Appeals are by way of rehearing; in other words, the High Court is entitled to consider the case afresh and is not bound in any way by the decision made by the court below. However, during an appeal, witnesses do not appear before the Court again to repeat their testimony. Instead, the Court refers to the notes taken by the judge who presided at the trial at first instance, or the full transcript of the proceedings if this is available. It also listens to legal arguments advanced by the parties' lawyers. During an appeal, the Court has the same powers as the Court of Appeal has when it hears appeals from the High Court.