THE CIVIL PROCEDURE (APPEALS IN PROCEEDINGS ORIGINATING IN
PRIMARY COURTS) RULES
G.N. No. 312 of 1964
1. Citation
These Rules may be cited as the Civil Procedure (Appeals in
Proceedings Originating in Primary Courts) Rules.
2. Interpretation
In these Rules, unless the context otherwise requires–
"the Act" means the Magistrate's Court Act *;
"agent" includes an advocate and any person who, under the
provisions of section 33 of the Act, is permitted to appear and act for any
party;
"appellate court" means the High Court or the district court, as the
case may be;
"petition of appeal" includes the record of the grounds of appeal where
the same have been stated orally and recorded by the district court under
the provisions of paragraph (b) of subsection (4) of section 20 of the Act.
3. Applications for leave to appeal out of time
An application for leave to appeal out of time to a district court from a
decision or order of a primary court or to the High Court from a decision or
order of a district court in the exercise of its appellate or revisional
jurisdiction shall be in writing, shall set out the reasons why a petition of
appeal was not or cannot be filed within thirty days after the date of the
decision or order against which it is desired to appeal, and shall be
accompanied by the petition of appeal or shall set out the grounds of
objection to the decision or order:
Provided that where the application is to a district court, the court
may permit the applicant to state his reasons orally and shall record the
same.
4. Form and content of petitions of appeal
(1) Every petition of appeal to a district court from a decision or order
of a primary court and every petition of appeal to the High court from a
decision or order of a district court in the exercise of its appellate or
revisional jurisdiction shall set out precisely and under distinct heads
numbered consecutively the grounds of objection to the decision or order
appealed against and shall be signed by the appellant or his agent.
(2) Every petition of appeal to the High Court shall be filed in
duplicate.
5. Registration of appeals
(1) When a petition of appeal to a district court is filed in that court, it
shall immediately be endorsed with the date of filing and be numbered and
entered in a register to be kept for that purpose.
(2) When a district court permits an appellant to state the grounds of
his appeal orally and records them, the record shall similarly be dated,
numbered and entered in the register.
(3) When a petition of appeal to the High Court is filed in the district
court, the district court shall cause the date of filing to be endorsed on the
petition before dispatching it to the High Court.
(4) When a petition of appeal is received in the High Court, it shall
immediately be numbered and entered in a register to be kept for that
purpose.
6. Cross appeals
When separate appeals are filed by two or more parties to a
proceeding, the appeals shall be registered separately but shall, unless the
appellate court otherwise orders, be heard together.
7. Withdrawal of appeals
An appellant may withdraw his appeal at any time prior to the hearing
thereof.
8. Stay of execution
(1) Any person who has filed an appeal to a district court may apply in
writing to that court for a stay of execution of the decision or order against
which he is appealing.
(2) An appeal shall lie to the High Court from any order granting or
refusing a stay of execution.
9. Summary rejection
Where under subsection (3) of section 28 of the Act a judge of the High
Court rejects an appeal summarily, notice of such rejection shall be served
upon the appellant or his agent.
10. Compliance with orders
Where a registrar gives directions under paragraph (a) of section 26(a)
of the Act as to the time within which any further step in the proceedings is
to be taken by any party to the appeal, he shall cause a notice of such
directions to be served upon that party or his agent.
11. Copies of petitions of appeal
(1) Where an appeal is to the High Court, the notice of hearing to be
given to the respondent or his agent shall be accompanied by a copy of the
petition of appeal.
(2) Where an appeal is to a district court, the respondent shall be
entitled to receive a copy of the petition of appeal if he applies for the same.
12. Adjournments
(1) An appellate court may at any time and from time to time, of its
own motion or on the application of any party, adjourn the proceedings to a
date fixed or to be fixed by it.
(2) When proceedings are adjourned to a date to be fixed, the court
shall after fixing the date for the resumed hearing give notice of it to the
parties or their agents:
Provided that it shall not be necessary to give any notice of the
resumed hearing to any person who has signified in writing that he does not
intend to appear at the hearing.
13. Non-appearance of parties
(1) An appellant may embody in his petition of appeal a statement that
he does not intend to appear personally or by agent at the hearing, together
with a statement in writing of his arguments in support of the appeal and in
such event and unless the court or the registrar has expressly required the
appearance of the appellant, the court shall not dismiss the appeal for want
of appearance and the appellate court shall have regard to such arguments.
(2) Subject to the provisions of subrule (1) of this rule, where on the
day fixed for hearing the appeal or any day to which it may be adjourned,
the appellant does not appear in person or by agent, the appellate court may
dismiss the appeal.
(3) Where the appellant appears and the respondent, having been duly
served, does not appear, the appeal shall proceed in the absence of the
respondent, unless the appellate court for any sufficient reason sees fit to
adjourn the hearing but if the respondent has, before the date of the
hearing, filed a statement in writing of his arguments in opposition to the
appeal, the appellate court shall have regard to such arguments.
14. Procedure at the hearing
At the hearing of an appeal, the appellate court, after hearing such
additional evidence, if any, as it may permit or require, shall first hear the
appellant or his agent and then, unless it forthwith dismisses the appeal,
the respondent or his agent and the appellant or his agent shall have the
right to reply.
15. Appellant restricted to grounds of appeal set out in petition
An appellant or his agent shall not, except by leave of the appellate
court, be entitled to be heard on any ground of objection not set forth in his
petition of appeal.
16. Judgement
The judgement of the appellate court shall be in writing, and shall
state–
(a) the points for determination;
(b) the decision thereon;
(c) the reasons for the decision; and
(d) where the decision appealed from is reversed or varied, the relief
to which any of the parties may be entitled,
and shall be pronounced in open court.
17. Re-admission of appeal dismissed for default
Where an appeal has been dismissed under subrule (2) of 13 in
default of appearance by the appellant, he or his agent may apply to the
appellate court for the re-admission of the appeal; and if the court is
satisfied that he was prevented by any sufficient cause from appearing
either personally or by agent when the appeal was called on for hearing it
may re-admit the appeal on such terms as to costs or otherwise as it thinks
fit.
18. Re-hearing of application of respondent
Where an appeal is heard in the absence of the respondent and
judgment is pronounced against him under rule 13(3), he or his agent may
apply to the appellate court to re-hear the appeal and if the court is satisfied
that the notice was not duly served or that he was prevented by any
sufficient cause from appearing either personally or by agent when the
appeal was called on for hearing, the court shall re-hear the appeal on such
terms as to costs or otherwise as it thinks fit.
