You are representing a client who lost an appeal before the District Court, which had determined the matter on appeal from a Primary Court. The client now wishes to challenge that decision in the High Court. What is the proper appellate procedure and time frame in this context?

You are representing a client who lost an appeal before the District Court, which had determined the matter on appeal from a Primary Court. The client now wishes to challenge that decision in the High Court. What is the proper appellate procedure and time frame in this context?

Where the District Court acted in its appellate jurisdiction by deciding an appeal from the Primary Court in a matrimonial or probate matter—the correct appellate route to the High Court is governed by section 25 of the Magistrates’ Courts Act, Cap. 11 R.E. 2019. Under section 25(1)(b), an aggrieved party may appeal to the High Court, provided that the decision or order arose from the District Court exercising its appellate or revisional powers.

According to section 25(3), the appeal must be made by petition, not by memorandum, and it must be filed in the same District Court that heard the matter in an appellate/revision stage. The District Court will then forward the petition and its records together with that of primary court to the High Court.

The appeal must be filed within 30 days from the date of the decision or order, as provided under section 25(1)(b). If this time limit has expired, the appellant must seek extension of time, supported by an affidavit showing sufficient cause, before the High Court can entertain the appeal.

Failure to comply with the correct appellate route, time limit, or filing forum may render the appeal incompetent and subject to dismissal.

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