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1.

Introduction

The work covers various procedures of appeals, where by meaning appeal 1 means to request a
higher court to review a case that has been decided by a lower court and render a new decision,
either a reversal or a new trial. The work covers appeals from primary court to district court,
appeals from district court or Resident Magistrate’s Court to the High court as well as appeals
from high court to the court of appeal. These procedures have been further elaborated below.

2.Appeals from the Primary Court to the District Court.

a. Filing a petition of appeal in the District Court.

The law requires every appeal from primary court to District Court must be by way of petition
and shall be filed in the district court 2.form and content of the petition shall state precisely and
under distinct heads numbered consecutively the grounds of objection to the decision or order
appealed against and shall be signed by the appellant or his agent3.

Time limitation.

It is mandatory for the appeal to District Court to be filed in the district court within thirty days
after the date of the decision or order against which the appeal is brought 4. Extension of time by
the District Court within which to file an Appeal, the district court may extend the time for filing
an appeal either before or after such period has expired5;

Documents required

Petition of appeal as per Section 20(3) of the Magistrate Court Act. Only one document is
required.

Appeal out of time.

1
The Essential Law Dictionary.
2
The Magistrates’ Courts Act [CAP.11 R.E.2019], Section 20(3).
3
The Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, G.N.No.312 of 1964, Rule 4(1).
4
Supra note 1.
5
The Magistrates’ Courts Act [CAP.11 R.E.2019], Section 20(4)(a).
When a person is rate to lodge or file an appeal out of time, he or she is required to make an
application for the extension of time. The law empowers the district court to extent time to file an
appeal6.

Documents required in making the application for the extension of time are Chamber summons
supported by an Affidavit and the statement of ground of appeal (the statement of ground of
appeal is the requirement from the Civil Procedure (Appeals in Proceedings Originating in
Primary Courts) Rules, G.N.No.312 of 1964.

2.1APPEALS FROM THE DISTRICT COURT/THE RESIDENT MAGISTRATE’S COURT


TO THE HIGH COURT.

2.2When the District Court was Exercising Appellate Jurisdiction.

Under this part of appeals the law applicable are the Magistrates’ Courts Act [CAP.11 R.E.2019],
and the Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules,
G.N.No.312 of 1964.

a) Filing notice of appeal,

under this procedure the appeal has to be made by way of petition and has to be brought in the
district or resident magistrate court where the decision was made.it is the requirement of the law
that every appeal to the high court shall be by way of petition and shall be filed in the district
from the decision or order in respect of which the appeal is brought7.

Form and content of the petition; the petition shall set out precisely and under distinct heads
numbered consecutively the grounds of objection to the decision or order appealed against and
shall be signed by the appellant or his agent 8. it is very important for the Petition of Appeal to
indicate prayers of the Appellant this requirement was stated in the case of Zacharia Milalo v
Onesmo Mboma9.

b) Preparation of record;

6
Idem
7
The Magistrates’ Courts Act [CAP.11 R.E.2019], Section 25(3).
8
The Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, G.N.No.312 of 1964, Rule 4(1).
9
(1983) TLR 240.
When a petition of appeal to a district court is filed in that court shall be endorsed with the date
of filing and be numbered and entered in a register to be kept for that purpose, when a district
court permit an appellant to state the grounds of his appeal orally and record them, the record
shall be similarly be dated and be sent to high court10.

Time Limit

The limitation of time is 30 days after the day was made, as the law specify that any party if
aggrieved by the decision of the district court in the exercise of its appellate jurisdiction may
within thirty (30) days after the date of the decision, appeal there from to the High Court 11.

Documents required.

Only petition of appeal is required

Extension of time within which to file an appeal by the High Court.

The high Court may extend the time for filing an appeal either before or after such period of
thirty days has expired12.In case the time for filing the appeal has expired, the appellant may
make the applications for leave to appeal out of time13.

Documents required in application for the extension of time for appeal are chamber summons
supported by an affidavit.

2.2.1 WHEN THE DISTRICT COURT/THE RESIDENT MAGISTRATE’S COURT WAS


EXERCISING ORIGINAL JURISDICTION.

The governing law under this area are Magistrates’ Court Act Cap.11, the Civil Procedure Code
Cap.33 and the Law of Limitation Act, Cap.89.

Procedures.

i) Filing a Notice of Appeal

The party wishing to appeal must file a Notice of appeal with the District Court or Resident
Magistrate’s Court within a specified timeframe, usually within a prescribed number of days
10
The Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, G.N.No.312 of 1964, Rule 5.
11
Ibid Section 25(1)(b).
12
Idem
13
The Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, G.N.No.312 of 1964, Rule 3.
from the date of the judgment or order. The notice of appeal typically includes information such
as the names of the parties, the case number, date of the decision being appealed, and the grounds
for appeal.

ii) Preparation of record

After receiving the notice of appeal, the district or magistrate court has to prepare the record of
appeal and bring the record to the high court.

iii) Filing memorandum of appeal

Appeal has to be in form of memorandum has to be signed by the appellant or his advocate and
presented to the high court or to the officer who is appointed by the High Court and the
memorandum must be accompanied by a copy of the decree appealed from 14.The memorandum
shall set out the grounds of objection to the decree appealed from without argument or narration
and the grounds shall be numbered consecutively.

