Appeal Flashcards
1
Q
Briefly distinguish between appeal and review
A
- in case of appeal the appelant is bound by the record
- in the case of review the applicant is not so bound often objections concerning the conduct on the side of the presiding officer is not evident from the record
- an appeal must be noted within the prescribed time limit
- there is not\ fixed period for review must be brought within a reasonable time
- on appeal it is contended that the presiding officer came to the wrong conclusion either on facts, the law or on both facts and the law
- grounds for review on a lower court judgment is limited
- permission for leave to appeal required in some appeal procedures
- no permission required to review procedures
2
Q
Draft Notice of Appeal
A
BE PLEASED TO TAKE NOTICE that the Appellant hereby notes on appeal to the Honourable Court against the whole judgment and order handed down by the Honourable Mr XYZ on the ___ 2020. In the (cite court) under case number___.
Please take notice further that the Appellant notes an appeal with the leave of the Court a Quo, such leave being granted on ____ 2020. A certified copy of the order granting leave to appeal is filed herewith.
Grounds of Appeal:
