SUPREME COURT ACT: SUBSIDIARY LEGISLATION(CHAPTER 25 )

"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" , 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;

“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;

“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

“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.]

(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.]

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.]

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.

{mprestriction ids="2,3,5"}

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

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.]

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.]

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.]

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.]

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.]

9F. Hyperlinks, bookmarks and other electronic 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.]

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.]

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.]

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.

(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 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 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, 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 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.

(4) It shall not be necessary that copies of individual documents be separately certified, but the Registrar of the High Court, or any officer of such court appointed by him for such purpose, or, in the case of a direct appeal, the clerk of the subordinate court, shall certify as correct each copy of the record to be transmitted by him under the provisions of this rule.

32. Procedure where appellant in prison

(1) If the appellant is in prison he shall be deemed to have complied with the requirements of these Rules if he gives to the officer in charge of the prison his notice of intention to appeal or application for leave to appeal within the time prescribed.

(2) Such officer shall forthwith record on such notice or application the date of receipt thereof and shall forward the same to the Registrar of the High Court.

33. Abandonment of appeal

(1) An appellant, at any time after he has lodged notice of intention to appeal or notice of application for leave to appeal, or for an extension of time within which such notice shall be given, may abandon his appeal or application by giving notice thereof to the Master substantially in Form CRIM/5 of the Third Schedule and, upon such notice being given, the appeal or application shall without further order be deemed to have been dismissed or refused by the Court.

(2) The Master shall give notice of such dismissal or refusal to the Registrar of the High Court and to the respondent and, if any stay of execution has been granted, the sentence or order of the High Court shall forthwith be enforced.

(3) If an appellant is alleged to be of unsound mind, his appeal or application shall not be abandoned without leave of the Court.

34. Presentation of appellant's case in writing

An appellant shall, where the appellant wishes to present the appellant’s case in writing, in accordance with the provisions of subsection (2) of section 19 of the Act, within fourteen days of the appellant’s receipt of the copy of the appellant’s case, which shall include heads of argument, with the master and serve them on the respondent.

[Rule 34 subs by rule 15 of SI 26 of 2012.]

35. Heads of argument

(1) The Court may require an appellant or respondent who will be represented by a practitioner at the hearing of the appeal, to prepare a document setting out the main heads of the appellant’s or respondent’s argument together with the authorities to be cited in support of each head, and to submit electronically or deliver thirteen copies of the heads of argument to the Master and one copy thereof to each of the other parties to the appeal within fourteen days prior to the days fixed for the hearing of the appeal.

(2) The respondent may, upon receipt of the heads of argument referred to in sub-rule (1), within seven days prior to the day fixed for hearing of the appeal, reply to the heads or argument.

[Rule 35 subs by rule 16 of SI 26 of 2012.]

36. Attendance at hearing

(1) If the appellant is the People, it shall not be necessary for the repondent to appear at the hearing of the appeal, but if the Court is disposed to allow the appeal it may direct his attendance to hear judgment:

Provided that the Court may for any sufficient reason direct his attendance at any earlier time.

(2) If on the day fixed for the hearing of an appeal the appeallant does not appear in person or by practitioner, the appeal may, if the appellant has presented his case in writing or has informed the Court that he does not wish to attend, be heard in his absence, and in any other case may, in the discretion of the Court, be summarily dismissed or heard in the appellant's absence.

(3) Where an appeal is dismissed under sub-rule (2), the Court may restore the appeal for hearing if it is proved to the satisfaction of the Court that the appellant was prevented by any sufficient cause from appearing, whether in person or by practitioner, when the appeal was called on for hearing.

(4) An application for restoration shall be made within thirty days from the date of dismissal of the appeal.

[Rule 36(4) am by rule 17 of SI 26 of 2012.]

37. Irregularities

The Court may, in its discretion, on the application of any person desirous of appealing or cross-appealing who may be debarred from so doing by reason of his not having observed some formality or some requirement of these Rules, permit such person to prosecute his appeal or cross-appeal, as the case may be, upon such terms as to costs or otherwise and subject to such directions as it may consider desirable in order that substantial justice may be done in the matter.

38. Hearing and orders on appeal

At the hearing of an appeal the Court shall hear the appellant or his practitioner, if he appears, and, if it thinks fit, the respondent or his practitioner, if he appears, and may hear the appellant or his practitioner in reply, and the Court shall thereupon, subject to the provisions of rule 41, determine the said appeal, and may make any order therein in conformity with the provisions of the Act as to it may seem just, and may by such order exercise any power which any court below might have exercised.

39. Additional evidence and report

(1) In dealing with any appeal the Court may, if it thinks additional evidence to be necessary, either take such evidence itself or direct it to be taken by the trial court or by the Master or by some other person as commissioner.

(2) When additional evidence is taken by the trial court it shall certify such evidence, with a statement of its opinion as to the credibility of the witness or witnesses giving such additional evidence, to the Court. When additional evidence is taken by the Master or a commissioner, he shall certify such evidence to the Court. The Court shall thereupon proceed in either case to dispose of the appeal.

(3) The parties to the appeal shall be entitled to be present when such additional evidence is taken, but such evidence shall not be taken in the presence of a jury or assessors.

(4) In dealing with any appeal the Court may also, if it thinks fit, call for and receive from the trial court a report on any matter connected with the trial, and in dealing with any second appeal, the Court may in addition, if it thinks fit, call for and receive from the High Court a report on any matter connected with the appeal proceedings before it.

40. Order for disposal of property

When an order for the restitution of any property to any person, or for the forfeiture or other disposal of any property belonging to any person, has been made by any court below in the course of any criminal trial or appeal, then any person in whose favour or against whom any such order has been made, and, with the leave of the Court, any other person, shall, on the hearing by the Court of an appeal against the judgment whether at first instance or on appeal relating to the conviction in respect of which such order was made, be entitled to be heard by the Court in regard to such order.

41. Judgment in criminal cases

(1) On the termination of the hearing of an appeal the Court shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver judgment in open court:

Provided that if the presiding judge so directs the Court shall not sit for the purpose of delivering judgment, but the judgment of the Court or of the members of the Court, as the case may be, shall be read in open court by a judge thereof or by the Master at the time and place appointed or fixed as aforesaid.

(2) The Court shall ordinarily give only one judgment, which may be pronounced by the presiding judge or by such other member of the Court as the presiding judge may direct:

Provided that-

(i) if any judge of the Court dissents from the judgment of the Court it shall not be obligatory on him to sign the same;

(ii) separate judgments shall be delivered if the presiding judge so directs.

(3) The judgment of any member of the Court who is absent may be read by any other judge of the Court or by the Master.

42. Order

(1) Whenever a criminal appeal or matter is decided, the judgment or order of the Court shall be embodied in a formal order by the Master, and a sealed copy of such order shall be sent by the Master to the trial court and, in the case of a second appeal, to the High Court. In drawing up such order it shall not be necessary for the Master to consult the parties to the appeal or their practitioners.

(2) The trial court and, in the case of a second appeal, the High Court, shall thereupon make such orders as are necessary and comformable to the order of the Court and, if necessary, the record shall be amended in accordance therewith.

43. Notifying decision

The Master shall inform each court below and, when the appellant is in prison, the officer in charge of the prison, and so far as possible any party to any proceeding in the Court who was not present or represented at the hearing thereof, of the result of such proceeding.

[Am by SI 85 of 1975.]

44. Costs

On the hearing and determination of an appeal or any proceedings preliminary or incidental thereto, no costs shall be allowed on either side unless the Court otherwise orders.

45. Return of original depositions and exhibits Bail

Upon the final determination of an appeal the Master shall return any original depositions and exhibits to the Registrar of the High Court.

46. Bail

(1) An application for bail to the Court shall be made substantially in Form CRIM/6 of the Third Schedule.

(2) The provisions of sections 123 to 131 (both inclusive) and 133 of the Criminal Procedure Code shall apply mutatis mutandis to applications for, and the grant of, bail by the Court.

PART III
CIVIL APPEALS

47. Application and interpretation

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

48. Civil applications

(1) Applications to a single judge shall be made by motion within fourteen days of the decisions complained of, which shall state the grounds of the application, and shall if necessary be supported by affidavits. The proceedings and other documents relating thereto shall be filed in duplicate.

[Rule 48(1) am by rule 18(a) of SI 26 of 2012.]

(2) Notice of motion and copies of any affidavits and other documents filed shall be served on all necessary parties not less than two clear days before the hearing:

Provided that in case of urgency application may be made ex parte and without notice, but in any case a certificate of urgency signed by the practitioner for the applicant, or, if none, by the Master, shall be filed with the proceedings.

(3) Any application made to a single judge may be adjourned by him for the consideration of the Court. In such event the applicant shall before the date of the adjourned hearing file three extra copies of any affidavits filed by any respondent prior to such order for adjournment, for the use of the Court.

(4) Any person aggrieved by any decision of a single judge who desires to have such decision varied, discharged or reversed by the Court under paragraph (b) of section 4 of the Act, shall in like manner file before the hearing by the Court three extra copies of the proceedings, including copies of any affidavits filed by any other party prior to the single judge's decision, for the use of the Court.

(5) An application involving the decision of an appeal shall be made to the Court in like manner as aforesaid, but the proceedings shall be filed in thirteen hard copies and an electronic copy and the application shall be heard in Court unless the Chief Justice or presiding judge shall otherwise direct.

[Rule 48(5) am by rule 18(b) of SI 26 of 2012.]

(6) Every order on an application, other than an order for adjournment or an order made without formal application in the course of the hearing of an appeal, shall be drawn up and filed with the proceedings at the instance of the party in whose favour the order was granted.

(7) A notice of motion shall be substantially in Form B of the Third Schedule, and the relative motion paper shall be in similar form.

(8) A summons shall be substantially in Form C of the Third Schedule.

49. Notice of appeal

(1) Any person desiring to appeal to the Court shall give notice of appeal as hereinafter provided.

(2) the notice of appeal shall be intituled in the proceedings from which it is intended to appeal and shall be filed therewith in duplicate with the Registrar of the High Court, and shall be so filed within thirty days after the judgment complained of. The Registrar of the High Court shall forward one copy of the notice to the Master. One copy of the notice of appeal for each party directly affected by the appeal shall at the same time be submitted by the Registrar of the High Court to the Master for sealing and return to the appellant or his practitioner for service in accordance with sub-rule (5).

(3) A notice of appeal shall be substantially in Form CIV/1 of the Third Schedule.

(4) Any appellant may appeal from the whole or any part of a decision and the notice of appeal shall state whether the whole or part only, and what part, of the decision is complained of.

(5) A notice of appeal, together with the memorandum of appeal, shall be lodged and served, within a period of fourteen days, on all parties directly affected by the appeal or on their practitioner.

