Court of Appeal Rules, 2016

Court of Appeal Rules, 2016

ORDER 1

GENERAL

Short Title.

1.These Rules may be cited as the Court of Appeal Rules, 2016 and shall come into force on the 1st day of December, 2016.

Repealed.

2. The Court of Appeal Rules, 2011 is hereby

Conflict with State Law or Rules.

3. The practice and procedure of the Court shall be as prescribed by these Rules notwithstanding any written law or rule of practice to the contrary obtaining in any of the States.

Forms.

4. The forms setout in the First and Second Schedules to these Rules, or forms as near thereto as circumstances permit, shall be used in all cases to which such forms are applicable.

Interpretation.

5. In these Rules, unless it is otherwise expressly provided or required by the contect-

"The Act" means the Court of Appeal Act; "ADR" means Alternative Dispute Resolution; "Appeal" means the filing of notice of appeal, and includes an application for leave to appeal;

"Appellant" means any person who appeals from a decision of the court below and includes a Legal Practitioner representing such a person in that behalf;

"Cause" includes any action, suit or other proceedings between an Appellant and a

Respondent or any Applicant and a Respondent;

''Chief Registrar" means the Chief Registrar of the Court ; "CAMP" means the Court of Appeal Mediation Programme;

"The Committee" means the Rules of Court Advisory Committee established under these Rules;

"The Constitution" means the Constitution of the Federal Republic of Nigeria;

"The Court" means the Court of Appeal ;

"court below" or "lower court" means any Court, General Court Martial or Tribunal from which appeal is brought;

"Electronic devices" includes, flash drives, compact disks, media card or such similar devices used in the typing, or production of the record of appeal; "Justice" means Justice of the Court of Appeal including the President; "Legal representative" means a person admitted to practise in the Supreme Court who has been retained by or assigned to a party to represent him in the proceedings before the Court;

"Non-Contentious motion" means a motion against which the Respondent has filed a notice of intention not to contest;

"President" means the President of the Court ;