Order 11 — Appellate Jurisdiction: Civil Appeals

This Order shall apply to appeals to the Court from the Court below in civil cases, and to matters related thereto.

(1) All appeals shall be by way of rehearing and shall be brought by notice (herein after called “the Notice of Appeal”) to be filed physically or electronically in the Registry of the Court below, which shall set forth the grounds of appeal, stating whether the whole or part only of the decision of the Court below is complained of (in the latter case specifying such part) and shall state also the exact nature of the relief sought and the names, addresses, emails and telephone numbers of all parties directly affected by the appeal and shall be accompanied by a sufficient number of copies for service on such parties. It shall also have endorsed on it an address for service.

(2) Where a ground of appeal alleges misdirection or error in law, the particulars and the nature of the misdirection or error shall be clearly stated.

(3) The Notice of Appeal shall set forth, concisely and under distinct heads, the grounds upon which the Appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

(4) The Notice of Appeal shall be signed by the Appellant or his Legal Practitioner.

Any ground which is vague or general in terms or which discloses no reasonable ground of appeal shall not be permitted, save the general ground that the judgment is against the weight of the evidence. A ground of appeal or any part thereof which is not permitted under this Rule may be struck out by the Court suo motu or on application by the Respondent.

The Appellant shall not without the leave of the Court urge or be heard in support of any ground of appeal not mentioned in the Notice of Appeal, but the Court may in its discretion allow the Appellant to amend the Notice of Appeal upon payment of the fees prescribed for making such amendment and upon such terms as the Court may deem just.

Notwithstanding the foregoing provisions, the Court in deciding the appeal shall not be confined to the grounds set forth by the Appellant:
Provided that the Court shall not, if it allows the appeal, rest its decision on any ground not set forth by the Appellant unless the Respondent has had sufficient opportunity of contesting the case on that ground.

The Court shall have the power to strike out a Notice of Appeal where the Notice of Appeal is incompetent.

A Notice of Appeal may be amended by or with the leave of the Court at any time before judgment.

(1) The Court may in any case direct that the Notice of Appeal be served on any party to the proceedings in the Court below on whom it has not been served or on any person not a party to those proceedings.

(2) The Court may in any case where it gives a direction under this Rule:
(a) postpone or adjourn the hearing of the appeal for such period and on such terms as may be just; and
(b) give such judgment and make such orders on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

It shall be the duty of counsel representing a party to an appeal to give immediate notice of the death of that party to the Registrar of the Court below or to the Registrar of the Court (as the case may require) and to all other parties affected by the appeal as soon as he becomes aware of the fact.

Where it is necessary to add or substitute a new party for the deceased, an application shall, subject to the provisions of Order 7 Rule 2(1) of these Rules, be made in that behalf to the Court below or to the Court either by any existing party to the appeal or by any person who wishes to be added or substituted.

All actions or other things whatsoever taken or done by the Registrar of the Court below or by any other person for the purpose of completing the record and transmitting the same to this Court shall not be open to objection on the ground that it was taken or done after the death of a party to the appeal.

Where an appeal has been set down for hearing and the Court is or becomes aware that a necessary party to the appeal is dead, the appeal may be struck off the Civil Appeal Book:
Provided that no such striking out order shall be made when a formal application is made or brought by any party or intervener for substitution or other appropriate remedy, in which case, the Court, upon hearing such application, shall make such orders as it deems fit.

Where the name of a party to an appeal is changed during the pendency of the appeal, the party or the Appellant shall apply to the Court, in the manner prescribed in these Rules, for an order of substitution.

An Appellant may at any time before the hearing of an appeal file a notice of withdrawal of the appeal at the Registry and serve the parties.

If all parties to the appeal consent to the withdrawal of the appeal without an 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 legal practitioner and the appeal shall thereupon be deemed to have been withdrawn and shall be dismissed by the Court and in such event any sum lodged in Court as security for the costs of the appeal shall be paid out to the Appellant.

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 up 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.

(1) If the Appellant has complied with none of the requirements or Order 6 Rule 3 of these Rules, the Registrar of the Court below shall certify such fact to the Court, which shall thereupon order that the appeal be dismissed with or without costs, and shall cause the Appellant and the Respondent to be notified of the terms of its order.

(2) Where an appeal has been dismissed under sub-rule (1) of this Rule, a Respondent who has given notice of Cross-appeal may proceed and the provisions of Order 6 Rules 2 and 3 of this Rules, shall apply as if the appeal were brought under that Rule.

(3) If the Respondent alleges that the Appellant has failed to comply with any part of the requirements of Order 6 Rule 3 of these Rules, the Court, if satisfied that the Appellant has so failed, may dismiss the appeal for want of diligent prosecution or make such other order as the Court may deem fit.

(4) An Appellant whose appeal has been dismissed under this Rule may apply by motion on notice within sixty (60) days from the date of dismissal that his appeal be restored. Any such application may be made to the Court and the Court may, where exceptional circumstances have been shown, cause such appeal to be restored upon such terms as it may deem appropriate.

(5) Any application under this Rule may be considered and determined by the Court in chambers without oral argument.