CROSS RIVER – COURT OF APPEAL RULES, 2002

You may order a PDF copy of this Law in copyable format by emailing info@lawnigeria.com and lawnigeria@gmail.com. A fee of N1000 apply.

 

 

LAWS OF CROSS RIVER STATE

COURT OF APPEAL RULES, 2002

Practice Direction

[Commencement.]

In exercise of the powers conferred upon me by section 248 of the Constitution of the Federal Republic of Nigeria, 1999 and by virtue of all other powers enabling me in that behalf, I hereby issue the following Practice Direction for the Court of Appeal— With effect from the……………………………, the costs to be awarded by the Court of Appeal in a civil appeal and in an application in a civil appeal are hereby fixed as follows—

₦

(1)      Costs to be awarded to a successful party in a civil appeal up to ………….. 10,000.00

(2)      Costs to be awarded for delaying the hearing of a civil appeal by a party on the fixed date for the hearing of the appeal up to …………………………… 5,000.00

(3)      Costs to be awarded in an application in a civil appeal being heard in Court up to …………………………………………………………………………………… 2,500.00

(4)      Costs in any other application or matter up to ……………………………………. 2,500.00

Without prejudice to the above provisions, the Court shall be at liberty to award reduced costs or no costs at all, having regard to the peculiar or exceptional nature and circumstances of the appeal or the application concerned.

This Order may be cited as the Practice Direction Order No. 10 of 2002 and the Practice

Direction Order No. 1 of 1997 is hereby revoked.

COURT OF APPEAL RULES

CONTENTS

ORDER 1

General

RULE

1. Short title.
2. Interpretation.
3. Service.
4. Conflict with State law or rules.
5. Fees.
6. Registries and filing of documents and proceedings.
7. Hours of opening to public.
8. Sessions.
9. Notification of sittings.

RULE

10. Adjournment.
11. Chief Registrar.
12. Other Registrars.
13. Seal of the Court.
14. Powers of the Chief Registrar.
15. Books to be kept by Registrar.
16. Files for documents.
17. Setting aside or varying order of Registrar.
18. Forms.
19. General powers of the Court.
20. Powers of the Court as to new trial.
21. Control of proceedings during pendency of appeal.

ORDER 2

References as to Constitution and reserved points of Law

1. Stating a case.
2. Signature of case stated.
3. Form of case stated.
4. Right of audience.

ORDER 3

Civil Appeals

1. Application.
2. Notice and grounds of appeal.
3. Application to the Court.
4. Enlargement of time.
5. When appeal is deemed brought.
6. Notice of appeal; on whom served.
7. Address for service.
8. Registrar’s summons.
9. Record of appeal.
10. Cost of records.
11. Security for costs.
12. Additional security for costs.
13. Transmission of record.
14. Respondent’s notice of contention that judgment should be affirmed or varied on other grounds.
15. Notice of preliminary objection.
16. Amendment of notice of appeal or respondent’s notice.
17. Directions of the Court as to service of notice of appeal or respondent’s notice.

RULE

18. Withdrawal of appeal.
19. Appeal by respondent after appellant’s appeal is withdrawn.
20. Non-compliance with conditions of appeal.
21. Exhibits.
22. Interlocutory judgment not to prejudice appeal.
23. Power of Court to give any judgment and make order.
24. Declaration by party not appearing.
25. Fees.
26. Proceedings by person without means.
27. Costs in proceedings by person without means.
28. Service of record of appeal to the Supreme Court.
29. Certification of service and transmission of record to the Supreme Court.
30. Death of party to an appeal.

ORDER 4

Criminal Appeals

1. Appeal to which order applies.
2. Applications not specifically provided for.
3. Notice of appeal or application for leave to appeal or of application for extension of time, amendments thereto and criminal forms.
4. Notice of appeal, etc.; who should sign.
5. Application for extension of time.
6. Notice of application for leave to appeal.
7. Forwarding of proceedings of Court below to Registrar.
8. Fees.
9. Record in criminal appeals from Court below in original jurisdiction.
10. Record in criminal appeals from Court below in its appellate jurisdiction.
11. Report of Judge of Court of trial.
12. Furnishing Judge of Court of trial with materials for report.
13. Bail.
14. Fines.
15. Varying order of restitution of property.
16. Non-suspension of order of restitution.
17. Restriction on issue of certificate of conviction.
18. Abandonment of appeal.
19. Notice of abandonment of appeal may be withdrawn.
20. Attendance of witness before the Court.

RULE

21. Proceedings of reference.
22. Notification of final determination of appeal.
23. Notification of result of appeal to court below.
24. Return of original depositions, etc.
25. Enforcement of order.
26. Service of record of appeal to the Supreme Court.
27. Certification of service and transmission of record to the Supreme Court.

ORDER 5

Judgment

1. Judgment.
2. Enrolment of judgment.
3. Review of judgment.
4. Enforcement of judgment.
5. Execution of judgment.
6. Costs.
7. Notification of judgment.
8. Final disposal of exhibits, documents, etc.

ORDER 6

Filing of briefs of argument

1. Application.
2. Filing of appellant’s brief.
3. Forms and contents of a brief.
4. Filing of respondent’s brief.
5. Filing reply brief.
6. Joint and several briefs.
7. Cross-appeal or respondent’s notice.
8. Number and service of documents.
9. Oral argument.
10. Consequences of failure of filing briefs.
11. Power of Court to accelerate hearing in exceptional circumstances.

ORDER 7

Miscellaneous

1. Records of appeal from Customary Court of Appeal or Sharia Court of Appeal.

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

[Issue 1] C12 – 214

RULE

2. Departure from the Rules.
3. Waiver of non-compliance with Rules.
4. List of law reports, textbooks, etc., to be forwarded to the Registrar.
5. Application to strike out etc.
6. Rules of Court Advisory Committee.
7. Practice Direction.

SCHEDULES

CONSTITUTION OF THE FEDERAL REPUBLIC

OF NIGERIA, 1999

COURT OF APPEAL RULES, 2002

In exercise of the powers conferred upon me by section 248 of the Constitution of the Federal Republic of Nigeria, 1999, and by virtue of all other powers enabling me in that behalf,

I, ………………………………………………, President, Court of Appeal, hereby make the following Rules—

ORDER 1

General

1. Short title

(1) These Rules may be cited as the Court of Appeal Rules, 2002 and shall come into

force on the ……………………………..

[Revocation of S.I. 10 of 1981.]

