Court of Appeal Act


Published: 1966

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Court of Appeal Act


1988 Revised Edition






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COURT OF APPEAL ACT

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COURT OF APPEAL ACT

Arrangement of Sections
Section
1 Short title..........................................................................................................5
2 Interpretation....................................................................................................5

PART I.-GENERAL PROVISIONS 6
3 Power to reserve questions of law for the opinion of the Court of

Appeal. .............................................................................................................6
4 President of Court of Appeal. ..........................................................................6
5 Precedence of members of Court of Appeal. ...................................................6
6 Number of members sitting. ............................................................................6
7 Sittings of the Court of Appeal. .......................................................................7
8 Registrar of the Court of Appeal......................................................................7
9 Rules of procedure. ..........................................................................................8

PART II.-CIVIL APPEALS 8
10 Right of appeal in civil cases. ..........................................................................8
11 Powers of Court in civil appeals. .....................................................................8
12 Conditions precedent to appeal. .......................................................................8
13 Discretionary power of Court of Appeal..........................................................9
14 Decisions..........................................................................................................9
15 Determination of appeals on written submissions. ..........................................9

PART III.-APPEALS IN CRIMINAL CASES 10
16 Right of appeal in criminal cases. ..................................................................10
17 Determination of appeals in ordinary cases. ..................................................10
18 Powers of Court in special cases....................................................................11

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19 Suspension of order for restoration or payment of compensation, or
expenses etc....................................................................................................12

20 Time for appealing. ........................................................................................12
21 Judge's notes and report to be furnished on appeal. .......................................13
22 Supplemental powers of Court of Appeal. .....................................................13
23 Right of appellant to be present......................................................................14
24 Determination of appeal without a sitting of the Court. .................................14
25 Costs of appeal. ..............................................................................................15
26 Admission of appellant to bail and custody when attending before

Court of Appeal. .............................................................................................15
27 Duties of Registrar with respect to notices of appeal etc. ..............................16
28 Powers which may be exercised by a judge of the Court of Appeal. .............17
29 Judgment in criminal appeals. ........................................................................17
30 Power of pardon. ............................................................................................18

PART IV.-TRANSITIONAL 18
31 Transitional. ...................................................................................................18
32 Commencement..............................................................................................19

Court of Appeal Act CAP. 9 Section 1




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COURT OF APPEAL ACT

Act No. 14 of 1966

AN ACT TO REGULATE APPEALS TO THE COURT OF APPEAL.

Commencement [1st July, 1990]

1 Short title.
This Act may be cited as the Court of Appeal Act.

2 Interpretation.
In this Act, unless the context otherwise requires,—

“appeal” includes a case stated;

“appellant” includes a person who has been convicted and desires to appeal
under this Act;

“Registrar” means the Registrar of the Court of Appeal;

“sentence” includes any order of the court made on conviction with reference to
the person convicted.

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PART I. — GENERAL PROVISIONS

3 Power to reserve questions of law for the opinion of the Court of
Appeal.
In addition, and without prejudice, to the right of appeal conferred by clause 91
of the Constitution a judge of the Supreme Court may reserve for consideration
by the Court of Appeal, on a case to be stated by him, any question of law which
may arise on the hearing of any cause or matter, and may give any judgment of
decision subject to the opinion of the Court of Appeal, which shall have power
to hear and determine every such question. The Registrar of the Court of Appeal
shall forthwith remit any such opinion to the Supreme Court and any further
proceedings in that Court shall be held or taken in accordance with that opinion.

4 President of Court of Appeal.
The Chief Justice shall be President of the Court of Appeal. In his absence, the
senior member of the Court of Appeal present at the hearing of any appeal, or
considering any appeal pursuant to section 15 of this Act, shall be Vice-
President and shall preside.

5 Precedence of members of Court of Appeal.
The seniority and procedure of the members of the Court of Appeal shall be as
follows—

(a) the Chief Justice;
(b) other members of the Court according to the respective dates of

their first obtaining either of the qualifications prescribed in the
proviso to clause 85 of the Constitution.

