1.     This Order shall apply to appeals to the Court from any court or tribunal acting either in its original or its appellate jurisdiction in civil cases, and to matters related thereto.

 

2.     (1)     All appeals shall be by way of rehearing and shall be brought by notice (hereinafter called "the notice of appeal") to be filed in the Registry of the court below which shall set forth the grounds of appeal, stating whether the whole or part only of the decision of the court below is complained of (in the latter case specifying such part) and shall state also the exact nature of the relief sought and the names and addresses of all parties directly affected by the appeal, and shall be accompanied by a sufficient number of copies for service on all such parties; and it shall also have endorsed on it an address for service.

 

(2)     If the grounds of appeal allege misdirection or error in law the particulars and the nature of the misdirection or error shall be clearly stated.

 

(3)     The notice of appeal shall set forth concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

 

(4)     No ground which is vague or general in terms or which discloses no reasonable ground of appeal shall be permitted, save the general ground that the judgment is against the weight of the evidence, and any ground of appeal or any part thereof which is not permitted under this rule may be struck out by the Court of its own motion or on application by the respondent.

 

(5)     The appellant shall not without the leave of the Court urge or be heard in support of any ground of appeal not mentioned in the notice of appeal, but the Court may in its discretion allow the appellant to amend the grounds of appeal upon payment of the fees prescribed for making such amendment and upon such terms as the Court may deem just.

 

(6)     Notwithstanding the foregoing provisions the Court in deciding the appeal shall not be confined to the grounds set forth by the appellant :

 

Provided that the Court shall not if it allows the appeal rest its decision on any ground not set forth by the appellant unless the respondent has had sufficient opportunity of contesting the case on that ground.

 

(7)     The Court shall have the power to strike out a notice of appeal when an appeal is not competent or for any other sufficient reason.

 (8)     The Registrar of the Court  below shall endorse on the notice of appeal or application the fees paid thereon, receipt number and date of payment.

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   (3) (1)     Every application to the Court shall be by notice of motion supported by affidavit and  shall state the rule under which it is brought and the ground for the relief sought.

 

(2)     Any application to the Court for leave to appeal (other than an application made after the expiration of the time for appealing) shall be by notice of motion which shall be served on the party or parties affected.

 

 (3)   Where an application has been refused  by the court below, an application for a  similar  may be made to the Court within fifteen days after the date of the refusal.     

 

(4)     Wherever under these Rules an application may be made either to the court below or to the Court it shall not be made in the first instance to the Court except where there are special circumstances which make it impossible or impracticable to apply to the court below.

 

(5)     If leave to appeal is granted by the Court or by the court below the appellant shall file a notice of appeal within the time prescribed by section 25 of the Act.

 

(6)     Where an application for leave to appeal from a decision of the court below has been brought within the time specified by section 25 of the Act but has not been heard within that period, the Court, if satisfied that there has not been an unreasonable delay in bringing the application, may extend time to appeal and in a proper  case grant leave to appeal.

 

(7)     The application for leave to appeal from a decision of a lower court shall contain copies of the following items, namely :

 

(a)     Civil Form 5 duly completed.

 

(b)     A certified true copy of the judgment of the court below sought to be appealed against.

 

(c)     A copy of the proposed grounds of appeal ; and

 

(d)     Where leave has been refused by the lower court a copy of the order refusing leave.

(8)  Except with the special leave of the Court , a maximum of thirty minutes on each side will be allowed for oral argument on any application.

 

4.     (1)     The Court may enlarge the time provided by these Rules for the doing of anything to which these Rules apply.

 

(2)     Every application for an enlargement of time in which to appeal shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard. When time is so enlarged a copy of the order granting such enlargement shall be annexed to the notice of appeal.

 

5.     An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the Court below.

 

6.     (1)     The Registrar of the court below shall after the notice of appeal has been filed, cause to be served a true copy thereof upon each of the parties mentioned in the notice of appeal but it shall not be necessary to serve any party not directly affected.