Time limit

The law of Limitation Act provides the limitation of time upon which the appeal has to be filed
from the date of decision made by district court or resident magistrate court that is required to be
within ninety days. The Act15 stipulates that an appeal under the civil procedure code where the
period of limitation is not otherwise provided for by any other written law will be ninety days.
Every proceeding described in the first column of the schedule to this Act and which is instituted
after the period of limitation prescribed therefore opposite thereto in the second column, shall be
dismissed whether or not limitation has been set up as defence16.

iv) High court proceedings;

Once the case reaches the high court, it proceeds as a fresh hearing, allowing both parties to
present their arguments and evidence. The High Court has the authority to review the decision
made by the District Court or Resident magistrates’ Court and may uphold, reverse, or modify it
based on its own judgement.

Documents for Appeal.


14
Civil Procedure Code [CAP.33 R.E.2019], Order XXXIX Rule 1.
15
The Law of Limitation Act [CAP.89 R.E 2019], Item 1 of Part II of the Schedule.
16
Ibid Section 3(1).
Petition of appeal, the memorandum attached with certified copy of judgment and decree are
documents which are necessary under this appeal.

2.2.2 THE APPELLATE JURISDICTION OF THE RESIDENT MAGISTRATE’S COURT.

Section 45 of the Magistrates’ Courts Act, empowers a resident Magistrate vested with extended
jurisdiction to determine appeals which are ordinarily heard by the high court; and the high court
may transfer any such appeal to that court17.

In the case of Siodi Mindeu v. Kolombo Sotaite and Another [2000] TLR 141.It was held that
Resident Magistrate with extended jurisdiction is empowered to hear appeals only; not
applications18.

3. APPEALS FROM THE HIGH COURT TO THE COURT OF APPEAL

The Governing Laws under this are; The Appellate Jurisdiction Act, [CAP.141 R.E.2019], The
Court of Appeal Rules,2009, [GN.No.368 of 2009 as amended by G.Ns.Nos.36 of 2010,362 of
2017, &344 of 2019].

3.1 WHEN THE HIGH COURT WAS EXERCISING APPELLATE JURISDICTION

a) Filing of Notice of Appeal.

Any person who desires to appeal to the court shall lodge a written notice in duplicate with the
Registrar of the High Court19.the notice shall state whether it is intended to appeal against the
whole or party only of the decision and where it is intended to appeal against part only of the
decision, shall specify the part complained of, shall state the address for service of the appellant
and shall state the names and addresses of all persons intended to be served with copies of the
notice20.

b) Application for Leave to Appeal.

17
The Magistrates’ Courts Act [CAP.11 R.E.2019], Section 45.
18
Siodi Mindeu v. Kolombo Sotaite and Another [2000] TLR 141.
19
The Court of Appeal Rules,2009, [GN.No.368 of 2009], Rule 83(1).
20
Ibid Rule 83(3).
Where an appeal lies with the leave of the High Court, application for leave may be made
informally, when the decision against which it is desired to appeal is given, or by chamber
summons according to the practice of the High Court, within thirty days of the decision21.

Grounds in Application for Leave to Appeal in the case of Mohamed Abdalla Khamis v. Pandu
Haji Khamis [2008] TLR 448 at page 450 Court of appeal held that the general principles which
have emerged are that leave to appeal would be granted where the grounds of appeal raise issues
of general importance or a novel point of law or where the grounds show a prima facie or
arguable appeal. It may be also grantable where the proceedings as a whole reveal such
disturbing features as to require the guidance of the Court of Appeal22.

Time limitation in applications for leave; it is within thirty (30) days of the decision 23.

Re-application for leave to Appeal to Court of Appeal when the High Court refuses to grant;

where an appeal lies with the leave of the Court, application for leave shall be made in the
manner prescribed in rules 49 and 50 and within fourteen days of the decision against which it is
desired to appeal or, where the application for leave to appeal has been made to the High Court
and refused, within fourteen days of that refusal24;every application to the court shall be by
notice of motion supported by affidavit and shall cite the specific rule under which it is brought
and state the ground for the relief sought25.

c)Filing memorandum of appeal

an appeal shall be instituted by lodging in the appropriate registry, within sixty days of the date
when the notice of appeal was lodged with - (a) a memorandum of appeal in quintuplicate; (b)
the record of appeal in quintuplicate; (c) security for the costs of the appeal 26. Content of
Memorandum of Appeal (1) A memorandum of appeal shall set forth concisely … the grounds of
objection to the decision appealed against, specifying the points which are alleged to have been

21
Ibid Rule 45(a).
22
Mohamed Abdalla Khamis v. Pandu Haji Khamis [2008] TLR 448 at page 450.
23
The Court of Appeal Rules,2009, [GN.No.368 of 2009], Rule 45(a).
24
Ibid Rule 45(b)
25
Ibid Rule 48(1).
26
Ibid Rule 90(1).
wrongly decided, and the nature of the order which it is proposed to ask the Court to make. (2)
The grounds of objection shall be numbered consecutively27.

