CourtofAppealRules

Court of Appeal Rules

Contents

Order I

General

1.	Short title	2	Interpretation	3	Service
4.	Conflict with State Law or Rules	5.	Fees	6.	Registries and Filing of documents and proceedings
7.	Hours of opening to public	8.	Sessions	9.	Notification of sittings
10.	Adjournment	11.	Chief Registrar	12.	Other Registrars
13.	Seal of the Court	14.	Powers of the Chief Registrar	15.	Books to be kept by Registrar
16.	Files for documents	17.	Setting aside or varying order of Registrar	18.	Forms
19.	Appearance by counsel	20.	General Powers of the Court	21.	Powers of the Court as to new trial
22.	Control of proceedings during pendency of appeal.

Order 2

References as to Constitution and Reserved Points of Law

1.	Stating a case	2	Signature of a case stated	3	Form of case stated
4.	Right of audience

Order 3

Civil Appeals

1.	Application	2	Notice and grounds of appeal	3	Applications to the Court
4.	Enlargement of time	5.	When appeal is deemed brought	6.	Notice of appeal : on whom served
7.	Address for service	8.	Registrar’s summons	9.	Record of appeal
10.	Cost of records	11.	Security for costs	12.	Additional security for costs
13.	Transmission of records	14.	Respondent’s notice of contention that judgement should be varied or affirmed on other grounds	15.	Notice of preliminary objection
16.	Amendment of Notice of Appeal or Respondent’s notice	17.	Directions of the Court as to service of notice of appeal or respondent’s notice	18.	Withdrawal of appeal
19.	Appeal by respondent after appellant’s appeal is withdrawn	20.	Non-compliance with conditions of appeal	21.	Exhibits
22.	Interlocutory judgement not to prejudice appeal	23.	Power of Court to give any judgement and make order	24.	Declaration by party not appearing
25.	Non-appearance of appellant and relishing an appeal struck out	26.	Non-appearance of respondent	27.	Application to set aside ex parte judgement
28.	Fees	29.	Proceedings by persons without means	30.	Cost of proceedings by persons without means
31.	Service of record of appeal to the Supreme Court	32.	Certification of service and transmission of record to the Supreme Court

Order 4

Criminal Appeals

1.	Appeals to which Order applies	2.	Applications not specifically provided for	3.	Notice of appeal, and application for leave to appeal, or of application for extension of time and amendments thereof
4.	Notice of appeal, etc. who should sign	5.	Application for extension of time	6.	Notice of application for leave to appeal
7.	Dealing with application for leave to appeal and other preliminary applications	8.	Forwarding of proceedings of court below to Registrar	9.	Fees
10.	Record in Criminal appeals from court below in original jurisdiction	11.	Record in criminal appeals from the court below in its appellate jurisdiction	12.	Report of the Judge of the court of trial
13.	Furnishing Judge of court of trial with materials for report	14.	Bail	15.	Fines
16.	Varying order of restitution of property	17.	Non-suspension of order of restitution	18.	Restriction on issue of certificate of conviction
19.	Abandonment of appeal	20.	Notice of abandonment of appeal may be withdrawn	21.	Non-attendance of appellant

22(1) 22(2)	Non-attendance of respondent Setting aside judgement	23(2) 23(2) 22(3) 22(4) 22(5) 22(6) 22(7) 22(8) 22(9)	Attendance of witness before the court Application to court to hear witnesses Order appointing examiner Furnishing examiner with exhibits, etc. for examination Notification of date of examination Evidence to be taken on oath Deposition of witnesses : how to take Expenses of witnesses before examiner Presence of parties at examination of witnesses	24.	Proceedings on reference
25(1) 25(2)	Notification of final determination of appeal Notification of appeals in capital cases	26.	Notification of result of appeal to court below	27.	Return of original depositions, etc.
28.	Enforcement of order	29.	Service of record of appeal to the Supreme Court	30.	Certification of service and transmission of record to the Supreme Court

Order 5

Judgement

1.	Judgement	2	Enrolment of judgement	3	Review of judgement
4.	Enforcement of judgement	5.	Execution of judgement by court below	6.	Costs
7.	Notification of judgement	8.	Final disposal of exhibits, documents, etc.

