CHAPTER 25 - SUPREME COURT OF ZAMBIA: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Supreme Court Rules

SUPREME COURT RULES

Arrangement of Rules

<FC:255,0,0>   Rule

PART I
GENERAL

   1.   Title

   2.   Interpretation

   3.   Notice of sittings, vacations and business

   4.   Registry

   5.   Acts to be done on a Saturday, Sunday or public holiday

   6.   Copies

   7.   Interlocutory applications

   8.   Setting aside or varying order of Master

   9.   Process of the Court and service

   10.   Form of proceedings

   11.   Power to amend

   12.   Extension of time and late applications

   13.   Prescribed fees

   14.   Prescribed forms

   15.   Costs

   16.   Notice of hearing and non-appearance at hearing

   17.   Applications to the High Court first

   18.   Applications to the Court

   19.   Preliminary objection

   20.   Adjournment

PART II
CRIMINAL APPEALS

   21.   Application

   22.   Institution of appeal

   23.   Notice of intention to appeal

   24.   Leave to appeal

   25.   Grounds of appeal

   26.   Other criminal applications

   27.   Procedure where single judge refuses application

   28.   Signature of proceedings

   29.   Stay of execution

   30.   Grounds of decision

   31.   Preparation of record

   32.   Procedure where appellant in prison

   33.   Abandonment of appeal

   34.   Presentation of appellant's case in writing

   35.   Heads of argument

   36.   Attendance at hearing

   37.   Irregularities

   38.   Hearing and orders on appeal

   39.   Additional evidence and report

   40.   Order for disposal of property

   41.   Judgment in criminal cases

   42.   Order

   43.   Notifying decision

   44.   Costs

   45.   Return of original depositions and exhibits

   46.   Bail

PART III
CIVIC APPEALS

   47.   Application and interpretation

   48.   Civil applications

   49.   Notice of appeal

   50.   Leave to appeal

   51.   Appeal not to operate as stay of execution

   52.   Certificate of grounds of judgment

   53.   Address for service

   54.   Lodging appeal

   55.   Default in lodging appeal

   56.   Security for costs

   57.   Entry of appeal

   58.   Record of appeal

   59.   Supplementary record

   60.   Costs of record

   61.   Respondent's notice of cross-appeal

   62.   Stated cases

   63.   Withdrawal of appeal

   64.   Appeal by respondent where appeal withdrawn

   65.   Failure to file record

   66.   Fees and security for costs on cross-appeal

   67.   Additional parties

   68.   Amendment and default

   69.   Notice of non-appearance and written argument

   70.   Heads of argument

   71.   Non-appearance of parties at hearing

   72.   Hearing of appeals

   73.   Judgment in civil cases

   74.   Interest

   75.   Order

   76.   Poor persons

PART IV
MISCELLANEOUS AND TRANSITIONAL PROVISIONS

   77.   Orders as to costs

   78.   Clerical errors and accidental slips or omissions

   79.   Obsolete

   80.   Has had its effect

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

 

[Rules by the Chief Justice]

Act 13 of 1994,

SI 70 of 1975,

SI 85 of 1975,

SI 100 of 1986,

SI 173 of 1990,

SI 45 of 1995,

SI 86 of 1997,

SI 5 of 2001,

SI 17 of 2002,

SI 26 of 2012.

PART I
GENERAL

 

1.   Title

These Rules may be cited as the Supreme Court Rules.

 

2.   Interpretation

   (1) In these Rules, unless the context otherwise requires—

"appellant" includes applicant;

<FT:Verdana,SN>“case management system” means the system used by the Master and the Court to calendar, assign and track cases;

[Ins by rule 2(b) of SI 26 of 2012.]

“conventionally file” means the act of filing or serving of paper documents;

[Ins by rule 2(b) of SI 26 of 2012.]

"court below" includes, in relation to an appeal to the court, any court established for the Republic and any judicial or quasi-judicial tribunal or body in respect of the judgment of which or the proceedings before which such appeal is brought to the Court, either directly or by way of further appeal from the judgment of a court acting in its appellate jurisdiction;

"direct appeal" means an appeal direct from a subordinate court to the Court in terms of section 12 of the Act;

“document management system” means the electronic document storage and imaging system maintained by the Master;

[Ins by rule 2(b) of SI 26 of 2012.]

“electronic document” means an original document filed with the Master in electronic format;

[Ins by rule 2(b) of SI 26 of 2012.]

“e-filing” means electronic transmission of an original document to the Court;

[Ins by rule 2(b) of SI 26 of 2012.]

