INVESTMENT & SECURITIES TRIBUNAL (PROCEDURE) RULES 2014

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INVESTMENTS AND SECURITIES TRIBUNAL (PROCEDURE)  RULES 2014

In exercise of the powers conferred by section 290 of the Investments and Securities Act, 2017, and all other powers enabling in that behalf, I, Dr. Ngozi Udodirim Chiamakwalam Honourable Chairman, the Investments and Securities Tribunal hereby make the following Rules:

PART A

ORDER 1 – PRELIMINARIES

RULE 1: CITATION, Application, Commencement and Interpretation

(1)     These Rules may be cited as the Investments and Securities Tribunal (Procedure) Rules 2014 and shall come to force on 1st of September, 2014.

(2)     These Rules shall apply to all proceedings including part-heard causes and matters in respect of steps to be further taken in such causes and matters for attainment of a just, efficient and speedy dispensation of justice.

(3)     These Rules shall apply to all proceedings before the Tribunal in respect of:

(a)     actions instituted against, or appeals from any decision of the Securities and Exchange Commission pursuant to section 289 (1) of the Act;

(b)     disputes and controversies arising under the Act;

(c)     matters referred to under section 284 of the Act;

(d)     applications made to the Tribunal under section 36(4)(a) of the Act; and

(e)     any other matter that may by any law or Act be conferred on the Tribunal.

(4)     These rules shall be interpreted in accordance with the Interpretation Act Cap 1, 23 LFN 2004.

Rule 2: The Overriding Objective

(1)    The overriding objective of these Rules is to enable the Tribunal, with the assistance of the parties deal with cases fairly and justly.

(2)    Dealing with cases fairly and justly includes:

(a)     providing a reliable, informed, expedient, flexible and affordable dispute settlement mechanism for investors, public companies, capital market operators, self regulatory organizations and other market participants;

(b)     promoting capital market integrity and stable economy;

(c)     dealing with cases in ways which are proportionate to the complexity of the issues and the resources of the parties;

(d)     ensuring so far as practicable, that the parties are on an equal footing procedurally including assisting an unrepresented party in the presentation of his or her case without advocating the course he or she should take;

(e)     using the Tribunal’s special expertise effectively; and

(f)      avoiding delay, so far as compatible with the proper consideration of the issues.

Rule 3: Application by the Tribunal of the Overriding Objective

(1)     The Tribunal shall seek to give effect to the overriding objective when it

(a)     exercises any power under these Rules; or

(b)     interprets any Rule.

(2)     In particular, the Tribunal shall manage cases actively in accordance with the overriding objective.

Rule 4: Alternative Dispute Resolution

(1)     In any action pending before it, the Tribunal may promote reconciliation among the parties to the action, encourage and facilitate the amicable settlement of the dispute; and with the consent of parties refer a dispute to the Tribunal’s Dispute Resolution (ADR) center.

(2)     A decision reached at the ADR Center of the Tribunal, arising from a walk-in, may by leave of the Tribunal be made the judgment or order of the Tribunal and enforced in the same manner as a judgment or order of the Tribunal.

(3)     In applying for a decision reached at the Center to be made the judgment of or order of the Tribunal, an application which shall be by motion on notice shall be filed, praying that such a decision be made the judgment or order of the Tribunal.

(4)     Every motion on notice to make the ADR decision a judgment or order of the Tribunal, shall state in general terms the ground of such application and where any such motion is founded on evidence by affidavit, a copy of any affidavit intended to be used shall be served with the motion on notice.

(5)     Any party relying on a decision reached at the ADR Center, in applying to make same the judgment or order of the Tribunal shall supply the duly authenticated original decision or a certified copy thereof.

PART B

ORDER 2: COMMENCEMENT OF PROCEEDINGGS

Rule 1: Notice of Appeal and Reason for Appeal

(1)     An appeal to the Tribunal shall be written notice. An approved form for making an appeal may be obtained from the Registry of the Tribunal. If a copy of the approved form is for any reason not used, the notice of appeal may be un any form accepted to the Tribunal.

(2)     The notice of appeal shall state:

(a)     the name and address of the person making the appeal (in this Rules called the ‘Appellant’);

(b)     that the notice is a notice of appeal;

(c)     the date, the reference number of the decision against which the appeal is brought (in this Rule called ‘the disputed decision’) and the name and address of the person appealed against herein called respondent;

(d)     the name, address and profession if the representative of the appellant, if any, and whether the Tribunal should send replies or notices concerning the appeal to the representative instead of the appellant.

