APPEALS TO THE COURT OF APPEAL

Part I - Preliminary

1. In this Order unless it is expressly provided to the contrary or the context

2. This Order applies, subject to section 38 of the Act and to the provisions of these Rules with respect to particular appeals, to every appeal to the Court of Appeal (including so far as it is applicable thereto, any appeal to that Court from a referee, Master or from any tribunal from which an appeal lies to that Court under or by virtue of any enactment) not being an appeal for which other provision is made by these Rules, nor an appeal by way of case stated on a question of law for determination by the court.

3. (1) Without prejudice to its powers under Order 3, rule 5, the Court may direct a departure from the rules of this Order in any way where this is required in the interest of justice.

(2) The time for delivering, amending or filing any pleading, answer or other document may be enlarged by consent in writing, without application to the Court or a single Judge thereof.

PART II - GENERAL PROVISIONS AS TO APPEALS

4. (1) Subject to paragraph (1A) all appeals shall be by way of rehearing and shall be brought by a notice, in Form 1 in Appendix B, to be filed with the Registrar at the Registry, which shall-

(2) If the grounds of appeal allege misdirection or error in law, particulars of the misdirection or error shall be clearly stated.

(3) The grounds of appeal shall set out concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

(4) No ground which is vague or general in terms or which discloses no reasonable grounds of appeal shall be permitted , save the general ground that the judgment is against the weight of the evidence, and any ground of appeal or any part thereof which is not permitted under this rule may be struck out by the Court of its own motion or on application by the respondent.

(5) The appellant shall not, without the leave of the Court, urge or be heard in support of any ground of objection not mentioned in the notice of appeal, but the Court may, in its discretion, allow the appellant to amend the grounds of appeal upon payment of the fees prescribed for making such amendment and upon such terms as the Court may deem just.

(6) Notwithstanding the foregoing provisions, the Court in deciding the appeal-

(7) No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision upon the appeal as may be just.

(8) Where a notice of appeal has been filed in the Sub-Registry of Tobago-

5. Where an ex parte application has been refused by the Court below or a judge thereof, an application for a similar purpose may be made to the Court ex parte within fourteen days from the date of such refusal or within such enlarged time as the Court or a single Judge thereof may allow.

6. (1) Where an appeal lies by leave only, any person desiring leave to appeal shall apply for leave within fourteen days, either by notice of motion or by summons (whichever is appropriate), and such application shall be made to the Court and the period of fourteen days shall run from the date of the decision against which leave to appeal is sought.

(2) If leave is granted, the appellant shall file a notice in Form 2, in Appendix B, in the manner provided by rule 4 (1) for the filing of the notice of appeal for which provision is made in that rule, within fourteen days from the grant of leave and a copy of the order granting leave shall be annexed to the notice of appeal.

(3) If a respondent intends, upon the hearing of an application brought under this rule, to apply for leave to appeal in order to contend that the decision of the Court below or judge thereof should be varied either in any event or in the event of the appeal being allowed either in whole or in part, he shall, within seven days of the service upon him of the summons or notice of motion (or within such time as may be prescribed by special order made on application), give notice in Form 3, in Appendix B, of such intention, after first filing the notice with the Registrar, to any parties who may be affected by such contention and in the notice so filed and in the notice given to any such parties he shall clearly state the reasons on which he intends to rely.

1. If on the hearing of a motion or summons brought under this rule the respondent is given leave to appeal in order to contend that the decision of the Court below or of the judge thereof should be varied either in any event or in the event of the appeal being allowed either in whole or in part, it shall not be necessary for him to comply with the provisions of rule 9.
2. The provisions of paragraph (3) of rule 9 shall apply to a notice given under this rule as it applies to a notice given under rule 9.

7. (1) Subject to the provisions of this rule, no appeal shall be brought after the expiration of six weeks from the date of judgment delivered or order made against which the appeal is brought:

(2) Where an appeal lies by leave only against an order or judgment to which paragraph (1) (a) applies, the period within which the appeal shall be brought shall be 14 days from the grant of the leave.

(3) Where a summons to vary or discharge a certificate and the further consideration of an action are heard together, and an order is made on both, notice of appeal in respect of the order made on the summons may be served at any time before the expiration of the period within which notice of appeal could be served in respect of the order made on further consideration.

(4) An appeal shall be deemed to have been brought when the notice of appeal has been filed with the Registrar.