6 Number of members sitting.
(1) For the purpose of hearing and determining appeals in opening court the

Court of Appeal shall be summoned in accordance with directions given
by the Chief Justice, and, subject as otherwise sitting provided, the Court
of Appeal shall be duly constituted if it consists of not less than 3
members:

Provided that provision may be made by rules of court for the hearing and
determining of interlocutory applications and of specified cases by 2
members of the Court of Appeal:

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Further provided that, at a sitting of the Court of Appeal at which the only
matter before the Court is the delivering of judgments, the Court of
Appeal shall be duly constituted if it consists of at least one judge who
may be either a member of the Court of Appeal or a judge of the Supreme
Court.

(2) Any order contained in a judgment in any appeal or other proceeding read
in open court at the sitting of the Court at which judgment is delivered in
that appeal or other proceeding, shall, if concurred in by a majority of the
judges comprising the Court which determined the appeal and the
judgment or judgments in which such judges have expressed their
concurrence are so read at that sitting, be deemed to be the order of the
Court of Appeal and the appeal shall be deemed to have been duly
determined upon the reading of the judgment or judgments in open court
as aforesaid:

Provided that, notwithstanding the determination of an appeal under the
provisions of this subsection, the Court of Appeal shall have the
jurisdiction to hear and determine an application for any consequential or
ancillary order arising out of the order so pronounced.

(3) In all appeals and applications brought before the Court of appeal the
determination of any question shall be according to the opinion of the
majority. If, on the determination of an appeal or application, the Court of
Appeal is equally divided, the appeal or application, as the case may be,
shall be dismissed, and, in the case of a question of law reserved on a case
stated, the proceedings in the Supreme Court shall continue as if no such
question of law had been reserved and any judgment or decision given
subject to the opinion of the Court of Appeal may be enforced, and
proceedings had thereon, as if it were not so subject.

7 Sittings of the Court of Appeal.
The Court of Appeal shall sit on such days and at such time as the Chief Justice
may determine.

8 Registrar of the Court of Appeal.
The Registrar of the Supreme Court shall be Registrar of the Court of Appeal
and shall, subject to the directions of the Chief Justice, maintain and keep in his
custody the records of proceedings and such registers and other records as may
be requisite for the purposes of any appeals to the Court of Appeal.

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9 Rules of procedure.
(1) The Chief Justice may make rules of court for carrying this Act into effect

and for regulating generally the practice and procedure under this Act.

(2) Until other provision is made in that behalf, the fees of court payable in
respect of appeals under Part II of this Act shall be those prescribed in
respect of appeals to the King in Council immediately prior to the
commencement of this Act.

PART II. — CIVIL APPEALS

10 Right of appeal in civil cases.
(1) An appeal shall lie in any cause or matter other than a criminal proceeding

to the Court of Appeal from a judge of the Supreme Court sitting in first
instance in the following cases—
(a) from all final orders, judgments and decisions provided that no

appeal shall lie from an order made by consent or as to costs except
by special leave of the judge of first instance or of the Court of
Appeal;

(b) by special leave of the judge of first instance or of the Court of
Appeal but not otherwise, from all interlocutory orders, judgments
and decisions made in the course of any cause or matter.

(2) An appeal from any interlocutory order, judgment or decision may be
finally determined by 2 members of the Court of Appeal and shall be
determined in the manner, and according to the procedure, provided for in
section 15 of this Act.

11 Powers of Court in civil appeals.
For all the purposes of and incidental to the hearing and determination of any
appeal under this part of the Act and the amendment, execution and enforcement
of any order, judgment or decision made thereon, the Court of Appeal shall have
all the power, authority and jurisdiction of the Supreme Court.

12 Conditions precedent to appeal.
Subject to the provisions of the next section, the Court of Appeal shall not hear
any appeal brought under this part of this Act unless the appellant has fulfilled
all the conditions of appeal as prescribed by this part of this Act and any rules of
court regulating such appeals.

