Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 144
144. (1) An appeal may be entered by any party against all the
other parties or against any one of them. The appellant shall
indicate in the application of appeal the parties against whom the
appeal is directed. The applica tion of appeal shall be served o n all
the parties but only the parties against whom the appeal is dir ected
shall, within the time of thirty (30) days, file their respecti ve
answer containing the reasons w hy the appeal should be dismisse d:
Provided that in causes where there are more than three
plaintiffs or more than three defendants the application of app eal
and any other notice, including the notice of trial relating to the
42 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
appeal, may be served upon any two of the plaintiffs or upon an y
two of the defendants, as the case may be, and upon an advocate
and a legal procurator who before the court at first instance h ad
acted on behalf of the other plaintiffs or defendants:
Provided further that where there is no advocate or legal
procurator as referred to in the first proviso or where any suc h
advocate or legal procurator has informed the appellant of the
cessation of the character in which the advocate or legal procu rator has
acted, the party requesting to effect service of the applicatio n of appeal
may request the court before which the appeal is filed to autho rise
service to all parties, other than the two plaintiffs or the tw o
defendants as the case may be, referred to i n the preceding pro viso, by
publication in the Gazette and in one or more daily newspapers as the
court may direct, without any furt her procedures or requirement s.
Time for answer in
case of cross
appeal.
(2) In the case of a cross appeal in terms of article 240, the
party against whom the cross appeal is directed shall within th e
said time of thirty (30) days file a reply rebutting the allega tions
included in the cross appeal.
Address when
there are multiple
parties.
(3) When two (2) or more parties file an application of the app eal
or the reply together, they shal l, on filing the written pleadi ng, state a
single address for the execution of service of the notice about the
security for costs related to the appeal and for the service of the notice
that the case was left for sentencing.
Production of
documents.
Substituted by
XXXII.2021.3.
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