2. Interpretation

In these Rules, unless it is otherwise expressly provided or required by the context—

“The Act” means the Court of Appeal Act;

“appeal” includes an application for leave to appeal;

“appellant” means any person who desires to appeal or appeals from a decision of the court below or who applies for leave to so appeal and includes a legal practitioner representing such a person in that behalf;

“cause” includes any action, suit or other proceedings between an appellant and a respondent or any applicant and a respondent and any criminal proceeding;

“Chief Registrar” means the Chief Registrar of the Court;

“The Committee” means the Rules of Court Advisory Committee established under these Rules;

“The Constitution” means the Constitution of the Federal Republic of Nigeria;

“The Court” means the Court of Appeal;

“court below” or “lower court” means any court or tribunal from which an appeal is brought;

“High Court” means the Federal High Court, the High Court of the Federal Capital Territory, Abuja or any High Court established for a State under the Constitution;

“Justice” means Justice of the Court of Appeal including the President;

“legal representative” means a person admitted to practice in the Supreme Court who has been retained by or assigned to a party to represent him in the proceedings before the Court;

“President” means the President of the Court;

“Presiding Justice” means any Justice of the Court duly designated by the President to take charge of a Judicial Division of the Court;

“record” means the aggregate of papers relating to an appeal including the pleadings, proceedings, evidence and judgments proper to be laid before the Court on the hearing of the appeal;

“Registrar” means the Chief Registrar, Deputy Registrar, Assistant Chief Registrar, Senior Registrar, or Registrar of the Court, or any other officer of the Court by whatever title called exercising functions analogous to those of a Registrar of the Court;

“Registrar of the court below” includes the Chief Registrar and any Registrar of whatever grade of the court below, and any officer of the court below exercising functions analogous to those of the Chief Registrar of the Federal High Court, the High Court of the Federal Capital Territory Abuja, High Court of a State, Sharia Court of Appeal, Customary Court of Appeal or other court or tribunal from which an appeal is brought to the Court;

“respondent”, in a civil appeal, means any party (other than the appellant) directly affected by the appeal; and in a criminal appeal means the person who undertakes the defence of the judgment appealed against;

“Rules” means these Rules or any amendment thereto or any other additional rules made under the Constitution of the Federal Republic of Nigeria, and includes the Fees and Forms as contained in the Schedules to these Rules.

3. Service

(1)      Any reference in these Rules to an address for service means an address within the Federal Republic of Nigeria where notices, orders, summons, warrants and other documents, proceedings, and written communications, if not required to be served personally, may be left or to which they may be sent.

(2)      Where under theses Rules any person has given an address for service, any notice or other written communication which is not required to be served personally shall be sufficiently served upon him if left at that address or sent by registered post to that address; and in any case where the date of service by post is material section 26 of the Interpretation Act shall apply.

(3)      Where under these Rules, any notice or other application of the Court, or to the court below, is required to have an address for service endorsed on it, it shall not be deemed to have been properly filed unless such an address is endorsed on it.

(4)      Any person desiring to change his address for service shall notify the Registrar, and shall also communicate the new address to all other parties to the suit.

(5)      Where any person has given the address of a legal practitioner as his address for service and the legal practitioner is not or has ceased to be instructed by him for the purpose of the proceedings concerned, it shall be the duty of the legal practitioner to inform the Registrar as soon as may be that he is not or no longer authorised to accept service on behalf of such person, and if he omits to do so he may be ordered to personally pay any costs occasioned thereby.

(6)      Except as may be otherwise provided in these Rules or in any other written law, no notice or other written communication in proceedings in the Court need be served personally except the notice of appeal:

Provided that if the Court is satisfied that the notice of appeal has in fact been communicated to the respondent, no objection to the hearing of the appeal shall lie on the ground that the notice of appeal was not served personally.

(7)      Where a Minister or Commissioner, or the Attorney-General, or the Director of Public Prosecution or any other public officer of the Federal Republic of Nigeria or of a State thereof is a party ex officio or as representing the Federal or a State Government, as the case may be, in any proceedings in the Court, whether civil or criminal, any notice or other document may be served on him by leaving it at or by sending it by registered post to his chambers or office and service in this manner shall be as effective as if it were personal service.

(8)      Where any document is required by these Rules to be served personally, it shall be sufficiently served if it is served in the manner prescribed by law for the personal service of a writ of summons issued by the High Court having jurisdiction in the State in which service is to be effected and if it appears to the Court that for any reason personal service cannot be conveniently effected, the Court shall have the same power as that High Court to direct that service be effected in some other way.

(9)      Where any person out of the jurisdiction of the Court is a necessary or proper party to an appeal before the Court and it is necessary to serve him with the notice of appeal or other document relating to the appeal, the Court may allow service of the notice of appeal or such other document out of the jurisdiction.

(10)    Every application for an order for leave to serve a notice of appeal or other document on a person out of the jurisdiction shall be supported by evidence by affidavit or otherwise showing in what place or country such a person is or probably may be found, and the ground upon which the application is made.

(11)    Any order giving leave to effect service out of the jurisdiction shall prescribe the mode of service, such a time to depend on the place or country where or within which the notice or document is to be served, and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.

4. Conflict with State law or rules

The practice and procedure of the Court shall be as prescribed by these Rules notwithstanding any written law or rule of practice to the contrary obtaining in any of the States.

5. Fees

The fees set out in the Third Schedule shall be payable in respect of the matters to which they relate.

6. Registries and filing of documents and proceedings

(1)      The Registries of the Court shall be situated at Lagos, Kaduna, Enugu, Ibadan, Benin City, Jos, Port Harcourt, Abuja, Ilorin and Calabar, and at the seat of such other Judicial Division of the Court as may be established.

(2)      Except when otherwise expressly provided, all documents and proceedings shall be filed in the appropriate Registry, provided that whilst the Court is sitting in any Judicial Division or other place of session any documents or proceedings in connection with a matter to be dealt with at such branch or other place of session may be filed with the Registrar of the Court at such a place.

(3)      A document may be filed in the appropriate Registry of the Court or such other place of session whether by being delivered there by the party or his legal representative or agent in person or by being sent there by registered post.

7. Hours of opening to public

The Registries of the Court shall, subject to the directions of the President, be opened to the public every day in the year from eight o’clock in the forenoon to one o’clock in the afternoon, except on Saturdays and Sundays or on any day declared a public holiday under any written law.

8. Sessions

(1)      Sessions of the Court may be convened and constituted and the time, venue and forum for all sessions and for hearing interlocutory applications shall be settled in accordance with general or specific directions to be given by the President.

(2)      The Registrar may post up every Friday a weekly cause list which shall set out the arrangement of fixture of causes for hearing on each day during the following week:

Provided that not more than 25 causes may be fixed for hearing each day.

(3)      The Presiding Justice of a Division of the Court may direct that a certain day of the week be reserved in the weekly cause list for rulings and judgments.