“electronic service” means electronic transmission of a document to parties as required by a written law and rules of a Court and as designated by the filing party;

[Ins by rule 2(b) of SI 26 of 2012.]

“filing” means the act of submitting documents, electronically or in paper form to the Master for filing;

[Ins by rule 2(b) of SI 26 of 2012.]

"first appeal" means an appeal against a judgment of the High Court in the exercise of its original criminal jurisdiction and against a judgment of a subordinate court in the case of a direct appeal;

“hyperlink” means an electronic connection or reference to another place in a document, such that when selected, the user is taken to the portion of the document to which the hyperlink refers;

[Ins by rule 2(b) of SI 26 of 2012.]

“ID” means a unique user identification;

[Ins by rule 2(b) of SI 26 of 2012.]

"judgment" includes, in addition to the meaning assigned to it by section 2 of the Act, summing up;

"officer in charge of the prison" means the person appointed to be, or deemed to be, in charge of a prison under the provisions of section 5 of the Prisons Act;

“parties” means the parties related to a case, including a plaintiff and defendant or an advocate representing a plaintiff or defendant;

[Ins by rule 2(b) of SI 26 of 2012.]

“PDF” means portable document format, a file format that preserves all fonts, formatting colours and graphics of any source document, regardless of the application platform used;

[Ins by rule 2(b) of SI 26 of 2012.]

"presiding judge" means, in relation to the hearing of any appeal or any application therein or to the delivery of any judgment thereon, the senior judge of the Court as constituted for that appeal or application;

"proceedings" includes, in relation to an appeal to the Court, the proceedings at first instance in respect of which the appeal is brought and any proceedings subsequent thereto by way of appeal and all applications relating to such proceedings as aforesaid;

"register", <FT:Verdana,SN>in relation to the registration of any proceedings in the Court, means the appropriate register, in electronic and hard copy form, kept by the Master for the registration of the proceedings;

[Subs by rule 2(a) of SI 26 of 2012.]

"Registrar of the High Court" includes Deputy Registrar and District Registrar of the High Court;

"Registry" means the Registry of the Court in Lusaka;

"respondent" includes any person served with a notice of appeal or application, notice of motion, or summons, or entitled to be so served, and includes, in relation to a criminal offence, the Director of Public Prosecutions;

"respondent's notice" means the notice of cross-appeal which a respondent is required to give under rule 61;

"revenue stamps" means stamps prescribed by any written law for use in payment of fees;

<FT:Verdana,SN>“scanned document” means an electronic image created by scanning a paper document;

[Ins by rule 2(b) of SI 26 of 2012.]

"second appeal" means an appeal against a judgment of the High Court in the exercise of its appellate criminal jurisdiction;

"single judge" means a single judge of the Court;

<FT:Verdana,SN>“source document" means the document as originally submitted to the Master for filing;

[Ins by rule 2(b) of SI 26 of 2012.]

"subsequent appeal" means an appeal from the judgment of a court below acting in its appellate or revisional jurisdiction;

   (2) In these Rules, unless the context otherwise requires, in the case of a direct appeal-

      (i)   a reference to the High Court shall be read as a reference to the subordinate court whose judgment is the subject of the appeal;

      (ii)   a reference to the trial judge shall be read as a reference to the trial magistrate; and

      (iii)   a reference to the Registrar of the High Court shall be read as a reference to the clerk of the subordinate court in question; and

<FT:Verdana,SN>“TIFF” means a Tag Image File Format, a standardized file format used to store imaged documents.

[Ins by rule 2(b) of SI 26 of 2012.]

 

3.   Notice of sittings, vacations and business

   (1) The sittings of the Court and the matters to be disposed of at such sittings shall be advertised and notified in such manner as the Chief Justice may direct.

   (2) Vacations of the Court and arrangements made for business during vacations shall be advertised and notified in like manner.

 

4.   Registry

   (1) The Registry shall be situated in Lusaka.

   (2) Proceedings in the Court shall be instituted in the Registry.

   (3) All documents and proceedings filed subsequently to the institution of any proceedings in the Court shall be filed in the Registry.

   (4) The Registry shall, in addition to the hard copies of all the documents and proceedings filed in the Registry, maintain a register.

[Rule 4(4) ins by rule 3 of SI 26 of 2012.]<FT:Verdana,SN>

   (5) A person may conduct an electronic or manual search of the register upon payment of the prescribed fee.

