What is an Appeal and how can it be lodged?
What is an appeal?
This is the proceeding by which a case is brought before a higher court for review of a lower court's decision for the purpose of convincing the higher court that the lower courts judgment was incorrect.
- The accused may appeal to a higher court if he/she is dissatisfied with the decision of the Judicial Officer.
- The appeal is lodged by presenting a Notice of Appeal to the appellate court
- The Notice of appeal is accompanied by a Memorandum of Appeal which contains the grounds upon which a party seeks to challenge the lower court's decision.
- The notice of appeal is then served on the respondent who may respond to the memorandum of appeal.
- The appeal will then be heard on a specified date.
- After hearing the appeal, court will go ahead to pronounce its judgment.
Who can lodge an appeal?
Any party to the case where judgment was passed, may lodge an appeal.
Where should an appeal be lodged?
- An appeal from a decision passed by a Magistrate Grade II may be made to a Chief Magistrates Court (the appellate court).
- An appeal from a decision passed by a Chief Magistrate or a Magistrate Grade 1 may be made to the High Court (the appellate court).
Within what period should an appeal be lodged?
For criminal cases, the appeal should be lodged within 14 days after the decision of court.
For Civil cases, the appeal should be lodged within 30 days after the decision of court.