Constitution of Nigeria. Home Page. Law Reporting. In The Supreme Court of Nigeria. On Friday, the 12 th day of October
Laws of the Federation of Nigeria. Accordingly, when this appeal came up before this Honourable Court on Tuesday, the 2nd day of May,Chief Williams had to withdraw the purported appeal and it was Enlargement of record on appeal out. Doherty 1 All N. Adolphus Godwin Karibi-Whyte. Muhammadu Lawal Uwais. All briefs and written arguments shall be filed with the Clerk of the Appellate Court as designated by the Chief Justice to have custody of records of the Appellate Division. Azeez in his affidavit mistakenly referred to Chief Williams, S.
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By custom, if a party who has asked for argument does not answer at the call of the calendar, the cause will be marked submitted by that party. To quote:. Parties are reminded that the only official notice of the calendar date is the publication in the New York Law Pre-teeen sex photes. Alternative Dispute Resolution Rule 2. Documentary exhibits, including testimony in written form filed in Administrative Agency proceedings and photographs, shall be included in separate volumes that conform to the requirements of Appendix A 12 a1112and See Appellate Rule 68 I. Appellate Rule 8. The omission or redaction shall be indicated at the Asin teen panties it occurs in the Public Access version. Any record material cited in an appellate brief that is also included in an Addendum to Brief should include a citation to the Enlargement of record on appeal or Transcript and to the Addendum to Brief. If the trial court denies a party authorization to proceed in forma pauperis the party may file a motion in the Court on Appeal for leave to so proceed within fifteen 15 days of service of the trial court's order. Additionally, in all counties located in the Second Department except Kings Countya proposed order to show cause may be presented to an Appellate Term Coordinator located in the Supreme Court in the county in which the order or judgment appealed from arose. If the trial court clerk or Administrative Agency fails to issue, file, and serve a timely Notice of Completion of Transcript required by Rule 10 Dthe appellant shall seek an order from the Court on Appeal compelling the trial court Enlargement of record on appeal or Administrative Agency to issue, file and serve the Notice of Completion of Transcript. Reply briefs on Rehearing are prohibited. How a Case is Decided. A party initiates an appeal by filing a Notice of Appeal with the Clerk as defined in Rule 2 D within thirty 30 days after the entry of a Final Judgment is noted in the Chronological Case Summary.
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Fill out the Evaluation Questionnaire. This manual describes in simple terms the civil appellate process and the related California Rules of Court that are in effect as of the date at the bottom of the page in each chapter. The manual does not cover criminal or juvenile dependency appeals. The materials included here are not legal advice and may not be used as legal authority. The primary legal authority for the practices described in this manual is the California Rules of Court.
It is merely a general summary of the applicable rules. The rules themselves are subject to change, and you should consult them directly. In the event the information here differs from the California Rules of Court, you must follow the California Rules of Court. All of the forms referred to in this manual are included in the final section entitled "Sample Forms and Instructions", along with instructions for filling them out. A more abbreviated description of the civil appeal process form APP is also available.
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Civil Appellate Practices and Procedures for the Self-Represented This manual describes in simple terms the civil appellate process and the related California Rules of Court that are in effect as of the date at the bottom of the page in each chapter.
When a public officer who is sued in an official capacity dies, resigns or otherwise no longer holds public office, the officer's successor is automatically substituted as a party. Table of authorities. In any case in which the State seeks the death penalty or in which the interlocutory order raises a question of interpretation of IC , references in this Rule to the Court of Appeals shall refer to the Supreme Court. A party seeking to vacate a dismissal on defaultmust: 1 demonstrate a reasonable excuse for its default; and 2 a meritorious appeal or defense see CPLR [a]. A party is not required to use all of the time allowed, and the Court may terminate any argument if in its judgment further argument is unnecessary. However, the Board of Appeal decided that there simply was not enough information in D2 to re-produce the examples of D2, and so the Board decided that the sample produced by the appellant-opponent was not directly and unambiguously disclosed by D2.