[Rule 4(5) ins by rule 3 of SI 26 of 2012.]<FT:Verdana,SN>

 

5.   Acts to be done on a Saturday, Sunday or public holiday

Any act required to be done by a person on a date which falls on a Saturday or on a Sunday or a public holiday shall be valid and effective if done on the next following day not being a Saturday or a Sunday or a public holiday.

 

5A.   Electronic document Act No. 21 of 2009

   (1) Subject to section 5 of the Electronic Communications and Transactions Act, 2009, where under these Rules any notice, record or other document is required to be in writing, such document may be in electronic or hard copy format, as applicable.

   (2) Where a document is required to be served under these Rules, it may be served in electronic or hard copy format.

[Rule 5A ins by rule 4 of SI 26 of 2012.]<FT:Verdana,SN>

 

6.   Copies

Whenever under these Rules any document other than a record of appeal is required to be filed with the Court there shall also be filed four copies of such document, but the Master may in any case order that a greater or lesser number of copies shall be filed.

 

7.   Interlocutory applications

Interlocutory applications may be heard and determined by a single judge:

Provided that no direction or order made on an interlocutory application shall operate so as to prejudice the Court from giving such decision upon the case as may be just.

 

8.   Setting aside or varying order of Master

Any person aggrieved by anything done or ordered to be done by the Master, other than anything ordered or done by the direction of the Chief Justice, may apply to a single judge to have the act, order or ruling complained of set aside or varied, and such judge may give such directions or make such order thereon as he thinks fit. Such applications shall be made by notice of motion supported by affidavits setting out the complaint and the relief sought.

[Am by SI 85 of 1975.]

 

9.   Process of the Court and service

   (1) All summonses, warrants, orders, rules, notices and mandatory processes whatsoever of the Court may be signed by any judge of the Court or by the Master and shall be sealed with the seal of the Court. Every order of the Court shall be dated as of the date on which the judgement was given or order made and shall in addition show the date on which the order was extracted.

   (2) Process of the Court may be served in such manner as the Court may direct Service shall ordinarily be personal, but where a party to any proceeding has given an address for service, service may be effected by delivery at that address. The Court may order substituted service of any process and may order that service be deemed to have been effected at any time and in any manner.

   (3) Subject as aforesaid, and unless the Court shall otherwise order, service of any process shall be effected in such manner as would be appropriate if it were process of the High Court.

   (4) The Court may order that process of the Court be served out of the jurisdiction, or that notice thereof be served in-lieu in like manner.

   (5) The Court may in any case order that process of the Court be served upon any party to the proceedings in the Court below on whom it has not been served, or upon any person not party to those proceedings.

 

9A.   Documents not permitted to be e-filed

<FT:Verdana,SN>Notwithstanding any other rules of Court, the following types of documents shall be filed conventionally, unless expressly required to be filed electronically by the Court:

      (a)   any document required to be filed under the Criminal Procedure Code Act;

      (b)   documents filed under seal;

      (c)   audio recordings not expressly authorized by the Court, in writing, for filing electronically; and

      (d)    affidavits of service for conventionally served or filed documents.

[Rule 9A ins by rule 5 of SI 26 of 2012.]<FT:Verdana,SN>

 

9B.   General e-filing guidelines

   (1) Where a matter requires the filing of a document, that document may be filed electronically.

   (2) Any case participant with standing to file conventionally with the Court may file electronically in accordance with these Rules and all applicable laws and rules of Court.

   (3) A party appearing in person may file documents using e-filing or conventional filing.

[Rule 9B ins by rule 5 of SI 26 of 2012.]<FT:Verdana,SN>

 

9C.   E-filing implement-tation

All pleadings, motions, memoranda, orders and other documents electronically filed in a matter shall be maintained in electronic format by the Master and shall be maintained as the original and official record of the Court.

[Rule 9C ins by rule 5 of SI 26 of 2012.]<FT:Verdana,SN>

 

9D.   Format of e-filed documents

   (1) A filing party shall ensure that an electronically filed document is formatted in accordance with the applicable rules governing formatting of paper documents, rules of procedure and such other formats as the Court may require:

Provided that those formats shall not cause participants to a matter to invest significant resources in making changes to the document.

   (2) The Master shall not reject document solely for the reason that it is not in substantial conformity with a specific rule of procedure or written law.

[Rule 9D ins by rule 5 of SI 26 of 2012.]<FT:Verdana,SN>

 

9E.   Accepted file formats

   (1) A participant may electronically transmit a document in Microsoft Word, Microsoft Works, Microsoft Excel, Rich Text Format, WordPerfect, Portable Document Format and any standard nonproprietary graphic formats.

