ORDER
56
APPEALS FROM REGISTRAR AND
JUDGE
IN PROCEEDINGS
IN SUPREME COURT
Appeals from decisions of Registrar to Judge in Chambers
(O. 56, r. 1)
1.
—(1)
An
appeal shall lie to a Judge in Chambers from any judgment, order
or decision of the Registrar.
(2)
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 on a day specified in the notice.
(3)
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.
(4)
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.
Further arguments on interlocutory orders (O. 56,
r. 2)
2.
—(1)
An
application to a Judge for further argument in Court pursuant to
section 34 (1) (c) of the Supreme Court of Judicature
Act (Chapter 322) shall, subject to the provisions of that section,
be made in accordance with practice directions for the time being
issued by the Registrar.
(2)
Unless the Registrar informs the party
making the application within 14 days of the receipt of the application
that the Judge requires further arguments, the Judge shall be deemed
to have certified that he requires no further arguments.
(3)
Upon hearing further arguments, the
Judge may affirm, vary or set aside the interlocutory order previously
made or may make such other order as he thinks fit. Any such hearing,
if in Chambers, shall be deemed to be a hearing in Court for the purposes
of section 34 (1) (c) of the Supreme Court of
Judicature Act.
Leave to appeal against order or judgment of Judge
(O. 56, r. 3)
3.
—(1)
A
party applying for leave under section 34 of the Supreme Court of
Judicature Act (Chapter 322) to appeal against an order made, or
a judgment given, by a Judge must file his application —(a)
to the Judge within 7 days of the
order or judgment; and
(b)
in the event leave is refused by the
Judge, to the Court of Appeal 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 one month from the date on which such leave was given.
Application (O. 56, r. 4)
4.
This
Order shall only apply to proceedings in the Supreme Court.