In a bid to avoid wasting court’s precious time and to spare the Justices of Appeal from unnecessary workload, the President of the Court of Appeal Justice Anthony Fernando has made certain rules, amending the Seychelles Court of Appeal Rules 2005.

Gazetted on Monday, the Seychelles Court of Appeal (Amendment) Rules, 2022, deletes and amends rules 24 (a) and 24 (b) of the 2005 rules, and states that appellants are required to lodge with the Registrar five copies of the main heads of arguments, within a month from the date of service of the record. Two copies of these heads of argument are to be served on the respondents.

Additionally, the respondent is required to also lodge with the Registrar five copies of their own main heads of argument, within two weeks of receipt of the appellants’. Copies are to be served to the appellant.

The amendment to the rules follows the Court of Appeal’s final term which concluded last week, and the tendency for heads of arguments to be filed at the very last moment, in most instances, meaning the Justices barely have enough time to go through them.

According to Justice Fernando, contrary to the Court of Appeal Rules and Practice Directions issued by court, such documentation are often “filed a day or two before the hearing” and “the time has come to put a stop to this bad practice that has been condoned by the court”.

As he highlighted, in the event that the parties fail to file heads of arguments on time, the court will not hesitate “to strike out an appeal”, where no good cause is shown. If the failure is on the part of either the appellant or respondent, they will not be heard.

The President of the Court of Appeal is imparted with powers to make rules under article 136(1) of the Constitution.

During its last term, court found it necessary to adjourn judgment in certain cases to a later date due to late submissions.

A total of thirteen appeals were withdrawn, one at roll call, and twelve after the briefs had already been prepared and circulated to concerned parties, including the Justices, who were faced with additional work in having to study the briefs.

Source: Seychelles Nation