Skip to content

Section 53

Petition of appeal

of Courts of Judicature Act 1964

ActIn forceProvision 55 of 102
Section 53
(1)

Within ten days after service of the notice referred to in subsection 52(2) the appellant shall file with the Registrar of the Court from which the appeal lies a petition of appeal and a copy thereof addressed to the Court of Appeal.

(2)

Every petition of appeal shall be signed by the appellant or his advocate and shall contain particulars of the matters of law or of fact in regard to which the High Court is alleged to have erred, and, except by leave of the Court of Appeal, the appellant shall not be permitted on the hearing of the appeal to rely on any ground of appeal other than those set forth in the petition.

(3)

If a petition is not filed within the time prescribed by this section the appeal shall be deemed to have been withdrawn, but nothing in this subsection shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal by section 56.

Courts of Judicature 41