COURT OF APPEAL CIRCULAR NO. 2 OF 2016
PO BOX 90
20th July, 2016
TO : The Honourable Chief Justice
The Hounarable Judges of the High Court
The Honourable Attorney General
The Deputy Attorney General
The Director of Public Prosecution (for onward transmission
to professional member of his staff)
The chief Magistrate
The Senior Resident Magistrates
The President of the Law Society
The Crown Counsel
The Chief Legal Aid Counsel
All Legal Practitioners
COURT OF APPEAL OCTOBER SESSION 2016 SESSION
- It has been deemed necessary once again advise those cite above about the Court of Appeal next session and the procedures to be complied with by all
- To meet the needs of all concerned and after consultation with the Chief Justice, it has been decided to hold the following session of the Court of Appeal from Monday 10th October, 2016 to Friday 28th October, 2016.
- The appellant’s attorneys in civil matters and the DPP’s office will be responsible for the preparation of records, and shall be liable to an adverse order of costs, including an order de bonis propriis in the event of dereliction of this duty.
- Such persons shall ensure that the record is legible on each page, typed in double line spacing, indexed, that any handwritten document is also typed out, the record is compiled chronologically from front to back, that it comprises the entire record of proceedings in the court below, including all documentary exhibits, that each page is clearly and correctly paginated, that seven identical copies are filed, properly bound (spiral)and that the Court of Appeal Rules are otherwise complied with in relation to the proper preparation and filing of the records.
- A certificate certifying compliance with the above, signed by the persons specified above shall be filed with the record and served on all the other parties to the appeal.
- No matter shall be enrolled for hearing in the next session later than 11th August, 2016 or otherwise not in compliance with paragraph 4 and 5 above.
- Kindly be advised that the court fees shall be according to Supplement no. 2 to Gazette NO. 55 OF the 17th November, 2006 second schedule. i.e.
- for lodging any application including affidavits M20.00
- for lodging notice of appeal or cross appeal M40.00
- for every order of court M30.00
- for a certified copy of any order M10.00
- request for a copy of any record or part
thereof, If made by an official of the Court
or the High Court M1.00
(for every page of 15o words or less)
All records shall be filed with the Registrar by not later than Wednesday 04th August, 2016
Pursuant to the Court of Appeal Rules 3 (11) all heads of argument by the appellants (and cross appellants) shall be filed with the Registrar by not later than Thursday 11th August, 2016.
- All heads of argument by the respondents shall be filed with the Registrar by not later than Thursday 25th August, 2016
- Seven copies of all heads of argument shall be filed with the Registrar
- All the seven copies of heads of argument shall be accompanied by the front page and the relevant portions of all statutory provisions, regulations and rules and unreported decisions to which reference is made.
- The roll for the Court of Appeal term specified in paragraph 2 above shall be affixed by the Registrar to the main notice board of the High Court and at the Court of Appeal buildings by not later than Friday 16th September, 2016
- The attorneys of record for all parties to all appeals enrolled for the term and the DPP are under the duty to be present at the commencement of the session at 09: 30 hrs., on the first day of the session or as soon thereafter as the court may convene, to receive oral directions from the President (a.i) as to the exact time of the hearing, and incidental matters.
The Registrar is to be informed in writing at least fourteen (14) days before the commencement of the session of any appeal which is abandoned, or settled or in relation to which an application for postponement is to be made, by a person specified in paragraph 4 above
Any person failing to inform the court accordingly shall similarly be liable to such adverse order of costs. If not, the party seeking to withdraw the appeal shall appear at the scheduled hearing of the appeal to give reasons why the appeal was not withdrawn in accordance with the provisions of the circular.
Costs de bonis propriis
Practitioners are notified that failure to comply with the Court of Appeal Rues or this notice, or other incompetent or unprofessional conduct on their part may result in a matter struck from the roll or in an order directing that such practitioner(s) personally be the subject of an adverse order of costs, or be disentitled from recovering fees in the matter.
This notice takes immediate effect, and shall apply to all pending appeals.
***NB KINDLY CONSULT THE ASSSISTANT REGISTRAR OF THE COURT OF APPEAL AS SOON AS BEFORE 11th AUGUST, 2016 FOR ANY PENDING APPEAL TO ADDRESS SUCH.
FURTHERMORE, BE INFORMED THAT ALL MATTERS IN WHICH APPEALS HAVE BEEN NOTED, RECORD HAS TO BE FILED, AND THE HEADS OF ARGUMENT FROM BOTH PARTIES SHOULD ALSO BE FILED SO THAT SUCH MATTERS BE ENROLLED FOR CONVENIENCE.
ADV. M. R. MOTHOBI (MRS)
COURT OF APPEAL