CUSTOMARY COURT OF APPEAL (APPEALS FROM AREA COURTS) RULES 1998

State Laws

Attorney-General

State Website

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CUSTOMARY COURT OF APPEAL (APPEALS FROM AREA COURTS)  RULES 1998

 

ARRANGEMENT OF ORDERS AND PAGES

ORDERS

  1. Citation and interpretation
  2. Notice and Ground

III.     Administration and General procedure

  1. Applications to Court
  2. Court Orders
  3. Judgement

VII.    Computation of Time

VIII.   Miscellaneous

  1. Forms and Fees

 

THE NASARAWA STATE CUSTOMARY COURT OF APPEAL (APPEALS FROM AREA COURTS) RULES, 1997.

 

(4TH MAY, 1998)            DATE OF COMMENCEMENT.

 

I the Hon. Justice Yusufu Yakubu, President Customary Court of Appeal of Nasarawa State in exercise of the powers conferred upon the President by section 22 of the Plateau State Customary Court of Appeal Law 1979 (amended) and applicable to Nasarawa State, the President hereby makes the following rules:

 

ORDER I

Citation

  1. These Rules may be cited as the Nasarawa State Customary Court of Appeal (Appeals from Area Courts) Amendment Rules 1998 and shall come into operation on 4th day of May, 1998.

 

Interpretation

  1. In these rules, unless it is otherwise expressly provided or required by the context; “the Rules” means the Nasarawa State Customary Court of Appeal (Appeals from Area Courts) Rules 1998.

“Appeal” includes an application for leave to appeal;

“Appellant” means any person who appeals from a decision of the Court below.

 “Cause” includes any action, suit or other proceedings between an appellant and a respondent,

“The Court” means the Customary Court of Appeal;

“Court below” or “Lower Court” means any Court from which appeal is brought;

“Judge” means a judge of the Court and including the President;

“Chief Registrar” means Chief Registrar of the Court;

“The Constitution” means the Constitution of the Federal Republic of Nigeria.

“Legal Practitioner” means a person admitted to practice in the Supreme Court who has been retained by a party to represent him in the proceedings before the Court.

“Registrar” means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, Principal Registrar, Senior Registrar or Registrar of the Court, or any other officer of the Court by whoever title called exercising functions unologous to those of a Registrar of the Court.

“Respondent” means any party (other than the appellant) directly affected by the appeal;

“Rules” means these rules.

“Decision” includes judgement, decree, order or recommendation.

 

  1. The Plateau State Customary Court of Appeal (Appeals from Area Courts) Rules, 1980 (amended and applicable to Nasarawa State) is hereby repealed and the following substituted.

 

ORDER II – APPEALS

Notice and grounds of Appeal

  1. Every appeal shall be brought by notice of appeal in writing which shall be filed in the registry of the Court.

Time for filling Appeal

  1. An appellant shall file his appeal within thirty days of the order or decision appealed against.

Notice of Appeal Form 1

  1. Notice of Appeal shall be in form 1 in the First I schedule of these rules.

Particulars of the Notice and Grounds of Appeal

  1. Notice and grounds of appeal shall contain the following particulars:

1)      The name of the court below and the reference number, if any of the suit in which the decision was given.

2)      The names of the parties to the suit;

3)      The names of the appellant and of the respondent;

4)      The date of the decision;

5)      The grounds of appeal in full and particulars set forth concisely and under distinct heads of each grounds

6) The appellant’s address for service as well as that of the respondent.

Filing of Appeal by a Legal Practitioner

  1. An appellant shall file his notice of appeal personally or by a legal practitioner who shall satisfy the Chief Registrar or any officer of the court exercising function analogous to that of the Chief Registrar that he has duly been authorized to do so by the appellant.

Several Appellants in the Same Proceedings

  1. Where there are several appellants in the same proceedings, each of them shall file a separate and distinct notice of appeal. However, where appellants have same or joint interest in the matter, their respective appeals shall carry same appeal or reference number.

When Appeal is deemed brought

  1. An appeal shall be deemed to have been entered when the notice of appeal has been filed and appropriate appeals fees paid in the registry of the court.

Service of the Notice of Appeal

  1. The registrar of the court shall forthwith:

(1)     Cause a bailiff or any officer of the court to serve a copy of the notice of the appeal on respondent or

(2)     Send a copy of the notice to the court below as the case may be which shall subsequently cause it to be served on the respondent.

Acts by a Legal Practitioner or person appearing for the applicant.

