[O. 61, rr. 1-3

ORDER 61

APPEALS FROM TRIBUNALS TO COURT OF APPEAL BY CASE STATED

1. The following rules of this Order shall, in relation to an appeal to which this Order applies, have effect subject to any other provision made in relation to that appeal by these Rules or by or under any enactment.

2. (1) Where any tribunal is empowered or may be required to state a case on a question of law for determination by the Court of Appeal, any party to the proceedings who is aggrieved by the tribunal’s refusal to state a case may apply to the Court of Appeal for an order requiring the tribunal to state a case.

(2) An application under this rule must be made by motion and the notice of the motion, stating in general terms the grounds of the application, together with the question of law on which it is desired that a case shall be stated and any reasons given by the tribunal for its refusal, must be within 21 days after the refusal, be served on the clerk of the tribunal and on every other party to the proceedings before the tribunal.

(3) Within 2 days after service of the notice of motion, the applicant must lodge a copy of the notice with the Registrar and leave three copies of the proceedings for the use of the Judges of the Court of Appeal.

(4) Where a tribunal is ordered under this rule to state a case, the tribunal must, within such period as may be specified in the order, state a case, stating the facts on which the decision of the tribunal was based and the decision, sign it and cause it to be delivered to the applicant.

(5) Where the decision of a tribunal in respect of which a case is stated states all the relevant facts found by the tribunal and indicates the questions of law to be decided by the Court of Appeal, a copy of the decision signed by the person whom presided at the hearing shall be annexed to the case, and the facts so found and the questions of law to be decided shall be sufficiently stated in the case by referring to the statement thereof in the decision.

3. (1) The party at whose instance a case has been stated by a tribunal must, within 21 days after receiving the case:-

(2) Within 2 days after service of the notice, the said party must lodge the case and a copy of the notice with the Registrar and leave three copies of the proceedings for the use of the Judges of the Court of Appeal. The case shall not be heard until after the expiration of 21 days from the date on which it is so lodged.

(3) Where any enactment under which the case is stated provides that a Minister shall have a right to be heard in the proceedings on the case, a copy of the case and of the notice served under paragraph (1) must be served on that Minister.

(4) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the tribunal for amendment.

(5) Section 39 of the Act, shall, so far as applicable, apply, in relation to a case stated by a tribunal to which this Order applies.

(6) The Registrar shall notify the clerk of the tribunal, of the decision of the Court of Appeal and of any directions given by that Court thereon.