[Rule 49(5) subs by rule 19(a) of SI 26 of 2012.]

(6) The names and addresses of all persons intended to be served with a notice of appeal shall be stated in the notice of appeal.

[Rule 49(6) ins by rule 19(b) of SI 26 of 2012.]

(7) A notice of appeal, together with the memorandum of appeal, may be lodged and filed in electronic form.

[Rule 49(7) ins by rule 19(b) of SI 26 of 2012.]

(8) A memorandum of appeal shall be in Form CIV/3 set out in the Third Schedule

[Rule 49(8) ins by rule 19(b) of SI 26 of 2012.]

(9) The Court may in any case direct that the notice of appeal be served upon any party to the proceedings in any court below on whom it has not been served, or upon any person not party to those proceedings.

[Rule 49(6) renumbered as rule 49(9) by rule 19(c) of SI 26 of 2012.]

50. Leave to appeal

(1) Leave to appeal to the Court may be granted or refused by the High Court without formal application at the time when judgment is given, and in such event the judgment shall record that leave has been granted or refused accordingly. If leave is granted, the appellant shall proceed to give notice of appeal in accordance with the provision of rule 49.

(2) In all other cases application to the High Court for leave to appeal to the Court shall be by motion or summons, which shall state the grounds of the application, and shall, if necessary, be supported by affidavit. Such application shall be intituled and filed in the proceedings from which it is intended to appeal, and all necessary parties shall be served. If leave is granted, the order giving leave shall be included in the record of appeal. If leave is refused, the order refusing leave shall be produced on any application for leave to appeal made subsequently to the Court.

(3) An application to the Court for leave to appeal shall be made in accordance with rule 48.

51. Appeal not to operate as stay of execution

An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from unless the High Court or the Court so orders and no intermediate act or proceeding shall be invalidated except so far as the Court may direct.

52. Certificate of grounds of judgment

(1) On the application of any person who has within the time limited given notice of appeal against any judgment, the judge who gave or made the same shall, unless the judgment was written, certify in writing the grounds of such judgment; but delay or failure so to certify shall not prevent the appellant from proceeding with his appeal.

(2) The Master of the Court shall on the application of any party and upon payment of the prescribed fee furnish such party with a copy of the judgment or, as the case may be, the certificate in writing of the grounds of the judgment.

[Rule 52 am by SI 85 of 1975; 52(2) am by rule 20 of SI 26 of 2012.]

53. Address for service

(1) Where in any proceeding in the High Court a party has given an address for service, notice of appeal from any judgment pronounced in such proceeding may be served on such party at such address for service notwithstanding that the address may be that of a practitioner who has not been retained for the purpose of an appeal; and notice of any application preparatory or incidental to any such appeal may be served in like manner at any time before the date on which the respondent gives or ought to give notice of his address for service in accordance with sub-rule (2).

(2) A person who by virtue of service on that person of a notice of appeal becomes a respondent to any intended appeal shall, within seven days after service on that person of the notice of appeal, file with the Registrar of the High Court and serve on the appellant notice of a full and sufficient address for service, including, where available, an electronic mail address, and shall also within a further seven days, serve a copy of the notice of address for service on every other respondent named in the notice of appeal who has filed a notice of an address for service.

[Rule 53(2) subs by rule 21(a) of SI 26 of 2012.]

(3) A person, where the person has filed a notice of appeal with the Registrar of the High Court, as soon as practicable, file a copy thereof in the Registry;

[Rule 53(3) ins by rule 21(a) of SI 26 of 2012.]

(4) Such notice shall be substantially in Form CIV/4 of the Third Schedule and may be signed by the respondent or his practitioner.

[Rule 53(3) renumbered as rule 59(4) by rule 21(b) of SI 26 of 2012.]

(5) If any respondent fails or omits to file or serve such notice of address for service, it shall not be necessary to serve on him a copy of the record of appeal or of any other proceedings in the appeal or any notice of hearing thereof.

[Rule 53(4) renumbered as rule 59(5) by rule 21(b) of SI 26 of 2012.]

(6) Any party to an appeal or intended appeal may change his address for service at any time by filing and serving on all other parties to the appeal or intended appeal notice of such change.

[Rule 53(5) renumbered as rule 59(6) by rule 21(b) of SI 26 of 2012.]

54. Lodging appeal

Subject to any extension of time and to any order made under rule 12, the appellant shall within sixty days after filing notice of appeal lodge the appeal by filing in the Registry five copies of the record of appeal, paying the prescribed fee and lodging in Court the sum of two thousand fee units as security for the costs of the appeal.

[Am by Act 13 of 1994.]

55. Default in lodging appeal

If an appeal is not lodged as aforesaid the respondent may make application to the Court for an order dismissing the appeal for want of prosecution and, or alternatively, for such other order in regard to the appeal as he may require.

56. Security for costs

The Court or a judge thereof may at any time, in any case where it or he thinks fit, upon application or of its or his own motion, order security or further security for costs to be given, and may order security to be given for the payment of past costs relating to the matters in question in the appeal, and may make compliance with any such order a condition precedent to the entertainment of any appeal.

57. Entry of appeal

(1) A register of civil appeals shall be kept in the Registry.

(2) Upon an appeal being lodged as provided in rule 54, the Master shall enter the appeal in the register of civil appeals. Such entry shall include the title of the cause or matter, the name of the appellant and his practitioner, if any, the names of the respondents and their practitioners, if any, and the date of such entry. The Master shall assign a serial number to the appeal and shall inform the appellant of such number.

58. Record of appeal

(1) The record of appeal shall be prepared in accordance with rule 10 and shall include copies of the proceedings in the High Court and in any court below.

[Rule 58(1) am by rule 22(a) of SI 26 of 2012.]

(2) The memorandum of appeal shall be substantially in Form CIV/3 of the Third Schedule and shall set forth concisely and under distinct heads, without argument or narrative, the grounds of objection to the judgment appealed against, and shall specify the points of law or fact which are alleged to have been wrongly decided, such grounds to be numbered consecutively.

(3) The appellant shall not thereafter without the leave of the Court put forward any grounds of objection other than those set out in the memorandum of appeal, but the Court in deciding the appeal shall not be confined to the grounds put forward by the appellant:

Provided that the Court shall not allow an appeal on any ground not stated in the memorandum of appeal unless the respondent, including any person who in relation to such ground should have been made a respondent, has had sufficient opportunity of contesting the appeal on that ground.

(4) The record of appeal shall contain the following documents in the order in which they are set out—

(a) 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 in any court below and 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 the witnesses. Whenever the record comprises more than one volume the index shall appear in the first volume only;

(b) a certificate of record signed by the Registrar of the High Court;

(d) the memorandum of appeal;

(e) a statement showing the address for service of each party to the appeal, if so furnished, or the name and last known address of any respondent who has not filed notice of address for service, together with proof of service on him of the notice of appeal;

(f) a copy of the judgment appealed against, or of the certificate issued under rule 52;

(g) copies of the documents in the nature of pleadings, so far as it is necessary for showing the matter decided and the nature of the appeal;

(h) copies of all affidavits read and all documents put in evidence in the High Court, so far as they are material for the purposes of the appeal, and, if such documents are not in the English language, copies of certified translations thereof; affidavits, together with copies of documents exhibited thereto, shall be arranged in the order in which they were originally filed; other documentary evidence shall be arranged in strict order of date, without regard to the order in which the documents were submitted in evidence;

(i) such other documents, if any, as may be necessary for the proper determination of the appeal, including any interlocutory proceedings which may be directly relevant to the appeal;

(j) a copy of the notes of the hearing at first instance in the court below or, if the hearing was 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 notes of the hearing at first instance;

(k) copy of the Certificate after Trial, if any;

(l) a list of exhibits, or schedule of evidence, as the case may be, indicating those items which are being forwarded to the Master and those which are being retained by a court below;

(m) copies of such exhibits or parts of exhibits (including correspondence) as are relevant to the matters in controversy on the appeal.

(5) The appellant shall file in the Registry thirteen hard copies of the record of appeal, including an electronic copy thereof, together with the heads of argument.

[Rule 58(5) subs by rule 22(b) of SI 26 of 2012.]

(6) The appellant shall, at the same time of filing the record of appeal under sub-rule (5) serve a copy thereof on each party who has been served with the notice of the appeal and has filed a notice of address for service:

Provided that if there is more than one respondent represented by one practitioner, it shall be sufficient to serve one copy on that practitioner.

[Rule 58(6) subs by rule 22(b) of SI 26 of 2012.]

(7) The document setting out the heads of argument shall clearly set out the main heads of the appellant’s arguments together with the authorities to be cited in support of each head of argument.

[Rule 58(7) subs by rule 22(b) of SI 26 of 2012.]

(8) The record shall be prepared by the appellant:Provided that-

(i) If the appellant is not represented by a practitioner, the Registrar of the High Court, upon request by such appellant and on payment of the prescribed charges, shall prepare the record and necessary copies and for that purpose shall be deemed to act as agent of the appellant and not as an officer of the High Court;

(ii) in all cases the Registrar of the High Court shall prepare the copy of the notes of hearing at first instance in the Court below or, if the hearing was recorded by shorthand or by means of a recording apparatus, the transcript thereof, and the appellant shall pay the prescribed charges thereof.

[Rule 58(8) subs by rule 22(b) of SI 26 of 2012.]

(9) Each copy of the record shall be certified by the appellant or his practitioner, or, if prepared by the Registrar of the High Court, by him.

[Rule 58(9) ins by rule 22(b) of SI 26 of 2012.]

(10) For the purposes of sub-rules (8) and (9), “Registrar of the High Court” includes any officer of such Court who may be appointed by the Registrar thereof for the purpose of the preparation of the records.

[Rule 58(10) ins by rule 22(b) of SI 26 of 2012.]

(11) The respondent shall, not later than seven days before the date fixed for the hearing of the appeal, deliver thirteen hard copies and an electronic copy of the respondent’s heads of argument to the Master and one copy thereof to a party to the appeal.

[Rule 58(11) ins by rule 22(b) of SI 26 of 2012.]

59. Supplementary record

(1) If the respondent is of the opinion that the record filed by the appellant is defective he may, without prejudice to his rights, if any, under rule 68, file thirteen hard copies and an electronic copy of a supplementary record of appeal containing copies of any further documents which in his opinion are required for the proper determination of the appeal.

[Rule 59(1) am by rule 23(a) of SI 26 of 2012.]

(2) A supplementary record shall be prepared as nearly as may be in the same manner as a record of appeal and shall be filed within fourteen days of the receipt of the main record of appeal..

[Rule 59(2) am by rule 23(b) of SI 26 of 2012.]