(3)     Every appeal shall be accompanied by:

(a)     the disputed decision,

(b)     record of appeal of the disputed decision or bundle of documents relating to the trial being appealed against; and

(c)     Appellant’s brief of argument.

Provided that appellant’s brief of argument may be accepted for filing if it is accompanied with the record of appeal because it has not been received from the trial body.

(4)     An appellant in a notice of appeal shall ensure that the record of appeal is made available to the Tribunal expeditiously.

Provided that no hearing date shall be fixed until the record of appeal as well as the briefs of argument of the parties are filed. This is however without prejudice to any application by any party.

(5)     When a record of appeal accompanies a notice of appeal, such appeal shall be filed with appellant’s brief of argument.

(6)     in serving a notice of appeal on a respondent, such service shall be accompanied by ‘Notice of Schedule of Proceedings’, stating the steps to be taken by the respondent and the time limit within which those steps shall be taken.

(7)     The appellant or the appellant’s representative shall sign the notice of appeal.

(8)     The appellant shall send or direct the notice of appeal to the Chief Registrar at the office of the Tribunal so that it is received at that office not later than 30 days after the date on which the disputed decision was sent or received by the Appellant. Where the disputed decision does not include the full reasons for the appeal , the period of 30 days will not start to run (for the purposes of this paragraph) until the full reasons are received by the appellant.

(9)     The appellant shall state the reasons for the appeal in the notice of appeal itself.

(10) (a)       A party shall submit 15 (fifteen) copies of every process plus such number of copies to be served on the parties to be suit.

(b)     A party shall submit to the tribunal clean and clear copies of processes and annexures. A default in this respect may result in refusal to accept such processes for filing.

(c)     No filing shall be processed until after payment of the prescribed fees. At the point of payment for filing, a party shall as well pay for service or service by courier of the filed process.

(d)    A party may undertake personal service of any process other than originating application or notice of appeal.

(e)     In the case of a party desiring to undertake personal service of process the undertaking shall be in writing and reflected on all the copies of the processes filed, provided that such service shall not be valid until an affidavit of service of the process is filed or there is an acknowledgment of the service by the other party upon whom the service was effected.

(f)     Any counsel or party whose address is not within location of the Tribunal, where service of the Tribunal’s processes may be effected shall furnish address within location for service. A default in this regard may result in refusal of such processes for filing.

Rule 2: Originating Applications to the Tribunal

(1)     Every originating application to the Tribunal shall be made in writing. An approved form for making an application may be obtained from the Registry of the Tribunal or any other designated location. If a copy of the approved form is for any reason not used, the application may be in any acceptance to the Tribunal.

(2)     The application shall state:

(a)     the name and address of the person making the application (in these Rules called ‘the Claimant’);

(b)     that the application is an originating application;

(c)     the name and address of the person, regulatory body, self-regulatory organization (SRO) or capital market operator against whom the application is brought or relief is sought;

(d)     the claim of the Claimant and the reasons for it or the reasons for claiming relief;

(e)     the name, address and profession of the representative of the Claimant if any, and whether the Tribunal should send replies or notices concerning the application to the representative instead of the Claimant.

(3)     There shall be attached to the application a proof, statement or summary of the evidence of any witness a statement of witness to be called by the applicant together with any document referred to in it, and any other document relevant to the Claimant’s case including any expert’s report.

(4)     The statement of witness referred to in Paragraph (3) of this Rule shall be made on oath in numbered paragraphs.

(5)     The Claimant or his representative shall sign the application.

(6)     An application made under this Rule is called a Originating Application.

(7)     Upon being served the originating application, the defendant shall look through and indicate any objection or otherwise he intends to object to their admissibility. His grounds of objection shall be canvassed at the hearing of the suit. Those to which he is not objecting shall be regarded as ‘Agreed Bundle of Exhibit’ and shall be accordingly marked for the hearing. The Applicant also have a corresponding obligation when the respondent’s reply is served on the applicant.

(8)     No date shall be fixed for hearing of an originating application unless relevant processes by the parties have been filed and served. This is however without prejudice to any application by a party for judgment or an order striking out the suit.

(9)(a)          Where by the Rules of this Tribunal any application is required to be made, such application shall be made by motion supported by affidavit, and except with the leave of  the tribunal such application, shall be  filed and served at least 4(four) days before hearing.

(b)     Every motion shall be accompanied by a written argument intended to be relied upon at hearing of the motion.

