his intention to do so within fourteen days of service upon him of the notice of appeal.

(2) Rule 6 of these Rules shall, with such modification as may be necessary apply to a notice of a cross appeal.

Rule 10 – Service of Notice of Appeal.

(1) The Registrar of the court below shall, after a notice of appeal has been filed,  cause a copy of the notice to be served upon each of the parties mentioned in the  notice of appeal as directly affected by the appeal.

(2) The Court may direct notice to be served on any party to the original action or  other  proceedings  or  upon  any  person  not  a  party  to  the  original  action  or  other  proceedings, and may adjourn the hearing of the civil appeal upon such terms as  may be just, and make such orders as might have been made if the person served  with the notice had originally been a party to the appeal.

(3) Any person served with a copy of a notice of appeal under this rule may, within  seven days of the service, file a notice of appearance on his own or by counsel, and  shall, in the notice of appearance give particulars of his address and the address of  his counsel, if any, which shall be an address for service.

(4)  Notwithstanding  anything  to  the  contrary  contained  in  this  rule,  a  notice  of  appearance or any other document relating to a civil appeal which requires service  on any person may be filed with the Registrar of the court below for service.

(5) The copy for service of any notice or other document filed in accordance with  sub-rule  (4)  of  this  rule,  may  be  given  by  the  Registrar  of  the  court  below  to  the  party filing it or to his counsel who may serve it himself or cause it to be served by  his duly authorised agent, if service by an officer of the Court is likely to be difficult  or unduly delayed.

Rule 11 – Settling Record of Appeal.

(1) When a civil appeal is lodged with the Court, the Registrar of the Court shall—

(a) issue a summons in the Form 4 set out in Part I of the Schedule to these Rules  requesting the parties to appear before him within fourteen days of the service of  the notice to settle the documents to be included in the record of appeal; and

(b) settle and sign and in due course file a list of the documents, whether any of the  parties, attend to the summons or not.

(2) The Registrar of the court below and the parties to the action shall—

(a) endeavour to exclude from the record of appeal any document which is not relevant to the  subject matter of the appeal and generally reduce the bulk of the record of appeal as far as practicable; and

(b) take special care to avoid duplication of documents and unnecessary repetition  of   headings and other merely formal parts of documents, but any relevant document  copies of which are not included shall be enumerated in a list to be attached to the record.

(3) Where the Registrar of the court below or any party objects to the inclusion of a  document on the ground that it is unnecessary or irrelevant, and any party or the  other  party,  in  spite  of  the  objection  insists  upon  it  being  included,  the  document  shall  be  included  and  the  record  of  appeal  shall,  with  a  view  to  the  subsequent  adjustment  of  costs,  indicate  in  an  index  of  papers  or  otherwise  the  fact  of  the  objection and the party who objected to the inclusion of the document.

(4) The appellant shall, within one month of settling the record of appeal, deposit with the Registrar of the court below a sum fixed to cover the estimated expenses of making up and forwarding the record of appeal calculated at the full cost of one copy for the appellant and one quarter cost for each of the copies to be forwarded for the use of the Court.

Rule 12 – Security for Costs.

(1) At the time of settling the record of appeal the Registrar of the court below shall notify the appellant of the sum fixed by him to be deposited as security for which recognizance shall be given by bond in the Form 5 set out in Part I of the Schedule to these Rules, With one or more sureties as the Registrar may direct, for the due prosecution of the appeal or for the payment of any costs which may be ordered to be paid by the appellant.

(2)  The  security  for  costs  or  the  bond  shall  be  deposited  or  executed  within  one  month of the notification  but this period may  be  extended by the Registrar  of the  court below for reasons which seem to him sufficient.

(3)   The Court may, where necessary require security for costs or for the performance of the orders to be made on appeal, in addition to the sum determined under this rule.

Rule 13 – Exhibits.

(1) Subject to this rule, each party shall, before or at the time of settling the record of appeal, deliver to the Registrar of the court below any exhibit or thing in the case or which were tendered as exhibits and rejected, and all other relevant documents which were produced or put in by the party at the trial and which are in the party's custody or are under his control.

(2)  Where any party finds it difficult to comply with sub-rule (1) because of the nature of the document or exhibit or because it is in the possession of a third party or for any other sufficient reason, the party may apply to the Registrar of the court below for directions.

(3)  The  Registrar  of  the  court  below  may  either  of  his  own  motion  or  upon  application, give any direction he thinks fit, whether dispensing with the provisions  of this rule or modifying its application in any way or for securing compliance with it.

(4) Exhibits and other documents or things delivered to the court below pursuant to  this rule shall remain in the custody of the court below until the record of appeal has  been  prepared,  and  shall  then  be  forwarded  with  the  record  of  appeal  to  the Registrar and shall remain in the custody of the Court until the final determination of  the appeal.

(5)  The Court or the Registrar may, subject to such conditions as it or he may impose, allow the  return of any exhibit or document to any party pending the hearing of the appeal.

Rule 14 – Transmission of Record.

(1) When the record of appeal is ready the Registrar of the court below shall cause notice to be served on parties to the appeal in the Form 6 set out in Part I of the Schedule to these Rules.

(2)  The  Registrar  of  the  court  below  shall  transmit  to  the  Registrar  the  record  of  appeal together with—

(a) a certificate of service, in the Form 7 set out in Part I of the Schedule to these  Rules, of the notice of appeal;

(b) a certificate, in the Form 8 set out in Part I of the Schedule to these Rules, that  the provisions of these Rules have been complied with; and

(c) the docket or file of the cause or matter in the court below containing all papers  or documents filed by the parties in connection with the cause or matter.

(3) The Registrar shall, on receipt of the record of appeal, enter the appeal in the appropriate register as required by these Rules.

Rule 15 – Stating Case.

(1) The appellant shall,—

(a) within three weeks of being notified that the record is ready; or

(b) within such time as the Court may upon such terms as it may determine, file with the Registrar a statement of his case based on the grounds of appeal as set out in  the notice of appeal.

