eo61

Supplcm ]l dated 31
PUBLIC NOTICE
totheSierraL eon?Gazct t
st O ctaber, 1985
e Vo l, CXYI, No. 91

THE COURT OF APPDAL .. '.i k ft

(Purr-lc Noltce No. 29 or 1
lr: r"*i

ARRANGEMENT OF
P,c.Rt I-PRELIMINARY
t 1 i:i j O-,'f*l
rJ

Interpretation. OSioq
1 :-:olj't B l1
Penr II-GENIERAL it--o Bi TL
2. Place and time of sittings.
3. Nomination of members of Court.
4. Session.
{ Riglit of audience.
6. Delivery ofjudgment.
7. Registers of appeals brought.
8. Foims in Appendices A and C to be used.
P,cnr III-CML
APPEALS
9. Notice and grounds of appeal. Civil Form I.
10. Leave. Civil Form 2.
ll. Time limits for appealing.
12. Service of notice of appeal.
13. Settling record of appeal.
14. Security for costs. Civil Form 4.
15. Additional security for costs.
16. Non-compliance with requirement for appeal. Civil Form 6.
17. Transmission of records. Civil Form 5. Civil Form 7. Civil
Form 8.
i8. Notice by respondent of contention that judgemcnt bc varied.
Civil Form 9.
19. Notice of preliminary objection to be filed. Civil Form 10.
20. (l) Withdrawal of appeal. Civil Form 11. Civil Form 12.
(3) Withdrawal of notice of withdrawal.
21. Exhibits.
22. Control ofproceedings during pendency of appeal.-
23. Submissioni by partynot appearing. Civil Form 13.
24. Non-appearance of appellant.
25. Non-appearance of respondent.
26. Application to set aside ex-parte judgement.
27. New evidence on appeal.
28. Appeal,' No stay of execution unless ordered.
29. Deiermination of doubt as to finality of judgement.
30. fnterlocutory judgment not to prejudice appeal.
3I. General powers of the Court.
32. Power of Court to give auy judgnnent and makc aoy otder.
33. Review ofjudgment.
ll

r.. (2)
(r) Costs.
Civil Form l,$. Civil Form 15.
35. (l) Ordcr of Court to be drawn up, signed andoffiled.
@ R;;ird io supply certitied tiire iopies drawn up ordor'
35. (l) Enforcement of judgment.
(2) Ei;iai,r, ;f Civil Form 16'
Jufg#ent by Court below.
37. Fees.
3E. Matters not expressly provided for.
PINT IV-CRTMINAL APPEALS
,9. Time for appealing.
40. (1) Metttoa oi'a'ppiatlig. Criminal Forms 1,2 &3, Criminal Form 6'
(2) Criminal Forms 1,2 & 3.
(3) Criminal Form 4.
(s) Presentation of case or argument in writing.
1t. Judge's certificate. Criminal Form 5.
42. (1) Notices of appeal.
(3) Where appellant unable to write.
(4) Notice, etc., on behalf of Corporations.
13. Forwaidingproceedings in C6urt below to Registrar.
4. (1) Procedure 6ri decision'of application by single Justice.
Criminal Form 7.
Q) Criminal Form 8.
15. Notice of application for leave to appeal.
16. (r) Abandonment of appeal.
Q) Criminal Form 10.
17. Notice of abandonment of appeal may be withdrawn.
Criminal Form ll.
48. (1) Person in custody in default of payment of fine.
a) Power of Court of trial to impose recognisauces.
Criminal Forms 12 and 13.
(4) Appellant committing breach of recognisance.
Criminal Forms 14 & 15.
(, Repayment offine on success ofappeal.
49. Varyrng order of restitution of property.
50. (r) Tenipoiary suspension of ordirs-made on conviction as to
money, rewards, costs, etc.
(2) Suspeiuion of disquaiifications consequent on conviction'
(3) Susiension of ordir for destruction oi forfeiture of property'
(4) Suslension of proceedings or claims conseguent on conviction'
51. Records of summing up.
52. Procedure where quistion of law reserved.
53. (1) Appellant and surbty's recognisances before whom to be takcn'
(3) Form of recognisanies. Criiinal Forms 16 & 17.
(5) Presence ofA-ppellant on bail at hearing ofhis appeal.
(o Criminal Form 18.
(7) Varying order for bail.
(8) Porier to revoke order fot bail. Criminal Form 18.
 nl

s1. (1) Notification of final detcrmination of appeal.

Criminal Forms 19 to 22.
(2) Notifrcation of appeal in capital ceses.
s5. (l) Notification of rcsult of appeal.
(2) Entry of dccision on Court rpcords.
56. Enforccment of orders, etc.
57. Rcstrictions on issue of certificate on conviction.
58. Rcturn oi original depositions, etc.
59. Copics of records for appell4nt.
60. (l) Attendance of witness before the Court. Criminal Form 23.
(2) Application to Court to hear witness. Criminal Form 24.
(3) Order appointing examiner.
(1) Frrrnishing examiner **ith exl,.ii its, etc,, nocessery for examina-
tion.
(5) ,',otiffcation of date t'rf examination.
(t\ Crimiial Form 2'.
(7) Evidence to be taken on oath.
(8) Deposition of witness how to be taken. Criminal Form 26.
(e) Expenses of witness before examiner.
(10) PrCsence of parties at examination of witnesses.
61. Proceedings on reference.
62. Judgements of the Court.
63. Fees and legal aid.
PINT V-MISCELLANEOUS
64. Court to which application should be made.
65. Record to be typewritten, duplicated or printed and notices to
parties of day fixed for hearing.
66. Waiver of compliance with rules.
67. Costs of appeal.
PTnT VI_APPEAL TO THE SUPREME COURT
68. (1) Oral notice of intention to appeal to Supreme Court in criminal
cases.
(2)
t ' Criminal Forms 27 an,d 28.
69. Application for leave to appeal to the Supreme Court.
70. Conditions on which leave to appeal is to be granted.
71. Exccution of judgment pending appeal.
72. Manncr of providing security.
73. Rules not applicable to the State.
74. Consolidation of appeals.
75. Rcscioding leave to appeal.
76. Notice to other parties.
77. Prosccution ofappeal.
78. Withdrawal of appeal.
79. Substitution of parties.
80. Costs.
81. Intcrprctation.
IY

Penr VII-REVOCATION
82. Revocation of Sierra Leone Court of Appeal Rulcs, 1973.
APPENDIX A
(Cryn Fonus)
l. Notice of Appeal.
2. Notice to Motion for Leave to Appcal.
3. Summons to Parties by Registrar to settle Record.
4. Bond-for Costs on Appcal by Appellant and Surety/ics.
5 Certificate of Service of Notice of Appeal.
6. Certificate of Non-compliance with Conditions imposed upoo
a would-be Appellant.
7. Qgrfficate of Registrar that Conditions of Appcal have bcen
fulfilled.
8. Notice to Parties for collection of Record.
9. Notice by Respondent of irtention to contend that Dccision
of Court below be varied.
10. Notice by Respondent of intention to rely upon preliminary
objection.
11. Notice of withdrawal of Appeal.
12. Certificate by Registrar of withdrawal of Appeal.
13. Form of Declaration that a party does not wish to bc present
or represented at hearing of Appeal.
14. Notice of Taxation.
15. Bill of Costs.
16. Certiflcate of the Order of the Court.

APPENDIX B-Fsrs w Crvrr. MerrBns

APPENDIX C
(CruroNer. Fonus)
I. Notice of Appeal-Question of Law only.
) Notice of Application for Leave to Appeal against a conviction.
3. Notice of Application for Leave to Appeal against sentence.
4. Notice_ of Application for extension bf timt within which to
apply for leave to Appeal.
5. Judge's certificate.
6. N-otige_ of Appeal upon certificate of the Judgc of the Court
of trial.
7. Notification to Appellant of a single Justice,s decision.
8.
\otice o! .{nne1l by Appellant frgm rcfusal of a single Justico
9. Notice of Abandonment of Appeal.
10. Notification of Abandonment of Appeal.
11. Nolice of Application for Leave to withdrew an Abandonmeut
of Appeal.
 Y

t2. Recognisance of Appellant sentenced to payment of fine.

13. Recognisance of sureties for Appellant seitenced to a fine.
74. Notice of breach of his recogniiance to Appellant sentenced
to a fine.
15. Notice to suretyfor Appellant of estreat of recognisances.
16. Recognisance of bail of Appellan.t.
17. Recognisance of Appellani's sureties.
It. Warrant for arrest of ,A,ppellmt on bail.
19. Mtification to Appellam of rcsult of application.
20. Notiee to Authorities of result of appliiition.
21. Notifoation to Appellant of ttre reiult of his appcal.
22. Noticc to Authorities of rcsult of appeal.
23. Ondcr to witness to attend Court fofexamination.
24. A,ppellant's application for further witnesses.
25. Notice to r*,itncss to attend before an examiner.
26. eaption for deposition of witnets examined before examiner
27. Rccognisance ol Appellant/Respondent for due appearanc.c
bcfore Supreme Court.
28. Recognisance of Spreties of Appellant/Respondent for due
appesranc€ before Supreme Court.
PusLrc Norrcs No. 29 or 1985

Ptlblished 3lst October, 1985

THE CONSTITATION OF SIERR,q LEONE' I97E

(Act No. 12 of 1978)

Tsr Count or Apprer. Rurns, 1985 short tltlo.

In exercise of tle powers conferred on the Rules of Court

Committ€e by subsection (2) of section 120 of the C-onstitution
of Sierra Leone, 1978 (Act No. 12 of 1978) the following Rules
are hereby made:-
PMT I_PRELIMINARY
l. In these Rules, unless the context otherwise requires- rnter'
"appellant" includes the party appealing from a judgmcntPtttatioo'
-
i,rder or decre and his solicitor or counsell
"the Cmstitution means the Constitution of Sierra l-eone
1978 (Act No. 12 of 1978);
''Court" rle{ms the Court of Appeal esta,blished by sutr-
section (4) of section 100 of thc Constitutioni
"C-ourt below means the Court or Tribunal from which
the appeal is brought;
"decision" includes an award;
"Judge" includes the presiding officer of any Court or
Tribunal from which an appeal lies to the C.ourt:
'.Iardgment" includes a decree, ordel, sentenoe or Cecision
of the Court below or any Court, Judge or Judicial
Officerr and includes also an award;
"l\&agistrate" includes every person exercisi.g full or
limited powers of a magistrate;
"party" includes the solicitor or counsel of the party;
"rscord" means the aggregate of papers relating to ar appeal
(including the pleadings, proceedings, evidence and
judgrnents) proper to be laid before the C-ourt on the
hearing of tle appeal;
"Registrar" means the Registrar of the C-ourt and any
person pcrforming the duties of the Registrar;
2

"Rcgistrar of the C-ourt belov/' includes ary-propcr -ofr-

&t haviog custody of the records of the Court belorv;
"res;rondent" mear$-
(a) in a civil appeal, any party other than the appellanL
directly affected bY the aPPcal,
and
(6) in a criminal appeal, the person (including ttre Statc)
against whom the appeal is brought.

Penr II-GENERAL
Placc and
timc of
2. (1) The Court may sit at any plaoc in Sierra I-cone'
- - Siuings of thc Court shall be held at such tirnes
sittings. (2) asd
places as the Chief Justice may direct.

Nomination 3. The Justices to constitute the Court at ary sitting shall

be no,minated and summoned by the Chief Justice.
3[S"#l*t
Scssion. 4. Tho Court shall be open throughout the year for the tra&-
saction of general legal business therein, and shall be deemed to
be in cnntinuous session::

Provided that during the long vacation (as.referred t'l in

tle proviso to section '15
of the Courts Act, 1965) no cause or
."tt* other than a criminal case shall be heard orfor detcrmined
o"ro, all the parties thereto consent or the court good or
,om"i"ot r"*ooi to be recorded in the minutes of the proc*dings
so directs.
R ght of 5. In all proceedings before the Court the parties FnY ap
audiencc. pear-in p"t*o or be repiesented by a solicitor or counsel'
DcliverY of 6.
Every iudgment of the Court shall bc dclivered in open
judgmcnt. Court, and within a reasonable time'
Rrgistcrs 7. The Registrar shall keep separate registers of all-
of appcalr (a) Criminal APPeals;
brought.
(D) Civil APPeals;
(c) Appeals from Professi'onals Tribunals'; and
(fl APPeals from othcr Tribusals'
Formsin 8. A ald C- to thesc Ruloc
The forms set out in Appendices
ii'r6Oot or forms as near thereto as circumstances permit' shall be used in
to to which such forms arc applicable'
#1'S: "tt "..*
 3

Panr III-{IVIL APPEAI-S

g. (1) AII appeals shall be tv wfl-of rehearing -*d th*il311ft3'.f
ue uiouehr'u1 nol[&. (in these nuei callcd"thenotiwof
appeal")[ri#+;;r.
;;#ida-h [u" n"gi"iry oi tle court whi_ch shal set forthgro-undr
;;;r"l;d;hrflTfi" tnhuth"t the whole 9r..pa{ onlv of the
;4r1il of the court below is complained of (in the lattcr ca-se
;p."iitirg tuch part) and shall state also the nature of the relief
soueht and the names and addresses of all parties directly affected
L; ffi *O shall be accompanied by a sufficient number of
"ro".f on all such parties'
c6pies fo-iscnaice
(2) If the grounds of appeal -allege mis'direction or error
-of
in law, frft[ofurr such mis-^tlirection or error shall he cl';arly
rtated.
(3) The grounds of appeal shall. set out conciseJy an-d
under dislnct heals the groun&- upon which the appellant intends
to rely at the hearing of the rypeal without any argument or
narrative and shall be numbered consecutively'
(a) No ground which is Yague oI g:neral in terms or which
discloses no reasinable ground of appeal shall be
permitted, exept
the eeneral sround that the judgment is against the wet:gllt ot me
evidince. Aiy ground of appeal or any part thereof which ts not
p"r.itt*O uOiJ tnis rule may be strucfout by the Court of its
iwn motion or on applicatioo by the respondeot'
-hbrd shall not, without
(5) The appcllant the leavs of thc
Court, otgu or be in support ol any ground of-objection
not mentlonea in the notice oi appcal' or cross'appeal, but--the
c"ort -oy in its discretion allow the appellant or cross-appellant
to amena the grounds of appeal upon zuch terms as the Court
m,ay doem just.
the foregoing provisions 9f tlis r{o
(O Notwithstand,ing-appeal
tlc Couri'in deciding thc shall not be oonfned to thc
grounds sot forthby the appellant:
Provided that the Court shall not rest its decision on
any ground not set forth by the appellant unless the parties hav-e
hai iom"f"t opportunity of contasting tle case on that ground'
10. (l)Where an appe.l lies by leave only' any personlosw.
dcciring shall apply to tbre Cou-rt below or to the Coutt civil
t i ipprut
ui"ff"" "iil]otio" *ioilioi,ti* days from the date of the doi' Form 2'
siro ag"inst which leavc to appeal is sought trnl655 tho Court
bclow or tho Court colargcs tlg timc.
4

