1988 Ed.] The Rules of the Supreme Court Order 55
[CAP. 4
A 209
[Subsidiary]
ORDER 55
APPEALS TO THE HIGH COURT FROM COURT, TRIBUNAL OR PERSON:
Application (O. 55, r. 1)
GENERAL
1. (1) Subject to paragraphs (2), (3) and (4), this Order shall apply to every appeal which by or under any enactment lies to the High Court from any court, tribunal or person.
(2) This Order shall not apply to-
(a) an appeal by case stated, of
(b) an appeal under the Magistrates Ordinance.
(4) The following rules of this Order shall, in relation to an appeal to which this Order applies, have effect subject to any provision made in relation to that appeal by any other provision of these rules or by or under any enactment.
(5) In this Order references to a Tribunal shall be construed as references to any Tribunal constituted by or under any enactment other than any of the ordinary courts of law.
Court to hear appeal (O. 55, r. 2)
2. Except where it is otherwise provided by these rules or by or under any enactment, an appeal to which this Order applies shall be heard and determined--
(a) where the decision of the High Court on the appeal is final, by the Court of Appeal; and
(b) in any other case, by a single judge.
Bringing of appeal (O. 55, r. 3)
3. (1) An appeal to which this Order applies shall be by way of rehearing and must be brought by originating motion.
(2) Every notice of the motion by which such an appeal is brought must state the grounds of the appeal and, if the appeal is against a judgment, order or other decision of a court, must state whether the appeal is against the whole or a part of that decision and, if against a part only, must specify the part.
(3) The bringing of such an appeal shall not operate as a stay of proceedings on the judgment, determination or other decision against which the appeal is brought unless the Court by which the appeal is to be heard or the court, tribunal or person by which or by whom the decision was given so orders.
Service of notice of motion and entry of appeal (O. 55, r. 4)
4. (1) The persons to be served with notice of the motion by which an appeal to which this Order applies is brought are the following-
(Cap. 227)