Order 6

Filing of Brief of Argument

1.	Application	2	Filing of appellant's brief	3	Forms and contents of brief
4.	Filing of Respondent's brief	5.	Filing reply brief	6.	Joint and several brief
7.	Cross Appeals of Respondent's Notice	8.	Number and service of documents	9.	Oral Argument
10.	Consequence of failure of filing briefs	11.	Power of court to accelerate hearing in exceptional cir4cumstances

Order 7

Miscellaneous

1.	Records of appeal from Sharia Court of Appeal or Customary Court of Appeal	2	Departure from the Rules	3	Non-compliance with Rules
4.	List of Law Reports, Text books, etc. to be forwarded to the Registrar

First Schedule

Civil Forms

Second Schedule

Criminal Forms

Third Schedule

Fees in Civil and Criminal matters

Court of Appeal Rules

Commencement: 1^st day of July 1981

Order I

General

1. These Rules may be cited as the Court of Appeal Rules.

2. In these Rules, unless it is otherwise expressly provided or required by the context :

"The Act" means the Court of Appeal Act,

"appeal" includes an application for leave to appeal;

"appellant" means any person who desires to appeal or appeals from a decision of the Court below or who applies for leave to so appeal, and includes a legal practitioner representing such a person in that behalf;

"cause" includes any action suit or other proceeding between an appellant and a respondent or any applicant and a respondent, and any criminal proceeding;

"Chief Registrar: means the Chief Registrar of the Court;

"the Constitution" means the Constitution of the Federal Republic of Nigeria;

"the Court" means the Court of Appeal;

"court below" or "lower court" means any court or tribunal from which appeal is brought;

"High Court" means the Federal High Court, the High Court of the Federal Capital Territory, Abuja or any High Court established for a State under the Constitution"

"Justice" means a Justice of the Court;

"legal representative" means a person admitted to practise in the Supreme Court who has been retained by or assigned to a party to represent him in the proceedings before the Court;

"President " means the President of the Court;

"Presiding Justice" means the most senior Justice in charge of any Branch of the Court including Lagos;

"record" means the aggregate of papers relating to an appeal including the pleadings, proceedings, evidence and judgements proper to be laid before the Court on the hearing of the appeal;

"Registrar" means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, Senior Registrar, or Registrar of the Court, or any other officer of the Court by whatever title called exercising functions analogues to those of a Registrar of the Court;

"Registrar of the Court below" includes the Chief Registrar and any Registrar of whatever grade of the court below, and any officer of the court below exercising functions analogues to those of the Chief Registrar of the Federal High Court, the High Court of the Federal Capital Territory, Abuja, High Court of a State, Sharia Court of Appeal, Customary Court of Appeal or other court or tribunal from which an appeal is brought to the Court:

"respondent" in a civil appeal means any party (other than the appellant) directly affected by the appeal ; and in a criminal appeal means the person who undertakes the defence of the judgment appealed against :

"Rules" means these Rules or any amendment thereto or any other additional Rules made under the Constitution of the Federal Republic of Nigeria, 1979 and included the Fees and Forms as contained in the Schedules to these Rules;

"Supreme Court" means the Supreme Court of Nigeria.

3. (1) Any reference in these Rules to an address for service means an address within the Federal Republic of Nigeria where notices, orders, summonses, warrants and other documents, proceedings, and written communications, if not required to be served personally, may be left, or to which they may be sent.

(2) Where under these Rules any person has given an address for service, any notice or other written communication which is not required to be served personally shall be sufficiently served upon him if it is left at that address or sent by registered post to that address " and in any case where the date of service by post is material section 25 of the Interpretation Act, 1964, shall apply.

(3) Where under these Rules any notice or other application to the Court, or to 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.

(4) Any person desiring to change his address for service shall notify the Registrar, who shall thereupon communicate the new address for service to anyone to whom he may have communicated the former address.

(5) Where any person has given the address of a legal practitioner as his address for service and the legal practitioner is not pr has ceased to be instructed by him for the purpose of the proceedings concerned, it shall be the duty of the legal practitioner to inform the Registrar as soon as may be that he is not or no longer authorised to accept service on behalf of such person, and if he omits to do so he may be ordered to personally pay any costs occasioned thereby.