(2) Where the appellant does not file the statement of his case in accordance with subrule (1), the Registrar shall certify the failure to the Court by a certificate as in  Form 8A in Part 1 of the Schedule and the Court may upon that order the appeal to be struck out. [As substituted by Supreme Court (Amendment) Rules, 1999 (C.I 24); also, Form 8A was inserted by paragraph (d) of C.I. 24].

(3)  The  Registrar  shall,  as  soon  as  practicable  after  the  filing  of  the  appellant's  statement  of  case,  cause  copies  of  the  statement  of  case  to  be  served  on  the  respondent and any other party to the appeal.

(4) A party upon whom an appellant's statement of case is served shall, if he wishes  to  contest  the  appeal  file  the  statement  of  his  case  in  answer  to  the  appellant's  statement  of  case  within  three  weeks  of  the  service,  or  within  such  time  as  the  Court may upon such terms as it may determine direct.

(5) The appellant may, within fourteen days of the service on him of the respondent's statement of case, file with the Registrar a reply to the respondent's  statement of case.

(6) The statement of case of each party to the appeal—

(a) shall set out the full case and arguments to be advanced by the party including  all  relevant  authorities  and  references  to  the  decided  cases  and  the  statute  law  upon which the party intends to rely; and

(b) in the case of a respondent may include a contention that the decision of the  court below be varied.

(7)  Notwithstanding  anything  to  the  contrary  contained  in  this  rule  counsel  may  agree to submit a joint statement of case for the determination of the appeal before  the Court.

(8) For the avoidance of doubt where there is more than one appeal, the statement of the case of each party shall be in respect of all the appeals concerned.

(9) Where a respondent does not file a statement of his case and does not agree jointly to state a case pursuant to this rule, he shall not be allowed to be heard at the hearing of the appeal except as to the question of costs.

(10) At any time after the publication of the short list containing the particulars of appeal, but not less than seven days before the hearing, each party or his counsel shall, submit to the Court a list of the decided cases and the statute law on which he intends to rely at the hearing and shall serve g copy of any such list on the other parties.

(11) Notwithstanding anything to the contrary contained in these Rules, any party to  a civil  appeal may  at any  time before judgment apply  to  the  Court to amend any  part of the statement of his case and the Court may having regard to the interest of  justice  and  to  a  proper  determination  of  the  issue  between  the  parties,  allow  the  amendment on such terms as it may consider fit.

Rule 16 – Control of Proceedings During Pendency of Appeal.

(1) After the transmission of the record of appeal from the court below to the Court, the Court shall be seized of the appeal and any application relating to the appeal shall subsequently be made to the Court.

(2) Any application filed in the court below after the transmission of the record of appeal shall be transmitted to the Court.

Rule 17 – Notice of Preliminary Objection to be Filed.

(1) Where a respondent has not indicated in his statement that he intends to rely  upon a preliminary objection at the hearing of a civil appeal he shall, before raising  such objection at the hearing, give fourteen clear days notice to the appellant in the  Form  9  set  out  in  Part  I  of  the  Schedule  to  these  Rules,  setting  out  in  full  the  grounds of objection and the arguments in support of his objection.

(2) The appellant shall, within seven days of the service of the notice on him, file any reply he may have to the grounds of objection and the arguments in support of the reply.

(3) Where a respondent or an appellant fails to comply with this rule the Court may refuse to entertain the objection or the reply or may adjourn the hearing and may make any other order as it considers fit.

Rule 18 – Withdrawal of Appeal.

(1) Subject to Rule 9 of these Rules where an appellant files with the Registrar a  notice of withdrawal of his appeal or of any part of it in the Form 10 set out in Part I  of  the  Schedule  to  these Rules,  his appeal shall be considered dismissed to the extent of the notice of withdrawal.

(2) Copies of the notice of the withdrawal shall be served on any of the parties with regard to whom the appellant wishes to withdrawn his appeal, and any party so served shall be precluded from claiming any costs incurred by him after the service unless otherwise ordered by the Court.

(3) A party served with a notice of withdrawal may on notice to the appellant, apply to the Taxing Officer for an order to recover such costs as he may necessarily or reasonably have incurred prior  to the service on him of the notice of withdrawal together with his Costs incurred for the  purposes  of  obtaining  the  order  and  for  attending the Court.

Rule 19 – Non-Compliance with Conditions of Appeal.

(1) Where an appellant has not fulfilled the conditions to be complied with by him in accordance with these Rules, the Registrar of the court below shall certify that fact to the Court, in the Form 11 set out in Part I of the Schedule to these Rules, and the Court may thereupon order that the appeal be dismissed with or without costs.

(2) An appellant whose appeal has been dismissed pursuant to this rule may apply  by motion on notice to have his appeal restored, and the Court may, for good and  sufficient  cause,  order  that  the  appeal  be  restored  upon  such  terms  as  it  may  consider fit.

(3) Notwithstanding sub-rules (1) and (2) of this rule, an appellant may apply to the  Court  for  an  extension  of  time  within  which  to  fulfil  the  conditions  to  be  complied  with  in  accordance  with  these  Rules  and  the  Court  may,  for  good  and  sufficient  cause shown,  grant an extension of time subject to such conditions  as the Court  may impose.

Rule 20 – Effect of Appeal.

(1) A civil appeal shall not operate as a stay of execution or of proceedings under the judgment or decision appealed against except in so far as the Court or the court below may otherwise order.

(2)  Subject  to  these  Rules  and  to  any  other  enactment  governing  appeals,  an  application for stay of execution or of proceedings shall first be made to the court  below  and  if  that  court  refuses  to  grant  the  application,  the  applicant  shall  be  entitled to repeat the application before the Court for determination.

Rule 21 – Determination of Doubts as to Finality of Judgment.

