Order 13 Court Of Appeal Rules 2021

Order 13 of the Court of Appeal Rules 2021 is about Proceedings by Indigent Persons. It contains the following rules:

Order 13 Rule 1 Court of Appeal Rules 2021 – Application for Leave

Any party may apply to the Court for leave to prosecute or defend an appeal as an indigent person. Such application shall be by notice of motion, supported by an affidavit, and shall be served on the other parties to the proceedings. No fee shall be payable on filing, any such order.

Order 13 Rule 2 Court of Appeal Rules 2021 – Conditions for Leave

No party shall be permitted to proceed with the prosecution or defence of an appeal as an indigent person unless he satisfies the Court that he is indigent.

Order 13 Rule 3 Court of Appeal Rules 2021 – Effect of Leave

A person permitted to proceed with the prosecution or defence of an appeal as an indigent person shall not be liable to pay any of the Court prescribed by these Rules or be required to make the deposit against costs as prescribed by Order 8 Rule 11.

Order 13 Rule 4 Court of Appeal Rules 2021 – Review of Leave

The Court may for good cause shown, review, rescind or vary an order permitting any person to proceed with the prosecution or defence of an appeal as an indigent person

Order 13 Rule 5 Court of Appeal Rules 2021 – Costs in Proceedings by Indigent Persons

(1) Leave to proceed with the prosecution or defence of an appeal as an indigent person shall not exempt such person from liability to an order for costs in favour of his opponent.

(2) Where an indigent person is not awarded costs in the proceedings, no fees shall be taken from him by a legal representative assigned to him by the Court.

(3) Where an indigent is awarded costs against his opponents, he shall be entitled to include and receive in such costs the fees of any legal representative assigned to him by the Court and all other fees and costs remitted by his admission to proceed with the prosecution or defence of an appeal as an indigent person.