Enlargement of record on appeal. Leave a Comment
Constitution of Nigeria. Home Page. Law Reporting. In The Supreme Court of Nigeria. On Friday, the 12 th day of October Before Their Lordships. Andrew Otutu Obaseki. Justice, Supreme Court. Muhammadu Lawal Uwais Adolphus Godwin Karibi-Whyte. Abdul Ganiyu Olatunji Agbaje. Philip Nnaemeka-Agu. Appellant s. Judgement of the Court. Delivered by. The claims of the plaintiffs against the defendants jointly and severally in the suit were as follows N 1, The case proceeded to trial before Ononuju, J.
The defendants being dissatisfied with the judgment appealed against it to the Court of Appeal Enugu Judicial Division. That court coram Phil-Ebosie, O. By a Notice of Appeal dated 2nd May. I say the defendants purported to appeal against the decision of the Court of Appeal because when that appeal having been duly entered in this court as Suit No.
I the circumstances the appeal was struck out. By a motion on Notice dated 22nd May, counsel on behalf of the defendants applied in this court inter alia for an extension of time within which the defendants may seek leave to appeal against the judgment of Court of Appeal to which I have referred above and also for leave to appeal against it.
When this application came on for hearing on 23rd October, it transpired that the application was detective and so it was struck out. Consequent upon the failure of the application to which I have just referred above, the defendants have now brought the two applications which are now the subject-matter of the ruling I am about to deliver.
In the first application dated 8th November, , the defendants see king the following reliefs from this court Azeez in his affidavit mistakenly referred to Chief Williams, S. The material portions of the affidavit of Mr. Azeez in support of the defendants application now under consideration are as follows The above-named appellants purported to commence the appeal herein by Notice of Appeal dated the 3rd day of May, which were settled by their counsel Chief J.
Chief Rotimi Williams' Chambers started to act in this matter around the same time. Unfortunately, due to oversight on the part of counsel who were assisting Chief Williams in this case, the need to obtain leave to appeal was overlooked and neither Chief Obonna nor any of the said counsel assisting Chief Williams drew his attention either to say this fact or to the need to file a Brief in support of the application for leave to appeal.
Accordingly, when this appeal came up before this Honourable Court on Tuesday, the 2nd day of May, , Chief Williams had to withdraw the purported appeal and it was struck out. The oversight mentioned in paragraph 4 above must have been shared by the learned counsel for the respondents who appeared in proceedings in the court below and also before this court for stay of execution pending appeal and he did not object on the ground that there was no appeal before the court.
After the appeal was struck out on 2. The appellants have always been and are still willing to prosecute appeal and I swear to this Affidavit in support of the Motion reliefs in that behalf. Brief of Arguments was filed by counsel for the defendants, Chief F. Williams, S. Alongside the affidavit of in support of the application must be stated the relevant averments in affidavit for the plaintiffs sworn by George Onwubuya, a Legal Practitioner in the Chambers of Chief G.
Onyiuke, S. They are as follows That judgment was entered in favour of the respondents in the High Court on the 16th day of February, , in terms of their claim. This appeal was entered in this Honourable Court as S. That on 2nd May, the appeal came up for hearing but was struck out by this Honourable Court as incompetent.
That on the 22nd May, , about 4 years 10 days after the expiration of the statutory period allowed the applicants to appeal to the Supreme Court, the applicants filed an application for extension of time within which to seek leave to appeal and leave to appeal. That this application proceedings were entered in this Honourable Court as S.
That it was not until the 13th day of October, that is to say, about 5 months after the filing of the Motion on Notice for extesion of time within which to seek leave to appeal that the applicants filed their Brief in support of their Application. That this application was struck out by this Honourable Court the 23rd October, , again, as incompetent on the ground the applicants omitted to ask for extension of time within which to appeal. Certified true copies of the judgment of Kawu J.
This was the end of the proceeding in SC. That the applicants on the 8th November, brought a fresh application entitled SC. What I have left out in the 22 paragraph counter affidavit of George Onwubuya are those portions thereof which, in my opinion, contain extraneous matters by way of objection, or prayer, or legal argument or which ought not to be found in an affidavit.
See Section 86 of the Evidence Act. Counsel for the plaintiffs, Chief Onyuike, S. In the defendants' brief in support of the application it is submitted the issues for determination in this appeal are as follows In their own brief the plaintiffs have not identified the issues for determination in this application. It appears clear to me that the defendants are in error as to the issues said to arise for determination in this application.