(6) 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 to served personally except the notice of appeal :

Provided that if the Court is satisfied that the notice of appeal has in fact been communicated to the respondent no objection to the hearing of the appeal shall lie on the ground that the notice of appeal was not served personally.

(7) Where a Minister or Commissioner, or the Attorney-General, or the Director of Public prosecutions, or any other public officer, of the Federal Republic of Nigeria or of a State thereof is a party ex-officio or as representing the Federal or a State Government, as the case may be, in any proceedings in the Court, whether civil or criminal, any notice or other document may served on him by leaving it at or by sending it by registered post to his chambers of office and service in this manner shall be effective as if it were personal service.

(8) Where any document is required by these Rules to be served personally, it shall be sufficiently served if it is served in the manner prescribed by law for the personal service of a writ of summons issued by the High Court having jurisdiction in the State in which service is to be effected, and if it appears to the Court that for any reason personal service cannot be conveniently effected, the court shall have the same power as that High Court to direct that service be effected in some other way.

(9) Where any person out of 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 allow service of the notice of appeal or such other document out of the jurisdiction.

(10) Every application for an order for leave to serve a notice of appeal or other document on a person out of the jurisdiction shall be supported by evidence by affidavit or otherwise showing in what place or country such a person is or probably may be found, and the grounds upon which the application is made.

(11) Any order giving leave to effect service out of the jurisdiction shall prescribe the mode of service, and shall limit a time within which such party may acknowledge such a service, such a time to depend on the place or country where or within which the notice or document is to be served, and the Court may receive an affidavit or statutory declaration of such service having been affected as prima facie evidence thereof.

4. The practice and procedure of the Court shall be as prescribed by these Rules notwithstanding any written law or rule of practice to the contrary obtaining in any of the States.

5. The fees set out in the Third Schedule shall be payable in respect of the matters to which they relate.

6. (1) The Registries of the Court shall be situated at Lagos, Kaduna, Enugu, Ibadan, Benin City, and at the seat of such other branches of the Court as may be established.

(2) Except when otherwise expressly provided, all document and proceedings shall be filed in the appropriate Registry, provided that whilst the Court is sitting in any branch or other place of session any documents or proceedings in connection with matter to be dealt with at such branch or other place session may be filed with Registrar of the Court at such a place.

(3) A document may be filed in the appropriate Registry of the Court or such other place of session either by being delivered there by the party or his legal representative or agent in person or by being sent there by registered post.

7. The Registries of the Court shall, subject to the directions of the President, be opened to the public on every day in the year from eight o’clock in the forenoon to one o’clock in the afternoon, except on Saturdays and Sundays or on any day declared a public holiday under any written law.

8. Sessions of the Court may be convened and constituted, and the time, venue and forum for all session and for hearing interlocutory applications shall settled in accordance with general or specific directions to be given by the President.

9. (1) The sittings of the Court and the matters to be disposed of at such sitting shall be advertised and notified in such manner as the President may direct :

Provided that the Court may in its discretion hear any appeal and deal with any other matter whether or not the same has been advertised.

(2) This Rule shall not apply to the hearing of any matter by a single Justice.

10. The Court may at any time on application or of its own motion adjourn any proceedings pending before it from time to time and from place to place.

11. The Chief Registrar shall have the custody of the records of the Court and shall exercise such other functions as are assigned to him by these Rules and by such directions as the President may give from time to time.

12. The President may assign, and the Chief Registrar may, with the approval of the President, delegate to the Deputy Chief Registrar or to any Registrar of the Court any functions required by these Rules to be exercised by the Chief Registrar.

13. The Seal of t he Court shall kept in the custody of the President who may entrust same or duplicate thereof to such officers of the Court as he may think fit.

14. Except as may be otherwise provided in the Constitution, or in any other enactment, the Chief Registrar shall have such jurisdiction powers and duties as are given him by these Rules or such further powers and duties as the President may direct.