  1. Where by these rules or the law establishing the court any act may be done by any party in a suit, which act may be carried out by the party in person or by the legal practitioner representing him or by person appearing for him.

Incompetent Appeal

  1. The court shall have the power to strike out a notice of appeal when an appeal is not competent or for any other sufficient reason or grounds.

Cross-Appeal

  1. The respondent may cross appeal against any part of the judgement of the lower court within 14 days of service on him of the appellant’s notice and grounds of appeal, and the notice and ground of the cross appeal shall be served on the appellant or his legal practitioner before the hearing.

Ex-parte Judgement

  1. (1) Where respondent fails to appear in person or by his counsel on the hearing date and the court is fully satisfied that a hearing notice was duly served on him, the court note withstanding his absence shall call on the appellant to present his appeal if he so desires and any decision or order made shall be binding on the respondent as if he were so present.

(2)     Where an appeal has been heard in default of appearance of the respondent and any judgement has been given therein adverse to the respondent, he may apply to the court to set aside such judgement and to re-hear the appeal.

(3)     No application to set aside and re-hear an appeal under this rule shall be made after expiration of thirty days from the date of the judgement for that to be set aside.

Hearing of Notice Form 2

  1. The court shall notify the parties and any other person entitled to appear of the time and date fixed for hearing of the appeal and cause of the appeal to be set down for hearing.

Where appellant fails to appear

  1. (1) If on the day of hearing, the appellant fails to appear and without any just cause, the appeal shall be struck out with or without costs.

Re-listing an appeal struck out

(2)     Where an appeal is struck out due to the absence of the appellant, the appeal may be relisted within one month on reasonable grounds and on such terms as the court may deem fit to make.

Death of Appellant

(3)     Where an appellant dies after a notice of appeal has been filed by him, or after an appeal has been entered, his heir apparent in an appropriate case may, with leave of court, proceed with the appeal.

Extension of time

  1. (1) The court may, on such terms, as it thinks just by order extend or abridge the period within which a person is required or authorized by these provisions, or by any judgment, order or discretion to do any act in any proceedings.

(2)     The court may, extend any such period as is referred to in sub-section (1) although the application for an extension is not made until after the expiration of that period.

(3)     When application is made to the court for leave to appeal out of time the appellant shall state the grounds on which he bases his said application and the court may grant or refuse such leave summarily after leaving the appellant.

Application for leave to Appeal out of time to be supported by and Affidavit.

(4)     Every application for leave to appeal out of time shall be supported by;

(i)      An affidavit showing forth good and substantial reasons for failure to appeal within the prescribed period;

(ii)     The grounds of appeal which prima facie show good cause why the appeal should be heard;

(iii)    A copy of the judgement appealed against and

(iv)    Any other documents relevant to the application

A copy of the order granting such enlargement shall be annexed to the noticed of appeal.

Fees second Schedule

  1. No appeal shall be filed except upon payment of the fees prescribed in the second schedule hereto.

Waiver of Fees

  1. (1) Any party may apply to the court for leave to prosecute or defend an appeal as a person without means. Such application shall be by notice of motion, supported by affidavit, and shall be served on the other parties to the proceedings. No fee shall be payable on filing any such application.

(2)     No party shall be permitted to proceed as a person without means unless he satisfies the court that he has a reasonable probability of success.

(3)     The Court may after satisfying itself that an applicant is a person without means permit him to so prosecute or defend an appeal free of charge.

Provided that leave to proceed as a person without means shall not exempt such person from liability to an order for costs in favour of his opponent. And in the same vein a person without means shall be entitled to cost which may be awarded to him by his opponent at the order of the court.

Consolidation of appeals

  1. Appeals pending in the court may be consolidated by order of the court where it appears that the issues are the same in all the actions, and can therefore be properly tried and determined at one and the same time.

Death of the respondent

  1. IN the case of the death of the respondent, the appellant may make an application to the court for any heir of the respondent to be made the respondent in his stead, and the court thereupon enters the name of such representative in the appeal in the place of the deceased respondent, and shall issue an order in the place of the deceased respondent, and shall issue an order to him to appear to defend the appeal. Thereafter the appeal shall proceed in the same manner as if such heir had originally been a party to the former proceedings in the appeal.

Provided that if the appellant is not able to trace the heir of the deceased respondent within a period of three months, after the demise of the respondent, the court shall strike out the appeal with liberty of the appellant to thereafter apply to the court that the appeal to re-listed on satisfaction of the court that, the heir is now available.

