WHEN IS AN APPEAL DEEMED ENTERED AT THE COURT OF APPEAL?

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WHEN IS AN APPEAL DEEMED ENTERED AT THE COURT OF APPEAL?

by Branham Chima.
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An appeal is considered to be officially submitted to the Court of Appeal when the records of the previous court’s proceedings are received by the Court of Appeal. Once an appeal has been submitted and until it is finally resolved, the Court of Appeal will have control over the entire case between the involved parties. Unless stated otherwise in the Rules, all applications related to the case must be made to the Court of Appeal and not to the original trial Court. However, it is possible to file an application in the trial Court for it to be transferred to the Court of Appeal.

The above position was encapsulated in the National Industrial Court case of Ayangbade v. UBA (NICN/YL/05M/2020, 9th February 2021) per Kado J. thus: ‘the counsel for the judgment creditor/respondent has also contended that no appeal has been entered before the court of appeal. Let me quickly say that entry of appeal is not one of the requirements for consideration of motion for stay of execution.  By the provision of Order 4 rule 10, Court of Appeal Rules 2016, an appeal shall be deemed to have been entered in the Court of Appeal when the record of proceedings in the court below had been received in the Registry of the Court of Appeal. By the provision of Order 4 rule 11 Court of Appeal Rules 2016, after an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto, and except as may be otherwise provided in the Rules, every application therein shall be made to the Court of Appeal and not to the trial Court, but any application may be filed in the trial Court for transmission to the Court of Appeal. In the instant case, the present application is competent since there is an appeal filed though not entered in the Court of Appeal. If an appeal has been entered any complaint regarding steps taken towards the enforcement of the judgment appealed against or application for stay could only be ventilated in the Court of Appeal. See I.B.W.A. Ltd. v. Pavex Int’l Co. (Nig.) Ltd. (2000) 7 NWLR (Pt.663) 105.’ 

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