Section 244 and 245 of the 1999 Constitution: Appeals from the Sharia Court of Appeal and the Customary Court of Appeal to the Court of Appeal

Sharia Court of Appeal

The 1999 Constitution

Section 244 (1)

An appeal shall lie from decisions of a Sharia Court of Appeal to the Court of Appeal as of right in any civil proceedings before the Sharia Court of Appeal with respect to any question of Islamic personal law which the Sharia Court of Appeal is competent to decide.

(Appeals can be brought to the Court of Appeal from the Sharia Court of Appeal when it concerns a civil matter and questions relating to Islamic personal law that the Sharia Court of Appeal has the power to decide on.)


Section 244 (2)

Any right of appeal to the Court of Appeal from the decisions of a Sharia Court of Appeal conferred by this section shall be –

(Appeals from the Sharia Court of Appeal to the Court of Appeal can be done in the following situations; )


Section 244 (2)(a)

exercisable at the instance of a party thereto or, with the leave of the Sharia Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter; and

(by either parties to the case at the Sharia Court of Appeal or a person who has an interest in the matter after getting leave of either the Sharia Court of Appeal or the Court of Appeal.)


Section 244 (2)(b)

exercised in accordance with an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(by an Act of National Assembly and whatever rule of court which is currently in place for regulating the power, practice and procedure of the Court of Appeal.)


Section 245 (1)

An appeal shall lie from decisions of a customary Court of Appeal to the Court of Appeal as of right in any civil proceedings before the customary Court of Appeal with respect to any question of Customary law and such other matters as may be prescribed by an Act of the National Assembly.

(Appeals can be brought to the Court of Appeal from the Customary Court of Appeal when it concerns a civil matter and questions relating to Customary law that the Customary Court of Appeal has the power to decide on and any other matter which an Act of the National Assembly may grant the Customary Court of Appeal the power to decide on.)


Section 245 (2)

Any right of appeal to the Court of Appeal from the decisions of a Customary Court of Appeal conferred by this section shall be –

(Appeals from the Customary Court of Appeal to the Court of Appeal can be done in the following situations; )


Section 245 (2)(a)

exercisable at the instance of a party thereto or, with the leave of the Customary Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter;

(by either parties to the case at the Customary Court of Appeal or a person who has an interest in the matter after getting leave of either the Customary Court of Appeal or the Court of Appeal.)


Section 245 (2)(b)

exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(by an Act of National Assembly and whatever rule of court which is currently in place for regulating the power, practice and procedure of the Court of Appeal.)


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