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13 Discretionary power of Court of Appeal.
Notwithstanding anything hereinbefore contained, the Court of Appeal may
entertain an appeal made under the provisions of this part of this Act on any
terms which it may think just.

14 Decisions.
(1) The judgment of the Court of Appeal or of any judge who is a member of

the Court which determines an appeal, shall be delivered in open court
either at the hearing of the appeal or at any subsequent time of which
notice shall be given by the Registrar to the parties to the appeal.

(2) The judgment of the Court of Appeal or of any such judge as aforesaid
may be read in open court by any judge, whether present at the hearing of
that appeal or not, or by a Judge of the Supreme Court or the Registrar.

15 Determination of appeals on written submissions.
(1) Notwithstanding anything contained in this Act, with the concurrence in

writing of the appellant and the respondent or their respective licensed
representatives, an appeal may be determined in the manner and according
to the procedure hereinafter in this section provided for.

(2) The appellant shall file with the Court and serve on the respondent written
arguments in support of his appeal. The respondent shall thereafter file
with the Court and serve on the appellant written arguments in opposition
to the appeal. The appellant may thereafter file with the Court and serve
on the respondent further written arguments in reply.

The time, manner and procedure for filing and serving written arguments
shall be prescribed by rules of Court.

(3) There shall be no oral hearing of the appeal and it shall not be necessary
for all or any of the members of the Court of Appeal to meet together to
determine the appeal.

Such of the members of the Court of Appeal as shall be nominated for the
purpose by the Chief Justice (not being less than 3) shall consider the
written arguments and each give his final determination the appeal in
writing, either in the form of a judgment or by concurring with one or
both of the judgments of the other members of the court. To enable the
members of the Court to reach their final determination of the appeal they
may enter into such communications each other as they may deem fit. As
soon as each member has reached his final determination in writing he
shall sign and date it and it shall thereupon become his final judgment.

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(4) The judgment of the majority of the members considering the appeal shall
be the judgment of the Court on that appeal.

(5) The Chief Justice may issue, and from time to time vary, general or
special directions governing the procedure to be adopted in carrying
subsection (3) of this section into effect.

(6) Notwithstanding anything contained in subsection (3) of this section, the
effective date of a judgment signed and dated in pursuance of that
subsection shall be the date upon which it is read in open court.

PART III. — APPEALS IN CRIMINAL CASES

16 Right of appeal in criminal cases.
A person convicted on a trial held before the Supreme Court may appeal under
this part of this Act to the Court of Appeal—

(a) against his conviction on any ground of appeal which involves a
question of law alone;

(b) with the leave of the Court of Appeal or upon the certificate of the
judge who tried him that it is a fit case for appeal, against his
conviction on any ground of appeal which involves a question of
fact alone, or a question of mixed law and fact, or on any other
ground which appears to the Court of Appeal to be a sufficient
ground of appeal; and

(c) with the leave of the Court of Appeal, against the sentence passed
on his conviction unless the sentence is one fixed by law.

17 Determination of appeals in ordinary cases.
(1) The Court of Appeal on any such appeal against conviction shall allow the

appeal if they think that the verdict should be set aside on the ground that
it is unreasonable or cannot be supported having regard to the evidence or
that the judgment of the court before whom the appellant was convicted
should be set aside on the ground of a wrong decision of any question of
law or that on any ground there was a miscarriage of justice, and in any
other case shall dismiss the appeal:

Provided that the Court of Appeal may, notwithstanding that they are of
opinion that the point raised in the appeal might be decided in favour of
the appellant, dismiss the appeal, if they consider that no substantial
miscarriage of justice has occurred.

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(2) Subject to the special provisions of this Act, the Court of Appeal shall, if
they allow an appeal against conviction, either quash the conviction and
direct a judgment and verdict of acquittal to be entered, or if the interests
of justice so require, order a new trial.

(3) On an appeal against sentence, the Court of Appeal shall, if they think that
a different sentence should have been passed, quash the sentence passed at
the trial and pass such other sentence warranted in law by the verdict
(whether more or less severe) in substitution therefor as they think ought
to have been passed, and in any other case shall dismiss the appeal.

