Appeal not to operate as stay of execution

(1) Where any person has filed an appeal to the Court against a decision of an inferior court, the appeal shall not by itself result in the suspension of the decision under appeal, but the appellant may, within the time prescribed for filing such appeal, apply to the inferior court which made the decision under appeal, for stay of execution of any judgment appealed from, whether civil or criminal, pending the determination of such appeal. (2) Before hearing the application for stay made pursuant to sub-section (1), the inferior court shall give its reasons for the decision under appeal and shall supply copies thereof to both the appellant and the respondent, such reasons to be given no later than seven days from the date of the application for stay of (3) If the application for stay is refused by the inferior court, or the inferior court fails to give its reasons for the decision under appeal within the time specified in sub-section (2), the appellant may apply to the Court for appropriate relief. (4) Where the appellant has been sentenced to imprisonment by the inferior court, nothing contained in sub-sections (1) to (3), shall prejudice his right to apply to the Court for bail pending appeal; and in every such case, the provisions of the Crime Control and Criminal Justice Act pertaining to the grant of bail to an accused person shall mutatis mutandis apply. CAP. 102. (5) Where the inferior court orders the payment of a sum of money by way of tax, duty, rate or charge arising under the Income and Business Tax Act, the General Sales Tax Act, the Land Tax Act, the Stamp Duty Act, the Town Property Tax Act, the Trade Licencing Act, or any other enactment, rule or regulation imposing a tax, duty, rate or charge, an appeal shall not result in the suspension of the decision under appeal, and the entire amount ordered to be paid by the inferior court, including any penalty and interest, shall be paid before any such appeal or review is entertained or determined by the court; but where any such appeal or review results in nil or less tax, duty, rate or charge being payable by the taxpayer than that ordered by the inferior court, the excess tax, duty, rate or charge paid by the taxpayer shall, subject to any further appeal by either party to a higher court, be promptly refunded to the taxpayer with interest thereon from the date of payment of such excess tax, duty, rate or charge until the date of such refund, at such rate of interest as may be determined by the Court to be fair and reasonable. (6) Where the decision under appeal involves the forfeiture of a vehicle, vessel or aircraft, it shall be lawful for the Government or any person duly authorised by it to use such vehicle, vessel or aircraft during the pendency of the appeal, Provided that where the appeal is determined in favour of the appellant and the Court orders the restoration to him of such vehicle, vessel or aircraft, the Court may award such compensation to the appellant as may appear to it just and proper for the use, if any, by the Government of such vehicle, vessel or aircraft, having regard to the period of use and the condition of the vehicle, vessel or aircraft, disregarding deterioration, if any, by natural process. (7) For the purpose of sub-section (2), in every case where the inferior court orders the forfeiture of a vehicle, vessel or aircraft, it shall, on the advice of a technician appointed by it after consultation with the Commissioner of Transport, the Ports Commissioner or the Director of Civil Aviation, as the case may be, make an assessment of the value and condition of such vehicle, vessel or aircraft.