Stay of Execution Form 3

  1. At any time after an appeal has been filed until the determination thereof by the court, the court may, on the application of the appellant or of its own motion, order that the execution of the order or decision appealed against be suspended, either with or without security for the eventual performance thereof should the appeal fail and shall send a copy of any such order to the court below or to the person or authority empowered to put into execution such order of the court provided that if the order or decision of the court below was for the payment of a sum of money or penalty which has been paid, the court shall not order it to be refunded pending the determination of the appeal.

Notice of Preliminary Objection

  1. (1) A respondent intending to rely upon a preliminary objection to the hearing of an appeal shall file such notice giving the appellant 7(seven) clear days after service thereof before the hearing setting out the ground of objection.

(2)     No objection shall be taken to the hearing of an appeal on the ground that the amounts fixed by the Registrar were incorrectly assessed.

(3)     If the respondent fails to comply with this rule the court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the respondent or may take such order as it thinks fit.

Amendment of notice of Appeal or Cross-appeal

  1. A notice of appeal or cross-appeal may be amended by or with the leave of the court, at anytime upon such terms and the court may deem fit.

Exhibits

  1. (1) Subject as hereinafter provided each party shall immediately after an appeal becomes pending before the court, deliver to the court below all documents (being exhibits in the case or which were tendered as exhibits and rejected) which are in his custody or were produced or put in by him at the trial.

(2)     All exhibits delivered to the court below under this rule shall remain in the custody of the court below until the record of appeal has been prepared, and shall then be forwarded with the record to the Registrar and shall remain in the custody of the court until the determination of the appeal.

Provided that the court may allow the return of any exhibit to any party pending the hearing of the appeal and subject to such conditions as it may impose.

Objections to form of grounds of appeal.

  1. (1) No objection on account of any defect in the form of setting forth any ground of appeal shall be allowed unless the court is of the opinion that the ground of appeal is so imperfectly or incorrectly stated as to be insufficient to enable the respondent to enquire into the subject matter thereof or to prepare for the hearing.

(2)     In any case where the court is of the opinion that any objection to any ground of appeal ought to prevail, the court may, if it thinks fit, cause the ground of appeal forthwith to be amended upon such terms and conditions, if any, as the court may deem just.

Defects in notice of appeal or recognizance.

  1. No objection shall be taken or allowed, on any appeal, to any notice of appeal which is in writing or to any recognizance entered into under this order for the due prosecution of such appeal for any alleged error or defect therein, but if any such error or defect appears to the court to be such that the respondent on such appeal has been thereby deceived or misled, it shall be lawful for the court to amend the same, and if it is expedient to do so, also to adjourn the further hearing of the appeal, the amendment and the adjournment, if any, being made on such terms as the court may deem just.

Additional Evidence

  1. Upon the application of either party to the appeal the court may, in any case where it may consider it necessary that evidence should be adduced, either;

(a)     Order such evidence to be adduced, before court on some day to be fixed in that behalf; or

(b)     Refer the case back to the lower court to take such evidence, and may in such case either direct the lower court to adjudicate after taking such evidence and subject to such directions in law, if any, as the court may deem fit after taking such evidence, to report specific findings of fact for the information of the court and on any such reference the court shall so far as may be practicable and necessary be dealt with as if it were being heard in the first instance.

Mode of taking evidence

  1. (1) When additional evidence is to be taken by the lower court and specific findings of fact reported, it shall certify such evidence to the court which shall thereupon proceed to dispose of the appeal.

(2)     The parties or their counsel shall be present when the additional evidence is taken.

(3)     Evidence taken in pursuance of rule 26 shall be taken as if it were evidence taken at the trial before the lower court.

(4)     When forwarding to the court any additional evidence taken By a lower court in pursuance of rule 27, the lower court may express its opinion on the demeanour of the witnesses and of the value of their evidence and may also, if it is the same court against whose decision the appeal has been made, state whether or not it would have come to a different decision had the additional evidence been brought forwarded at the trial.