18 Powers of Court in special cases.
(1) If it appears to the Court of Appeal that an appellant, though not properly

convicted on some count or part of the indictment, has been properly
convicted on some other count or part of the indictment, the Court may
either affirm the sentence passed on the appellant at the trial or pass
sentence in substitution therefor as they think proper and as may be
warranted in law by the verdict on the count or part of the indictment on
which the Court consider that the appellant has been properly convicted.

(2) Where an appellant has been convicted of an offence and the judge, or in
the case of a trial by jury, the jury could on the indictment have found him
guilty of some other offence, and on the findings of the judge or jury, as
the case may be, it appears to the Court of Appeal that the judge or jury
must have been satisfied of facts which proved him guilty of that other
offence, the Court may, instead of allowing or dismissing the appeal,
substitute for the verdict found by such judge or jury a verdict of guilty of
that other offence and pass such sentence in substitution for the sentence
passed at the trial as may be warranted in law for that other offence, not
being a sentence of great severity.

(3) Where on the conviction of the appellant the jury have found a special
verdict and the Court of Appeal consider that a wrong conclusion has been
arrived at by the court before which the appellant has been convicted on
the effect of that verdict, the Court of Appeal may, instead of allowing the
appeal, order such conclusion to be recorded as appears to the Court to be
in law required by the verdict and pass such sentence in substitution for
the sentence passed at the trial as may be warranted in law.

(4) If on any appeal it appears to the Court of Appeal that, although the
appellant was guilty of the act or omission charged against him, he was
insane at the time the act was done or omission made so as not to be
responsible according to law for his actions, the Court may quash the
conviction and the sentence passed at the trial end, in such case, the Court
shall order that the appellant be detained in safe custody pending the
decision of the Privy Council, and the resident of the Court shall forthwith

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report the decision of the Court to the Prime Minister who shall submit the
matter to the Privy Council for decision as to the place and mode of
detention of the appellant.

19 Suspension of order for restoration or payment of compensation, or
expenses etc.
(1) The operation of any order made on conviction by the judge before whom

the conviction takes place for the payment of compensation or of any of
the expenses of the prosecution or for the restoration of any property to
any person, and the operation of the provisions of any law re-vesting in
case of any such conviction in the original owner or his personal
representative the property in stolen goods, shall (unless the judge before
whom the conviction takes place directs to the contrary in any case in
which in his opinion the title to the property is not in dispute) be
suspended—
(a) in any case until the expiration of 60 days after the date of the

conviction; and
(b) in cases where notice of appeal or leave to appeal is given within 60

days after the date of conviction, until the determination of the
appeal;

and in cases where the operation of any such order or provisions is
suspended until the determination of the appeal, the order or provisions
shall not take effect as to the property in question if the conviction is
quashed on appeal.

(2) The Court of Appeal may by order annul or vary an order made in the trial
for the payment of compensation or of any of the expenses of the
prosecution or for the restitution of any property to any person, although
the conviction is not quashed and the order, if annulled, shall not take
effect and, if varied, shall take effect as so varied.

20 Time for appealing.
(1) When a person convicted desires to appeal under this part of the Act to the

Court of Appeal, or to obtain leave of that Court to appeal, he shall give
notice of appeal or notice of his application for leave to appeal, in such
manner as may be directed by rules of court, within 60 days of the date of
conviction. Except in the case of a conviction involving sentence of death,
the time within which notice of appeal or notice of an application for
leave of appeal may be given, may be extended at any time by the Court
of Appeal.

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(2) In the case of a conviction involving sentence of death or corporal
punishment—
(a) the sentence shall not in any case be executed until after the

expiration of the time within which notice of appeal or of an
application for leave to appeal may be granted under this section;
and

(b) if notice is so given, the sentence shall not be executed until after
the determination of the appeal or, in cases where an application for
leave to appeal is finally refused, of the application.

