Tsamaiso le go Diragadiwa ga Molao (AoJ)
Appeals from Magistrates’ Court

If you are not satisfied with a judgment of a Magistrate, you may within 14 days after sentence, lodge a notice of appeal with the clerk of the magistrate court with a copy to the Registrar. Thereafter prepare Grounds of Appeal and send them to the Registrar with a copy to clerk of the Magistrate’s Court. On receipt of the notice of appeal the Clerk of Court will after payment of the prescribed fees prepare the record of your case and send 4 copies of the record to the Registrar within four months after receiving the notice of appeal in respect of civil cases. The clerk will send the original notice of appeal in a criminal case to the Registrar within 10 working days of receipt thereof. Parties will thereafter receive their copies of the record of appeal from the Registrar.

Appeals to the Court of Appeal

The Court of Appeal hears appeals from the High Court on any decision which involves the interpretation of the constitution, issues of Human rights and others. It also hears appeals directly from Industrial Courts. Appealing to the Court of appeal starts with a notice of appeal which must be sent to the Registrar of the High Court with a copy to the Registrar of the Court of Appeal. The notices must reach the Registrar within 6 weeks of the date of Judgment, Sentence or Order appeal against.  If it is an appeal against a death sentence, the notice must be delivered to the person in charge of the Prison, where the appellant is kept within 14 days after the sentence was passed.

Appeals to the Court of Appeal are “as of right” and “with leave” from the court itself or from the High Court. Appeals “as of right” are automatic and appeals “with leave” require permission from either the High Court or Court of Appeal. In criminal cases appeals originating from the High Court can be made straight to the Court of Appeal.  However, in some cases you need special permission from the High Court to appeal i.e. leave to appeal to the Court of Appeal.  If the High Court refuses to allow you leave to appeal, you can apply to the Court of Appeal for leave to appeal.

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