Law library · Sierra Leone · Local Courts Act, 1963
Section 29, Local Courts Act, 1963
Status not yet checkedLocal Courts Act, 1963, Sierra Leone
(1) As from the commencement of this Act, there shall be constituted a District Appeal Court which shall consist of the Police Magistrate for each District sitting with two Assessors selected by him from a list of experts in customary law drawn up by the District Officer:
Provided that in any case where it appears that no question of customary law will arise the Magistrate may sit without Assessors.
(2) The Assessors shall advise the Magistrate on questions of customary law but the decision shall be vested exclusively in the Magistrate who shall record the reasons for his decisions.
(3) Any person aggrieved by any order or decision of a Local Court may, instead of appealing to a Group Local Appeal Court, appeal to the District Appeal Court.
(4) The convicted person (or in the case of civil proceedings both parties) shall be informed of their right to appeal to the District Appeal Court at the termination of the proceedings before the Local Court.
(5) No judgment or order of a Local Court shall be executed until a period of fifteen days commencing on the day of the termination of the proceedings in the said Court has expired.
(6) If the convicted person (or in a civil case either of the parties) states that he desires to appeal to the District Appeal Court the Local Court shall endorse the record with the words
A 154 No. 20 Local Courts 1963
"This judgment (or order) is under appeal and shall not be executed unless and until it is confirmed by a judgment of the District Appeal Court" and cause it to be transmitted without delay to the Clerk of the District Appeal Court.
(7) If the person aggrieved did not inform the Local Court at the termination of the proceedings of his desire to appeal to the District Appeal Court he may nevertheless appeal at any time before the expiry of the period of fifteen days prescribed in subsection (5) by declaring his intention to appeal either—
(a) before the Clerk of the Local Court, or
(b) before the Clerk of the District Appeal Court (who shall forthwith inform the Clerk of the Local Court of any such declaration),
and in either case the Clerk of the Local Court shall endorse on the record the words set out in subsection (6) and cause it to be transmitted without delay to the Clerk of the District Appeal Court.
(8) On receiving the record so endorsed the District Appeal Court shall list the appeal for hearing and cause notice of the date and time of the hearing to be given to the Local Court and all interested parties.
(9) On any such appeal the District Appeal Court may rehear the whole or such part of the evidence as justice may require.
(10) In any appeal before the District Appeal Court any party may be represented by a legal practitioner.
[Margin: Right to Appeal to Group Local Appeal Court.]
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