9. Notification of sittings

The sitting of the Court and the matters to be disposed of at such sittings shall advertised and notified in such manner as the President may direct:

Provided that the Court may in its discretion hear any appeal and deal with any other matter whether or not the same has been advertised.

10. Adjournment

The Court may, at any time on application or of its own motion, adjourn any proceedings pending before it from time to time and from place to place.

11. Chief Registrar

The Chief Registrar shall have the custody of the records of the Court and shall exercise such other functions as are assigned to him by these Rules and by such directions as the President may give from time to time.

12. Other Registrars

The President may assign, and the Chief Registrar may, with the approval of the President, delegate to the Deputy Chief Registrar or to any Registrar of the Court any functions required by these Rules to be exercised by the Chief Registrar.

13. Seal of the Court

The seal of the Court shall be kept in the custody of the President who may entrust same or a duplicate thereof to such officers of the Court as the may think fit.

14. Powers of the Chief Registrar

Except as may be otherwise provided in the Constitution, or in any other enactment, the Chief Registrar shall have powers and duties as are given him by these Rules or such further powers and duties as the President may direct.

15. Books to be kept by the Registrar

(1)      The Registrar shall keep—

(a)      a Criminal Appeal Book;

(b)      a Civil Appeal Book, each of which shall contain an index in alphabetical order.

(2)      The following particulars shall be entered in the Criminal Appeal Book and the Civil Appeal Book—

(a)      the number of the appeal or application;

(b)      the names of the appellant or applicant and the respondent;

(c)      the court from which the appeal is brought;

(d)      the date and place of hearing of the appeal;

(e)      the names of counsel;

(f)      the subject matter of the appeal or application;

(g)      the judgment of the Court;

(h)      any subsequent proceedings and remarks.

16. Files for documents

As soon as notice of appeal is delivered the Registrar shall prepare a file in which documents relating to the appeal shall be filed and on the front page thereof shall be recorded particulars of such documents and the dates on which they are received.

17. Setting aside or varying order of Registrar

Any person aggrieved by anything done by the Registrar may apply to the Court to have the act or order complained of set aside or varied and the Court may give such directions or make such order thereon as the Court thinks fit. Such applications shall be made by notice or motion supported by affidavits setting out the compliant, the ground for the complaint and the relief sought.

18. Forms

The forms set out in the First and Second Schedules to these Rules, or forms as near thereto as circumstance permit, shall be used in all cases to which such forms are applicable.

19. General powers of the Court

(1)      In relation to an appeal the Court shall have all the powers and duties as to amendment and otherwise of the High Court, including, without prejudice to the generality of the foregoing words, in civil matters the powers of the High Court in civil matters to refer any question or issue of fact arising on the appeal for trial before, or inquiry and report by, an official or special referee.

In relation to a reference made to an official or special referee, any thing which can be required or authorised to be done by, to or before the High Court shall be done by, to, or before the Court.

(2)      The Court shall have power to receive further evidence on questions of fact, either by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner as the Court may direct, but, in the case of an appeal from a judgment after trial or hearing of any cause or matter on the merits, no such further evidence (other than evidence as to matters which have occurred after the date of the trial or hearing) shall be admitted except on special grounds.

(3)      The Court shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require, including any order as to costs.

(4)      The powers of the Court under the foregoing provisions of this rule may be exercised notwithstanding that no notice of appeal or respondent’s notice has been given in respect of any particular part of the decision of the court below, or by any particular party to the proceedings in that Court, or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice; and the Court may make any order, on such terms as the Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(5)      The Court may, in special circumstances, order that such security shall be given for the costs of an appeal as may be just.

(6)      The powers of the Court in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.

(7)      The Court shall have power to make orders by way of injunctions or the appointment of a receiver or manager and such other necessary orders for the protection of property or person pending the determination of an appeal to it even though an application for such an order was made in the court below.

(8)      Documents impounded by order of the Court shall not be delivered out of the custody of the Court except in compliance with an order of the Court:

Provided that where the Attorney-General of the Federation or of a State or the Director of Public Prosecutions of the Federation or of a State makes a written request in that behalf, documents so impounded shall be delivered into his custody.

(9)      Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorised to do so by an order of the Court.

20. Powers of the Court as to new trial

(1)      On the hearing of any appeal the Court may, if it thinks fit, make any such orders as could be made in pursuance of an application for a new trial or to set aside a verdict, finding or judgment of the court below.

(2)      The Court shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court some substantial wrong or miscarriage of justice has been thereby occasioned.

(3)      A new trial may be ordered on any question without interfering with the finding or decision on any other question; and if it appears to the Court that any such wrong or miscarriage of justice as is mentioned in paragraph (2) of this rule affects part only of the matter in controversy or one or some only of the parties, the Court may order a new trial as to the party only, or as to that party or those parties only, and give final judgment as to the remainder.

(4)      In any case where the Court has power to order a new trial on the ground that damages awarded by the court below are excessive or inadequate, the Court may in lieu ordering a new trial—

(a)      substitute for the sum awarded by the court below such sum as appears to the Court to be proper;

(b)      reduce or increase the sum awarded by the court below by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included or excluded from the sum so awarded. But except as aforesaid the Court shall not have power to reduce or increase the damages awarded by the court below.

(5)      A new trial shall not be ordered by reason of the ruling of any judge of the court below that a document is sufficiently stamped or does not require to be stamped.

21. Control of proceedings during pendency of appeal

(1)      An appeal shall be deemed to have been entered in the Court when the record of proceedings in the court below has been received in the Registry of the Court.

(2)      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 these Rules, every application therein shall be made to the Court and not to the court below, but any application may be filed in the court below for transmission to the Court.

ORDER 2

References as to Constitution and reserved points of Law

1. Stating a case

When a lower court refers any question as to the interpretation of the Constitution under section 295 of the Constitution, or reserves any question of law for the consideration of the Court in accordance with any written law, the lower court referring or reserving the question of law, as the case may, be shall state a case in Civil Form 1 or 2 in the First Schedule to these Rules, whichever may be appropriate, and the Registrar of the lower court shall forward ten copies direct to the Registrar.

[Civil Forms 1 and 2.]

2. Signature of case stated

(1)      When the lower court making an application consists of three or more judges, the case shall be stated on behalf of the lower court by a majority of those judges.

(2)      Where a question is referred or reserved by the lower court the question shall be signed by all or by a majority of the judges of the lower court referring or reserving the question.

3. Forms of case stated

A case stated under this Order shall be divided into paragraphs, which, as near as may be, shall be confined to distinct portions of the subject whether facts, point of law, or document and every paragraph shall be numbered consecutively. It shall state such of the findings of fact as are necessary to explain the question on which the decision of the court is sought but except where in a criminal matter, the question is whether there is any evidence to support any decision, or whether the evidence for the prosecution disclosed a case for the defendant to answer, it shall not contain a statement of the evidence. It shall also state the contentions of the parties, the opinion or decision (if any) of the court stating the case and the questions of law for the determination of the Court. In cases to which section 243A of the Criminal Procedure Act (or similar provision in any State law) applies, the case shall state whether the hearing has been adjourned or the verdict has been postponed or sentence has been respited and whether the person accused or convicted has been committed to prison or admitted to bail.

