Appeal Flashcards
What is an appeal?
An appeal is a complaint against the decision of a lower court to a higher court.
Is the right to appeal a constitutional right?
Yes, the right to appeal is a constitutional right and cannot be denied.
Who can appeal in a criminal case?
The right of appeal is exercisable only by either the Prosecutor or the Accused/Defendant.
Can a victim appeal in criminal cases?
No, a party interested or the victim does not have the right to appeal in criminal cases.
What is the time limit to file an appeal from the Magistrate Court to the High Court?
Appeals must be filed within 30 days after the Judgment.
What is the time limit to file an appeal from the High Court to the Court of Appeal?
Appeals must be filed within 90 days after the Judgment.
What is the time limit to file an appeal from the Court of Appeal to the Supreme Court?
Appeals must be filed within 30 days after the Judgment.
What is the time limit for interlocutory decisions?
Interlocutory decisions must be filed within 15 days.
What is the procedure for filing an appeal?
It is by filing a Notice of Appeal at the Registry of the trial court.
Who must sign the Notice of Appeal?
The Notice of Appeal must be signed by the Appellant or by his Legal Representative.
What happens if an appeal requires leave of court?
You must apply for the leave of court before filing the appeal, or it will be vitiated.
What happens if the appellant is in custody?
An Appellant in custody can give his Notice of Appeal to the Officer in charge of the Prison.
What must a Notice of Appeal state?
It must state the Grounds of appeal, whether it is the whole or part of the decision, the exact nature of the relief sought, and the names and addresses of all parties affected.
What are the grounds of appeal?
The grounds of appeal may be based on misdirection, error of law, or the omnibus ground of appeal.
What is the omnibus ground of appeal?
It is an attack on the findings of facts at the trial Court, stating that the decision is against the weight of evidence.
Can a bare Notice of appeal be considered valid?
No, a bare Notice of appeal without grounds is valueless and incompetent.
What is required if there is a defect in the grounds of appeal?
The appellant may amend the defect if the time for filing has not elapsed.
What is the relationship between issues for determination and grounds of appeal?
All issues for determination must be derived from one or more grounds of appeal.
Does a Notice of Appeal operate as a stay of execution?
Generally, it does not, but if the appeal is against a death sentence, it operates as a stay.
When is new evidence admissible on appeal?
New evidence is admissible if it is in the interest of justice, not available at trial, credible, and will not lead to rehearing.
What is the order of filing Brief of Arguments?
The appellant files within 45 days, the respondent within 30 days, and the appellant may file a reply brief within 14 days.
What happens if an Appellant fails to file his brief within time?
His appeal may be struck out.
What is required for an extension of time to appeal?
File a Notice of Motion for extension supported with an Affidavit stating reasons for the delay.
What is a Trinity Prayer?
It is an application for leave in the Court of Appeal containing three prayers: extension of time to seek leave, leave to appeal, and extension of time to appeal.
What is abandonment of appeal?
An appeal may be abandoned if the appellant fails to file grounds of appeal or fulfill other conditions.
When will an appeal abate?
An appeal will abate if the appellant dies before the appeal is heard, if based on a sentence of imprisonment.
When may a re-trial be ordered?
A re-trial may be ordered if there has been an error in law or irregularity, and other conditions are met.
What is a trial de novo?
It is a fresh trial of a case that was previously part heard by another judge but not determined.
