Order 23 Court Of Appeal Rules 2021

Order 23 of the Court of Appeal Rules 2021 is about Judgment. It contains the following rules:

Order 23 Rule 1 Court of Appeal Rules 2021 – Delivery of Judgment

The judgment of the Court shall be pronounced in open court or at a virtual hearing either on the hearing of the appeal or at any subsequent time, prior to which notice shall be given by the Registrar to the parties to the appeal.

Order 23 Rule 2 Court of Appeal Rules 2021 – Notice to Counsel of Reserved Judgment

Whenever a reserved judgment is to be given and the Counsel concerned are duly notified, the presence of such Counsel or their juniors is required in Court when judgment is being delivered. Failure to observe this will be regarded as an act of disrespect to the Court.

Order 23 Rule 3 Court of Appeal Rules 2021 – Enrolment of Judgment

(1) Every judgment of the Court shall be embodied in an Order.

(2) A sealed or certified copy of the Order shall be sent by the Registrar to the lower court.

(3) Interlocutory order shall be prepared in like manner.

Order 23 Rule 4 Court of Appeal Rules 2021 – Review of Judgment

The Court shall not review any judgment once given and delivered by it, save to correct any clerical mistake or some error arising from any accidental slip or omission, or to vary the judgment or order so as to give effect to its meaning or intention. A judgment or order shall not be varied when it correctly represents what the Court decided nor shall the operative substantive part of it be varied and a different form substituted.

Order 23 Rule 5 Court of Appeal Rules 2021 – Enforcement of Judgment

Any judgment given by the Court may be enforced by the Court or by other court, which has been seized of the matter, as the Court may direct.

Order 23 Rule 6 Court of Appeal Rules 2021 – Execution of Judgment by Lower Court

When the Court directs any judgment to be enforced by another court a certificate under the seal of the Court and the hand of the Presiding Justice setting forth the judgment shall be transmitted by the Registrar to such other court, and the latter shall enforce such judgment in terms of the certificate.

Order 23 Rule 7 Court of Appeal Rules 2021 – Cost

Where the costs of an appeal are allowed, they may either be fixed by the Court at the time when the judgment is given or may be ordered to be taxed.

Order 23 Rule 8 Court of Appeal Rules 2021 – Notification of Judgment

(1) The Registrar, at the final determination of an appeal shall notify the Registrar of the lower court, in such manner as he thinks most convenient, the decision of the Court in 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 lower court shall, on receiving the notification referred to in this Rule, enter the particulars thereof on the records of such Court.

Order 23 Rule 9 Court of Appeal Rules 2021 – Final disposal of Exhibits, Documents, etc.

Upon the final determination of an appeal for the purposes of which the Registrar has obtained, from the Registrar of the lower court any original depositions, exhibits, information, inquisition, plea or other documents usually kept by the said Registrar, or forming part of the record of the lower court, the Registrar, shall, where practicable, cause the same to be returned to the Registrar of the lower court.

Order 23 Rule 10 Court of Appeal Rules 2021 – Interlocutory Judgment not to prejudice Appeal

No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision upon the appeal as may seem just.

Order 23 Rule 11 Court of Appeal Rules 2021 – Power of Court to give any Judgment or Order

(1) The Court shall have power to give any judgment or make any order that ought to have been made, and to make such further order(s) as the case may require including any order as to costs.

(2) The powers contained in sub-rule(1) of this Rule may be exercised by the Court, notwithstanding that the Appellant may have asked that part only of a decision may be reversed or varied, and may also be exercised in favour of all or any of the Respondents or parties, although such Respondents or parties may not have appealed from or complained of the decision.