LEGAL PRINCIPLE: APPELLATE PRACTICE — Definition of Appellant — Court of Appeal Act Section 31
PRINCIPLE STATEMENT
By Section 31 of the Court of Appeal Act, an 'appellant' is defined to mean any person who desires to appeal or appeals from a decision of the Court below or who applies for leave to appeal, and includes a legal practitioner representing such a person.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Williams v. Mokwe & Anor (2005) NLC-1952000(SC) at p. 11; Paras B–C.
"By Section 31 of the Court of Appeal Act, an 'appellant' is defined to mean, any person who desires to appeal or appeals from a decision of the Court below or who applies for leave to appeal, and includes a legal practitioner representing such a person in that behalf."
EXPLANATION / SCOPE
Appellant includes any person who desires to appeal, actually appeals, or applies for leave to appeal. Legal practitioners representing such persons are also included in the definition. The principle applies to appellate practice. The rule provides a broad definition for standing purposes. The definition covers both actual appellants and those seeking leave. Representation by counsel does not change appellant status.
