PRACTICE DIRECTION (REVIEW BY THE FULL BENCH OF COURT OF APPEAL) [1973] 2 GLR 39
15 May 1973 · ≈ 3 min read
[1973] SLR (CA) 28Other citation styles and permanent link
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PRACTICE DIRECTION (REVIEW BY THE FULL BENCH OF COURT
OF APPEAL)
[1973] 2 GLR 39
REVIEW BY THE FULL BENCH OF COURT OF APPEAL
Practice and Procedure–– Appeal––Full Bench of Court of Appeal, to––Application for review––Directions on procedure.
HEADNOTE
His Lordship the Chief Justice in consultation with his brother Justices of Appeal, has directed that the attention of all legal practitioners be drawn to the jurisdiction conferred on the Court of Appeal by section 3 (2) of the Courts (Amendment) Decree, 1972 (N.R.C.D. 101).
This section confers on the Full Bench of the Court of Appeal, jurisdiction to review and determine decisions of the Court of Appeal:
(a) on a question of law; and
(b) where there has been a miscarriage of justice.
Where an application is made under (a), it is important that details of the law applicable should be given. Counsel concerned should state in full the law as they see it, and specify in what respects they believe that the law has been misapplied. In an application under (b), there ought to have been circumstances which clearly reveal that the dictates or real justice have been ignored. For example, if there is a disregard of some fundamental principle of justice, or if the judgment of which the review is sought was given per incuriam. In this latter case it will not be enough just to state that the court has been careless over certain matters. Counsel
[p.40] of [1973] 2 GLR 39
must specify precisely in which respects the carelessness is evident. It should be clearly noted that this jurisdiction is for a review and determination, and not an appeal.
All applications for review will first be considered by the Justices of Appeal in chambers; and it is only if they decide that the case is worth going on with that the application for review will be listed for hearing. Otherwise the application will not be considered in open court at all. It is therefore very important that practitioners in this court should set out their cases in full, citing all relevant authorities. They should then supply eight copies of the case concerned to the registrar of the Court of Appeal.
Any failure to set out a full case in this manner will result in inadequate consideration being given to the application in chambers, and no complaints will be entertained on a rejection consequent upon such action. Practitioners are requested to note that every application for review must be made in eight copies. These must be accompanied by eight copies of the judgment of which a review is sought; and if the judgment of the Appeal Court reversed the judgment of the court below, then eight copies of the judgment of the court below should also be added.
Failure either to note or comply with any of the above directives will be dealt with in a manner deemed appropriate by the court, and fitting sanctions imposed.
JUDICIAL CIR. No. 3/73.
15 May 1973 (Sgd.) S. S. OKUNOR DECISION Judicial Secretary S.Y.B.B.