15. (1) The Registrar shall keep :

(a) a Criminal Appeal Book ;

(b) a Civil Appeal Book ;

each of which shall contain an index in alphabetical order.

(2) The following particulars shall be entered in the Criminal Appeal Book and the Civil Appeal Book

(a) the number of the appeal or application ;

(b) the names of the appellant or applicant and the respondent ;

(d) the date and place of hearing of the appeal ;

(e) the names of counsel ;

(f) the subject matter of the appeal or application ;

(g) the judgment of the Court ;

(h) any subsequent proceedings and remarks.

16. As soon as notice of appeal is delivered the Registrar shall prepare a file in which documents relating to the appeal shall be files and on the front page thereof shall be recorded particulars of such documents and dates on which they are received.

17. Any person aggrieved by anything done or ordered to be done by the Registrar other than anything ordered or done by the direction of the President, may apply to the Court or a Justice to have the act, order, or ruling complained of set aside or varied and the Court or a Justice may give such directions or makes such order thereon as the Court or a Justice thinks fit. Such application shall be made by notice of motion supported by affidavits setting out the complaint the grounds for the complaint and the relief sought.

18. The forms set out in the First and Second Schedules to these Rules, or forms as near thereto as circumstances permit, shall be used in all cases to which such forms are applicable.

19. Except as may otherwise be permitted in writing by the Court in special cases a legal practitioner of less than five years’ standing at the Bar may not appear in any cause or matter before the Court except as a junior to a legal practitioner of at least five years’ standing at the Bar.

20. (1) In relation to an appeal the Court shall have all the powers and duties as to amendment and otherwise of the High Court including without prejudice to the generality of the foregoing words, in civil matters the powers of the High Court in civil matters to refer any question or issue of fact arising on the appeal for trial before, or inquiry and report by, an official or special referee.

In relation to a reference made to an official or special referee, anything which can be required or authorized to be done by to or before the High Court shall be done by to or before the Court.

(2) A single Justice may sit in Chambers.

(3) The Court shall have power to receive further evidence on questions of fact, either by oral examination in court, affidavit, or by deposition taken before an examiner or commissioner as the Court may direct, but, in case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds.

(4) The Court shall have power to draw interferences of fact and to give any judgment and make order which ought to have been given or made, and to make such further or other order as the case may require, including any order as to costs.

(5) The powers of the Court under the foregoing provisions of this rule may be exercised notwithstanding that no notice of appeal or respondent’s notice has been given in respect of any particular part of the decision of the court below, or by any particular party to the proceedings in that court, or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice ; and the Court may make any order, on such terms as the Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(6) The Court may, in special circumstances, order that such security shall be given for the costs of an appeal as may be just.

(7) The powers of the Court in respect of an appeal shall not restricted by reason of any interlocutory order from which there has been no appeal.

(8) The Court shall have power to make orders by way injunctions or the appointment of a receiver or manager and such other necessary orders for 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.

(9) 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 :

Provided that where the Attorney-General of the Federal Republic of Nigeria or of a State or the Director of Public Prosecutions of the Federal Republic of Nigeria or of a State makes a written request in that behalf, documents so impounded shall be delivered into his custody.

(10) Documents impounded by order of the Court, while in the custody of the Court, shall not inspected except by a person authorized to do so by an order of the Court.

21. (1) 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 new trial or to set aside a verdict, finding or judgment of the court below.

(2) The Court shall not be bound to order a new trial 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 new trial may be ordered on any question without interfering with the finding or decision on any other question ; and if it appear to the Court that any 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 new trial as to the party only, or as to that party or these parties only, and give final judgment as to the remainder.

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

(a) substitute for the sum awarded by the court below such sum as appears to the Court to be proper ;

(b) reduce or increase the sum awarded by the court below by such amount as appears 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.

(5) A new trial shall not be ordered by reason of the ruling of any judge of the court below that a document is sufficiently stamped or does not require to be stamped.

22. After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto, and except as may be otherwise provided in theses Rules, every application therein shall be made to the court and not to the court below, but any application may be filed in the court below for transmission of the Court.

