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CUSTOMARY COURT OF APPEAL (APPEALS FROM AREA COURTS) RULES 1998
ARRANGEMENT OF ORDERS AND PAGES
ORDERS
III. Administration and General procedure
VII. Computation of Time
VIII. Miscellaneous
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
Interpretation
“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.
ORDER II – APPEALS
Notice and grounds of Appeal
Time for filling Appeal
Notice of Appeal Form 1
Particulars of the Notice and Grounds of Appeal
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
Several Appellants in the Same Proceedings
When Appeal is deemed brought
Service of the Notice of Appeal
(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.
Incompetent Appeal
Cross-Appeal
Ex-parte Judgement
(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
Where appellant fails to appear
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
(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
Waiver of Fees
(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
Death of the respondent
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
Notice of Preliminary 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
Exhibits
(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.
(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.
Additional Evidence
(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
(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
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
ORDER IV – APPLICATION TO COURT.
ORDER V. – COURT ORDERS
General Powers of Court.
Re-hearing
Protection of property
Documents impounded by order of 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.
(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
Judgement
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
Enforcement of Judgement
Execution of Judgement by Court below
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.
ORDER VII – COMPUTATION OF TIME
Computation of time
(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
Discretionary power of the court to extent the period.
(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
Day of Sitting
Annual Vacation
Where no rule exists
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.
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) …………………………………………………………………………………….
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…………………………………………………………………………………….
…………………………………………………………………………………….
…………………………………………………………………………………….
…………………………………………………………………………………….
…………………………………………………………………………………….
…………………………………………………………………………………….
…………………………………………..
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
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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
Authorized per folio
of 72 words 5.00
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