@ Any application for leave to apq?l -or for enlarge'

ment of ti;e wiihin which an application for leave to appeal
may be made, shall be supported by an affidavit setting forth
good and sufficient reasons for the application and by proposed
[rounds of appeal which prima facie show good cause- for leave
io appeal or^ enlargement of time within which to apply for such
leave should be granted.
(3) Where time is enlarged a copy of the order granting
the eniargement shall be annexed to the application.
(4) No application for enlargement of time w{thin vvhich
to apply for leave to appeal shall be made after the expiration
of tiruiteen days from the expiration of the time prescn;bed
within which an application for leave to appeal may be made.
(5) Where leave to appeal is granted under this rule
the appellant shall file a notice of appeal as provided by rule 9
within fourteen days from the grant of leave.
Timc 11. (1) No appeal shall be brought after the expiration of
limitg fourteen days in the case of an appeal against an interlocutory
for decision or of three months in the case of an appeal agaiost a
appealing.
final dccision unless the Court enlarges the time.
(2) The prescribed period for appeal shall be calculated
from the date of tle decision appealed agaur*st:
Provided that where thene is no appea.l as of rigtrt the
prascribed period shall be calculated from the date upon which
leave to appeal is granted.
(3) An appeal shalt be deemed to haveteen brought when
the notice.of appial has been flled in the Registry of the Court'
Any application for enlargement of time within which
(4)'may
app*i b^brought shall be slppor-ted by-3n affi'lavit
"o
settidd forth good and sufficient reasons for the a_pplication and
by gr-ounds oI appeal which prima facie show good cause for the
enlaigement of time to be granted.
(5) Whe,re trme is enlarged under this rule a copy of the
order granting the enlargement shall be annexed to the uotice of
appcal.
(O No application for enlargement of time within which to
appeal snaU be m-ade after the exprllqion of one month from the
of thc timo prescribed within which an appeal mxy be
"iiiotion
brought.
 5

12. Thc Registrar shall, after the notice of appeal has becn::Ti::if
filed, cause to be 6rved a true copy thgrggf !p!_n eac! of the put- ffi'ffr.tt
ties mentioned in the notice of appeal. It shall not be necessary
to scrve any party not directly aftected:
Provided that the Court may direct notice to be servcd
on all or any party to the action or other proceeding or upon any
person not a party and in the meantime may postpone or adjourn
the hearing of the app,eal upon such terms as may be just and
rnake such order as might have been made if the persons served
with such notice had been originally parths to the appeal.
13. (1) The Registrar shall, upon an appeal being brought, Settling
summon the parties before him to settle the- documents (which:t-l* tf
appeat'
expression sttafl 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 appo;ntment or not, settle and sign and in
due coursc flle a list of such documents.
(2) The Registrar, as well as tle parties shall endeavour to
exclude from the record all documents (more particularly such as
are merely formal) that axe 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 o[ docu-
ments and ur.necessary repetition of 6gadings and other merely
formal parts of documents; but the documents omitted to be co-
pied shall be enumerated in a list at the end of the record.
(3) If the Registrar or any party objects to the inclusion of
a document on the ground that it is unnecessary or irrelevant and
thc other party nevertheless insists upon its be;ng included, the
document 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, indicate in the index of papers or
otherwise the fact that, and th,e party by whom, the inclusion
of the document was objected.
(4) The appellant shall withln such time as tfie Registrar
directs, deposit with the Registrar a sum fixed to cover the esti-
mated expense of making up and fonrarding the record of appeal
calculated at the full cost of one copy for the appellant and one
quarter cost for each of the three copies for the use of fte Court:
Provided that-
(r) the Rqgistrar may if he considers the circumstences
warrant such a course of action, fix a reduced sum
to @ver the estimated expense of making up thc
records of appeal and then require the appellant
to provide paper and other printing material as
6

sp€cified by him sufficient for the purpose of making

up the records of appeal; and
(ii) the Registrar shall keep a rocord of all paper and
other printing material provided by each such appel-
lant.
security 14. The appellant shall, within such time as the Registrat
rj,|,io,:F:_ , shall fix, 'd,eposit such sum as shall be determined by the Registrar
urvilrorm+'or glve recurity therefor by bondwith one or more sureties to his
satisfaction as the Registrar may direct for the due prosecution of
the appeal and for the payment of any costs which may be or'
dered to be paid by the appellant.
Additional 15. The Court, may, where necessary, require security for
lecuri{-
for costs'
costs or for performance of the orders to be made on appeal, in
tfr sum deterrrined under rule 14.
addition to
Non-com- 16. (1) If tre appellant has failed tocomply withany of the
pliance
with
requirements of rules 13(4) and 14 the Registrar shall certify
require- such facts to the Court, which may thereupon order that ttre
meot for appeal be dismissed with or without costs.
appeal.
Civil Form 6. (2) If the respondent alleges that the appellant has failed
to comply with any of the requirements of rules 9, 13(4) or 14
the Court if satisfied that the appellant has so failed, may dis-
miss the appeal for want of due prosecution or make such other
order as the iustice of the case may requiro.
(3) An appellant u'hose appeal has been dismissedl under
this rule may apply by notice of motion that the order of dismissal
be set aside and the appeal be restored; and the Court may
in its discretion, for good and sufrcient cause, order trat the
appeal be restored upon such terms as it may trink fit.
Trans- 17. (1) The Registrar 5hall request the Rqgistrar of the Court
mission below to transmit to him and the Rqgistrar of the Court belcw
of records. shall forthwith 6ansmit the docket, or files of thc case in the Crurt
below containing all papers oldocuments filed by the parties in
connection therewith and shall cause to be prepared thro records
for the use of the Court together with-
CivilForm5. (a) a certificate of serrice of the noticc of appeal; and
CivilFormT. (b) a oertificate that the condition inpos€d under rules l3(4)
and 14 have been fulfilled;
ClvilForm 8. (2) The Registrar shall also cause to be scrved on all
parties mentioned in the notioe of appeal a notice that the record
is ready for collection after payment of the prescribed fees and
.shall in due course enter thc appeal in the Cause List.
 7
18. (1) It shall not be npessary for lhc-respgndcnt to grve Notrcc by
notice of motion by way of cross-appeal; but if a respondent rcspondjnt
intends upon the hearing of the appeal to contend that ilre deci.,o{_c_o.ntcntiou
si,on of the Court below should be varied, he shall within oo. ii.'ii"ulo
month after service upon him of the notice of appeal, sarrss vsticd.
written notice of such intention to be given to evef partywho CivilFormg.
may be a.ffected by such grounds on which he intends to rely
and within the same perioa shall f,le with the Registrar four
copics of such notice, one of which shall bc included in tbe
record a.nd the other three copics provided for the use of the
Court.

(2) Omission to give such notice shall not rtiminish any

of the powers of the Court but may in the discretion of the
Court be _a ground for postponment or adjournment of the appcal
upon such t€fins as to costs or otherwise as may be just. - -

--
19. (1) A respondeat intending to rely upon a preliminary Noticc of
opiection to the hearing of the appeal shall giveihe appillant ftrcs pritiminary
clear days notice therSf-pefore-rhe hearing sejring
oJ objntion and shall file such notice together with9gi th" grounds i.tff,,f,lu.
foui copies civil Form
thereof with the Registrur within th,e same time. 10.

(2) If the respondent fails to comply with -.his rule the

Cou.rt may refuse to entertain the objoction or may adjourn hear-
ing thereof at the cost of the respondeot or make such other
order as it thinks fit.
20: (l) Subject to the provisions of rule 18, if the appellant Withdrawal
liles.with lJre-Registrar a notice of withdrawal.of his app6ei th" Bf,f$TrL,
Rcgistrar shall certify that fact to the Court, which may thereupon 12.
order that the appeal be dismissed with or without costs.
Copie-s of-the notice of withdrawal shall at the expeose of the
appellant be se_rved on all or any of the parties with regard to
whom thc appell-ant wishes to withdraw his ippeal, and an! party
so seryed shall be precluded frorn laying cliih to any c6si ;n-
currod by him after sucl servioe unless the C-ourt- otherwtsc
orders.

(2) Any party served with a notice of withdrawal mav

on notice to rfoe appeltant, apply to in" Cor.tl-;; Ord";;
recover zuch costs as he may necessarily or reasonably have
incurred prior to the service on him of the notice of withirawal
tggcthq with his costs _incurred for the pqposes of obtaining
thc order and for attending upm the C-ou-rt. - i
8

withdrawal (3) An appellant who has withdrawn his appeal Pay'-at

ofi,oiiccof anWiine befor"iL" expiration of the time limited for appeal under
withdrawal. to O" Court for leave to withdraw his notice
th&; RrG,
of withdrawal."ppt,
Exhibits. 21. (1) Subject to the provisions of this rule' each party
-immeaiut"f
snaU, ,ft"t an appeat becomes- qending..ftol" ll'
Court, deliver to the Court all documents (belng ex'hrbrts .rn tne
case or which were tendered as exhibits and rejected) which are
i" hi" custody or were produced or put in by him at the trial'
(2) Subject to the following provisions of this rule, each
pafi to an appeal shall be prepared to produce at the heartng
5f tli" upp"al all'exhibits whicfi aie in his cristody or were produced
or put 1n ty lr,im at the trial other than documents'
(3) Where any party finds it difficult to.comply with t'hc
-ana
provisions bf sub-rules it) (2) owing to t-he nature of the
fo"u*"rrt or other exhibits or owrng to its being in possession
of a third party or for any other reason, hemay apply to the Regis-
trar for directions.
(4) The Registrar may, either of his own motion or upo-n
application, give anfdirection he sees fit, whether dispensing with
t{t6 provisioni of this rule or modifying its application in any way
or for securing compliance with 'it.
(5) All original documents delivered to thre Court under
this rule rhail re-uio in the custody of tho corsrt until the deter-
mination of the appeal:
Providsd that the Court or Registrar may allow the
return of any document to any party pending the hearing of the
appeal and subject to such conditions as it or he may impose'
Control of 22. After an appeal has been entered and until it has been
proceedings finally disposed of, ifie Court shall be seised of the whole of the
during procerdings as between the parties thereto.
pcndency
of appeal.
Submissions 23. At any time before the hearing of the appeal, any party
by party to the appeal miy file a declaration in writingthat he does not wisb
Dot appear- to be prliant in person or by Counsel on the hgaring of the appeal
mg.
Civil Form togethir with fou] copies of such aJguments as he desires to submit
13. to the Court, of whiih one shall be supplied to t}e othe; party
before hearing and the appeal shall be dealt with as if the party
appeared.

Non-appear- 24. (l) If the appellant fails to appearwhen his appeal is

ance of called on for hearing and has not taken action under rulo 23 lhe
appcllant. appeal may be struck out with or without costs.
 I
(2) Where an appeal has been struck eut owing to the non-
app€rance of the appellant the Court may, if it thinks ht, and on
suih terms as to costs or otherwise as it may deem just, direct the
ap.peal to be re-entered for hearing.
(3) No application for an appea.l to be re-entercd for
hering under this rule shall be made after the expiration of one
month from the date of the order sought to be set aside.
25. If the respondent fails to appeax when the uqp:{ )l?T3F":r'
is called on for hearing and has not taken action under rUIe ZJ pondent.
the Court may proceed to hear the appeal ex parte.
26. (1) where an appeal has been heard ex parte under i'J.ltnitf.'
rule 25 and any judgment has been given therein adverse to ex partc
the respondent, he may apply to the C-ourt to set asid: that judgmcnt.
judgment and to rehear the appeal.
(2) No application to set aside and rehear under this
rule strall be made after the expiration of twenty-one days from
the date of the judgment sought to be set aside:
Provided that a respondent who has failed within
the period of twenty-one days to make application under this
rule may nevertheless at anytime within a further perrod of
one month thereafter apply to the Court on notice to the appel-
lant to set aside such judgment and the court, if satisfieJ that
good and sufficient cause has been shown for the appiication
being out of time, may grant the application and make such
order in relation thereto or as to costs as it may deem fit in
the circumstances.
(3) Any such application shall be by motion accom-
panied by an affidavit setting forth the reasons and grounds for
the application and the Court may thereupon in its discretion
set aside the judgment and order that the appeal be reheard
at such time and upon suctr conditions as to costs or otherwise
as it may deem fit.
?7. Itnew
to adduce
is not -open as of right to any party to iln appeal Nss,
evidence in support of his original case; but-for evidencc
tlc furtheranoe of justice, the Court may, where it thinlis fiq on appcal.
allow or require new evidence to be adduced. Such evidence
shall bc either by oral examination in Court or by afiidavit or
by deposition taksn before an examiner or commissioner as thc
Court may direct. A party may, by leave of the Court, allege
any facts essential to the issue that have corne to his knowledle
after the decision of the Court below and adduce evidence -in
suppoft of such allegations.
l0
Appcdt a stsyolSecutiolgf
28. An appeal shall [ot operatp.as appcaled
No rtay of tu" oi-aecition frgm ex:€pr
,ro"friogJooT"i iuagpi"t no inter-
cxecution
unlcsc
mlv ord€r'
$i;;?[. C"urt beioufor C tPlAiiate4 exceptso
the Court and
far as
ordcrcd. mediate act or p.*#i";.itJl
the Court below or the Court may dtrocr'
Dctcrmlne- 29. Wherc any doubt arises-G as to whether an-yiudgmentor
tionof do.ubtorder is final or interlocutory, questign
-'uv P"y.U"determincd
tn c."t
iiti;Hi'S. ffi}.:,rt t, Uit"-Lit't -belory' shall' notwithstanding the pro'
t"16"-"' the.pu-rtandanvsuch
dctenninati#
visions ;il a,; ;;;;-t" L ao*"nauoding on all parties
whlch an appeal
po#*"t;"ffiiDg-tue time within
for the "f
maY bc brought'
Intcrlocu- co No interlocutory iudgrnent or order from which thcrc
HffirJ " H,ffi"# ##1;# ;iTffi ':fi '&"'A&,fr';:f"JH
.ppcd. irst.
31. The Court may -from time to time make any order
ff*$lr"r.o.
court. necessary t- a"tit'oining the real. question-i"^-T-n:tou"rsary tn
record of
the appeal LJ;6 ;rri*d^ -v def'ect enquire into and cer'
or erru in thc
appeal, il":v to
fr#t-iii"-c"rii u"tot*
"oi
tifyitsfindingon'anyquestton.whichtheCourttLinksfittodeter.
mfi" before-"nnar judlmry ,tr*i"fpffii ?;] d;1":T#n;
interim order or grant anY m1t
a'ny-n€cessary en-
authorised to -utl" or grint and na-y dirs*
ouires * ;;;t, t" &-r"qi ortaftenandgenerallyshallhavt
if the proccd'
H"trll li,rfiffiriii' on"", tr," *nhe proceedingsls
ings had # i*iit"t"a ano proscutea io th;courtasacotirtof
first instanil^#;&i.h", G*uotu cass, -or may.remitittothc
court below to be rehearrl, or io G otnenvise
dealt with as the
Court maY direct'
and
Pover of 32. The Court shall have powor to give any iudgment

