ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS
The Court of Appeal has already been fully imple- mented and operational in the provinces of Luan- da and Benguela since 2021, so appeals against decisions handed down by the District Courts are now heard by the Court of Appeal; previously, the court of appeal was the Supreme Court. Furthermore, decisions handed down in cases where the Administrative, Tax and Customs Liti- gation Chamber of the Supreme Court is com- petent to judge at first instance can be appealed to the Plenary of the Supreme Court. 10.2 Rules Concerning Appeals of Judgments It is possible to appeal against judgments given by the lower courts, subject to jurisdiction rules and a minimum amount in controversy. None- theless, there is a Constitutional Court ruling that considers it unconstitutional to dismiss an appeal on the grounds of the low value of the claim. According to this ruling, this ground violates the constitutional principle of affective judicial protec- tion. Either party is entitled to appeal the part of the judgment that was unfavourable to it. Awards of the Court of Appeal are subject to appeal to the Supreme Court, but such appeals are limited to matters of law. When there is an offence to constitutional prin- ciples or rights, awards of the Supreme Court may also be challenged through appeal to the Constitutional Court. 10.3 Procedure for Taking an Appeal The deadline for lodging an appeal is eight days from the notice of the judgment rendered. The application for an appeal shall be lodged with the court that delivered the judgment (court a quo) and that will rule on its admission. The law-
suit is then remitted to the higher court (court ad quem) for further prosecution of its terms. There are two kinds of ordinary appeals, depend- ing on whether or not the appeal is in respect to a judgment on the merits. In the case of an appeal of a judgment on the merits, the arguments on the appeal shall be submitted after a notice for that purpose has been given by the higher court, with the maximum deadline of 20 calendar days. In other cases, the arguments shall be submitted at the court a quo, within an eight-day deadline. 10.4 Issues Considered by the Appeal Court at an Appeal An appeal to the Court of Appeal can concern both the facts of the case and points of law. However, in the Supreme Court, the arguments can only concern points of law. The appeal con- sists of written submissions containing criticisms of the judgment under appeal. As far as the facts are concerned, there is no further hearing in the higher court for the pro- duction of evidence; arguments concerning the evidence must be based on the evidence already filed. The trial of the appeal consists of a confer- ence of judges who make up the Court of Appeal and who will discuss and issue the judgment. 10.5 Court-Imposed Conditions on Granting an Appeal There are no court-imposed conditions for the admission of an appeal. 10.6 Powers of the Appellate Court After an Appeal Hearing The Court of Appeal may uphold, annul or replace the judgment under appeal.
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