Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698067733299.pdf (Guyana)
90 West Ind:ian CO'urt of Appe,al Rules, 1945.

13.

The West Indian Court of Appeal Rules, 1945.

RULES MADE UNDER SECTION 5 OF THE WEST INDIAN COURT OF APPEAL AcT, 1919.

(9 AND 10 GEo.

5, c.

47.)

Short title.

1.These Rules may be cited as the West Indian Court of Appeal Rules, 1945.

Interpre• tation.

2.In these Rules, unless the context otherwise requires- " the Act " means the West Indian Court of Appeal Act 1919 (9 and 10 Geo.
5, c. 47); "appellant and includes " means the party appealing his solicitor; from a judgment "Colony" means the colony " Court of Appeal " Court " means the Supreme Court in the Colony and in which the appeal " means the West Indian Court of Appeal; arose; includes a Judge thereof; includes "judgment" of the Court; decree, order, sentence or decision " month " means calendar month; " party " means any party to the appeal and includes his solicitor; " Principal Registrar " means the Registrar of the Supreme Court in the Colony of Trinidad and Tobago; "record" means the aggregate the pleadings, or a transcript therefor appeal (including notes of evidence the decision laid before or reasons of papers relating to an affidavits, relevant of the evidence, and judgments) Judge's the exhibits, proper to be of the appeal; the Court of Appeal on hearing ·• means the Registrar "Registrar "respondent" means any party directly in the Colony; affected by the appeal and includes his solicitor; " Rules " means these Rules or any amendments thereof or any additional Rules under the provisions of the Act; " Rules of Court " means the Rules made by the authority in whom is vested the power to make Rules of Court in the Colony.
Words in the singular the plural, and words in shall include the singular.

the plural shall include Words importing the masculine gender shall include females.

after the = West Indian Court of Appea l Rules, 1945.

91 3.All appeals to the Court of Appeal shall be by way of tppeal tor he of motion and no r!h=.1n:.
such notice by notice proceeding The appellant the whole or any part of any judgment, other than of and may by notice case or other formal and shall be brought rehearing petition, of motion shall be necessary.

motion appeal from the notice of such judgment such part.

If the notice specify or error in law, particulars clearly stated.

is complained of motion shall state whether of, and in the latter of motion alleges or error must be of such mis-direction case, shall mis-direction the whole or part only 4.
(l) Subject Legislature expiration judgment shall enlarge the time.

to any provisions which may be made by the Timef'or of the Colony, of six weeks unless or at any time subsequently, the Court at the time of giving or the Court of Appeal shall be brought no appeal period (2)The prescribed for appeal the tin1e at which the judgm ent is signed, perfected, or, in the case of a refusal date of such refusal.
shall be calculated from or otherwise entered of an application, from the (3)An appeal shall be deemed to have been brought when the notice of motion has been filed in the office of the Registrar.

(4)No appeal shall be heard before of twenty­ has been set down for hearing.

the expiration eight days after the appeal 5.
(1) A true copy of the notice of appeal or by the appeal and it shall not be :;::i�r shall be served upon Seryioe affected to the action directly to serve any party not so affected; to be served all parties necessary of appeal Appeal may direct notice parties a party, of the appeal hearing give such judgment given or made originally may postpone upon such terms as may be just, and may and make such order as might have been had been with such notice but the Court of on all or any not the or adjourn or other proceeding, and in the meantime if the persons parties.
served or upon any person (2)A true copy of the notice of appeal seven days after the original on the shall be served has been notice respondent filed.

within (3)Service of a notice requiring to be served shall be effected- of appeal or any other document ( a)in accordance (b)by registered with the Rules of Court, or post addressed for service or to his last known place of abode.

Service to the respondent's address shall 92 West Indian Oourt of Appeal Rules, 1945.
-- -----�------ be deemed to have been effected which the same shall have been posted, or three days after the date on (c)in sueh other manner as the Court may direct.

Settling reuord.

may be amended at any timf' as the (4)Any notice of appeal Court of Appeal may think fit.

6.