(5) A Judge of the Court may by order extend any time prescribed in paragraph (1) within which an appeal may be brought, provided an application for this purpose is made within one month of the expiration of the time so prescribed.

(6) In exceptional circumstances, the Court having power to hear and determine an appeal, may extend the time within which an appeal may be brought on an application made after the period limited for an application to a Judge of the Court under paragraph (5).

(7) Every application for enlargement of time when made to a Judge of the Court shall be made by summons, and when made to the Court shall be by motion. Every summons or notice of motion filed shall be supported by an affidavit setting forth good and substantial reasons for the application and grounds of appeal which prima facie show good cause therefore and the provisions of Order 8 rules 2, 3(1) and (4) and rule 5 and of Order 32 rules 2, 3, 4 and 5 shall with such modifications as may be necessary respectively apply thereto and references therein to the Court shall be construed as references to the Court of Appeal.

(8) A copy of the summons and supporting affidavit and three copies of the notice of motion and supporting affidavit, in addition to the filed copies, shall be left with the Registrar at the time of filing.

(9) When time is so enlarged a copy of the order granting such enlargement shall be annexed to the notice of appeal.

8. (1) A true copy of the notice of appeal shall be served upon all parties directly affected by the appeal and it shall not be necessary to serve any party not so affected; but the Court may direct notice of appeal to be served on all or any parties to the action or other proceedings in the Court below on whom it has not been served, or on any person not a party to the action or those proceedings and in any case in which the Court directs the notice of appeal to be served on any party or person, the Court may postpone or adjourn the hearing of the appeal for such period and on such terms as may be just and give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

(2) A true copy of the notice of appeal shall be served upon the respondent within seven days after the original notice has been filed.

(3) In any case in which the Court directs the notice of appeal to be served on any party or person, the Court may also direct that any respondent’s notice shall also be served on him.

9. (1) A respondent who, not having appealed from the decision of the Court below or of the judge thereof, desires to contend on the appeal that the decision of that court or judge should be varied, either in any event or in the event of the appeal being allowed in whole or in part, must give notice in Form 3, in Appendix B, to that effect, specifying the ground of that contention and the precise form of the order which he proposes to ask the Court to make, or to make in that event, as the case may be.

(2) Any notice given by a respondent under this rule must first be filed and thereafter served on the appellant, and on all parties to the proceedings in the Court below who are directly affected by the contentions of the respondent, and must be served within 14 days after service on the respondent of the notice of appeal or within such time as may be prescribed by special order made on application.

(3) A copy of the respondent’s notice shall be included in the record but if the record has already been filed, the prescribed number of copies shall be prepared forthwith and left with the Registrar by the appellant for the use of the Judges.

(4) The omission to give notice shall not diminish the powers conferred upon the Court by the Act, but may, in the discretion of the Court, be a ground for the adjournment of the appeal, or for any special order as to costs.

(5) In the event that the appellant, before filing the record, withdraws his appeal, if the respondent intends to proceed with his notice under paragraph (1) he shall comply with the provisions of rule 17 (1)(a)(i) and (b).

10. (1) A notice of appeal or respondent’s notice may be amended-

(2) A party by whom a supplementary notice is served under this rule shall, within two days after service of the notice, furnish four copies of the notice to the Registrar.

11. (1) A respondent intending to rely upon a preliminary objection to the hearing of the appeal shall give the appellant three clear days notice thereof, before the hearing, setting out the grounds of objection and shall file such notice together with three copies thereof with the Registrar at the same time.

(2) If the respondent fails to comply with this rule the Court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the respondent or make such other order as it thinks fit.

(3) A notice under this rule shall be in Form 4, in Appendix B.

12. (1) Where a notice of appeal is filed on or after the 26^th day of May 1995, within 14 days of the filing of the notice, the party so appealing shall issue a summons in Form 5 of Appendix B to be served on the other party to attend before the Registrar in the Registry or Sub-Registry (as the case may be) to settle the documents, which expression shall include any other matter which may form part of a record, to be included in the record. Whether any of the parties attend the appointment or not, the Registrar may settle and sign and in due course file a list of such documents.

(1a) Where a notice of appeal is filed before the 26^th day of May 1995 the Registrar shall upon appeal being brought, summon the parties before him by summons in Form 5A of Appendix B to settle the documents, which expression shall include any other matter which may form part of a record, to be included in the record and shall, whether any of the parties attend the appointment or not, settle and sign and in due course file a list of such documents.