Whenever any doubt arises as to whether any judgment, order, decree or decision is final or interlocutory, the question shall be determined by the Court.

Rule 22—Interlocutory Judgment not to Prejudice Appeal.

An  interlocutory  judgment,  decree  or  order  from  which  there  has  been  no  appeal  shall not operate to bar or prejudice the Court from giving its own decision upon the  appeal as may seem just.

Rule 23 – General Powers of the Court.

(1)  The  Court  may,  after  considering  the  statement  of  the  case  of  each  of  the  parties to the appeal and any other papers or arguments filed by the parties, decide  to determine the appeal and give judgment in Court on a fixed date without further  argument or may appoint a date on which the parties shall appear before the Court  for the hearing of further arguments.

(2) Where the Court decides to hear oral arguments the appellant shall, unless the Court otherwise directs, first argue his case and the respondent shall, unless the Court otherwise directs be entitled to reply.

(3)  The Court may in hearing any civil appeal make any order necessary for determining the real issue or question in controversy between the parties.

Rule 24 – Non-Appearance of Appellant.

(1) Where an appellant fails to appear when his appeal is called for hearing, the Court may—

(a) proceed to hear the appeal and consider the case on the basis of the case stated by the appellant and allow or dismiss the appeal with or without costs; or

(b) strike out the appeal with or without costs.

(2)  Where  an  appeal  has  been  struck  out  owing  to  the  non-appearance  of  the  appellant the Court may, on the application of the appellant made within one month  of the striking out and for sufficient cause shown by the appellant, direct the appeal  to be re-listed for hearing, on such terms as it may consider just.

Rule 25 – Non-Appearance of Respondent.

(1) Where the respondent fails to appear when the appeal is called for hearing, the Court may proceed to hear the appeal.

(2) Where  an  appeal  has  been  heard  in  accordance  with  sub-rule  (1)  of  this  rule  and any judgment given is adverse to the respondent, he may within one month of  the delivery of the judgment apply to the Court to have the judgment set aside and  the appeal re-heard, on such terms as the Court may direct.

Rule 26 – Application to Re-List or Set Aside.

An application under rule 24 or 25 of these Rules shall be by motion on notice accompanied by an affidavit setting out the full reasons and grounds for the application.

Rule 27 – Cost in Civil Appeals.

(1) Where the costs of a civil appeal are allowed, they may either be determined by the Court at the time when the judgment is given or may be ordered to be taxed.

(2) There shall be a Taxing Officer who shall tax all costs according to a scale to be laid down by law.

(3)  A person aggrieved by an order, decision or ruling of the Taxing Officer may apply to a single  Justice of the Court to set aside or vary the order, decision  or  ruling and to make any other order as the Judge may think fit.

(4) An application made under sub-rule (3) shall be by motion on notice supported by an affidavit, and notice of the motion shall be served on the Taxing Officer and on all parties that have interest in the matter.

Rule 28 – Execution of Judgment by Court Below.

Where the Court directs any judgment or order to been forced by any other court, certificate in the Form 12 set out in Part I of the Schedule to these Rules under the seal of the Court and the hand of the presiding Justice setting out the judgment or order shall be transmitted by the Registrar to that other court, and the latter shall  enforce the judgment or order in the terms of the certificate.

Rule 29 – Appeals in Prerogative Orders and Writs.

The provisions of these Rules relating to civil appeals shall, with such modifications as the Court may determine, apply to an appeal brought to the Court under clause (3) of article 33 of the Constitution.

Rule 30 – Appeals in Chieftaincy Matters.

The provisions of these Rules relating to civil appeals shall, with such modifications as the Court may determine, apply to the hearing by the Court of an appeal from the National House of Chiefs brought to the Court under clause (4) of article 131 or clause (1) of article 273 of the Constitution.

PART III

CRIMINAL APPEALS 

Rule 31 – Time for and Manner of, Appealing in Criminal Cases.

(1) Where the Republic or any person desires to appeal to the Court in a criminal cause or matter he shall give notice of an application for leave to appeal within one month of the decision of the court below.

(2) The period within which notice of a criminal appeal or notice of an application for leave to appeal may be given may be extended at any time by the court below or by the Court on an application on notice.

(3) The notice of a criminal appeal or notice of an application for leave to appeal or notice of an application for extension of time within which such notice shall be given shall be filed with the court below.

(4) Where the court below refuses to grant an application for leave to appeal, the appellant may apply to the Court for special leave to appeal and the Registrar shall accordingly notify the court below of the application and of its results.

(5) A notice referred to in sub-rule (3) of this rule shall be in the Forms 13, 14, or 15 set out in Part II of the Schedule to these Rules.

Rule 32 – Notice of Criminal Appeal.

(1)  Except  as  otherwise  provided  in  sub-rule  (5)  of  this  rule,  every  notice  of  a  criminal  appeal,  or  notice  of  an  application  for  leave  to  appeal,  or  notice  of  an  application  for  extension  of  time  within  which  the  notice  shall  be  given,  shall  be  signed by the appellant or his counsel.

(2) Any notice or other document which is required or authorised to be given or sent  shall be considered to be duly given or sent at the time of posting if forwarded by  registered post addressed to the person to whom the notice or other document is  required or authorised to be given or sent.

(3) Where an appellant or any other person authorised or required to give notice of  a criminal appeal or notice of any application, is for any valid reason, unable to sign  or write, he may affix his mark and thumb-print on it in the presence of a witness  who shall attest it, and upon that, the notice shall be considered to be duly signed  by the appellant or that other person.

(4)  Where  it  has  been  contended  at  the  original  trial  that  a  person  was  not  responsible according to law for his actions on the ground that he was insane at the  time the act was done or the omission was made by him, any notice required to be  given and signed by the appellant himself may be given and signed by his counsel.

(5) Where the appellant is a body corporate any notice or other document required to be signed under these Rules shall be signed by a director, manager, trustee or counsel of that body corporate.

Rule 33 – Grounds of Appeal.

