APPEALS

Question 1

Time frame from Appeal from Mag-HIGH COURT?

Answer 1

30 days from the date of delivery of judgment

Question 2

Time frame from Appeal from HIGH COURT to Court of Appeal?

Answer 2

3 MONTHS!!

Question 3

Time frame from Appeal from COURT OF APPEAL TO SUPREME COURT?

Answer 3

30 DAYS

Question 4

What are Appeals as of Right?

Answer 4

1. Final decisions of the court sitting at first instance
2. Questions that relate to contravention of CHAPTER IV
3. Interpretation of the CFRN
4. Questions of Law
5. Other circumstances i.e liberty or custody of an infant
   S 241(1) (a)-(f)

Question 5

Appeals with Leave?

Answer 5

1. Matters not contained in CHAPTER IV
2. Setting aside Consent judgement
3. Setting aside an order to pay cost only
4. Double Appeal (MC-HC-CA)
5. Interlocutory applications not based on points of law
6. Appeal on mixed facts & laws

Question 6

Procedure For Leave to Appeal?

Answer 6

-Notice of Motion for Leave to Appeal
-Written Address
-Affidavit
-CTC of the judgment appealed against
-Proposed grounds of Appeal

Question 7

What happens when you are out of time to seek leave to appeal?

Answer 7

TRINITY PRAYERS
-An Order for extension of time to seek leave to Appeal
-An Order for Leave to Appeal
-An Order for extension of time in which to file notice of appeal
Notice on Motion+A+WA

Question 8

What are the documents required for Trinity Prayers?

Answer 8

1. Notice of Motion
2. Affidavit in support
3. Written Address
4. CTC of the judgment of the lower court
5. Proposed grounds of appeal

Question 9

Where do you file your Trinity prayers?

Answer 9

COURT OF APPEAL!

Question 10

What is the process where you want to appeal as of right and you are out of time?

Answer 10

-Notice of Motion(For extension of time)
-Affidavit
-Written Address
File within 15 days at the CA

Question 11

When is an appeal deemed brought?

Answer 11

When the notice of appeal and other processes are filed at the trial court by the appellant.

Question 12

When is an appeal deemed entered?

Answer 12

When the registrar compiles and transmits the records of lower court and other documents to the appellate court and the records are received and entered into the cause book of the COURT OF APPEAL

Question 13

When must an appeal be transferred?

Answer 13

-60 DAYS by the registrar to the appellate court.

If the registrar fails to do it, the appellant will do so within 30 DAYS

Question 14

Time to compile and Transmit Records of Appeal?

Answer 14

60 DAYS by the Registrar
Where he fails to do so, the Appellant may do it within 30 DAYS

Question 15

Contents of notice of appeal?

Answer 15

1. Grounds of appeal
2. Part/whole decision complained about
3. Nature of Reliefs
4. Particulars of parties
5. Date

Question 16

What is a respondent’s notice?

Answer 16

Filed by a party who agrees with the trial court’s decision but wishes to argue that the decision should be upheld or varied on different grounds than those used by the trial judge. It does not challenge the decision itself, but seeks to support or modify it using different reasoning.

Question 17

What is a cross appeal?

Answer 17

A cross-appeal allows the successful party in a case to appeal against specific parts of the judgment, even though the judgment is mostly in their favor. Normally, if a party wins, they don’t need to appeal. But if the losing party files an appeal, and the winner wants to raise additional issues not covered in that appeal, the winner must file a cross appeal

Question 18

What is cross appeal?

Answer 18

Filed by a successful party who wants to challenge part of the judgment itself. The cross-appeal raises new legal or factual issues not addressed by the appellant’s notice of appeal and seeks to change or overturn a specific part of the judgment.

Question 19

Where is there no right to appeal?

Answer 19

Where an order nisi for dissolution of marriage has been made absolute after the expiration of 3 months by the trial court.