Order 2

References as to Constitution and Reserved Points of Law

1. When a lower court refers any question as to interpretation of the Constitution under section 259 of the Constitution, or reserves any question of law for the consideration of the Court in accordance with any written Law, the lower court referring or reserving the question of law, as the case may be shall state a case in Civil Form 1 or 2 in the First Schedule to these Rules, whichever may be appropriate, and the Registrar of the lower court shall forward ten copies direct to the Registrar.

2. (1) When the lower court making an application consists of three more judges, the case shall be stated on behalf of the lower court by a majority of those judges

(2) When a question is referred or reserved by the lower court the question shall be signed by all or by a majority of the judges of the lower court referring or reserving the question.

3. A case stated under this Order shall be divided into paragraphs, which, as near as may be, shall be confined to distinct portions of the subject whether facts, point of law, or document and every paragraph shall be numbered consecutively. It shall state such of the findings of fact as are necessary to explain the question on which the decision of the Court is sought but except where in a criminal matter, the question is whether there is any evidence to support any decision, or whether the evidence for the prosecution disclosed a case for the defendant to answer, it shall not contain a statement of the evidence. It shall also state the contentions of the parties, the opinion or decision (if any) of the court stating the case and the question of law for the determination of the court. In cases to which section 243A of the Criminal Procedure Act (or similar provision in any State law) applies, the case shall state whether the hearing has been adjourned or the verdict has been postponed or sentence has been respited and whether the person accused or convicted has been committed to prison or admitted to bail.

4. (1) Subject to the provisions of this rule, the following persons shall be entitled as of right to appear in person or by a legal practitioner at the hearing of any case stated under this Order :

(a) the parties to the proceedings in which the question of law arose ; and

(b) in any case states involving a substantial question of law as to the validity of any law enacted by the National Assembly, the Attorney-General of the Education.

(2) The following persons may by leave of the Court, appear in person or by a legal practitioner at the hearing of any case stated on the reference to the Court of any question s to the interpretation of the Constitution or any section of the Constitution pertaining to a State, as the case may be :

(a) Where he is not entitled to appear as of right under paragraph (1) (b) of this rule, the Attorney-General of the Federation ; and

(b) the Attorney-General of the State.

3. The Registrar shall forward to the Attorney-General of the Federation or of a State, as the case may be, a copy of any case stated to which this rule applied. Any other person who is entitled as of right to appear, and any person who may appear by leave of the Court, may obtain a copy of the case stated from the Registrar of the lower court on payment of such fee as may be prescribed.

Order 3

Civil Appeals

1. This Order shall apply to appeals to the Court from any court or tribunal acting either in its original or its appellate jurisdiction in civil cases, and to matters related thereto.

2. (1) All appeals shall be by law of rehearing and shall be brought by notice (hereinafter called "the notice of appeal") to be filed in the Registry of the court below which shall set forth the grounds of appeal, shall state whether the whole or part only of the decision of the court below is complained of (in the latter case specifying such part) and shall state also the exact nature of the relief sought and the names and addresses of all parties directly affected by the appeal, and shall be accompanied by a sufficient number of copies for service on all such parties. It shall also have endorsed on it an address for service.

(2) If the grounds of appeal allege misdirection or error in law the particulars and the nature of the misdirection of error shall be clearly stated.

(3) The notice of appeal shall set forth concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

(4) No ground which is vague or general in terms or which discloses no reasonable ground of appeal shall be permitted, save the general ground that the judgment is against the weight of the evidence, and any ground of appeal or any part thereof which is not permitted under this rule may be struck out by the Court of its own motion or on application by the respondent.

(5) The appellant shall not without the leave of the Court urge or be heard in support of any ground of appeal not mentioned in the notice of appeal, but the Court may in its discretion allow the appellant to amend the grounds of appeal upon payment of the fees prescribed for making such amendment and upon such terms as the Court may deem just.

(6) Notwithstanding the foregoing provisions the Court in deciding the appeal shall not be confined to the grounds set forth by the appellant :

Provided that the Court shall not if it allows the appeal rest its decision on any ground not set forth by the appellant unless the respondent has had sufficient opportunity of contesting the case on that ground.

(7) 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.

