SHARIA COURT OF APPEAL RULES (1998)

 Rules in ORDER 1 – TITLE AND INTERPRETATION
RULE 1 – TITLE

     These rules may be cited as the Sharia Court of Appeal Rules.

RULE 2 – INTERPRETATION

 Rules in ORDER 2 – SESSION
RULE 1 – PUBLICATION OF NOTICE OF SESSION AND CAUSE LIST IN NORTHERN NIGERIA GAZETTE. FORM 2.

 Rules in ORDER 3 – PROCEDURE ON APPEAL
RULE 1 – ENTRY OF APPEAL.
RULE 2 – TIME OF ENTERING APPEAL.

An appeal shall be entered within thirty days from the date of the order or decision appealed against.

RULE 3 – MODE OF APPEAL.
RULE 4 – ADDRESS FOR SERVICE.

     Every appellant shall when entering his petition give the Address for service, Registrar’s address to which notice may be sent to him or if unable to do so, he shall from time to time call at, or send his agent to the court to collect any notices awaiting him, and any notice or other communication addressed accordingly or left at the Court, as the case may be, shall be presumed to have reached the appellant unless the contrary be shown.

RULE 5 – SECURITY FOR COSTS, ETC. FORM 3.

      The Court or a single judge thereof may order the appellant to find within one month security for any costs which may be given against him and for the making of copies of the petition and record of the cases for the respondents, or for any of such purposes.

RULE 6 – NOTICE OF APPEAL AND HEARING, ETC
RULE 7 – HEARING OF APPEAL.
RULE 8 – STAY OF EXECUTION.
RULE 9 – PAYMENT OF FEES CONDITION PRECEDENT TO ENTRY OF APPEAL AND STEP IN APPEAL.
RULE 10 – FORM OF NOTICE, ETC. FIRST SCHEDULE.

     Any notice, order or communication which a court is required or empowered by these rules to give to any other court or person, shall be in the appropriate forms set out in the First Schedule to these rules.


 Rules in ORDER 4 – APPEALS OUT OF TIME
RULE 1 – NO APPEAL OUT OF TIME WITHOUT ENLARGEMENT BY COURT.

     No appeal shall be brought after the expiration of the time limited therefore Unless the Court shall enlarge the time.

RULE 2 – DATE FROM WHICH PERIOD RECKONED.
RULE 3 – METHOD OF APPLICATION FOR ENLARGEMENT.
RULE 4 – POWER OF COURT TO PROCEED AT ONCE TO HEARING OF APPEAL.

     Immediately after the hearing of a successful application for leave to appeal out of time the Court may, if it shall think fit and if the parties are ready, proceed at once to the hearing of the appeal.


 Rules in ORDER 5 – EXECUTION AND ENFORCEMENT OF JUDGMENTS
RULE 1 – ENFORCEMENT OF JUDGEMENT BY COURT AND BY COURT BELOW

     The Court may direct that any judgment or order given by it shall be enforced by the court, but shall normally direct that any judgment or order of the court shall be enforced by the court below.

RULE 2 – PROCEDURE ON ENFORCEMENT BY COURT BELOW. FORM 8.

     When the Court directs any judgment to be enforced by the court below a certificate under the seal of the Court setting forth the judgment shall be sent by the Registrar to the court below and the latter shall enforce such judgment in terms of the certificate.


 Rules in ORDER 6 – POWER OF THE COURT TO EXCLUDE MEMBERS OF THE PUBLIC
RULE 1 – EXCLUSION OF PUBLIC FROM COURT WHERE ADMINISTRATION OF JUSTICE OTHERWISE IMPRACTICABLE

      At the hearing of any appeal the Court may, where it appears that the administration of justice would be rendered impracticable by the presence of the public at any stage of the proceedings, order that no member of the public shall have access to or be or remain in the Court without the express permission of the Court.

RULE 2 – POWER OF ARREST AND EJECTMENT

     Where an order has been made in accordance with rule 1 the court may order any person failing to comply with such order to be arrested and ejected from the Court.


 Rules in ORDER 7 – EFFECT OF NON-APPEARANCE OF PARTIES
RULE 1 – EFFECT OF NON-APPEARANCE OF PARTIES.
RULE 2 – HEARING OF APPEAL IN ABSENCE OF RESPONDENT
RULE 3 – ABSENCE OF RESPONDENT IN MAINTENANCE AND DIVORCE CASES.

