Mrs. Alero Jadesimi V. Adolo Okotie-eboh & Ors. (1986)
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ESO, J.S.C.
The application of Kehinde Sofola (S.A.N.), on behalf of the appellant, which is relevant to these Reasons, was brought under Order 2 Rule 31 which provides for enlargement of time for the doing of anything to which the Supreme Court Rules apply. In particular learned Senior Advocate seeks an order-
“that the time within which the appellant shall prepare the Record of Appeal herein for the use of the Judges be enlarged.”
This application is sequel to the application of Dr. (Mrs.) Clara Akele, who was the 2nd defendant in the trial Court, filed by her learned counsel, Miss Ayo Ogunsola, seeking an order for the striking out of the appeal of the appellant for want of prosecution.
We heard both applications on 16th September, 1985 and granted the order, sought by the appellant through her counsel, Mr. Kehinde Sofola (S.A.N.). We however reserved our reasons for granting this application till today. I now give my reasons for granting the order sought on that day.
Having regard to the facts that emerged from the submissions of both learned counsel, I think the issue herein is in regard to the understanding, or, rather non-understanding, of Order 7 particularly Rules 6 and 7 of the Supreme Court Rules, 1985. As the provisions of this Order are a complete departure from the procedure provided by the old Rules of this Court, that is Supreme Court Rules 1977, hereinafter referred to as the 1977 Rules, I think this is a good opportunity to have a break down and simple explanation of the new Rules.
Under the old system, as provided for by Order 7 Rules 4, 5, 6, 7, 8 and 12 of the 1977 Rules, the following procedure obtained.
(1) The appellant filed his notice of appeal in the Registry of the Court of Appeal (Rule 4).
(2) After the filing of the notice of appeal, the Registrar of the Court of Appeal caused to be served a true copy of such notice upon each of the persons who had been mentioned by the appellant in his notice of appeal (Rule 5).
(3) Whereupon, within thirty day of the service of the notice of appeal upon a Respondent, he filed, in duplicate, also with the Registrar of the Court of Appeal, notice of all full and sufficient address for service. The Registrar indicated to him the number of copies required and the Registrar would then send a copy of that notice of address to the Registrar of the Supreme Court with a copy thereof also served on the appellant (Rule 6).
(4) After the expiration of time for filing the notice referred to above, the Registrar of the Court of Appeal summoned the parties before him for the settlement of the Record of Appeal that is, in regard to the documents to be included in such Record, fixing of the amount of deposit by the appellant to cover the estimated cost of making up and forwarding the record, and also the amount of deposit for due prosecution of the appeal and payment of costs (Rule 7). The Registrar was limited to include in the Record of Appeal –
(a) the index;
(b) a statement by the Registrar of the Court of Appeal giving brief particulars of the case;
(c) copy of the notice of appeal and other relevant documents and
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