 

Provided that the Court may, of its own motion, or on the application of any person claiming to be affected, direct notice to be served on all or any parties to the action or other proceeding or upon any person not a party and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just and make such orders  as might have been made if the persons served with such notice had been originally parties to the appeal.

 

(2)     Notwithstanding anything in Rule 3 (6) of Order I where in any proceeding in the court below a party has given an address for service, notice of appeal from any decision made under such proceeding may be served on such party at such address for service, and notice of any application preparatory or incidental to   any such appeal may be served in like manner at any time before the date on which the respondent gives notice of his address for service in accordance with the immediately following rule.

 

7.     (1)     Every person who by virtue of service on him of a notice of appeal becomes a respondent to any appeal or intended appeal shall within thirty days after service on him of the notice of appeal file twenty copies with the Registrar of the court below notice of a full and sufficient address for service in such number of copies as the said Registrar shall require. The Registrar of the court below shall forthwith send a copy of the notice of address of the Registrar and shall cause a copy thereof to be served on the appellant.

 

(2)     Such notice may be signed by the respondent or his legal representative.

 

(3)     If any respondent fails or omits to file such notice of address for service it shall not be necessary to serve on him any other proceeding  in the appeal or any notice of hearing thereof.

 

(4)     Any party to an appeal or intended appeal may change his address for service at any time by filing and serving on all other parties to the appeal or intended appeal notice of such change.

 

8.     (1)     The Registrar of the court below shall after the expiration of the time prescribed for filing notice of address for service summon the parties before him to :

 

(a)     settle the documents to be included in the record of appeal ;

 

(b)     fix the amount to be deposited by the appellant to cover the estimated cost of making up and forwarding the record of appeal ;

 

(c)     fix the amount to be deposited by the appellant or secured by bond for the due prosecution of the appeal and the payment of any costs.

 

(2)     The said Registrar shall whether any of the parties attend or not, provided that notice has been duly served on those parties who filed an address for service, proceed to settle and determine those matters in accordance with the provisions or Rules 9, 10 and 11 of this Order.

 

9.     (1)     The record of appeal shall contain the following documents in the order set out :-

 

(a)     the index ;

 

(b)     a statement by the Registrar of the court below giving brief particulars of the case and including a schedule of the fees paid ;

 

(c)     copies of documents settled by the Registrar of the court below for inclusion in the record of appeal in accordance with Rule 8 of this Order ;

 

(d)     a copy of the notice of appeal and other relevant documents filed in connection with the appeal.

 

(2)     The Registrar of the court below, as well as the parties, shall endeavour to exclude from the record all documents (more particularly such as are merely formal) that are not relevant to the subject matter of the appeal and generally to reduce the bulk of the record as far as practicable, taking special care to avoid duplications of documents and unnecessary repetition of headings and other merely formal parts of documents; but the documents omitted to be copied shall be enumerated in a list at the end of the record but where part or parts only of any lengthy document are directly relevant to the subject matter of the appeal, it shall be permissible to omit to copy such part of the document as are  relevant to the subject matter of the appeal nor necessary for the proper understanding of the part or parts that are so relevant.

 

(3)     If the Registrar of the court below or any party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the other party nevertheless insists upon its being included, the document shall be included and the record shall, with a view to the subsequent adjustment of the costs of all incidental to the inclusion of such document, indicate in the index of papers or otherwise the fact that, and the party by whom, the inclusion of the document was objected to.

 

(4)     It shall not be necessary for copies of individual documents to be separately certified but the Registrar of the court below shall certify as correct each copy of the record transmitted by him in accordance with these Rules.

 

10.            The appellant shall within such time as the Registrar of the court below directs deposit with him a sum fixed to cover the estimated expense of making up and forwarding the record of appeal  calculated at the full cost of one copy for the appellant and one-seventh cost for each of the seven copies for the use of the Court, or where twenty copies are sent, one twentieth.

