Order 18 Court Of Appeal Rules 2021

Order 18 of the Court of Appeal Rules 2021 is about Appeals from Courts Martial and Tribunals. It contains the following rules:

Order 18 Rule 1 Court of Appeal Rules 2021 – Notice of Appeal and other Notices

(1) A person desiring to appeal to the Court against any decision of the lower court shall commence his appeal by sending to the Registrar of the lower court or other person or body imbued with or who performs such functions and powers as the registrar of a regular court, a Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notice respectively set forth as forms 1, 2, 3, 4, 5 or 7 in the Second Schedule to these Rules.

(2) A person sending any notice or notices under this Order shall answer the questions and comply with the requirements set forth therein.

(3) The Court may of its own motion or on the application of the Appellant amend the notice or grounds of appeal and may grant leave to the Appellant to argue additional or amended grounds of appeal: Provided that, if, in the opinion of the Court, due notice of such amended or additional grounds of appeal to the Respondent is necessary but had not been given, the Court may adjourn the appeal or make such order(s) as it may deem fit in the circumstances.

Order 18 Rule 2 Court of Appeal Rules 2021 – Signing of Notice of Appeal and other Notices

(1) Every Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, shall be signed by the Appellant himself or his Legal Representative, except as stipulated under sub-rule (3) of this rule.

(2) Any notice or other document which is required or authorised to be given or sent shall be deemed to be duly given or sent if forwarded by registered post or electronic means addressed to the person to whom such notice or other document is so required or authorised to be given or sent.

(3) 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.

Order 18 Rule 3 Court of Appeal Rules 2021 – When an Appeal is Brought

An appeal shall be deemed to have been brought when the Notice of Appeal has been filed in the Registry of lower court.

Order 18 Rule 4 Court of Appeal Rules 2021 – Applications for Extension of Time

(1) An application to the Court for an extension of time within which notices may be given shall be in Form 7 in the Second Schedule to these Rules. Every person making an application for such extension of time shall send to the Registrar of the Court, in the proper format of such application, a form duly filled, of Notice of Appeal, or notice of application for leave to appeal, or extension of time to appeal appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.

(2) Where the Court has, on a notice of application for leave or extension of time to appeal, duly sent and in the Form provided under these Rules, given an Appellant leave to appeal, it shall not be necessary for such Appellant to give any Notice of Appeal but the notice of application for leave to appeal shall in such a case be deemed to be a Notice of Appeal.

Order 18 Rule 5 Court of Appeal Rules 2021 – Certificate of Conviction: When Registrar not to issue

The Registrar of the lower court shall not issue, under any law authorising him so to do, a certificate of conviction of any person convicted in the lower court once a Notice of Appeal or notice of application for leave to appeal or notice of extension of time to appeal is given, until the determination or abandonment of such notice.

Order 18 Rule 6 Court of Appeal Rules 2021 – Record of Appeal

(1) When-
(a) the Registrar of the lower court has received a Notice of Appeal or an application to the Court for leave to appeal or for extension of time within which such notice shall be given; or
(b) the lower court has granted leave to appeal, the Registrar of the lower court shall –
(i) within 60 days of the filing of the Notice of Appeal, prepare the Record of Appeal in the manner prescribed in these Rules, encrypt and transmit it electronically to the Court through the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered: Provided that ten hard/physical copies of the Record of Appeal shall also be transmitted for the records of the Court;
(ii) forward the original exhibits in the case as far as practicable and any original depositions, information, inquisition, plea, or other documents usually kept by him or forming part of the record of the lower court together with the originals of any recognisances entered into or any other documents filed in connect with the appeal or application; and
(iii) Subject to the provisions of Rule 9 of this Order, the Registrar of the lower court shall forward to the parties in the appeal hard/physical and electronic copies of the Record.

(2) The Court may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as it may impose.

(3) The Record of Appeal in appeals or applications relating to appeals from the lower court shall be legible and contain the following items arranged in this order –
(a) the index;
(b) the charge or information ;
(c) proof of evidence ;
(d) notes of evidence and minutes of the proceedings: Provided that if an electronic recording of hearing has been taken, a copy of the transcript thereof may be included, either in addition to or in substitution of the Judge’s notes, as he may direct ;
(e) the judgment or any additional ground or explanation thereof;
(f) the proceedings on or after sentence in so far as not included in the notes of hearing or minutes of proceedings;
(g) all documentary exhibits put in at the trial including depositions read in consequence of the absence of a witness: Provided that in the cases of books of accounts or other documents of great length, extracts of the relevant portions thereof only shall be included; and
(h) the Notice of Appeal or notice of application for leave to appeal or notice of application for extension of time in which such notice shall be given.

(4) It shall not be necessary for the Record of Appeal to contain copies, of any recognisances entered into or documents filed in connection with the appeal or application other than those set out in sub-rule (1) of this Rule unless the lower court shall otherwise direct.