ORDER 55C

APPEALS FROM DISTRICT
JUDGES IN CHAMBERS

Appeals from decisions of District Judges in Chambers (O. 55C, r. 1)
1. —(1) An appeal shall lie to a Judge of the High Court in Chambers from any judgment, order or decision of the District Judge in Chambers (not given or made in his capacity as the Registrar), including a judgment given, or an order or a decision made, on appeal from the Registrar.

(2) The Chief Justice may, from time to time, direct that such class or classes or description of proceedings be heard in Chambers, and any such proceedings, whether heard in open Court or in Chambers, shall be deemed to have been heard in Chambers for the purpose of paragraph (1).

(3) The appeal shall be brought by serving on every other party to the proceedings, in which the judgment, order or decision was given or made, a notice in Form 113 to attend before the Judge of the High Court in Chambers on a day specified in the notice.

(4) Unless the Court otherwise orders, the notice must be issued within 14 days after the judgment, order or decision appealed against was given or made and served on all other parties within 7 days of it being issued.

(5) Except so far as the Court may otherwise direct, an appeal under this Rule shall not operate as a stay of the proceedings in which the appeal is brought.

Leave to appeal (O. 55C, r. 2)
2. —(1) A party applying for leave under section 21 (1) of the Supreme Court of Judicature Act (Chapter 322) to appeal against any judgment, order or decision of a District Judge in Chambers (not given or made in his capacity as the Registrar), must file his application —

(a) to a District Judge in Chambers within 7 days of the judgment, order or decision; and

(b) in the event leave is refused by the District Judge, to the High Court within 7 days of the refusal.

(2) A party who has obtained leave to appeal under this Rule shall file and serve the notice of appeal within 14 days from the date on which such leave was given.

Enforcement of judgments which have been the subject-matter of an appeal (O. 55C, r. 3)
3. The taking of any steps for the execution or enforcement of a judgment or order which has been the subject-matter of an appeal must be in the Subordinate Courts.