$#x,* n# i';#:Ylm
mekcanv any ord"i-* t *tt"'
:$ :
These
H""ffi"ig;n',n
powers may6e eiercised
mf;
by the
^appellPt may. have asked &at
ordcr' Court notwif"-t",aitg tbat the
part only ;;d*t fi may be reveised or varied, and may or
also
partlq
be exercist il f-";;; a1 or any of tho respo. ndents
although J"n t*p""a"ot'"f' 9t. punilt may not have appealed
from c comPlained of the decision'
vicw of 33. The Court shall not revicw any. judgme'nt gnce PY:1
practicc or tho
judgmcnt. and dciiverea by it cxcept in accordanoo with thc
Cout.
 rl
34. (1) Where the costs of an appeal are allowcd they may 6s31g'
either be'fixed by the Court at the time when the judgment is
given or may be ordered to be taxed.
(2) The Registrar shall be the Taxing Officer a:rd 1ll 9ivil Form
14'
such costs shall be tii"o Uy him according i":tn" rtrles for the
timc being in force and shall issue to all interested partics a
certfficate of taxation signed by him:
Provided that any costs incurred by way of fees oS civil Form
prescribed in Appendix B sirali be taxed in accordanoe therervith. 15.
(3) Any person aggrieved by any order, decision or
ru'ling of the Taxing Officer may apply to the Court to set aside
such orcler, decision or ruling and to make such further order
as it may think fit.
(4) Any application to the Court under sub-rule (3)
shall be by motion accompanied by an affidavit in support.
(5) Notice of such motion shall be given within twenty one
days after tle service of the Taxing Officer's Certificate on him
and shall be served upon the Taxing Officer and upon all prrties
having interest therein.
35. (1) After the delivery of every judgment by the Court B'd€I ol ,^-
the order of th" Court shall be draw-n up inaligned by thi: Rcgis' H[[ fi, ""
trar under the seal of the Court and filed. sicnea aird

(2)
'*pvAny person may appiy to the Registrar for a certi' lt-ritjtf.l
fied tue of the drawn rip brAer and th-e Registrar snatt fir|]f.$v
cause such copy to be issued to that person upon the payment tr-uc, copies
by him of the prescribed fee. Slfti*",,
36. (l) Any judgrnent given by the Court may be enforced Enforccment
by the Court or by the Court below or by any othercourtv,hls6of judsmcnt'
has been seised of the matter, as the Court rnay direct.
(2) Where the Court directs any judgnent to be enforced P.:::l':." d
by anothci court, the Registrar shall tr;dmii to that otirer court J6'rf[[!ii
a certificate under the seal of the court anC the hand of the bitow.
presiding Judge or. in his absence, under the hand of any of the civil Form
Justicss who c.onstituted the panel which heard the appeal, set-
ting forth the judgment and the other court shall enforce that
judgment in terms of the certificate.
37. (1) Except trs otherwise provided in this rule 1,hg Fecr.
fees prescribed in Appendix B shall be charged in respect of
the matters to which they are respectively assigned, and shall he
paid to the Registrar.
12

matt'er where
-or of any
(2) No fee shall be payable io respect
such fee *;;il u" p"vuur" ii th" State any Government De'
Partrnent:
ProvidedthatwhereanypersonisorderedtopaythS
costsoftheStateoranyGovernme.ntDepartmentio.l"ycase'.all
fees which would have been puylUi"
but tor the pr-ovisions o[ rhis
poiA and shill be recoverable
sub'rule shall be taken as having Uo'
from such Person'
(3) The Court may' on-noiaccount of th9 poverty of any
party (although such pany hay t *r" been fofmally adrnitted
reason dis'
to sue or defend as a pauper) oi tor other sufficientit the circuin'
pense, if it:; fl;*iti tni payment of any fees
itances of the case so requlre'
Maucrs not 3g. where no other provision is made by these Rures the

ffi fi r'.'I;r"m";:#l;fl rn'fi i$t'-r"Af {'"xotji11:;ilii''f#i,

insofarasitisnotinconsisteniwitLthese.Rules,andtheforms
inusetn"'"i";'b"usedwithsuchadaptationsasarenecessary.
Pent fV-CRIMINAL APPEALS
39. Where any person aggrieved desires
to appeal tc the
Time for he shall Si-ve
appcaling. Court or to obtain th""[;;; "Tiu- Court.to apnql'
notice of appeal o, no,ii'tiiit uppUcation f& leave to appeal
within twenty'
in such rnanner ut tno!-il" directed !v ti'o"
Rules
tu" oit" ti-conviction' or acquittal or discharge
;;;;;y;;;
as the case maY be:
involving
Provided that, except in the case of conviction within which
time
sentenc€ of death ot *t-poiJf-pu"itt"'91rt'.the for leavetoappeal
notice of appeal .t ;;i;;f'an-application time bytheCourtorby
may be given, may UJ""*1""a"a at'-uny
the Court below.
40. (1) Where an appeal lies to the Court under this part I
Method of shall cornmencc his appeal
appcaling. Derson desiring ,o upiJ'io-A; C""t
of. apoeal or.whereheneeds
Crlmind
Formr l, 2 &
fr^Hdffi;"*h" il;;t";u, u ""tto" u-noi'"d'of application for such
th. leave of the C""r?'i'"-"pi"uf, in Appendix C' as
3.
leave, which notices tt uU U!'i" iorm 1' 2 or 3
the -Judge of the Court
the case may be' unJ i" ; ** -in whigh
Criminal
Form 6. for appeal' he shall
below has ganted i'iln;;'Jii r'Tni* tl'et"of
" in Form 6 in Appendix C
send to the Registra;;;;-;fapngll
i"-*fri"t tn*l6 annexBd the said certificate'

Fl,*Til,*.r"c',[2)b"Yh;8ffi ?Xffi'"*&'Htr-E;1tr"i1?*.1iHL'i
-agiinst
zuiu d.'cision
3. a person desiring 1o appeal t" il"*Co"rr
 l3
shall comrnence his appeal by sending to the Registrar r notice
of appeal or where he needs the leave of the Court of Appeal,
a notice of application for such leave, which notices shall be in
Form 1, 2, or 3 in Appendix C as the case may be.
(3) Where a person desires to obtain from the Court an Criminal
sxtensiron of time to enable him to appeal or make an application form +-
for leave to appeal under sub-rule (1) or (2), ne shall do so by
sendingto tbB Registrar an application, for such an extension
which appllication shall be in Form 4 in Appendix C togother
with such form of notice or application as would have bcen ap-
propriate to the case under sub-rul,e (1) or (2), had the notice
been given, or dre application made within time.
(4) An appellant or applic.ant shall enter the particulars
required by, and arswer the questions s,et out in the Form which
is appropriate to his case under this rule, and his answer to the
question as to whether he desires to be present at the hearmg of
his appeal shall be demed to be an application to the Court in
such matter.
(5) Where an appellant or applicant desires to present prescntation
his case or argument in writing he shall do so withintweilty-one of caseor.
days lfter serrice of notice on Uim by the Regisrrar_ thai the llt}T*":,
records are ready or within such further tirne as the C-ourt may --'--'' "
direct.
41. Where under any law a Judge of the Court belorv [65 Judgg's
or by him is a f,r case ili[!i"!t.
issued a Certiricate that a case tried bef-ore
for appeal, tlrat certificate shall be in Form 5 in Appendix C. Form 5.
42' (1) Every notice of appeal or notice of application for Notices of
leave to appeal or notice of ipplication for extension of time appcal'
whithin which to appeal, shall be signed by the Appellant.
Any other notice roquired or authorised to be given shall
be in writing and signed by the person giving the notice or by
his Solicitor or Counsel. All notices required or authorised to be
given shall be addressed to the Registrar.
(2) Any notice or other document which is required or
authorised to be given or sent shall be deemed to be duly given
or scnt if forwarded by rqgistered pmt addressed to the person
to whom that notice or other document is so required or autho-
rised to be given or senl
(3) Where an appellant or any other person authorised whcrc
or requird to grve or send any,notice of appeal'or notice of any 3,r,"i'i3';
application is unable to write, he may affix his mark thereto in *riti.- -
the ptesence of a witness who shall attest the same, and there-
upon such notice shall be doemed to be duly signod by such appel-
lant.
t4
Notice,etc., (4) In the case of a body cortr)orate where any notice
:l-!:!$ ofor other document is required to be signed by the appellant. it
i,||!:t"- shall be sufficient compliince therewith-if that notic-e or other
document is sigued by the Secretary, Clerk orManager of such
body corporate.
Forwar. ns 43. (1) The Registrar, when b,e has received a notice of
li":::,9'."st appeal, oi a notice oi application for leave to appeal, or a notice
iltiiio of application for extension of time within which such a notice
Rcgistrar. shall be given shall request the Registrar of the Court belorv to
transmit io him, and the Registrar of the Court below shall forth-
with transmit, the records of the proceedings in the Court below
including the summing up or direction of the Judge and if no
such summing up has boen made, a staternent giving to thsbest
of the Judge's r,ecollection the substance of the summing up or
direction. He shall also request the Registrar of the Court below
to transmit to him, and the Registrar of the Court below shall
forthwith transmit, the original exhibits in the chse as far as
practicable and any original depositions, information, inqui-
sition, plca, or other documents usually kept by him, or forming
part of the record of the Court below.
(2) Whether any such notice is in relation to a conviction
involving a sentence of death, the Registrar shall notify the Presi'
dent and the Director of Prisons ttrat there is arr appeal pend-
ing
(3) The Court may, pending the hearing of an appeal
and subject to such conditions as it may impose, order the return
of any exhibit in the custody of the Registrar to any party who
in the opinion of the Court is entitled to that exhibit.
Procedure on 44. (l) Where any application has been dealt with by a
9::1:19L91 sinsle Justice the Registrar shall notify the appellant of the deci-
tpyllffii:" sioi in Form 7 in A-ppendix C.
Justice.
(2) Where that Justice has refused any application thc
Criminal
Form 7. Registrar on notifying the refusal to the appellant shall forward
Criminal to him Form 8 in Appendix C which Form the appellant is re-
Form B. quired to fill up and forthwith return to the Registrar.
(3) Where the appellant does not desire to have the said
application deternrined by the Court as duly constituted for the
hearing of appeals or does not return within seven days to the
Registrar Form 8 duly filled up by him the refusal of his appli'
cation by that Justice shall be final.
Noticc of
application
45. Where the Court has, on a notico of application for
for lcavc to leave to appeal duly served and in Form 2 or 3 in Appendix C,
appcel. grven an appeallant leave to appeal, it shall not be necessary for
 that.appellant to give any notice of appeal but the notice of
l5
application for leave to appeal shall, i* iuch case, be deemed
to be a notice of appeal.
An-appellant at any time after he has duly servedAbandon-
ndi9e S-(l)a-ppeal or of application for leave to appeal & oi
..46.
l:|,^lf
application for extension of time within which suc,h ,iti"" ,huii tppt"'
be given, may abandon his appeal by giving notic" ulun.
_
donment thereof in Form 9 in Appendft c to fue Registrar "i and
upon such notice being given the appeal shall be deem-ed to have
bsen dismissed by the-C-ourt.
- _ .(2) upon receipt of a notioe of abanclonment duly conrple- criminal
ted and signed or marked by the appelrant or the p"nv Juirio.i..i rorm io.
t9 sign notices under paragraph (4[of rure qz ti" nlryirii"ir-rr"rr
give notioe thereof in
General and Minister of{o1m lo i"_ Appendix c to trrS.ttii*"y-
Justice, the rispondent, the nir.""ior'"t
Prisons a,,d the Registrar of the court'berow, and ,rturn 'to
the
rasr menuonecl person any original documents
and exhibits received
from him.
(3) Where th,e notice of abandonment of the abandon-
.j"J ol al appeal in relation to a convicrio, isio*tun!';;;1;;""
of death, the Registrar_shail also give such a notice"ti*..oi-to
the President and- the Director Fii*or.
An. appellant who has "f abandoned his
-,.,!7..twenry-one days, with the leave of the appeal, r.ray,Noticeof
wrthrn co",i,- *iirrJiifi;u";i.r:
his notice of abandonm"lt- b.y fiting up for- I f 'tn
$;;;j,: ment of
c together with Form + cNoiice- ot'ini'ti*tioo for exterislo, 11 ffiTl,,nlt
tirne within which to appeal) unO ,"nd;ij tfr"*
t"ifr"'*;;,"i";'effil.,
48. (l) Where a pe$on has, on his convictio,n, been sentenced eoiniI.
to of a fine, .and. in default of payment to rmprisonn,"fr person in
paym,ent
and such person remains in custody i, d;i;;il;"f
;;;ii#";i';;',i::l::tlrt
fine, he shatt be deemed,.tor purposes or upp*r,"il;;;pe;rpaymcnrof
sentenced to imprisonment. -rr-*-' o-'o' Do".
(2) where any person has been convicted
and is there. power of
;ffi,"tr'",::l,J:',:'"","#TllT",,ff ft
courr below trrat ne is aesiious ot "?J,o,r;:rlll,r""U,ul[t51;"lr::-
th9 Ju.dse may' if he thinks nt, il#ii;;."cainst
oii"r i i"n
his *f;i,"ii"r, criminar
person forthyrith to Forms
enter. into recognisanoes in such
and with
"-ouri think
sursties in such amount,.as the luag;-;ai ,iti*"t 12 and 13.
his appeal, and subiect therero ,1i nt]to";r;il;;.
"r-
said fine shall be made at the did "J", that payment of the
-iJiermination
appeal, if the aooear is dismisseJ to Gn"gii-ff"iorr"tr"i of iris said
below, or as the b'orrt
-"y trren oiaer.'th" ."*goisance under
this rule shall be in Forms 12 ;e l3'ii Appendix C.
l6
(3)TheRegistraroftheCourtbelowshallforwardthe
recognisanJe, oi tn""uppellant and his surety or sureties
to the
Registrar'
Appellant (4) If an appellant to whom sub-rule (2) applies does
"ofirniiiing not serye'i" u."oiO"""e with these rules a notice of apPeal- of
Dreacn oI re- .
r:osnisance. u*oooo-"ot oinit appeal within
twenty-on€ days from the date
b"rtir"ff;i- oi fri. *nui.tion o6Jttt.nt" the Registrar shall report that omis-
Fi,ini i+ &;;;"-ih; Court which may, after notice in Forms 14 and
15' "li A;;;raii-c nut been given to the appeallant and his sure-
i,
ties, if ariy, order an estreat of the recognisances of tne ap-
pefant u,i,i riit irt"ii"t, and may issue a w11a1t for the appre-
hension tt appellant and may commit - him to prison in
default of "i "
puy-"nt'ot the fine, or may make such other orderas it
t{rinks fit'
has been sentenced to the payment
Reoaymcnt (5) Antorappellantthewho flne or part thereof inaccordancewith
ofhn-eon of a fine, u"A buid
;d;:';i ;h";;#il;;tturr,-*t"t" his appeai is successful' be entitled' sub-
appeal' ;;;;y oid., of the Court, to the return of thesum or anv part
ihereof so Paid bY him.
varying agarnst .49. . Where,.
upon the trial of a person entitled to appeal
order of nis tonviction, an order of restitution of any piop-eIty
iJr*tiiriton.rtSoou o*on Lur been made by the Judge of the.Courtbelow,
piopertv. ti;#fi in whose favour or against whory the order of restitu'
tion has |u* ;;a;, and, wlth lhe leave of the Court anv other
person, shall, on the final h9glng by the. C-ourt of an appeal
;g;i";t the-}nviction on which such order or restituti.n any ordcr
was
an-
,ri"a", u"-"rrtiiiea to be heard by the cou.rt before
nulling or varying such order or restitutlon ls maoe'