4. Right of audience

(1)      Subject to the provisions of this rule, the following persons shall be entitled as of right to appear in person or by a legal practitioner at the hearing of any case stated under this Order—

(a)      the parties to the proceedings in which the question of law arose;

(b)      in any case stated involving a substantial question of law as to the validity of any law enacted by the National Assembly, the Attorney-General of the Federation; and

(c)      where the case involves the validity or constitutionality of a law within the competence of a State, the Attorney-General of the particular State where the law is or purport to be in force.

(2)      The following persons may by leave of the Court appear in person or by a legal practitioner at the hearing of any case stated on the reference to the Court of any question as to the interpretation of the Constitution or any section of the Constitution pertaining to a State as the case may be—

(a)      where he is not entitled to appear as of right under paragraph (1) (b) of this rule the Attorney-General of the State.

(3)      The Registrar shall forward to the Attorney-General of the Federation or of a State, as the case may be, a copy of any case stated to which this rule applies. Any other person who is entitled as of right to appear, and any person who may appear by leave of the Court, may obtain a copy of the case stated from the Registrar of the lower court on payment of such fee as may be prescribed.

ORDER 3

Civil Appeals

1. Application

This Order shall apply to appeals to the Court from any court or tribunal acting either in its original or its appellate jurisdiction in civil cases, and to matters related thereto.

2. Notice and grounds of appeal

(1)      All appeals shall be by way of rehearing and shall be brought by notice (hereinafter called “the notice of appeal”) to be filed in the Registry of the court below which shall set forth the grounds of appeal, stating whether the whole or part only of the decision of the court below is complained of (in the latter case specifying such part) and shall state also the exact nature of the relief sought and the names and addresses of all parties directly affected by the appeal which shall be accompanied by a sufficient number of copies for service on all such parties; and it shall also have endorsed on it an address for service.

(2)      If the grounds of appeal allege misdirection or error in law, the particulars and the nature of the misdirection or error shall be clearly stated.

(3)      The notice of appeal shall set forth concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

(4)      No ground which is vague or general in nature or which discloses no reasonable ground of appeal shall be permitted, save the general ground that the judgment is against the weight of the evidence, and any ground of appeal or any part thereof which is not permitted under this rule may be struck out by the Court of its own motion or on application by the respondent.

(5)      The appellant shall not without the leave of the Court urge or be heard in support of any ground of appeal not mentioned in the notice of appeal, but the Court may in its discretion allow the appellant to amend the grounds of appeal upon payment of the fees prescribed for making such amendment and upon such terms as the Court may deem just.

(6)      Notwithstanding the foregoing provisions the Court in deciding the appeal shall not be confined to the grounds set forth by the appellant:

Provided that the Court shall not if it allows the appeal rest its decision on any ground not set forth by the appellant unless the respondent has had sufficient opportunity of contesting the case on that ground.

(7)      The Court shall have the power to strike out a notice of appeal when an appeal is not competent or for any other sufficient reason.

(8)      The Registrar of the court below shall endorse on the notice of appeal or application the fees paid thereon, receipt number and the date of payment.

3. Application to Court

(1)      Every application to the Court shall be by notice of motion supported by affidavit and shall state the rule under which it is brought and the ground for the relief sought.

(2)      Any application to the Court for leave to appeal (other than an application made after the expiration of the time for appealing) shall be by notice of motion which shall be served on the party or parties affected.

(3)      Where an application has been refused by the court below, an application for a similar purpose may be made to the Court within fifteen days after the date of the refusal.

(4)      Wherever under these Rules an application may be made wither to the court below or to the Court it shall not be made in the first instance to the Court except where there are special circumstances which make it impossible or impracticable to apply to the court below.

(5)      If leave to appeal is granted by the Court or by the court below the appellant shall file a notice of appeal within the time prescribed by section 25 of the Act.

(6)      Where an application for leave to appeal from a decision of the court below has been brought within the time specified by section 25 of the Act but has not been heard within the period, the Court, if satisfied that there has been an unreasonable delay in bringing the application, may extend time to appeal and in a proper case grant leave to appeal.

(7)      The application for leave to appeal from a decision of a lower court shall contain copies of the following items, namely—

(a)      Civil Form 5 duly completed;

(b)      a certified true copy of the judgment of the court below sought to be appealed against;

(c)      a copy of the proposed grounds of appeal; and

(d)      where leave has been refused by the lower court, a copy of the order refusing leave.

Time to argue motion

(8)      Except with the special leave of the Court, a maximum of thirty minutes on each side will be allowed for oral argument on any application.

4. Enlargement of time

(1)      The Court may enlarge the time provided by these Rules for the doing of anything to which these Rules apply.

Application for enlargement of time

(2)      Every application for enlargement of time in which to appeal shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard. When time is so enlarged a copy of the order granting such enlargement shall be annexed to the notice of appeal.

5. When appeal is deemed brought

An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the court below.

6. Notice of appeal; on whom served

(1)      The Registrar of the court below shall after the notice of appeal has been filed, cause to be served a true copy thereof upon each of the parties mentioned in the notice of appeal but if shall not be necessary to serve any part not directly affected:

Provided that the Court may, of its own motion, or on the application of any person claiming to be affected, direct notice to be served on all or any parties to the action or other proceeding or upon any person not a party and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just and make such order as might have been made if the persons served with such notice had been originally parties to the appeal.

(2)      Notwithstanding anything in rule 3 (6) of Order 1 where in any proceeding in the court below a party has given an address for service, notice of appeal from any decision made under such proceeding may be served on such party at such address for service, and notice of any application preparatory or incidental to any such appeal may be served in like manner at any time before the date on which the respondent gives notice of his address for service in accordance with the immediately following rule.

7. Address for service

(1)      Every person who by virtue of service on him of a notice of appeal becomes a respondent to any appeal or intended appeal shall within thirty days after service on him of the notice of appeal file twenty copies with the Registrar of the court below notice of a full and sufficient address for service in such number of copies as the said Registrar shall require. The Registrar of the court below shall forthwith send a copy of the notice of address to the Registrar and shall cause a copy thereof to be served on the appellant.

(2)      Such notice may be signed by the respondent or his legal representative.

(3)      If any respondent fails or omits to file such notice of address for service it shall not be necessary to serve on him any other proceeding in the appeal or any notice of hearing thereof.