(1) The Registrar before summon the parties included in the record attend file a list of such documents.
and shall, or not, settle the appointment shall immediately him to settle an appeal is brought the documents whether to be any of the parties and sign and in due course (2)The Registrar record from the as well as the parties all documents that are not relevant to reduce formal) and generally exclude as are merely of the appeal, far as practicable, ·documents merely formal parts of rlocuments; to be copied shall be enunwrated record.
taking special and unnecessary repetition shall endeavour (more particularly such to the subject matter as the bulk of the record of care to avoid duplication of headings but the documentB in a list at the end of the and other omitted to to the inclusion (3)If one party objects of a document on the and the other party the document with a view to the subsequent or irrelevant upon its being included, ground that it is unnecessary nevertheless insists and the record included adjustment such document, fact that, and the party by whom, the inclusion ment was objected of the costs of and incidental in the index of papers of to the inclusion or otherwise the of the docu­ indicate shall, shall be to.
(4)If no written judgment decision such Judge in writing to giving the judgment be included in the record.

is given by the Judge at the time of shall communicate his reasons for the Registrar and such Teasons shall Notice by respondent of contention that judg­ ment should he varied.

7.
7.

(1) It shall not, under any circumstances, be necessary of motion by way of cross-appeal, upon the hearing of an appeal, of the Court should be varied, after service to he of appeal, within fourteen days intends, to give notice that the decision for a respondent but if a respondent contend shall, or within on application, parties notice and within with the Registrar.
give written who may be affected shall clearly the same period state the reason of the notice by special order made to any of such intention notice by such contention, and in such to rely, on which he intends he sha.11 file a copy of such notice such time as may be prescribed West Indian Court of Appeal Rules, 1945.
(2)A copy of such notice has already if the record copies the appellant shall be prepared forthwith to the Judges for transmission shall be included in the record but, been filed, the prescribed number of by and left with the Registrar .

to give notice (3)The omission conferred discretion of the appeal, shall not diminish the powers by the Act upon the Court of Appeal but may, in the of the Court of Appeal, or for any special be ground for an adjournment order as to costs.

8.
8.

(1) The appellant is brought when the appeal be granted shall within forty-two or within.such extended days from the date En�ng time as may appea • by the Court or the Court of Appeal- (i)file in the office of the Registrar: (a)the record; (b)_an affidavit (ii)leave four copies and of the Court of Appeal; of service of the notice of appeal; and for the use of the Judges of the record (iii)give notice to the respondent of the filing of the record within seven days thereafter.
(2)The Registrar shall thereupon the same in the proper set down the appeal for list of appeals.

hearing by entering the Registrar =or 9.

(1) When the appeal is set down for hearing shall forthwith- ( a)notify the Principal Registrar that the appeal has been set down for hearing; ( b)send a co f Court of Appea .
y of the record to each of the Judges of the (2)Upon receipt of the notification shall inform the President from the Registrar, the who shall there­ Principal Registrar after arrange a sitting direct the Principal by him for that sitting, the sitting.

rotation.
rotation.

The Judges shall, Registrar and to inform to summon the Judges nominated the Registrar of the date of serve in as far as practicable, of the Court of Appeal in the Colony and (3)The Registrar shall notify and gazette place a notice of the sitting the date of such sitting the parties and screen of the Court of Appeal.

or their solicitors in some suitable (4)The Court of Appeal may be adjourned by the President or at his direction by any Judge thereof.

94 West bulian Court of Appeal Ru!R,S, 1945.


(5).

If for any reason, additional copies to provide the Registrar shall call upon the appellant of the record are such time not being less than seven days, as required, such copies within he shall specify.

Default in filing record and document.. files none of the documents set out in of intention 10.
( l) If the appellant Rule 8 ( l) (i) within the period a notice stand dismissed by the production of the said documents has abandoned appellant tion to issue forthwith.
with costs, prescribed his appeal, by Rule 8 (I) or files of a certificate to withdraw the appeal shall and the C'ourt may on being satisfied from the Registrar has ht•en filed or otherwise or withdrawn that none that the his appeal, order execu­ (2)If the appellant fails in any other respect Rule 8 (I) the appeal may be dismissed stand over at the cost of the appellant ally or the appellant of Appeal may make such other order as it thinks fit.
The may upon 1mch failure by the appellant, respondent apply for an order under this sub-rule.

to comply with or may be ordered to person­ or of his solicitor of his costs or the Court may be deprived (3)An appellant whose appeal has been dismissed under sub­ move the Court may within one month thereafter rule (I) hereof of Appeal for an order that his appeal may be restored, and the the Court of Appeal may for good and sufficient cause restore fit.
same on such terms as it thinks Noti<'«l of preliminary objection.