     If the respondent and his representative in a question of maintenance or divorce is absent and their whereabouts are unknown or they are in a place where a summons cannot be served on either of them the Court, after satisfying itself as to the above facts, shall hear the suit and give judgment accordingly.


 Rules in ORDER 8 – WITNESSES
RULE 1 – PARTIES MUST SUPPLY NAMES OF WITNESSES.
RULE 2 – COURT TO QUESTION WITNESSES.
RULE 3 – QUESTION TO WITNESS BY PARTY

     The party against whom any evidence is given may, through the Court, put any question to the witness which he deems necessary but if the Court considers any of the questions irrelevant it shall refuse to put such question, and the question and the Court’s refusal shall be entered in the record.

RULE 4 – RECORDING OF QUESTIONS.

     The Court shall record all questions put to a witness either by the Court or by the party against whom the witness was called and the answer of the witness.


 Rules in ORDER 9 – ORDERS
RULE 1 – ORDER IN DISCRETION OF COURT

     The Court may in its discretion make order within its powers and jurisdiction which it considers necessary for doing justice whether such order has been asked for by any party or not.

RULE 2 – DELIVERY OF ORDER.

    The order of the Court shall be delivered in open court.

RULE 3 – COMPLIANCE WITH ORDER AND PAYMENT BY INSTALMENTS

     The Court when making an order may fix a time for Compliance therewith and in particular may direct that any sum of money ordered to be paid may be paid by instalments.

RULE 4 – NOTICE OF ORDER

 Rules in ORDER 10 – COSTS
RULE – – FIXING OF COST BY COURT

     Where the costs of an appeal are allowed to any party they shall be fixed by the Court at the time when judgment is given or at such other time as the Court shall direct.


 Rules in ORDER 11 – MESSENGERS AND INTERPRETERS

RULE 1 – MESSENGER’S UNIFORM AND INSIGNIA
RULE 2 – APPOINTMENT OF INTERPRETER.

     The Court may from time to time appoint as an interpreter to the court any person who has satisfied the Court that he is competent to carry out the duties of an interpreter under these rules.


 Rules in ORDER 12 – FORMS
RULE 1 – FORMS TO BE AS IN FIRST SCHEDULE OR TO LIKE EFFECT.
RULE 2 – RECORD OF PROCESS.

 Rules in ORDER 13 – FEES
RULE 1 – SCALE OF FEES. SECOND SCHEDULE, PART II.

     Fees shall be charged according to the scale set out in Part II of the Second Schedule.

RULE 2 – LIST OF FEES TO BE EXHIBITED.

     A list of the authorized fees shall be conspicuously exhibited in the most public and accessible part of every place in which the Court shall sit and also in the office of the Court.

RULE 3 – PAYMENT OF FEES.
RULE 4 – REDUCTION AND REMISSION OF FEES.
RULE 5 – NO FEES PAYABLE BY LOCAL GOVERNMENT COUNCIL

     When the party by whom fees would be payable under this order is a Local Government Council or an officer or servant of a Local Government Council acting in his official capacity, fees shall not be charged, but in an appeal fees which would be payable but for this rule may be included in any costs allowed to such native authority or officer or servant and shall, in such event, by paid to the Court by the party ordered to pay such fees.

RULE 6 – TIME OF PAYMENT OF FEES

     The fees chargeable upon the issue of any process or order or upon the doing of any act shall be paid into the Court funds before the process or order is issued and before the act is done, except in so far as the Court may, either generally or in any particularly cause or matter, otherwise direct.


 Rules in ORDER 14 – RECORDS
RULE 1 – RECORDS OF PROCEEDINGS.
RULE 2 – COPIES OF RECORDS.
RULE 3 – PRESERVATION OF RECORDS.

    The records of the Court shall be preserved by the Registrar.

RULE 4 – INSPECTION OF RECORDS.

     A person who is not a party to an appeal before the Court shall have no right to inspect the records relating to such appeal but such person may apply to the Registrar for permission to inspect a particular document or documents in any proceedings or to obtain a copy of any such document and shall at the same time state his reasons for his application. The Registrar may refuse his application or may grant it subject or not to the payment of the prescribed fee.

RULE 5 – FEES FOR INSPECTION.

     The fees to be paid in respect of inspections and of copies of the records of proceedings shall not exceed the prescribed fees.

RULE 6 – SUPERVISION.

     All inspections, whether by a party to proceedings or not, must be made under the personal supervision of the Registrar or an officer of the Court duly appointed by him for the purpose who shall ensure that no mark, erasure or alteration is made on the records.