WALLIS AJ
care and attention to the Rules of this Court than is expected of legal practitioners in
other courts. Furthermore, when records are not properly prepared, there is a risk of
(g)
(v)
the court appealed from; and
(vi)
the names and addresses of all the parties for service.
(i)
The volume number and the numbers of the pages contained in a
volume shall also appear on the upper third of the spine of the volume.
(ii)
Each volume shall be so bound that upon being eased open it will
lie open without any manual or other restraint and upon being so opened and
thereafter repeatedly closed, the binding shall not fail.
(h)
The—
(i)
judgement and order appealed against;
(ii)
judgement and order granting leave to appeal; and
(iii)
notice of appeal,
shall, if the record consists of more than one volume, be contained in a separate volume.
(i)
The record, in the first or in a separate volume, shall contain a correct and
complete index of the evidence, documents and exhibits in the case, the
nature of the documents and exhibits being briefly stated therein.
(j)
Unless it is essential for the determination of the appeal and the parties
agree thereto in writing, the record shall not contain—
(i)
argument and opening address;
(ii)
formal documents;
(iii)
discovery affidavits and the like;
(iv)
identical duplicates of any document; or
(v)
documents not proved or admitted, and
the registrar shall mero motu disallow the costs, also between attorney and own client, of such
documents.
(7)(a)
(8)(a)
A core bundle of documents shall be prepared if to do so is appropriate to
the appeal.
(b)
The core bundle shall consist of the material documents of the case in a
proper, preferably chronological, sequence.
(c)
Documents contained in the core bundle shall be omitted from the record,
but the record shall indicate where each such document is to be found in the
core bundle.
Whenever the decision of an appeal is likely to hinge exclusively on a
specific issue or issues of law and/or fact, the appellant shall, within 10 days
of the noting of the appeal, request the respondent’s consent to submit such
issue or issues to the Court, failing which the respondent shall, within 10
days thereafter, make a similar request to the appellant.
...
(9)(a)
Whenever the decision of an appeal is likely to hinge exclusively on part of
the record in the court a quo, the appellant shall, within 10 days of the
noting of the appeal, request the respondent’s consent to omit the
unnecessary parts from the record, failing which the respondent shall, within
10 days thereafter, make a similar request to the appellant.”
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