11.A respondent intending to reply upon a preliminary shall give notice objection the objection, two clear days before of such notice the respondent Appeal may refuse the hearing thereof fit.

such other order as it thinks to the appellant the hearing thereof, setting of out the grounds and to the Registrar not less than the appeal.
If and shall furnish three copies for the use of the Judges hearing fails to comply with this Rule the Court of to entertain at the cost of the respondent or may adjourn or may make the objection Non­ appearanre of partiea.

12.

(I) If the appellant shall fail the same shall stand to appear in person or by for hearing is called counsel dismissed when his appeal with costs.
(2)An appellant owing to whose appeal has been dismissed within one month move the Court of ma his non-appearance Appeal and the Court o Appeal may, if it thinks terms as to costs and otherwise Appeal to be re-entered for hearing.

r fit and on such the as it may deem just, direct West Indian Court of Appea l Ruks, 1945.
(3)If the respondent counsel when the by the appellant bringing the appeal shall fail to appear in person or by for hearing, is called appeal that all necessary and proof is made steps have been taken for to hear on the same, the Court of Appeal shall proceed ex ']Xl,rte.

13.When any question of fact is involved taken in the Court bearing evidence subject before to any special the Court of Appeal as follows- order of the Court of Appeal, the Evidenct".
in an appeal, shall, on such question be brought (a)as to any evidence taken by affidavit, by the production of office copies of such affidavits; (b)as to evidence taken orally, by the production of a copy notes certified of the Judge's of the evidence him, or such other materials expedient.

by the Registrar, writer as the Court of Appeal may deem or a transcript by and certified taken by a shorthand 14.
On hearing of an appeal the Court of Appeal shall have Tr:!s Judge's no of the if the notes of the Judge of the Court or a transcript are not produced, power, evidence transcript, evidence the Court of Appeal may deem sufficient.
such appeal before to hear and determine of what occurred or statement or if there are no such notes or upon any other such Judge which 15.If upon the hearing as to e,ues�na f a question of an appeal, of the Judge to a jury or assessors arises , Tri�l J!d;e. or the direction the ruling the Court of Appeal shall have regard evidence, deem expedient.

and to such other materials to verified notes or other as the Court of Appeal may 16.
(1) The Court of Appeal shall have all the powers and �were ;r as to amendment duties with full discretionary of fact, questions by affidavit, in Court, or commissioner or other officer.
evidence (2)Such further such evidence and otherwise of the Court, Ap';!r further evidence upon together power to receive to be either or by deposition taken before an examiner by oral examination leave upon interlocutory which have occurred appeal applications, after the date of decision from which the or in any case as to matters may be given without special is brought.
(3)Upon appeals any cause or matter as to matters from a judgment upon the merits, after trial or hearing (save evidence as aforesaid) shall be admitted on such further subsequent of 96 West Indian Co-urt of Appeal Rul.e.r;, 1945.

--- ---------- ------ special of Appeal.

grounds only, and not without special leave of the Court (4)The Court of Appeal shall have power to draw inferences of to give any judgment fact and to have been made, and to make such further the case may require.
and make any order which ought or other order as by the Court of may be exercised (5)The powers aforesaid Appeal notwithstanding part only of the decision powers may also be exncised respondents although not have appealed that the notice may be reversed of appeal may be that and such in favour of all or any of the such respondents may or parties from or compl�ined of the decision.
(6)The Court of Appeal shall have power to make such order or parties, or varied, as to the whole or any part of the costs of the appeal just.

as may be Interlocutory judgment not to prejudioe decision.

17.No interlocutory judgment been no appeal to any tribunal prejudice the appeal as may be just.

or rule from which there has shall operate so as to bar or such decision upon the Court of Appeal from giving New trial.
18.If upon hearing of Appeal that a new trial ought to be had, it shall be lavrful the Court of Appeal, and judgment if it shall think fit, to order that the verdict and that a new trial shall be set a.side, shall be had.

of an appeal it shall appear to the Court for Delivery judgment.

of 19.
of 19.