(c)     Where a party intends to oppose an application, such party shall file and serve a counter affidavit on the Applicant at least 48 hours before the day of hearing, provided that where the Tribunal grants leave, there shall be at least two clear days between the filing and service of any counter affidavit to a motion and no process in respect of any matter set for hearing shall be received on the set date.

(d)     Every counter affidavit shall be accompanied by written argument intended to be relied upon in opposition at the hearing of a motion to which the counter affidavit is filed.

(e)     Notwithstanding anything to the contrary, the Tribunal may reduce the time required for filing any process under this Rule as it deems fit to make in the circumstance.

Rule 3: Fees for Notice of Appeal or Originating Application

(1)     The appellant or applicant shall send to the Chief Registrar with the notice of appeal or originating application, the fees set out in the Schedule or to this rule prescribed by the Tribunal from time to time.

(2)     The fees shall be specified in any form approved for the purpose of making an application or appeal.

(3)     The fees shall be paid by bank draft or other means of acceptable payment in favour of the Tribunal.

(4)     The Chairman on the recommendation of the Chief Registrar may, on application by a party, reduce or waive the fee in particular case for reason of financial hardship.

Rule 4: Application for Extension of Time

(1)     The Tribunal may extend the time limit imposed by Paragraph 8, Rule 1 of Order 2 or Paragraph 4, Rule 10 of Order 2 if:

(a)     it is just and equitable; and

(b)     not doing so will result in miscarriage of justice

(2)     In the event that a notice of appeal or originating  application is received at the office of the Tribunal after the expiration of the time limit referred to in Paragraph 1 of this Rule, the applicant or Claimant may include with notice of appeal or originating application, an application for extension of time.

(3)     Before deciding whether or not to extend the time, the Tribunal shall give persons whose interests might be affected by the extension an opportunity to be heard and, in addition, to the particular representations made by the applicant or Claimant:

(a)     in the case of an application to extend the time limit for a notice of appeal :-

(i)      whether the sending or delivering of the disputed decision to the appellant was such as to notify the appellant properly and effectively of the disputed decision; and

(ii)     whether the existence of the right of appeal to the Tribunal and the relevant time limit were notified to the appellant, in the disputed decision or otherwise;

(b)     In the case of an application to extend the time limit for an originating application, whether the existence of the right to apply to the Tribunal and the relevant time limit was notified to the applicant.

Rule 5: Reference to the Tribunal by the Commission

(1)     Where, under Section 36(4)(e)n of the Act, a body corporate requests the Securities and Exchange Commission to refer to a notice to prohibit trading in the securities of the body corporate, the Commission shall promptly refer the notice to the Tribunal and shall provide the Tribunal with copies of the Claimant’s request and any other material produced to or considered by the commission in considering the prohibition.

(2)     The Securities and Exchange Commission shall give notice to the Claimant and every interested person of the reference to the Tribunal, provided that the foregoing shall not preclude the Commission from first making an ex parte application.

Rule 6: Acknowledgment of Appeal or Application

(1)     Upon receiving a notice of appeal or originating application, the Chief Registrar shall:

(a)     acknowledge receipt of the notice of appeal or originating application;

(b)     enter particulars of it in the register inclusive of the suit number of the appeal or application (which shall thereafter constitute the title of the proceedings) and of the address to which notices and other communications to the Tribunal shall be sent; and

(c)     inform the appellant or Claimant or the appellant’s or Claimant’s representative of any further steps which he shall take to enable the Tribunal decide the appeal or application and, subject to Paragraph 2 of this Rule, the time and place of the hearing of the appeal or application.

(2)     The acknowledgment of receipt of the notice of appeal or originating application shall include:

(a)     am notification that general procedural advice in relation to the proceedings may be obtained from the Registry of the Tribunal; and

(b)     a statement that, if the appellant or Claimant wants a hearing in private or does not want an oral hearing, the appellant or Claimant shall notify the Tribunal as soon as possible.

Rule 7: Publication of Originating Application

(1)     Upon receiving an originating application, the Tribunal shall decide what notices are to be given, whether by advertisement or otherwise, to persons who appear to the Tribunal to have a direct pr financial interest in the proceedings and may for this purpose require the Applicant to provide any information which is within his power to provide.

(2)     Following a direction that advertisements be made pursuant to Paragraph (1) of this Rule 1, the Claimant shall place two separate advertisements of the originating application having been made in a national newspaper. The advertisements shall be in a form approved by the Tribunal and copies of the form may be obtained from the office of the Chief Registrar of the Tribunal.

