15. Appeals

Question 1

What is the destination of appeal where the judgment was delivered by:

(1) District Judge
(2) Circuit Judge
(3) Master of the High Court
(4) High Court Judge?

Answer 1

1. Circuit Judge
2. High Court Judge
3. High Court Judge
4. Court of a Appeal

Question 2

Is there an automatic right to appeal in civil cases?

Answer 2

No

Question 3

To where can a party make an application for permission to appeal?

Answer 3

1. Lower court where the decision was made
2. To the appeal court

Question 4

What are the two grounds to appeal a decision of a lower court?

Answer 4

1. Decision is wrong in fact, law, or the exercise of the court’s discretion
2. Decision is unjust due to serious procedural or other irregularity

Question 5

Within what time limit must a party appeal and when does this time begin to run?

Answer 5

Within 21 days of the date the judgment or order they are seeking to appeal was handed down

Question 6

Is it possible to apply to the court for more time to appeal?

Answer 6

Yes

Question 7

Are appeal applications held without a hearing?

Answer 7

Yes

Question 8

If appeal is not granted, within what time limit of the order refusing permission can the party request to have an oral hearing, and is the court required to grant this request?

Answer 8

7 days. Court not required to grant.

Question 9

What is the consequence of not seeking permission from a lower court, and not requesting a time extension?

Answer 9

After 21 days, they can no longer make an application to the court for permission to appeal

Question 10

In the case of not seeking permission from a lower court, and not requesting a time extension, such that application is barred, to what court can a party make a special case that permission should be applied retrospectively?

Answer 10

Court of Appeal

Question 11

How does the Court of Appeal treat this special case, and what three considerations must the party convince the court of?

Answer 11

As an application for relief from sanctions.

1. Seriousness and significance of failure to comply with the rules
2. Why the default occurred
3. Circumstances of the case, so court can deal with the application in a just manner

Question 12

What is an appeal hearing limited to?

Answer 12

A review of the decision of the lower court

Question 13

In an appeal, can a party rely on evidence that was not available in the original hearing?

Answer 13

Not without permission

Question 14

What is a rolled up appeal hearing?

Answer 14

Where the court considers the application to appeal and the actual appeal in the same hearing