   (2) All documents electronically filed shall, upon acceptance and filing by the Registrar, be converted to Portable Document Format in compliance with the requirements set out in these Rules.

   (3) The Court may require a participant to produce the original of a scanned exhibit that has been filed electronically by the participant.

   (4) Parties and other case participants shall ensure that all proposed forms of order are submitted electronically in a Microsoft Word file format.

[Rule 9E ins by rule 5 of SI 26 of 2012.]<FT:Verdana,SN>

 

<FT:Verdana,SN>9F.   Hyperlinks, bookmarks and other electronic <FT:Verdana,SN>navigational aids

   (1) An electronically filed document may include hyperlinks, bookmarks and other electronic navigational aids for the convenience of the Court.

   (2) A hyperlink shall not form part of the filed document.

   (3) Each hyperlink shall contain a text reference to the target of the link.

   (4) Notwithstanding anything contained in these Rules, a hyperlink shall not form part of the official Court record and shall not be preserved in electronically filed documents submitted and stored on the Master’s electronic document management system.

[Rule 9F ins by rule 5 of SI 26 of 2012.]<FT:Verdana,SN>

 

9G.   User ID and electronic signatures

   (1) The Master shall ensure that every party and practitioner is registered and provide each with a personally selected user name (ID) and password.

   (2) The user name referred to in sub-rule (1) shall, when used in conjunction with the personally selected password, constitute a signature of the registered participant on documents submitted to the Court or by the Court.

   (3) Notwithstanding sub-rule (2), a participant may apply an electronic signature to a document to be submitted to the Court.

   (4) In order to ensure the intent of the filing participant, the signature line on an electronically filed document shall bear the printed name of the filing participant preceded by the symbol “/s/”.

   (5) An electronic document may be signed by the Master through the use of a printed signature preceded by the “/s/” symbol or through the use of the Court’s e-filing Manager (EFM) application judicial signature stamp.

   (6) The e-filing manager (EFM) application judicial signature stamp shall be merged with the electronic document and shall be viable when the document is printed and viewed electronically.

   (7) A document requiring the signature of a party or participant or other identifying indicators shall be filed with the Court in paper format and scanned and maintained consistent with applicable record retention schedules and archival rules.

[Rule 9G ins by rule 5 of SI 26 of 2012.]<FT:Verdana,SN>

 

9H.   File transmission confirmation, acceptance and rejection

(1) The Master shall, upon completion of the transmission of an electronic document for filing, immediately scan the document for viruses.

(2) Where the document transmitted under sub-rule (1) is free from infection, the document shall be deemed submitted and the Master shall send an acknowledgement of receipt of the document to the filing participant.

(3) A document which has been successfully received shall be reviewed for compliance with all standard filing practices and, if it complies with the standards, shall be accepted and deemed filed as of the date and time it was received by the Master’s e-filing system.

(4) Where a document is infected, the Registrar shall discard and send the document with a notice to the filing participant that the document was infected and has not been filed.

(5) A notice under sub-rule (4) shall be sent to a filing participant or any authorized third party facilitating entity and shall set forth the grounds for rejection.

(6) A party whose document has been rejected may re-submit any rejected document with appropriate corrections.

(7) A document received under sub-rule (4) shall be received subject to such review, payment of applicable fees and acceptance by the Master.

(8) The Master shall, upon completion of the electronic filing review process, send notification of the filing’s status and, if accepted, the official file date and time of the filing.

(9) A document accepted for filing by the Master shall be electronically file stamped with the time and date of filing and the name of the Master accepting the filing, and the words “ELECTRONICALLY FILED.”(10) The file stamp referred to in sub-rule (9) shall be merged with the electronic document and shall be visible when the document is printed and viewed online.

(11) An electronically filed document that does not bear an electronic file stamp shall be deemed to be incomplete.

(12) An e-filing file stamped in accordance with these Rules shall have the same force and effect as documents filed in the conventional manner.

[Rule 9H ins by rule 5 of SI 26 of 2012.]<FT:Verdana,SN>

 

9I.   Responsibility for filing

A participant who files a document electronically shall have the same responsibility as a person filing a document in paper format for ensuring that the document is properly filed, complete and legible and that the appropriate copies have been provided to other parties in the case.

[Rule 9I ins by rule 5 of SI 26 of 2012.]