T,"s3fJ,X?*,t'"'"#IYjffi ffi oll""i"3ll*'Lti&l,T]rtf,!-lllt:

oiitOers tl" oav*"rioi tt. whole or any palt of the oosts and 3xp:Ilses
the offence o-r which he has been convi't:d
Xl3$:fi',"1;;if";;;;;rttor-io.
ot uny- *onayt taken from such -person oo h]s apprehension
money, re-out
-'
;;;a;,'costs61 -iowhe.e such Judge orders a reward to anyperson
otherwise, or
cti. *n" "pp*.i have been aclive in th9 apprehension of any
,o"h person, or where such Judge rnakes or the con-
& *v
"ooui"Gd 'p"rrot before him any order for th9 PaYment of
viction ^convi'oted person or by any^ other person
money by ttie
or any &A"i affecting the rights of _oroierty of that convicted
person, tne op,eration 6f 5rders shall- in any.of such cases be
-such of for leave
ilrpdl1"6-*fi, notice of appeal or notice -ap-plication
-the againl!
to upp"ui ir- gir". until thi'deterrnination of appeal
tne conuiciiof in relation to which they were made or until
-u"y appeal underwhich
uuuroo"-"ni-of-the rule 46-(1). The court may py
order unnuur 6raer to this rule refers on the
determinatioo oi i"V appeal' or may vary such order' anJ su:h
 17

order, if annulled, shall not take e,fiect, and if varied, shall take
eftoct as so varied.
(2) [here, upon-corviction of any.person oj *y offr'nce 3F |i,ff,::f;u-
any disqualffication forfeituro or disabili'fy attaches to such iiti"i?-"lir-
person by reason of such conviction, such disqualification, forfei- sequent on
ir:re or disability shall be suspended when notice of appeal o. conviction'
notice of application for leave to appeal is given until the deter-
mination of the appeal or the dismissal of the applicatiorr, for
leave to appeal.
(3) Where on conviction, anyttring is ordered to be des- suspension^
troyed or forfeited under the proui.io* *y law, the ciestruc-
tion or forfeiture or order for destruction"i or forfeiture thereof !:#lo.:ilj"t
or forfciturc
shall be suspended when notioe of appeal or notice of applicati,rlof propertv'
for leave to appeal is given until the determination thereof by the
Court.
(4) Where, upon conviction of any person of any oflence !Irp:1!,_91,
any claim may be rnute or any proceedingr--uy be takln underffsrfflffit;t;
any law against such person or any other person in conseque,lrce coii-quent
of such conviction, such proceedings shall not be taken when notice o.n convic-
of appeal or notice of application for leave to appeal is given tron'
until the determination thereof.
(5) Any person affocted by any orders which are sus-
pended under this rule may, with the leave of the Court, be heard
on the final determination of any appeal, before any such orders
are varied or annulled by the Court.
51. (l) Where any trial is heard with a jury or assesscrs o16 Rccords of
by direction of the Trial judge a record is made by some mecha- summng up'
nical or electrical device of any summing up or direction of the
Judge, that rscord shall be accepted by the Court as accurate
unless the Court has reason to doubt its accuracy.
(2) \r/here in such a trial a record of any sumrning up
or direction is otherwise rnade, by direction of the Trial J.udge,
9ithe1 in longhand or shorthand, such record shall be aceptid
by the Court as accurate subject to any corrections or additions
which the Trial Judge may certify ought to be made in order
to render ttre record accurate.
(3) Where in such a trial the Trial Judge does not give
any directions for recording any summing up or direction given
by him, his statement made in accordance with subsection (i) of
section 197 of the Criminal Procedure Act, 1965 (Act No. 32
of 1965) shall be accepted as accurate.
52. Where the Judge of the Court below- reserves a question Proacdure
of law for the consideration of the Court, the person aggrieved
[t"r*rr1""::
1E

shall for th,e purposes of these Rules be deemed to be arr ap-

Pellant.
53. (1) Where the Court or the Court below admits an
Appcllant of his- appeal t)D otr
and surcty s aooellant t; d;ij;"d;g ihe determination
'rr*f.n.#,*#f #:m.i*,:*"';lj:,:.::,l,"il:.f,',:'4*d,?*:.'8
takcn. surety is required) be bourld by
Court directs that no ^shall.
,""ogni.uoJi, n^d tt'"[ oirect' lt it itlnti fltorberore
whom the
sureties (it any)
.."ogrriruoJJ'"I"th"-;pp"1ant and his surety
maY be taken.
(2) Where that Court does not make' -any special
-',p."iur
"gi,r""-uiv directions under this rule, th€
order or
recogrrisanci o1 tn. upq.llant and of his surety or sureties (if any)
maY-be taken before a Magistrate'
(3) Tho recognisancas provided for in this rule s'hall bc
Form of rc- in Forms 16 and 17 in Appendix
C'
cognisanccs.
14) The Rcgistrar of the Court below
shall forw-rrd the
criminal his surety or sureties to the
Forms 16 &recosnisanJ.r"; ii,.-rpp"ti"nt and
17 '
Regiitrar'
(5) An appeilant who ltas bcen admitted to bail shall bc
Presenceof .*rrorrlf'or*;rr;'il;;i, *A every hearing of his appeal and
f|ti"l'i*"'.1 ;t th e fin;l'detelminat:on thereof '
ine-oi-tiJ (6) The Court may, where such appellant_.is not present
{;?"el.^, at any uJ""iri .i[i; ;pp"ri' if it thinks fif' decline to consijer
Lrlmlnal
18. *" upp*i'rrid t"uy ptl'^t"gd
ur.r ru!
IForm summarily- to.dismjss. the ;:';rr;31'
*a filV irr;;";irlt-t fcr the apprehension of the appellant
in Form 18 in APPendix C:
Provided that the Court may consider the appeal rn his
absence or make such order as it thinks fit'
Varying (7) When an- appellant is present before the Court' the
ordcr for Court rray, on an appliciiion madeby any pe".on 9J. if.,it thinks
bail
fit without any application, make any order admitting the appel-
i*t t, Uuif oi reuote or vary such order of p-reviously made. or
enlarge from time to time the recognisances the appcllant ot
of hil sureties or substitute any other surety for a suretir pre'
viously bound as it thinks fit.
Powcr to re-
(8) At any time after an appellant has been released on
vokc ordcr bail, the court or, where th,e appellant was released on bail by
for bail. i#'Co"it
- t.to." which he was coivicted, that Court may, if satis-
Criminal
Form 18. ["A tfr"t it is in the interest of justice so to do' re'roke
tU-, oiO", admitting to bail, and issue a warrant in Form
18 in
Appendix C for his apprehersion, and order hirn to be commit-
ted to Prison.
 19

54. (1) On the fual determination of any application to the Notificatioo

Court or if any appgl the R,egistrar shatl give^fo-the appellanrltTfrX"tT;
if he is in custody and had not been present at suctr final deter- ;;"J. -
mination, and to the respondent and the Director of Prisons Criminal,
notice of such determinition in Forms lg and 20 or 21 in Forms
19 to

Appendix C.
(2) On tho final determinatron of any application to the Notificatioo
of appeal in
Court or of aay appeal in relation to a convicu& involving sen- canital casd'
tenco of d,eath, the Registrar shall also forthwith notify in 1i 'il
20 or 22 as the case may be, the Prresident and the Director of
Prisons.
55. (1) The Registrar at the final determination of an Notification
appeal shall notify, of-rcsult of
in Juch manner as he thinks most convenigllj appcal'
-tre
tni Registrar of Court below the d,ecision of the Court rn
relation thereto and also any orders or directions made or given
by the Court in relation to such appeal or any matter connected
therewith.
(2) The Registrar of the Court below shall on receiving Entryof deci-
the notification referred to in this rule enter the particulars sion on
thereof on the records of that Court. *-
ffJ::
56. Any order given or made by the Court may be enforced Enforccmenr
by the C-ourt or by the C-ourt below as may be most expedient. of ordcrs,ctc
57. The Registrar of the Court below shall not issue, ex- Restrictioor
cept in cases of applications for bail, a certificate of conviction on issuc of
of- any person convicted in the Court below { rytip of ap.-pg{
m notice of apptcation for leave to appeal is given until the trl'*ffn:'
determination or abandmment thereof.
58, Upon the final determination of a-n appeal lor the purl R"t*o of
pose of which the Registrar has obtained from the Registrar of ii'iii""r -ie-
tle Court below any origrnal depositions, exhibits, informations positioos,
inquisi,tioo" plea, or ocher documeots usually kept by the said ctc'
Registrar or forming part of the record of the Court below,
the Registrar shall, where practicable cause them to be returned
to the Registrar of the Court below:
Provided that at the final determination of the appeal
the Court may order tle return of any exhibit in the custody of
the Registrars to any party who in the opiniolr of the Court is
entitled to it.
59. At any time after notice of appcal or notice of applica.
gion fo1 ta""16
"pp*t
has-bm given,'G
-appellaot
."iirit"i"fff,'f ?j.*
from the Rqgistrar copires of ths rwod and of any documents appijtant.-
20
pyrposes of,the app'oal'Such
or exhibits in his possession for thc at the rate of twenty
copies .nrl-uJ-.,ippri"o !v. tle Reiaistiar
for each subsequent folio:
cents for the first folio and ten-centi
Provided that the Court may dirrct that the appellant
be supplied with such copies free of charge'
has ordered any witness to attcnd
Auendance 60. (l) Where the Court an order in Form23 rn Appen-
orwitnessbe-ana u"
"*uH#iftoi'Jth"
fore the dix c. ,uu:t tttai *it"is specifying the tinre and
t" served upo" '9; purpose'
3r"Hl;, pfu"" ut which to attend for that
(2) The order may be made at any time
on the applira'
"*'1: is in
uppe[ant o, topo"o""i but if
the appellant
f,l'ffiI'ii, tion of tf,e 6y sol"itor or counsel the applica'
hear wimess' custodv Jd;t'tfi;,,L;;,tJ " 24 in Appendix C'
criminal tion shall;;;;t, titn i"'rotm
Form 24. of anv wit'
- (3) Where the Court orders the examination

l*rTh:r':H;:J:,hi#:ilf "iJ$:ilr:Ji:t'Ei.:#*fi::[1:?-rJ];
the^examinartioDr ond the
witness or witoesses
the place ti't"titig
to be examined thereat'
(4) The Registrar shall furnish to the- person appointcd
*v a""u-"r,t" or exhibits and anv cther
H*',rrXT, to take ,l;'";;;;fi-; when requested to do
withexhibits,6aterial relating to the
su"n.i3"i'fl;;;;h$i" *d
'uiO.".pilf-^-"nO
oine' mute'ial shall' aiter
;l?; r.lTii-.o. ieturned by the examiner'
_ii"iion. tn" "*u.,i'u?Jn;;b*" "oo"tuf,"i;
tosetheri:tiil;;";"&itt;*;;I"n-bvtrimunderthisruleto
the Registrar'
the day and time
Notification (5) When the examiner has appointed to notitv the
or date or for u" #*#'"joo''L-*nar
i[E nestttar
examination. appellant ffi 'A;;
tlr"-fupo!$ent.;Jlh"t- s.riciors or counrel, if
it i" ititon' the Director of Prisons'
any, and i["
iilJ* "rip"u*t
criminar .-j.-^^^
Form 25. wtness
.f'J',&"Y#:H ;H,t"??Jt
r(
Tt'fllit3:,fl?
fJ,*'*:il?,ui*,*"hr';;:'4p.p*"4""y*i'#iTil^rylff"'SH
oath. that examiner, except rrrhere ry"o"n witness
if giving evidence
need not to be sworn.
*it,HJ.oo"?*tlia "n-l,io',ntioo
". "
sasr$ in the -"ET"rffir-1llffi ,*i"G:1"!iFfi#toT'ii:fi
howtobebetakeninprivate.rrcoptid^tF";iioioepp.odixcs,tlall
llffm, fr tl"uta to *v such deposition'
Form26'
 2t

(9) Where any witness receives an order or notice to Expenses of

witness bc-
attend before Ohe Couri or an examiner, the Registrar shtll pav fore examin-
to thxt witness a reasonable sum for his expenses.
(10) The appellant and the respondent s'hall be entitled Presencc of
to be present at and iake part in any examination of any witness Parties at
to which this rule relates. :i"t?fi:3$'
61. When an order of reference is made by the Court to Proceedings
a special comrnissioner, the question to be referred, and the per- on refercncc'
son to whom as special commissioner the question has been
referred, shall be ipecified in the order. The Court may in that
order or by giving directions as and when it from trme to time
thinks fit, speoity whether the appellant or respondent or any
person on its behalf may be present at any examination or i9'
vestigation or at any stage thereof as may be ordered, and specify
any and what powers of the Court may be delegated to that
spocial commtssioner and may require him from time to time
to make interim reports to the Court upon the question referred
to him, and may, if the appellant is io custody, give leave to be
present at any stage of such examination or investigation and
lrve the necessary dirctions to the Diroctor of Prisons and may
give directions to the Registrar that copies of any report rtrade
by such special commissioner shrill be furnished to the appellant
and respondent.

62. (1) The detennination of any question before the Court Judgme-nts
shall be aciording to the opinion of ihe majority of the Justices of the court.
of the Court hearing the case.
A\ Sqrarate judgements may be pronounced by any
member of th,e Court.
(3) The Order of the Court shall be pronounced by the
presiding Justbe.

63 (l) The Court may, on account of the poverty of any Fecs and
party (al&ough that party may not have been formally admib lesal aid.
ted to prosecute or defend as a pauper) or for other sufficient rca-
son, dispeirse, if it sees fit, with paym.ent of say fu if circum-
stances of the case so require.

