New Innovations in The 2021 Court Of Appeal Rule As Compiled By S. O. GIWA, Ibadan Based Legal Practitioner

PEGASUS LEGAL

Below are some innovations introduced by the new Court of Appeal Rules 2021 (the new Rules took effect on 1st November 2021):

1. Notice of motion to be accompanied with a written address – Order 6 rule 1

2. Response to motion within 4 days and reply within 3 days – Order 6 rule 1

3. Time stops to run whenever there is occurrence of events that disrupts the normal business of the court – Order 19 rule 12

4. Electronic filing established – Order 20

5. Virtual hearing – Order 21

6. Electronic compilation & transmission of record of appeal (in addition to physical compilation & transmission – Order 8

7. Electronic service of record of appeal (in addition to physical service)– Order 8

8. Deposit of at least N50,000 by the Appellant as security for cost and diligent prosecution – Order 8 rule 11

9. Appeal can be withdrawn consent of parties without the need for an order of court (just by filing the document(s) signifying the consent) – Order 11

10. Daily default fee of N200 for failure to file brief – 3rd Schedule

11. Appeal struck out for failure to compile & transmit records can be relisted upon application within 7 days and show of good cause – Order 8 rule 18

Further noticeable innovations in the new Court of Appeal Rules 2021 which came into force on 1st November 2021:

9. Introduction of not more than 5pages of an applicant’s written address as an accompaniment of every application

10. Respondent to respond within 5days to the application if necessary and Applicant has 3days to file reply on point of law of not more than 3pages. Order 6 rule 1

11. Awarding cost against a counsel for an incompetent application. Order 6 rule 11

12. Filing of appeal by electronic means or hard copy in the Registry. Order 7 rule 2(1)

13. Record filed out of time is deemed filed upon regularization and not on the day the application for extension of time is granted. Order 8 rule 4(2)

14. Provision for mandatory compilation and transmission of Records by electronic means to the official mail address with 10 copies of the Record of Appeal within 30 days upon the failure of the Registrar to compile Record within 60 days. Order 8 rule 4

15. Filing of notice of Preliminary Objection by electronic means with 10 copies and failure to do so, the court may refuse to entertain the objection or hearing may be adjourned at the cost of the Respondent. Order 10 rule 1

16. Introduction of default fee of N200 on late filing of Brief of Argument

By

S.O.Giwa Esq. a.k.a. Pentalk

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