Order 16 Supreme Court Rules

Order 16 of the Supreme Court Rules 2024 is about Brief of Argument. It contains the following rules:

Order 16 Rule 1 Supreme Court Rules 2024 – Application

This Order shall apply to all appeals coming from the Court below from which an appeal lies to this Court.

Order 16 Rule 2 Supreme Court Rules 2024 – Filing of appellant’s brief

(1) The Appellant shall, within forty-five (45) days of the service on him of the Record of Appeal from the Court below, file in the Court a written brief, being a succinct statement of his arguments in the appeal.

(2) The brief which may be settled by Counsel, shall contain what are. in the Appellant’s view the issues arising in the appeal. If the Appellant is abandoning any point taken in the Court below; this shall be so stated in the brief Equally, if the Appellant intends to apply in the course of the hearing for leave to introduce a new point not taken in the Court below, this shall be indicated in the brief.

(3) If leave to file and argue additional grounds of appeal is to be sought at the hearing of the appeal it may be so indicated in the brief and the proposed additional grounds shall be stated and argued in the brief under the appropriate issue(s) arising in the appeal.

Provided that any fees payable under Order 5 Ride 1 of these Rules shall be paid to the Registrar of the Court at the time of filing the brief.

Order 16 Rule 3 Supreme Court Rules 2024 – Forms and contents of a brief

(1) At least eleven (11) physical copies of each brief and an electronic copy must be filed at the Court.

(2) The brief which may be settled by Counsel, shall contain an address or addresses for service.

(3) The arguments in the brief shall also be supported by particulars of the titles, dates and pages of cases reported in the I .aw Reports or elsewhere including the. summary of the decisions in such cases which the parties propose to rely upon. Where it is necessary, reference shall also be made to relevant statutory instruments, law books and other legal journals.

(4) The parties shall assume that briefs shall be read and considered in conjunction with the documents admitted in evidence as exhibits during the proceedings in the trial Court and the Court below and wherever necessary, reference shall also be made to all relevant documents or exhibits which they propose to rely upon in their arguments.

(5) All briefs shall be concluded with a numbered summary of the points raised and the reasons upon which the argument arc founded.

(6) Except to such extent as may be necessary for the development of the arguments, briefs need not set out or summarise the judgments of the Court below, nor set out statutory provisions, nor contain an account of the proceedings in the Court below nor of the facts of the case.

(7)-(a) Except where the Court directs otherwise, every brief to be filed in the Court shall not exceed forty-five (45) pages.
(b) The brief shall be legible, well-bound, prepared in 210mm by 297mm paper size (A4) and typed in clear typographic character. The font type shall be in Arial, Times New Roman or Tahoma of 14 font size with at least 1.5 spacing between.
(c) Every brief, whether in physical or electronic form, which does not comply with the page limit and page size requirements of this Order shall not be accepted by the Registry for filing. Where it is accepted it shall not be deemed as properly filed.

Order 16 Rule 4 Supreme Court Rules 2024 – Filing of respondent’s briefs

(1) The Respondent shall also within thirty (30) days of the service of the brief of the Appellant on him. Hie the Respondent’s brief which shall be duly endorsed with an address or addresses for service.

(2) The Respondent’s brief shall answer all material points of substance contained in the Appellant’s brief and contain all points raised therein which the Respondent wishes to concede as well as reasons why the appeal ought to be dismissed. It shall mutalis mutandis also conform to Rule 3 (2), (3), (4), (5), (6) and (7) of this Order.