1.     This Order shall apply to all appeals coming from any court or tribunal from which an appeal lies to this Court.

 

2.     The appellant shall within sixty days of the receipt of the Record of Appeal from the court below file in the Court a written brief, being a succinct statement of his argument in appeal.

 

3.     (1)     The brief, which may be settled by counsel, shall contain an address or addresses for service and shall contain what are, in the appellant's view, the issues arising in the appeal as well as  amended or additional grounds of appeal.

 

(2)     Where possible or necessary, the reasons in the brief shall also be supported by particulars of the titles, dates and including the summary of the decisions in such cases, which the parties propose to rely upon. Where it is necessary, reference shall also be made to relevant statutory instruments, law books, and other legal journals.

 

(3)     The parties shall assume that briefs will be read and considered in conjunction with the documents admitted in evidence as exhibits during the proceedings in the court below, and, wherever necessary, reference shall also be made to all relevant documents or exhibits on which they propose to rely in argument.

 

(4)     All briefs shall be concluded with a numbered summary of the points to be raised and the reasons upon which the argument is founded.

 

(5)     Except to such extent as may be necessary to the development of the argument, briefs need not set out summarise judgments of the lower courts, nor set out statutory provisions, or contain an account of the proceedings below or of the facts of the case.

 

4.     (1)     The respondent shall also within forty-five days of the service of the brief for the appellant on him file the respondent's brief which shall be duly endorsed with an address or addresses for service.

 

(2)     The respondent's shall answer all material points of substance contained in the appellant's brief and contain all points raised therein which the respondent wishes to concede as well as reasons why the appeal ought to be dismissed. It shall, mutatis mutandis, also conform with rule 3(1), (2), (3), (4) and (5) of this Order.

 

5.     The appellant may also, if necessary, within fourteen days of the service on him of the respondent's brief but not later than three clear days before the date set down for the hearing of the appeal, file and serve or cause to be served on the respondent a reply brief which shall deal with all new points arising from the respondent's brief.

 

6.     All parties, whose interests are identical or joint shall file joint briefs, and separate briefs may be filed only by those parties whose interests are separate or in conflict.

 

7.     A respondent may, without leave, include arguments in respect of a cross-appeal or a respondent's notice in his brief for the original appeal and the cross-appeal or respondent's notice.

 

8.     Twenty copies of all briefs in respect of the appeal shall be filed in Court. All such copies shall be duly endorsed for service on the other side which shall also be duly paid for by the party filing the same.

 

9.     (1)    Oral argument will be allowed at the hearing of appeal to emphasise and clarify the written argument appearing in the briefs already filed in Court.

 

(2)     The appellant shall be entitled to open and conclude thee argument. Where there is a cross-appeal or a respondent's notice, the appeal and such cross-appeal or respondent's notice shall be argued together with the appeal as one case and within the time allotted for on case, and the Court may, having regard to the nature of the appeal, inform the parties which one is to open and close the argument.

 

(3)     Unless otherwise directed, one hour on each side will be allowed for argument.

 

(4)     Save with the leave of the Court, no oral argument will be heard on behalf of any party for whom no brief has been filed, or in respect of a point not covered by the briefs.

 

(5)     When an appeal is called and the parties have been duly served with the notice of hearing, but if any party or any legal practitioner appearing for him does not appeal to present oral argument even though briefs have been filed by all the parties concerned in the appeal, the appeal will be treated as having been duly argued.

 

10.            Where an appellant fails to file his brief within the time provided for in rule 2 of this Order, or within the time as extended by the Court, the respondent may apply to the Court for the appeal to be dismissed for want of prosecution. If the respondent fails to file his brief, he will not be heard in oral argument except by leave of the Court. Where an appellant fails to file a reply brief within the time specified in rule 5, he shall be deemed to have conceded all the new points or issues arising from the respondent's brief.

 

11.            The Court may, where it considers the circumstances of an appeal to be exceptional, or where the hearing of an appeal ought to be accelerated in the interest of justice, waive compliance with the provisions of this Order in so far as they either wholly or in part or reduce the time limits specified in this Order, to such extent as the Court may deem reasonable in the circumstances of the case.