(2) The Registrar, as well as the parties, shall endeavour to exclude from the record all documents, more particularly such as are merely formal, that are not relevant to the subject matter of the appeal and generally to reduce the bulk of the record as far as practicable, taking special care to avoid duplication of documents and unnecessary repetition of headings and other merely formal parts of documents; but the documents omitted to be copied shall be enumerated in a list at the end of the record.

(3) If the Registrar or an party objects to the inclusion of a document or any part thereof on the ground that it is unnecessary or irrelevant and the other party nevertheless insists upon its being included, the document or part shall be included and the record shall, with a view to the subsequent adjustment of the costs of and incidental to the inclusion of such document or part, indicate in the index of papers or otherwise the fact that and the party by whom, the inclusion of the document or part was objected to.

13. (1) When any question of fact is involved in an appeal, the evidence taken in the Court below bearing on the question shall, subject to any special order of the Court, be brought before the Court as follows:-

(2) If, upon the hearing of an appeal, a question arises as to the ruling or direction of the judge of the Court below to assessors, the Court shall have regard to verified notes or other evidence, and to such other materials as the Court may deem expedient.

(3) The Court of Appeal shall have power to receive further evidence on questions of fact, either by oral examination in Court, by affidavit, or by deposition taken before an examiner; but, in the case of an appeal from a judgment after the trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds.

14. (1) Where any notes of proceedings whether in shorthand or longhand have been taken by a person employed in any Court below or taken by the judge of the Court below, copies of such parts of those notes as are required for the record of appeal shall be supplied by the Registrar on payment of the fees prescribed in Appendix 4 to Order 62.

(2) If no written decision is given by the judge of the Court below at the time of giving judgment, the judge shall communicate his reasons for the judgment in writing to the Registrar and those reasons shall be included in the record.

(3) On the hearing of an appeal, the Court shall have power, if the notes of the judge of the Court below or a transcript of the evidence not produced or if there are not such notes or transcript, to hear and determine the appeal upon any other evidence or statement of what occurred before that judge which the Court may deem sufficient.

15. (1) Subject to any directions given by the Chief Justice whether generally or in a particular case, the provisions of Order 66 shall, subject to paragraph (2), apply to every document required by this Order to be filed or left with the Registrar in the same manner as they apply to every document prepared by a party to any proceedings in the High Court for use in the High Court.

(2) For the purposes of this rule, references in Order 66 to the "Court" shall be construed as references to the Court of Appeal and the time limited in rule 3 of that Order shall commence to run from the time that the document to which it relates was filed with the Registrar or from the time of the receipt of the request for that document whichever is the later.

(3) The record shall, subject to any directions given by the Chief Justice, be arranged in book form, the documents numbered with an index to the front of the record referring to such numbers, the pages of each document numbered consecutively and the correspondence and exhibits arranged together at the end of the record.

(4) The Registrar may refuse to file or receive any document not strictly conforming to the requirements of this rule and the Court may disallow the costs of any such document which has been so filed or received.

16. (1) Any party may apply for and, on payment of the prescribed fee, obtain an office copy of any list of exhibits prepared for the purpose of an appeal to the Court.

(2) All original documents tendered in evidence to the Court below at the trial and not in the custody of the Registrar shall be forwarded to the Registrar when he requires them for the preparation of the record and, subject to the provisions of paragraph (3), shall be kept by the Registrar for the use of the Court until the determination of the appeal.

(3) Pending the hearing of an appeal, the Registrar may permit the return of an original document to any party or person in whose possession it was before being tendered in evidence to the Court below upon a request in writing being made to him for its return by that party or person.

(4) The provisions of Order 63 rule 8(4), (5), (6), (11), (12) and (13) shall, with the necessary modifications, apply to a request made pursuant to paragraph (3) of this rule as they apply to a request made pursuant to paragraph (3) of that rule and the reference to a Judge in chambers in paragraph (13) of that rule shall be construed as a reference to a single Judge of the Court.

17. (1) The appellant shall within three months from the date when the Record has been settled or within such extended time as may be granted by the Registrar under paragraph (2) or by the Court or a single Judge thereof-

(2) The Registrar shall have power upon application made to him in writing by the appellant to extend the time for filing the record provided that-

(3) The Registrar, upon the record being filed, shall give notice in Form 7 in Appendix B to the respondent of the filing of the record.

(4) The Registrar shall-

(5) The Registrar, upon the record being filed, shall set down the appeal for hearing by entering the same in the proper list of appeals.