 

11.            The appellant shall within such time as the Registrar of the court below directs deposit such sum as shall be determined by such Registrar or give security therefore by bond with one or more sureties to his satisfaction as such Registrar may direct for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the appellant;

 

Provided that no deposit or security shall be required where the deposit would be payable by the Government of the Federal Republic of Nigeria or of a State, or by any Government department.

 

12.            The court may, where necessary, require security for costs or for performance of the order to be made on appeal, in addition to the sum determined under Rules 10 and 11 of this Order.

 

13.     (1)         The Registrar of the Court below shall transmit the record when ready together with :-

 

(a)    a certificate of service of the notice of appeal ;

 

(b)    a certificate that the conditions imposed under Rules 10 and 11 of this Order have been fulfilled ;

 

(c)    either -

 

(i)    seven copies of the record for the use of the Justices together with, where stencil was used for production of the record, copies of such stencils duly and carefully preserved, or

 

(ii)    twenty copies of the record ;

 

(d)    the docket or file of the case in the court below containing all papers or documents filed by the parties in connection therewith, to the Registrar of the Court.

 

  (2)           The Registrar of the court below shall also cause to be served on all parties mentioned in the notice of appeal (who have filed an address for service )a notice that the record has been forwarded to the Registrar of the Court who shall in due course enter the appeal in the cause list.

 

14.     (1)         A respondent who not having appealed from the decision of the court below, desires to contend on the appeal that the decision of that court should be varied, either in any event or in the event of the appeal being allowed in whole or in part, must give notice to that effect, specifying the grounds of that contention and the precise form of the order which he proposes to ask the Court to make, or to make in that event, as the case may be.

 

  (2)          A respondent who desires to contend on the appeal that the decision of the court below should be affirmed on grounds other than those relied upon by that court must give notice to that effect specifying the grounds of that contention.

 

  (3)          Except with the leave of the Court, a respondent shall not be entitled on the hearing of the appeal to contend that the decision of the court below should be varied upon grounds not specified in a notice given under this rule, to apply for any relief not so specified or to support the decision of the court below upon any grounds not relied upon by that court or specified in such a notice.

 

  (4)          Any notice given by a respondent under this rule (in this Order referred to as a "respondent’s notice) must be served on the appellant, and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and must be served--

 

(a)    in the case of an appeal against an interlocutory order, within 15 days, and

 

(b)    in any other case, within thirty days, after the service of the notice of appeal on the respondent.

 

  (5)          A party by whom a respondent’s notice is given shall file with the Registrar of the court below twenty copies of such notice of which one shall be included in the record, and the other copies provided for the use of the Justices.

 

  (6)          Omission to give such notice shall not diminish any powers of the Court but may in the discretion of the Court be a ground for postponement or adjournment of the appeal upon such terms as to costs or otherwise as may be just.

 

15.     (1)          A respondent intending to rely upon a preliminary objection to the hearing of the appeal shall give the appellant three clear days notice thereof before the hearing, setting out the grounds of objection, and shall file such notice together with twenty copies thereof with the Registrar within the same time.

 

  (2)          No objection shall be taken to the hearing of an appeal on the ground that the amounts fixed by the Registrar of the court below under Rule 8 (1) of this Order were incorrectly assessed.

 

  (3)          If the respondent fails to comply with this rule the Court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the respondents or may make such other order as it thinks fit

 

16.            A notice of appeal or respondent's notice may be amended by or with the leave of the Court at any time.

 

17.     (1)          The Court may in any case direct that the notice of appeal be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings.

 

  (2)          In any case in which the Court directs that the notice of appeal shall be served on any party or person, the Court may also direct that any respondent’s notice shall be served on him.

 

  (3)          The Court may in any case where it gives a direction under this rule--

 

(a)    postpone or adjourn the hearing of the appeal for such period and on such terms as may be just, and

 

(b)    give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

 

18.     (1)          An appellant may at any time before the appeal is called on for hearing serve on the parties to the appeal and file with the Registrar a notice to the effect that he does not intend further to prosecute the appeal.

