Nigeria (Appeals to Privy Council) Order in Council, 1955
| Jurisdiction | UK Non-devolved |
| Citation | SI 1955/706 |
| Year | 1955 |
1955 No. 706
JUDICIAL COMMITTEE
The Nigeria (Appeals to Privy Council) Order in Council, 19556thMay 1955
6thMay 1955
On a day to be determined under section 2 of the Order.*
At the Court at Buckingham Palace, the 6th day of May, 1955
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 1890(a), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Interpretation
1.—(1) In this Order unless the context otherwise requires—
"appeal" means appeal to Her Majesty in Council; and "judgment" includes decree, order, sentence, and decision;
"the Court" means the Federal Supreme Court of Nigeria;
"Nigeria" has the meaning assigned to it by subsection (1) of section 2 of the Nigeria (Constitution) Order in Council, 1954(b);
"record" means the aggregate of papers relating to an appeal (including the pleadings, proceedings, evidence and judgments) proper to be laid before Her Majesty in Council on the hearing of the appeal;
*1.1.56.
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1954/1146 (1954 II, p. 2829).
"registrar" means the registrar or other proper officer having custody of the records in the Court.
(2) The Interpretation Act, 1889(a), shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
Citation and commencement
2. This Order may be cited as the Nigeria (Appeals to Privy Council) Order in Council, 1955, and shall come into operation on the day on which the Court is deemed to assume its functions for the purposes of section 219 of the Nigeria (Constitution) Order in Council, 1954.
Appeals
3. Subject to the provisions of this Order an appeal shall lie:—
(a) as of right, from any final judgment of the Court where the matter in dispute on the appeal amounts to or is of the value of five hundred pounds sterling or upwards, or where the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of five hundred pounds sterling or upwards; and from any final judgment of the Court given in an action for the divorce of persons joined in matrimony or for a declaration of nullity of marriage;
(b) at the discretion of the Court, from any other judgment of the Court, whether final or interlocutory, if in the opinion of the Court the question involved in the appeal is one which, by reason of its great general or public importance or otherwise, ought to be submitted to Her Majesty in Council for decision.
Application for leave to appeal
4. Applications to the Court for leave to appeal shall be made by motion or petition within forty-two days from the date of the judgment to be appealed from, and the applicant shall give the opposite party notice of his intended application.
Conditions on which leave to appeal is to be granted
5. Leave to appeal under section 3 of this Order shall in the first instance be granted by the Court only—
(a) upon condition of the appellant, within a period to be fixed by the Court but not exceeding three months from the date of the hearing of the application for leave to appeal, providing good and sufficient security, to the satisfaction of the Court, in a sum not exceeding five hundred pounds sterling, for the due prosecution of the appeal and the payment of all such costs as may become payable to the respondent in the event of the appellant's not obtaining an order granting him final leave to appeal, or of the appeal being dismissed for non-prosecution, or of Her Majesty in Council ordering the appellant to pay the respondent's costs of the appeal as the case may be; and
(b) upon such other...
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