(4)      Any party to an appeal or intended appeal may change his address for service at any time by filing and serving on all other parties to the appeal or intended appeal notice of such change.

8. Registrar’s summons

(1)      The Registrar of the court below shall after the expiration of the time prescribed for filing notice of address for service summon the parties before him to—

(a)      settle the documents to be included in the record of appeal;

(b)      fix the amount to be deposited by the appellant to cover the estimated cost of making up and forwarding the record of appeal;

(c)      fix the amount to be deposited by the appellant or secured by bond for the due prosecution of the appeal and the payment of any costs.

(2)      The said Registrar shall whether any of the parties attend or not, provided that notice has been duly served on those parties who filed an address for service, proceed to settle and determine those matters in accordance with the provisions of rules 9, 10 and 11 of this Order.

9. Record of appeal

(1)      The record of appeal shall contain the following documents in the order set out—

(a)      the index;

(b)      a statement by the Registrar of the court below giving brief particulars of the case and including a schedule of the fees paid;

(c)      copies of the documents settled by the Registrar of the court below for inclusion in the record of appeal in accordance with rule 8 of this Order;

(d)      a copy of the notice of appeal and other relevant documents filed in connection with the appeal.

(2)      The Registrar of the court below, as well as the parties, shall endeavour to exclude from the record all documents (more particular such as are merely formal) that are not relevant to the subject matter of the appeal and generally to reduce the bulk of the record as far as practicable, taking special care to avoid duplications of documents and unnecessary repetition of headings and other merely formal parts of documents; but the documents omitted to be copied shall be enumerated in a list at the end of the record, but where part or parts only of any lengthy document are directly relevant to the subject matter for the appeal it shall be permissible to omit to copy such part of the document as irrelevant to the subject matter of the appeal nor necessary for the proper understanding of the part or parts that are so relevant.

(3)      If the Registrar of the court below or any party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the other party nevertheless insists upon its being included, the document shall be included and the record shall, with a view to the subsequent adjustment of the cost of all incidental to the inclusion of such document, indicate in the index of papers or otherwise the fact that, and the party by whom the inclusion of the document was objected to.

(4)      It shall not be necessary for copies of individual documents to be separately certified but the Registrar of the court below shall certify as correct each copy of the record transmitted by him in accordance with these Rules.

10. Cost of records

The appellant shall within such time as the Registrar of the court below directs deposit with him a sum fixed to cover the estimated expenses of making up and forwarding the record of appeal calculated at the full cost of one copy for the appellant and one seventh cost for each of the seven copies for the use of the Court, or where twenty copies are sent, one twentieth.

11. Security for costs

The appellant shall within such time as the Registrar of the court below directs deposit such sum as shall be determined by such Registrar or give security therefor by bond with one or more sureties to his satisfaction as such Registrar may direct for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the appellant:

Provided that no deposit or security shall be required where the deposit would be payable by the Government of the Federal Republic of Nigeria or of a State, or by any Government department.

12. Additional security for costs

The Court may, where necessary, require security for costs or for performance of the order to be made on appeal, in addition to the sum determined under rules 10 and 11 of this Order.

13. Transmission of record

(1)      The Registrar of the court below shall transmit the record when ready together with—

(a)      a certification of service of the notice of appeal;

(b)      a certificate that conditions imposed under rules 10 and 11 of this Order have been fulfilled;

(c)      either—

(i)       seven copies of the record for the use of the Justices together with, where stencil was used for production of the record, copies of such stencils duly and carefully preserved; or

(ii)      twenty copies of the record;

(d)      the docket or file of the case in the court below containing all papers or documents filed by the parties in connection therewith, to the Registrar of the Court.

(2)      The Registrar of the court below shall also cause to be served on all parties mentioned in the notice of appeal (who have filed an address for service) a notice that the record has been forwarded to the Registrar of the Court who shall in due course enter the appeal in the cause list.

14. Respondent’s notice of contention that judgment should be affirmed or varied on other grounds

(1)      A respondent who not having appealed from the decision of the court below, desires to contend on the appeal that the decision of that court should be varied, whether in any event or in the event of the appeal being allowed in whole or in part, must give notice to that effect, specifying the grounds of that contention and the precise form of the order which he proposes to ask the Court to make, in that event, as the case may be.

(2)      A respondent who desires to contend on the appeal that the decision of the court below should be affirmed on grounds other than those relied upon by that court must give notice to that effect specifying the grounds of that contention.

(3)      Except with the leave of the Court, a respondent shall not be entitled on the hearing of the appeal to contend that the decision of the court below should be varied upon grounds not specified in a notice given under this rule, to apply for any relief not so specified or to support the decision of the court below upon any grounds not relied upon by that court or specified in such a notice.

(4)      Any notice given by a respondent under this rule (in this Order referred to as a “respondent’s notice”) must be served on the appellant and on all parties to the proceedings in the court below who are directly affected by the contentions of the respondent and must be served—

(a)      in the case of an appeal against an interlocutory order, within fifteen days; and

(b)      in any other case, within thirty days, after the service of the notice of appeal on the respondent.

(5)      A party by whom a respondent’s notice is given shall file with the Registrar of the court below twenty copies of such notice of which one shall be included in the record and the other copies provided for the use of the Justices.

(6)      Omission to give such notice shall not diminish any power of the Court but may in the discretion of the Court be a ground for postponement or adjournment of the appeal upon such terms as to costs or otherwise as may be just.

15. Notice of preliminary objection

(1)      A respondent intending to rely upon a preliminary objection to the hearing of the appeal shall give the appellant three clear days’ notice thereof before the hearing, setting out the grounds of objection, and shall file such notice together with twenty copies thereof with the Registrar within the same time.

(2)      No objection shall be taken to the hearing of an appeal on the ground that the amounts fixed by the Registrar of the court under rule 8 (1) of this Order were incorrectly assessed.

(3)      If the respondent fails to comply with this rule the Court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the respondent or may make such other order as it thinks fit.

16. Amendment of notice of appeal or respondent’s notice

A notice of appeal or respondent’s notice may be amended by or with the leave of the Court at any time.

17. Directions of the Court as to service of appeal or respondent’s notice

(1)      The Court may in any case direct that the notice of appeal be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings.

(2)      In any case in which the Court directs that the notice of appeal shall be served on any party or person, the Court may also direct that any respondent’s notice shall be served on him.

(3)      The Court may in any case where it gives a direction under this rule—

(a)      postpone or adjourn the hearing of the appeal for such period and on such terms as may be just; and

(b)      give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

18. Withdrawal of appeal

(1)      An appellant may at any time before the appeal is called on for hearing serve on the parties to the appeal and file with the Registrar a notice to the effect that he does not intend further to prosecute the appeal.

