Order 2 Court Of Appeal Rules 2021

Order 2 of the Court Of Appeal Rules 2021 is about Service. It contains the following rules:

Order 2 Rule 1 Court of Appeal Rules 2021 – Service of Notice of Appeal

(a) Every Notice of Appeal shall, subject to the provisions of Order 2 Rules 8, be served on the Respondent personally or by electronic mail to the electronic mail address of the Respondent; Provided that if the Court is satisfied that the Notice of Appeal has in fact been communicated to the Respondent, no objection to the hearing of the appeal shall lie on the ground that the Notice of Appeal was not served in accordance with this Rule.

(b) Except as may be otherwise provided in these Rules or in any other written law, it shall not be mandatory for notices, orders, summonses, warrants or other processes of the Court to be served personally.

Order 2 Rule 2 Court of Appeal Rules 2021 – Service of Notice on Parties Mentioned

(1) The Registry of the Lower Court or the Appellant shall, after the Notice of Appeal has been filed, cause to be served a true copy thereof upon each of the parties mentioned in the Notice of Appeal, but it shall not be necessary to serve any party not directly affected: Provided that the Court may, suo motu or on the application of any person claiming to be affected, direct notice to be served on all or any parties to the action or other proceeding or upon any person not a party and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just and make such order(s) as might have been made if the persons served without notice had been originally parties to the appeal.

(2) In any case in which the Court directs that the Notice of Appeal shall be served on any party or person, the Court may also direct that any Respondent’s Notice shall be served on such person.

(3) Where a Notice of Appeal is served on the Respondent by the Bailiff of the Court, the Bailiff’s shall duly file an affidavit of such service at the Registry of the Court.

Order 2 Rule 3 Court of Appeal Rules 2021 – Notice of Appeal and Address of Service

Where in any proceeding in the Lower Court, a party has given a physical or electronic address for service, notice of any application preparatory or incidental to any such appeal, may be served in like manner as a Notice of Appeal under Rule 1(a) of this Order.

Order 2 Rule 4 Court of Appeal Rules 2021 – Respondent’s Notice of Address for Service

(1) Every person who by virtue of service on him of a Notice of Appeal becomes a Respondent to any appeal shall within fourteen(14) days after service on him of the Notice of Appeal, file ten(10) hard copies and an electronic copy of a notice of his full and sufficient address for service with the Registrar of the Lower Court. The Registrar of the Lower Court shall forthwith send a copy of the notice of address to the Registrar and shall cause a copy thereof to be served on the Appellant.

(2) Such notice may be signed by the Respondent or his legal representative. The electronic signature of the Respondent or his legal representative shall suffice for the electronic version of the notice.

Order 2 Rule 5 Court of Appeal Rules 2021 – Address for Service

Any reference in these Rules to an address for service means a physical or postal address within the Federal Republic of Nigeria or an electronic mail address or a facsimile number or telephone number or any other mode of communication as may become available to where notices and other processes, which are not required to be served personally, may be left or sent or posted or transmitted.

Order 2 Rule 6 Court of Appeal Rules 2021 – Endorsement of Address of Service

Where under these Rules, any notice or other process is required to have an address for service endorsed on it; it shall not be accepted for filing by the Registry of the Lower court or the Registry of the Court, or where accepted, it shall not be deemed to have been properly filed in so far as such address has been endorsed on it.

Order 2 Rule 7 Court of Appeal Rules 2021 – Mode of Service

Where under these Rules any person has given an address for service, inclusive of an electronic mail address, any notice or other process shall be sufficiently served upon him if –
(a) left at that address, or
(b) sent by registered post to that address and in which case if the date of service by post is material, Section 26 of the Interpretation Act shall apply, or
(c) transmitted by electronic means to the electronic mail address or facsimile number or telephone number or any other mode of electronic communication.

Order 2 Rule 8 Court of Appeal Rules 2021 – Change of Address and Notification of Change

Any party to an appeal or intended appeal may change his address for service at any time, by filing and serving on the Court and other parties to the appeal or intended appeal, notice of such change.

Order 2 Rule 9 Court of Appeal Rules 2021 – Address of Legal Practitioner

Where any person has given the address of a Legal Practitioner as his address for service and the Legal Practitioner is not, or has ceased to be instructed by him for the purpose of the proceedings concerned, it shall be the duty of the Legal Practitioner to inform the Registrar as soon as may be practicable that he is not or no longer authorised to accept service on behalf of such person, and if he fails or omits to do so, he may be ordered to personally pay any costs occasioned thereby.

Order 2 Rule 10 Court of Appeal Rules 2021 – Ex-Officio Service

Where a Minister or Commissioner, or the Attorney-General, or the Director of Public Prosecutions, or any other public officer of the Federal Republic of Nigeria or of a State thereof is a party ex-officio or as representing the Federal or a State Government, in any proceedings in the Court, whether civil or criminal, any notice or other document may be served on him by leaving it at or by sending it by registered post to his chambers or office, or electronically and service in this manner shall be as effective as if it were personal service.

Order 2 Rule 11 Court of Appeal Rules 2021 – Service outside Jurisdiction

(1) Where any person out of the jurisdiction of the Court is a necessary or proper party to an appeal before the Court and it is necessary to serve him with the Notice of Appeal or other document relating to the appeal, the Court may allow service of the Notice of Appeal or such other document out of the jurisdiction.

(2) Every application for an order for leave to serve a Notice of Appeal or other document on a person out of the jurisdiction shall be supported by affidavit or otherwise showing in what place or country such a person is or may be found and the grounds upon which the application is made.

(3) Any order granting leave to effect service out of the jurisdiction of the Court shall prescribe the mode of service, and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence of such service thereof.