Order 13 Supreme Court Rules

Order 13 of the Supreme Court Rules 2024 is about Criminal Appeals. It contains the following rules:

Order 13 Rule 1 Supreme Court Rules 2024 – Appeals to which this Order applies

This Order shall apply to appeals from the Court below in criminal cases and to matters related thereto.

Order 13 Rule 2 Supreme Court Rules 2024 – Application by parries (Forms 24 and 25)

Except where otherwise provided in these Rules, any application to the Court may be made by the Appellant or Respondent or by a Legal Practitioner on his behalf orally or in writing, but in regard to such applications, if the Appellant is unrepresented and in custody and is not entitled or has not obtained leave to be present before the Court, he shall make any such application by forwarding same in writing to the Registrar who shall take the appropriate steps to obtain the decision of the Court thereon.

Order 13 Rule 3 Supreme Court Rules 2024 – Filing of appeal

(1) Appeals 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 and shall state clearly the part or parts of the decision being challenged and whether the appeal is against sonic decision of the Court below other than conviction or sentence.

(2) Where an application for leave to appeal has been made to and granted by the Court below, the Registrar of that court shall send to the Registrar of the Court, notification of the ruling on the application in the First Schedule to these Rules.

Order 13 Rule 4 Supreme Court Rules 2024 – Application for leave

Any ground which is vague or general in terms or which discloses no reasonable ground of appeal shall not be permitted, save the general ground that the judgment is against the evidence, and a ground of appeal or any part thereof which is not permitted under this Rule may be struck outby the Court suo motu or on application by the Respondent.

Order 13 Rule 5 Supreme Court Rules 2024 – Signing of Notice of Appeal

(1) Every Notice of Appeal or notice of application for leave to appeal or application for extension of time within which such notice shall be given, shall be signed by (he Appellant himself or by his Legal Practitioner except under the provisions of sub-rules 4 and 5 of this Rule.

(2) Any other notice required or authorised to be given shall be in writing and signed by the person giving the same or by his Legal Practitioner. All notices required or authorized to the given shall be addressed to the Registrar of the Court below to be forwarded by him to the Registrar:
Provided that, notwithstanding that the provisions of Rules 3 (1), (2), 4 and 5(1) of this Order have not been strictly complied with, the Court may in the interest of justice and for good and sufficient cause shown, entertain an appeal if satisfied that the intending Appellant has exhibited a clear intention to appeal to the Court against the decision of the Court below.

(3) Any notice or other document which is required or authorised to be given or sent shall he deemed to be duly given or sent if served in accordance with the provision of Order 3 Rule 2 of these Rules.

(4) Where an Appellant or any other person authorised or required to give or send any Notice of Appeal or notice of any application is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by such Appellant.

(5) Where on the trial of a person entitled to appeal, it has been contended that he was not responsible according to law for his action(s) on the ground that he was insane at the time the act was done or the omission made by him or that at the time of the trial he was of unsound mind and consequently incapable- of making his defence, any notice- required to be given and signed by the Appellant himself may be given and signed by his legal Practitioner.

(6) In the case of a body corporate, where any notice or other document is required to be signed by the Appellant, it shall be sufficient compliance therewith if such notice or other document is signed by the Company Secretary, Director, Manager or Legal Practitioner of such body corporate.

Order 13 Rule 6 Supreme Court Rules 2024 – Record in criminal appeals from court below in appellate jurisdiction

(1) The Record of Appeal in appeals or applications relating to appeals from the Court below acting in its appellate jurisdiction in criminal mailers shall contain legible, typed or printed copies of the following items arranged in this order:

(a) the index which shall include the particulars of the record of proceedings from the Court below;
(b) the record of proceedings including the judgment and copies of exhibit tendered before the trial Court as submitted to the Court below;

(c) the Notice of Appeal and all other relevant documents filed in connection with the appeal in the Court below;
(d) the notes of the Judges on the hearing of the appeal and minutes of the proceedings;
(e) the judgment of the Court below;