Syariah Courts Civil Procedure Code · 2022 Revised Edition · Part · Appeal
142. Notice of appeal
Official textFrom Attorney General's Chambers, unchanged
An appeal against the decision of the Syariah Subordinate Court shall be made to the Syariah High Court, and the decision of the Syariah
High Court to the Syariah Appeal Court.
Court
“Court” means the Syariah Subordinate Court, the Syariah High Court or the Syariah Court of Appeal as the case may be, as established under section 6(1) of the Syariah Courts Act;
An appeal shall be brought by giving a notice of appeal in
notice
“notice” means written notice unless the Court in any case shall order otherwise;
Form MS 30.
form
“form” means a form set out in Schedule 2 and a form referred to by a number means the form so numbered in that Schedule;
An appeal may be made against the whole or any part of the decision.
The notice of appeal shall be filed within 14 days from the date on which the decision was made and shall state whether the whole or part only, and what part, of the decision is appealed against.
The Court appealed from shall, upon receipt of the notice of appeal, supply to the appellant, upon payment of the feet hereof, a certified copy of the notes of evidence and grounds of judgment.
Syariah Courts Civil Procedure Code
As soon as the certified copies are ready, the Court shall give notice to the appellant in Form MS 31.
Within 14 days from the receipt of the notice under subsection (6), the appellant shall, unless the Court otherwise orders —
deposit in the Court appealed from a sum which in the opinion of the Registrar will cover the costs of preparing a sufficient number of copies of the appeal record for the use of the Court hearing the appeal and the parties to the appeal; and
lodge in the Court appealed from a sum of money as the Court may direct by way of security for the costs of the appeal.
The notice of appeal shall be served by the appellant within the time limited for filing the appeal on the respondent or his Syar’ie Lawyer.
Terms defined in this Act
Court
Defined · s 2“Court” means the Syariah Subordinate Court, the Syariah High Court or the Syariah Court of Appeal as the case may be, as established under section 6(1) of the Syariah Courts Act;
form
Defined · s 2“form” means a form set out in Schedule 2 and a form referred to by a number means the form so numbered in that Schedule;
notice
Defined · s 2“notice” means written notice unless the Court in any case shall order otherwise;
Registrar
Defined · s 2“Registrar” or “Registrar of the Syariah Court” means the Chief Registrar of the Syariah Appeal Court, a Deputy Registrar and Registrars of the Syariah High Court and Assistant Registrars of the Syariah Subordinate Courts appointed under section 13 of the Syariah Courts Act;
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Enforcement and Execution
Chapter XIII
Chapter XIV
Chapter XV
Chapter XVI
Part
Rateable Distribution
Part
Interlocutory Proceedings and Interim Order
Chapter XVII
Chapter XVIII
Part
Powers of Judge and Registrar
Part
Court Fees, Costs and Allowances
Part
Contempt of Court
Part