Order 7 Court Of Appeal Rules 2021

Order 7 of the Court of Appeal Rules 2021 is about Notice and Grounds of Civil Appeals. It contains the following rules:

Order 7 Rule 1 Court of Appeal Rules 2021 – Applications

Part 2 of this Rules shall apply to appeals to the Court from any Court or Tribunal acting either in its original or its appellate jurisdiction in civil cases, and to matters related thereto.

Order 7 Rule 2 Court of Appeal Rules 2021 – Contents and Requirements of Notice of Appeal (Form 5)

(1) All appeals shall be by way of rehearing and shall be brought by notice (hereinafter called “the Notice of Appeal”) to be filed physically or electronically in the Registry of the lower court, which shall set forth the grounds of appeal, stating whether the whole or part only of the decision of the lower court is complained of (in the latter case specifying such part) and shall state also the exact nature of the relief sought and the names and addresses of all parties directly affected by the appeal, which shall be accompanied by a sufficient number of copies for on such parties.

(2) Where a ground of appeal alleges misdirection or error in Law, the particulars and the nature of the misdirection or error shall be clearly stated.

(3) The Notice of Appeal shall set forth concisely and under distinct heads, the grounds upon which the Appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

(4) The Notice of Appeal shall be signed by the Appellant or his legal representative.

Order 7 Rule 3 Court of Appeal Rules 2021 – Vague Grounds

Any ground which is vague or general in terms or which discloses no reasonable ground of appeal shall not be permitted, save the general ground that the judgment is against the weight of the evidence. A ground of appeal or any part thereof which is not permitted under this Rule may be struck out by the Court suo motu or on application by the Respondent.

Order 7 Rule 4 Court of Appeal Rules 2021 – Grounds outside Notice

The Appellant shall not without the leave of the Court urge or be heard in the support of any ground of appeal not mentioned in the Notice of Appeal, but the Court may in its discretion, all the Appellant to amend the grounds of appeal upon payment of fees prescribed for making such amendment and upon such terms as the Court may deem just.

Order 7 Rule 5 Court of Appeal Rules 2021 – Court not restricted by grounds

Notwithstanding the foregoing provisions, the Court in deciding the appeal shall be confined to the ground set forth by the Appellant: Provided that the Court shall not if it allows the appeal, rest its decision on any ground not set forth by the Appellant unless the Respondent has had sufficient opportunity of contesting the case on that ground.

Order 7 Rule 6 Court of Appeal Rules 2021 – Striking out Notice

The Court shall have the power to strike out a Notice of Appeal when an appeal is not competent or for any other sufficient reason. Provided that where the incompetence is not a fundamental defect, the Court may direct a party to rectify any defect in the Notice of Appeal and limited the time within which the defect shall be rectified.

Order 7 Rule 7 Court of Appeal Rules 2021 – Endorsement as to fees

The Registrar of the lower court shall endorse and/or acknowledged the fees, receipt number and the date of payment in respect of both the physical and electronic version of the Notice of Appeal.

Order 7 Rule 8 Court of Appeal Rules 2021 – Amendment of Notice of Appeal

A Notice of Appeal may be amended by or with the leave of the Court at any time.

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