Order 3 Court Of Appeal Rules 2021

Order 3 of the Court of Appeal Rules 2021 is about Registrars, Registries and Sessions. It contains the following rules:

Order 3 Rule 1 Court of Appeal Rules 2021 – Chief Registrar

The Chief Registrar shall have the custody of the records, both physical and electronic, of the Court and shall exercise such other functions as are assigned to him by these Rules and by such directions as the President may give from time to time.

Order 3 Rule 2 Court of Appeal Rules 2021 – Other Registrars

The President may assign, and the Chief Registrar may, with the approval of the President, delegate to the Deputy Chief Registrar or to any Registrar of the Court any function required by these Rules to be exercised by the Chief Registrar

Order 3 Rule 3 Court of Appeal Rules 2021 – Powers of the Chief Registrar

Except as may be otherwise provided in the Constitution, or in any other enactment, the Chief Registrar shall have powers and duties as are given him by these Rules or such further powers and duties as the President may direct

Order 3 Rule 4 Court of Appeal Rules 2021 – Seal of the Court

The Court shall have use, as the occasion may require, a steal having a device or impression approved by the President and bearing the inscription “The Court of Appeal” or an electronic version of it

Order 3 Rule 5 Court of Appeal Rules 2021 – Custody of the Seal

The Seal of the Court, both physical and electronic versions, shall be kept in the custody of the President who may entrust same or a duplicate or electronic version of it to such officers of the Court as the President may think fit.

Order 3 Rule 6 Court of Appeal Rules 2021 – Duties of the Registrar

(1) The Registrar shall keep-
(a) A Criminal Appeal Book; and
(b) A Civil Appeal Book ;
each of which shall be in both manual and electronic format and shall contain an index in alphabetical order.

(2) The following particulars shall be entered in the Criminal Appeal and the Civil Appeal Books-
(a) the number of the appeal or application;
(b) the names of the Appellant or Applicant and the Respondent;
(c) Court from which the appeal is brought;
(d) the name of Counsel;
(e) the subject matter of the Appeal or application;
(f) the date, place and mode of hearing of the appeal;
(g) the judgment of the Court; and
(h) any subsequent proceedings and remarks.

Order 3 Rule 7 Court of Appeal Rules 2021 – Files of Documents

(1) As soon as Notice of Appeal is delivered, the Registrar shall prepare a file in which documents relating to the appeal shall be filed and on the front page thereof shall be recorded particulars of such documents, date and time of receipt.

(2) Pursuant to Order 20 Rule 10 of these Rules, the Registrar shall furnish to the Electronic Unit of the Registry of the Court, copies of filed processes in an appeal to enable the Electronic Unit of the Registry of the Court prepare an electronic file in which filed processes and documents relating to the appeal shall be uploaded and stored for access by the Justices of the Court.

Order 3 Rule 8 Court of Appeal Rules 2021 – Setting aside or varying Orders of Registrar

Any person aggrieved by any act or Order of the Registrar and who intends to have the act or order complained of, set aside or varied, may write to the Court, setting out the complaint, the ground for the complaints, the relief sought and the Court shall deal with the complaint administratively.

Order 3 Rule 9 Court of Appeal Rules 2021 – Registries and Filing of Process

(1) The Registry of each Judicial Division of the Court shall be situate in a place within which the Judicial Division of the Court is established or such other place(s) as may be designated by the President from to time.

(2) Except when otherwise expressly provided, all documents and processes relating to an appeal shall be filed in the Registry of the Judicial Division of the Court where the appeal is entered; Provided that whilst the Court is sitting in any Judicial Division or other place of session, any documents or proceedings in connection with a matter to be dealt with at such Division or other place of session may be filed with the Registrar of the Court at such a place.

(3) A document or process relating to an appeal may be filed, physically or electronically, in the Registry of the Judicial Division of the Court where the appeal is entered or such other place of session either by being delivered there by the party or his legal representative or agent in person or by registered post or by electronic means.

Order 3 Rule 10 Court of Appeal Rules 2021 – Hours of Opening of Registry

The Registries of the Court shall, subject to the directions of the President, be open to the public everyday in the year from eight o’ clock in the forenoon to two o’ clock in the afternoon, except on Saturdays and Sundays or on any day declared a public holiday under any written law.

Order 3 Rule 11 Court of Appeal Rules 2021 – Sessions and appearance of Counsel at Sessions

(1) Sessions of the Court may be convened and constituted, and the Sessions, time, venue and forum for all sessions and for hearing interlocutory applications shall be settled in accordance with general or specific directions to be given by the President.

(2) The Court shall regulate the number of Counsel who may appear before it in any matter: Provided that –
(a) A Senior Advocate of Nigeria shall not appear with more than Five(5) Counsel;
(b) Where more than one Senior Advocate of Nigeria appears for the same party in a matter, the number of Counsel appearing with them shall not be more than five; and
(c) Other Learned Counsel shall not appear with more than two Juniors

(3) Learned Counsel shall, at all time, comply with the directives of the Court.

Order 3 Rule 12 Court of Appeal Rules 2021 – Publication of Cause List

(1) The Registrar shall publish every Friday, a weekly cause list, on the official Notice Board in the Judicial Division of the Court and on the official website of the Court, which shall set out the arrangement of fixture of causes for hearing on each day during the following week.

Notification of Sittings.
(2) The sittings of the Court and the matters to be disposed of at such sittings shall be notified to the parties through their addresses for service, both physical and electronic mail address, available to the Court: Provided that the Court may in its discretion hear any appeal and deal with any other matter, whether or not the same has been published by the Registrar.

Order 3 Rule 13 Court of Appeal Rules 2021 – Adjournments

The Court may, at any time on application or of its own motion, adjourn any proceedings pending before it from time to time and from place to place.

Order 3 Rule 14 Court of Appeal Rules 2021 – Reservation of days for Judgment

The Presiding Justice of a Division of the Court may direct that a certain day of the week be reserved in the weekly cause list for delivery of rulings and judgments.