(3) A copy of the supplementary record shall be served on the appellant and on any other respondent who has filed notice of address for service.

60. Costs of record

The Master may disallow on taxation the cost of any matter improperly included in any record or supplementary record of appeal.

61. Respondent's notice of cross-appeal

(1) It shall not be necessary for a respondent to give notice of cross-appeal, but if a respondent intends upon the hearing of the appeal to contend that the judgment of the court below should be varied he may, at any time after receiving notice of appeal, but not more than fourteen days after the service on him of the record of appeal, give notice of cross-appeal, specifying the grounds thereof, to the appellant and to any other respondent named in the notice of appeal who may be affected by such cross-appeal (whether or not such other respondent has filed notice of address for service), and shall file in the Registry within the like period five copies of such notice. Respondent's notice of cross-appeal

(2) A respondent's notice shall be substantially in Form CIV/5 of the Third Schedule.

(3) If the respondent fails to give such notice within the time prescribed he shall not be allowed, except by leave of the Court, to contend on the hearing of the appeal that the judgment appealed against should be varied:

Provided that the Court may in its discretion hear any such contention and may, if it thinks fit, impose terms as to costs, adjournment, or otherwise.

62. Stated cases

(1) The parties to any civil appeal may concur in stating the questions of law or of fact or of both law and fact arising therein in the form of a stated case.

(2) Every such stated case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to determine the appeal.

(3) Upon the argument of the appeal the Court shall be at liberty to refer to the whole contents of such documents as are included in the stated case and the Court shall be at liberty to draw from the facts and documents stated any inference, whether of fact or law, which might have been drawn therefrom if included in the record of appeal.

63. Withdrawal of appeal

(1) An appellant may at any time after lodging the appeal and before the appeal is called on for hearing serve on the parties to the appeal and file in the Registry a notice in Form CIV/7 of the Third Schedule to the effect that he does not intend further to prosecute the said appeal.

(2) If all parties to the appeal consent to the withdrawal of the appeal without order of the Court, the appellant may file in the Registry the document or documents signifying such consent and signed by the parties or by their practitioners, and the appeal shall thereupon be deemed to have been dismissed. In such event any sum lodged in Court as security for the cost of the appeal shall be paid out to the appellant.

(3) If all the parties do not consent to the withdrawal of the appeal as aforesaid, the appeal shall remain on the list, and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties, and for the making of an order as to the disposal of any sum lodged in Court as security for the costs of the appeal.

64. Appeal by respondent where appeal withdrawn

Where an appeal is withdrawn under the preceding rule, or where notice of appeal has been given but the appeal has not been duly lodged, any respondent who has not given a respondent's notice may, within thirty days of the date of the withdrawal of the appeal or of the last day of the period prescribed for the lodging of the appeal, as the case may be, give a respondent's notice and proceed therewith in the manner prescribed by the foregoing rules;

and in any such case the times limited for giving notice of appeal, entering the appeal, furnishing security for costs, and filing and serving the record of appeal may, on application to the Court or, if the appeal has not been lodged, to a judge of the High Court, be extended so far as is reasonably necessary in all the circumstances of the case.

65. Failure to file record

(1) Where an appellant omits to comply with rule 54, any respondent who has given a respondent's notice may proceed with his cross-appeal.

(2) In any such case the respondent shall, as soon as possible, or within such time as may be allowed by the Court, file five copies of a record of appeal, as prescribed by rule 58, and shall serve copies thereof on the appellant and on any other parties to the appeal.

66. Fees and security for costs on cross-appeal

Any respondent who proceeds with a cross-appeal under the provisions of rule 64 or 65 shall be required, unless the appellant has paid the prescribed fee on lodging the appeal, to pay the amount of such fee, but shall not be required to furnish security for costs unless the Court or a judge thereof shall so order.

67. Additional parties

(1) When an appeal is called for hearing or at any previous time the Court or a judge thereof may, either on the application of any party interested or of its or his own motion, direct that the record of appeal, or any respondent's notice, be served on any party to the cause or matter who has not been served therewith, or any other person not already a party to the cause or matter, and may, for the purpose of such service, adjourn the hearing upon such terms as may appear to the Court or a judge thereof to be just, and may give such judgment and make such order as might have been given or made if the parties served with such record or notice had been originally parties.

(2) In any such case the Court or a judge thereof may direct that any additional copies of the record or respondent's notice which may be necessary be prepared and served by any party upon any person and may prescribe the time therefor.

68. Amendment and default

(1) The Court or a judge thereof may at any time allow amendment of any notice of appeal, or respondent's notice, or memorandum of appeal, or other part of the record of appeal on such terms as the Court or such judge thinks fit, and may likewise make any such amendment of its own motion.

(2) If the record of appeal is not drawn up in the prescribed manner, the appeal, may be dismissed.

69. Notice of non- appearance and written argument

(1) An appellant or a respondent may at any time not less than seven days before the day fixed for the hearing but after lodgment file in the Registry a notice in writing, substantially in Form CIV/6 of the Third Schedule, that he does not wish to be present in person or by practitioner on the hearing of the appeal, together with five copies of such argument set out in numbered paragraphs under distinct heads as he desires to submit to the Court.

(2) The appellant or respondent, as the case may be, shall immediatley after filing such notice serve a copy thereof and a copy of his argument on each of the other parties to the appeal or their practitioners.

70. Heads of argument

(1) An appellant or respondent who will be represented by a practitioner at the hearing of the appeal shall prepare a document setting out the main heads of his argument together with the authorities to be cited in support of each head.

(2) The appellant shall, not later than seven days before the day fixed for the hearing, deliver five copies of his heads of argument to the Master and one copy thereof to each of the other parties to the appeal, and each respondent shall, in similar manner, not later than three days before the day fixed for the hearing, deliver his heads of argument.

71. Non-appearance of parties at hearing

(1) Subject to the provisions of rule 69, if on any day fixed for the hearing of an appeal-

(a) the appellant does not appear in person or by practitioner, the appeal may be dismissed;

(b) the appellant appears, and any respondent fails to appear either in person or by practitioner, the appeal shall proceed in the absence of such respondent, unless the Court for any sufficient reason sees fit to adjourn the hearing;

(2) Where any appeal is dismissed, allowed, or struck out under the provisions of sub-rule (1), any party who was absent may apply to the Court, within seven days of the dismissal, allowing or striking out of the appeal, for the re-hearing or hearing of the appeal, as the case may be, and, where it is proved that there was sufficient reason for the absence of such party, the Court may order that the appeal be restored for hearing upon such terms as to costs, or otherwise as it thinks fit.

[Rule 71(2) am by rule 24 of SI 26 of 2012.]

(3) The provisions of this rule shall apply mutatis mutandis to the hearing of any cross-appeal.

72. Hearing of appeals

Appeals to the Court shall be by way of re-hearing on the record and any further evidence received under section 25 of the Act.

72A. Hearing of Presidential petitions

The provisions of the Election Petition Rules under the Electoral Act shall apply with necessary modifications to presidential election petitions.

[Rule 72A ins by rule 2 of SI 17 of 2002.]

73. Judgment in civil cases

(1) The judgment of the court shall be pronounced in open court, either on the hearing of the appeal or at any subsequent time of which notice shall be given by the Master to the parties to the appeal.

(2) Such judgment may be pronounced notwithstanding the absence of the judges who composed the court or any of them, and the judgment of any such judge not present may be read by any judge present or by the Master.

(3) Certified copies of the judgment shall be sent by the Master to the High Court and any court below, and to the parties or their practitioners in hard copy or electronic form.

[Rule 73(3) am by rule 25(a) of SI 26 of 2012.]

(4) An interested party may obtain a copy of the judgment in hard copy or electronic form upon payment of the prescribed fee.

[Rule 73(4) ins by rule 25(b) of SI 26 of 2012.]

74. Interest

On any appeal, interest on any sum remaining due or damages payable as a result of the termination of the appeal shall be allowed for such time as satisfaction of the judgment shall have been delayed by the appeal, unless the Court otherwise orders, at the rate recognised by the High Court, and the Registrar of the High Court may compute such interest without any order for that purpose.

75. Order

(1) Every judgment of the Court shall be embodied in an order.

(2) It shall be the duty of the party who is successful in the appeal to prepare without delay a draft order and submit it for the approval of the other parties to the appeal. If the draft is so approved, it shall be submitted to the presiding judge or such other judge who sat at the hearing as the presiding judge may direct. If the parties do not agree upon the form of the order, the draft shall be settled by the presiding judge or by such other judge who sat at the hearing as the presiding judge may direct, and the parties shall be entitled to be heard thereon if they so desire.

(3) A sealed or certified copy of the order shall be sent by the Master to the Registrar of the High Court, to the parties, and to any court below.

(4) Interlocutory orders shall be prepared in like manner.

76. Poor persons

(1) An application for leave to appeal to the Court as a poor person shall be made to a single judge in accordance with rule 48, but no fee shall be payable on filing any such application. All respondents or intended respondents shall be served and they and the Master shall be entitled to be heard on any such application.

(2) Notwithstanding that the single judge may be satisfied as to the appellant's lack of means, the application may be dismissed if in the single judge's opinion the appeal would have no reasonable possibility of success.

(3) Upon any such application the single judge may order-

(a) that no Court fees, or any specified amount less than the prescribed court fees, be paid in respect of the appeal;

(b) that no security for costs be lodged, or that any specified sum less than the prescribed sum of two thousand fee units, be lodged in Court as security for costs;

(c) that the record of appeal be prepared by the Registrar of the High Court without payment therefor, or on payment of any specified sum less than the prescribed charges thereof;

(d) that any sums the payment of which by the appellant has been excused by virture of such order shall be a first charge on any money or property recovered by the appellant in or in consequence of the appeal.

(4) The appeal shall proceed in accordance with such order, and it shall be the duty of the Master to take such steps as may be necessary to recover any sums becoming due under paragraph (d) of sub-rule (3).

[Am by Act 13 of 1994.]

PART IV
MISCELLANEOUS AND TRANSITIONAL PROVISIONS

77. Orders as to costs

The Court may make such order as to the whole or any part of the costs of appeal or in any court below as may be just, and may assess the same, or direct taxation thereof in accordance with the scales prescribed in the Second Schedule, or in default of provision therein in accordance with the scales provided for the High Court under the High Court Act.

78. Clerical errors and accidental slips or omissions

Clerical errors by the Court or a judge thereof in documents or process, or in any judgment, or errors therein arising from any accidental slip or omission, may at any time be corrected by the Court or a judge thereof.

79. Obsolete

80. Has had its effect

FIRST SCHEDULE

[Rule 13]

[First Sch subs by rule 2 of SI 86 of 1997.]

