Section 69: Appellate jurisdiction of Supreme Court

69. Appellate jurisdiction of Supreme Court (1) Subject to any other enactment, the Supreme Court shall have full power and jurisdiction to hear and determine all appeals, whether civil or criminal, made to the Court from— (a) a Judge in the exercise of his original jurisdiction; (b) — (c) the Bankruptcy Division; (d) the Registrar; (e) the Intermediate Court; (f) the Industrial Court; (g) a Magistrate; (h) any other Court or body established under any other enactment. (2) An appeal to the Supreme Court under any of the enactments set out in the First Schedule shall be dealt with in the same manner as an appeal from a Magistrate pursuant to the District and Intermediate Courts (Civil Jurisdiction) Act, but the appellant shall not be required to furnish security. (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. [Issue 7] C54 – 18 Revised Laws of Mauritius (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 of the provisions of paragraph (a) or (b), the Court may make— (i) such order as to costs as it thinks fit; or (ii) a wasted costs order. (4) (a) Where, pursuant to any enactment, a person may appeal to the Supreme Court against a decision of a Court or body specified in subsection (1), 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. 69 amended by Act 29 of 1992; Act 15 of 1994; Act 15 of 2000.]