21 Judge's notes and report to be furnished on appeal.
The judge before whom a person is convicted, shall in the case of an appeal
under this part of the Act against the conviction or against the sentence, or in the
case of an application for leave to on appeal under this part of the Act, furnish to
the Registrar of the Court of Appeal, in accordance with rules of court, his notes
of the trial and shall also furnish to the Registrar in accordance with rules of
court a report giving his opinion upon the case or upon any point arising in the
case.

22 Supplemental powers of Court of Appeal.
In the exercise of their jurisdiction under this part of the Act, the Court of
Appeal may if they think it necessary or expedient in the interests of justice—

(a) order the production of any document, exhibit, or other thing
connected with the proceedings, the production of which appears to
them necessary for the determination of the case; and

(b) order any witnesses who would have been compellable witnesses at
the trial to attend and be examined before the Court of Appeal,
whether they were or were not called at the trial, or order the
examination of any such witnesses to be conducted in the manner
provided by rules of court, or in the absence of rules of court
making provision in that behalf, as they may direct, before any
judge of the Court or before the Registrar or any magistrate or other
person appointed by the Court for the purpose and allow the
admission of any depositions so taken as evidence before the Court;
and

(c) receive the evidence, if tendered, of any witness (including the
appellant) who is a competent but not compellable witness, and, if
the appellant makes an application for the purpose, of the husband
or wife of the appellant, in cases where the evidence of the husband
or wife could not have been given at the trial except on such
application; and

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(d) where any question arising in the appeal involves prolonged
examination of documents or accounts, or any scientific or local
investigation, which cannot in the opinion of the Court
conveniently be conducted before the Court, order the reference of
the question in the manner provided by rules of court for inquiry
and report to a special commissioner appointed by the Court, and
act upon the report of any such commissioner as far as they think fit
to adopt it; and

(e) appoint any person with special expert knowledge to act as assessor
to the Court in any case where it appears to the Court that such
special knowledge is required for the proper determination of the
case;
and exercise in relation to the proceedings of the Court any other
powers which may for the time being be exercised by the Court of
Appeal on appeals in civil matters and issue any warrants necessary
for enforcing the orders or sentences of the Court:
Provided that in no case shall any sentence be increased by reason
of or in consideration of any evidence that was not given at the trial.

23 Right of appellant to be present.
(1) An appellant, notwithstanding that he is in custody, shall be entitled to be

present on the hearing of his appeal, if he desires it and is not prevented
by sickness or other cause, except where the appeal is on some ground
involving a question of law alone, but, in that case and on an application
for leave to appeal and on any proceedings preliminary or incidental to an
appeal, shall not be entitled to be present, except where rules of court
provide that he shall have the right to be present or where the Court of
Appeal gives him leave to be present.

(2) The power of the Court of Appeal under this Act to pass any sentence,
may be exercised notwithstanding that the appellant is for any reason not
present.

24 Determination of appeal without a sitting of the Court.
(1)

(a) In the case of an appeal which appears to the Chief Justice to
involve a question of law alone and in respect of which appeal the
Chief Justice is of opinion that, because of delay that would
otherwise occur in determining the appeal, or for any other reason,
the appeal ought to be disposed of under the provisions of this
section; or

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(b) in the case of any appeal in respect of which the appellant himself
has specifically requested in writing addressed to the Registrar that
such appeal be determined without a hearing in open court under
the provisions of this section,

the provisions of section 15 of this Act apply to such appeal with such
modifications as may be necessary.

(2) Any rules of court made under section 15 and any directions issued by the
Chief Justice under that section, may make provision for the procedure in
respect of criminal appeals that are to be determined in the manner
provided for in this section.

25 Costs of appeal.
(1) On the hearing and determination of an appeal under this part of the Act

no costs shall be allowed to either side.