PART I
CIVIL APPEALS

Item No.	Fee units	Document to be Receipted
1. On filing an affidavit	28	The affidavit
2. On sealing a writ of subpoena for each witness	33	The praecipe
3. On filing a certificate of service	28	The certificate
4. On entering or sealing an order made in chambers	44	The order
5. On filing any notice not specifically provided for	44	The filed copy
6. On filing a notice of motion or summons	83	The filed copy
7. On every notice of appeal	167	The filed copy
8. On every memorandum of appeal	50	The filed memorandum
9. On filing a respondent's notice	167	The filed copy
10. On filing an application for leave to appeal to the Court	67	The application
11. On leave being granted to appeal to Court	67	The order
12. On every bond	50	The filed copy
13. On hearing any appeal per day or part of a day	167	The judgment
14. On entering or sealing a judgment decree or order given, directed or made at the hearing of an appeal or further consideration of an appeal or matter in Court	83	The decree or order
15. On reference from the Master to a Judge of the Court	67	The reference
16. On filing a bill of costs for taxation	44	The notice of taxation
17. On the certificate or allocaur of the results of taxation of a bill of costs-together with a further K15 for every K150 or part thereof of the amount allowed (excluding this fee)	67	The certificate of allocaur
NOTE: Where the costs of any matter are assessed by the Court and ordered to be paid the appropriate fee under this item shall be payable on sealing the Order in addition to the fee payable. Except as provided for in Part II, no fees, other than those prescribed in this Part, shall be taken in any civil appeal.

PART II
GENERAL

Item No.	Fee units	Document to be Receipted
1. On every search, per case file	17	The praecipe
2. For copies of judgement, or records, for additional copies of documents or proceedings furnished upon the direction of the Master, per page or part thereof	17	The filed copy
3. On sealing additional copies of any judgement or order	44	The filed copy
4. On certifying any documents as an office copy and additional of under seal	44	The filed copy
5. Transcript of shorthand writer's notes or otherwise recorded proceedings, per page or part thereof	17	The application
6.
(a) Certified translation by an interpreter of the Court, per page or part thereof	17	The filed copy
(b) Checking, correcting and certifying a translation not made by an interpreter of the Court, per page or part thereof	17	The filed copy
7. Certifying a copy of any document when not prepared by the Court, per page or part thereof	17	The filed copy
8. Service of any process or proceedings required to be served by the Court as prescribed by law	17	The filed copy
9. Per page of the transcript of record	6
NOTES:
1. In all proceedings in the High Court preparatory or incidental to an appeal to the Court, or consequential thereupon, the fees, if not herein before specified, shall be in accordance with the provisions of the law applicable to the High Court.
2. There shall be paid to the Sheriff or his officers such fees, expenses and travelling and subsistence allowances as are prescribed by law for the service or execution of any summons, warrants, writ or other process of the High Court in respect of which execution or service is sought to be levied or effected.

PART III
WITNESSES AND INTERPRETERS' FEES-CIVIL PROCEEDINGS

	Minimum payable Per Diem K	Maximum payable Per Diem K
The allowance for witnesses shall be as follows:
Professional persons, owners, directors or managers of business and expert witness	10,000	25,000
Clerks, artisans and persons of similar status	5,000	15,000
Provided that the sum payable shall not, unless otherwise ordered by the Court or Taxing Master, exceed the sum of K1,300 per diem if the witness has lost no wages or earnings or other income in attending the proceedings or for the period during which he has been away from home and in respect of which he has lost wages, earnings or attendance, does not exceed four hours
Others	3,000

PART IV
COMMISSIONERS' AND ASSESSORS' FEES

A special Commissioner or Assessor shall be remunerated at the rate of K15,000 per hour or part thereof, subject to a maximum of K120,000 in respect of any one day.

SECOND SCHEDULE

[Rule 15]

COSTS

PART I
PRACTITIONERS' COSTS

1. Taxing Officer

The Registrar, or such other officer of the Court as the Chief Justice may designate in any particular case or cases, shall be the Taxing Officer, and shall be responsible for the taxation of all costs incurred in respect of any proceedings in the Court.

2. Tariff of Fees

Save as to the items set out in Part II hereof, the fees allowable on a taxation shall be in accordance with the scales applicable, mutatis mutandis, in respect of proceedings in the High Court.

3. Notice of taxation to be given by Taxing Officer

Whenever a practitioner shall have lodged a bill of taxation with the necessary papers and vouchers, the Taxing Officer shall thereupon issue a notice fixing the time, and date, at which the taxation shall be proceeded with and such appointment shall be not less than seven days after the date of lodgment.

4. Reference to judge

Prior to the conclusion of the taxation of a bill the Taxing Officer may refer any matter in dispute arising out of the taxation other than a question of quantum only for the opinion of a judge of the Court.

5. Bills not to be altered after being lodged

No addition or alteration shall be made in a bill after it has been lodged for taxation except by consent of the parties, or by permission or direction of the Taxing Officer or a judge of the Court.

6. Default of practitioner to attend taxation

Any practitioner, or his representative, who shall without reasonable excuse, after due notice, fail to appear on the day appointed for taxation, or on any date to which such taxation may be adjourned, or who shall in any way delay or impede the taxation, or put any other party to any unnecessary or improper expense relative to such taxation, shall, unless the Taxing Officer otherwise directs, forfeit the fees to which he would otherwise be entitled for drawing the bill of costs and for attending the taxation, and shall in addition be liable to pay for any unnecessary or improper expense to which he has put any party.

7. Appearance in Court

The Taxing Officer may, in respect of appearance in Court, allow as party and party costs-

(a) in any matter where two advocates are employed and the Court has certified that the case warranted such employment, the reasonable fee consequent thereon;

(b) in any matter which does not conclude upon the first day, reasonable refreshers for each day subsequent to the first.

8. Departure from provisions of Tariff

In exceptional cases, and in particular in the taxation of solicitor and client bills of costs, the Taxing Officer may, for good and sufficient reason, depart from any of the provisions of the Tariff, where strict adherence to such provisions would be inequitable.

9. Unnecessary copies

In order to diminish as much as possible the costs arising from the copying of documents to accompany briefs, the Taxing Officer shall not allow the costs of any unnecessary duplication in a practitioner's brief.

10. Discretion of Taxing Officer

On every taxation the Taxing Officer shall allow all such costs, charges, and expenses as shall appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party, but save as against the party who incurred the same, no costs shall be allowed which appear to the Taxing Officer to have been incurred or increased through overpayment, extravagance, over-caution, negligence, or mistake, or by payment of unjustified special charges or expenses to witnesses or other persons, or by other unjustified expenses.

11. More than one practitioner engaged

Where in the opinion of the Taxing Officer, more than one practitioner has been necessarily engaged in the performance of any work covered by the Tariff, each such practitioner shall be entitled to be remunerated on the basis set out in the Tariff for the work necessarily done by him, notwithstanding that such practitioners are members or employees of the same firm.

12. Order for scosts

No costs shall be payable as between party and party, or out of any fund, unless so ordered by the Court. If costs are ordered to be paid without further direction they shall be taxed as between party and party, unless the amount is agreed between all parties affected.

13. Excessive claim

If more than one-sixth of the amount of the bill as delivered is disallowed on taxation the cost of preparing, filing, and serving the bill, and of attending the taxation, shall be disallowed.

14. Costs improperly incurred by practitioners

If in any case it shall appear to the Court, or to a judge thereof, that costs have been incurred improperly or without reasonable cause, or that by reason of any undue delay in proceeding under any judgment, or on account of any misconduct or default of any practitioner, any costs properly incurred have nevertheless proved fruitless to the person incurring the same, the Court, or a judge thereof, may call on the practitioner by whom such costs have been incurred to show cause why such costs should not be disallowed as between the practitioner and his client, and also (if the circumstances of the case so require) why the practitioner should not repay to his client any costs which his client may have been ordered to pay to any other person, and therefrom may make such order as the justice of the case may require.

15. Party not appearing

Notice of taxation need not be given to any party who did not appear, either in person or by Counsel, or did not present his case in writing at the hearing of the appeal, or matter in question.

16. Party entitled to costs refusing to lodge bill for taxation

When any party who is entitled to costs, such costs having not been agreed, refuses, or neglects, to bring in his costs for taxation or to procure the same to be taxed, and thereby prejudices any other party, the Taxing Officer shall be at liberty to certify the costs of the other parties and certify such refusal or neglect, or may allow such party refusing or neglecting as aforesaid a nominal sum only or such other sum in respect of such costs as will prevent any other party from being prejudiced by such refusal or neglect.

17. Manner of preparing bills for taxation

Bills of costs shall be intituled and filed in the proceedings and shall be prepared upon foolscap size paper in seven columns, starting from the left-hand side of the paper, as follows-

the first column for the Taxing Officer's deductions;

the second column for the serial number of the items;

the third column for dates, showing year, month and day;

the fourth column for particulars of services charged for;

the fifth column for the Tariff item numbers;

the sixth column for disbursements charged for;

the seventh column for the professional charges in accordance with the Tariff.

Each and every page shall be totalled and a summary of the totals shall appear on the final page of the bill, allowing for items taxed off and for the taxation fee payable.

Every bill of costs which shall be lodged for taxation shall be endorsed with the name and address of the practitioner by whom it is lodged, and also the name and address of the practitioner (if any) for whom he is agent, and shall include at the end thereof a form of certificate, or allocatur, for signature by the Registrar certifying the result of the taxation.

18. Vouchers to be produced on taxation

Receipts or vouchers for all disbursements charged in a bill of costs, together with all documents or drafts or copies thereof shall be produced on taxation.

All drafts and other documents, the preparation of which is charged for by the folio, shall have the folios thereof consecutively numbered in the margin of the same, and the number of the folios shall be endorsed thereon in figures. The length of all documents not vouched for by attested copies or other satisfactory evidence shall be certified by the practitioner, and if such certificate be erroneous the Taxing Officer may disallow the costs of the documents so erroneously certified or any part thereof.

19. Costs where practitioner is employed by two or more parties

Where the same practitioner is employed for two or more parties and separate proceedings are heard by or for any two or more such parties, the Taxing Officer shall consider in the taxation of such practitioner's bill of costs, either as between party and party, or as between solicitor and client, whether such separate proceedings were necessary or proper, and if he is of opinion that any part of the costs occasioned thereby have been unnecessarily or improperly incurred, the same shall be disallowed.

20. Costs where trustees defend separately

In taxing the costs as between party and party or for payment out of a trust fund of joint executors or trustees who are separately represented, the Taxing Officer shall, unless otherwise ordered by the Court or a judge thereof, allow but one set of costs for such parties, such costs to be apportioned among them as the Taxing Officer shall deem fit.

