1964_RULES_OF_THE_SUPREME_COURT — Page 224

A 224

CAP. 4]

[Subsidiary]

The Rules of the Supreme Court-Order 61 [1988 Ed.

(2) Upon the said documents being left, the Registrar shall file one copy of the notice of appeal and cause the appeal to be set down in the list of appeals; and the appeal shall come on to be heard according to its order in that list unless the Court of Appeal or a single judge or the Registrar otherwise orders.

Application of Order 59 (O. 60A, r. 5)

5. Order 59, rules 9 and 10 shall, so far as applicable, apply to an appeal to which this Order applies.

(L.N. 356/88)

Duty of Registrar to notify tribunal of result (O. 60A, r. 6)

6. The Registrar shall notify the tribunal of the decision of the Court of Appeal on the appeal and of any direction given by the Court therein.

ORDER 61

APPEALS FROM TRIBUNALS TO COURT OF APPEAL

BY WAY OF CASE STATED

Statement of case by tribunals (O. 61, r. 2)

2. (1) Where any tribunal is empowered or may be required to state a case on a question of law for determination by the Court of Appeal, any party to the proceedings who is aggrieved by the tribunal's refusal to state a case may apply to the Court of Appeal or a single judge of that Court for an order requiring the tribunal to state a case.

(2) An application under this rule must be made by motion and the notice of the motion, stating in general terms the grounds of the application, together with the question of law on which it is desired that a case shall be stated and any reasons given by the tribunal for its refusal, must within 21 days after the refusal, be served on the clerk or registrar of the tribunal and on every other party to the proceedings before the tribunal.

(3) Within 2 days after service of the notice of motion, the applicant must lodge two copies of the notice with the Registrar who shall enter the motion in the list of appeals.

(4) Where a tribunal is ordered under this rule to state a case, the tribunal must, within such period as may be specified in the order, state a case stating the facts on which the decision of the tribunal was based and the decision, sign it and cause it to be sent by post to the applicant.

(4A) Where the decision of the tribunal in respect of which a case is stated states all the relevant facts found by the tribunal and indicates the questions of law to be decided by the Court of Appeal, a copy of the decision signed by the person who presided at the hearing shall be annexed to the case, and the facts so found and the question of law to be decided shall be sufficiently stated in the case by referring to the statement thereof in the decision.