Section 19Part 4 — Supplementary Provisions
Appeals in civil proceedings
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In the case of an appeal from any judgment of the Grand Court in the exercise of its civil jurisdiction, the appeal shall be brought by the appellant, within fourteen days after the date of the judgment, lodging with the Registrar and the Clerk of the Grand Court a written notice of appeal and serving personally, or at the place of that person's dwelling or upon that person's attorney-at-law a copy of such notice upon the opposite party.
The appellant shall, at the time of lodging the notice of appeal required by subsection (1), deposit in the Grand Court the sum of fifty dollars as security for the due prosecution of the appeal together with such further sum as security for costs of the appeal as a Judge of the Grand Court may direct, and such security for costs may be given by the appellant entering into a bond by themselves and such sureties and in such sum as the Judge of the Grand Court may direct, conditioned for the payment of any costs which may be awarded against the appellant and for the due performance of the judgment of the Court.
No stay of execution or other proceedings shall be granted upon any judgment appealed against save upon payment by the appellant into the Grand Court of the whole sum, if any, found due upon such judgment and the amount of any costs awarded to the other party or parties to the action, or upon good cause shown to the Court or to the Grand Court.
Upon the appellant complying with subsections (1) and (2), the Judge of the Grand Court shall draw up, for the information of the Court, a statement of the reasons for the judgment appealed against and such statement shall be lodged with the Registrar who shall give notice thereof to the parties and allow them to peruse and take copies of the same.
The appellant shall, within twenty-one days of receiving the notice provided for in subsection (4), draw up and serve upon the respondent and file with the Registrar a memorandum of the grounds of appeal and, should the appellant fail timeously so to do, the appellant's right of appeal shall, subject to section 25, cease and determine.
Should the appellant, having given notice of appeal as required by subsection (1) and security as required by subsection (2), fail duly to prosecute the appeal, the appellant shall forfeit as a court fee the sum of fifty dollars deposited thereunder but, if the appellant appears in person or by the appellant's attorney-at-law in support of the appellant's appeal, the appellant shall be entitled to the return of the said fifty dollars in any event.
The appellant shall furnish an address for service, and the Registrar shall refuse to accept notice or any memorandum of grounds of appeal which does not disclose such address for service.
Cross References
- Section 25 of Court Of Appeal Act
subject to section 25
Referenced By
- Section 20 — Provisions relating to grounds of appeal
grounds of appeal served upon the respondent and filed with the Registrar in accordance with section 19(5)
- Section 21 — Transmission of documents in case of appeal
statement lodged in accordance with section 19(4)
- Section 22 — Appeal by way of a special case
sections 19, 20 and 21
- Section 23 — Application of money deposited or secured
sum deposited or secured by virtue of section 19 (2)