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Cases where civil jurisdiction of Appellate Division or Court of Appeal can be exercised by less than 3 judges

Supreme Court of Judicature Act 1969

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SEVENTH SCHEDULESections 36(1), 54(1) and 83(1) and (1A), and paragraphs 1(a) and (b) and 2(a) of Eighth ScheduleCases where civil jurisdiction of Appellate Division or Court of Appeal can be exercised by less than 3 judgesAppellate Division cases that may be heard and decided by single Judge or 2 Judges1.—(1) Despite section 32(1), the following cases may be heard and decided by the Appellate Division consisting of a single Judge or 2 Judges:(a)an application —(i)to record a judgment, or an order, that is made by consent of the parties; or(ii)to make an order that is incidental to any such judgment or order;(b)an application to adduce further evidence in proceedings before the Appellate Division;(c)an application for costs, or any other matter that remains to be dealt with, after an application or appeal to the Appellate Division is withdrawn;(d)an application for any direction or order mentioned in section 40(1).(2) Despite section 32(1), the Appellate Division consisting of a single Judge or 2 Judges may —(a)refer an appeal to the Court of Appeal under section 29D(2)(b); and(b)for the purposes of paragraph 2(k)(ii), decide whether it is appropriate for the Appellate Division consisting of 2 Judges to hear and decide an appeal to which that paragraph applies.(3) Despite section 32(1), the Appellate Division consisting of a single Judge may hear and decide an application to vary or discharge any direction or order made by the Registrar, the Deputy Registrar or an Assistant Registrar exercising any of the powers of the Appellate Division.Appellate Division cases that may be heard and decided by 2 Judges2. Despite section 32(1), the following cases may be heard and decided by the Appellate Division consisting of 2 Judges:(a)an application to extend the time for filing and serving a notice of appeal;(b)an application to discharge or vary any direction or order made under section 40(1) by the Appellate Division consisting of a single Judge;(c)an application for leave to appeal to the Appellate Division, whether under this Act or any other written law, or to extend time for applying for such leave;(d)an application to the Appellate Division for a stay of execution (whether pending or after the appeal) or a stay of proceedings under the decision appealed from;(e)an appeal against an interlocutory judgment;(f)an appeal against any judgment or order obtained after the hearing of an application for the admission of a person under section 15 of the Legal Profession Act 1966;(g)an appeal against any judgment or order obtained after the hearing of an assessment of damages;(h)an appeal against any judgment or order obtained after the hearing of a taking of accounts between parties;(i)an appeal against any judgment or order obtained after any proceedings other than the trial or hearing of any action or matter commenced by any originating process;(j)an appeal which, under any written law, may be heard and decided by 2 Judges;(k)any appeal where —(i)all parties consent for the case to be —(A)decided by the Appellate Division consisting of 2 Judges; and(B)decided by the Appellate Division without hearing oral arguments; and(ii)the Appellate Division (consisting of at least a single Judge) considers it appropriate for the Appellate Division consisting of 2 Judges to hear and decide the appeal.Court of Appeal cases that may be heard and decided by single Judge or 2 Judges3.—(1) Despite section 50(1), the following cases may be heard and decided by the Court of Appeal consisting of a single Judge or 2 Judges:(a)an application —(i)to record a judgment, or an order, that is made by consent of the parties; or(ii)to make an order that is incidental to any such judgment or order;(b)an application to adduce further evidence in proceedings before the Court of Appeal;(c)an application for costs, or any other matter that remains to be dealt with, after an application or appeal to the Court of Appeal is withdrawn;(d)an application for any direction or order mentioned in section 58(1).(2) Despite section 50(1), the Court of Appeal consisting of a single Judge or 2 Judges may exercise the following powers:(a)the power under section 29D(1) to transfer to the Court of Appeal an appeal that has been made to the Appellate Division;(b)the power under section 29E(1) to transfer to the Appellate Division an appeal that has been made to the Court of Appeal.(3) Despite section 50(1), the Court of Appeal consisting of a single Judge may hear and decide an application to vary or discharge any direction or order made by the Registrar, the Deputy Registrar or an Assistant Registrar exercising any of the powers of the Court of Appeal.Court of Appeal cases that may be heard and decided by 2 Judges4. Despite section 50(1), the following cases may be heard and decided by the Court of Appeal consisting of 2 Judges:(a)an application to extend the time for filing and serving a notice of appeal;(b)an application to discharge or vary any direction or order made under section 58(1) by the Court of Appeal consisting of a single Judge;(c)an application for leave to appeal to the Court of Appeal, whether under this Act or any other written law, or to extend time for applying for such leave;(d)an application to the Court of Appeal for a stay of execution (whether pending or after the appeal) or a stay of proceedings under the decision appealed from;(e)an appeal against an interlocutory judgment;(f)an appeal against any judgment or order obtained after the hearing of an application for the admission of a person under section 15 of the Legal Profession Act 1966;(g)an appeal against any judgment or order obtained after the hearing of an assessment of damages;(h)an appeal against any judgment or order obtained after the hearing of a taking of accounts between parties;(i)an appeal against any judgment or order obtained after any proceedings other than the trial or hearing of any action or matter commenced by any originating process;(j)an appeal which, under any written law, may be heard and decided by 2 Judges.[40/2019]

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