(I) A judgment or other decision of the Court of Appeal in open court in the Colony but if the Judges shall be delivered of the Court of Appeal or any of them are not prepared their judgments the conclusion at which the appeal has been heard, it shall be lawful Judges or Judge to transmit judgments to the Registrar or judgment to deliver of the sitting for the their or his written before or judgment (2)The Chief Justice on such appeal.
of the Colony shall read or cause to be at a sittin� accordingly, read such judgments the Registrar of judgment delivered or judgment shall enter judgment shall be as effective at a sitting of the Court of Appeal.

in all respects of the Court, and and such entry as if it had been Interest.
20.On an appeal, interest by the appeal shall be allowed for such time as execution has been the Court of may compute and the Registrar orders, unlesi,; delayed Appeal otherwise interest without any order for that purpose.

such We.st Indian Court of Appeal Rules, 1945.

97 21.An appeal shall not proceedings under the judgment a.s the Court or the Court of Appea may order, mediate the Court may direct.
a.s a stay of execution ealed from, except so far bJ �� and no inter- so far a.s opera.te ap f shall be invalidated, act or proceeding except or of � no 22.

( 1) Whenever any doubt arises such doubt as to whether may be determined a judgment � by the u to 8nality or interlocutory, is final Court of Appeal under the Rules or by the Court on application in a summary way.

of Judgment.

bt (2)Any such determination by the Court shall, if made in pursuance to be binding on all parties.
of Rules of Court, be deemed by the Court of Appeal 23.
(I) Subject Legislature dealt with by the Court- to any provisions which may be made by the !,� of the Colony, the following applications may be (a)applications for giving security for costs to be occa.sioned by any ap:peals; (b)applications (c)applications for leave to appeal for a stay of execution inform.a pauperis; on any judgm ent of such appeal; appealed from pending the determination (d)applications for an injunction or parting from disposing matter of the appeal pending the defendant restraining of the determination with the posseBBion in the action the subject thereof; (e)applications (/) applications (g)any other interlocutory under Rules 7, 10 and 22; of time; for extension applications.
(2)Any such application shall be heard in the first instance the Court of Appeal is actually sitting in the by the Court unleBS Colony at the time.

(3)Where an application leave either Court gives special within Court, fourteen to have the application ha.s been refused by the Court or the party may apply in writing days after the date of the order made by the by the Court re-heard to be heard by the Court or not, of Appeal.

(4)All applications whether shall be entered in the Court of Appeal.
(5)When an application shall !oc:lge with the Registrar is to be heard bythe Court of Appeal of the four copies the applicant papers for the use of tlie Judges.

24.

(1) Applications under paragraphs 23 (I) may be made ez parte by way of affidavit and the order a.sked for.

grounds VD.--8 B.G.-VOL.

of the application (b), (c), (d) and (f) of � °!.a.

containing the " °" ---------------- West lrw.ia:n Court of App eal Rules, 1946.
-~- �-------- (2)Any other application a copy of which shall be served under these Rules shall be made by Such application shall be supported with the summons way of summons or motion.

by affidavit, or notice of motion.

(3)Where an application is made ex J>O,rt,e under sub-rule (I) of this Rule, an order may be made requiring to be served of the application.
with notice (4)Where an application under these Rules is made by any party affected an order may be made adjourning into the hearing summons, open court.

(5)Where an application it shall be treated Court of Appeal, shall be heard in open court.

made by summons is heard by the and it as if it were a motion, Application for eecurity for oOlte.

26.
26.

(1) Before an application for se<"urity demand shall be made by the respondent for costs is made, a and if the be made by the or if an offer of security written demand is refused appellant Appeal or Court shall in dealing consider which of the parties and not accepted by the respondent, the Court of with the costs of the application has made the application for costs may be made at any necessary.

(2)An application for security time after the appeal has been brought promptly thereafter.
and must be made (3)An order for security for costs shall direct that in default of the security extension being given within or any therein the appeal shall stand dismissed.

the time limited thereof Application for le&ve lo 26.