(2)      If all parties to the appeal consent to the withdrawal of the appeal without order of the Court, the appellant may file in the Registry the document or documents signifying such consent and signed by the parties or by their legal representatives and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar and in such event any sum lodged in the Court as surety for the costs of the appeal shall be paid out to the appellant.

(3)      The withdrawal of an appeal with the consent of the parties under paragraph (2) of this rule shall be bar to further proceedings on any application made by the respondent under rule 14 of this Order.

(4)      If all the parties do not consent to the withdrawal of an appeal as aforesaid, the appeal shall remain on the list, and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties, including any application made by the respondent under rule 14 of this Order, and for the making of orders and the disposal of any sum lodged in Court as security for the costs of appeal.

(5)      An appeal which has been withdrawn under this rule, whether with or without an order of the Court, shall be deemed to have been dismissed.

19. Appeal by respondent after appellant’s appeal is withdrawn

Where an appeal is withdrawn under rule 18 of this Order any respondent who has not given a notice under rule 14 of this Order may give notice of appeal and proceed therewith in the manner prescribed by the foregoing rules, and in such case the time limited for giving notice of appeal, for depositing the estimated amount to cover the cost of the record and for furnishing the security for costs may, on application to the Court, be extended so far as is reasonably necessary in all the circumstances of the case.

20. Non-compliance with conditions of appeal

(1)      If the appellant has not complied with any of the requirements of rules 10 and 11 of this Order, the Registrar of the court below shall certify such fact to the Court, which shall thereupon order that the appeal be dismissed either with or without costs, and shall cause the appellant and the respondent to be notified of the terms of its order.

(2)      Where an appeal has been dismissed under paragraph (1) of this rule, a respondent who has given notice under rule 14 of this Order may give notice of appeal and the provisions of rule 19 of this Order shall apply as if the appeal were brought under that rule.

(3)      If the respondent alleges that the appellant has failed to comply with a part of the requirements of rules 2, and 10 and 11 of this Order, the Court, if satisfied that the appellant has so failed, may dismiss the appeal for want of due prosecution or make such other order as the justice of the case may require.

(4)      An appellant whose appeal has been dismissed under this rule may apply by notice of motion that his appeal be restored and any such application may be made to the Court which may in its discretion for good and sufficient cause order that such appeal be restored upon such terms as it may think fit.

21. Exhibits

(1)      Subject as hereinafter provided, each party shall, immediately after an appeal becomes pending before the Court, deliver to the court below all documents (being exhibits in the case or which were tendered as exhibits and rejected) which are in his custody or were produced or put in by him at the trial.

(2)      Subject as hereinafter provided, each party to an appeal shall be prepared to produce at the hearing of the appeal all exhibits, other than documents, which are in his custody or were produced or put in by him at the trial.

(3)      In case any party finds it difficult to comply with the previous provisions of this rule owing to the nature of documents or other exhibit or owing to its being in possession of a third party or for any other reason, he may apply to the Registrar of the court for directions.

(4)      The Registrar of the court below may, either of his own motion or upon application, give any directions he sees fit, whether dispensing with the provisions of this rule or modifying its application in any way or for securing compliance with it.

(5)      All original documents delivered to the court below under this rule shall remain in the custody of the court below until the record of appeal has been prepared and shall then be forwarded with the record to the Registrar and shall remain in the custody of the Court until the determination of the appeal:

Provided that the Court or Registrar may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as it or he may impose.

22. Interlocutory judgment not to prejudice appeal

No interlocutory judgment or order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision upon the appeal as may seem just.

23. Power of Court to give any judgment and make order

(1)      The Court shall have power to give any judgment or make any order that ought to have been made, and to make such further or other order as the case may require including any order as to costs.

(2)      The powers contained in paragraph (1) of this rule may be exercised by the Court, notwithstanding that the appellant may have asked that part only of a decision may be reversed or varied, and may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.

24. Declaration by party not appearing

At any time before hearing of the appeal any party to the appeal may file a declaration in writing that he does not wish to be present in person or by a legal representative on the hearing of the appeal and he shall serve a copy of such declaration upon every other party who has filed an address for service and thereupon the appeal shall be dealt with as if the party had appeared.

25. Fees

(1)      Save as hereinafter provided, the fees prescribed in the Third Schedule hereto shall be charged in respect of the matters to which they are respectively assigned and shall be paid to the Registrar of the court below or of the Court as the case may be.

(2)      No fee shall be payable in respect of any matter where such fee would be payable by the Government of the Federal Republic of Nigeria or of a State or any Government Department:

Provided that when any person is ordered to pay the costs of the Government of the Federal Republic of Nigeria or of a State or of any Government Department in any case all fees which would have been payable but for the provisions of this paragraph shall be taken as having been paid and shall be recoverable from such person.

(3)      The court below or the Court may, on account of the want of means of any part (although such party may not have been formally permitted to proceed as a person without means under Rule 26 of this Order) or for other sufficient reason, dispense if it seems fit with payment of any fees if the circumstances of the case so require:

Provided that if such party succeed in any appeal which results in an order for payment to him of any costs the Court may order that such fees shall be a first charge on any moneys recovered or to be recovered under such order.

26. Proceedings by persons without means

(1)      Any party may apply to the Court for leave to prosecute or defend an appeal as a person without means. Such application shall be by notice of motion, supported by affidavit, and shall be served on the other parties to the proceedings. No fee shall be payable on filing any such application.

(2)      No party shall be permitted to proceed as a person without means unless he satisfies the Court that he has reasonable probability of success.

(3)      A person permitted to proceed as a person without means shall not be liable to pay any of the Court fees prescribed by these Rules or be required to make the deposit or to give the security prescribed by rules 10 and 11 of this order.

(4)      The Court may for good cause shown review, rescind or vary an order permitting any person to proceed as a person without means.

27. Costs in proceedings by person without means

(1)      Leave to proceed as a person without means shall not exempt such person from liability to an order for costs in favour of his opponent.

(2)      If a person without means is not awarded costs in the proceedings, no fees shall be taken from him by a legal representative assigned to him.

(3)      If a person without means is awarded costs against his opponent, he shall be entitled to include and receive in such costs the fees of any legal representative assigned to him and all other fees and costs remitted by his admission to proceed as a person without means.

28. Service of record of appeal to the Supreme Court

(1)      Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the record of appeal serve upon every appellant who has duly given a notice of appeal and paid the fees fixed by the Registrar to cover the costs of record of appeal, a copy of the record.

(2)      Such record of appeal may be served upon the appellant in any manner prescribed by these Rules for the service of notice or other documents relating to the appeal.

(3)      The Registrar shall thereafter cause to be served upon every respondent in the appeal who has filed an address for service notice that the record has been compiled, and it shall be the duty of each respondent to pay for and collect a copy of the record.