3. (1) Every application to the Court shall be by notice of motion supported by affidavit. It shall state the rule under which it is brought and the ground for the relief sought.

(2) Any application to the Court for leave to appeal (other than an application made after the expiration of the time for appealing) shall be by notice of motion which shall be served on the party or parties affected.

(3) Where under these Rules an application has been refused by the Court below, an application for a similar purpose may be made to the Court within fifteen days after the date of the refusal.

(4) Wherever under these Rules an application may be made either to the court below or to the Court it shall not be made in the first instance to the Court except where there are special circumstances which make it impossible or impracticable to apply to the court below.

(5) If leave to appeal is granted by the Court or by the court below the appellant shall file a notice of appeal within the time prescribed by section 25 of the Act.

(6) Where an application for leave to appeal from a decision of the court below has been brought within the time specified by section 25 of the Act but has not been heard within that period, the Court, if satisfied that there has not been an unreasonable delay in bringing the application, may extend time to appeal and in a proper grant leave to appeal.

(7) The application for leave to appeal from a decision of a lower court shall contain copies of the following items, namely :

(a) Civil Form 5 duly completed.

(b) A certified true copy of the judgment of the court below sought to be appealed against.

(d) Where leave has been refused by the lower court a copy of the order refusing leave.

4. (1) The Court may enlarge the time provided by these Rules for the doing of anything to which these Rules apply.

(2) Every application for an enlargement of time in which to appeal shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard. When time is so enlarged a copy of the order granting such enlargement shall be annexed to the notice of appeal.

5. An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the Court below.

6. (1) The Registrar of the court below shall after the notice of appeal has been filed, cause to be served a true copy thereof upon each of the parties mentioned in the notice of appeal. It shall not be necessary to serve any party not directly affected.

Provided that the Court may, of its own motion, or on the application of any person claiming to be affected, direct notice to be served on all or any parties to the action or other proceeding or upon any person not a party and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just and makes such order as might have been made if the persons served with such notice had been originally parties to the appeal.

(2) Notwithstanding anything in Rule 3 (6) of Order I where in any proceeding in the court below a party has given an address for service, notice of appeal from any decision made under such proceeding may be served on such party at such address for service, notwithstanding that the address may b that of a legal representative who has not been retained for the purpose of an appeal, and notice of any application preparatory or incidental to any such appeal may be served in like manner at any time before the date on which the respondent gives notice of his address for service in accordance with the immediately following rule.

7. (1) Every person who by virtue of service on him of a notice of appeal becomes a respondent to any appeal or intended appeal shall within thirty days after service on him of the notice of appeal file in duplicate with the Registrar of the court below notice of a full and sufficient address for service in such number of copies as the said Registrar shall require. The Registrar of the court below shall forthwith send a copy of the notice of address of the Registrar and shall cause a copy thereof to be served on the appellant.

(2) Such notice may be signed by the respondent or his legal representative.

(3) If any respondent fails or omits to file such notice of address for service it shall not be necessary to serve on him any other proceedings in the appeal or any notice of hearing thereof.

(4) Any party to an appeal or intended appeal may change his address for service at any time by filing and serving on all other parties to the appeal or intended appeal notice of such change.

8. (1) The Registrar of the court below shall after the expiration of the time prescribed for filing notice of address for service summon the parties before him to :

(a) settle the documents to be included in the record of appeal ;

(b) fix the amount to be deposited by the appellant to cover the estimated cost of making up and forwarding the record of appeal ;

(c) fix the amount to be deposited by the appellant or secured by bond for the due prosecution of the appeal and the payment of any costs.

(2) The said Registrar shall whether any of the parties attend or not, provided that notice has been duly served on those parties who filed an address for service, proceed to settle and determine those matters in accordance with the provisions or Rules 9, 10 and 11 of this Order.

9. (1) The record of appeal shall contain the following documents in the order set out :-

(a) the index ;

(b) a statement by the Registrar of the court below giving brief particulars of the case and including a schedule of the fees paid ;

(c) copies of documents settled by the Registrar of the court below for inclusion in the record of appeal in accordance with Rule 8 of this Order ;

(d) a copy of the notice of appeal and other relevant documents filed in connection with the appeal.