(1) The notice of criminal appeal or notice of an application for leave to appeal shall set out  concisely  and  under  distinct  heads  numbered  seriatim  the  grounds  upon  which  the appellant  intends  to  rely  at  the  hearing  of  the  appeal  without  any  argument or narrative.

(2)  No ground of appeal which is vague or general in terms or discloses no reasonable ground of appeal shall be permitted except the general ground that the  judgment is unreasonable or cannot be supported having regard to the evidence.

(3) Any ground of appeal or any part of it which is not permitted under sub-rule (2) may be struck  out by the Court on  its own  motion or on application  by  the  respondent.

(4)  The appellant shall not without the leave of the Court, argue or be heard in support of any ground not mentioned in the notice of criminal appeal or the notice of  an application for leave to appeal.

(5) Notwithstanding subrules (1) to (4) of this rule the Court

(a) may grant an appellant leave to amend the grounds of appeal upon such terms  as the Court may think just;

(b) shall not in deciding the appeal, be obliged to confine  itself to the grounds set out by the appellant nor shall the Court be precluded from resting its decision on  any ground not set out by the appellant.

(6)  Where  the  Court  intends  to  rest  a  decision  on  a  ground  not  set  out  by  the  appellant  in his notice  of appeal or on any matter not argued  before it, the Court  shall afford the parties reasonable opportunity to be heard on any ground or matter  without re-opening the whole appeal.

Rule 34 – Notice of an Application for Extension of Time to Appeal.

Any person making an application for extension of time within which notice may be given under Rule 31 of these Rules shall send to the Registrar of the court below—

(a) the proper form of the application for extension; and

(b) a form duly filled in or notice of a criminal appeal, or of notice of an application  for leave to appeal.

Rule 35 – Notice of Application for Leave to Appeal.

Where the Court or the court below gives an appellant leave to appeal, it shall not be necessary for the appellant to give any notice of a criminal appeal and the notice of the application for leave to appeal shall be considered as the notice of a criminal appeal.

Rule 36 – Forwarding of Proceedings to Court.

(1)  Where  the  court  below  receives  a  notice  of  a  criminal  appeal  or  grants  an  application for leave to appeal, the Registrar of the court below shall forward to the  Registrar of the Court—

(a) the  notice  of  the  criminal  appeal  or  the  notice  of  an  application  for  leave  to  appeal the order of the court below granting leave to appeal; and

(b) not less than nine copies of the proceedings in the court below.

(2) The Registrar of the court below shall also forward to the Registrar the original  exhibits  in  the  case  as  far  as  practicable  and  any  other  documents  or  things  normally kept by him, or that form part of the record of the court below.

(3)  The  Court  or  the  Registrar  may  allow  the  return  of  any  exhibit,  document  or  thing to any party pending the hearing of the criminal appeal and subject to such  conditions as it or he may impose.

Rule 37 – Copies of Record for Parties.

(1) Subject to clause (4) of article 19 of the Constitution, an appellant may, at any  time after notice of a criminal appeal or notice of an application for leave has been  given  him  obtain  from  the  Registrar  of  the  court  below  free  of  charge  for  the  purposes of the appeal, copies of the record of the proceedings.

(2) The respondent shall be supplied with a copy of the record of the proceedings.

Rule 38 – Action on Decision on Application to Single Justice.

Where an application has been dealt with by a single Justice or three Justices of the Court in the absence of the appellant or his counsel the Registrar shall inform the appellant of the decision of the Justices in the Form 16 set out in Part II of the Schedule to these Rules.

Rule 39 – Abandonment of Appeal.

(1) An appellant may, at any time after he has duly filed notice of a criminal appeal or of an application for leave to appeal, or of an application for extension of time within which the notice shall be given to the Registrar, abandon his appeal or application, by giving notice of' the abandonment in the Form 17 set out in Part II of the Schedule to these Rules.

(2)  Where  notice  provided  for  under  sub-rule  (1)  has  been  given,  the  appeal  or  application shall be considered struck out.

(3) Upon receipt of a notice of abandonment the Registrar shall give notice as in the  Form  18  set  out  in  Part  II  of  the  Schedule  to  these  Rules  to  the  respondent,  the  prison authorities and the Registrar of the court below.

(4) In the case of an appeal in respect of a conviction involving a sentence of death,  the Registrar shall, in addition, give notice of the abandonment, to the appropriate  Minister.

Rule 40 – Withdrawal of Notice of Abandonment.

An  appellant  who  has  abandoned  his  criminal  appeal  may,  with  the  leave  of  the  Court,  withdraw  his  notice  of  abandonment  by  completing  and  sending  to  the  Registrar a notice in the Form 19 set out in Part II of the Schedule to these Rules.

Rule 41 – Temporary Suspension of Orders.

(1)  Unless  the  Court  otherwise  directs,  an  order  made  by  any  court  on  the  conviction of any person—

(a) requiring that person to pay the whole or any part of the costs and expenses of the prosecution for the offence out of any money taken from him on his arrest or  otherwise; or

(b) requiring that person to pay a reward to any other person who appears to that  court to have taken an active part in the arrest of the convicted person; or

(c) awarding to any person aggrieved by the offence any sum of money to be paid  by the convicted person or by any other person; or

(d) requiring the return, restitution or delivery of any property to any person, or

(e) affecting any right or property of the convicted person shall be suspended where  notice of a criminal appeal or notice of an application for leave to appeal against the  conviction  is  filed  until  the  determination  of  the  appeal  or  until  the  appeal  is  abandoned.

(2) Where on the acquittal or discharge of any person charged with an offence, an order is made by the Court for the payment of any costs or, compensation by the prosecution or by the complainant to the person acquitted or discharged, the order shall be suspended when notice of a criminal appeal or notice of an application for leave to appeal against the acquittal or discharge is filed, until the determination of the appeal or until the appeal is abandoned.