29. Certification of service and transmission of record to the Supreme Court

(1)      Within fourteen days after a record has been served upon an appellant, the Registrar shall certify under his hand that he has served the record of appeal upon every such appellant.

The certificate of service shall be in Civil Form 19, or to like effect.

(2)      In addition to the requirement of Order 7 rule 12 of the Supreme Court Rules, the Registrar shall as soon as the record and notice of compilation of the record of appeal to the Supreme Court have been served on the appellant and the respondent, as the case may be, transmit to the Supreme Court—

(a)      a certificate that a copy of the record of appeal to the Supreme Court has been served on the appellant(s); and

(b)      a certificate that notice of compilation of the record of appeal to the Supreme Court has been given to the respondent.

30. Death of party to an appeal

(1)      It shall be the duty of counsel representing a party to an appeal to give immediate notice of the death of that party to the Registrar of the court below or to the Registrar of the Court (as the case may require) and to all parties affected by the appeal as soon as he becomes aware of the fact.

(2)      If it is necessary to add or substitute a new party for the deceased, an application shall, subject to the provisions of Order 1 rule 21, be made in that behalf to the court below or to the Court whether by an existing party to the appeal or by any person who wishes to be added or substituted.

(3)      Where an appeal has been set down for hearing and the court is or becomes aware that a necessary party to the appeal shall be struck off the hearing list.

ORDER 4

Criminal Appeals

1. Appeal to which order applies

This Order shall apply to appeals to the Court from any court or tribunal acting either in its original or in its appellant jurisdiction in criminal cases, order than a court-marital, and to matters related thereto.

2. Applications not specifically provided for

Except where otherwise provided in these Rules any application to the Court may be made by the appellant or respondent or by a legal representative in his behalf only or in writing, but in regard to such application if the appellant is unrepresented and in custody and is not entitled or has not obtained leave to be present before the Court, he shall make any such application by forwarding the same in writing to the Registrar who shall take the appropriate steps to obtain the decision of the Court thereon.

3. Notice of appeal or application for leave to appeal or of application for extension of time, amendments thereto and criminal forms

(1)      A person desiring to appeal to the Court against any judgment, sentence or order of the court below, whether in the exercise of its original or of its appellate jurisdiction, shall commence his appeal by sending to the Registrar of the court below a notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notice respectively set forth as Form 1, 2, 3, 4, 5 or 7 in the Second Schedule to these Rules.

(2)      A person sending any notice or notices under this rule must answer the questions and comply with the requirements set forth therein.

(3)      The Court may of its own motion or on application amend the notice or grounds of appeal and may grant leave to the appellant to argue additional or amended grounds of appeal: provided that, if, in the opinion of the Court, due notice of such amended or additional grounds of appeal to the respondent is necessary but had not been given the Court may adjourn the appeal or make such order as it may deem fit in the circumstance.

4. Notice of appeal, etc.; who should sign

(1)      Every notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, shall be signed by the appellant himself, except under the provision of paragraphs (5) and (6) of this Rule.

(2)      Any other notice required or authorised to be given shall be in writing and signed by the person giving the same or by the legal representative. All notices required or authorised to be given shall be addressed to the Registrar of the court below to be forwarded by him to the Registrar:

Provided that, notwithstanding that the provisions of rules (1) and (2) and 4 (1) of this Order have not been strictly compiled with, the Court may, in the interest of justice and for good and sufficient cause shown, entertain an appeal if satisfied that the intending appellant has exhibited a clear intention to appeal to the Court against the decision of the lower court.

(3)      Any notice or other document which is required or authorised to be given or sent shall be deemed to be duly given or sent if forwarded by registered post addressed to the person to whom such notice or other document is so required or authorised to be given or sent.

(4)      Where an appellant or any other person authorised or required to give or send any notice of appeal or notice of any application is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same, and thereupon such notice shall be deemed to be duly signed by such appellant.

(5)      Where on the trial of a person entitled to appeal it has been contended that he was not responsible according to laws for his actions on the ground that he was insane at the time the act was done or the omission made by him or that at the time of the trial he was of unsound mind and consequently incapable of making his defence, any notice required to be given and signed by the appellant himself may be given and signed by his legal representative.

(6)      In the case of a body corporate where any notice or other document is required to be signed by the appellant himself, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk, manager, or legal representative, of such body corporate.

(7)      An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the court below.

5. Application for extension of time

An application to the Court for an extension of time within which notices may be given shall be in Form 7 in the Second Schedule to these Rules. Every person making an application for such extension of time shall send to the Registrar of the court below, together with the proper form of such application, a form duly filed up, of notice of appeal, or of notice of application for leave to appeal, appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.

6. Notice of application for leave to appeal

(1)      Where the Court or the court below has on a notice of application for leave to appeal duly sent and in the form provided under these Rules, given an appellant leave to appeal, it shall not be necessary for such appellant to give any notice of appeal but the notice of application for leave to appeal shall in such a case be deemed to be a notice of appeal.

(2)      Where an application for leave to appeal has been made to the court below, the Registrar of that court shall send to the Registrar of the Court notification of the result of the application in Form 6 in the Second Schedule to these Rules together with the original of the application for leave to appeal and the case shall thereafter be dealt with by the Court.

7. Forwarding of proceedings of court below to Registrar

(1)      When—

(a)      the Registrar of the court below has received a notice of appeal or a notice of application to the court for leave to appeal or for extension of the time within which such notice shall be given; or

(b)      the court below has granted leave to appeal, the Registrar of the court below shall prepare the record of appeal in the manner hereinafter prescribed and forward to the Registrar either seven copies thereof together with, where stencils were used for the production of the record, copies of such stencils duly and carefully preserved, or twenty copies of the record. He shall also forward the original exhibits in the case as far as practicable and any original deposition, information, inquisition, plea or other documents usually kept by him, or forming part of the record of the court below together with the originals of any recognisances entered into or any other documents filed in connection with the appeal or application.

(2)      Subject to the provisions of Rule 9 of this Order, the Registrar of the court below shall forward to the appellant and to the Director of Public Prosecutions of the State from which the appeal emanated a copy of the record: Provided that if the appellant is not in custody of a copy of the record it shall only be supplied to him on request.

(3)      The court may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as it or he may impose.

8. Fees

(1)      The fees set out in the Third Schedule shall be taken and paid upon every appeal under this Order.

Waiver of fees

(2)      The Court or the court below may waive in whole or in part the payment of any fees or the making of any deposit.

No fees in capital appeals and where aid granted

(3)      Fees shall not be payable in appeals in capital cases or where an appellant is granted legal aid.