(1) An application for leave to appeal J>O,Upe,1,8 informa appeal '11 ,_ paupma.
shall be accompanied (a)an affidavit stating: by- (i)that the appellant his wearing the subject apparel matter of the intended is not worth $120 or £25 excepting and tools of trade and his interest appeal; in (ii)that his usual income from all sources does not exceed $9.60 or £2 a week; (iii)that he is unable to provide sureties; that the appellant has reasonable (b)a certificate of counsel ground of appeal.
obtains (2)Where an appellant J>O,Upe,1,8, he shall not be required of the respondent copy of the Judge's duplicate Court and for the use of counsel thereof or to pay any registry notes of evidence copies for transmission or the record, or for five to the Judges of the for the appellant.

leave to appeal in forma to lodge security for the costs fees or any fees for a West Indian Court of Appeal Rtda, 1945.

99 27.

(I) The Registrar shall keep a book in which shall be �eeof trar.
of all appeals particulars entered date of the entering appeal and the judgment (2)Immediately of the appeal, given.

filed, the date of filing, the of the the date of hearing after the determination shall send to the Principal Registrar Registrar the entries Rule, and the Principal record of all appeals Appeal shall be made.
made under the provisions of sub-rule shall keep a book in which a by the Court of heard and determined Registrar of an appeal the copy of a correct (I) of this (3)The Registrar shall also send to the Registrar of every other colony written judgment to which the Act applies of the Court of Appeal.

of the Court a copy of every 28.


(I) Every document or paper required by the Rules to be �ting or or type-� with black paper of good quality not soil the hands of a reader) be legibly printed filed or left with the Registrar shall written upon strong white margin of not less than two inches half-an-inch, shall be left between ink (which will foolscap with an inner and an outer margin of about of an inch and a space of not less than three-eighths every two lines.
(2)There shall be an index to the record and every page and every fifth line on and thereof shall be numbered a page shall be numbered shall be arranged exhibits consecutively, in the margin.

Correspondence at the end of the record.

together of (3)The Registrar may refuse to file or receive any document conforming not strictly this Rule and the Court of Appeal may disallow which has been filed or received such document of sub-rule (I) of the costs of any by the Registrar.
to the requirements 29.The fees to be taken by the Registrar in :r-.
shall be payable advance as follows­ On bringing appeal On entering and on the judgm ent thereunder, an inclusive fee of ... any appeal for hearing $1.20 or 5/- On making any application On filing every document On inspection or exhibit ... or judg- of any document ment ... $9.60 or £2 $1.20 or 5/­ .48 or 2/- .24 or I/- On office copies first folio to consist of any document of ninety words for the For every other folio or part of a folio ... On taxation of bill of costs including .24 or 1/­ .12 or 6d.
$2.40 or 10/- certificate B.0.-Voi.. VII.-8• 100 West lndwn C<YUrt of App eal Rules, 1945.

Right of practioe.

30.All persons having the right to practise before or attorneys solicitors advocates, in which the appeal arose shall be entitled Court of Appeal when sitting in such Colony.

the Court of any Colony in the to practise as barristers, Power to make rules of Court.

31.
31.

{I) The authority in whom is vested the power to make Rules of Court in a colony may make Rules of Court- (a)regulating (b)regulating the practice and procedure the fees to be allowed on appeals; to barristers, advocates, solicitors and attorneys (c)prescribing in respect of appeals; and the forms to be used in the Colony in respect of appeals.

(2)If no provision is made by the Rules or Rules of Court in respect governing appeals in the Colony shall apply.
of any matter or proceeding, the practice or procedure (3)Where no provision is made by Rules of Court for the fees to be allowed in the Court of Appeal, shall apply.

to barristers, advocates, solicitors and attorneys the scale of fees in force in the Court ( 4)Costs shall be taxed in accordance with the law and practice of the Court.

Revocation.
Revocation.

32.The West Indian Court of Appeal Rules, 1920, and the West Indian Court of Appeal (Amendment) hereby revoked: Rules, 1930, are Provided that nothing in these Rules shall affect anything done under the Rules hereby revoked.

Date of commence­ ment.

1945, and shall also apply as far as .

33.

These Rules shall come into operation October, expressly (unless otherwise on or after that day in all appeals provided) then pending.
on the First day of may be practicable to all proceedings taken (Signeil) H. W. B. BLACK.ALL, Chief Just-ice and Tobago, President.

of Trinulail, E. A. COLLYMORE, Chief Just-ice JOHN VERITY, Chief Justice of British CLEMENT MALONE, Chief Just-ice Guiana.

of the of BMlxulos.

Windward Islands and Leeward Islands.