Davies (J. L.) v R (5 of 1928) [1928] SLSC 5 (25 October 1928)


Courts - magistrates' courts - appeals - procedure - general grounds of
appeal to be submitted strictly in accordance with Appeals from Magistrates
Ordinance (cap. 8), s.3, as amended, or appeal dismissed- fact
that record forwarded to Supreme Court not conclusive evidence that
conditions of appeal fulfilled: The provisions of the Appeals from
Magistrates Ordinance (cap. 8), s.3, as amended, requiring general
grounds of appeal to be given orally in the magistrates' court, or in
writing within eight days afterwards, must be strictly complied with;
even if the lower court gives both conditional and final leave to appeal
and forwards the record to the appeal court, this does not show conclusively
that the conditions of appeal have been fulfilled and the appeal
may be dismissed on the grounds that they were not.

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