 

ORDER III – ADMINISTRATION AND GENERAL PROCEDURE

Service

  1. Any reference in these rules to an address for service means an address within the state where notices, orders warrants and other documents, proceedings and written communication if not required to be served personally, may be left or to which they may be sent.
  2. Where under these rules any notice or other application to the court, or the court below is required to have an address for service endorsed on it, it shall not be deemed to have been properly filed unless such an address is endorsed on it.
  3. Any person desiring to change his address for service shall notify the Registrar and the other parties.
  4. Except as may be otherwise provided in these rules or in any other written law, no notice or other written communication in proceedings in the court need be served personally except the of appeal and hearing notice.
  5. When a minister or commissioners, or the Attorney General or any other public officer of the federal Republic of Nigeria or of state or local Government therefore is a party ex-officio or as representing the federal, state or local Government , as the case may be in any proceedings in the court, any notice or other document may be served on him by leaving it at or by sending it by registered post to his chambers or office and service in this manner shall be effective as if it were personal service.
  6. (1) Where any document is required by those rules to be served personally, it shall be sufficiently served if it is served in the manner prescribed by these rules.

Proof of Service Form 4.

(2)     Proof of service shall be by evidence oath.

(3)     In all cases where service of any process or other document has been effected by a bailiff or such other person as is appointed by the court, an affidavit of service shall be sufficient proof of service, unless the contrary is proved.

Service out of Jurisdiction

  1. Where any person out of the jurisdiction of the court is a necessary or proper party to an appeal before the court and it is necessary to serve him with the notice of appeal or other document relating to the appeal, the court may upon application by the appellant allow service of the notice of appeal or such other document out of jurisdiction.
  2. Every application for an leave to serve a notice of appeal or other document on a person out of jurisdiction shall be supported by an affidavit showing in what place or country such a person is or probably may be found, and the grounds upon which the application is made.

 

ORDER IV – APPLICATION TO COURT.

  1. Every application to the court shall be by motion supported by an affidavit .it shall state the rules under which it is brought and the ground for the relief sought.
  2. Any application to the court for leave to appeal shall be by motion on notice which shall be served on the party or parties affected.

 

ORDER V. – COURT ORDERS

General Powers of Court.

  1. The court may from time to time make any order necessary for determining the real questioning controversy in the appeal and may amend any defect or error in the record of appeal and may direct the court below to inquire into and certify its finding on any question which it thinks fit to determine before final judgment in the appeal.

Re-hearing

  1. The court may direct or order any necessary inquiries or accounts to be made or taken generally and shall have full jurisdiction over the whose proceedings as if the proceedings had been instituted in the court as a court of first instance.
  2. The court may re-hear the case in whole or in part of may remit it to the court below for the purpose of such rehearing or may give such other directions as to the manner in which the court below shall deal with the case in accordance with the powers of that court, or in the case of an appeal from the court below in that court’s appellate jurisdiction order the case to be re-heard by a court of competent jurisdiction.

Protection of property

  1. The court shall have power to make orders by way of injunctions or the appointment of a receiver or manager and such other necessary orders in the protection of property or person pending the determination of an appeal to it even though no application for such an order was made in the court below.

Documents impounded by order of court

  1. (1) Documents impounded by order of the court shall not be delivered out of the custody of the court except in compliance with an order of the court.

(2)     Documents impounded by order of the court, whilst in the custody of the court, shall not be inspected except by a person authorized to do so by an order of the court.

Power of the Court as to new-trial.

  1. (a) On the hearing of any appeal the court may, if it thinks fit, make any such orders as could be made in pursuance of an application for a re-hearing or to set aside a decision binding, or judgment of the court below.

(2)     The court shall not be bound to order a re-hearing on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the court some substantial wrong or miscarriage of justice has been thereby occasioned.

(3)     A re-hearing may be ordered on any question without interfering with the finding or decision on any other question, and if it appears to the court that no such wrong or miscarriage of justice as is mentioned in paragraph (2) affects part only of the matter in controversy or one or some only of the parties, the court may order a re-hearing as to the part only, or as to that party or parties only and give final judgment as to the remainder.

(4)     In any case where the court has power to order as re-hearing on the ground that damages awarded by the court below are excessive or inadequate, the court may in lieu of ordering a re-hearing:-

(a)     Substitute for the sum awarded by the court below such term as appears to the court to be proper.

(b)     Reduce or increase the sum awarded by the court below by such amount as appear to the court to be proper in respect of any distinct head of damages erroneously included or excluded from the sum so awarded.

But except as aforesaid, the court shall not have power to reduce or increase the damages awarded by the court below.

Costs

  1. The court may make such order as to payment of costs by or to the appellant as it may deem to be just.

Judgement

  1. The judgment of the court shall be pronounced in open court either on the hearing of the appeal or at any subsequent time as ordered by the court.