(2) Wh€re in the opinion of the Court the interests of

justice so require, the Court may grant free legal aid to any
party in the preparration and conduct of its defenoe.
22

PART V_MISCELLANEOUS
Court to 64. Except where otherwise provided in these rules or by
which
application any other enactment, where any application may be made either
should be to the Court below or to the Court, it shall be made in the first
instance to the C-ourt below, but if the Cottrt below refuses the
made.

application, the applicant shall be entitled to have the application

determined by the Court.
65. (l) The record of appeal may be typewritten, duplicated
*T*-tt or printed.
*riti6n,
duplicated tt The Registrar shall notify the parties to each appeal
or nrinted .2)
an6-no-tice. by written notioe at the earliest
possible date of the day fixed
for
1"- P11!,. 9l- the hearing of the appeal and the parties shall be in readiness
to'to be heari on the diy so fixed.
f,gnft:"
Yll:l-o|^
comDlance
66. Non-compliance on the part of an appllant with these
iii'ri"i,ti] rules or with any rule of practice for the time being in f,'rce
shall not prevent the further prosecution of his appeal if the
Court considers tlat the non-complian@ was not wilful and
that it is in the interest of justice that the non.compliance should
be waived. The Court may in such manner as it thinks fit, direct
the appellant to remedy the non-compliance, and thereupon, the
appeal shall prooeed. The Registrar shall forthwith notifv the
appellant of any directions given by the Court under this rule,
where the appellant was not presrit at the timre when those
directions were givea.
Costs of 67. On the hearing and determi,nation of ao atrryeal or any
appeal. proceedings preliminary or incideotal thereto, the costs if
any shall
be at ttre discretion of the Court.
Panr VI-AppEAL To rrrp SupnsMr Counr
9{:qIA 68. (1) Where the Court acquits or discharges an appellant
SiXt::l% or respondent as the case may beior where a seitence of a fine
suffi;t or other non-custodial seotence ls substituted fo a sontence
c?ur.t p of imprisonment), thc State or otler person aggrieved may give
ggltr8t oral iotice of intention to appeal to'the Sup6me Court Lefore
the Court rises on the day judgement is delivered.
Giminal (2) Where such notice is glven, the Court shall, upon thg
Forms 27 oral application of the State, or other person aggrieved, require
and 2E.
the appellant or respondent as the case may bo. to elrter into a
rocopisance (where applicable) with or without- sureties for his
due appearanoe before the Supreme Confi dudng tho hearing
of the appeal until its determination. The rcogrisance shall be
in Forms 27 and 28 respoctively in Appeodix C.
 2,
(3) Where such oral notice has been give,n, the State or
other person aggrieved shall, within the time limited for appeal to
the Supreme Court, file notice of appeal in accordanco with rule
74 ot the Suprerne Court Rules 1982 (P.N. No. I of i982) and
in Form I of the Second Schedule to those Rules.
(4) If the State or other person aggrieved fails to
comply with subrule (3) of this rule upon ihe expiration of
the time limited for filing a notice of Appeal, the said recogni-
sance and all obligations thereunder shalt thereupon be deerrcd
to be discharged.
69. (1) Application to the Court forleave to appeal to the,{ppti661;6o
^
Supreme Court shall be by motion and shatt be made within sneroii r veiJ
month from the date of the judgernent, decision or order to be 1p-p31lj o
appealed- from. The- applicant shall give all interested parties'3;,i#:t *"
notice of his intended application.
(1) The period within which an application for leave
to appeal.may be made may be extended ut *y time by the
Coqrt on an application by tbe apptcant to the Court. The
application shall be by motion supforted by affida.;it showing
ggod cause why the time should be extended.

70. Leavre to appegl to the. Supreme C.ourt in purswrnce of Conditiona

the provisiols of any _law relating to such appeal snut. in the .i'.i1il,"rr-"
first igstance bg granted by the cou.rt only upoiicondition'of the lr::le
appg.llant,- within p"rird to.be.fixed bi-oft[o Court butnoiex- 33r_::lf.[
-ceeding three "
months lom the hearing the application for
leayq tg appeal, providing good and iufficient seiirrity to tho
satisfaction of the Court. in a sum not excoeding five ihou,,and
leones,. for the prosecution of the appeal and lhe payment of
all such costs as may become payabre-to the responieit in the
nent of the ap-pellant-not obtaining an order granting him final
leave to appea.l or of the appeal-being disniissed Ior*"riot
prosecution, or of the Supreme Court oidering the appellant to
pay the respondent's cost of the appeal as the dse may be
71. Where the judgemerrt appealed fnom requires the appst-
lant to pay money or-perform'i doty, td d;rt-;;.;ii;".iodiiiJit""'ot
Execution

graating leave to appeal,-either direct ihat the said;"ffieottiffi#t

carried into execution or that the execution thereoi inali ui ,ur-
pended p"odilg the
-appeal, as the Court may dem just, and
where the c-ourt directs th€ said judgemeirt to be carrieo
into execution, tle person in whose favoiur it was gi*, ,t
betorc the execution thereof, provide good and sufficiit securiw"ii,
to the satisfaction of the Court. fo-r the d"" p"rf;;n;;;;i
such order as the Suprerne Court may think fit to make tt.rnn
24

Mannerof
a person-T?I:::-
72. For the purposes of rules 70 and 7lapprove
Court may ln nls case'
Providing security in ady manner the s@urlty
Security. "ide
;e f* ihle" avoida;; of doubt_it is declared that such
in whole or inpart
may, with the approval-of-ttt" Court, consist
of a dePosit of moneY'

73. Rules 70, 71 and ?2 shall not apply to the State'

Bules not
applicablc
to tho State.
for learc to
Coosolida- 74. Where there are two or more ap-olications
tion of aDDeal arising out of t#;;;'";hii'
*qth" Court is of opinion'
(btrrt and
appeals.
it'l,"ji ;;;e u* ro' ;h";;r;i;nce 9t should be consohdated'
the Supreme
,ii'nidI**"."-"0- ilui tnt ?ppeals and qrant
the Court may orreci ;h;-.pp"d; to be consolidated
ieave to appeal bY a single order'
Rescinding '15. Where an appellant, having -obtained an order grantirg
with con-
leave to him conditional leaue'io "pp*t a"i-haviSq- compl-ied to applv
appeal.
;ftto;'ffi;;e ; nim u1 such-order,
for an
fails
order
thereafter
granting hrnt !n{
with due diligence to the-bourt
;ffi;;-d;&i,-ii" boott mav, on-an ap-plication in that behalf
made by tue raponieni tutt'l". the oider eranting c'onditional
leave to appeal not*itil"sianOilC G ffi"ifurrt'.-"ompliince w-ith the
or"a"r, ariti may- tY,:!
;;Jiti"ffi;p";"a tv iu"n security providqdsl.v:bv the- appetrant itql:h::.
as
i; ;;6;i the'appeal Lnd the or other order tn
;il6;;;tr"ifiltriint nt, or makg.sirC! turther
the justice of rhe case
fi; ilffi;; *.-i" "tt of the Courr,
requires.
"pinion
Notice to 76. (1) On an application for final leave to appeal the
oi the
other Court"may inquite ,n6itt"t notice, or sufficient notice'
parties.
has Ueen given by the appellant to the parti':s con-
"lJicatioi
i5i"ii'"r0,^li ,"t ,"'tisneO is to the notices given, may defer
may give su-ch other
,il;;tin!;f"in th" nnat teave in fii opinion
to appeal, 9r of the Court the
Ai.Jtl"ri the rnutt". as
justice of the case requires.

(2) The Registrar shall, as soon as possible'. tra'rsmit

to the nditt.u. of tf,e Supreme- Court a certificate to the eftect
i[Jin^":J"rporOrnt G-i&eired notice, or is otherwise aware. of
iri"-"iaiiof the Court granting final leave to appeal'
Prosccution 77. An has obtained flnal leave to eppeal
appellant who
of appeal. snan'pros"cut.'fiit app"uf in accordance with the rules for the
;irr; 6;i"g regulating ihe gen,eral practice and procedure in ap'
peals to the SuPreme C-ourt'
 25

78. (l) An appellant who has obtained an order qrantmg wtthdrawal

of appcal'
him conditional leave,io appeal may, at ;t G; prioi !o thi
mskrng of an order grantinf him final leave to lppeal' yit\&aw
his ap[eal on such terms as to costs and otherwise as the Court
may diroct.
(2) Where an appellant having obtained final leav-- to
appeal, desines, prior to iG lodging of his notice of eppeal in
the Supreme Cburt, to withdraw his appeal, the Court may, u-pon
an apilication in that behalf made 5y -the ,appellal! -grant him
a cefiihcate to the eftect that the appeal has been withdrawn, and
the appeal shall thereupop be deemed, ,as from the date of such
certificite, to stand disniissed without express order of the Supreme
Court and the costs of the appeal and the security provided by the
appellant shall be dealt with rn such manner as the Court may
think fit to direct.
7g. (1) Where at any time betwoen the order granting final lylltjfgtion
oI partres'
Ieave to ipp*t and the lodging of the notice of uppeat h
the Supreme Court, the record becornes defective by reason of
the death or change of status of a party to the appeal, the C-ourt
may, notwithstanding the order granting final l,eave to appeal, on
an application in that behalf made by any person interested, gtant
a ccrtiflcate showing who in the opinion of the Court, is the
proper person to be substituted or entered on the necord in place
of, or in addition to, the party who has tlied or undergone a
change of status, and the name of that person shall therzupon
be deemed to be so substituted or entered on the record as
aforesaid without express order of the Supreme Court.
(2) Where, af0er the lodging of the notice of appeal in the
Supreme Court, the record becomes defective by reason of the
death or change of status of a party to th,e appeal, the Court
shall, upon an application in that behalf made by any person
to be transmitted to the Registrar of
interested, cause a certificate
the Supreme Court showing who, in the opinion of the Court rs
the proper person to be substituted or entered on the record in
place of or in addition to the party who has died or undergone
a change of status.
(3) This rule shall rot apply to criminal appeals.
80. Wtr,ere the Supreme Court directs a party to bear the Costr.
costs of an appeal incurred in the Court such costs shall be taxed
by the proper officer of the Court in accordance with these
Rules.
26

81. In this Part unless a contraryintention appears-

Ioterpre-
tatioo. "appeal" [reans appeal to the Supreme Court:
ot
"judg,rnent" includes decree, order, seotence and decision
the Court;
"record" meilrs the aggregate of papers relating to
an
apPeal.

PART VII-REVOCATION
Rcvocatioo 82. The Sieila Leone court of Appeal Rules, 1973
of Sicrra (P'N' No' 28 of' 1973) are hereby revoked:
Leonc
i3}:t"it Provided that any act or -thing-done under the said Rules
Rirics.le73. befone th"-;;;;;;;ent of these Rules shall continue in full
foroe and be-d,eemed to have been done under the corresponding
Provisions of these Rules.
 27

APPENDIX A
CYIL FORM I
Iu rrn Counr or AppsA,I-or SIEnne LeoNE
NOTICE OF APPEAL
Rule 9 (l)
BsrwEEN... ..............Plaintiff and.
Defendant.
Take notice that the plaintiff/defeadant being dissatisfied with the decision
that part of the decision more particularly stated in paragraph 2+ ofthe..
Court contained in the j udgnent/order of........ .......*r
dated the.................day of........................19.... doth hereby
appeal to the Court of Appeal upon the grounds set out in paragraph3and
will at the hearing ofthe appeal seek the reliefset out in para8raph 4.
And the appellant further states that the names anC addresses of the persons
directly affected by the appeal are those set out in paragraph 5.
2. Part of decision of the loser Court conplained ef;***
3. Grounds of Appeal:
(r)
Q)
(3) etc.
4. flelief sought frcm the Court of Appeal:
5. Persons directly affected by the appeal:
NAMB ADDRESS
(l)
(2)
(3), ctc.
Derrn this........................day 19......

Appellant
CffIL FORM 2
Ix rnB Counr or Appru. or Srm,nl LsoNB
NOTICE OF MOTION FOR I.EAVE TO II ITI L
Rule l0 (l)
Bsrwprx.... .............P1aintiff and..
Defendant.
Take notice that the Court of Appeal
will be moved on the..................day of 19.........

.Strike out wordl not aPPlicable.

..Statc name of Judgc
rri6 against whole dccision inscrt "Whole decision"
"r0""1;og
2E

as Counsel can be heard on the hearing ofan application for special leaveto
appeal against the decisiorl of the........
Court.. given on the.... .d"y
ofl
And further take fotice that the grounds of this application are:-
Derpp 1his....,....... .day of, 19..

Applicant or his Solicitor or Counsel.

To:
THn RrcrrnaB.
Counr or ApPEAL ron Srcnne LsoNB

CIYILFORM 3
Ix tns Counr or Apprel or Snnne LroNn
SUMMONS TO PARTIES BY REGISTRAR TO SETTLE RECORD
Rule 13(1)
BrrwnrN.... ..........Appellant and....

noon to proceed with settling of the record of appeal herein.

Derrp this........................day of.............. 19.........

Registrar.
To.

CIVIL FORM 4
IN rHs Counr or Appnel or Smnnl LroNe
BOND FOR COSTS ON APPEAL BY
APPELLANT AND SURETY/IES
Rule 14
Bond for KNow all men, by these presents, that we...
costs oo ap-
peal.
and............ ..............of....
and.... of
severally held and firmly bound to..................
........in the sum of....
lawful money to be paitl to the said................

'InsGrt name of respondent.

 29

cxecutors, administrators, or assigns, for which payment Yqll aT$

truly to be made, we bind ourselves, and each of us for himsell
in iire whole our'and every of our heirs, executors and adminis-
trators, firmly by these Presents.
Sealed with our seals.
Dlrrn the..................day of............, in the year of our
Lord 19............
WHBnms a suit is now pending in the Court at...... -......... -....
wherein the above-bounden........:..............'is Plaintiff and the
said.........
And whereas a judgement was given by the Court therein, on the
L...iuy of...... .L.........for the said.......'...'and
the said........... ,............has filed Notice of Appeal from the
said judgement.
And whereas it is by taw provided that the party appealing
shall give security to the-satisfaction of the Registrar for the.due
prosiution of ttie appeal and for the payment of any costs which
maybe ordered to be paid by the appellant.
And whereas the above-named.....................,and'...'.......'..
at the request of the said..........................'have agreed to enter
into this obligation for the purpose aforesaid:
Now the condition of this obligation is such, that if the said
;A i?iil; ;b;'b;;;e;; ::::::::::: : lli]l ::li ::::::::'"'$:. :T::
.......any or either of them shall pay any costs-which
may be ordered to b6 paid by the appellant this obligation shall be
void, otherwise remain in full force.
SrcNrD, sealed and delivered (L.S.)
in the presence of
(L.s.)
(Name and address of perscn
(L.s.)

bcfore rvhom given).......

(Signature/Mark and seal of
Appellant and Signature (s)
and seal(s) of Surety(ies).

(Signature of person before

whom given)
 30

CUIL FORM 5
Ix
rue Counr or Apprer" or Snnnl LsoNB
CERTIFICAI'E OF SERVICE OF NOTICE OF APPEAL
Rule l7(l)(a)
Berwrrx.... .......Appellant(s) and...
Respondent(s)
I, ttre undersigned Registrar of the Court of Appeal do certify that notice
of appeal in the above-named case was duly served upon....
..........the Respondent herein.

Registar.

CUIL FORM 6
lN rsr Counr or Appeer. on Smnnl LsoNe
CERTIFICATE OF NON.COMPLIANCE WITH CONDITIONS
. IMPOSED UPON A WOULD-BE APPELLANT
Rule 16(l)
Bsrwrrx.... .........Plaintitr1s)/Appellant(s)
and.... Defendant (s)/Respondent(s).
.

Pursuant to nrle 16 (l) of the Court of Appeal Rules, 1984I hereby certify
that the Appellant(s) in the above-named cause have/has complied with nonb
of the reqriirements of rules 13(4) and 14.
Dersp at..............................the.........day of........................19......
Registrdr.

CIYIL FORM 7
IN rnr Couxr or Appru or SERRA LroNe
CERTIFICATE OF REGISTRAR THAT CONDITIONS OF
APPEAL HAVE BEEN FULFILLED
Rule l7(1)(b)
BrrwsEx..... ........Appellantand..
Respondent.
I do hereby certifythat the above-named Appellant has.duly and punctually
complied with-the coirditions of appeal imposed on him in tie above-namei
cas€.
DersP this .day of.

Registror.
 3l
CUIL FORM 8
IN rHe Counr or Appsar or STsRRA LroNr
NOTICE TO PARTIES FOR COLLECTION OF RECORD
Rule 1712)
BerwsnN..... ...........Appellant and....
Respondent.
-- Take aotice that the record in the above-named appeal is now ready for
collection.
Dated this............ .day of...... ....19............
Registrar.
To..