 

10.   Form of proceedings

   (1) All proceedings in the Court shall be on metric A4 paper of good quality, unless the nature of the document renders it impracticable, and shall be clear and easily legible and may be printed, mimeographed, typewritten, written or reproduced in photostat, or in any combination of those media. Only one side of the paper shall be used and a margin of not less than 4 centimetres shall be left on the left-hand side of each sheet to permit of binding in book form.

   (2) Whatever medium of reproduction may be adopted the taxing officer shall on taxation allow only those costs which would in his opinion have been incurred by using the most economical method permitted.

   (3) A record of appeal shall be bound in book form with an outside cover of stout paper, and may, if long, be in more volumes than one. The title of the appeal shall appear on the outside cover.

   (4) A record of appeal shall be paged continuously throughout, but in criminal cases the preliminary pages comprising the documents relating to the appeal may for this purpose be disregarded.

   (5) Every fifth line of every record of appeal shall be indicated by numbering in the unbound portion of the margin.

 

11.   Power to amend

The Court shall have power to allow amendment of any proceedings in the Court.

 

12.   Extension of time and late applications

   (1) The Court shall have power for sufficient reason to extend time for making any application, including an application for leave to appeal, or for bringing any appeal, or for taking any step in or in connection with any appeal, notwithstanding that the time limited therefor may have expired, and whether the time limited for such purpose was so limited by the order of the Court or by these Rules, or by any written law.

<FT:Verdana,SN>   (2) An application to the Court for an extension of time in relation to a judgment or the date of expiration of the time within which the application ought to have been made shall be filed at the registry within twenty-one days of the judgment or such time within which the application ought to have been made unless leave of the Court is obtained to file the application out of time.

[Rule 12(2) ins by rule 6(a) of SI 26 of 2012.]

   (3) An application to the Court for an extension of time under this rule in criminal cases shall be in Form CRIM/3 and in Civil cases in Form CIV/2 of the Third Schedule.

[Rule 12(2) renumbered as 12(3) by rule 6(b) of SI 26 of 2012.]

   (4) In any order extending the time for doing any act, the Court shall specify the time within which such act shall be done.

[Rule 12(3) renumbered as 12(4) by rule 6(b) of SI 26 of 2012.]

   (5) The Registrar of the High Court or the Master, as the case may be, shall not file any notice of appeal or other document instituting an appeal or any application which is delivered after the expiration of the times set out in these Rules unless leave to appeal or to make application out of time has been obtained, but shall notify the appellant or his practitioner that his appeal or application is out of time.

[Rule 12(4) renumbered as 12(5) by rule 6(b) of SI 26 of 2012.]

 

13.   Prescribed fees

The fees set out in the First Schedule shall be payable in respect of proceedings in and in relation to the Court:

Provided that no fees shall be payable upon a criminal appeal, or on any application in connection therewith, or for the supply of a copy of the record of appeal therein to any appellant or respondent.

 

14.   Prescribed forms

The forms set out in the Third Schedule shall be used when applicable and practicable with such variations as the circumstances of the particular case require.

 

15.   Costs

   (1) The costs of any proceedings in the Court, unless assessed by the Court, shall be taxed by the <FT:Verdana,SN>Deputy Registrar or such other officer of the Court as the Chief Justice may designate in any particular case or cases, in accordance with the provisions and scales set out in the Second Schedule.

[Rule 15(1) am by rule 7 of SI 26 of 2012.]

   (2) If in any civil appeal the services of any interpreter other than an official Court interpreter are required, the Court may direct that the expenses and fees of such interpreter shall be borne by any party and the same may be assessed or taxed accordingly.

   (3) Any person aggrieved by an order on taxation may apply to a single judge to have the order complained of set aside or varied, and such judge may make such order thereon as he thinks fit.

   (4) Any person aggrieved by an order of such judge may apply to the court to set aside or vary such order, and the court may make such order thereon as it thinks fit.

 

16.   Notice of hearing and non-appearance at hearing

   (1) The Master shall, after obtaining directions from the Chief Justice, cause notice of the date, time and place of hearing of an application or appeal to be served upon the appellant and respondent or their practitioners.

   (2) It shall not be necessary to serve notice of hearing on any person who has lodged a statement of his case under rule 34 and who has signified that he does not intend to appear at the hearing.

   (3) The Court may issue a notice of hearing to parties in any appeal listed before it;

[Rule 16(3) ins by rule 8(a) of SI 26 of 2012.]