 

  (2)          If all parties to the appeal consent to the withdrawal of the appeal without order of the Court, the appellant may file in the Registry the document or documents signifying such consent and signed by the parties or by their legal representatives and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar and in  such event any sum lodged in Court as security for the costs of the appeal shall be paid out to the appellant.

 

  (3)          The withdrawal of an appeal with the consent of the parties under paragraph (2) of this Rule shall be a bar to further proceedings on any application made by the respondent under Rule 14 of this Order.

 

   (4)         If all the parties do not consent to the withdrawn of an appeal as aforesaid, the appeal shall remain on the list, and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties, including any application made by the respondent under Rule 14 of this Order, and for the making of an order as to the disposal of any sum lodged in Court as security for the cost of appeal.

 

  (5)          An appeal which has been withdrawn under this Rule, whether with or without an order of the Court, shall be deemed to have been dismissed.

 

19.           Where an appeal is withdrawn under Rule 18 of this Order any respondent who has not given a notice under Rule 14 of this Order may give notice of appeal and proceed therewith in the manner prescribed by the foregoing rules, and in such case the time limited for giving notice of appeal, for depositing the sum estimated to cover the cost of the record and for furnishing the security for costs may, on application to the Court, be extended so far as is reasonably necessary in all the circumstances of the case.

 

20.     (1)          If the appellant has complied with any of the requirements of Rules 10 and 11 of this Order, the Registrar of the court below shall certify such fact to the Court, which shall thereupon order that the appeal be dismissed either with or without costs, and shall cause the appellant and the respondent to be notified of the terms of its order.

 

  (2)          Where an appeal has been dismissed under paragraph (1) of this Rule, a respondent who has given notice under Rule 14 of this Order may give notice of appeal and the provisions of Rule 19 of this Order shall apply as if the appeal were brought under that Rule.

 

 (3)            If the respondent alleges that the appellant has failed to comply with a part of the requirements of Rules 2, 10 or 11 of this Order, the Court, if satisfied that the appellant has so failed, may dismiss the appeal for want of due prosecution or make such other order as the justice of the case may require.

 

 (4)            An appellant whose appeal has been dismissed under this rule may apply by notice of motion that his appeal be restored and any such application may be made to the Court which may in its discretion for good and sufficient cause order that such appeal be restored upon such terms as it may think fit.

 

21.     (1)          Subject as hereinafter provided, each party shall ,immediately after an appeal becomes pending before the Court, deliver to the court below all documents (being exhibits in the case or which were tendered as exhibits and rejected) which are in his custody or were produced or put in by him at the trial.

 

 (2)            Subject as hereinafter provided, each party to an appeal shall be prepared to produce at the hearing of the appeal all exhibits, other than documents, which are in his custody or were produced or put in by him at the trial.

 

 (3)            In case any party finds it difficult to comply with the previous provisions of this rule owing to the nature of documents or other exhibits or owing to its being in possession of a third party or for any other reason ; he may apply to the Registrar of the Court for directions.

 

(4)             The Registrar of the court below may, either of his own motion or upon application, give any directions he sees fit, whether dispensing with the provisions of this rule or modifying its application in any way or for securing compliance with it.

 

(5)             All original documents delivered to the court below under this rule shall remain in the custody of the court below until the record of appeal has been prepared, and shall then be forwarded with the record to the Registrar and shall remain in the custody of the Court until the determination of the appeal ;

 

Provided that the Court or Registrar may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as it or he may impose.

 

22.            No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision upon the appeal as may seen just.

 

23.           (1) The Court shall have power to give any judgment or make any order that ought to have been made, and to make such further or other order as the case may require including any order as to costs.

   

(2)            The powers contained in paragraph (1)  of this rule may be exercised by the Court, notwithstanding that the appellant may have asked that part only of a decision may be reserved or varied, and may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.

 

24.            At any time before hearing of the appeal any party to the appeal may file a declaration in writing that he does not wish to be present in person or by a legal representative on the hearing of the appeal and he shall serve a copy of such declaration upon every other party who has filed an address for service and thereupon the appeal shall be dealt with as if the party had appeared.

