Summary
Summary Chapter 21
- Course
- Law of civil procedure
- Institution
- University Of Johannesburg (UJ)
Detailed summary of chapter 21 from the fundamental principles of civil procedure textbook
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CHAPTER 21 – APPEALS ANDREVIEWS
Appeal vs Review
WHEN:
Appeal and review procedures are used when a party is
not satisfied with the outcome of the case or the
proceedings followed
Ultimately, the party’s primary purpose is to get the
decision from the court a quo set aside
Effects:
Suspends execution
APPEAL vs REVIEW:
APPEAL REVIEW
Relates to a Relates to a
disagreement with the disagreement based on how
decision based on the the decision was reached –
merits of the case – procedural fairness
substantial fairness
So... court came to the So... procedural
wrong decision based on the irregularity
merits of the case or rules
of law
Re-evaluation of the Nothing to do with
decision of the court - thus merits – thus not restricted
restricted to argument on to court record – can adduce
the record of the extrinsic evidence
proceedings
Procedure: Procedure:
Notice of appeal (setting out Application + affidavits
grounds of appeal) (setting out evidence of the
Then subsequent irregularity)
prosecution of appeal
, Strict time limits No strict time limits –
but must be brought in a
reasonable time
INSTANCES OF APPEALS AND REVIEWS:
Grounds for appeal:
Bona fide mistake of law
Judgment was not justified by the evidence
Decision regarding the right of a arty to amend
pleadings
Decision regarding the striking out of certain
allegations
Decision relating to a party on whom the onus of
proof lies
Instances of review:
Grave irregularities or illegalities by the inferior
court
Public body has a duty prescribed by legislation but
fails to comply with the provision of the legislation or
commits a gross irregularity with his duty
Legislature confers powers on a court to review a
decision
Review Proceedings
GROUNDS OF REVIEW:
Superior courts review the decisions of inferior courts
S24(1) SC Act – grounds of review:
Lack of jurisdiction of the court
Interest, bias, malice or corruption by the P.O
Gross irregularity
Admission of inadmissible or incompetent evidence –
or the rejection of admissible or competent evidence
Examples of gross-irregularity:
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