Section 5: Notice and grounds of appeal

5. Notice and grounds of appeal (1) Any person wishing to appeal under this Act to the Court of Civil Appeal shall serve notice of appeal on the other party to the case and lodge his appeal in the Registry within 21 days from the date of the judgment or an order appealed from. (2) The notice of appeal shall distinctly set out the grounds of such appeal and no grounds other than those specified shall be brought forward when the appeal is heard. (3) (a) Every appellant shall, not less than 45 days before the date of the hearing of the appeal, serve on the other parties to the appeal and lodge in the Registry, in such form and manner as may be prescribed by rules of Court, skeleton arguments and submissions on the grounds of appeal. (b) Every other party to an appeal shall, not less than 30 days before the date of the hearing of the appeal, serve on the other parties to the appeal and lodge in the Registry, in such form and manner as may be prescribed, by rules of Court, skeleton arguments and submissions on the grounds of appeal. (c) Where any appellant or party to an appeal does not comply with any provisions of paragraph (a) or (b), the Court may make— (i) such order as to costs as it thinks fit; or (ii) any wasted costs order. (4) (a) The notice of appeal shall contain a warning to the party on whom it is served to the effect that he shall, if he wishes to resist the appeal, comply with paragraph (b). (b) Every person who is served with a notice of appeal and who wishes to resist the appeal shall, not later than 2 months after the date of service, serve on the appellant, and file in the Registry, a notice of his intention so to do. (c) Any person on whom notice of appeal is served and who fails to comply with paragraph (b) shall be deemed to have elected not to resist the appeal. [S. 5 amended by Act 29 of 1992; Act 15 of 1994; Act 15 of 2000.] [Issue 1] C51 – 2 Revised Laws of Mauritius