Order 25 Court Of Appeal Rules 2021

Order 25 of the Court of Appeal Rules 2021 is about Miscellaneous. It contains the following rules:

Order 25 Rule 1 Court of Appeal Rules 2021 – Records of Appeal from Customary and Sharia Courts of Appeal

(1) Records of Appeal from the Sharia Court of Appeal or the Customary Court of Appeal intended for use in the Court, shall be compiled in English language as well as the language used in the proceedings before the court.

(2) Ten hard/physical certified copies of the Record of Appeal in English language, one certified copy of the electronic version of the Record of Appeal and three certified copies in the other language shall be forwarded to the court and in case of the electronic version, through the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered.

Order 25 Rule 2 Court of Appeal Rules 2021 – Departure from Rules

The Court may, in the interest of justice, direct a departure from these Rules.

Order 25 Rule 3 Court of Appeal Rules 2021 – Waiver of Non-compliance

(1) The Court may, where it considers it in the interest of justice so to do, waive compliance by the parties with these Rules or any part thereof; except in relation to Record of Appeal compiled in a language other than English Language.

(2) Where there is such waiver of compliance with the Rules, the Court may, in such manner as it thinks right, direct the Appellant or the Respondent as the case may be, to remedy such non-compliance or may, notwithstanding, order the appeal to proceed or give such directions as it considers necessary in the circumstance .

(3) The Registrar shall forthwith notify the Appellant or the Respondent as the case may be, of such order or directions given by the Court under this Rule where the Appellant or the Respondent was not present at the time when such order was made or directions were given.

Order 25 Rule 4 Court of Appeal Rules 2021 – List of Law Reports, Textbooks, etc.

As early as possible before the date set down for hearing of any appeal before the Court and in any event not later than two clear days before such date, all the parties or the Legal Practitioners representing them shall forward to the Registrar a list of the law reports, text books, and other authorities which parties or legal practitioners representing them intend to cite at the hearing of the appeal.

Order 25 Rule 5 Court of Appeal Rules 2021 – Application to Strike Out. etc.

(1) An application to strike out or set aside for non-compliance with these Rules, or any other irregularity arising from the Rules of Practice and Procedure in this Court, any proceedings or any document, judgment or order therein shall only be entertained by the Court if it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2) An application under this Rule may be made by motion on notice and the grounds of objection must be stated therein.

Order 25 Rule 6 Court of Appeal Rules 2021 – Rules of Court Advisory Committee

(1) There shall be constituted a body to be known as the Rules of Court Advisory Committee comprising of-
(a) Not less than five Justices of the Court one of whom shall be the Chairman; and
(b) Not less than three members of the Bar to be appointed by the President.

(2) It shall be the duty of the Committee to advise the President, from time to time, in the exercise of the powers conferred upon him by the Constitution or under any law, to make Rules for regulation or making provision with respect to practice and procedure in the Court.

(3) Every member of the Committee shall remain a member thereof for such period as the President may in his discretion prescribe, either at the time of the appointment of the member or at any time thereafter.

Order 25 Rule 7 Court of Appeal Rules 2021 – Practice Direction

The President may at any time, by notice, declare a practice of the Court as practice direction, and whenever the declaration is made, such practice direction shall be regarded as part of these Rules.