Lecture Notes: Jurisdiction of the Court of Appeal

Overview of Superior Courts

• Article 126 of the Constitution outlines the superior parts of judicature:
  • Supreme Court
  • Court of Appeal
  • High Courts
  • Regional Tribunals
• Court of Appeal is part of these superior courts but does not have original jurisdiction.

Jurisdiction of the Court of Appeal

• No Original Jurisdiction:

  • The Court of Appeal cannot hear cases at first instance.
  • Only has appellate jurisdiction.

• Appellate Jurisdiction:

  • Appeals can be made to the Court of Appeal from judgments, decrees, or orders of the High Courts and Regional Tribunals as per Article 137.
  • The jurisdiction includes any other appellate jurisdiction conferred by the Constitution or other laws.

Important Articles and Acts

• Article 137:

  • Outlines the appellate jurisdiction of the Court of Appeal, allowing appeals from judgments, decrees, or orders of the High Courts and Regional Tribunals.

• Court Act of 1993 (Act 459):

  • Section 44: Appeals in civil cases from the Circuit Court go directly to the Court of Appeal.
  • Section 11(4): Distinction made between civil and criminal appeals from Circuit Courts.
  • Section 11(5): Appeals against interlocutory orders from Circuit Courts require leave of the Circuit Court or, upon refusal, the Court of Appeal.

Specific Jurisdictions

• Civil Cases:

  • Appeals from Circuit Court civil actions go directly to the Court of Appeal (Section 44).

• Criminal Cases:

  • Appeals from Circuit Court criminal trials go to the High Court.

• Interlocutory Orders:

  • Appeals against these orders require permission from the court that made the order or the Court of Appeal if refused (Section 11(5)).

Parliamentary Election Petitions

• Final Court of Appeal:
  • The Court of Appeal is the final appellate court for parliamentary election petitions.
  • Article 99 specifies that high courts handle election petition cases initially, with appeals going only as far as the Court of Appeal.
  • No further right of appeal to the Supreme Court exists for these cases.
  • Case Reference: Ayew v. Zacharia (2003-2004) confirms the Court of Appeal as the final appellate authority in these matters.

Conclusion

• The Court of Appeal serves primarily as an appellate body with specific jurisdictions conferred by both constitutional and statutory provisions.
• It plays a critical role in reviewing decisions from lower courts and certain tribunals, bridging the judicial process to higher courts like the Supreme Court.