   (4) When at the time set down for the hearing of an application or appeal there is no appearance for the appellant and no written argument has been submitted in terms of rule 34, the Court may strike out the application or appeal or may proceed to determine the application or appeal after hearing any other party or practitioner present and entitled to be heard.

[Rule 16(3) renumbered as 16(4) by rule 8(b) of SI 26 of 2012.]

 

17.   Applications to the High Court first

Whenever application may be made to the Court or to the High Court, it shall be made in the first instance to the High Court.

 

18.   Applications to the Court

   (1) An application to the Court not involving the decision of an appeal shall, unless made informally in the course of the hearing of an appeal, be made in the first place to a single judge.

   (2) An application made under sub-rule (1) shall be filed within twenty-one days of the judgment in respect of which the application relates unless leave of the Court is obtained to file it out of time;

[Rule 18(2) ins by rule 9(a) of SI 26 of 2012.]

   (3) Applications to a single judge shall be heard in open court or in chambers as the single judge may direct.

[Rule 18(2) renumbered as 18(3) by rule 9(b) of SI 26 of 2012.]

   (4) If an appeal is pending, any application made in connection therewith shall be intituled in the appeal.

[Rule 18(3) renumbered as 18(4) by rule 9(b) of SI 26 of 2012.]

   (5) If no appeal is pending, an application shall be intituled as a criminal or civil application and in the matter of the intended appeal or otherwise as may be appropriate.

[Rule 18(4) renumbered as 18(5) by rule 9(b) of SI 26 of 2012.]

   (6) For the purpose of this rule, an appeal shall not be pending until it has been duly entered in the register of the Court.

[Rule 18(5) renumbered as 18(6) by rule 9(b) of SI 26 of 2012.]

   (7) For the purpose of constituting a Court, the single judge who has dealt with or refused any application may sit as a member of such Court and take part in determining such application.

[Rule 18(6) renumbered as 18(7) by rule 9(b) of SI 26 of 2012.]

 

19.   Preliminary objection

19. (1) A respondent shall, where the respondent intends to take a preliminary objections to any appeal, not less than seven days prior to the hearing of the appeal, give notice thereof to the Court and to the other party to the appeal

   (2) The Court may, where the notice referred to in sub-rule (1) is not given, refuse to entertain the objection or adjourn the hearing and make such order as it may consider just.

   (3) This rule shall apply to a cross-appeal.

[Rule 19 subs by rule 10 of SI 26 of 2012.]

 

20.   Adjournment

The Court shall have power to adjourn any proceedings pending or current before it from time to time and from place to place.

PART II
CRIMINAL APPEALS

 

21.   Application

This Part shall apply only to criminal appeals and applications and to matters related thereto.

 

22.   Institution of appeal

Every appeal shall be brought by notice of intention to appeal or by an application for leave to appeal.

 

23.   Notice of intention to appeal

   (1) Every notice of intention to appeal shall be in writing and shall be lodged in <FT:Verdana,SN>quintuplicate with the Registrar of the High Court within fourteen days of the date of the judgment appealed against.

[Rule 23(1) am by rule 11(a) of SI 26 of 2012.]

   (2) Every notice of intention to appeal shall state shortly the effect of the judgment appealed against, shall contain a full and sufficient address, <FT:Verdana,SN>including an electronic mail address, where applicable at which any notice or document connected with the appeal may be served upon the appellant or upon his practitioner, and, subject to the provisions of rule 28, shall be signed by the appellant or his practitioner.

[Rule 23(2) am by rule 11(b) of SI 26 of 2012.]

   (3) The Registrar of the High Court shall forthwith transmit two copies of the notice of intention to appeal to the Master who shall enter the appeal in the register and inform the Registrar of the High Court of the serial number assigned thereto.

   (4) Upon receipt of a notice of intention to appeal, the Master shall notify the Director of Public Prosecutions thereof by sending him a copy of the notice.

   (5) Where more persons than one have been jointly tried and any two or more of them desire to appeal, they may at their option file separate or joint notices of intention to appeal. Every notice of intention to appeal shall be deemed to institute one appeal, but where more appeals than one are brought arising from convictions at the same trial they shall, unless the Court otherwise orders, be deemed to have been consolidated and shall proceed as one appeal.

   (6) A notice of intention to appeal shall be substantially in Form CRIM/1 of the Third Schedule.