21. Appearance of party not interested

Where any party appears upon any application or proceeding in court, or in chambers, in which he is not interested, or upon which, according to the practice of the Court, he ought not to attend, he shall not be allowed any costs of such appearances unless the Court or a judge thereof otherwise orders.

22. Instructions to include attendance on deponent

The allowances for instructions and drawing any special affidavit shall include all attendances on the deponent to settle and read over.

23. Time and adjournment

The Taxing Officer shall have power to limit or extend the time for any proceedings before him, and to adjourn the same from time to time and from place to place.

24. Witnesses

Expenses of parties attending court as such shall not be allowed but an allowance may be made for attendance of any necessary witnesses, including parties, of such amount as would be allowed to such person for attendance in the High Court, at the place in question.

25. Discretion of Taxing Officer in allowing witnesse's expenses

When taxing costs, witnesse's expenses shall be supported by a statement signed by the practitioner and filed with the bills of costs stating the place of abode and the condition, quality, occupation or rank in life of the witnesses or intended witnesses charged for, the distance they have had to travel, the mode of travel, and if by rail the class in which such witnesses travelled for the purpose of attending the hearing; also whether to the knowledge or belief of the deponent they attended as witnesses in any other cause or came upon any other business; also that they were material and necessary witnesses for the party on the hearing; and the notes of their evidence must be produced at the taxation.

The allowances in respect of fees to any accountants, merchants, engineers, actuaries and scientific persons to whom any question is referred, shall, save where the Court or a judge thereof shall otherwise order, be regulated by the Taxing Officer, subject to review by the Court or a judge thereof.

26. Meaning of "folio"

The expression "folio" where used shall mean 100 words. A single figure or a group of figures up to four shall be counted as one word.

27. Improper agreements

Any agreement for remuneration of a practitioner whereby he becomes financially interested in the result of any proceedings in the Court, shall be void.

PART II
TARIFF OR FEES

Instructions and Preparation	Applicable Scale
1. Instructions, preparation and filing notice of appeal	B
2. Instructions, preparations and filing of memorandum of appeal (including grounds of appeal)	A
3. Instructions, preparation and filing of respondent’s notice (including grounds of cross appeal)	B
4. Instructions, preparation and filing of any other notice/application relevant to an appeal	A
5. Instructions to appear for the respondent to any application for an appeal	A
6. Preparing heads of arguments, list of authorities, including notes for use at the hearing of the appeal and researching into the law in preparation for hearing	A

SCALE A
	Fee not exceeding (per hour or proportionately for any part thereof) Maximum Fees Fee Units
1. A practitioner of less than five years standing and experience or legal executive	2,467
2. A practitioner of more than five but of not more than ten years standing and experience	3,701
3. A practitioner of more than ten but of not more than fifteen years standing and experience	4,441
4. A practitioner of fifteen or more years standing and experience	5,674
5. State Counsel	6,661

SCALE B
	A fee not exceeding (per hour or proportionately for any part thereof) Maximum Fee Fee Units
1. A practitioner of less than five years standing	1,481
2. A practitioner of more than five but of not more than ten years standing and experience	2,467
3. A practitioner of more than ten but of not more than fifteen years standing and experience	3,701
4. A practitioner of fifteen or more years standing and experience	4,934
5. State Counsel	6,167
Note:
In the absence of any specific Scale fees, the High Court Scale shall apply.

[Secon Sch Part II subs by rule 2 of SI 5 of 2017.]

THIRD SCHEDULE

[Rule 14]

PRESCRIBED FORMS

The forms prescribed in this Schedule or forms of like effect shall be used in all proceedings to which they may be applicable with such variations as the circumstances may require.

LIST OF FORMS

TITLE

General



Form No.		Rule
A	General Heading	-
B	Notice of Motion	48
C	Summons	48
Criminal
CRIM/1	Notice of Intention to Appeal	23
CRIM/2	Notice of Application to the Court for leave to appeal	24
CRIM/3	Notice of Application for extension of time	12
CRIM/4	Grounds of Appeal	25
CRIM/5	Abandonment of Appeal	33
CRIM/6	Application for Bail pending Appeal	29
CRIM/7	Recognizance of Bail of Appellant	29
CRIM/8	Certificate of Surety	29
CRIM/9	Notice to Prison Superintendent to release an Appellant on Bail	29
CRIM/10	Notice of Hearing	16
CRIM/11	Notification to Appellant of a Judge's Decision	27
CRIM/12	Notice by Appellant requiring Application to be dealt with by the Court	27
CRIM/13	Notification of the Result of Application to the full Court	43
CRIM/14	Notification that Decision of a Judge has become final through failure of Appellant to appeal within the time stated	27 and 43
CRIM/15	Notification of Result of Final Appeal	43
CRIM/16	Notification of Abandonment of Appeal	33
Civil
CIV/1	Notice of Appeal	49
CIV/2	Notice of Application for Extension of Time	12
CIV/3	Memorandum of Appeal	58
CIV/4	Notice of Address for Service	53
CIV/5	Respondent's Notice of Cross-Appeal	61
CIV/6	Notice of Non-Appearance	69
CIV/7	Withdrawal of Appeal	63
CIV/8	Notice of Hearing	16

FORM A

General Heading

Appeal/Application No.........................

IN THE SUPREME COURT OF ZAMBIA HOLDEN AT.......................................................................

CRIMINAL/CIVIL JURISDICTION

BETWEEN:

.............................................................................................................................. Appellant/Applicant

and

.............................................................................................................................Respondent

FORM B

[Rule 48]

REPUBLIC OF ZAMBIA

NOTICE OF MOTION

Appeal/Application No....................................

IN THE SUPREME COURT HOLDEN AT.........................................................................................

CRIMINAL/CIVIL JURISDICTION

BETWEEN:

..............................................................................................................................Appellant/Applicant

and

...............................................................................................................................Respondent

An application in respect of a judgment of the High Court (Mr Justice.................................................)

appeal from sitting at........................ in its original/appellate jurisdiction and dated the..............day of........., 19.............

TAKE NOTICE that the Supreme Court will be moved before Mr Justice .......... on.......... day, the.......... day of.........., 19.......,

at the hour of.......... o'clock in the noon, or so soon thereafter as Counsel can be heard, by Mr.......................................................

of Counsel on behalf of the Appellant/Respondent/..................................................................for an Order that................................

on the grounds that ...........................................................................................................................................................................

(Signed)............................................................

Appellant/Applicant

Address for service...................................................

.................................................................................

Dated at .............................. this ................................ day of...................................., 19.........

................................................................................

Master of the Supreme Court of Zambia

Date......................................................

To: The Appellant......................................................................of................................................................................................

The Respondent........................................................................... of......................................... Mr .............................................for the Applicant will read, in support of the application the affidavit(s) of......................sworn the .............. day(s) of ................., 19.......... .

NOTES:

(1)...........................................A Notice of Motion to be heard by the full Supreme Court shall commence as follows:

"TAKE NOTICE that the Supreme Court will be moved on ..............".

(2) Inapplicable words, etc., on this form should be deleted.

FORM C

[Rule 48]

REPUBLIC OF ZAMBIA

SUMMONS

Appeal/Application No. ......................................

IN THE SUPREME COURT HOLDEN AT.........................................................................................

CRIMINAL/CIVIL JURISDICTION

BETWEEN:

................................................................................................................................Appellant/Applicant

and

..................................................................................................................................Respondent

An application in respect of a judgment of the High Court (Mr Justice......................................................)

appeal from sitting in its original/appellate jurisdiction at.................................. and dated the .......... day of ............., 19.......

LET ALL PARTIES concerned appear before Mr Justice....................................................................................in Court/Chambers at .......... on the .......... day of....................19......., at the hour of .......... o'clock in the .......... noon, or so soon thereafter as Counsel can be heard on the hearing of an application on the part of the Appellant/Respondent/................ for an Order that—

on the grounds that—

Dated at this ........................ day of ........................, 19....... .

This Summons was taken out by..................................whose address
for service is......................................................................................................................................

...............................................................
Master of the Supreme Court of Zambia

Dated..............................................

To: The Appellant...........................................................................................................
of......................................................................................................................................

The Respondent ............................................................................................................
of.....................................................................................................................................

Mr ................................................................for the Applicant will read in support of the application the affidavit(s) of....................................sworn on the ............... day(s) of ................, 19.......... .

NOTES:

(1) A Summons before the Master should commence as follows: "LET ALL PARTIES attend before the Master of the Court at the Registry of the Supreme Court at Lusaka ..................".

(2) Inapplicable words, etc., on this form should be deleted.

FORM CRIM/1

[Rule 23]

REPUBLIC OF ZAMBIA

NOTICE OF INTENTION TO APPEAL

Supreme Court Appeal No. ......................................

IN THE SUPREME COURT HOLDEN AT................................................................................

CRIMINAL JURISDICTION

BETWEEN:

.......................................................................................................................Appellant

versus

THE PEOPLE

...................................................................................................................Respondent

TAKE NOTICE that I,.................................................. , appeal to the Supreme Court against the conviction/sentence/order(s) of the Subordinate Court of the . class/High Court sitting in its original jurisdiction (Mr Justice ......................) holden at ................ on the day of ........................., 19........

WHEREBY the Subordinate Court/High Court convicted me of ...............................................................................................................................................................................................................
and sentenced me to........................................................................................................................and made an order/orders that.........................................................................................................................................................................................................

My appeal is against.............. ............Conviction and/or sentence.

The order/orders of the Court on the grounds hereinafter set forth.

GROUNDS:

The appellant desires/does not desire to attend the hearing of the appeal.

Dated at this ..................... day of ...................., 19........ .

(Signed)..........................................................

Appellant (or his Counsel)

Address for service.................................................

................................................................................

.................................................................................

To: The District/Registrar of the High Court at Lusaka/Ndola (Case No........................................)

or The Senior/Clerk of the Court at .................... (Case No. .....................)

Filed this .................... day of ......................., 19......... , at..............................

......................................................

District/Registrar of the High Court
or
Senior/Clerk of the Court

at........................................................

The appellant is/is not in custody.

The appellant is/is not on bail.

NOTES:

(1) Inapplicable words on this form should be deleted.

(2) If the appellant is in custody the date of filing shall be the date the Notice is lodged with the Officer in Charge of the Prison.

(3) If there is insufficient space provided on this form for grounds of appeal the same may be submitted upon a separate sheet of paper and be dated, signed, etc., as provided on this form.

FORM CRIM/2

[Rule 24]

REPUBLIC OF ZAMBIA

NOTICE OF APPLICATION TO THE COURT FOR LEAVE TO APPEAL

Supreme Court Application No........................................

IN THE SUPREME COURT HOLDEN AT........................................................................................