 

 

25.     (1)           Save as herein after provided , the fees prescribed in the Third Schedule hereto shall be charged in respect of the matters to which they are respectively assigned and shall be paid to the Registrar of the court below or of the court as the case may be.

 

  (2)          No fee shall be payable in respect of any matter where such fee would be payable by the Government of the Federal Republic of Nigeria or of a State or any Government Department;

 

                Provided that when any person is ordered to pay the costs of the Government of the Federal Republic of Nigeria or of a State or of any Government Department in any case  all fees which would have been payable but for the provisions of this paragraph shall be taken as having been paid and shall be recoverable from such person .

 

                (3) The court  below or the court may on account of the want of means of any party (although such party may not have been formally permitted to proceed as a person without means under Rule 26 of this Order) or for other sufficient reason, dispense if it seems fit with payment of any fees if the circumstances of the case so require:

             

               Provided that if such party succeeds in any appeal which results in an order for payment to him of any costs the court may order that such fees shall be a first charge `on any moneys recovered  or to be recovered under such order.

                

 

26.     (1)          Any party may apply to the Court for leave to prosecute or defend an appeal as a person without means. Such application shall be by notice of motion, supported by affidavit, and shall be served on the other parties to the proceedings. No fee shall be payable on filing any such application.

 

  (2)           No party shall be permitted to proceed as a person without means unless he satisfies the Court that has reasonable probability of success.

 

  (3)          A person permitted to proceed as a person without means shall not be liable to pay any of the Court fees prescribed by these Rules or  be required to make deposit or to give the security prescribed by Rules 10 and 11 of this Order.

 

  (4)          The Court may for good cause shown review, rescind or vary an order permitting any person to proceed as a person without means.

 

27.     (1)          Leave to proceed as a person without means shall not exempt such person from liability to an order for costs in favour of his opponent.

 

  (2)           If a person without means is not awarded cost in the proceedings, no fees shall be taken from him by a legal representative assigned to him.

 

  (3)           If a person without means is awarded costs against his opponent he shall be entitled to include and receive in such costs the fees of any legal representative assigned to him and all other fees and costs remitted by his admission to proceed as a person without means.

 

28.     (1)          Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the Record of Appeal serve upon every appellant who has duly given a notice of appeal and paid the fees fixed by the Registrar to cover the cost of record of appeal, a copy of the record.

 

  (2)          Such Record of Appeal may be served upon the appellant in any manner prescribed by these Rules for the service of notice or other documents relating to the appeal.

 

  (3)          The Registrar shall thereafter cause to be served upon every respondent in the appeal who has filed an address for service a notice that the record has been compiled. It shall be the duty of each respondent to pay for and collect a copy of the record.

 

29.     (1)          Within fourteen days after a record has been served upon an appellant, the Registrar shall certify under his hand that he has served the record of appeal upon every such appellant. The certificate of service shall be in Civil Form 19, or to like effect.

 

  (2)          In addition to the requirements of Order 7 rule 12 of the Supreme Court Rules, the Registrar shall as soon as the record and notice of compilation of the record for appeal to the Supreme Court have been served on the appellant and the respondent, as the case may be, transmit to the Supreme Court:

 

(a)   a certificate that a copy of the record for appeal to the Supreme Court has been served on the appellant(s) ; and

 

(b)    a certificate that notice of compilation of the record for appeal to the Supreme Court has been given to the respondent

 

30.-(1) It shall be the duty of the counsel representing a party to an appeal to give immediate notice of the death of that party to the Registrar of the court below or to the Registrar of the court (as the case may require) and to all other parties affected by the appeal as soon as he becomes aware of the fact.

(2) If it is necessary to add or substitute a new party for the deceased , an application shall, subject to the provisions of Order 1 Rule 21, be made in that behalf to the court below or  to the court either by any existing party to the appeal or by any person who wishes to be added or substituted.

(3) Where an appeal has been set down for hearing and the court is or becomes aware that a necessary party to the appeal is dead the appeal shall be struck off the hearing list.