(3) Where upon the conviction of any person of any offence any disqualification, forfeiture or disability attached to that person by reason of the conviction, and notice of a criminal appeal or notice of all application for leave to appeal against the conviction is filed, the disqualification,  forfeiture or disability shall be suspended until the determination of the appeal or until the appeal is abandoned.

(4) Where upon the conviction of any person of any offence, any property, matter or thing which is the subject matter of the prosecution or is connected with it is required to be or may be ordered to be destroyed or forfeited under any law, and notice of a criminal appeal or notice of an application for leave to appeal against the conviction is filed, the order for destruction or forfeiture shall be suspended until the determination of the appeal or until the appeal is abandoned.

Rule 42 – Grant of Bail.

(1) The Court may at any time during the pendency of a criminal appeal on its own motion or on an application made by any person grant bill to the appellant or revoke or vary any order previously made.

(2) Where the Court grants bail to an appellant pending the determination of his appeal, the Court shall specify the amount in which the appellant and his surety, if any, shall be bound by  recognizance and unless otherwise directed by the Court the recognizance of the appellant or his surety shall be taken before the Registrar.

(3) The recognizances provided for in this rule shall be in the Forms 20 and 21 set out in Part II of the Schedule to these Rules.

(4) An appellant who has been granted bail shall be personally present at each and every hearing of his appeal and at the final determination of the appeal unless the Court otherwise directs.

(5) Where an appellant is not present at the hearing of his appeal after having been granted bail under this rule, the Court may—

(a) consider the appeal in his absence and make such order as it thinks fit; or

(b) proceed summarily to dismiss the appeal and issue a warrant for the arrest of  the appellant in the Form 22 set out in Part II of the Schedule to these Rules.

(6) Sub-rule (5) shall apply with such modifications as the Court may direct in any case where all appellant indicates that he desires to be present at the hearing of his appeal but does not in fact attend.

Rule 43 – Notification of Final Determination of Appeals.

(1) On the final determination of a criminal appeal or of any application to the Court, the Registrar shall give to the appellant if he is in custody and was not present at  the  determination,  and  to  the  respondent  and  the  prison  authorities  notice  of  the  determination  in the Forms 23,  24, 25 or 26 set  out in Part II of the  Schedule to  these Rules as the case may be.

(2) In the case of an appeal in respect of a conviction involving a sentence of death, the Registrar, shall, on receiving the notice of a criminal appeal or of an application for extension of the time within which to appeal, send copies of the notice to  the  appropriate Minister and to the prison authorities.

(3) The Registrar shall on the final determination of the appeal notify the appellant, the appropriate Minister, the respondent and the prison authorities of the decision of the Court.

(4) The Registrar shall, upon the final determination of a criminal appeal, notify the Registrar of the court below, and by a formal order inform him of the decision, and any orders or directions made or given by the Court in connection with the appeal.

(5) The Registrar of the court below shall, on receiving the formal order referred to in this rule, enter the particulars of the order in the records of that court.

Rule 44 – Return of Exhibits.

Upon the final determination of a criminal appeal the Registrar shall, where practicable, and subject to any order of the Court, cause to be returned to the Registrar of the court below any exhibit or  document or things forwarded to the Court in connection with the appeal.

PART IV

ORIGINAL JURISDICTION 

Rule 45 – Action Brought to Invoke Original Jurisdiction

(1) Except as otherwise provided in these Rules, an action brought to invoke the original jurisdiction of the Court shall be commenced by writ in the Form 27 set out in Part III of the Schedule to these Rules which shall be signed by the plaintiff or his counsel.

(2) The writ shall set out as concisely as possible the nature of the relief sought by the plaintiff and shall state—

(a) the full name of the plaintiff and the capacity in which he is bringing the action;

(b) the address of the plaintiff and of his counsel if any, which shall be an address  for service;

(c) the  names  and  addresses  of  all  parties  who  may  be  directly  affected  by  the  action; and

(d) such other particulars as the Court may from time to time direct.

(3) A copy of the writ shall be served on each of the parties mentioned in the writ as directly affected who shall be considered as the defendants and on the Attorney-General if not named specifically as a defendant.

(4) The Court may, at any time on its own motion or on the application of a party, order that any other person shall be made a party to the action in addition to or in substitution for any other party.

Rule 46 – Statement of Plaintiff’s Case.

(1) The plaintiff may file a statement of his case with the writ, or shall in any case within fourteen days of the filing of the writ file the statement of his case.

(2) The statement of the plaintiff’s case shall state—

(a) the  facts  and  particulars,  documentary  or  otherwise,  verified  by  an  affidavit,  upon which the plaintiff seeks to rely;

(b) the number of witnesses to be called, if any; and

(c) a list of the decided cases and of the statute law on which the plaintiff intends to  rely.

(3) Where a statement of the Plaintiff’s case is not filed within fourteen days of the filing of the writ, the respondent may apply to the Court to have the action struck  out.

Rule 47 – Service of Writ.

The Registrar shall, as soon as practicable after the filing of the statement of the plaintiff’s case, serve copies of the statement on the defendant and on the Attorney- General.

Rule 48 – Appearance and Statement of Defendant’s Case.

(1) A defendant upon whom a writ and a statement of the plaintiff’s case are served  shall,  if  he  wishes to contest the case, within fourteen days of the service of the statement of the plaintiff's case, or within such time as the Court upon terms may direct, file a statement of the defendant's case  which shall be signed  by  the defendant or his counsel.

(2) The statement of the defendant's case shall state—

(a) the facts and particulars, documentary or otherwise, verified by affidavit, upon  which the defendant seeks to rely;

(b) the number of witnesses to be called, if any;

(c) the name and the address for service of his counsel, where he is represented by  counsel; and

(d) a list of the decided cases and of the statute law on which he seeks to rely.

(3) The Attorney-General, if not mentioned as a defendant may, if he chooses, file  an  answer  within  fourteen days of the service on him of the statement of the plaintiff’s case and shall in any case do so when ordered by the Court.

