1988 Ed.] The Rules of the Supreme Court Order 59
Evidence on appeal (O. 59, r. 12)
[CAP. 4
A 219
12. Where any question of fact is involved in an appeal, the evidence taken in the court below bearing on the question shall, subject to any direction of the Court of Appeal, or a single judge or the Registrar, be brought before that Court as follows---
(a) in the case of evidence taken by affidavit, by the production of a true copy of such affidavit;
(b) in the case of evidence given orally, by a copy of so much of the transcript of the official shorthand note as is relevant or by a copy of the judge's note, where he has intimated that in the event of an appeal his note will be sufficient, or by such other means as the Court of Appeal, or a single judge or the Registrar, may direct.
Non-disclosure of payment into court (O. 59, r. 12A)
12A. (1) Where
(a) any question on an appeal in an action for a debt, damages or salvage relates to liability for the debt, damages or salvage or to the amount thereof, and
(b) money was paid into court under Order 22, rule 1, in the proceedings in the court below before judgment,
neither the fact of the payment nor the amount thereof shall be stated in the notice of appeal or the respondent's notice or in any supplementary notice or be communicated to the Court of Appeal until all such questions have been decided. This rule shall not apply in the case of an appeal as to costs only or an appeal in an action to which a defence of tender before action was pleaded.
(2) For the purpose of complying with this rule the appellant must cause to be omitted from the copies of the documents lodged by him under rule 9(d) and (f) every part thereof which states that money was paid into court in the proceedings in that court before judgment.
Stay of execution, etc. (O. 59, r. 13)
13. (1) Except so far as the court below or the Court of Appeal or a single judge may otherwise direct-
(a) an appeal shall not operate as a stay of execution or of proceedings under the decision of the court below;
(b) no intermediate act or proceeding shall be invalidated by an appeal.
(2) On an appeal from the High Court, interest for such time as execution has been delayed by the appeal shall be allowed unless the Court otherwise orders.
Applications to the Court of Appeal (O. 59, r. 14)
14. (1) Unless otherwise directed, every application to the Court of Appeal, a single judge or the Registrar which is not made
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court Order 59
Evidence on appeal (O. 59, r. 12)
[CAP. 4
A 219
12. Where any question of fact is involved in an appeal, the evidence taken in the court below bearing on the question shall, subject to any direction of the Court of Appeal, or a single judge or the Registrar, be brought before that Court as follows---
(a) in the case of evidence taken by affidavit, by the production
of a true copy of such affidavit;
(b) in the case of evidence given orally, by a copy of so much of the transcript of the official shorthand note as is relevant or by a copy of the judge's note, where he has intimated that in the event of an appeal his note will be sufficient, or by such other means as the Court of Appeal, or a single judge or the Registrar, may direct.
Non-disclosure of payment into court (O. 59, r. 12A)
12A. (1) Where
(a) any question on an appeal in an action for a debt, damages or salvage relates to liability for the debt, damages or salvage or to the amount thereof, and
(b) money was paid into court under Order 22, rule 1, in the
proceedings in the court below before judgment,
neither the fact of the payment nor the amount thereof shall be stated in the notice of appeal or the respondent's notice or in any supplementary notice or be communicated to the Court of Appeal until all such questions have been decided. This rule shall not apply in the case of an appeal as to costs only or an appeal in an action to which a defence of tender before action was pleaded.
(2) For the purpose of complying with this rule the appellant must cause to be omitted from the copies of the documents lodged by him under rule 9(d) and (f) every part thereof which states that money was paid into court in the proceedings in that court before judgment.
Stay of execution, etc. (O. 59, r. 13)
13. (1) Except so far as the court below or the Court of Appeal or a single judge may otherwise direct-
(a) an appeal shall not operate as a stay of execution or of
proceedings under the decision of the court below;
(b) no intermediate act or proceeding shall be invalidated by
an appeal.
(2) On an appeal from the High Court, interest for such time as execution has been delayed by the appeal shall be allowed unless the Court otherwise orders.
Applications to the Court of Appeal (O. 59, r. 14)
14. (1) Unless otherwise directed, every application to the Court of Appeal, a single judge or the Registrar which is not made
[Subsidiary]
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