Court of Appeal Circular No. 3 of 2014
COURT OF APPEAL CIRCULAR NO. 3 OF 2014
Tel: 22 311979
Fax: 22 311612
24th April, 2014
TO : The Honourable Chief Justice (a.i)
The Honourable Judges of the High Court
The Honourable Attorney General
The Deputy Attorney General
The Director of Public Prosecutions (for onward transmission to professional members of his staff)
The Chief Magistrates
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 2014 SESSION
1. It has been deemed necessary once again to advise those cited above about the Court of Appeal next session and the procedures to be complied with by all those affected.
2. 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 06TH OCTOBER, 2014 to 24TH OCTOBER, 2014.
3. The appellant’s attorneys of record in civil matters and the DPP’s office in criminal matters, shall be responsible for the preparation of records, and shall be liable to an adverse order of costs, including an order de bonis prospriis in the event of a dereliction of this duty.
4. 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 six identical copies are filed, properly bound and that the Court of Appeal rules are otherwise complied with in relation to the proper preparation and filing of records.
5. A certificate certifying compliance with the above, signed by the person specified in 4 above, shall be filed with the record and served on all other parties to the appeal.
6. No matter shall be enrolled for hearing in the next session later than Thursday25th September, 2014 or otherwise not in compliance with paragraph 4 to 5, save upon written application to the President on good cause shown after written notice to all parties to the appeal.
7. Pursuant to Court of Appeal Rules 3 (11), all heads of argument by appellants (and cross-appellants) shall be field with the Registrar by not later than Wednesday06th August, 2014.
8. All heads of argument by respondents shall be filed with the Registrar by not later than Wednesday 27th August, 2014.
9. Seven copies of all heads of argument shall be filed,
Unless the Registrar directs otherwise.
10. All seven copies of heads of argument shall be accompanied by copies of the front page and relevant portions of all statutory provisions, regulations and rules and unreported decisions to which reference is made.
11. The roll for the Court of Appeal term specified in paragraph 2 above shall be affixed by the Registrar to the main notice boards of the High Court and at the Court of Appeal buildings by not later than Wednesday17th September, 2014.
12. The attorneys of record for all parties to all appeals enrolled for the term and the DPP are under a duty to establish from these notice boards what date(s) are allocated for hearing.
The persons in 13 above are also under duty to be presented at the commencement of the session at 10h00. On the first day of the session, or as soon thereafter as the court may convene, to receive oral directions from the president or Senior Judge President as to the exact time of the hearing, and incidental mattes.
The Registrar is to be informed in writing at least fourteen (14) days before 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 the person specified in paragraph 4 above, and any such 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
Practitioner are notified that failure to comply wit the court of Appeal Rules 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.
N.B. ONLY MATTERS IN WHICH RECORD, HEADS OF ARGUMENT FROM BOTH PARTIES, TOGETHER WITH THE NOTICE OF SET DOWN HAVE BEEN FILED WILL BE ENROLLED.
M.R. MOTHOBI (MRS)
ASSISTANT REGISTRAR COURT OF APPEAL