 

ORDER VI – JUDGEMENT

Enrolment of judgement

2 (1) Every judgement of the court shall be embodied in an order

(2)     Interlocutory orders shall be prepared in like manner

(3)     A sealed or certified copy of the order be sent by the Registrar to the court below

Review of Judgment

  1. The court shall not review any judgement or order once given and delivered by it save to correct any clerical mistake or some error arising from any accidental slip or omission, or to vary the judgement or order so as to give effect to its meaning or intention. A judgement or order shall not be varied when it correctly represent what the court decided nor shall the operative and substantive part of it be varied and a different form substituted.

Enforcement of Judgement

  1. Any judgement given by the court may be enforced by the court or by the court below or by any other court which has been seized of the matter, as the court may direct.

Execution of Judgement by Court below

  1. When the court directs any judgement to be enforced by another court, a certificate under the seal of the court and the hand of the presiding Judge setting forth the judgement shall be transmitted by the Registrar to such other court and the latter shall enforce such judgement in terms of the certificate.

Notification of Judgement Form 5

6(1)   The Registrar, at the final determination of a appeal, shall notify in such manner as he thinks most convenient to the Registrar of the court below the decision of the court in relation thereto and also any orders or directions made or given by the court in relation to such appeal or any matter concerned therewith.

(2)     The Registrar of the court below shall on receiving the notification referred to in this rule, enter the particulars thereof on the records of such court.

Final disposal of exhibits documents, etc.

  1. Subject to any appeal to the Court of Appeal and upon the final determination of an appeal for the purposes of which the Registrar has obtained from the Registrar of the court below any original depositions, exhibits, information, inquisition, plea or forming part of the record of the court below, the Registrar, shall, where practicable, cause the same to be returned to the Registrar of the court below.

 

ORDER VII – COMPUTATION OF TIME

Computation of time

  1. Where by any written law or any special order made by the court in the course of any proceedings any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceedings, and such time is not limited by hours, the following rules shall apply.

(a)     The limited time does not include the day or the date of or the happening of the event, but commences at the beginning of the day next following that day;

(b)     The act or proceeding shall be done or taken at the latest on the last day of the limited time;

(c)     Where the time limited is less than five days, no public holiday, Saturday or Sunday shall be reckoned as part of the time;

(d)     When the time expires on a pubic holiday, Saturday or Sunday the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards not being a public holiday, Saturday or Sunday.

No Enlargement of time by consent of parties

  1. The parties may not by consent enlarge or abridge any of the time fixed by the provisions of these rules for taking any step, filing and document, giving any notice.

Discretionary power of the court to extent the period.

  1. (1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorized by these provisions, or by any judgement, order or direction, to do any act in any proceeding.

(2)     The court may extend any such period as is referred to in paragraph.

3        (1)     Although the application for extension is not made until after the expiration of the period.

 

ORDER VIII – MISCELLANEOUS

Non-compliance with Rules

  1. Non-compliance on the part of an applicant or a respondent with these rules or with any rule of practice for the time being in force shall not prevent the further prosecution of the appeal if the court considers that such non-compliance was not willful, or deliberate and that it is in the interest of justice that such non-compliance be waived. The court may in such manner as it thinks fit, direct the appellant or the respondent as the case may be to remedy such non-compliance, and thereupon the appeal shall period. The Registrar shall forthwith notify that appellant or the respondent as the case may be of any directions given by the court under this rule where the appellant or the respondent was not present at the time when such directions were given.

Day of Sitting

  1. Subject to the directions of the President, sittings of the court for the dispatch of appeals shall be held on every week-day except on any public holiday.

Annual Vacation

  1. There shall be an annual vacation of the court to commence on such date in August and of such duration, not exceeding six weeks. Provided that the President may alter the duration to comply with what is obtained in other superior courts of record in the Federal Republic of Nigeria.

Where no rule exists

  1. When a matter arises in respect of which no provisions, or no adequate provisions are made in these rules, the court shall adopt such procedure as will in its view do substantial justice between the parties concerned.

 

ORDER IX – FORMS

Forms

1(1)   The forms set out in the First schedule hereto, or Forms to the like effect may be used for the purpose of these rules, where appropriate.

  1. Where a form is proscribed by these rules, a form which differs from the prescribed Form shall not be invalid for the purposes of any proceedings under these rules by reason of any of the difference is not material particular and is not calculated to mislead or otherwise prejudice the proceedings under these rules.

 

FIRST SCHEDULE

FORM 1

NOTICE OF APPEAL

(Order II Rule 3)

Appeal No. CCA/……………………………….

