--(1) This Part deals with any appeal to the Court of Appeal not being an appeal or application to the court for which other provision is made by these Rules nor appeals by way of case stated on a question of law for determination by the court.
--(Part 60 deals with appeals to the High Court, Part 62 deals with applications to the High Court under enactments and Part 61 deals with appeals by way of case stated)
--(2) In this Part-
--"appellant" means the party who first files a notice of appeal;
--"court" means the Court of Appeal;
--"court below" means the court or tribunal from which the appeal is brought;
--"procedural appeal" means an appeal from a decision of a registrar, master or judge which does not directly decide the substantive issues in a claim but excludes-
----(a) any such decision made during the course of the trial or final hearing of the proceedings;
----(aa) any decision with respect to the admissibility of evidence in the trial or hearing;
----(b) an order granting any relief made at an application for judicial review (including an application for leave to make the application) or under section 14(1) of the Constitution under Part 56;
----(c) the following orders under Part 17:
--------(i) an interim injunction or declaration;
--------(ii) a freezing injunction;
--------(iii) an order to deliver up goods; and
--------(iv) any order made before proceedings are commenced or against a non-party;
----(d) an, order for committal or confiscation of assets under Part 53; and
----(e) an order as to costs only; and
--"respondent" means any party to the appeal other than the appellant whether or not the respondent files a counter-notice.
Notes
Amended by Legal Notice 159 of 2018.
Amended by Legal Notice 140 of 2000.
It appears that an appeal from an order granting leave to apply for judicial review is excluded from the definition of a procedural appeal pursuant to rule 64.1(2)(b): See The Attorney General, The Chief Chemist and The Director of Food and Drugs v. Vitamin and Herbal Cabinet Limited Civ. App. 29 of 2012.