Order 8 Court Of Appeal Rules 2021

Order 8 of the Court of Appeal Rules 2021 is about Compilation and Transmission of Records. It contains the following rules:

Order 8 Rule 1 Court of Appeal Rules 2021 – Compilation by Registrar

The Registrar of the court below shall within sixty days after the filing of a Notice of Appeal compile and transmit the Record of Appeal to the Court.

Order 8 Rule 2 Court of Appeal Rules 2021 – Summons to settle Records (Form 6)

Pursuit of Rule 1 above, the Registrar of the lower court shall within fourteen (14) days from the filing of the Notice of Appeal, summon the parties before him to –
(a) settle the documents to be included in the Record of Appeal; and

(b) fix the amount to be deposited by the Appellant to cover the estimated cost of preparing and forwarding the Record of Appeal.

Order 8 Rule 3 Court of Appeal Rules 2021 – Settlement in absence of parties

(1) Whether any of the parties attend or not, provided the notice has been duly served on the parties to the appeal, the Registrar of the lower court shall proceed to prepare the Record of Appeal by settling and determining the matters stated in Rule 2(a) and (b) of this Order, encrypt and transmit the Record of Appeal electronically to the Court through the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered: Provided that ten physical copies of the Record of Appeal shall also be transmitted to the Court.

(2) Documents or processes in every electronic version of the Record of Appeal prepared under these Rules shall be recorded, scanned or stored in a searchable but not editable form.

Order 8 Rule 4 Court of Appeal Rules 2021 – Mandatory compilation by Appellant

(1) Where at the expiration of sixty(60) days after the filing of the Notice of Appeal and following notification by the Appellant, the Registrar has failed and or neglected to compile and transmit the Records of Appeal in accordance with the preceding provisions of this Rule, it shall become mandatory for the Appellant to compile the records of all documents and exhibits necessary for his appeal, encrypt and transmit the Record of Appeal electronically to the Court though the official electronic mail address of the Registry of the Judicial Division of the Court where the appeal is to be entered, within thirty(30) days after the Registrar’s failure or neglect; with ten(10) physical copies of the Record of Appeal also transmitted to the Court.

(2) Upon regularization, records filed out of time shall be deemed to have been filed within the ninety day period as stated in Rule 4(1) of this order and not on the day the application for extension of time was granted.

Order 8 Rule 5 Court of Appeal Rules 2021 – Service of Record of Respondent

The Record of Appeal compiled by the Appellant shall be physically served on the Respondent or Respondents within the thirty(30) day-period stipulated for transmitting such Records of Appeal to the Court.

Order 8 Rule 6 Court of Appeal Rules 2021 – Departure from the Rules

(1) Where a Notice of Appeal has been filed, the Respondent may apply for a departure from the Rules to compile and transmit the records of appeal to allow for an accelerated hearing and determination of the appeal

Filing Additional Record of Appeal.

(2) Where any party to the appeal considers that there are additional records which may be necessary in disposing of the appeal, he shall be at liberty, within fifteen (15) days of the service on him of the Records of Appeal, to compile and transmit to the Court such records to be known as the Additional Records of Appeal.

Order 8 Rule 7 Court of Appeal Rules 2021 – Contents of Record of Appeal

Every Record of Appeal or Additional Record of Appeal shall contain the following documents in the order set out-
(a) the index ;

(b) a statement giving brief particulars of the case and including a schedule of the fees paid;

(c) copies of the documents settled and compiled for inclusion in the Record of Appeal ;

(d) a copy of the Notice of Appeal and other relevant documents filed in connection with the appeal.

Order 8 Rule 8 Court of Appeal Rules 2021 – Exclusion of irrelevant Records

The Registrar of the lower court or the Appellant in compiling the Record of Appeal shall endeavour to exclude from the record all documents (more particularly such as are merely formal) that are not relevant to the subject matter of the appeal and generally to reduce the bulk of the Record of Appeal as far as practicable, taking special care to avoid duplications of documents and unnecessary repetition of headings and other merely formal parts of documents; but the documents omitted to be copied shall be enumerated in a list at the end of the Record of Appeal and where part or only parts of any lengthy document is directly relevant to the subject matter of the appeal, it shall be permissible to omit to copy such part of the document as are irrelevant to the subject matter of the appeal nor necessary for the proper understanding of the part or parts that are so relevant.

Order 8 Rule 9 Court of Appeal Rules 2021 – Certification of Records

Every Record of Appeal or Additional Record of Appeal compiled by a party to an appeal must be certified by the Registrar of the lower court, before it physical or electronic transmission to the Court: Provided that it shall not be necessary for copies of individual documents to be separately certified, but the Registrar of the lower court shall certify as correct each copy of the Record of Appeal transmitted in accordance with these Rules.