CffIL FORM 9
IN raB Counr or Appnrc,r. or Srnnu LnotrB
NOTICE BY RESPONDENIT OF INTENTION TO CONTEND THAT
DECISION OF COURT BELOW BE VARIED
Rule l81l)
Respondent.
Take notice 6p1 ,pon
-th9 .hearing of-durt
iptends to contend that the decision
ttre appeal the Respondent herein
or fire tetow aaiea irie. - .. . . .. . .. .. . . ..
day 9f..,..'..
And take notice that
...19.........sha11be varied as follows:-
the grounds on which trre ie.ponae*iniinar io iiry
are as follows:-
l.
2.
3., etc.

DerEo this............ .......day of...........................19......

Respondent
CffIL FORM 10
IN ruB C.ounr orArpsAl or Srenne Lroxe
NOTICE BY RESPONDENT OF INTENTION TO RELY UPON
PRELIMINARY OBJECTION
Rule l9(l)
BsrwEEi.r.....
Respondent.
of;r#rr*l;a:::::::::::::::1.:::::.::::
.,^,^ }Ig-lgtice Fat the.$.espggdent herein named inten&, at the hearing of
,l#rXX g prerim ary objec'ti on notice where;r is
H:.iXTftLI',f *ifll"*, i n
,2
aIe as follows:-
And take notice that the grounds of the said objection
l.
2.
3., etc.
Dlrr,o this.........."dayof"""" '''19''"
' ii;:i;iiii n ;l;;; ;;;;-'i:;;;:;;;;;; ; " "
i
r-t, his sclicitor cr counsel
To the above-named PIaintifi, tefe r dr r,t'ApJtlle
or Agent of.............'
CIWL FORM 11
IN rns Counr or AppBar- or Smnna I-eoNn

NOTICE OF WITHDRAWAL OF APPEAL

Rule 20(l)
C. A. Civil APPeal No'. . " ""
BnrwmN.... ......Appellant(s) and""
Respondent(s)

-,",f *,fi:*;|,?1,:f "ti#iT;i,R,i:1iiit'l[:$[?.31f,'i:Jl]]S'"X'J

menti,oned aPPeal.
this ...day of.....

ApPellant(s)
Tae Rrclsrn^n'x,
Counr or Arrmr,
And to: cuIL F,RM lz
IN tsn Counr or Appnel on Smnnlr LEoNE

CERTIFICATEBYREGISTRARoFWITHDRAWALoFAPPEAL
Rule20(1)
C. A. Civil Appeal No""""" "'
BErwEEN.... .""'Appellant(s)and'
Respondent(s)
appeal have/
I hereby certifY that the Appellant(s) in the above-mentioned
has on the. day oI......'
.............fited notice of withdrawal of the appeal
herein.
at""""""" the. .day of.
Drrzo
Registrar
 33

CIVIL FORM 13
IN rns CouRr or Apprer or Srcnu LroNe
FORM OF DECLARATIOI{ THAT A PARTY DOBS NOT WISH TO
BE PRESENT OR REPRESENTED AT HEARING OF APPEAL
Rule 23
Appeal No...............
BrrwrrN...

Da,rrp this.,.... ......day of, ....19..

AppellantlRespondent
CUIL FORM 14
IN rHn Counr or Appslr. or Srcnne LsoNE
NOTICE OF TAXATION
Rule34 (2)
BsrwEEN............ Appellant and............
Rcspondent.
Take notice that the Bill of costs of the............
herein,willbetaxedon..... ....the.................dayof...................
. ...........19. at the hour of..................o'clock in tho
"""
vffi ;iil;; ;;iHffi,ianding.
'

DerEo at.....................this.. 19........

Taxrng Oficer.
To tie above-named.
and. ....of,
CIYIL FORM 15
Ix rnB Counr or Apppar or Smnnr Lroxs
BILL OF COSTS
civil Appear *".:::::.t:] ....
Title of Cause
...Appcllant
v.t.
..Respondeat
Bil[ of Costs of:
Da'te of Judgement:
Datc of aDnearan@:
Dates on ivihich the Cause was in the list:
31

No. of ltem Particulars Claimed Allowcd

Taxed at Le:
Allowed at Lc:
Taxing Oficer.

Nore-Every bill of costs must be delivered in duplicate on.this F.orm to the

flegiitrar who will upon request deliver one of the.copie-s to the opposite
pafry. nvery payment inclu'ded in the bill, includingallowances to wit-
iers6*, musi b'e iroved either by receipts ol by t4e verbal admission of
the pa-yee to the Registrar or by an affidavit or otherwise to the satisfae-
tion of the Registrar.
CIYIL FORM 16
Ix rns Counr on AppsAL or Srcnnr LroNs
CERTIFICATE OF THE ORDER OF THE COURT
Rule 36
Appeal from the....... of the.
dated the... ......day of........................, I 9.'. ...
Motion
.Appeal No........
Appollant
r't'
Rapoadeat

PrcsidingJustice

This appeal coming on for hearing on the. day

.for the Respoadent.

|::L4
I hereby ccrtify that an Order was made as follows-
Grysx under my hand and the Seal of the Court this.......... ..........6ay

Reglstrar
 35

APPENDIX B
FEES IN CIVI MATTERS
Le c
On filing Notice qf Appea! against a final Judsement or decision 15 o0
6n Respondent's Notice of ;n1sn1;., to conteid that declsion of
Courl below be varied t5 00
On frling Notice of Appeal agalnst an ;nterlocutory order or declsion 8 00
00
On fil;ng Notice of Appeal where Ieave granted 4 90
On settl;ng record of appeal 4 00
On bond to secure costs ofappeal ... 4 00
Onfiling-motlonforextensionoftime: if the time has not yet
explred 10 00
On fil;ng motion for exteDsion of time: ;f the tlne has already
expired 30 00
On fillngsnrmotlon not otherwise providedfor 8 00
On filjag motion for stay of executlon (if applpat;on is made by
separate motion) 8 00
On filing amended'or additional grounds of appeal:
if filed at least three u,eeks before the date fixed for the com-
mencement of the sitting for u,hichthe appeal is set down . .. 4 00
if filed less tban tlree weeks but at leait two clear days
before such date 12 00
iffiled later, but before the hearing ofthe appeal ... l8 00
Oa amrcndjng or adding to grounds of appeal by leave or direction
of the Court at the hearinC ... 30 00
On Registrar's certificate that conditions of appeal have been
futnUea
Hearing fee payable in advance ...
I 00
16 00
And if the hearing occupies more than four hours, for each
addition complete hour ... 4 00
On filing motion to restore appeal dismissed under rule 16 13) 30 00
'
Qn filing motion to restore appeal struck out under rule 24 l5 00
On filing motion to set aside and rehear appeal determinedex parte 30 00
Onfilingmotionto set aside Taxing Officer's decision or order 4 00
On evgty s€rtificate of the order of the Court cf Appeal lmade on
thef naldetermination of appeals underrule 36) 8 00
On filing every document or exhibit 0 40
On inspection of any document or judgement ... 0 20
On oftce copies of any documents: for every folio of 100 words op
part thereof 018
On lodging a bill of costs for taxation including taxation for the
6rst twenty-folios 4 OO
For every ten folios or part thereof after the first twenty 2 W
On filing motion for leave to appeal to the Supreme Court 30 00
On every bond where the appeal is to the Supreme Court 8 00
36

On m aking and dmwing up Order for leave to appeal to the Supreme Ze t^-
Court 8 00
The cost of the record of appeal shaltbe calculated as follows:
Full cost as above to any party and one-quarter cost for each
copy for the use ofthe Court
Fees for service of any documents and in connection therewitl
and payments for mileage involved by such service shall be
charged and paid under the rules and scale regulating servicc
in the Court below.
APPENDIX C
CRIMINAL FORM I
IN rHB Counr or Appnel or SrcRnt LsoNs
NOTICE OF APPEAL-eUESTION oF LAW ONLY
Rule 40 Q)
State ys,
To the Registrar of the.
Here state I. being dissatisfied u'ith my con'
name of per- viction/the acquittal ol discharge ol
son aggrieved and being now a
and offence prisoner in the State's Prison at.
e.g. name of
convict. whose address
*Where app- hereby give you otice of Appeal against my conviction/ the
reason not
custody or
where appell- appear) to the Court on question of law, that is to say:--
ant is thc
State.

Here state as D,lrso the........................day of...... ............19

clearly as you (Slgnature 61 rnark)...
are able the Appellant.
qucstion of
Iaw on which sign ature and address of witness attesting mark.........
you desire to *In case of a convicted person state residential address.
appcal.
PARTICULAR.S OF TRIAL AND CONVICTION
Fill io all l. Date of Trial
thcse parti- , Place of Trial
culars, ? Sentence
4. Whether above questions of law were raised at the trial.
State-
6a) rvhether or not you desire to be present at the hearing
' ofthe appeal.
(6) wtrether or not you will be represerted by Solicitor or
Counsel.
 37

(2) The Court will, if you desire it, consider your case and
irgument if put in writiirg by you or on your behalf, instead
.,iyour case and argument being presented orally.
"' State if you desire-to be presenlrihen judgemenf is delivered.

CRIMINAL FORM Z
IN rue Counr on Appret or SlEnne LEoNe
NOTrcE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST A CONVICTION
Rule 4s (t) and (2)
Stste vs.
To the Registrar of the...
L............... Here statc
having been convicted of the ogence of.............. thc offcnce
andnowbeingaprisonefintheState,sPrisonat...'..'....... e.g.larcony,
...........) murder, forg-
ror whose aO-Areis is)*......'..'.. ery, ctc.
ind being desirous of appealing against rny said conviction do .Where app-
hereby give you notice that I hereby apply-to the Court for leave licant for any
to apieal aiainst my said conviction on the grounds hereinafter reason not in custody.
set forth.

Derno this .day of. ......19.

1S;grrature or mark).....
Applicant.
Sisnature and address of witness attesting mark...........
- tstate residcntial address

PARTICULARS OF TRIAL AND CONVICTION

l. Date of Trial Fill in thcse
2. Place of Trial particulars.
3. Sentence
Grounds of application :
fl) If you desire to be present when the Court considers your Here state as
i,r?:sent application for^leave to appeal, state:-
clearlv. and
(a) whether or not you willbe represented by a Solicitot ,f,i
Counsel and "t iStiiiil'
grounds on
(6) tlre grounds on which you submit that the Court should [*i:: .li:
give you leave to be present thereat. peal againit
(2) T!9 Court will, if you desire it, consider Jour case and ffi convtc'
argument if put in writingby you or on yourbehalf, instead of your
'
case and argument being presented orally.
State if you desire to be present at the fioal hearing of
your appeal.
 38

CRIMINAL FORM S
IN rHe Counr or Apprer or Srrnn.n LroNe
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST SENTENCE
State ys. Rule Sg (t)
To the Registrar of the.........
Here
- state. .I"'."""""'
1,. orJ*i. having been convicted of the offence of..............
c.g. Iarceny, and now being a prisoner in the State,s
Prison at..............
murdcr, tor whose address is)......... :..
'i; ' 'iil ' ' b;;;i' 'i;;
['ri*r'Jl; ;3 i6 neiity c,;;J;; ,i,ti"" ir,"t'r d;;i;; i; ;;;iy
ricaniloiiriv Ieave to appeal against the sentence of......,
reason not 6 ...........................passed upon me for the said offence on the
custody. following grounds:-

Hcrc set Der6o this.....................day of..............

forth the (Signature or mark)....
gtrounds on Applicant.
which you Signature and address of witness attesting mark. . . - .
desire to +State residential address.
question the
$entcnce. PAR.TICULARS OF TRIAL AND CONVICTION
1. Date when sentence passed.
2. Place of Trial
1l) If you d-e.sire. to -be present when the Court considers
your application for leave to appeal, state--
1a) rvhether or not
you will be represented by 5olicitsl
61 Counsel.
'
(D) the grounds on which you submit that the Court
should give you leave to be presentthereat.
f2) The Court will, if you desire it, consider your caso
ind argument if put in writing by you or on your behalf,
instead of your case and argument being presented orally.
State ifyou desire to be present at the final hearing of
your appeal.
CRIMtttAL FORM 4
IN rnr Counr or Apprar on SrsRnA. LnoNe
I1"- ^"'1I'NoTICE oF AppLIcATIoN FoR ExrENsIoN oF TIME
.'3ilL"ei'irJ.i1i WITHIN OR TIME WITHIN WI{ICH
WHICH TO APPEAL
and
--offence TO APPLY FOR LEAVE TO APPEAL
c.s. The state. Rule 40(3)
;il"}:l' ?3; ro the Registrar of the..........
'-i*"'r.u*-o ...'...being dissatisfied with my con-
I...............
oi in custo- viction/the acquittal or discharge of..............
y or where of.............. ..in the
plicant is """"""" .......of the offencels)
hc State.
 39

......day of........................ 19...............end belng

::: : ::"lY :: ::: ::T I lll?"?k;; ;ai;;; i;t;: ::::::::: :: : :

C;;i i;; ;; ;;ffii;,e""r"rll3 ,l'1l:T ffi:J,*':I!?3tii"i"*'i?

Appeal 1or Notice of Application for lcaveto appcal) on the grouadr
following:-
Hcrc .ct oul
clcrrly rnd
lSipature or mark). cooclrl, thr
Agplicant rutrcnr for
tho dclry
la3ivi4ruci
sotlcc md
th 3rou.dr
oarllclyou
rubmlt tbe
Signature and address of witness attesting mark..... . .. . .. .. .. Court rhould
tln the case of a convicted person state residential address. crtcnd thc
You are required to send to the Registrar of the Court, duly timr.
frlled up, Form I, ifyour proposed appeal involves a question ofla*
a!o4e; or Form 6, ifyou have obtained the Certificate ofthe ludgc
of the Court of Trial; or Form 2, if you have not obtained ruch
Certificate; or Form 3, ifyou desire to appeal against your rentcacc
only, together with thir Noticc.