The issues said by the defendants to arise for determination are issues to be considered if and when the appeal itself comes on for hearing. In my view the sole issue for determination in this application is whether or not on the material presented by the defendants and having regard to the counter-affidavit of the plaintiffs, the undoubted discretion of this court to extend time within which to appeal and leave to appeal should be exercised in favour of the defendants.
However what I have just said about the failure of the defendants to identify issues for determination in this application could not in my view be fatal to their application, for both in the rest of the defendants' brief of and in the plaintiffs' brief of argument and in oral submissions of counsel for both sides in open court to us, everything proceeded on the footing that the sole issue for decision in this application is whether or not the defendants are entitled to the prayers sought in their application.
I will therefore now proceed to consider the defendants' application on that basis. The defendants' application is brought under Section 31 4 of the Supreme Court Act; Order 2 rule 31 and Order 6 rule 2 of the Supreme Court herein after called the Rules. Section 31 4 of the Supreme Court Act provides that the Supreme Court may extend the period prescribed in Section 31 ii of the Act for giving Notice of Appeal or Notice of Application for leave to appeal.
Order 2 rule 31 of the Rules provides as follows:. There shall be exhibited or annexed to such affidavit -. Order 6 rule 2 of the Rules provides that an application for leave to appeal or for enlargement of time within which to appeal or to seek leave to appeal shall be supported by a brief.
I have said earlier on in this ruling that the defendants have filed a brief in support of the application the subject-matter of this ruling. To that extent the defendants have complied with the provisions of Order 6 rule 2.
Chief Onyiuke, S. Order 6 Rule 2 i d provides that an application for leave to appeal or for enlargement of within which to appeal or to seek leave to appeal shall in addition to the brief in its support include the proposed grounds of appeal from the judgments appealed against.
I have already copied above Order 2 rule 31 2. Order rule 32 provides as follows:. Where, in an appeal to the court from the court below, the court below has affirmed the findings of fact of the court of first stance, any application to the court in pursuance of its jurisdiction under section 3 of the Constitution for leave to app shall be granted only in exceptional circumstances.
I can now refer to the second application of the defendants before dated 15th June, seeking leave for this court to amend the grounds appeal contained in the Notice of Appeal exhibited to the application leave to appeal and for an extension of time within which to appeal. Having drawn attention of counsel to the defendants to the fact that as at now is no pending Notice of Appeal in the matter in hand and that what before us is a proposed Notice of Appeal, counsel for the defendants Williams, S.
This being a can now say that the proposed grounds of appeal of the defendants in port of both the application for leave to appeal and for an extension of within which to appeal are as follows:.
The Court of Appeal erroneously considered that the said Exhibit 'D' was proved to support a plea of estoppel per rem judicatam. Bonsie 14 W. Having now shown that the application by the defendants for an extension of time within which to appeal and for leave to appeal contains the proposed grounds of appeal of the defendants against the judgment of the lower court it appears clear to me that there is no substance in the submission of counsel for the plaintiffs that the defendants have not complied with the provisions of Order 6 rule 2 1 d of the Rules of the Supreme Court which enjoin them to include their proposed grounds of appeal in the present application by them.
We are now dealing with an application for leave to appeal, the time for expired. I have said that there is no doubt about it that this court has an undoubted discretion to grant or refuse the application. It is strite to say that such discretion must be exercised judicially. In effect the discretion must be exercised having regard to the principles governing the exercise of such discretion.
It behoves me therefore to set down first the principles governing an extension of time within which to appeal. In this regard I will start by stating what Henn Collins. Finding 2 All E. We are asked by the appellant to extend an indulgence to him. The court can do that only on settled principles, the chief of which is that it has an absolute discretion in the matter.
That discretion must be exercised judicially, and, having regard to certain not very sharply defined principles - necessarily not sharply defined, inasmuch as one is dealing with a question of discretion, which must vary with every case.
That something is, as a rule. Those are only instances, and certainly they do not constitute an exhaustive list. Next I will refer to what Langton, J. The court should not lose sight of the fact that, when the time for appeal has run out, and run out without any kind of protest on the part of the would-be appellant, the respondent has a certain accrued right. As Mr. Winn has properly pointed out. The length of the period of time elapsed is a matter of degree only.
In the same vein. Cumarasamy 1 W.