Order 44
Appeals from Magistrate's Court, Etc.
1. Every appeal shall be brought by notice of appeal which shall be lodged in the lower court within 30 days of
the decision appealed from and served on all other parties affected by the appeal within that period.
2. (1) The notice of appeal shall set out the reference number of the proceedings in which the decision
complained of was given, the names of the parties, the date of the decision and the grounds for appeal in full.
(2) Where the appellant complains only of a part of the decision, the notice of appeal shall specify the part
complained of; otherwise the appeal shall be taken to be against the decision as a whole.
(3) The notice of appeal shall give an address within the Federal Capital Territory, Abuja, in which is situated the
lower court appealed from, to which notices may be sent for the appellant, and the notices may be sent to him by
registered post.
(4) The notice of appeal shall be in Form 97 in the Appendix to these Rules and may be varied to suit the
circumstances of the case but so that no variation of substance shall be made.
3. (1) The Registrar of the lower court shall, within three months of the decision appealed from, prepare as many
certified copies of the proceedings required for the consideration of the appeal as there are parties on record.
(2) Except where the fees for preparing the copies are remitted, a deposit decided upon by the registrar as likely
to cover the fees, shall be made by the appellant before the preparation of the copies.
4. The registrar of the lower court shall within 7 days of preparing the copies aforesaid send them to the registrar
of the Federal Capital Territory, Abuja and the appeal shall be decided by the Judge of that Court.
5. When notifying a party of the day fixed for the hearing of the appeal, the Registrar of the Court shall send him
a copy of the proceedings.
6. The times prescribed in rules 1 to 4 of this Order may be enlarged at any time by the Court on such terms (if
any) as may seem fit, after notice given to the respondent by the appellant of his application for enlargement of
time.
7. Where the time available to the appellant for the taking of any step has expired before such step has been
taken or completed, the respondent may, on notice to the appellant, apply to the Court to strike out the appeal,
and the Court may strike out, or enlarge the time for sufficient reason shown.
8. All civil appeals from lower courts shall be heard by one Judge of the Court.
9. The appeal shall come on for hearing at such time and at such place as the Registrar of the Court shall notify
to the parties.
10. (1) If, on the day of hearing or at any adjournment of the case the appellant does not appear, the appeal shall
be struck out and the decision shall be affirmed, unless the court thinks fit, for sufficient cause to order
otherwise.
(2) If in any such case the respondent appears, the judgment shall be with costs of the appeal against the
appellant, unless the Court expressly orders otherwise; but if the respondent does not appear, the costs of the
appeal shall be in the discretion of the Court.
11. If, on the day of hearing and at any adjournment of the case, the appellant appears, the Court shall, whether
the respondent appears or not, proceed to the hearing or further hearing and determination of the appeal and shall
give judgment according to the merits of the case without regarding any imperfection or defect of form; but if it
appears
or
is
proved
to
the
Court
that
the
appellant
has
not
complied with the requirements precedent to the hearing of an appeal hereinbefore contained, the Court shall
dismiss the appeal and affirm the decision, with or without costs of appeal against the appellant.