Documents required.

3.2. When the Suit Originated from the Primary Court

A. Filing notice of appeal

Any person who desires to appeal to the court shall lodge a written notice in duplicate with the
Registrar of the High Court28.the notice shall state whether it is intended to appeal against the
whole or party only of the decision and where it is intended to appeal against part only of the
decision, shall specify the part complained of, shall state the address for service of the appellant
and shall state the names and addresses of all persons intended to be served with copies of the
notice

B. Application for Leave to appeal

Where an appeal lies with the leave of the High Court, application for leave may be made
informally, when the decision against which it is desired to appeal is given, or by chamber
summons according to the practice of the High Court, within fourteen days of the decision

C. Record of appeal

This duty of recording has to be done by the high court then such record has to be sent to the
court of appeal.

D. Filing memorandum of appeal

Rule 90 (1) of the Court of Appeal Rules, an appeal shall be instituted by lodging in the
appropriate registry, within sixty days of the date when the notice of appeal was lodged with - (a)
a memorandum of appeal in quintuplicate; (b) the record of appeal in quintuplicate; (c) security
for the costs of the appeal29,

27
Ibid Rule 93 (1), (2) & (3).
28
The Court of Appeal Rules,2009, [GN.No.368 of 2009], Rule 83(1).
29
Ibid Rule 90(1).
Time limit; notice of appeal has to be within 30 days, application for leave must be within 14
days and memorandum of appeal has to be filed within 60 days after the leave has been granted.

Documents required; notice of appeal, application for leave to appeal, and memorandum of
appeal.

3.2.1 When the Suit Originated from the District Court/the Resident Magistrate’s Court

i)Filing notice of appeal

Appeal is initiated by lodging a notice of appeal which is the prescribed form under the court of
appeal rules Form D30.the notice of appeal should be filed within 30 days from the date of the
decision of the High Court

ii)Record of appeal

This duty of recording has to be done by the high court then such record has to be sent to the
court of appeal.

iii)Filing memorandum of appeal

Rule 90 (1) of the Court of Appeal Rules, an appeal shall be instituted by lodging in the
appropriate registry, within sixty days of the date when the notice of appeal was lodged with - (a)
a memorandum of appeal in quintuplicate; (b) the record of appeal in quintuplicate; (c) security
for the costs of the appeal.

3.2 When the High Court was Exercising Original Jurisdiction

The governing laws here are Appellate Jurisdiction Act and the Court of Appeal Rules.

Procedures.

a) Filing Notice of Appeal

Appeal is initiated by lodging a notice of appeal which is the prescribed form under the court of
appeal rules Form D31.the notice of appeal should be filed within 30 days from the date of the
decision of the High Court.

30
The Court of Appeal Rules,2009, [GN.No.368 of 2009], Rule 83.
31
Idem.
b) Writing a formal letter to the Registrar of the High Court

The formal letter requiring the certified copies of judgment, decree and proceedings. This letter
is sent to the Registrar of the High Court after that you have 60 days to file the memorandum of
appeal.

c)Filing memorandum of appeal of Appeal rules provide for the memorandum of appeal. Form F
in the First schedule of the Court of Appeal rules provides for samples of the memorandum of
appeal. The memorandum of appeal must be accompanied by the records of appeal contain the
judgment, decree, proceedings and all documents which are in the court file.

d)Filing Authorities

Both parties are required to file list of authorities not less than 40 days before hearing.
Authorities means case laws or any other authorities you want to use even reported cases or
journals.

Appeal to the court of appeal out of time; if you are rate to file an appeal you may file an
application for the extension of time to the high court or court of appeal showing good cause on
why you delayed. Section 11 of the Appellant Jurisdiction Act, if the High Court did not grant
extension of time you may apply to the court of appeal for the extension of time by filling the
Notice of motion supported by an affidavit32.

Conclusion; it is crucial to adhere to the prescribed procedures when filing an appeal, as failure
to do so can have serious consequences. The court may reject the appeal or strike it out due to
non-compliance with the procedural requirements. Therefore, it is essential for the parties
involved to carefully follow the relevant rules and guidelines to ensure a smooth and fair appeal
process.

32
The Appellate Jurisdiction Act, [CAP.141 R.E.2019], Section 11.

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