CRIMINAL JURISDICTION

BETWEEN:

........................................................................................

and

........................................................................................

TAKE NOTICE that I,........................................................................................ , having been convicted by the.......................................... Court, holden at ........................., on the ............... day of .............., 19...... , of the offence of ..................................................................,
and having been sentenced to ...............................................and the said Court having further ordered ..................................................;

AND having appealed to the High Court against the said conviction/sentence/Order(s);

AND the High Court (Mr Justice...............................................) holden at ......... on the ..........day of ...............................................19...... , having by judgment dated the...............day of................, 19......... (High Court No ......................) dismissed my appeal / allowed my appeal only in part by ordering that...............................................

NOW DO HEREBY apply for leave to appeal against the said judgment of the High Court on the grounds hereinafter set forth.

GROUNDS:

Dated at ...............................................this ............................day of ...................., 19....... .

(Signed)..............................................
Appellant (or his Counsel)

..............................................................................................
Witness
(If not represented by Counsel)

To: The Master of the Supreme Court (in triplicate).

NOTE: Inapplicable words, etc., on this form should be deleted.

FORM CRIM/3

[Rule 12]

REPUBLIC OF ZAMBIA

NOTICE OF APPLICATION FOR AN EXTENSION OF TIME

(CRIMINAL)

Application No..........................................

IN THE SUPREME COURT OF ZAMBIA HOLDEN AT....................................................................

CRIMINAL JURISDICTION

BETWEEN:

...........................................................................................................................
Applicant/Appellant

and

THE PEOPLE
Respondent

TAKE NOTICE that I,............................................... , being desirous of appealing against the judgment of the High Court (Mr Justice ) holden at........................................dated the ...........day of ............ , 19........ ;

DO HEREBY give notice of application for an extension of time within which I may give notice of intention to appeal
or notice of application for leave to appeal against the said judgment for the reasons and upon the grounds next following:

(1) Reason for being out of time and grounds for extension ............................................................................................................................................................................................
............................................................................................................................................................................................

(2) Particulars and dates of the conviction, sentence and order of the court of trial; and of the decision of the subordinate/High Court if appealed to..................................................................................................................................................................................................
.......................................................................................................................................................................................................................

(3) Grounds of appeal................................................................................................................................................................................
........................................................................................................................................................................................................................

Dated at this....................... day of........................, 19....... .

(Signed) ...........................................................................

Applicant (or his Counsel)

Applicant's address for service ...............................................
..............................................................................................
..............................................................................................

..............................................................................................
Witness

(If applicant is not legally represented)

To: The Master of the Supreme Court.

The Director of Public Prosecutions.

NOTES:

(1) If not in custody the address of the applicant must be shown in full.

(2) Inapplicable words, etc., on this form should be deleted.

(3) If there is insufficient space provided on this form for reasons, etc., the same may be submitted upon a separate sheet of paper and be dated, signed, etc., as is provided on this form.

FORM CRIM/4

[Rule 25]

REPUBLIC OF ZAMBIA

GROUNDS OF APPEAL

Appeal No.........................................

IN THE SUPREME COURT HOLDEN AT....................................................................................

CRIMINAL JURISDICTION

BETWEEN:

.........................................................................................................................
Appellant

and

THE PEOPLE
Respondent

WHEREAS I,............................................... , on the ................ day of ..........., 19........ , appealed/made application for the leave to appeal to the Supreme Court against the judgment of the Subordinate/High Court dated the ............. day of ............., 19....... ;

AND WHEREAS on the ...............................................day of ................, 19......... , the appellant filed a Notice of Intention to Appeal/was granted leave to appeal with/without grounds of appeal:

TAKE NOTICE that the appellant will rely on the following/additional or amended grounds of appeal:

GROUNDS-see overleaf/attached:

Dated at ...............................................this ....................... day of ..................., 19........ .

(Signed)..............................................................................................
Appellant (or his Counsel)

Address for service.................................................
................................................................................

..............................................................................................
Witness

(If appellant is not legally represented)

To: The Registrar/District of the Clerk of Court/High Court at...............................................

The Master of the Supreme Court.

The Director of Public Prosecutions.

Filed this ..................... day of ....................., 19...., at...............................................

..............................................................................................
Clerk of Court/Registrar of the High Court

The appellant is/is not in custody.

The appellant is/is not on bail.

The appellant desires/does not desire to attend the hearing of the appeal.

NOTES:

(1) Inapplicable words, etc., on this form should be deleted.

(2) If the appellant is in custody the date of filing shall be the date the Memorandum is lodged with the Officer in Charge of the Prison.

(3) If there is insufficient space provided on this form for grounds of appeal the same may be submitted upon a separate sheet of paper and be dated, signed, etc., as is provided on this form.

FORM CRIM/5

[Rule 33]

REPUBLIC OF ZAMBIA

ABANDONMENT OF APPEAL (CRIMINAL)

Appeal/Application No..........................................

IN THE SUPREME COURT OF ZAMBIA HOLDEN AT............................................................................................

CRIMINAL JURISDICTION

BETWEEN:

..................................................................................Appellant/Applicant

and

..................................................................................Respondent

TAKE NOTICE that I,......................................... , the above-named Appellant/Applicant do hereby abandon all futher proceedings in the above matter;my appeal in the above matter in so far as it relates to...........................................................................................................
........................................................................................................................................................................................................................

Dated at this .................. day of.................., 19........ .

(Signed).................................................................
Appellant/Applicant (or his Counsel)

Address for service.........................................
.................................................................................. .

..................................................................................

Witness

(If Appellant/Applicant is not represented by Counsel)

To: The Master of the Supreme Court.

The Director of Public Prosecutions.

NOTE: Inapplicable words in this form should be deleted.

FORM CRIM/6

[Rule 29]

REPUBLIC OF ZAMBIA

APPLICATION FOR BAIL PENDING APPEAL

Appeal/Application No.................................................

High Court or Subordinate............................................

IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION.........................................

BETWEEN:

..................................................................................Appellant

and

..................................................................................Respondent

I,......................................... , having been convicted of the offence of.........................................................................................................
and now being detained in the ......................................... Prison undergoing a sentence of.........................................years/months and having given notice of intention to appeal to the Supreme Court against the judgment of the High Court/Case No. ..............) dated .........................................relating to my said conviction and sentence;

DO HEREBY give you Notice that I desire to apply to the Supreme Court for bail pending the hearing of my said appeal with/without sureties, on the following grounds:...........................................................................................................................................................
..................................................................................................................................................................................................................
..................................................................................................................................................................................................................

The undermentioned persons are willing to become sureties for my presence at the hearing and
determination of the appeal:

______________________________________________________________________________

Name of surety .....................................................................

Occupation ...........................................................................

Address.................................................................................
..........................................................................................................................

Amount for which surety is willing to be bound ................... fee units:

______________________________________________________________________________

Name of surety..................................................................................

Occupation..................................................................................

Address...........................................................................................................................

Amount for which surety is willing to be bound .................. fee units:

(Signed)...................................................................
Appellant

Address of service..................................................................................
..................................................................................

..................................................................................
Witness

Dated at this ................... day of ...................., 19......... .

To: The Master of the Supreme Court of Zambia.

NOTES:

(1) This form MUST be signed or thumbprinted at the time of application by the appellant, unless he is under disability.

(2) Inapplicable words on this form should be deleted.

(3) If there is insufficient space provided on the form for grounds the same may be submitted upon a separate sheet of paper and be dated and signed, etc., as is provided on this form.

FORM CRIM/7

[Rule 29]

REPUBLIC OF ZAMBIA

RECOGNIZANCE OF BAIL OF APPELLANT

IN THE SUPREME COURT HOLDEN AT...................................................................................

CRIMINAL JURISDICTION

Appeal Number .........................................of 19........

BETWEEN:

..................................................................................Appellant

and

THE PEOPLE

Be it remembered that whereas..................................................................................was convicted of .................................................
on the .............. day of ......................................... 19........., and was thereupon sentenced to .........................................and ordered to......................................... ...................................................................................and now is in lawful custody in the State Prison at ..................................................................................and has duly appealed against his conviction (and sentence) (and order) to the Supreme Court and has applied to the said Court for bail pending the determination of his appeal, and the said Court has granted him bail on entering into his own recognizances in the sum of ........................................ and with .............................................................
sureties each in the sum of ........................................................, the said,.............................................................acknowledges himself to owe to the Republic of Zambia the said sum of .........................................of good and lawful money of the Republic of Zambia, to be made and levied of his goods and chattels, lands and tenements to the use of the said Republic if he the said ...................................... fail in the condition endorsed.

..................................................................................
Master of the Supreme Court of Zambia

CONDITION

The condition of the within written recognizance is such that if he the said.........................................shall personally appear and surrender himself at and before the Supreme Court at.........................................at each and every hearing of his appeal to the said Court and at the final determination thereof and to then and there abide by the judgment of the said Court and not to depart or to be absent from the said Court at any such hearing without the leave of the said Court, and in the meantime not to depart out of the Republic of Zambia, then this recognizance to be void, or else to stand in full force and effect.

The following portion to be filled up and signed by the appellant:

On release on bail my residence, to which notices, etc., are to be addressed, will be as follows:

...........................................................................................................................
...........................................................................................................................
...........................................................................................................................

(Signed) ..................................................................................
Appellant

Date......................................................................, 19 ........... .

FORM CRIM/8

[Rule 29]

REPUBLIC OF ZAMBIA

CERTIFICATE OF SURETY

IN THE SUPREME COURT..................................................................................

CRIMINAL JURISDICTION

Appeal No..........................................of 19......... .

BETWEEN:

THE PEOPLE

and

..................................................................................Appellant

THIS IS TO CERTIFY that you,....................................................of ........................................................................................., whose signature is below, have been accepted by the Supreme Court, on this ................day of................. 19......., as surety for the above-mentioned appellant, in the sum of for the due appearance of the said .........................................before the Supreme Court at each and every hearing of his appeal and at the final determination thereof and that the said .............................................................. shall then abide by the judgment of the said Court and not depart or be absent from the said court at any such hearing without leave
of said Court in the meantime not to depart out of the Republic of Zambia.

AND THAT your said recognizance will be duly forwarded by me to the Master of the Supreme Court.

Date .........................................

At.........................................

I acknowledge that the above Certificate is correct.

.........................................
Surety

FORM CRIM/9

[Rule 29]

REPUBLIC OF ZAMBIA

NOTICE TO PRISON SUPERINTENDENT TO RELEASE AN APPELLANT ON BAIL

IN THE SUPREME COURT HOLDEN AT..................................................................................

CRIMINAL JURISDICTION

Appeal No..........................................of 19....... .

