Order 1 Court Of Appeal Rules 2021

Order 1 of the Court Of Appeal Rules 2021 is about General Rule. It contains the following rules:

Order 1 Rule 1 Court Of Appeal Rules 2021 – Short Title

These Rules may be cited as the Court of Appeal Rules, 2021 and shall come into force on the 1st day of November, 2021.

Order 1 Rule 2 Court Of Appeal Rules 2021 – Repeal

The Court of Appeal Rules, 2016 is hereby repealed.

Order 1 Rule 3 Court Of Appeal Rules 2021 – Conflict with State Rules of Practice

The practice and procedure of the Court shall, subject to the Act as prescribed by these Rules notwithstanding any rule of practice to the contrary obtaining in any of the States of the Federation.

Order 1 Rule 4 Court Of Appeal Rules 2021 – Forms

The forms set out in the First and Second Schedules to these Rules, or forms as near thereto as circumstances permit, shall be used in all cases to which such forms are applicable.

Order 1 Rule 5 Court Of Appeal Rules 2021 – Interpretation

In these Rules, unless it is otherwise expressly provided or required by the context-

“Act” means the Court of Appeal Act;
“ADR” means Alternative Dispute Resolution;
“Appeal” means the filing of Notice of Appeal , and includes an application for leave to appeal;

“Appellant” means any person who appeals from a decision of the Lower Court and includes a Legal Practitioner representing such a person in that behalf;
“Applicant” means any person who applies to the Court for an Order;
“Bailiff” means a person authorized to serve court processes and carry out such function(s) as the Court may, from time to time, assign to him. Also includes any Special Bailiff appointed by the Court;
“CAADRC” means Court of Appeal Alternative Dispute Resolution Centre;
“CAADRP” means Court of Appeal Alternative Dispute Resolution Programme;
“Cause” includes any action, suit or other proceedings between an Appellant and a Respondent or any Applicant and a Respondent;

”Chief Registrar” means the Chief Registrar of the Court;
“Committee” means the Rules of Court Advisory Committee established under these Rules;
“Constitution” means the Constitution of the Federal Republic of Nigeria, 1999 (as amended)
“Cost on full indemnity basis” means cost to indemnify a party for expenses reasonably incurred in an appeal up to the time of striking out or dismissing an appeal or an application for lacking in merit;
“Court” means the Court of Appeal;
“Court sitting” includes the physical and virtual sitting of the Court;

“Decision” means, in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence, verdict or recommendation;
“Electronic devices” includes, flash drives, compact disks, media card or such similar devices used in the typing, or production of the Record of Appeal;

“Eligible Institution” includes insurance companies, suretyship companies, banks or other financial institution;
“Indigent Person” means a person whose annual income is less than the annual wage of persons in Grade Level 01 in the civil service of the Federation;
“Judgment” includes a decision or an order;
“Justice” means Justice of the Court of Appeal including the President;
“Legal representative” means a person admitted to practise in the Supreme Court who has been retained by or assigned to a party to represent him in the proceedings before the Court;
“Lower Court” means the court from which an appeal is brought;
“Out of the jurisdiction of the Court” means outside the territory of the Federal Republic of Nigeria;

“President” means the President of the Court of Appeal;
“Presiding Justice” means any Justice of the Court of Appeal duly designated by the President to take charge of a Judicial Division of the Court;
“Record” means anything or process –
(a) on or by which information is recorded or stored by the Court; or
(b) by means of which a meaning can be conveyed by any means in a visible or recoverable form, whether or not the use or assistance of some digital, electronic, electrical, mechanical, chemical or other derive or process in required to recover or convey the information or meaning;
“Registrar” means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, Principal Registrar, Senior Registrar, Registrar of the Court or any other officer of the Court (by whatever title called) exercising functions analogous to those of a Registrar of the Court;

“Registrar of the Lower Court” means the Chief Registrar or other administrative staff (however called) of the Lower Court;
“Respondent” in a civil appeal means, any party (other than the Appellant or Applicant) directly affected by the appeal or application; and in a criminal appeal, means the person who undertakes the defence of the judgment appealed against and includes a Legal Practitioner representing such a person in the proceedings before the Court;
“Rules” means these Rules or any amendment thereto or any other additional Rules made under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and include the Fees and Forms as contained in the Schedules to these Rules;

“Supreme Court” means the Supreme Court of Nigeria; and
“Virtual hearing” means proceedings of the Court conducted electronically or through the use of electronic or audio-visual means