 

24.   Leave to appeal

   (1) Save where leave to appeal has been given by the High Court as provided in sub-section (1) of section 14 of the Act, an appellant seeking leave to appeal shall apply for such leave by lodging with the Master within fourteen days of the judgment against which he intends to appeal a notice in <FT:Verdana,SN>quintuplicate substantially in Form CRIM/2, and the Master shall forthwith enter the application in the register and notify the Registrar of the High Court of the application and the serial number assigned thereto:

Provided that where leave to appeal is given by the High Court when judgment is pronounced, notice of intention to appeal shall be lodged in the manner provided by rule 23 and shall be endorsed by the Registrar of the High Court with a certificate that such leave has been granted.

[Rule 24(1) am by rule 12 of SI 26 of 2012.]

   (2) Where leave to appeal is given by the Court or a single judge, the Master shall notify the Director of Public Prosecutions and shall send him a copy of the notice of application for leave to appeal.

 

25.   Grounds of appeal

   (1) The appellant shall include in the notice of intention to appeal grounds of appeal setting out in paragraphs numbered consecutively particulars of the matters in regard to which the court below is alleged to have erred:

Provided that if grounds of appeal are not so included the appellant shall file grounds of appeal as aforesaid within fourteen days after receipt of the copy of the record referred to in rule 31 and should the appellant fail to file grounds of appeal within such period the appeal shall be deemed to have been abandoned.

[Rule 25(1) am by rule 13 of SI 26 of 2012.]

   (2) Where grounds of appeal have been included in the notice of intention to appeal the appellant may file additional or amended grounds of appeal within fourteen days after receipt of the copy of the record.

   (3) Every application for leave to appeal shall contain a statement of the appellant's grounds of appeal as aforesaid and if leave is granted the appellant may file additional or amended grounds of appeal within fourteen days of receipt of the record.

   (4) Except by leave of the court the appellant shall not be permitted on the hearing of the appeal to rely on any grounds of appeal other than those referred to in this rule, but nothing in this sub-rule shall restrict the power of the court to make such order as the justice of the case may require.

 

26.   Other criminal applications

Any application made to the Court and not specifically dealt with elsewhere in these Rules shall be brought by notice in writing setting out the nature of the application and shall be lodged in triplicate with the Master.

 

27.   Procedure where single judge refuses application

Where any application has been dealt with by a single judge, the Master shall notify the appellant in Form CRIM/11 of the decision thereon. When an appellant is notified that such application has been refused he shall, if he wishes his application to be heard by the full Court, lodge with the Master within fourteen days of receipt of such notification a notice substantially in Form CRIM/12 requesting his application to be heard by the full Court. If the appellant has not lodged such notice within the time prescribed, the refusal of his application by such judge shall be final.

[Am by SI 85 of 1975.]

 

28.   Signature of proceedings

   (1) If the appellant is of unsound mind or is under any disability which prevents him from signing his name, any notice or proceedings may be signed on his behalf by a practitioner or by any person including a medical officer or officer in charge of the prison in whose care or custody he may be for the time being.

   (2) In lieu of a signature an appellant may append his mark or his thumbprint to any notice or proceedings.

 

29.   Stay of execution

   (1) Subject to the provisions of section 18 of the Act no appeal shall operate as a stay of execution, but the High Court or the Court may stay execution on any judgment, pending appeal, on such terms as to security for the payment of any money or the performance or non- performance of any act or the suffering of any punishment ordered by or in such judgment, as to such Court may seem reasonable.

   (2) A renewal application for stay of execution shall be made within three days of the decision of the lower Court:

Provided that the Court may grant leave to hear the renewal application out of time on such grounds as it may consider fit and upon payment of the prescribed fee.

[Rule 29(2) ins by rule 14(a) of SI 26 of 2012.]

(3) Where an application for stay of execution is in respect of a criminal matter, the application shall be made within seven days of the decision of the High Court:Provided that the Court may, where it is satisfied that the delay in executing the judgment was not deliberate, permit the applicant to file the application out of time.

[Rule 29(3) ins by rule 14(a) of SI 26 of 2012.]

   (4) Where stay of execution of a judgment containing a sentence of imprisonment is ordered under sub-rule (1) and the Court subsequently dismisses the appeal, or makes an order that the appellant shall serve some term of imprisonment, then the time during which the execution of the judgment was so stayed shall be excluded in computing the term of such sentence unless the Court otherwise orders.

[Rule 29(2) renumbered as 29(4) by rule 14(b) of SI 26 of 2012.]

 

30.   Grounds of decision

If in any case the Court considers that explanation of the judgment of the trial court would be of assistance to the Court, it may direct that such explanation shall be furnished and shall form part of the record of the proceedings in addition to the judgment.