(4) Notwithstanding subrule (1) to (3) of this rule a plaintiff may apply to the Court  for an extension of time within which to fulfil the conditions to be complied with in  accordance  with  these  Rules  and  the  Court  may,  for  good  and  sufficient  cause shown, grant an extension of  time  subject  to  such  conditions  as  the  Court  may  impose.

Rule 49 – Amendment of Writ or Statement of Case.

A writ or statement of the plaintiff’s or of the defendant's case may be amended at any time with the leave of the Court on such terms as the Court may determine.

Rule 50 – Memorandum of Agreed Issues.

(1)  The parties may agree to file, or shall, if so ordered by the Court, file a memorandum specifying the issues agreed by them to be tried at the hearing of the action.

(2) The memorandum of agreed issues shall be signed by the parties and may, with the leave of the Court granted upon such terms as the Court may determine, be amended upon the application of the parties.

(3) Where the parties cannot agree on the issues each party may file his own memorandum of issues.

Rule 51 – Arguments of Law.

The Court may, after  the  memorandum  of  issues  has  been submitted to it, order any of the parties to clarify or state fully in writing any further arguments of law with a list of the decided cases and the statute law in support of his case not already  dealt with in the statement of his case or in the memorandum of issues.

Rule 52 – Filing of Document.

The statement of the plaintiff’s case and of the defendant's case as well as the memorandum of issues or the arguments of the law shall be filed with the Registrar.

Rule 53 – Hearing.

(1) The Court may, after considering the statement of the plaintiff's case and of the  defendant's case, the memorandum of issues and any arguments of law, decide to  determine  the  action  and  give  judgment  in  Court  on  a  fixed  date  without  further  arguments or may appoint a time at which the parties shall appear before the Court  for further arguments in the action.

(2) Where the Court decides to hear oral evidence and arguments, the plaintiff shall  at such hearing, unless the Court directs otherwise,  first open his case and each  defendant  shall  then  be  entitled  to  reply  to  it  before  any  witnesses  are  called  to  testify.

(3) Any evidence given may either be by oral examination in the court or by affidavit or by deposition taken before an examiner as the Court may direct in accordance with the Form 28 in Part IV of the Schedule.

PART V

REVIEW

Rule 54—Grounds for Review.

The Court may review any decision made or given by it on the following grounds—

(a) exceptional circumstances which have resulted in miscarriage of justice;

(b) discovery of new and important matter or evidence which, after the exercise of  due diligence, was not within the applicant's knowledge or could not be produced by  him  at the time when the decision was given.

Rule 55 – Time for Applying for Review.

An application for review shall be filed at the Registry of the Court not later than one month from the date of the decision sought to be reviewed.

Rule 56 – Procedure for Bringing Application for Review.

(1)  The application for review shall be by motion supported by an affidavit and accompanied by a  statement of the applicant's case, clearly setting out and fully arguing all relevant grounds on which the applicant relies.

(2) The motion shall be on notice to all parties affected by the application.

Rule 57 – Statement of Respondent’s Case.

A respondent to the application shall, within fourteen days of the service on him of  the  application  file a statement of his case, in answer to the application, fully arguing his case.

Rule 58 – Failure of Respondent to File his Statement of Case.

If the respondent fails to file his statement of case within the time limit specified in rule 57, the applicant may set down the application for hearing with notice to the respondent.

Rule 59 – Setting Down Date for Hearing.

(1) After receipt of the statement of case of the respondent, or after fourteen days of  the  service  of  the  applicant's  statement  of  case  on  the  respondent,  the  Registrar  may set the application down for hearing.

(2)  The  Court  may,  after  the  statement  of  the  applicant's  case  and  of  the  respondent's case and any arguments of law, decide to determine the application  and give ruling in court on a fixed date without further arguments or may appoint a  time at which the parties shall appear before the Court for further argument in the  application.

(3) A respondent who fails to file his statement of case within the time limit specified in rule 57 shall not be heard in open court, except as to the question of costs.

Rule 60 – Time Limits.

Any of the time limits specified in this Part may, on application, be extended or abridged by the Court.

PART VI

SUPERVISORY JURISDICTION 

Rule 61 – Application to Invoke Supervisory Jurisdiction.

(1) An application seeking to invoke the supervisory jurisdiction of the Court under article 132 of the Constitution shall be by motion on notice as specified in Form 29  set out in the Schedule to these Rules and shall—

(a) be accompanied by an affidavit: and;

(b) in the case of an application of an order of certiorari or prohibition, by filed with a copy  of the decision, order, determination or other proceeding against which the application is sought; [As substituted by Supreme Court (Amendment) Rules, 1999  (CI 24); also, Form 29 was substituted by paragraph (e) of C.I. 24].

(2)  The notice of motion shall be accompanied by a statement of the applicant's case based upon the reliefs sought and the grounds of the application.

Rule 62 – Time Limit.

An application to invoke the supervisory jurisdiction of the Court shall be filed within 90 days of the date when the grounds for the application first arose unless the time is extended by the Court. [As substituted by Supreme Court (Amendment) Rules, 1999 (CI 24)]. 

Rule 63 – Service of Applicant’s Statement.

The  Registrar shall, as soon as practicable after the filing  of  the applicant's  statement  applicant's  statement  of  case,  cause  copies  of  the  statement  of  case  together with a copy of the notice of motion to be served on the respondent and any  other interested party.

Rule 64 – Statement of Respondent’s Case and Time Limit.

(1)  A  party  upon  whom  an  applicant's  statement  of  case  is  served  shall,  if  he  intends to oppose the application, within fourteen days of the service, or within such  time as the Court upon terms may direct, file a statement of his case in answer to  the applicant's statement.

(2) The applicant may, within seven days of the service on him of the respondent's statement of case, file with the Registrar a reply to the respondent's statement of case.

Rule 65 – Setting Down Application for Hearing.

