Order 6 Court Of Appeal Rules 2021

Order 6 of the Court of Appeal Rules 2021 is about Applications To Court. It contains the following rules:

Order 6 Rule 1 Court of Appeal Rules 2021 – Form of application (Form 3)

(a) Every application to the Court shall be by notice of motion, stating the Rule under which it is brought, the grounds for the reliefs sought and shall be supported by an affidavit and a Written Addess: Provided that the Respondent(s) shall have five(5) days within which to file processes in response (if any) to the notice of motion and the Applicant shall have three(3) days to file a reply (if any) to the processes of the Respondent(s)

(b) Each written address shall not exceed five(5) pages and the reply on point of law shall not exceed three(3) pages.

Order 6 Rule 2 Court of Appeal Rules 2021 – Application for Leave

Any application to the Court for leave to appeal (other than an application made after the expiration of the time for appealing) shall be by notice of motion, which shall be served on the party or parties, affected.

Order 6 Rule 3 Court of Appeal Rules 2021 – Application refused in Lower Court

Where an application has been refused by the lower court, an application for a similar purpose may be made to the Court within fifteen(15) days after the date of the refusal.

Order 6 Rule 4 Court of Appeal Rules 2021 – Applications, where first made

Wherever under these Rules an application may be made either to the lower court or to the Court, it shall not be made in the first instance to the Court, except where there are special circumstances, which make it impossible or impracticable to apply to the court below.

Order 6 Rule 5 Court of Appeal Rules 2021 – Filing of Notice of Appeal after leave

Where leave to appeal is granted by the Court or by the lower court, the Appellant shall file a Notice of Appeal within the time prescribed by the Court of Appeal Act

Order 6 Rule 6 Court of Appeal Rules 2021 – Extension of time for timely application

Where an application for leave to appeal from a decision of the court below has been brought within the time prescribed by the Court of Appeal Act but has not been heard within that period, the Court, if satisfied that there has not been an unreasonable delay in bringing the application, may extend time to appeal and in proper case, grant leave to appeal.

Order 6 Rule 7 Court of Appeal Rules 2021 – Requirement of application for leave (Form 4)

The application for leave to appeal from a decision of lower court shall contain copies of the following items, namely-
(a) notice of motion for leave to appeal (Form 4):

(b) a certified true copy of the decision of the court below sought to be appealed against ;

(c) a copy of the proposed grounds of appeal; and

(d) where leave has been refused by the lower court, a copy of the order refusing leave.

Order 6 Rule 8 Court of Appeal Rules 2021 – Time to Argue Motion

(1) Except with the leave of the Court, a maximum of fifteen(15) minute on each side will be allowed for oral argument on any application.

(2) Where the parties have filed written address and other relevant process in relation to an application, any of the parties or their legal representatives do not appear on the day fixed for hearing of the application, the application will be treated as having been duly argued; provided that the application will still be treated as argued even where a party has failed to file his processes and the time limited for filing has expired.

Order 6 Rule 9 Court of Appeal Rules 2021 – Enlargement of Time

(1) The Court may enlarge the time provided by these Rules for the doing of anything to which these Rules apply except as it relates to the taking of any step or action under Order 16.

(2) Every application for an enlargement of time within which to appeal shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard. When time is so enlarged a copy of the Order granting such enlargement shall be annexed to the Notice of Appeal.

Order 6 Rule 10 Court of Appeal Rules 2021 – When to bring an application to set aside a Judgment or Ruling

An application to set aside any judgment or ruling shall not be brought unless it is filed within fourteen days from the date of delivery of such judgment or ruling or such longer period as the Court may allow for good cause.

Order 6 Rule 11 Court of Appeal Rules 2021 – Incompetent Application

Cost shall be awarded against a counsel that allows an incompetent application by an Application without bring it to the notice of the court thereby wasting the time of the court.

Order 6 Rule 12 Court of Appeal Rules 2021 – Appeal when brought

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