Order 8 Rule 10 Court of Appeal Rules 2021 – Transmission of Records (Forms 7 and 8)

(1) Where the Record of Appeal is compiled by the Registrar of the lower court under Rule 1 of this Order, he shall transmit the Record within the time stipulated for compilation and transmission under Rule 1. The Record shall be transmitted together with-
(a) a certificate of service of the Notice of Appeal and the Record of Appeal; and
(b) a physical or electronic case file of the case in the lower court containing all the papers or documents filed by the parties in connection therewith, to the Registrar of the Court.

Certificate of Service of Records of Appeal (Form 8)
(2) Where the Record of Appeal is compiled by the Appellant under Rule 4 of this Order, he shall transmit the record within the time stipulated for compilation and transmission by an Appellant under Rule 4. The Record of Appeal shall be transmitted in compliance with Rule 10 (1).

(3) The Registrar of the lower court or the Appellant, as the case may be, shall within seven (days) of the transmission of the Record of Appeal to the Court, cause to be served on all parties mentioned in the Notice of Appeal, a notice that the Record of Appeal has been transmitted to the Registrar of the Court who shall in due course enter the appeal in the cause list.

Order 8 Rule 11 Court of Appeal Rules 2021 – Deposit against Costs

(1) Upon the transmission of the Record of Appeal, whether by the Registrar of the lower court or by the Appellant, the Appellant shall, within such time as the Registrar of the Court shall direct, deposit not less than Fifty Thousand Naira (N50,000.00) with the Deputy Chief Registrar of that Division for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the Appellant; Provided that no deposit shall be required where the deposit would be payable by the Government of the Federal Republic of Nigeria or of a State, or by any Government department.

(2) Where the sum deposited in accordance with the preceding sub-rule is depleted in the course of the prosecution of the appeal, the Registrar shall summon the Appellant to replenish the deposit.

Order 8 Rule 12 Court of Appeal Rules 2021 – Additional Deposit against Costs

(1) Where the Registrar fails to direct any deposit against costs or where the sum directed is inadequate or for any other reason the Court, upon application by the Respondent, may order that deposit or additional deposit be made.

(2) Where the Court deems appropriate, it may, upon application by the Appellant, order deposit against cost to be made by a Respondent.

Order 8 Rule 13 Court of Appeal Rules 2021 – Production of Documentary Exhibits

Subject as hereinafter provided, each party shall, immediately after an appeal becomes pending before the Court, deliver to the Court, documents (being exhibits in the case or which were tendered as exhibit admitted or rejected) which are in his custody or were produced him at the trial.

Order 8 Rule 14 Court of Appeal Rules 2021 – Production of Non-Documentary evidence

Subject as hereinafter provided, each party to an appeal shall prepared to produce at the hearing of the appeal, all exhibits, other documents, which are in his custody or were produced or put in by him the trial.

Order 8 Rule 15 Court of Appeal Rules 2021 – Registrar’s directive where exhibit not produced

In case any party finds it difficult to comply with the provisions of Rules 13 and 14 of this Order, owing to the nature of documents or exhibit or owing to its being in the possession of a third party or for any reason; he may apply to the Registrar of the Court for directions.

Order 8 Rule 16 Court of Appeal Rules 2021 – Directive of Registrar in Respect of Exhibits

The Registrar of the Court may, either of his own motion or upon application, give any directions he sees fit, whether dispensing with provisions of Rules 13 and 14 or modifying its application in any way or securing compliance with it.

Order 8 Rule 17 Court of Appeal Rules 2021 – Custody of Exhibits

All original documents delivered to the Court under this Rule shall remain in the custody of the Court until the determination of the appeal; Provided that the Court or Registrar may allow the return of any documents any party pending hearing of the appeal and subject to such conditions as he may impose.

Order 8 Rule 18 Court of Appeal Rules 2021 – Failure to compile and Transmit Records (Form 9)

(1) If the Registrar of the lower court has failed to compile and transmit the Records of Appeal under Rule 1 and the appellant has also failed to compile and transmit the Record of Appeal in accordance with Rule 4, the Respondent may, by notice of motion move the Court to dismiss the appeal.

(2) The Court, where so moved by the Respondent, may strike out the appeal, and shall, where it strikes out the appeal, award costs on a full indemnity basis against the Appellant.

(3) An application for the relisting of the appeal shall be filed within seven(7) days of the striking out order.

(4) The Court may relist an appeal that is struck out under the Rule where the Court is satisfied that the Applicant has shown good cause for the relisting of the appeal

(5) Where the Appellant has not deposited the amount fixed by the Registrar of the lower court to cover the cost of compilation and transmission of the Record of Appeal as provided in Rule 2(b) of this Order, the Registrar of the lower court shall certify such fact to the Court, which may, suo motu, order that the appeal be struck out either with or without cost, and shall cause the parties to be notified of the terms of the order: Provided that the Court shall only act on the certification by the Registrar of the lower at the expiration of the thirty days allowed for the Appellant to Compile Records of Appeal prescribed by Rule 4 of this Order.