(2) The expenses of any witness attending on the order of the Court of Appeal
or examined in any proceedings incidental to the appeal, and of the
appearance of an appellant when in custody on the hearing of his appeal
or on any proceedings preliminary or incidental to the appeal, and all
expenses of and incidental to any examination of witnesses conducted by
any person appointed by the Court for the purpose, or any reference of a
question to a special commissioner by the Court, shall be defrayed out of
general revenues of the Kingdom up to an amount allowed by the Court
but subject to any provision as to rates and scales of payment prescribed
by regulations made by the King in Council.

26 Admission of appellant to bail and custody when attending before
Court of Appeal.
(1) An appellant who is not admitted to bail shall pending the determination

of his appeal be treated in like manner as a prisoner awaiting trial.

(2) The Court of Appeal may, if it sees fit, on the application of an appellant,
admit the appellant to bail pending the determination of his appeal.

(3) When an appellant under this part of the Act is admitted to bail under this
Act the time during which he is at large after being so admitted shall be
disregarded in computing the term of any sentence to which he is for the
time being subject.

(4) Subject as hereinafter provided, 6 weeks of the time during which any
appellant, when in custody, is treated as a prisoner awaiting trial in
pursuance of the provisions of sub-section (1) of this section, or the whole
of that time if it is less than 6 weeks, shall be disregarded in computing
the term of any such sentence as aforesaid:

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Provided that—
(a) the foregoing provisions of this subsection shall not apply where

leave to appeal is granted under this part of the Act or where any
such certificate as is mentioned in paragraph (b) of section 16 of
this Act has been given for the purpose of the appeal; and

(b) in any other case, the Court of Appeal may direct that no part of the
said time, or such part thereof as the court thinks fit (whether
shorter or longer than 6 weeks) shall be disregarded as aforesaid.

(5) Subject to the foregoing provisions of this section, the term of any
sentence passed by the Court of Appeal under this part of the Act in
substitution for a sentence passed on the appellant in the proceedings from
which the appeal is brought shall, unless the Court otherwise directs begin
to run from the time when it would have begun to run if passed in those
proceedings, and references in this section to any sentences to which an
appellant is for the time being subject shall be construed accordingly.

(6) The King in Council may make regulations, providing for the manner in
which an appellant, when in custody, is to be brought to place at which he
is entitled to be present for the purpose of any proceedings under this part
of the Act and for the manner in which he is to be kept in custody while
absent from prison for that purpose; and an appellant, whilst in custody in
accordance with regulations, shall be deemed to be in legal custody.

27 Duties of Registrar with respect to notices of appeal etc.
(1) The Registrar shall take all necessary steps for obtaining a hearing under

this part of the Act of any appeals for applications, notice of which is
given to him under this Act, and shall obtain and lay before the Court of
Appeal in proper form all documents exhibits and other things relating to
the proceedings in the court before which the appellant or applicant was
tried which appear necessary for the proper determination of the appeal or
application.

(2) If it appears to the Registrar that any notice of an appeal against a
conviction, purporting to be on a ground of appeal which involves a
question of law alone, does not show any substantial ground of appeal, the
Registrar may submit the appeal to the Justice who may, if he sees fit,
refer the appeal for summary determination to any 3 members of the Court
of Appeal of whom the Chief Justice himself may be one. Where the case
is so referred, the Court may, if all 3 members (being the members to
whom the appeal has been referred as aforesaid) consider that the appeal
is frivolous and vexatious and can be determined without a full hearing,
order that the appeal be summarily dismissed without holding a sitting of
the court, and without calling on any persons to attend a hearing thereof or
to appear thereon, and the appeal shall thereupon stand dismissed as from

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the date upon which the Chief Justice shall record such order upon the
proceedings. The Registrar shall forthwith cause the appellant to be
informed of such order.

(3) Any documents, exhibits, or other things connected with the proceedings
on the trial of any person before the Supreme Court who, if convicted, is
entitled, or may be entitled, to appeal under this part of the Act, shall be
kept in the custody of the Court of Appeal in accordance with rules of
court made for the purpose for such time as may be provided by the rules,
and subject to such power as may be given by the rules for the conditional
release of any such documents, exhibits, or things from that custody.