BETWEEN:

THE PEOPLE

and

..................................................................................Appellant

To: The Superintendent, State Prison at..................................................................................

WHEREAS ........................................................has duly appealed ....................................................................................................
(and his sentence of..................................................................................) (and the order .................................................................)
and having duly applied to the said Court has been granted bail by the said Court pending the determination of his said appeal on entering into recognizance(s) himself in the sum of.........................................,(and with .................................................... sureties each in the sum of), in the forms provided;

AND WHEREAS I,........................................., the Master of the Supreme Court, have been given to understand that the said ...........................................................................................................................is now in your lawful custody in the said Prison under the said conviction and sentence;

AND WHEREAS I have received a recognizance of the said..........................................(and recognizance .......................................
from ...........................................................................................................................sureties for the said ........................................) and the said recognizances are in due form and in compliance with the Order of the said Supreme Court admitting the said to bail:

NOW I,...........................................................................................................................

DO GIVE YOU NOTICE that if the said..................................................................................do remain in your custody under the said conviction (and sentence) (and order) and for no other cause you shall on receipt of this notice suffer him to go at large.

AND THIS NOTICE shall be your authority in that behalf.

.........................................
Master of the Supreme Court

Dated at this .......................... day of .........., 19........ .

This Notice was issued on the .........................................day of ......................... , 19.......... .

Inapplicable words, etc., to be deleted.

FORM CRIM/10

(Rule 16)

REPUBLIC OF ZAMBIA

NOTICE OF HEARING

Appeal/Application No.........................

IN THE SUPREME COURT OF ZAMBIA HOLDEN AT CRIMINAL JURISDICTION.............................

BETWEEN:

.......................................................
Appellant/Applicant

and

THE PEOPLE
Respondent

TAKE NOTICE that the above Appeal/Application will be heard and determined by the Supreme Court of Zambia sitting at ................................................................on .........................................day, the ............................... day of .............................., 19......... , at the hour of.........................................o'clock in the ................ noon or so soon thereafter as Counsel may be heard.

Court No...................................................................................

Before...........................................................................................................................

Dated at this ................... day of ................., 19.........

..................................................................................
Master of the Supreme Court

To: The Director of Public Prosecutions.

The State Advocate at ..........................................................................of Counsel for the Appellant/Applicant.

The Superintendent, State Prison at........................................

The Appellant/Applicant (if attending)..................................................................................
..............................................................................................................................................

FORM CRIM/11

[Rule 27]

REPUBLIC OF ZAMBIA

NOTIFICATION TO APPELLANT OF A JUDGE'S DECISION

Appeal/Application No..........................................

IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION.........................................

BETWEEN:
.........................................
Appellant

and

THE PEOPLE

THIS IS TO GIVE YOU NOTICE that Mr. Justice..................................................................................
a Judge of the Supreme Court acting under section 4 of the Supreme Court of Zambia Act, 1973, has in terms of rules
....................... considered your application(s) for—

(a) extension of time within which notice of intention to appeal, or, notice of application for leave to appeal, may be given;

(b) leave to appeal against conviction and/or sentence;

(d) bail;

and has determined the same and has..................................................................................

Dated at this ........................................................... day of .................., 19.......

.........................................
Master of the Supreme Court of Zambia

This Notice was issued on the ......................... day of ......................, 19........ .

To: The above named .........................................and to.................

The Director of Public Prosecutions.

The Commissioner of Prisons.

The Assistant Commissioner, C.I.D., Lusaka.

The Superintendent, State Prison at.........................................

The District/Registrar of the High Court at.........................................

The Senior/Clerk of the Court at .........................................

NOTES:

(1) Inapplicable words, etc., on this form are to be deleted.

(2) If any of the above-mentioned applications have been refused the appellant may, if he

so desires, have the same determined by the full Supreme Court duly constituted for the hearing of appeals. In such case he MUST WITHIN FOURTEEN DAYS of the RECEIPT of this Notice give notice of appeal to the Master of the Supreme Court on Form CRIM/12. A copy of Form CRIM/12 for the use of the appellant, if he so desires, is enclosed with his copy of the Notice. If the appellant does not wish to proceed further with his application(s) he should complete Form CRIM/5 (Notice of Abandonment).

FORM CRIM/12

[Rule 27]

REPUBLIC OF ZAMBIA

NOTICE BY APPELLANT REQUIRING APPLICATION TO BE DEALT WITH BY THE COURT

Appeal/Application No...................................................................................

IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION.........................................

BETWEEN:

..................................................................................
Appellant

and

THE PEOPLE
Respondent

I,....................................................received on the day of ................., 19 ....... , your notification that my application(s) for—

(a) extension of time within which notice of intention to appeal, or notice of application for leave to appeal to the Court may be given;

(b) leave to appeal against conviction and/or sentence;

(d) bail;

(e) .........................................;

has/have been refused;

DO HEREBY give you Notice that I desire that the said applications shall be considered and determined by the
Supreme Court and desire/do not desire to be present at the hearing of my application.

Dated at ..................................................................................this ....................... day of ....................., 19........ .

(Signed)..................................................................................
Appellant (or his Counsel)

..................................................................................
Witness

(If not legally represented)

To: The Master of the Supreme Court.

The Director of Public Prosecutions.

The District/Registrar of the High Court at.........................................

(Case No. ................................).

or The Senior/Clerk of Court at .............................. (Case No. ................................).

NOTES:

(1) Inapplicable words, etc., on this form should be deleted.

(2) If you wish to state any reason IN ADDITION to those set out by you in your original Notice upon which you submitted that the Supreme Court should grant your said application(s) you may do so in the space overleaf BUT you must not repeat reasons that you have already stated in any previous Notice or Notices.

FORM CRIM/13

[Rule 43]

REPUBLIC OF ZAMBIA

NOTIFICATION OF RESULT OF APPLICATION TO THE FULL COURT

Appeal/Application No...............................................

IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION..................................................................................

BETWEEN:

..................................................................................
Appellant

and

THE PEOPLE
Respondent

THIS IS TO GIVE YOU NOTICE that the Supreme Court as duly constituted for the hearing of appeals under section 3
of the Supreme Court of Zambia Act, 1973, has this day considered the application(s) of the above-named appellant for—

(a) extension of time within which notice of intention to appeal or, notice of application for leave to appeal, may be given;

(b) leave to appeal against;

(d) bail;

(e) leave to call further evidence;

(f) — ;

and has finally determined the same and has—

Dated at this ...................... day of ......................, 19....... .

Master of the Supreme Court

This Notice was issued on the ................day of ..................., 19.......

To: The above named .......................................................... and to—

The Director of Public Prosecutions.

The Commissioner of Prisons.

The Superintendent, State Prison at.........................................

The District/Registrar of the High Court at.........................................

The Assistant Commissioner, C.I.D., at ..........................................

The Senior/Clerk of the Court at.........................................

NOTE: Inapplicable words, etc., on this form to be deleted..........................................

FORM CRIM/14

[Rules 27 and 43]

REPUBLIC OF ZAMBIA

NOTIFICATION THAT DECISION OF A JUDGE HAS BECOME FINAL THROUGH FAILURE OF APPELLANT TO APPEAR WITHIN THE TIME STATED

Appeal/Application No..............................................

IN THE SUPREME COUT HOLDEN AT .............................................................................................

CRIMINAL JURISDICTION

BETWEEN:

...........................................................................................................................
Appellant

and

THE PEOPLE
Respondent

THIS IS TO GIVE YOU NOTICE that the above-named appellant having applied for..................................................................................
......................................................................................................................................................................................................................
and the said application(s) having on the .........................................day of ...................... 19....... , been refused by a Judge of the Supreme Court and notification having been given to the appellant on the .........................................day of........................................., 19....... , enclosing Form CRIM/12 and the said Form CRIM/12 not having been returned to me duly completed by the appellant, the refusal of his application(s) is/are final.

Dated at .........................................this ......................day of....................... , 19....... .

.........................................
Master of the Supreme Court

This Notice was issued on the day of......................, 19....... .

To: The above named......................................... and to-

The Director of Public Prosecutions.

The Commissioner of Prisons.

The Superintendent, State Prison at.........................................

The District/Registrar of the High Court at or Senior/Clerk of Court.........................................

(Case No. ...............................)

or Senior/Clerk of the Court at

(Case No. ...............................)

The Assistant Commissioner, C.I.D., at Lusaka..........................................

NOTE: Inapplicable words, etc., on this form are to be deleted.

FORM CRIM/15

[Rule 43]

REPUBLIC OF ZAMBIA

NOTIFICATION OF RESULT OF FINAL APPEAL

Appeal No. ..........................................

IN THE SUPREME COURT OF ZAMBIA HOLDEN AT ...........................................................................................................................

CRIMINAL JURISDICTION

BETWEEN:

..................................................................................
Appellant

and

THE PEOPLE
Respondent

THIS IS TO GIVE YOU NOTICE that the Supreme Court of Zambia as duly constituted for the hearing of appeals under
section 3 of the Supreme Court of Zambia Act, 1973, has this day considered the appeal of the above-named appellant
against

and has finally determined the same and

Dated at this ..................... day of ......................., 19....... .

..................................................................................
Master of the Supreme Court

This Notice was issued on the .........................................day of ......................., 19....... .

To: The above-named ..................................................................................and to-

The Director of Public Prosecutions.

The Commissioner of Prisons.

The Superintendent, State Prison, at..................................................................................

The District/Registrar of the High Court of Zambia at .........................................(Case No. ........................)

or Senior/Clerk of the Court at .........................................(Case No. ........................)

The Assistant Commissioner, C.I.D., at Lusaka.

NOTE: Inapplicable words, etc., on this form are to be deleted.

FORM CRIM/16

[Rule 33]

REPUBLIC OF ZAMBIA

NOTIFICATION OF ABANDONMENT OF AN APPEAL

Supreme Court Appeal No..........................................

IN THE SUPREME COURT OF ZAMBIA HOLDEN AT ..................................................................................

CRIMINAL JURISDICTION

BETWEEN:

..................................................................................
Appellant

and

THE PEOPLE
Respondent

TAKE NOTICE THAT the above-named appellant having filed a Notice of Abandonment dated the.........................................day of........................................., 19 ....... , on the ....................... day of ......................., 19 ....... , his/her appeal to the Supreme Court against conviction and/or sentence is deemed to have been dismissed by the said Court.

Dated at......................................... this ........................ day of ....................., 19....... .

..................................................................................
Master of the Supreme Court

This Notice was issued on the day of ....................., 19....... .

To: The above named .........................................and to-

The Director of Public Prosecutions.

The Commissioner of Prisons.

The Superintendent, State Prison, at.........................................

