Order 9 Court Of Appeal Rules 2021

Order 9 of the Court of Appeal Rules 2021 is about Respondent’s Notice Of Contention. It contains the following rules:

Order 9 Rule 1 Court of Appeal Rules 2021 – Respondent’s Notice to Vary (Form 10A)

A Respondent who not having appealed from the decision of the lower court, desires to contend on the appeal that the decision of that court should be varied, either in any event or in the event of the appeal being allowed in whole or in part, must give notice to that effect, specifying the grounds of that contention and the precise form of the order which he proposes to ask the Court to make, or to make in that event, as the case may be.

Order 9 Rule 2 Court of Appeal Rules 2021 – Respondent’s Notice to Affirm (Form 10B)

A Respondent who desires to contend on the appeal that the decision of the lower court should be affirmed on grounds, other than those relied upon by that court, must give notice to that effect specifying the grounds of that contention.

Order 9 Rule 3 Court of Appeal Rules 2021 – Respondent’s Notice Limited by Grounds

Except with the leave of the Court, a Respondent shall not be entitled on the hearing of the appeal to contend that the decision of the lower court should be varied upon grounds not specified in a notice given under this Rule, to apply for any relief not so specified, or to support the decision of the lower court upon any grounds not relied upon by that court or specified in such a notice.

Order 9 Rule 4 Court of Appeal Rules 2021 – Time within which to serve Respondent’s Notice

Any notice given, by a Respondent under this Order must be served on the Appellant and on all parties to the proceedings in the lower court who are directly affected by the contentions of the Respondent and must be served-

(a) in the case of an appeal against an interlocutory order, within fifteen (15) days after the service of the Notice of Appeal on the Respondent; and

(b) in any other case within thirty (30) days, after the service of the Notice of Appeal on the Respondent.

Order 9 Rule 5 Court of Appeal Rules 2021 – Copies of Respondent’s Notice

A Respondent’s shall file ten hard/physically copies and an electronic copy of his Respondent’s Notice with the Registry of the Court.

Order 9 Rule 6 Court of Appeal Rules 2021 – Amendment of Respondent’s Notice

A Respondent’s notice may be amended by or with the leave of the Court at any time.