18. If the appellant files with the Registrar a notice in Form 8 in Appendix B that he desires to withdraw his appeal, the appeal shall stand dismissed with costs on the date on which such notice is filed. The appellant at the same time shall serve copies of the notice of withdrawal on all or any of the parties with regard to whom the appellant wishes to withdraw his appeal, and any party so served shall be precluded from laying claim to any costs incurred by him after such service unless the Court shall otherwise order.

19. (1) It shall be the duty of the Registrar to see that an appellant complies with the provisions of rules 12(1) and 17 and he shall in March, July and November of each year, and may at any other time, report to the Court any failure on the part of an appellant so to comply and the Court of its own motion may make any such order as it might make upon an application by the respondent under paragraph (2) of this rule.

(2) If the appellant has failed to comply with the requirements of rule 12(1) or rule 17 (1) or any part thereof, the respondent may apply to the Court to dismiss the appeal for want of prosecution and the Court, if satisfied that the appellant has so failed, may dismiss the appeal or make such other order as the justice of the case may require.

(3) An appellant whose appeal has been dismissed under this rule may apply by notice of motion that his appeal be restored and the Court may, in its discretion for good and sufficient cause, order that such appeal be restored upon such terms as it may think fit.

20. (1) Without prejudice to the provisions of these Rules, in any cause or matter pending before the Court, a single Judge of the Court may upon application make orders for-

and may hear, determine and make orders on any other interlocutory application.

(2) Every order made by a single Judge of the Court in pursuance of this rule may be discharged or varied by the Court.

21. (1) Subject to the provisions of rule 7(7), every application made under this Order shall be made by summons or motion on notice and the provisions of Order 8 and with such modifications as may be necessary of Part I of Order 32 shall respectively apply thereto.

(2) The application shall be supported by an affidavit which shall be served with the summons or notice of motion, and shall set forth good and substantial reasons for the application and a copy of the summons and supporting affidavit and three copies of the notice of motion and supporting affidavit, in addition to the filed copies, shall be left with the Registrar at the time of filing.

(3) Where an application made by summons is heard by the Court it shall be treated as if it were a motion and it shall be heard in open court.

22. (1) An appeal shall not operate as a stay of execution or of proceedings under the judgment or order appealed from, except so far as the Court below or the judge thereof may have ordered or the Court may order, and no intermediate act or proceeding shall be invalidated by an appeal, except so far as the Court below, the judge thereof or the Court may otherwise direct.

(2) On an appeal, interest for such time as execution has been delayed by the appeal shall be allowed unless the Court otherwise orders and the Registrar may compute such interest without any order for that purpose.

23. (1) Before an application for security for costs is made, a written demand shall be made by the respondent and if the demand is refused or if an offer of security is made by the appellant and not accepted by the respondent, the Court shall, in dealing with the costs of the application, consider which of the parties has made the application necessary.

(2) An application for security for costs may be made at any time after the appeal has been brought and must be made promptly thereafter.

(3) An order for security for costs shall direct that in default of the security being given within the time limited therein, or any extension thereof, the appeal shall stand dismissed with costs.

(4) A bond with sureties for securing the costs of an appeal shall be in Form 9 in Appendix B.

24. An appeal against an interlocutory order shall be heard before not less than two Judges of the Court.

25. (1) If the appellant fails to appear when his appeal is called on for hearing, the appeal may be struck out or dismissed with or without costs.

(2) When an appeal has been struck out owing to the non-appearance of the appellant, the Court may, on application by the appellant by notice to the Court, if it thinks fit, and on such terms as to costs or otherwise as it may deem just, direct the appeal to be re-entered for hearing.

(3) Notwithstanding paragraph (2) of this rule, no application under this rule shall be made after the expiration of 21 days from the date of the judgment or order sought to be set aside.

26. (1) If the respondent fails to appear when the appeal is called on for hearing, the Court may proceed to hear the appeal ex parte.

(2) Where an appeal has been heard ex parte under this rule and any judgment has been given therein adverse to the respondent, he may apply by motion to the Court to set aside such judgment and re-hear the appeal and the Court may, if it thinks fit, and on such terms as to costs or otherwise as it may deem just, direct the appeal to be re-entered for hearing.

(3) Notwithstanding paragraph (2) of this rule, no application to set aside any judgment or order and re-hear the appeal under this rule shall be made after the expiration of 21 days from the date of the judgment or order sought to be set aside.

