ORDER 55

APPEALS TO HIGH COURT FROM
COURT, TRIBUNAL OR PERSON

Application (O. 55, r. 1)
1. —(1) Subject to paragraphs (2) and (4), this Order shall apply to every appeal which under any written law lies to the High Court from any court, tribunal or person.

(2) This Order shall not apply to an appeal from a Subordinate Court constituted under the Subordinate Courts Act (Chapter 321) or any application by case stated.

(3) Rules 2 to 7 shall, in relation to an appeal to which the Order applies, have effect subject to any provision made in relation to that appeal by any other provision of these Rules or under any written law.

(4) In this Order, references to a tribunal shall be construed as references to any tribunal constituted under any written law other than any of the ordinary courts of law.

Bringing of appeal (O. 55, r. 2)
2. —(1) An appeal to which this Order applies shall be by way of rehearing and must be brought by originating summons.

(2) Every originating summons by which such an appeal is brought must be filed in the Registry and must state the grounds of the appeal and, if the appeal is against a judgment, order or other decision of a court, must state whether the appeal is against the whole or a part of that decision and, if against a part only, must specify the part.

(3) The bringing of such an appeal shall not operate as a stay of proceedings on the judgment, determination or other decision against which the appeal is brought unless the Court by which the appeal is to be heard or the court, tribunal or person by which or by whom the decision was given so orders.

Service of originating summons and entry of appeal (O. 55, r. 3)
3. —(1) The persons to be served with the originating summons by which an appeal to which this Order applies is brought are the following:

(a) if the appeal is against a judgment, order or other decision of a Court, the Registrar or clerk of the Court and any party to the proceedings in which the decision was given who is directly affected by the appeal;

(b) if the appeal is against an order, determination, award or other decision of a tribunal, Minister, Government department or other person, the chairman of the tribunal, Minister, Government department or person, as the case may be, and every party to the proceedings (other than the appellant) in which the decision appealed against was given.

(2) The originating summons must be served within 28 days after the date of the judgment, order, determination or other decision against which the appeal is brought.

(3) In the case of an appeal against a judgment, order or decision of a Court, the period specified in paragraph (2) shall be calculated from the date of the judgment or order or the date on which the decision was given.

(4) In the case of an appeal against an order, determination, award or other decision of a tribunal, Minister, Government department or other person, the period specified in paragraph (2) shall be calculated from the date on which notice of decision was given to the appellant by the person who made the decision or by a person authorised in that behalf to do so.

Date of hearing of appeal (O. 55, r. 4)
4. Unless the Court having jurisdiction to determine otherwise directs, an appeal to which this Order applies shall not be heard sooner than 21 days after service of the originating summons by which the appeal is brought.

Amendment of grounds of appeal, etc. (O. 55, r. 5)
5. —(1) The originating summons by which an appeal to which this Order applies is brought may be amended by the appellant, without leave, by serving an amended originating summons not less than 7 days before the day appointed for the hearing of the appeal, on each of the persons on whom the originating summons to be amended was served.

(2) [Deleted by S 806/2005]

(3) Except with the leave of the Court hearing any such appeal, no grounds other than those stated in the originating summons by which the appeal is brought or any amended originating summons under paragraph (1) may be relied upon by the appellant at the hearing; but the Court may amend the grounds so stated or make any other order, on such terms as it thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(4) Paragraphs (1) and (3) are without prejudice to the powers of the Court under Order 20.

Powers of Court hearing appeal (O. 55, r. 6)
6. —(1) In addition to the powers conferred by Rule 5 (3), the Court hearing an appeal to which this Order applies shall have the powers conferred by paragraphs (2) to (7).

(2) The Court shall have power to require further evidence on questions of fact, and the evidence may be given in such manner as the Court may direct either by oral examination in Court, by affidavit, by deposition taken before an examiner or in some other manner.

(3) The Court shall have power to draw any inferences of fact which might have been drawn in the proceedings out of which the appeal arose.

(4) It shall be the duty of the appellant to apply to the Judge or other person presiding at the proceedings in which the decision appealed against was given for a signed copy of any note made by him of the proceedings and to furnish that copy for the use of the Court; and in default of production of such a note, or, if such a note is incomplete, in addition to that note, the Court may hear and determine the appeal on any other evidence or statement of what occurred in those proceedings as appears to the Court to be sufficient.

Except where the Court otherwise directs, an affidavit or note by a person present at the proceedings shall not be used in evidence under this paragraph unless it was previously submitted to the person presiding at the proceedings for his comments.

(5) The Court may give any judgment or decision or make any order which ought to have been given or made by the Court, tribunal or person and make such further or other order as the case may require or may remit the matter with the opinion of the Court for rehearing and determination by it or him.

(6) The Court may, in special circumstances, order that such security shall be given for the costs of the appeal as may be just.

(7) The Court shall not be bound to allow the appeal on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court substantial wrong or miscarriage has been thereby occasioned.

Right of Minister, etc., to appear and be heard (O. 55, r. 7)
7. Where an appeal to which this Order applies is against an order, determination or other decision of a Minister or Government department, the Minister or department, as the case may be, shall be entitled to appear and be heard in the proceedings on the appeal.