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 ;
Leave a Reply