27. Any party may, upon payment of the prescribed fee, obtain from the Registrar a certificate in Form 10 of Appendix B, under the seal of the Court and the hand of the Registrar setting forth the judgment, and such judgment shall be enforced in terms of the certificate by the Court below.

Part III - Special Provisions As To Particular Appeals

28. Subject to the provisions of rules 29 to 40 (inclusive) the provisions in Parts I and II of this Order shall, so far as applicable, apply to appeals to the Court from a Petty Civil Court.

29. (1) All appeals shall be brought by notice of motion in a summary way, and no petition, case or other formal proceeding other than such notice of motion shall be necessary.

(2) The appellant may by the notice of motion appeal from the whole or any part of any judgment, order or finding, and the notice of motion shall state whether the whole or part only of such judgment, order or finding is complained of, and in the latter case shall specify such part.

(3) The appellant or his solicitor shall state in the notice of motion an address for service within three miles of the Court House, Port-of-Spain.

30. Every appeal shall be entered at the Registry, Port-of-Spain, and the entry shall be made by filing the notice of motion.

31. The appeal shall be entered and a true copy of the notice of motion shall be served by the appellant or his solicitor upon all parties directly affected by the appeal within 28 days from the date on which the judgment, order or finding complained of or any refusal was made or given.

32. (1) Upon notice of appeal being filed, the Registrar shall forthwith apply to the judge of the Petty Civil Court from which the appeal is brought for-

(2) The judge of the Petty Civil Court shall with all convenient despatch, transmit to the Registrar the documents applied for under paragraph (1) together with all exhibits put in evidence in the case.

33. Upon receipt of the documents transmitted pursuant to rule 32(2), the Registrar shall, as soon as practicable thereafter, send by registered post to the appellant or his solicitor at the address for service appearing on the notice of motion, a notification of his having received those documents, and such notification shall be deemed to have been served at the time when any letter so transmitted would be delivered in the ordinary course of post.

34. The appellant or his solicitor shall obtain from the Registrar upon payment of the proper fee an office copy of the documents transmitted pursuant to rule 32 (2) and shall within 21 days from the date of the notification provided for in the preceding rule, file an affidavit of service of the notice of appeal and furnish the Registrar with three copies of those documents and of the affidavit of service for the use of the Judges of the Court.

35. Any party to the appeal shall be entitled upon payment of the proper fee to obtain from the Registrar an office copy of the documents transmitted pursuant to Rule 32(2).

36. The appeal shall not operate as a stay of proceedings under the decision appealed from unless the judge of the Petty Civil Court shall so order or unless within ten days from the said decision a deposit shall be made of, or security given to the satisfaction of such judge for, a sum to be fixed by him not exceeding the amount of the money or the value of the property affected by the judgment, order or finding appealed from.

37. The Registrar shall charge and be paid in stamps on all documents filed by the appellant or any party to the appeal, the fees prescribed in Appendix 4 to Order 62 as the fees payable on appeal from a Petty Civil Court.

38. Costs in all cases of appeal from a Petty Civil Court shall be those fixed by the scale of costs in Appendix 2 to Order 62.

39. After the Court has pronounced judgment on the appeal or made any order thereon, the Registrar shall, with all convenient dispatch, transmit to the judge of the Petty Civil Court a certificate under the seal of the Court and the hand of the Registrar setting forth the judgment of the Court and shall at the same time return to the judge all exhibits.

40. A judgment of the Court shall be enforced by the Petty Civil Court.

41. (1) The foregoing provisions of this Order shall, in relation to any appeal for which leave is not required and which is deemed an urgent appeal by the Court or a Judge thereof under the following provisions of this rule, apply respectively thereto, subject to any directions given pursuant to the provisions of this rule by the Court or a Judge thereof in respect of that appeal.

(2) Where by reason of the nature of any cause or matter or the relief sought or for any other reason it is in the interest of justice that an appeal should be heard urgently, any party may apply at any time to the Court or a single Judge thereof for leave to have the appeal deemed urgent and fit to be placed on the list for hearing so soon as is practicable in priority over all other appeals on the list, if necessary.

(3) The application shall be supported by an affidavit stating the grounds on which the application is made and shall be served upon every person directly affected by the appeal at least one clear day before the hearing of the application.

(4) Upon hearing the application the Court or Judge may make such order as seems fit and give all necessary directions as to-