Order 4 Court Of Appeal Rules 2021

Order 4 of the Court Of Appeal Rules 2021 is about Powers of the Court and Entering of Appeal. It contains the following rules:

Order 4 Rule 1 Court of Appeal Rules 2021 – General

In relation to an appeal, the Court shall have all the powers and duties as to amendment and otherwise of the lower court, including without prejudice to the generality of the foregoing words, in civil matters, the powers of the lower court in civil matters to refer any question or issue of fact arising on the appeal for trial before or inquiry and report by, an official or special referee. In relation to a reference made to an official or special referee, anything, which can be required or authorised to be done by, to or before the lower court, shall be done by, to or before the Court.

Order 4 Rule 2 Court of Appeal Rules 2021 – Further Evidence

The Court shall have power to receive further evidence on questions of fact, either by oral examination in Court, by affidavit, or by deposition taken before an Examiner or Commissioner as the Court may direct, but, in the case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds.

Order 4 Rule 3 Court of Appeal Rules 2021 – Inference of Fact

The Court shall have power to draw inferences of fact and to give any judgment and make any order, which ought to have been given or made, and to make such further or other order(s) as the case may require, including any order as to Costs.

Order 4 Rule 4 Court of Appeal Rules 2021 – Powers not limited by Notice of Appeal

The powers of the Court under the foregoing provisions of this Rule may be exercised notwithstanding that no Notice of Appeal or Respondent’s notice has been given in respect of any particular part of the decision of the court below, or by any particular party to the proceedings in that court, or that any ground for allowing the appeal or for affirming or varying the decision of that Court is not specified in such a notice; and the Court may make any order, on such terms as the Court thinks just, to ensure the determination of the merits of the real question in controversy between the parties.

Order 4 Rule 5 Court of Appeal Rules 2021 – Powers not limited by Interlocutory Order

The powers of the Court in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.

Order 4 Rule 6 Court of Appeal Rules 2021 – Powers to make Order of Injunction

(1) The Court shall have power to make orders by way of injunctions or the appointment of a Receiver or Manager, and such other necessary orders for the protection of property or person, pending the determination of an appeal to it even though no application for such an order was made in the lower court upon the fulfillment of the following conditions to the satisfaction of the Court –
(a) an undertaking to diligently prosecute the appeal is given by the applicant;
(b) in appeal relating to monetary judgments, a bound, guarantee or other like instrument from an eligible institution, in such sum not exceeding the judgment sum, as the Court may direct, deposited as security for the judgment sum or such sum, as the Court may determine, deposited into an interest-yielding account in the name of the Chief Registrar or Deputy Chief Registrar of the Court; and
(c) in appeals relating to land, an undertaking to pay damages if the appeal is unsuccessful.

(2) Where an applicant has filed an application for stay of execution and the application is accompanied by prima facie evidence of the satisfaction of the conditions under sub-rule(1)(a), (b) and/or (c) above, no steps shall be taken to enforce the judgment appealed against, pending the determination of the application for stay of execution by the Court.

Order 4 Rule 7 Court of Appeal Rules 2021 – Impounded Documents

Documents impounded by order of the Court shall not be delivered out of the custody of the Court, except in compliance with an order of the Court; Provided that where the Attorney-General of the Federation or of a State or the Director of Public Prosecutions of the Federation or of a State makes a written request in that behalf, documents so impounded may be delivered into his custody.

Order 4 Rule 8 Court of Appeal Rules 2021 – Inspection of Impounded Documents

Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorised to do so by an order of the Court.

Order 4 Rule 9 Court of Appeal Rules 2021 – Powers of the Court as to New Trial

(1) On the hearing of any appeal, the Court may, if it thinks fit, make any such order(s) as could be made, in pursuance of an application for a new trial or to set aside a verdict, finding or judgment of the lower court.

(2) The Court shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court, some substantial wrong or miscarriage of justice has been thereby occasioned.

(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question; and if it appears to the Court that any such wrong or miscarriage of justice as is mentioned in sub-rule (2) of this Rule affects part only of the matter in controversy or one or only some of the parties, the Court may order a new trial as to the party only, or as to that party or those parties only, and give final judgment as to the remainder.

(4) In any case where the Court has power to order a new trial on the ground that damages awarded by the lower court are excessive or inadequate, the Court may in lieu of ordering a new trial-
(a) substitute for the sum awarded by the court below such sum as appears to the Court to be proper; or
(b) reduce or increase the sum awarded by the court below by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included or excluded from the sum so awarded. Except as aforesaid, the Court shall not have power to reduce or increase the damages awarded by the lower court.

(5) A new trial shall not be ordered by reason of the ruling of any Judge of the lower court below that a document is sufficiently stamped or does not require to be stamped.

Order 4 Rule 10 Court of Appeal Rules 2021 – When an Appeal is entered

An appeal is entered in the Court when the Record has been received in the Registry of the Court within the time prescribed by the Rules or within such other extended time as ordered by the Court.

Order 4 Rule 11 Court of Appeal Rules 2021 – Control of proceedings during Pendency of Appeal

(1) After an appeal has been entered and until it has been finally disposed of, the Court shall be seised of the whole of the proceedings as between the parties thereto. Except as may be otherwise provided in these Rules, every application therein shall be made to the Court and not to the lower court.

(2) Nothing in sub-rule(1) above shall be construed as required the lower court to order stay of proceedings, or adjourn sine dine, proceedings in relation to matters or proceedings in the lower court that are not impacted by or to which the appeal entered in the Court of Appeal does not relate to.