(3)     The Claimant shall give notices directed by the Tribunal under this Rule and shall notify the Chief Registrar in writing when the notices have been given.

(4)     Notwithstanding the provision of Paragraph 2 of this Rule, the Tribunal may order the publication of any process in more than one nation newspaper.

Rule 8: Distribution of Document by the Chief Registrar

(1)     The Chief Registrar shall upon payment of the prescribed fee, send a copy of any document received from a party to all the other parties to the proceedings and any person who is subsequently joined as a party to that suit.

(2)     Where the document referred to in Paragraph 1 of this Rule is sent or delivered to the Chief Registrar after the time prescribed by these Rules, the Chief Registrar may defer the sending of the copies pending a decision by the Tribunal about the extension of the time limit.

(3)     The Chief Registrar shall send with any copy of originating application information which is appropriate to the case about:

(a)     the means and time of delivering a reply;

(b)     the consequences of failure to do so;

(c)     the right to receive a copy of the decision; and

(d)     the availability of general procedural advice in relation to the application from the office of the Tribunal, or of other sources of advice.

(4)     Upon receiving a notice of appeal or originating application or a reply in which any person other than the appellant, respondent, claimant or defendant is named as having a direct interest or having participated in proceedings which led to the disputed decision, the Chief Registrar shall send to that person:

(a)     copies of the notice or application or reply;

(b)     information on the method of applying to be made a party to the proceedings as a defendant and of delivering a reply if he so desires;

(c)     a notification of the availability of general procedural advice in relation to the appeal from the Registry of the Tribunal, other sources of advice.

Rule 9: Receipt of Notice of Appeal

(1)     Any party, upon receipt of a copy of a notice of appeal specifying the reasons for appeal, shall send or deliver to the Chief Registrar a written reply acknowledging receipt of the notice of appeal and stating:

(a)     whether or not the party intends to oppose the appeal and the reasons on which he relies in opposing the appeal;

(b)     the name, address and profession of the representative of the party and whether such address is the address for the sending and delivering of documents to the party for the purposes of the appeal; and

(c)     if in the opinion of the party any other person has a direct interest in the subject matter of the appeal, the name and address of that person.

(2)     In addition to Paragraph 1 of this rule, a party served with a notice of appeal and appellant’s brief of argument shall also file a respondent’s brief of argument; and send or deliver to the Chief Registrar such number of copies as may required.

(3)     The reply shall be signed by the respondent or the respondent’s representative and sent or delivered to the Chief Registrar at the office of the Tribunal not later than 14 days from the date on which the copy of the notice of appeal was received.

(4)     The provisions of Rule (2) of Order 4 shall apply in relation to any document required to be included with the reply.

Rule 10: Action by Defendant on Receipt of Originating Application

(1)     Any person who receives a copy of an originating application making a claim or seeking relief against him (referred to in these Rules as “the defendant”) shall send or deliver to the Chief Registrar a memorandum of appearance and a written reply acknowledging receipt of the originating application and setting out:

(a)     the defendant’s full name and address;

(b)     a statement whether or not the defendant intends to contest the originating application and, if so, the reasons on which the defendant relies in opposing it or what position the defendant will adopt, and whether the defendant intends to be presented or represented;

(c)     the name, address and profession of any representative of the defendant and whether the Tribunal should send notices concerning the originating application to the representative instead of the defendant.

(2)     The defendant shall attach to the reply, which shall be specific or positive denial of claims, statement or summary of the evidence of any witness to be called by the defendant together with any document referred to in it, and any other document necessary to the defendant’s case including any expert’s report.

(3)     The Statement of witness referred to in Paragraph 2 of this Rule shall be made on oath in numbered paragraphs.

(4)     The memorandum of appearance and reply shall be signed by the defendant or the defendant’s representative and sent or delivered to the Chief Registrar at the office of the Tribunal not later than 21 days after the date on which the notification of the originating application was received by the defendant.

(5)     A defendant who has not sent or delivered a written reply may not take part in the proceeding before the Tribunal on originating application except:

(a)     to apply for an extension of time for presenting a reply;

(b)     to apply for direction that the applicant provide further particulars of his claim;

(c)     to apply under Rule 4 of Order 7 for a review of the Tribunal’s decision for the reason that the defendant did not receive notice of the originating application;

(d)     to be called as a witness to another person; and

(e)     to be sent a copy of decision or corrected decision.