The District/Registrar of the High Court at .........................................(Case No. ......................... )

or Senior/Clerk of the Court at......................................... (Case No. ......................... )

The Assistant Commissioner, C.I.D., at Lusaka.

...........................................................................................................................

NOTE: Inapplicable words, etc., on this form are to be deleted.

FORM CIV/1

[Rule 49]

REPUBLIC OF ZAMBIA

NOTICE OF APPEAL

IN THE SUPREME COURT HOLDEN AT ...........................................................................................................................

CIVIL JURISDICTION

BETWEEN:

...........................................................................................................................

and

...........................................................................................................................

TAKE NOTICE that...........................................................................................................................being dissatisifed with the judgment of Mr Justice..................................................................................given in the High Court at......................................... on the ............... day of ................., 19....... , intends to appeal to the Supreme Court against the whole judgment (No..........................................) or against suchpart or parts of the said judgment (..................................................................................) as decides that .......................................

Dated at this .................... day of .................. , 19 ...... .

..................................................................................
Appellant (or his Counsel)

Address for service..................................................................................
..................................................................................

To: The District/Registrar of the High Court at..................................................................................

The Respondent to the intended appeal...........................................................................................................................

(Name)

(Address for service)

..................................................................................
The Master of the Supreme Court.

Filed this ....................... day of ......................, 19................, at..................................................................................

..................................................................................
Register of the High Court

at..................................................................................

NOTES:

(1) A respondent served with this Notice is required within 14 (fourteen) days after such service to file in these proceedings and to serve upon the appellant a Notice of his address for service for the purpose of the intended appeal, and within a further 14 (fourteen) days to serve a copy thereof on every other respondent named in this Notice who has filed a Notice of an address for service. In the event of non-compliance, the appellant may proceed ex parte.

(2) Inapplicable words, etc., on this form should be deleted.

FORM CIV/2

[Rule 12]

REPUBLIC OF ZAMBIA

NOTICE OF APPLICATION FOR EXTENSION OF TIME

Application No...................................................................................

IN THE SUPREME COURT HOLDEN AT.....................................................................................................................................

CIVIL JURISDICTION

BETWEEN:

...........................................................................................................................

and

...........................................................................................................................

TAKE NOTICE that...........................................................................................................................being desirous of appealing against the judgment (........................)of Mr Justice given in the High Court at ....................................................................................................
on the ........................ day of ..................., 19....... ;

HEREBY GIVES NOTICE OF APPLICATION for an extension of time within which to give notice of appeal, or notice of application for leave to appeal against the said judgment (No..........................................) for the reasons and upon the grounds next following:

(1) Reasons for being out of time and grounds for an extension:

....................................................................................................................................................................

(2) Grounds of appeal

Dated at ..................................................................................this .................. day of .................., 19....... .

..................................................................................
Appellant (or his Counsel)

Address for service
..................................................................................
..................................................................................

To: The Master of the Supreme Court..........................................

The Respondent: ................................................................................................................... (Name)
of....................................................................................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................

(Address for Service)

NOTES:

(1) Form CIV/1-Notice of Appeal (Civil)-duty completed or a copy of the Notice of Motion or Summons for leave to appeal must be forwarded with this application.

(2) Inapplicable words, etc., on this form should be deleted.

FORM CIV/3

[Rule 58]

REPUBLIC OF ZAMBIA

MEMORANDUM OF APPEAL

Appeal No..........................................

IN THE SUPREME COURT HOLDEN AT CIVIL JURISDICTION

BETWEEN:

..................................................................................Appellant

and

..................................................................................Respondent

the Appellant above named, appeals to the Supreme Court against the whole/part(s) of the judgment (......................................... ) in the above-mentioned matter on the following ground(s), namely:

GROUNDS (Here set out what part or parts of the judgment ......................................... is complained of and the ground or grounds of appeal:

Dated at.......................................... this ..................day of ..................., 19....... .

............................................................................
Appellant (or his Counsel)

..................................................................................
..................................................................................
Address for service

To: The Master of the Supreme Court.

The Respondent...........................................................................................................................

(Name)

(Address for service)

The District/Registrar of the High Court at..................................................................................

Filed at.................................................................................. this ..................... day of ......................, 19....... .

..................................................................................
Master of the Supreme Court of Zambia

NOTE: Inapplicable words, etc., on this form should be deleted.

FORM CIV/4

[Rule 53]

REPUBLIC OF ZAMBIA

NOTICE OF ADDRESS FOR SERVICE

Application/Appeal No.....................................................

IN THE SUPRMEE COURT HOLDEN AT ..................................................................................

CIVIL JURISDICTION

BETWEEN:

..................................................................................

and

..................................................................................

TAKE NOTICE that the address for service of...............................................................a Respondent served with the Notice of Appeal herein, is.....................................................................................................................................................................................................

Dated this.........................................day of ......................., 19 ........ .

.........................................
Respondent(or his Counsel)

To: The District/Registrar of the High Court at..................................................................................

The Appellant...........................................................................................................................

(Name)

....................................................................................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................

(Address for service)

The Respondent...........................................................................................................................

(Name)

....................................................................................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................

(Address for service)

The Master of the Supreme Court.

Filed this.........................................day of ..................., 19 ......., at .........................................

..................................................................................
Registrar of the High Court

NOTES:

(1) This Notice must be served on all interested parties who have themselves furnished addresses for service.

(2) Inapplicable words, etc., on this form should be deleted.

FORM CIV/5

[Rule 61]

REPUBLIC OF ZAMBIA

RESPONDENT'S NOTICE OF CROSS-APPEAL

Appeal No..............................................

IN THE SUPREME COURT HOLDEN AT..................................................................................................

CIVIL JURISDICTION

BETWEEN:

.......................................................................................................................................Appellant

and

.......................................................................................................................................Respondent

TAKE NOTICE that, in the hearing of this appeal,.......................................................................................... the Respondent above named, being dissatisfied with the judgment the subject of the said appeal, will contend that the said judgment ought to be varied to the extent and in the manner and upon the grounds hereinafter set out, namely:

(Here set out the variations contended for and the grounds relied on in support):

Dated at .............................................this .................. day of ................., 19...... .

..........................................................................................
Respondent (or his Counsel)

Address for service..........................................................................................
.......................................................................................................................................
.......................................................................................................................................

To: The Master of the Supreme Court.

The Appellant.......................................................................................................................................

(Name)

of....................................................................................................................................................................................
..........................................................................................................................................................................
............................................................................................................................................................................
..............................................................................................................................................................................

(Address for service)

The Respondent .......................................................................................................................................

(Name)

of....................................................................................................................................................................................
....................................................................................................................................................................................
....................................................................................................................................................................................

(Address for service)

The District/Registrar of the High Court.......................................................................................................................................

Filed this....................................................day of .................., 19 ........,
at............................................................................................................................................................

........................................................................................................
Master of the Supreme Court of Zambia

NOTES:

(1) This Notice must be served on all interested parties who have themselves furnished addresses for service.

(2) Inapplicable words, etc., on this form should be deleted.

FORM CIV/6

[Rule 69]

REPUBLIC OF ZAMBIA

NOTICE OF NON-APPEARANCE

Appeal No.....................................................

IN THE SUPREME COURT HOLDEN AT CIVIL JURISDICTION........................................................................................................

BETWEEN:

........................................................................................................Appellant

and

........................................................................................................Respondent

TAKE NOTICE that the Appellant/Respondent

............................................................................................................................................................

(Name)

(1) Does not desire to be present in person or by practitioner at the hearing of the above- mentioned appeal, or at
any proceedings subsequent thereto.

(2) Submits herewith written argument for the consideration of the Supreme Court as set out in the Appendix hereto.

Dated at ....................................................this ................. day of ................., 19...... .

....................................................
Appellant/Respondent

To: The Master of the Supreme Court.

The Appellant............................................................................................................................................................

(Name)

of....................................................................................................................................................................................................
................................................................................................................................................................................................................
................................................................................................................................................................................................................

(Address for service)

The Respondent............................................................................................................................................................

(Name)

of....................................................................................................................................................................................................
................................................................................................................................................................................................................
................................................................................................................................................................................................................

(Address for service)

APPENDIX

(Here set out the argument to be put forward)

.....................................................
Appellant/Respondent

NOTES:

(1) This Notice must be served on all interested parties who have themselves furnished addresses for service.

(2) Inapplicable words, etc., on this form should be deleted.

FORM CIV/7

[Rule 63]

REPUBLIC OF ZAMBIA

WITHDRAWAL OF APPEAL

Appeal No......................................................

IN THE SUPREME COURT HOLDEN AT..........................................................................................................

CIVIL JURISDICTION

BETWEEN:

..........................................................................................................Appellant

and

..........................................................................................................Respondent

TAKE NOTICE that the Appellant/Respondent

...............................................................................................................................................................

(Name)

hereby discontinues all further proceedings in the above-mentioned appeal, or such part thereof as relates to
...............................................................................................................................................................
...............................................................................................................................................................

(set out)

Dated at .....................................................this ................. day of ................., 19...... .

..........................................................................................................
Appellant/Respondent (or his Counsel)

Address for service..........................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................

To: The Master of the Supreme Court.

The Appellant..........................................................................................................

(Name)

(Address for service)

The Respondent.............................................................................................................................

(Name)

(Address for service)
NOTES:

(1) This Notice must be served on all interested parties who have themselves furnished addresses for service.

(2) Inapplicable words, etc., on this form should be deleted.

FORM CIV/8

[Rule 16]

REPUBLIC OF ZAMBIA

NOTICE OF HEARING

Appeal/Application No......................................................

IN THE SUPREME COURT HOLDEN AT ..........................................................................................................

CIVIL JURISDICTION

BETWEEN:

..........................................................................................................Appellant/Applicant

and

..........................................................................................................Respondent

TAKE NOTICE that the above-mentioned Appeal/Application will be heard and determined by the Supreme Court sitting
at .....................................................on ............................... day, the ................................. day of....................................................., 19............, at the hour of ...................... o'clock in the ................... noon or so soon thereafter as Counsel may be heard.

Court No. ..........................................................................................................

Before...............................................................................................................

Dated at ..................................this ...................................... day of ........................ 19..........

.....................................................
Master of the Supreme Court of Zambia

To: The Appellant/Applicant...............................................................................................................................................................
...........................................................................................................................................................................................................

The Respondent.................................................................................................................................................................................
...........................................................................................................................................................................................................

The District/Registrar of the High Court at ........................................................................................................................................
and to.................................................................................................................................................................................................
...........................................................................................................................................................................................................
...........................................................................................................................................................................................................

Notice Board.

File.

{/mprestriction}

{{{_source.title}}} {{#_source.showPrice}} {{{_source.displayPrice}}} {{/_source.showPrice}}