CRIMINIL FORM 5
Ix rxg Courr or Arprrl or Snmr Lroxs
,UDGE'S CERTIFICATB
Ralc A
The Statr v.r.
In the.... ...Court ol
.holdeoat....
lVnsnB.as the said ,..w&t
tri cd and convictcd before me, the undersiped, in the raid Court on
the............ ................day - 9f...... oD 8 91110 rLortly
tharsg -of...........'.. ...........and was thereupoD len- th. otrcnci
tenced by me to.............. . r.j. lrrccry,
I do hereby ccrtify that the case ic a fit case for an appeet by the murdrr,
..
raid...............:........:... .............to *a for3crv. rrc.
Coutt upon the following groundr:-
Hcrc rpeclfy
in jcocnl
Drrnp tLir
tcrmr tlr
.day 19... goundr oE
rhicl ccrti6-
"' cltc rrerttd.
40

CRIMINAL FORM O
Ix rxs Counr oF APPEAL oF SIERRA Lroxn
NOTICE O} EPPTAT'UPON CTNIIFICA'TE OF THB JUDGB
OF THE COURT OF TRIAL
tule a1e)
The State Ys.
To the Registrar of the.
Hcrc ttatc I,. ,. .. ,.. . .. . .. .
thc offencc, havini been convicted ofthe offence of'.............
*r,;d:::'"",' and 6ing : .:::.:::: * H.
tJfif,;,rff
T"1ll; :. : : : : :::::::::::::::::::::

I"iffjl; '"' ;;;'ii;;;;ilry ;t"il;d'; hereto annexed ftom

i',s
for ths 1u6ss"U"f"ic whom I rvas tried for the said offence that it is a fit
";'tld;tJwtrictr
ilJ;;;;
"ppjl""nt ;;t ;;e'ilr";"r""r, a, ii"rebv give vou notice of appeal agaiost my said
in cuttodv' o-r wtricn appear) to the court'
.or"i"tiori'lnaiticulars
D,rrrno this...........................day of..,....'..... " " "" "'19" " "
(Signature or matk)...
Appellant.
Siqnature and address of witness attesting mark" " " ' " '
I address.
'State residentia
PARTICULARS OF TRIAL AND CONVICTION
l. Date of Trial
2. Placc of Trial
Fill ia rll 3. Sentence
prrti- Vd;;'t"q"ired to ans\\'er thc following^ouestion:-
thcrc
culerr. il y; d;;il; f; b" p6;;i on iiie t'euiine
Court?
Sriour appeal bv thc

N.8. The Court wi{I, if you desire it, consider your case and argumcnt if presented
Put into-writing
orally'
uv vou or on ibur Litralr instead of your case and bcing
"rou.""nt or tiiit the ccrtifrc'to
Voi must a;"il;irhihi, Notice to thi Registrar of ttr5bourt
of&cJudgcwhotriodvou'
,RIMIN.aL FoRM 7
lx rHe CouRr or AppEer or SEnRA Lroxg
NOTIFTCATION TO APPELLANT OF A SINGLB
JUsrIcE's DECISION
Rdc t4
The State vs.
IherebyglrveyounoticethataJusticeofthcCourtofAppeal
n"ving' coniidetea your applicationis) for-
wrll-ri1-which notice or appeal or or
E] *t#"tfii'"'f,1k"
"dii;;i;rioi1*,e."it".?,\ff
(c) Pbimission t9 be Presen! {01.f:::"drorany
aPPeal;
Proceedings in Your
 4t

@ Admission to bail;
(ir) Leave to withdraw abandonment of appcal,
has refused the application(s) marked
(and has granted your application(s) marked. ):
If
you desire to have the above-mentioned application(s).
which liave been refused, determined by the full Coirit, you ir-i
rcquired to fill up the enclosed form and return it to me foithwitb.

......'......19......
Registrar of the Cour I of Appdal.
To thc above-narned

CRIMINAL FORM a
Ix rHe Counr oF AppEAL or STERRA LnoNn
NOTICE OF APPEAL BY APPELLANT FROM REFUSAL OF
A SINGLE JUSTICE
The state vs.
Rule 4
To the Registrar, Court of Appeal.
I............... .having receive6 your notificationthal
my applicationls) for-
1a) Leave to appeal;
(D) Extension of the time within which notice of aooeal or
_ . j,pptl"rtion for leave to appeal may be given;
(c) Ferm;sslon to me to be present duringlhe hearing of
any proceedings in my appeal;
1d) Admiss;on to bail;
(L) Leave tg withdraw abandonment of appeal, has/have
been refrsed; do hereby give you notG ttrit t desiri
that the sald applicationls) shall be considered and
determined by the full Court and that as-t am not
represerrted by Solicitor or Counsel I desire to bc
present at the determination of my said apptioetionls)).

Drrrnthir..... 19..........
mar$
Appellant.
lienatur-g and address of witness attesting mark
- If you desire to state ary re,*ons in ad-dition to
yo., in y-o-ur original notice upqg which you submitthat
th;;';;i;i
E
Court.should gxant your said applicationp),
G idi
you may do ;oE ihc
3pacc bclow.

. Stritc out if you do trot doriro to bc prcrcat.

42

CRIMINAL FORM g
Iw rns Cour.r or Apppel or Smnna LroNg
NOTICE OF ABANDONMENT OF APPEAL
Rulc 1611)
The State vs.
I,........ .... .
. .. . .. .

1o) havingbeen convicted

of. in the
.....Court at. ......and having
been desirous of appealing to the Court against my said conviction
(ot the sentence of.............. ........................imposed
i,pon me on my said conviction) or

- -:
ll::""':Iliiii3t.ffi :filfiI :; :
: -
l? T:,
.....and having been desirous of appealing
to the Court against the said acquittal or discharge, Do hereby
eive vou notice Ihat I do not intend further to prosecute my appeal,
6ut tirat I hereby abandon all further proceedings in regard thereto
as from the date of this notice.

Derso this.. day 19

lSignature or mark)
To the Registrar, Court of APPeal

rns Counr or Appr.el or Slrnnr Lroxu

IN
NOTIFICATION OF ABANDONMENT OF APPEAL
Rule 1612'1 and Q\
The State ys.
Tot'..... ' '.,.
irrit iJ to give you notice that I have this day received from the
above-named """"'r'.""""',
a notite ofuUandonment of all proceedings in regard to his appcal
to the Court.
ite-ruio-ootiie is dated.. ..............day of"""""""'
'
......19......
ii" rui" 46 (l) of the Court of Appeal Rules l9B5 the- notice of
uUuna'.rn*eot hiJing been given, the appeal is deemed to have bcen
dismissed by the Court.

'(a) Thc Attorncy"Gcncral and Minister of Justice,'

.(r) Thc Respondent,'
'(c) Thc Dircctor of Prisons,'
.(d) Thc Rcgistrar of thc Court below,'
asainst a conviction iovolvioS a .cotcaco
'(c) fiii iiliiifirt f;; ihe c"sa;aan appeal
of dcrtb).
 43

DrrgD this. .day .19...........

Registrar of thc Courr,

CRIMINAL FORM 11
Iu rns Counr or Appr,c.L or SrspJRA Lroxs
NOTICE OF APPLI6ATION FOR LEAYE To WITHDRAW Al.I
ABANDONMENT OF APPEAL
Rule 17 Hcrc ttrtc
To rxs RrctsrnAn, CounrorAppur, thc ofrcncc
c.g. larccny
I forgcry, ctc.
1c) having bcen convicted of the offence of,
...and now bcing a prisonu in thc
Statcrs Prison at.
or whosc address is). .) or
(D) having been dissatisfied with the acquittal or discharge of......
....of the offenccls) of............
and whosc address is..............
and having duly sent a notice that I desire to appeal to thc Court of
Appeal, and having abandoned my appeal, hereby gtve you Noticc,
that I shall apply to the Court of Appeal on the..................of......
............. 198..................for leave to withdraw mv
aoticc of abandonment, in thc special circumstances following:J

Hcrc rct out

as clcarly end
concisely u
possible tlc
spccial rcl-
sons for
giving ruch
noticc, rnd
thc groundr
on which you
rubmit thr
Court rhould
dlow you to
vithdrev thr
rbrndon-
moat.
Drrap thir.. 19
or mark).....
Appltcwtt.
.Statc rcaidential addrcs!.
H.B.-Form 4 must bc 6llcd up aod sent with this Notice to the Registrar.
4
CNMINAL FORM TZ
Ix rn3 Counr or Appur or Srcnnl LsoNn
RE@GNISANCE OF APPELLANT SENTENCEO TO PAY-
MENT OF FINE
Rulc 1612)
The State v^r.

To Wit: Be it remembered that whereas......

of..............
was on thc. day of 19......
convicted of.............. ...........and was...'..............
tlereupon sentenced to pay the sum of...'.................as a fine for
'-\ the said offence bv the rd1""""""' """""""'and saidhas
H3." nrr 6 intimated to the s'aid Cbrirt that he desires to appeal against his
ql-.co*t olconviction on a question of law a one 1or upoir-a certificate of the
Trirl. Judge that his is a f.t case for appeal);
ANo wnnnB,ts the said Court considers that the said
Appellant may in lieu of payment at and upon his said conviction.of
the said sum,- be ordered tb enter into recognisance of bail in thc
sum of Le............. ......and wit}........'..
surcties, each il the sum of Le......... .to prosecute hir
raid appeal bcfore the Court:
Th6 said.....................doth hereby acknowledge himself to
owc to the Slate the said sum of Le...'........ ...'.'.'..... "of good and
Iarful money, to be made and levied of his goods and chattels,
lands and ten-Cments, to the use of the State, if he the said'. ..... """ "'
fail in the condition endorsed.
'iT:i:i::\3:t:i:::iTl
(Signature or
;
mark)....
Gi;; ih;u3l'l'c;;:
ApPellant
(D) (Signature)..
Indioto (U; lferson before whom taken)
OGcr
CONDITION
The condition of the within written Recognisance is such that il
the said....... .. of............
shall personally appear and be pressnt and before the Court at each
and ivery hearin-g of his appeal to such Court and at the final
determination theieof and then and there prosecute his said appeal
and abide by thejudgment ofthe said Court, and not depart or be
absent from such Court, at any such hearing without eavi of the
said Court, and pay the said sum of Le... .. '
or such sum as the said Court may order to the Registrar thereof,
then this Recognisance sha I be void, otherwise of full force and
cffect.
 45

CRIMINAL FORM 13
IN rrrs Counr or Appmr' or Stnnnl LpoNB
RECOGNISANCE OF SURETIES FOR APPELLANT
SENTENCED TO A FINE
Rule 49 74)
The State vs.
To Wit: Be it rememLered that on the. ..day of .Hcrc fll io
thc Court of
before the. Trial.
acknowledged
to the State the several sums fouowing that is to say:
the sum of Le.... .........and the
said. the sum of Le. of
levied of their goods and
, to the use of the State if
said Court fa in the
cc r-ditic n herecn endorsed.
- frtin utd u.kno*'ledge tefcre tt'e said Ccurt on the day and
1 car f,rst atove-menticned.

(Signature or mark)

(Signature)...
iPe rscn b:fore
v'home uken)

CONDITION
The oondition of the within written Recognisance is such that
whereas the said....... , having been convicted of...... ...

;il;;ii; . .i#H'Jf":ffi":"ll 9*:J#

intimated his desire to appeal on a question of law alone 1or with the
certificate of the Judge of this Court) to the Court against the said
conviction, and having in lieu of payment at and upon his said
conviction of the said sum of Le,....................been ordered to
enter into recognisance of bail himself in the sum of Le. . . .
and with..... ........sureties inthe sum of Le...
if the said............ .shall personally appear and be
present at and Lefore the Court at each and every hearing of his
appe al to such Court and at the final determination thereof, and then
and there prosecute his said appeal and abide by thejudgement of
said Court, and not depart or be absent from such Court at any such
hearing without the leave of the said Court, then this Recognisance
sha[ be void, otherwise of full force and effect.
6
CNMINAL FORM 14
Ix tnB Counr or APPmr, or Snnu LroNe
NOTICE OF BREACH OF HIS RECOGNISAI.ICE TO APPEL.
LANT SENTENCED TO A FINE
nute 48(4)
Thc State vs.
To the above-named............... .Appellant
Wnrnms you were convicted on the......-.........'day of....''...
19................:................of the offence of.....'.........and were
ientenced to the payment of Le.'.........:...............and in default
of such paymenf to imprisonment, and you ente-red iuto recog-
oisance in-tne sum of Le....'..""" with"""""""""
iureties in the sum of Le......... eaoh to prosecute your
appeal;
ANo Wsntrls twenty one days have elapsed since your said
conviction, and no noticeof appeal has been served by you:
Now I hereby give you notice that unless you attend at the
sittine of the Coririto be holden on the......'.................day of
.......:...................19..................and then show good cause to
the contrary, the Court may order an estreat o-f ygr1r recognisa-nce
and those oiyour sureties, oi may otherwise deal with you according
tolaw.
Derno this. .day of,

Registrar of the Court of Appeal.

CRIMINAL FORM 15
or Appslr, or StsnRA LsoNe
rN THE Counr
NOTICE TO SURETY FOR APPELLANT OF ESTREAT OF
RECOGNISANCES
Rule4B(t)
The State vs
Hcrc fiIl in To:
turcty'!tramc -r
end eddrccs.
-sswe' or.
-- .. ' .
'us WnsnsN you the above'named, b@ame duly bound in recog-
nisance as sureiy, for that the said' ' '
having been convicted of' ' ' ' ',' ' '
anA for ttre said offence fined the sum of Le'
-fiould duly prosecute an appeal in relation to his said conviction
before the Court;
ANo wrnneAs the said...
as not so prosecuteo his aPPeal:
 47

Now I hereby glve you notice that at the sitting of the Court
on.
n€xt your rocognisance may be ordered to be estreated, unless you
then shew good cause to the contrary.
DerBo this...........................day 19.........

Reglstrar of the Court of Appeal.

CKIMINALFORM 16
IN'I}IECOURT OF APPEAL OF SIERRA LEONE
RECOGNISANCE OF BAII OF APPELLANT
Rule 53(3)
The State ys.
Bo it remembered that whereas. (a)
was_convicted of (a) , Statc Ofrcaco
on the. ...:.1 .day of 19......
ifi;;t:::::: .......),
(and wasthereupon sentenced to. . .
and now is in lawful custody in the State's

;;;i,ilil(",ii*tl,t!)i;T*ttLt*"I."fl Brliur,,3f; "il}'o*i

pendingthe.determinatioir ofhis appeal and has Uein granrea bail
on gnteringinto hisownRecognisaiieinihesnm of Le. .. ...... ...
wrth.. ...suretiereachinthesumofk..
l1?#1;*; ild";,is,*i,'b"ios ih; 6): :::::: :
tu*l
.1T::'*' illli p, .

il# rd; il.i ;il ;ii; :::: : ill ilii:::i:: :i:::i:ili "!*1r"
ano Iawful money, to be made ano levied of his eoods and chaTtels-
Iands and tencments to the use of ttre State, if hdthe said.............
...fail in the condition endorsed
(Sisnature or mark\. .
i;;ii;:i.
Takcn and acknowledged this. . . . day of. . .
Iy....... r.., 4t ... ...before me,
(Signaure),
(b) (Person before whom taken)

CONDITION
, said.
tho
Thc oondition of the within written Recognisanceis suchthat if
.....shalt persooaflv-aoEa"
and surrenior himself at and before tho Courtit oach ana-Cvcrv
hcaring of his appeal to such Court and at the nnat Octcrminaitoi
theroof ano then and there abide by the judgmcnt of the said Court
and not depart or beabsent from srich Couriat any hearing without,
48

the leave of the said Court and in the meantime not depart fromhis
of- the Cgutl-, thenthis
,iri.ii ptu". of abodq without the leavefull-force
ie"odri,ao"o shall be'void, otherwise of and effect
"---"ni itio*tns to be fitted up bv the Appellunt and signed by him:-
w[iii."ieit6d on bail mv reiiaenc,-;, to which any Notices, etc',
are to be addressed, will be as follows:-
(Signature or mark)
Appellant
CRIMINAL FORM 17
IN THE COURT OF APPEAL OF SIERRA LEONE
RECOGNISANCE OF APPELLANT'S SURETIES
Rule 53(3)
The State vs.
.....dav
of :::YY:',.*:T:::1i": .. ...and,
appe:ued
'Indicatc
officc

the day
Taken and acknowleoged before me the undersigned'
and year first above-mentioned'

.Indicatc
lsignatur?;
il; ;;; i;i;*' ;ii;; ;;i;;;.''''
officc
CONDITION
is suct tfat
The condition of the within written Recopisance
*ne'dJiil fi[....."' "'' andnow
haung
#;;;;;d;r ""
ffi"ll;"ffi "irt"av ", uur"ii mentioned (under a sentence of. . . .

