1.13 Appeals

Question 1

What is required for permission to appeal? Is there an appeal judgment as of right

Answer 1

1) Grounds
- Court considers appeal has real prospect of success
- Other compelling reason for appeal to be heard (real prospects of success, compelling reason (q of general principle decided for first time/public benefit), UNLESS no longer real issue)

2) Time limits
- File notice of appeal at appeals court (within 21 days after lower court’s decision)
- Apply for extension of time
- If NO permission granted => Further application to appeals court

NO appeal judgment as of right

Question 2

Where may appeals be heard?

Answer 2

County Court

• Appeal from District judge decision => Circuit judge
• Appeal from Circuit judge decision => High Court judge

High Court

• Appeal from Master/Registrar decision => High Court judge
• Appeal from High Court judge decision => CoA

Question 3

When may appeals be made towards lower court decisions?

Answer 3

Wrong decision

• Error of law/fact
• Error in exercise of court’s discretion

Unjust decision
- Serious procedural/other irregularity in lower court proceedings

Examples

• NOT give adequate reasons for decision
• Preventing party chance to make submission
• Entering judgment at hearing anticipated to be directions hearing

Question 4

What powers of lower court may appeal court exercise?

Answer 4

Affirm/Set aside/Vary lower court’s judgment

Refer claim/issue => Lower court’s determination

Order new trial/hearing