Rule 11: Additional Parties

(1)     Any person who having an interest in the originating application or who otherwise claims substantial interest in an originating application may apply to the Chief Registrar that he desired to part in the proceedings as a party.

(2)     Any person who desires to take part in the proceedings as a party shall send or deliver to the Chief Registrar sufficient number of additional copies of the application and accompanying affidavit and such other documents to enable the Chief Registrar to send copies to each of the other parties.

Rule 12: New Parties to Proceedings

If the Tribunal considers, whether on the application of a party or otherwise, that it is desirable that any person be made a party to the proceedings, the Tribunal may order that person to be joined as defendant and may give such directions as may be just, including directions as to the delivery or sending of documents.

Rule 13: Persons with interest

Whenever a person is interested or deemed interested in the outcome of an originating application, the person shall be entitled to be heard in the proceedings, and may be joined as a defendant except for the purposes of Order 2 Rule 10 (5) or Order 7 Rule 6.

PART C

ORDER 3: PROVISIONS RELATING TO ALL APPLICATIONS, APPEALS AND REPLIES.

Rule 1: Additional Matters

(1)     The appellant or Claimant may include in the notice of appeal or originating application or in a separate application to the Tribunal

(a)     a request that the disputed decision or action be suspended until a decision has been given on the appeal or application, or for other interim relief;

(b)     any request or statement specified in Paragraph 2 of this Rule.

(2)     The appellant or applicant or respondent or defendant (each of which is included in the expression “a party”) may include in the notice of appeal or application, or reply, or  a separate application to the Tribunal, as appropriate:

(a)     a request for further particulars of a notice of appeal or application, reply, or written representation;

(b)     a request for a decision on any question as a preliminary issue;

(c)     a request for an early hearing of the appeal or application or of any question arising out of the appeal or application, and the reasons for that request;

(d)     a statement that the appellant, or applicant or respondent or defendant wants a hearing in camera or does not want an oral hearing;

(e)     a request for permission, at the hearing of his appeal or application, to rely on the evidence of an expert witness and the name and address of the proposed witness; and

(f)       a request that an expert who was concerned in the taking of the disputed decision or action attends the hearing of the originating application and gives evidence.

Rule 2: Front Loading of Document

(1)     A party (including a person seeking to be made an additional party to the proceedings as a respondent or defendant) shall send or deliver to the Chief Registrar with his notice of appeal or originating application or reply, as the case may be, a copy of every document on which he intends to rely for the purposes of the appeal or application or reply, together with sufficient number of additional copies of document to enable the Chief Registrar provide a copy to each of the Tribunal Members and other parties to the proceeding.

(2)     Where a party fails to comply with the provision of Rule 1 (8) of Order 2, Rule 2(3) of Order 2, Rule 9(3) of Order 2, Rule 10(2) of Order 2, Rule 11(2) of Order 2 and Rule 2(1) of Order 3 his originating application, notice of appeal or reply, as the case may be, shall not be accepted for filing.

(3)     The Tribunal may, on the terms, excuse a party from providing any document required to be furnished under these Rule where the document or  a copy is already in the possession of the Tribunal or some other party so that to require it to be provided at this stage would be unreasonable for reasons of expense or otherwise.

(4)     If any document on which a party relies contains any matter that relates to intimate personal of financial circumstances or is commercially sensitive or, consists of information communicated or obtained in confidence, or concerns national security, and for that reason the party seeks to restrict its disclosure, the party shall inform the Chief Registrar of that fact and of the reasons for seeking such restriction, and the Chief Registrar shall send the copies as provided in this Rule only in accordance with the directions of the Tribunal.

Rule 3: Amendment of Notice of Appeal or Originating Application or Reply

(1)     a party may, at any time before  he is notified of the date of the hearing of an appeal or application, amend the notice of appeal or originating application or reply, or deliver same.

(2)     A party may amend any notice of appeal or originating application, or reply with the leave of the tribunal at any time after he has been notified of the date of the hearing of the appeal or application or at the hearing itself. The Tribunal may grant this leave on such terms as it may deem fit, including the payment of cost or expenses.

(3)    A party shall send sufficient number of copies of every amendment made pursuant to the Rule to the Chief Registrar.

(4) (a) notwithstanding the provisions of Paragraph 1 and 2 of this Rule, a party may amend not more than once any notice of appeal or originating application or reply with the permission of the Tribunal at any time after he has been notified of the date of hearing of the appeal or application.