On  the  receipt  of  the  reply  to  the  respondent’s  statement  of  case,  or  where  the  applicant does not file a reply within the period specified in sub-rule (2) of rule 64,  the Registrar shall set down the application for hearing on a date convenient to the  Court.

Rule 66 – Application for Extension of Time.

An  application  for  the  extension  of  time  within  which  to  invoke  the  supervisory  jurisdiction of the Court under rule 62 shall not be made after the expiration of the  three months period within which an application seeking to invoke the supervisory  jurisdiction may be filed.

PART VII

REFERENCES TO THE COURT 

Rule 67 – References to the Court.

(1) A reference to the Court for the determination of any question, cause or matter pursuant to any provision of the constitution or of any other law shall be by way of a  case stated by the court below, or by the person or authority making the reference.

(2) A case stated under sub-rule (1) of this rule shall contai—

(a) a summary of the action or matter before the court below or the person or the  authority from which the reference is made;

(b) the issue involved in the matter before the court or that person or authority;

(c) the matter or question referred for determination by Court;

(d) any findings of fact relevant to the matter or question referred to the Court;

(e) the arguments of counsel, if any;

(f) the ruling or decision of the court below or of that person or authority. And

(g) a statement by the court below that the determination of the constitutional matter  or question is necessary to a decision of the action, where the reference is made  under clause (2) of article 130 of the Constitution.

(3) Each party may, with the consent of the court below or that person or authority,  and  shall,  when  so  ordered  by  the  Court,  state  his  case  or  jointly  state  a  case  containing arguments of law and a list of the decided cases and the statute law in  support of the case.

(4) The Court may call for the record of the proceedings before the court below or  before the person or authority making the reference.

(5) The provisions of rule 53 of these Rules shall, with such modifications as may  be necessary apply to reference before the Court.

PART VIII

CHALLENGE OF ELECTION OF PRESIDENT 

Rule 68 – Petition for Challenging Election of President.

(1) A petition presented pursuant to clause (1) of article 64 if the Constitution shall state—

(a) the full name and address of the petitioner and of his counsel, if any, which shall  be an address for service;

(b) the grounds for challenging the validity of the election;

(c) a statement of the facts relied on to be  verified  by  affidavit,  and of the  law  in  support of the petition;

(d)  the number of witnesses to be called, if any; and

(e)  such other matters as the Court may determine.

(2) The petition shall be filed with the Registrar.

Rule 69 – Answer to Petition.

(1) The Attorney-General and any other person upon whom a petition is served may  file  with  the  Registrar,  within  twenty-one  days  of  the  service,  an  answer  to  the  petition which shall state—

(a)  the grounds of opposition to the petition;

(b) the facts relied upon, verified by affidavit;

(c) the law in support of the answer in opposition to the petition; and

(d) the number of witnesses to be called, if any.

(2) The answer to the petition shall be filed with the Registrar.

Rule 70 – Evidence of Hearing Petition.

(1) A party to the petition may at the hearing of the petition with the leave of the  Court call any witness.

(2)  The  Court  may  on  its  own  motion  call  any  witness  whose  evidence,  is  in  the  opinion of the Court, likely to be relevant to the matter before the Court.

Rule 71 – Announcement of Decision.

The Court shall at the conclusion of the hearing of the petition deliver its judgment and the Registrar shall within seven days of the delivery of the judgment forward a copy of the judgment to the Electoral Commission.

PART IX

MISCELLANEOUS

Rule 72 – Copies of Documents for Court.

Where  for  the  Purpose  of  these  Rules  any  person  files  or  is  required  to  file  any  document he shall, in addition file sufficient number of copies of the document for  the use of the Justices of the Court and for service on the Attorney-General, on all  other parties and on such other persons as the Court may direct.

Rule 73 – Exercise of Powers of a Single Justice.

An  application  made  pursuant  to  article  134  of  the  Constitution  in  respect  of  any  cause or matter, civil or criminal shall be by motion on notice and shall be served on  any party who has an interest in the cause or matter.

Rule 74 – Pronouncement of Judgment of Court.

(1)  At  the  conclusion  of  the  hearing  of  any  matter  before  the  Court,  each  Judge  shall be at liberty to express his opinion on the matter before the Court.

(2)  The  judgment,  order  or  decree  of  the  Court  shall  be  pronounced  by  the  presiding Justice or such other Justice of the Court hearing the question or matter  as the presiding Justice may direct.

(3) Opinions of the Justices of the Court shall be handed over to the Registrar of the  Court immediately after delivery for the compilation of a composite opinion  of the  Court and copies thereof shall upon payment of the requisite fees be given to the  parties  and  the  public  after  they  have  been  duly  certified  by  the  Registrar  of  the  Court in accordance with section 99 (1) of the Courts Act, 1993 (Act 459).

Rule 75 – Adjournments.

The Court may adjourn any action or matter before it as it considers fit to do and upon such terms as it may think fit.

Rule 76 – New Evidence.

(1)  A  party  to  an  appeal  before  the  Court  shall  not  be  entitled  to  adduce  new  evidence in support of his original action unless the Court, in the interest of justice,  allows  or  requires  new  evidence  relevant  to  the  issue  before  the  Court  to  be  adduced.

(2) No such evidence shall be allowed unless the Court is satisfied that  with  due  diligence or enquiry the evidence could not have been and was not available to the  party at the hearing of the original action to which it relates.

(3) Any such evidence may be by oral examination in Court, by an affidavit or by deposition taken before an examiner as the Court may direct.

Rule 77 – Examination Regarding New Evidence.

(1) Where the Court orders the examination of a witness to be conducted otherwise  than before the Court, the order shall specify the person appointed as examiner to  take  the  evidence,  the  place  of  taking  the  evidence,  the  examination  and  the  witness to be so examined.

(2) The Registrar shall furnish the examiner with any documents or exhibits and any other material relating to the issue before the Court as and when required by the examiner.

