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Orders made by District Court or Magistrate’s Court that are appealable only with leave

Supreme Court of Judicature Act 1969

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THIRD SCHEDULESections 21(1) and 83(1)Orders made by District Court or Magistrate’s Court that are appealable only with leaveAn appeal lies to the General Division from a decision of a District Court or Magistrate’s Court only with the leave of that District Court or Magistrate’s Court or the General Division in any of the following cases:(a)where a District Court or Magistrate’s Court makes an order giving unconditional leave to defend any proceedings;(b)where a District Court or Magistrate’s Court makes an order giving leave to defend any proceedings on condition that the party defending those proceedings pays into court or gives security for the sum claimed, except if the appellant is that party;(c)where a District Court or Magistrate’s Court makes an order setting aside unconditionally a default judgment, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise);(d)where a District Court or Magistrate’s Court makes an order setting aside a default judgment on condition that the party against whom the judgment had been entered pays into court or gives security for the sum claimed, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise), except if the appellant is that party.[30/2010; 40/2019]

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