Appeals and Review
This domain tests the routes of challenge after judgment: appeal to the Court of Appeal and Supreme Court, and the narrow review jurisdiction of the Supreme Court. Expect questions on time limits, leave, grounds, and the difference between appeal and review.
Appeal routes and time
- From a District Court, appeal lies to the High Court; notice of appeal generally must be filed within one month of the decision.
- From the High Court, appeal lies to the Court of Appeal under the Court of Appeal Rules, 1998 (C.I. 19); the notice of appeal is generally filed within three months.
- From the Court of Appeal to the Supreme Court, Article 131 of the 1992 Constitution governs: some appeals lie as of right (for example where the Court of Appeal reversed a decision of a lower court, or where the matter concerns the interpretation or enforcement of the Constitution), and the remainder require leave of the Court of Appeal or the Supreme Court.
Perfecting the appeal
The notice states the grounds and the reliefs sought and is filed in the registry of the court below. The record of appeal is then transmitted, followed by the appellant's written submissions (synopsis of argument) and the respondent's submissions. Failure to perfect within the prescribed time can lead to the appeal being struck out for want of prosecution; extension of time requires an application supported by grounds for the delay, an arguable appeal and absence of prejudice to the respondent.
Stay and effect
An appeal does not operate as a stay of execution. A party seeking a stay applies to the court below or the appellate court, which considers whether the appeal is arguable and the balance of hardship, often on terms such as security.
Review
The Supreme Court may review its own judgments under Article 132, on grounds such as exceptional circumstances resulting in a miscarriage of justice, discovery of important new evidence not available earlier, or an error apparent on the face of the record. Review is not a second appeal: re-argument of the same points fails. The Court of Appeal is generally functus officio after judgment, save for the slip rule.
Worked example
An appellant loses in the High Court on a point of interpretation of a statute and files a notice in the Court of Appeal after five months. Reasoning: the notice is out of time; he must apply for extension of time, explaining the delay and showing an arguable ground. If he then loses and seeks a second bite, review requires a review ground, not repetition of his appeal submissions.
Traps that cost marks
Assuming an appeal stays execution; filing an appeal asserting facts instead of identifying specific errors of law; using review as a disguised appeal; and appealing an interlocutory order without the leave the rules require.