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June 6, 2019 8:01 am
"The learned counsel to the Appellants had argued that the provisions of Order 8 Rules 2 and 3 are not sacrosanct and could be waived. For clarity, Order 8 Rules 2 and 3 provide as follows:
Order 8 Rules 2 and 3
(2) In pursuit of Rule 1 above, the registrar shall within fourteen (14) days summon the parties before him to –
(a) Settle the documents to be included in the Record of Appeal and
(b) Fix the amount to be deposited by the Appellant to cover the estimated cost of making up and forwarding the Record of Appeal.
(3) The said Registrar shall whether any of the parties attend or not, provided the notice has been duly served on the parties to the appeal, proceed to settle and determine those matters in accordance with the provisions of Rules 2(a) and (b) of this Order." (Underlined mine for emphasis).
From the above provisions of the Rules of this court compliance with the above Rules is mandatory, connoted by the use of the word "shall" and cannot be waived as urged by the learned counsel to the Appellants."
PER C. N. UWA, J.C.A. IN ABUBAKAR SANI DANLADI & ANOR V USMAN UDI & ORS
LEGALPEDIA ELECTRONIC CITATION: LER[2019] CA/YL/41/19
LEGALPEDIA ELECTRONIC CITATION: LER[2019] CA/YL/41/19