(4) The Registrar shall furnish the necessary forms and instructions in relation
to notices of appeal or notices of application under this part of the Act to
any person who demands the same, and to officers of courts, the Chief
Gaolers and such other officers or persons as he thinks fit and the Chief
Gaolers shall cause these forms and instructions to be placed at the
disposal of prisoners desiring to appeal or to make any application under
this part of the Act and shall cause any such notice given by a prisoner in
his custody to be forwarded on behalf of the prisoner to the Registrar.

28 Powers which may be exercised by a judge of the Court of Appeal.
The powers of the Court of Appeal under this part of the Act to give leave to
appeal, to extend the time within which notice of appeal or of an application for
leave to appeal may be given, to allow the appellant to be present at any
proceedings in cases where he is not entitled to be present without leave, and to
admit an appellant to bail, may be exercised by any judge of the Court in the
same manner as they may be exercised by the Court and subject to the same
provisions; but, if the judge refuses an application on the part of the Appellant to
exercise any such power in his favour, the appellant shall be entitled to have the
application determined by the Court as duly constituted for determining appeals
under this Act.

29 Judgment in criminal appeals.
(1) In an appeal under this part of the Act the Court of Judgment shall

ordinarily give only one judgment, which may be by the senior member
present at the hearing of the appeal or by such other member so present as
he may direct:

Provided that—
(a) if any member dissent from the decision of the Court it shall not be

obligatory on him to sign the same; and

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(b) separate opinions shall be given if the Court is of the opinion that it
is convenient that there should be separate opinions.

(2) The judgment of the Court or of any judge who is a member of the Court
which determines the appeal shall, except in the case of an appeal
disposed of under the provisions of section 27(2) of this Act, delivered in
open court either at the hearing of the appeal or at any subsequent time of
which notice shall be given by the Registrar to the parties to the appeal.

(3) The decision of the Court or of any such judge as aforesaid may be read in
open court by any member, whether present at the hearing of that appeal
or not, or by a Judge of the Supreme Court or the Registrar.

30 Power of pardon.
Nothing in this Act shall affect the power of the King to grant Pardon, but the
King, in considering the existence of such power with reference to the
conviction of a person by or in the Supreme Court, or to the sentence passed on a
person so convicted, whether or not the person convicted has petitioned in that
behalf, may, if he thinks fit, at any time either—

(a) refer the whole case to the Court of Appeal and the case shall then
be heard and determined by the Court of Appeal as in the case of an
appeal by the person convicted; or

(b) if he desires the assistance of the Court of Appeal on any point
arising in the case, refer that point to the Court of Appeal for their
opinion thereon, and the Court shall consider the point so referred
and furnish the King with their opinion thereon accordingly.

PART IV.-TRANSITIONAL

31 Transitional.
(1) The Court of Appeal shall have exclusive power and jurisdiction to hear

and determine any appeal from the Supreme Court by way of petition to
the King in Council brought under the Supreme Court Act and not finally
determined upon the date upon which the Constitution (Court of Appeal
Amendment) Act, 1966 comes into force.

(2) Unless and until provision is made to the contrary by rules of court
specifically made applicable to appeals to the King in Council which are
to be determined by the Court of Appeal pursuant to subsection one of this
section, the rules of procedure to be observed in respect of such appeals
shall be those applicable thereto immediately prior to the date specified in
subsection one hereof and references in such rules to the Court of Appeal

Court of Appeal Act CAP. 9 Section 32




1988 Revised Edition
to

Page 19



and to the Clerk of the Court of Appeal shall be deemed to be references
to the Court of Appeal established under Clause 84 of the Constitution and
to the Registrar respectively.

(3) For all purposes of and incidental to the hearing and determination of any
such appeal and the amendment, execution and enforcement of any order,
judgment or decision made thereon, the Court of Appeal shall have all the
powers, authority and jurisdiction which it has in respect of an appeal
brought under Part II of this Act.

32 Commencement.
This Act shall come into operation on such date as the King may by
proclamation appoint.

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