(b)     The Tribunal may permit one further amendment where very cogent and compelling reason is shown by the party seeking further amendment.

Rule 4: Notice that Appeal or Originating Application is misconceived

(1)    Where the respondent or defendant is of the opinion that an appeal or originating application cannot be made to, or be entertained by the Tribunal, the respondent or defendant shall file an application to that effect to the Chief Registrar stating the reasons for such contention and applying for the appeal or originating application to be struck out.

(2)    The Chief Registrar shall send a copy of the application and any accompanying  documents to the appellant or claimant.

(3)    An application under this Rule may be heard as a preliminary point of law or at the hearing of the substantive appeal.

Rule 5: Death of Appellant or Applicant or Respondent or Defendant

(1)     The death of an appellant or claimant or respondent of defendant shall not cause the suit to abate if the cause of action survives.

(2)     If there are two or more appellants or claimants or respondents or defendants, and one of them dies, and if the cause of action survives the surviving claimant or claimants alone, or against the surviving respondent or respondents alone, the suit shall proceed at the instance of the surviving claimant or claimants, and against surviving respondent or respondents.

(3)     If there are two or more appellants or claimants and one of them dies, and if the cause of action does not survive to the surviving claimant or claimants alone but survives to them and the legal representative of the deceased claimant jointly, the Tribunal may:

(a)     on the application of the legal representative of the deceased claimant enter the name of the legal representative in the suit in the place of the deceased claimant, and the suit shall proceed at the instance of the surviving claimant and the legal representative of the deceased claimant.

(b)     if no application is made to the Tribunal by any person claiming to be the legal representative of the deceased claimant, the suit shall proceed at the instance of the surviving claimant or claimants and the legal representative of the deceased claimant shall, after notice to appear, be interested in, and shall be bound by the judgment given in suit, in the manner as if the suit had proceeded at his instance conjointly with the surviving claimant or claimants, unless the Tribunal otherwise so directs.

(4)     In the case of the death of a sole claimant, or sole surviving claimant, the Tribunal may:

(a)     on the application of the legal representative of the deceased sole claimant, enter the same name of the legal representative in the place of the claimant suit, and the suit shall thereupon proceed.

(b)     if no such application is made to the court within what it may consider  a reasonable time by any person claiming to be the legal representative of the deceased sole claimant or surviving sole claimant it shall be competent for the Tribunal to make an order that the suit shall abate, and award to the respondent or defendant reasonable costs which he may have incurred in defending the suit, to be recovered from the state of the deceased sole claimant or surviving claimant.

(c)     the Tribunal may, if it thinks proper, on the application of the respondent and upon such terms as ton costs as may seem just, make such order for bringing in the legal representative of the deceased sole claimant or surviving sole claimant, and for proceeding with the suit in order to come to a final determination of the matters in dispute, as may appear just and proper in the circumstance of the case.

(5)     If any dispute arises as to who is the legal representative of a deceased claimant, the Tribunal may either stay the suit until the fact has been duly determined in another suit, or decide at or before the hearing of the suit who shall be the legal representative for the purpose of prosecuting that suit.

(6)     If there are two or more respondents or defendants, when of them dies the cause of action survives but does not survive against the surviving respondents or defendants alone.

(a)     in the case of the death of a sole respondent or defendant or sole surviving respondent or defendant, where the action survives, the appellant or applicant may make an application to the Tribunal, specifying the name, description to the Tribunal, the applicant or appellant alleges to be the legal representative of the respondent or defendant and whim he desires to be made the respondent or defendant in his stead.

(b)     the Tribunal shall thereupon enter the name of the legal representative in the suit in the place of the respondent or defendant, and issue an order to him to appear on a day to be thereon mentioned to defend the suit and the case shall thereupon proceed in the same manner as if the legal representative had originally been made a respondent or defendant, and had been a respondent or defendant, and had been a party to the former proceedings in the suit.

Rule 6: Withdrawal of Appeal or Application

(1)     The appellant or applicant may:

(a)     at any time before the hearing of an appeal or application withdraw the appeal or application by sending to the office of the Tribunal a notice signed by the appellant or applicant or the appellant’s or applicant’s representative stating that the appeal or application withdrawn; or

(b)     at the hearing of the appeal or application, with the leave of the Tribunal, withdraw the appeal or application.

(2)     Where an appeal or application is withdrawn, a fresh appeal or application may not be made in relation to the same disputed decision or application except with the prior leave of the Tribunal sought and obtain.

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