(3) The documents, exhibits and other materials furnished pursuant to sub-rule (2)  shall  be  returned  to  the  Registrar  by  the  examiner  together  with  any  depositions  taken and any report made by the examiner in accordance  with the provisions of  this rule upon the conclusion of the examination.

(4) When the examiner has appointed the day and time for the examination he shall request the Registrar to notify the parties and their counsel, if any and the prison  authorities if any of the parties is in prison.

(5)  The Registrar shall cause to be served on every witness to be examined a notice as specified in the Form 28 set out in Part IV of the Schedule to these Rules.

(6) Every witness examined before an examiner in accordance with this rule shall give his evidence upon oath or affirmation to be administered by the examiner.

(7) The examination of every witness shall be in public in the form of a deposition unless otherwise ordered by the Court.

Rule 78 – Reference by the Court.

(1)  Where  the  Court  makes  an  order  referring  any  matter  to  a  referee  by  or  an  arbitrator for an opinion on any question arising out of a cause or matter before it,  the Court shall specify the question so referred.

(2) The provisions of rule 76 of these Rules shall apply with such modification as may be necessary to a reference made under this rule.

Rule 79 – Waiver of Non-Compliance.

Where  a  party  to  any  proceedings  before  the  Court  fails  to  comply  with  any  provision of these Rules or with the terms of any order or direction given or with any  rule  of  practice  or  procedure  directed  or  determined  by  the  Court,  the  failure  to  comply  shall  be  a  bar  to  further  prosecution  of  proceedings  unless  the  Court  considers that the non-compliance should be waived.

Rule 80 – Costs of Actions.

The award of costs on the determination of any matter shall be at the discretion of the Court.

Rule 81 – Return of Documents or Things.

On  the  final  determination  of  an  appeal,  the  Registrar  shall,  within  one  month  of  such determination, forward to the court below the exhibits and documents or other  things  received  by  him  or  by  the  Court  in  respect  of  the  appeal  to  which  the  documents or things relate.

Rule 82 – Interpretation.

In these Rules, unless the context otherwise requires—

appellant”  includes  the  party  appealing  from  judgment,  order  or  decree  and  his  counsel;

appropriate Minister” means Minister responsible for Justice;

civil  appeal”  includes  an  appeal  brought  in  a  civil  cause  or  matter,  an  appeal  brought pursuant to clause (3) of article 33, clause (4) of article 131 and clause (1)  of article 273 of the Constitution;

the Court” means the Supreme Court;

court  below”  means  the  court  or  body  from  which  an  appeal  or  other  cause  or  matter is brought;

criminal appeal” means an appeal brought in a criminal cause or matter;

interlocutory decision” means a decision which is not a final decision in any cause  or matter;

High Court” includes Regional Tribunals;

leave” includes special leave;

long list” means the cause list published under sub-rule (1) of rule 2 of these Rules;

memorandum  of  agreed  issues”  means  the  memorandum  of  agreed  issues  prepared pursuant to rule 50 of these Rules;

party” includes any party to an appeal or other proceedings and his counsel;

record  of  appeal”  includes  the  pleadings,  proceedings,  evidence  and  judgments  and  the  aggregate  of  the  papers  relating  to  an  appeal  proper  to  be  laid  on  the  hearing  of  an  appeal  before  the  Court  pursuant  to  sub-rule  (1)  of  the  rule  11  of  these Rules;

Registrar”  includes  the  Judicial  Secretary  and  the  Deputy  Judicial  Secretary  and  the Registrar of the Court;

Republic” includes the Government and any Department or Minister of State;

respondent” means—

(a) in a civil appeal, any party directly affected by the appeal other than the appellant.

(b) in a criminal appeal, the Republic or other person who undertakes the defence  of the judgment appealed against;

(c) counsel for a party mentioned in paragraph (a) or (b);

short  list”  means  the  cause  list  published  under  sub-rule  (3)  of  Rule  2  of  these  Rules;

signature” includes a thumb-print and a mark;

Supreme Court” includes a single Justice, five or more Justices;

Taxing Officer” means the Registrar of the Supreme Court;

term” means any period between vacations when the Supreme Court is in session;

vacation” means any of the following periods—

(a) the period commencing on the Tuesday immediately following Easter Monday in  each year and ending on the Friday immediately following;

(b) the period commencing on the first day of August in each year and ending on  the last day of September, in that year; and

(c) the period commencing on the 24th day of December in each year and ending  on the 6th day of January in the ensuing year.

Rule 83 – Revocation.

The Supreme Court Rules, 1970 (C.I. 13) are revoked.

SCHEDULE

PART I 

CIVIL APPEAL FORMS

FORM 1

Rule 6(1)

FORM 2

Rule 7 (1)

FORM 3

Rule 7(2)

FORM 4

Rule 11(1) (a)

FORM 5

Rule 12(1)

FORM 6

Rule 14(1)

FORM 7

Rule 14(2)(a)

FORM 8

Rule 14(2)(b)

FORM 8A

Rule 15(2)

FORM 9

Rule 17(1)

FORM 10

Rule 18(1)

FORM 11

Rule 19(1)

FORM 12

Rule 28

FORM 13

Rule 31(5)

FORM 14

Rule 31(5)

FORM 15

Rule 31(5)

FORM 16

Rule 38

FORM 17

Rule 39(1)

FORM 18

Rule 39(3)

FORM 19

Rule 40

FORM 20

Rule 42(3)

FORM 21

Rule 42(3)

FORM 22

Rule 42 (5)(b)

FORM 23

Rule 43 (1)

FORM 24

Rule 43 (1)

FORM 25

Rule 43 (1)

FORM 26

Rule 43 (1)

PART III 

FORMS FOR ORIGINAL JURISDICTION

FORM 27

Rule 45(1)

PART IV 

Rule 53(3), 77(5) 

MISCELLANEOUS

FORM 28

FORM 29

Rule 61 (1)

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