H,,-m*;r"':m***',t#mi:trffir#
tion of his saio apPear, #q"*Aanter'
bail on hfs €ntering into'
i6pita".es in lle......
sum of Le" "
with.. "suretieseachinthesuB
 49

ofle.. ......ifthesaid ';;ii

shpll personally a-ppear and surrender hi.;i ui ;;fb;;;h;
said court at each and every hearing of his appeal lo ru"rr Co,ii
and at the final determinatioir thereof, and their'ana i["* ii,iaiT,
tlre judgment of the said Court, and not depart U" u-Ur*ili#
"i oFtn"
the.said Court, at any such hearing without the teave t;;;
ancl rn the meantrme not depart from his usual place of auoa6
without tle leave of the courf then this recognisinde tl"ft.
otherwise offull force and effect. ""io
CRIMINAL FORM 1S
IN THE COURT OF APPEAL OF SIERRA LEONE
WARRANT FOR ARREST OF APPELLANT ON BAIL
Rule 53(5)
The State vs.
To the Constables of the Police Force and to the (a). . . .' (a)
. . . . ofthe State's prison at. . . . . . . : . . . . . . . . . iiaicat"

Cou X,ffXflti" ;;#d ;; r;i;;.i ii h;; ;#t#B:l,3,:t il" l*: "**

said Court that a Warrant be issued for the app.ehenslon
said
;i;ii;
These are therefore to command you the said consiali;r
with to apprehend the said.
i;ih-
ang !o. bring !ri+ to the. .. . . : .. ::: :: . :::: :::: : :::::i;i ;f ;h;
said Prison and there deliver him with this warrant into tG'cust"a'v
of the said... ol
...and v"rr-it"-rri,i rndicatc

recelve the sala. . . . . .into J.,,, .,r._

tody in^the sa1d. prison and there saftry to keep him ,oiir rurii*
order of the said Court.
D.lrso this day of. .19....
'' b,iiatii jiiitii." ''
CRIMINAL FORM T9
IN THE COURT OF APPEAL OF SIERRA T,ROruN
NorrFrcATroN To APPELLANT oF RESULT oe a-ppircATloN
Rule 54(I)
The State vs.
To the abovenamed Appellant.
is to give you notice that the court has considered your
ro.jHt appriqali6,
(a) leave to appeal to the said Court;
(') vou mav sive notice
'#;Fj|nftS3,'H.tffi"1['HrJ'rrt* or appear
50

(c) admission to bail;

u'1,*ru"r*ffi :f, L%'"?1;*?$.'#ii#IotH,ffi':l

';;lffiTif,
effect:-
Drrep this... .daY of. " '19" ""
I.....
" Registrar of the Court of APPeal.

CRIMINAL FORM 20
LEqI'-{F--^
IN THE COURT OF APPEAL OF-SIERRAAPPLICATIoN
NorIcE ro eurniinirrpls oFEesuLT oF
- Rule 54(l)
The State vs.
'.fo*. ... for-
naving applied
This is to give vo"'"Lti#iriui ih" atore-..niio".a
(c) leave to aPPeal to the Courti or
(D) leave to extend ;h. iffi;Lliin which he may give notice of appeal
' ' ofan application for leave to appeal;
(c) admission to bail;
id) teave to withcrraw abandonment of-appea! -- r has given
tte Court has this auv'f;Jufii*"diJffi;;d'h1['riia appt,"ation and
judgoent to ]be followins effrct:-
19" "
Dereo ttus.. ....'::.::....dav of'
Registrar of the Court.

CRIMINAL FORM 21
IN THE COURT OF APPEAL OF SIERRA LEONE
NoTIFICATIoNToAPPELLANToFTfIERESULToFHtSAP?aAL
Rutc 51(I)
Tho State vs.
To thc above'named APPellant. appeal
This is to give y#ffi#'ihat the Co,rt having considerd.Jour
have rnally aeterminei ii";; i;;
thj. oai gi"irliapent to the followins
effcct:-
Drrro thir... day of.

Reglstrar of the Court of Appcal

Justice ;

agalnst a convlction involving

 CNMINAL FORM 22
I
IN THE COURT OF APPEAL OF SIERRA LEONE
NOTICE TO AUTHORITIES OF RESULT OF APPEAL
Rute 54(I)
The State v.r.
Tof
This is to givc you notice that the above-named having appealed against-
(a) his conviction of the offence of
before the. . . ....d.iiit.
(D) thc sontcncc of.... ......passeduponhim
for thc offence of.. by
thc... Court.
(c) the acquittal or discharge of by
thc... ..... .Court,
the Court has finally^dcterneined the said appeal, and has this day giveo judg-
ment thercin to the following effect:-
Drrso this .day l9
Regtstar of the Court of Appeal
CRIMINAL FORM 23
IN THE COURT OF' APPEAL OF SIERRA LEONE
ORDER TO WITNESS TO ATTEND COURT FOR EXAMINATION
tutc60(r)
Thc Statc v,r.
To.........
of.......
--''wiriiies on good ilG ;ti;;; ;;';h;'c""'t-iil h;;;'i;
ordered to
attcnd and be examined as a witness bcLre the Court upon the appeat ef thc
above-named;
This is to give you notice to attend before the said Court at
on.... ..the..
dayof. ..19....at..
you
....o'clockin
the. . . . . . .noon.
are also rqOpired to have with you
at tho said time and place any books,papers or other things relating to thc ;aiC
appeal which you may have had notice so to producc.
Dereo the. . ... .

Registrar of the Court.

*(a) The Attorney-General and Minstor of fusticc

(b) The Respondent;
(c) The Director of Prisons;
@ The Registrar of the Court bclow;
(e) The President-(in -t!e case of an appeal against a conviction involving
I seDtcaco rfdeetb).
*
CRIMINAL FOTA 24
IN THE COURT OF APPEAL OF SIERRA LEONE
:epprr,iffi s-',rpPItceuoN FOR- FUR THER_ TWITNESSES
Rulc60(2
To the Registrar, Court of APPeal.
Tho Statr v.r.
I..... ',"'haYrng-aPPealedto.
Vo" tq take notice that I desire that the said
tnc Ciririr, ftrifii'r"q"iri Coutt
sGfirrtei tUe-'ri.toe.ics hireinaftcr specified to attend the Court and bc exatl-
ined on my bchalf.
DlrBo thls... . ..daY of...
(Signature or nark)
Appellant,
Signature and address of witness to mark.
Y5u are required to fill up a-nd sign the following:-
1. Nameshnd addresses of witnesses.
i. *ncthoi such witnesses have becn examincd at trial'
3. lf not,itatc the reason why they vcrc not so examined'
1'. o, rttuiiattctt ao you nith tfic* to be examined on the appeal?
Statc rhortly thc cviden6c you think thcy cao givc.
CRIMINAL FORM 25
IN THE COURT OF APPEAL OF SIFRRA LEONE
DTOTICE TO WITNESS TO ATTEND BEFORE AN EXAMINER
& (A
rule 60(il
The State vs.
Nemc ctc., of To.
witncss. of.......
wrnn*s on good'cau;;'Jd;;; i; ;i;'a;il i;"-ffi; bt*
ordered to be exaiined as a witness upon tho appealofthc-abov+
named, and your deposition to be takcn for the use of the said
Court:
(a) This is to give you notice that you are re.Cuired to atteod at
SpecifY
placc of cxa- tu\-... ......;..... 'on the'
r.riniatoo. iidy of 19....before (r)........:......
(b)Fill in
cxamincr'l
......at ..o'clock in
the nooo.
nao0c"
You are also required to have with you at the said time and
place an-y Lo.oks, pap'ers or other thingt irnder.your control or in
your possession in any manner relating to the said appeal which you
have had notice so to produce.
Elreothe..............day of .. '. 19....

Reglstrar of the Court

 53

CRIMINAI, FORLT 26
IN THE COURT OF APPEAL OF SIERRA LEONE
CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE
EXAMINER
Rule 6o(6)
The statc vr.
Jfe depositio-n (on-oalh) taken before- me tho underisgned, being an exami-
rerdulyappointed bythe Courtinthat behalf of. . . . . . . . .. . :.. ..'.

of.... ..witnesscs, examined 6;for;';;

:f::::::::::::i11::""i?bl il;ii" ;;;;;; ;i;il;td T,.::
tive)anctheRespondr;;(;;'di;';*od,'jt'#l,tlJn?l,1fr#:Hf i:i3ilYl
which said Appellant (or his Solicrtor oi Counsel) and Responaent tria fuii
opportunity of asking questions^of tle.said witness-es, to whom the deposition
tbllowing were read by me before being signed by them the said witnesses
rcspcctivcly.
The deposition of.
who (upon oath duly administercd by me) said as follows:-
Dlrpo ttds... ...day of.. 19. . . ....
Slgnature
Examiner.
CNMINAL FORM 27
IN THE COURT OF APPEAI, OF SIERRA LEONE
R,ECOGNISANCE OF APPELLANT*RESPONDENT FOR DUB
APPEARANCE BEFORE SUPREME COURT
Rulc 68 (2)
The State vr.
To lYit:
Be it rcmembcrcd that rhereas
rat
'(a) on the ..
ai'6tri.eed uiii;iil.; ,......day
t(D) on the...
9f,..........1........t9....acquittod/.
in respect-of the offence of....
thc term of...
.. .day of. .. . 19.. . .in substitution for
... ., ._.imprisonmsnt imposed upon
him by the... .....Court sontonced by thc Court
to pay the sum of Lc ..as a ffno.r/scn-
tencedto.... ......iorcspectof
thc otrenco .. .'. .'
"f.'..
54

Axo whereas the State (or other person aggneved) has givcn orel aotica
to the Couit i"t*ti"" io appeal to the Supreme Cogrt against thc judgmcot
of the C,ourt;"f
ANp rvhereas upon oral application by the State (of other person aSCncv4
the dourt hii re,iuired th6'saitl. ""'to
uii".-i-ri. u^n""od"iia""eJ-with. ..sureties each
sureties. for his tluo
;;hr';;;ofle."-.. iupiime bourt during..thb'/*without
iriiL""* tii"re the hearing of the said appeal and
at the finat determination of the appeal:

Now the said.. '

.doth hetcbY
himself to owe to the State the said sum of Le' , ' ' ' '
""toortedge . . . . . .of good and lawful money, to be made and
fe"ie.i ni" gooih anC chattels, landi and tenements, to t!e-u.sc of thc Statc,
"f thc conditioa
hcreon endorsed.
Taken and acknowledged this. . . .dayot
. . .19. .. . before the Court.
Signature of mark. , . ,
Appetlantt lResPondmt
Signature
* taken)
'*(Person beforc wbom

CONDITION
The condition of the within written Recognisance is such that the said
iriiri ,.,,i,"uv ;d;;;;A b; ;;dri;i;;d'[f"; ih; s.ip.^".; gil"t;q;h
l"-?"dJ*-frga.iod 6f thc above-hentioned appeal and at the final determination
;i:;;;ilJitreriana there abide by the judgment of-the Supremc Court and
at any such hearing w_rt\out the teavc
;H;il;;i-be absent from that eourt
:ilf;ie;fi, ara i, the meaatime not to.depart fro-m his usual place of abode
firn"'"i"riiffcition to that Gourt and payto the RegistrarofthatCourt
...... ...orsuchsumasthe
,i:"r'"ilr,,--off..
it;;ilJa;"rt or the Court_may order'/do sucfr act as thF-Supreme Court or
thc Court may oroer, then the itecogniiance shall be void, oihemise of full
force aad effect.
.Dclete vhere not aPPlicable.
r.Statc other.aon-custodial senteoce where applicable.
..'IodicEto omce.
 55

CRIMINAL FORM 28
IN THE COURT OF APPEAL OF SIERRA LEONE
RECOGNISANCE OF SURETIES OF APPELLANT'/RESPONDENT
FOR DUE APPEARANCE BEFORE SUPREME COURT
Rulc 68Q)
The stato ys.
To Wit
19.... .......oI.
personal-lv came before the court and severallv acknowiedsed- ihcmsclvos
to
owe to the State the several sums following that ir io *v, the-raia.l'.
...
......,....::.. .......thesu ofLe..........
anornesald... ...thesumofle.... ......
ei,hqr;;;d;;d';d;.,;ii?i,'d:X1et##,,-,:,"n"*,,'"%il:f;
State if.
if"*:I.i,,fl t
fail in the condition hed;;d;ril: "" 'now beforc the cor:rt
Taken and acknowled,ged before the court on the day and year frst
abovc-
mcntioned.
Signature or mork.
Suretles
Signature.
**(Person be/orc whom taken)

CONDTNON
, Thc condition of the within written Recognisanee is such that
-Whereas-
thcsaid. .... of
t(a) having been acquitted./discharged
by the Court in respect of tho
offence of. ..
{t(6) having been sentenced by the C,ourt to
PaYthe srrm sfL6.
.as a finer.r/having been sentonccd by
thcC,ourtto.... .......in substitu-

....Court;
And whereas the State (or person aggriered) has given oral notice to
thc court of intention to aplear9!hq
to tn:" s"preEFt il
the Court; &;rTtfro"juop*, or
And whereas on orar apprication by the state (or otherpersonaggricvod)
the
courthas requiredthe said. ......to
enter intoa Recognisance with. ...sureties in the
56

Sum of Lc. .... : if the said.

prc-
of. . . . . 'shall personally appcar and bc
;il ;i;;li 6df'.*ilIthd i'.36ffi; Cou.t at each and every-heagng of the abovc-
ttr. final determination there6f and thcn and thoro
i.iliri?'.ii
"#J
'"'uiili tv ifr"'i""ar-.*;i;ir; sup.-e-e cpurt and not depart or bc abseat froo
that Court at any sucn t iiii.g iltt theleave of that Court and in thc mean'
;ffi;;;,;a6;'r f-;i[' "i"al place ""t of g,bode without notificatioa to that
court the said sum of Lc.
afi**ffi ilit"ii;-ftgirt*iorttrat .

;a;;;; ; /d; ;*;h il ii ;tjHU: &'JTI:ff.".3#I# :hf,HL?*l

ili"g"iJu*i iUittUe void, otheiwise of full force and cfrcct.
tDelctc vhere not aPPlicablc.
..Iodicato ofice
...State othcr oon-custodial scntcoce wherc applicablc.

Madc this 9th MY of November, 1984.

Chairman
E. LIVESEY-LUKE
Chlcf Justice
Member
N. D. TEIAN-COLE
Dlrcctor of Public Prosecullons
Member
O. B. R. TEJAN
lwtice ol thc SuPremc Courl
Member
C. S. DAYIES
lusticc of the Court of APPeal
Member
D. E. M. WLLIAMS
ludgc of the High Court
Member
L.,. CHINERY-HESSE
Flrst P orli sment drY C ousel
Member
E. T. E. FEWRY, Esq.
Lcgal Practltioncr
Member
DR. W. S. MARCUS.JONES ..
Lcgal Practitloner

h$ITtD nY rru Govnxumrr Pnnrm:ro DlrAnrurNt, Smnr Lrors

GAZETTE No' 91 or 3lsr OcrosBn. 1985.