BORNO STATE (SHARIA COURT OF APPEAL) RULES 2018

[Electronic PDF copies are available in singles, groups or as a compendium for a fee. Email lawnigeria@gmail.com and info@lawnigeria.com or WhatsApp +234 706 7102 097]

ARRANGEMENT OF RULES

ORDER 1 – CITATION, COMMENCEMENT AND INTERPRETATION

1.       Citation

2.       Interpretation

ORDER 2 – SESSION

1.       Publication of notice of session and cause list in Borno State Gazette Form 2

ORDER 3 – EFFECT OF NON-COMPLIANCE

1.       Non-compliance

ORDER 4 – PROCEDURE ON APPEAL

1.       Entry of Appeal

2.       Time for Entry Appeal

3.       Mode of Appeal

4.       Address for notices

5.       Security for cost, etc. Form 5

6.       Notice of Appeal and hearing, etc

7.       Hearing Appeal

8.       Stay of execution

9.       Payment of fees condition for entry of appeal and step in appeal

10.     Form of notice, etc first schedule

ORDER 5 – APPEAL OUT OF TIME

1.       No appeal out of time without enlargement by Court

2.       Date from which period reckoned

3.       Method of application for enlargement

4.       Power of Court to proceed at once for hearing of the appeal

ORDER 6 – EFFECT OF NON-APPEARANCE OF PARTIES

1.       Effect of non-appearance of parties

2.       Hearing of appeal in absence of Respondent

3.       Absence of respondent in maintenance and divorce cases

ORDER 7 – FILING OF BRIEFS OF ARGUMENT

1.       Application

2.       Filing of Appellants’ brief

3.       Forms of Brief

4.       Filing of Respondent’s Brief

5.       Filing reply brief

6.       Joint and Several Briefs

7.       Cross-appeal or respondent’s notice

8.       Number and service of documents

9.       Oral arguments

10.     Consequences of failure of filing

11.     Power of court to Accelerate Hearing in Exceptional Circumstances

ORDER 8 – SULHU

1.       Order of reference Form 16

2.       Powers of Court on consideration of report or award

3.       Estate Administration and Distribution

ORDER 9 – WITNESSES

1.       Parties must supply names of witnesses

2.       Court to question witnesses

3.       Question to witness by party

4.       Recording of Questions

ORDER 10 – POWER OF THE COURT TO EXCLUDE MEMBERS OF PUBLIC

1.       Exclusion of public from Court where Administration of justice otherwise impracticable

2.       Power of arrest and ejectment

ORDER 11 – MOTIONS AND OTHER APPLICATIONS

1.       Application by motion

2.       When notice of motion should be given

ORDER 12 – COMPUTATION OF TIME

1.       Rules for limited Computation

2.       Holiday

3.       Court may extend time

ORDER 13 – EXECUTION AND ENFORCEMENT OF JUDGMENT

1.       Enforcement of judgment by Court and by court below

2.       Procedure on Enforcement by court below, Form 8.

3.       Procedure on enforcement by court outside jurisdiction, Form 8.

4.       CAP.S 6 LFN 2004

5.       Expiration/Renewal

6.       Leave of Court

7.       Ex-parte

ORDER 14 – ORDERS

1.       Orders

2.       Order in discretion of Court

3.       Delivery of Order

4.       Compliance with order and payment by instalments

5.       Notice of order

ORDER 15 – COST

1.       Fixing of cost by Court

ORDER 16 – BAILIFFS AND INTERPRETERS

1.       Bailiff’s uniform and insignia

2.       Appointment of Interpreter

ORDER 17 – FORMS

1.       Forms to be as in first schedule or to like effect

ORDER 18 – FEES

1.       Scale of fees Second Schedule, Part II.

2.       List of fees to be exhibited

3.       Payment of Fees

4.       No fees payable by Govt. or Agency

5.       Time of payment of

ORDER 19 – RECORD

1.       Record of Proceedings

2.       Copies of Records

3.       Preservation of records

4.       Inspection of record

5.       Fees for inspection

6.       Supervision

BORNO STATE (SHARIA COURT OF APPEAL) RULES 2018

ORDER 1 – CITATION, COMMENCEMENT AND INTERPRETATION

1.       Citation

These Rules may be cited as the Sharia Court of Appeal Rules and shall come into force on the 2nd Day of January, 2018.

2.      Interpretation

In these Rules –

“the Court” means the Sharia Court of Appeal, Borno State;

“the court below” means the court from which the appeal is brought to this Court;

“Registrar” means the Chief Registrar of Sharia Court of Appeal and any other person designated to act in that capacity by the Court;

“Registry” means the registry of the Sharia Court of Appeal of Borno State;

“Decision” means any decision of the Court and includes judgment, ruling, order, decree, conviction, sentence or recommendation given by the Court;

“Law” means the Sharia Court of Appeal, Law of Borno State;

“Representative” Include husband, wife son, Daughter, brother, uncle, Guardian, or any other close blood relation;

“Means of communication” Includes phone number, E-mail address or any other Electronic address.

ORDER 2 – SESSION

1.      Publication of notice of session and cause list in Borno State Gazette Form 2

(1)     Notice of the date, time and place of the commencement of a session of the Court together with a cause list of the cases to be heard at such session shall be published by the Registrar of the Court in the Borno State Gazette not less than two weeks before the date appointed for the session.

(2)     In case of urgency whether giving of two weeks’ notice is not practicable the Registrar with the approval of the Grand Kadi may publish a notice and cause list in the Borno State Gazette not less than one week before the date appointed for the session.

(3)     The Court may, with the consent of both parties hear an appeal and deal with any other matter whether or not the same has been included in any published cause list, provided the court shall record such consent.