 

31.   Preparation of record

   (1) Upon receipt of a notice of intention to appeal or application for leave to appeal, the Registrar of the High Court shall forthwith prepare the record and transmit to the Master five copies thereof together with the original record (including where appropriate the original record of any preliminary inquiry). Original exhibits, other than documentary exhibits, shall not ordinarily be so transmitted but shall be retained by the Registrar of the High Court who shall transmit the same to the Court only if the Court shall so direct.

   (2) The Registrar of the High Court shall also furnish each appellant and each respondent to an appeal with a copy of the said record.

   (3) Every record shall be prepared in accordance with rule 10 and shall compromise the following items in the order in which they are hereinafter set out:

      (a)   in the case of a first appeal:

      (i)    a complete index of the evidence and all proceedings and documents in the case showing the pages at which they appear. As regards the trial judge's notes of the evidence and any transcript of a shorthand note or an electronic or other mechanical recording of the evidence, the index shall show the names of all witnesses and the relevant pages of the record as well as indicating the numerical sequence of witnesses. Whenever the record comprises more than one volume, the index shall appear in the first volume only;

      (ii)   a certificate of record as required by sub-rule (4);

      (iii)   the notice of intention to appeal;

      (iv)   any grounds of appeal filed separately from the notice of intention to appeal, or additional or amended grounds of appeal;

      (v)   a copy of the appeal aid certificate (if any) granted by the High Court;

      (vi)   the information or charge;

      (vii)   the plea;

      (viii)   the proceedings including the evidence as recorded in the trial judge's notes of the trial or, if such proceedings were recorded by shorthand or by means of a recording apparatus, a copy of the transcript thereof:

Provided that the court may call for the production of the judge's notes of the proceedings;

      (ix)   a record of the evidence adduced, if any, in mitigation of sentence;

      (x)   in the case of a trial with assessors, the summing up to the assessors and their recorded opinions;

      (xi)   the judgment and sentence of the High Court;

      (xii)   any explanation of the judgment furnished pursuant to rule 30;

      (xiii)   a record of the proceedings on or after sentence, in so far as not included in the note or transcript of the hearing;

      (xiv)   a list of the previous convictions (if any) of the accused;

      (xv)   a list of the exhibits put in at the trial, indicating those which are being retained by the trial court and those which are being forwarded to the Court;

      (xvi)   all documentary exhibits put in at the trial, including any deposition admitted in the absence of an intended witness, photographs and plans:

Provided that in the case of books of account or documents of great length or bulkiness, copy extracts of the relevant parts thereof only shall be included;

      (xvii)   any other documents which the trial judge may order to be included, or which appear to the Registrar of the High Court to be necessary for the proper disposal of the appeal, such as reports on the appellant's state of mind or health, made after sentence;

      (b)   in the case of a second appeal:

      (i)   a complete index of the evidence and all proceedings and documents in the case showing the pages at which they appear. As regards the notes of the evidence taken at the trial or any transcript of a shorthand note or electronic or other mechanical recording of such evidence, the index shall show the names of all witnesses and the relevant pages of the record as well as indicating the numerical sequence of witnesses. Whenever the record comprises more than one volume the index shall appear in the first volume only;

      (ii)   a certificate of record as required by sub-rule (4);

      (iii)   the application for leave to appeal or, where leave to appeal has been given by the High Court as provided in sub-section (1) of section 14 of the Act, the notice of intention to appeal;

      (iv)   any grounds of appeal filed separately from the application for leave to appeal or the notice of intention to appeal, as the case may be, or additional or amended grounds of appeal;

      (v)   the notice of appeal to the High Court;

      (vi)   a copy of the appeal aid certificate (if any) granted by the High Court;

      (vii)   the proceedings including the evidence as recorded in the trial magistrate's notes of the trial or, if such proceedings were recorded by shorthand or by means of a recording apparatus, a copy of the transcript thereof:

Provided that the court may call for the production of the magistrate's notes of the proceedings;

      (viii)   the judgment of the High Court;

      (ix)   any explanations of the judgment of the trial court furnished pursuant to rule 30;

      (x)   a record of the proceedings on or after sentence, in so far as not included in the note or transcript of the hearing;

      (xi)   a record of any additional evidence given, or any exhibits received, at the hearing of the appeal before the High Court;

      (xii)   any other documents which the judge hearing the appeal in the High Court may order to be included, or which appear to the Registrar of the High Court to be necessary for the proper disposal of the appeal, such as reports on the appellant's state of mind or health, made after sentence.

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