Original Suit no…………………………………

To:-

The Registrar

Customary Court of Appeal,

Nasarawa State of Nigeria.

Lafia.

TAKE NOTICE that the Plaintiff/Defendant being dissatisfied with the judgement (or order, or decision) of the………………………………………contained in the judgement/ order/decision dated the……………….day of………….. 19…….. doth hereby appeal to the Customary Court of Appeal of Nasarawa State upon the grounds set out in paragraph 2 and will at hearing seek the relief set out in paragraph 3.

AND the appellant further states that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 4.

Grounds of Appeal:

(1) …………………………………………………………………………………….

(2) ……………………………………………………………………………………

(3) …………………………………………………………………………………….

29

  1. Relief sought from the Customary Court of Appeal

…………………………………………………………………………………….

…………………………………………………………………………………….

…………………………………………………………………………………….

  1. Persons directly affected by the appeal:

…………………………………………………………………………………….

…………………………………………………………………………………….

…………………………………………………………………………………….

…………………………………………..

Appellant’s Signature/Legal

Practitioner acting for him.

Applicant’s address for service:

………………………………………………………

………………………………………………………

Respondent’s Address for service

………………………………………………………

………………………………………………………

 

 

FORM 2

NOTICE OF HEARING

(Order II Rule 3)

IN THE CUSTOMARY COURT OF APPEAL OF

NASARAWA STATE OF NIGERIA

Appeal No. CCA/……………………………….

Original Suit no…………………………………

Between:

………………………………………………………………………………Appellant

And

…………………………………………………………………………Respondent

Take notice that this appeal has been duly filed and will be heard by the court at……………………………on the…………………… day of………………………19…………at……………… …………………….in the…………………………noon

………………………

REGISTRAR

 

FORM 3

ORDER FOR STAY OF EXECUTION

(Order II Rule 20)

IN THE CUSTOMARY COURT OF APPEAL OF

NASARAWA STATE OF NIGERIA

Appeal No. CCA/……………………………….

Original Suit No…………………………………

Between:

………………………………………………………………………………Appellant

And

…………………………………………………………………………Respondent

It is ordered that execution of the order/decision made by the…………………….against the Appellant be and is hereby suspended until the determination of this appeal.

…………………………………………

President/Presiding Judge

 

FORM 4

FOR ENDORSEMENT AND RETURN

AFFIDAVIT OF SERVICE

(Order 3 Rule 6(2)

IN THE CUSTOMARY COURT OF APPEAL OF

NASARAWA STATE OF NIGERIA

Appeal No. ……………………………….

Original Suit No…………………………………

Between:

…………………………………………………………………………Appellant(s)

And

………………………………………………………………………Respondent(s)

I,……………………………………………………of………………………………. make oath and say that on the……………………………….. day of………………………………………………………. At “O” clock. I served upon……………………………………….a writ of summons/Hearing Notice/Motion on Notice…………………….. a true copy where of is hereunto annexed issued out of this court at………………………………upon the complain of…………………………………delivering the same personally to……………………………………………………………at……………………….. before the day I served the summons/Hearing Notice/Motion on Notice I did not know…………………………. Personally but after he was pointed out to me

33

by……………………………….I asked him if he were……………… and he said that he was.

Before Me

COMMISSIONER FOR OATHS

………………………

REGISTRAR

 

FORM 5

NOTICE OF HEARING

(Order 6 Rule 2(1)

IN THE CUSTOMARY COURT OF APPEAL OF

NASARAWA STATE OF NIGERIA

Appeal No. CCA/……………………………….

Original Suit No…………………………………

Between:

………………………………………………………………………………Appellant

And

…………………………………………………………………………Respondent

This is to certify that this appeal was heard by the customary court of Appeal sitting………………………. On the……………………………….day of…………………………………………… that the following order was made:

ORDER

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

DATED at this day of……………………………………19………………….

………………………

REGISTRAR

 

SECOND SCHEDULE

FEES

(Order II Rule 16)

N k

  1. Filing Notice of Appeal if in time 100.00
  2. Filing Notice of Appeal if out of time 120.00
  3. 1 copy of the record of proceeding 50.00
  4. Service 50.00
  5. Oath (fee for swearing) 10.00
  6. Any Application 20.00
  7. For the drawing up of any order or Judgment 20.00
  8. For preparing a copy where

Authorized per folio

of 72 words                                                                    5.00

  1. On ruling any other papers or annexure 5.00
  2. Mileage 50.00

 

    Find other laws of Nasarawa State, Nigeria HERE

 

 

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