as the lower court or Court may order; and no intermediate act or proceeding shall be invalidated except so far as
either court may direct.
23. The Court may make such order as to the payment of costs by or the appellant as it may consider to be just
and the order may be made also in any case where an appeal has not been entered into or prosecuted.
24. (1) The Court may, in special circumstances, upon application on notice by motion (original or interlocutory
as the case may require) supported by affidavit, order the appellant to deposit such sum or give such security as
may seem fit for the respondent's costs of appeal including the costs incidental to the application.
(2) The order shall limit the time (not exceeding thirty days) within the deposit or security shall be made or given
and may direct that default of its being made or given within the time so limited the appeal shall without further
order stand dismissed.
(3) Where an appeal so stands dismissed the respondent shall be entitled to all reasonable costs occasioned by
the appeal and the amount of such costs may be stated in the order in anticipation or may be assessed at any time
by the Court of its own motion or on application made ex parte or on notice, as the court may see fit.
(4) Where an appeal so stands dismissed the appellant shall take no further step or proceeding therein save by
leave of the Court for reinstatement of the appeal, which may be granted on such terms (if any) as may seem fit
upon application by motion on notice given within a month of such dismissal (but not otherwise).
(5) Subject and without prejudice to the discretion of the Court to grant costs where it seems proper on an
application made under paragraph (1), costs shall not normally be granted to the applicant save where the net
proceeds of execution levied on the appellant's goods are sufficient to satisfy the amount payable under the
judgment or decision appealed from.
25. (1) When a case is decided on appeal the Court shall certify its, judgment or order to the lower court in which
the decision appealed against was pronounced.
(2) The lower court to which the Court certifies its judgment or order shall thereupon make such orders as are
conformable to the judgment or order of the Court, and, if necessary, the records shall be amended in accordance
therewith.
26. After the pronouncement of the judgment of the Court, the lower court from which the appeal came shall
have the same jurisdiction and power to enforce, and shall enforce, any decision which may have been affirmed,
modified, amended, or substituted by the Court or any judgment which may have been pronounced by the Court,
in the same manner in all respects as if such decision or judgment had been pronounced by itself.
27. Any order given or made by the Court may be enforced by the Court or by the lower court as may be most
expedient.
28. The Court may, if it thinks fit, enlarge any period of time prescribed by this Order.
29. In this Order"the lower court" means the court whose judgment is appealed against, and includes a Magistrate's Court in the
southern States and a District Court in the northern States, but does not include an Area Court or a Customary
Court, an arbitrator, a referee or an auditor;
"Judgment" includes an order or a ruling.
Order 45
Appeals to the High Court from Decisions of Auditors
1. This Order shall apply to any appeal to the Court from a decision of an auditor made under the provisions of
any written law which confers the right to appeal to the High Court against any such decision.
2. An appeal to the Court from a decision of an auditor shall be by notice of motion.