Order 7 Supreme Court Rules

Order 7 of the Supreme Court Rules 2024 is about Entry of Appeals and Powers of The Court. It contains the following rules:

Order 7 Rule 1 Supreme Court Rules 2024 – When an appeal is entered

An appeal is entered in the Court when the Record of Appeal from the Court below has been received in the Registry of the Court within the time prescribed by the Rules or within such other extended lime as ordered by the Court.

Order 7 Rule 2 Supreme Court Rules 2024 – Control of proceedings during pendency of appeal

(1) After an appeal has been, entered and until it has been finally disposed of, the Court shall be seised of the whole of the proceedings as between the parties thereto, and except as may be otherwise provided in this Order, every application therein shall be made to the Court and not to the Court below.

(2) The proceedings in any matter before the Court below or any Tribunal shall not be stayed in any form to await the outcome of an interlocutory appeal to this Court.

Order 7 Rule 3 Supreme Court Rules 2024 – General powers of the Court. S.22 Supreme Court Act

(1) In relation to an appeal, the Court shall have all the powers and duties as to amendment and otherwise of the Court of first instance.

Inference of fact
(2) The Court shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order(s) as the case may require, including any order as to costs.

(3) The Court shall have powers to make orders by way of injunctions or the appointment of a Receiver or Manager, and such other necessary orders for the protection of property or person, pending the determination of an appeal to it even though no application for such an order was made in the Court below, upon the fulfillment of the following conditions to the satisfaction of the Court –
(a) an undertaking to diligently prosecute the appeal is given by the Applicant;
(b) in appeals relating to monetary judgments, a bond, guarantee or other like instrument from a reliable financial institution, in such sum not exceeding the judgment sum, as the Court may direct, as security for the judgment sum or such sum, as the Court may determine, deposited into an interest yielding account in the name of the Chief Registrar or Deputy Chief Registrar of the Court; and
(c) in appeals relating to land, an undertaking to pay damages if the appeal is unsuccessful.

(4) Where an Applicant has filed an application for slay of execution and the application is accompanied by prims facie evidence of the satisfaction of the conditions under sub-rule (3)(a), (b) and/or above, no steps shall be taken to enforce the judgment appealed against, pending the determination of the application for stay of execution by the Court

Power not limited by interlocutory Order.
(5) Ihe powers of the Court in respect of an appeal shall not be restricted by reason of any interlocutory- order from which There has been no appeal.

Power not limited by a notice of appeal
(6) The powers of the Court under the foregoing provisions of this Rule may be exercised notwithstanding that no Notice of Appeal has been given in respect of any particular party to the proceedings in the Court, or that any ground for allowing the appeal or affirming or varying the decision of that Court is nor specified in such a notice; and the Court may make any order, on such terms as the Court thinks just, to ensure the determination on the merit of the real question in controversy between the parties.

(7) The Court may, in special circumstances, order that such security shall be given tor the costs of an appeal as may be just.

Impounded documents
(8) Documents impounded by order of the Court shall not be delivered out of the custody of Ihe Court except in compliance with an order of the Court:
Provided that where the Attorney-General of the Federation or of a State or the Director of Public Prosecutions of the Federation or of a State makes a written request in that behalf documents so impounded shall be delivered into his custody.

Inspection of impounded documents.
(9) Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorized to do so by an order of the Court.

Order 7 Rule 4 Supreme Court Rules 2024 – Further Evidence

(1) The Court shall have power to receive further evidence on questions of fact, either by oral examination in Court by affidavit, or by deposition taker before an Examiner or Commissioner as the Court may direct, but. in the case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the dale of the trial in hearing) shall be admitted except on special grounds.

(2) A party who wishes the court to receive the evidence of witnesses (whether they were or were not called at the trial) or to order the production of any document, exhibit or other thing connected with the proceedings in accordance with the provisions of section 33 of the Act, shall apply for leave on motion on notice prior to the date set down for the hearing of the appeal.

(3) The application shall be supported by affidavit of the facts on which the party relics for making it and of the nature of the evidence ortho document concerned.

(4) It shall not be necessary for the other party to answer the additional evidence intended to called but if leave is granted the other party shall be entitled to a reasonable opportunity’ to give his own evidence in reply if he so wishes.

Order 7 Rule 5 Supreme Court Rules 2024 – Powers of the Court as to new trial

(1) On the hearing of any appeal the Court, may, if it deems fit, make any such order as could be made in pursuance of an application fora new trial or to set aside a verdict, finding or Judgment of the Court below.

(2) The Court shall not. he bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court, some substantial wrong or miscarriage of justice has been thereby occasioned.

(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question, and if it appears to the Court that, any such wrong or miscarriage as is mentioned in sub-rule (2) of this Rule affects only part of the matter in controversy or one or only some of the parties, the Court may order a new trial as to the part only, or as to that party or those parties only, and give final Judgment as to the remainder.

(4) In any case where the Court has power to order a new trial on the ground that damages awarded by the Court below are excessive or inadequate, the Court may. in lieu of ordering a new trial:
(a) substitute for the sum awarded by the Conn below such sum as appears to the Court io be proper.
(b) reduce or increase the sum awarded by the Court below by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded; but except as aforesaid, the Court shall no, have power to reduce or increase the carnages awarded by the Court below.

(5) A new trial shall not be ordered by reason of the ruling of any judge of the Court below that a document is insufficiently stamped or does not require to be stamped.

Order 7 Rule 6 Supreme Court Rules 2024 – Application of Order 7

Except as otherwise stated in this Order, or the context so implies, this Order shall apply to all matters whether civil or criminal.