9. Record in criminal appeals from Court below in original jurisdiction

(1)      The record of appeal in appeals or applications relating to appeals from the court below acting in its original jurisdiction in criminal cases shall contain legible typed, stenciled, cyclostyled, or printed, copies of the following items arranged in this order—

(a)      the index;

(b)      the charge or information;

(c)      the judge’s notes of the evidence and minutes of the proceedings provided that if a shorthand note of the hearing has been taken, a copy of the transcript thereof may be included, whether in addition or in subtraction of the judge’s notes as he may direct;

(d)      the judgment or any additional ground or explanation thereof;

(e)      the proceedings on or after sentence in so far as not included in the notes of hearing or minutes of proceedings;

(f)      all documentary exhibits put in at the trial including depositions read in consequence of the absence of a witness:

Provided that in the cases of books of accounts or other documents of great length, extracts of the relevant portions thereof only shall be included;

(g)      the notice of appeal or notice of application for leave to appeal, or notice of application for extension of time in which such notice shall be given.

(2)      It shall not be necessary for the record of appeal to contain copies of any recognisances entered into or documents filed in connection with the appeal or application other than those set out in paragraph (1) of this rule unless the Court or a judge of the court below shall otherwise direct.

10. Record in criminal appeals from the Court below in its appellate jurisdiction

(1)      The record of appeal in appeals or applications relating to appeals from the court below acting in its appellate jurisdiction in criminal matters shall contain legible typed, stencilled and cyclostled, or printed copies of the following items arranged in this order—

(a)      the index which shall include the particulars of the record of proceedings from the lower court;

(b)      the record of proceedings from the lower court as submitted to the court below;

(c)      the notice of appeal and all other relevant documents filed in connection with the appeal in the court below;

(d)      the notes of the judges of the hearing of the appeal and minutes of the proceedings;

(e)      the judgment of the court below;

(f)      the notice of appeal to the Court or notice of application for leave to appeal to the court, or notice of application to the Court for extension of time in which such notice shall be given;

(g)      where leave to appeal has been granted by the court below, a copy of the order granting leave.

(2)      It shall be necessary for the record of appeal to contain copies of any recognisances entered into for the purposes of the appeal in the court below or of the appeal or application to the Court, unless the Court or a judge of the court below shall otherwise direct.

(3)      In this rule “lower court” includes the court of trial and any court, other than the court below which may have heard the matter on appeal.

11. Report of Judge of Court of trial

(1)      The Registrar shall, if in relation to any appeal the Court directs him so to do, request the trial judge to furnish him a report in writing giving his opinion upon the case generally or upon any point arising upon the case of the appellant, and the trial judge shall furnish the same to the Registrar.

(2)      The report of the judge shall be made to the Court and, the Registrar shall on request furnish a copy thereof to the appellant and respondent.

12. Furnishing Judge of Court of trial with materials for report

When a Registrar requests the trial judge to furnish a report under these Rules, he shall send to such judge a copy of the notice of appeal or notice of application for leave to appeal or any other document or information which he shall consider material, or which the Court at any time shall direct him to send or with which such judge may request to be furnished by the Registrar to enable such judge to deal in his report with the appellant’s case generally or with any point arising thereon.

13. Bail

(1)      Where the Court or the court below admits an appellant to bail pending the determination of his appeal on an application by him duly made, such court shall specify the amounts in which the appellant and his surety or sureties (unless such Court direct that no surety is required) shall be bound by recognisances, and shall direct, if it thinks fit so to do, before whom the recognisances of the appellant and his surety or sureties (if any) may be taken.

(2)      In the event of the court below not making any special order or giving any special directions under this rule, the recognisances of the appellant and of his surety or sureties (if any) may be taken before the Registrar.

(3)      The recognisance provided for in this rule shall be in Form 10 and 11 in the Second Schedule to these Rules.

(4)      The Registrar of the court below shall forward the recognisances of the appellant and his surety or sureties to the Registrar.

(5)      An appellant who has been admitted to bail shall be personally present at each and every hearing of his appeal and at the final determination thereof. The Court may in the event of such appellant not being present at any hearing of his appeal, if it thinks right so to do, decline to consider the appeal, and proceed summarily to dismiss the same and may issue a warrant for the apprehension of the appellant in Form 12 in the Second Schedule:

Provided that the Court may consider the appeal in his absence, or make such other order as it thinks fit.

(6)      When an appellant it present before the Court, the Court may, on an application, made by any person or, if it thinks right so to do without any application, make an order admitting the appellant to bail, or revoke or vary any such order previously made, or enlarge from time to time, the recognisances of the appellant or of his sureties or substitute any other surety for surety previously bound as it thinks right.

(7)      At any time after an appellant has been on bail, the Court, or where the appellant was released on bail by the court below, that court, may, if satisfied that it is in interest of justice so to do, revoke the order admitting to bail, and issue a warrant in Form 12 in the Second

14. Fines

(1)      Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, and such person remains in custody in default of payment of the fine, he shall be deemed, for purposes of appeal, to be a person sentenced to imprisonment.

(2)      An appellant who has been sentenced to payment of a fine, and has paid the same or part thereof in accordance with sentence, shall, in the event of his appeal being successful, be entitled, subject to any order of the Court, to the return of the sum or any part thereof so paid by him.

15. Varying order of restitution of property

Where, upon the trial of a person entitled to appeal against his conviction, an order of restitution of any property to any person has been made by the Court, the person in whose favour or against whom the order of restitution has been made, and, with the leave of the Court, and other persons, shall, on the final hearing by the Court of an appeal against his conviction on which such order of restitution was made, be entitled to be heard by the Court before any order annulling or varying such order of restitution is made.

16. Non-suspension of order of restitution

When the judge of the court below is of opinion that the title to any property, the subject of an order of restitution made on a conviction of a person before him is not in dispute, he, if he is of opinion that such property or a sample or portion or facsimile representation thereof is reasonable necessary to be produced for use at the hearing of any appeal, shall give such direction to or impose such terms upon the person in whose favour the order of restitution is made, as he shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.

17. Restriction on issue of certificate of conviction

The Registrar of the court below shall not issue, under any law authorising him so to do, a certificate of conviction of any person convicted in the court below if notice of appeal or notice of application for leave to appeal is given, until the determination or abandonment thereof.

18. Abandonment of appeal

(1)      An appellant at any time after he has duly served notice of appeal or of application for leave to appeal, or of application for extension of time within which such notice shall be given, may abandon his appeal by giving notice of abandonment thereof to the Registrar, and upon such notice being given the appeal shall be deemed to have been dismissed by the Court.

Notice of abandonment of an appeal shall be in Criminal Form 13 or 13A, as the case may be.

(2)      Upon receipt of a notice of abandonment duly completed and signed or marked by the appellant or the party authorised to sign notice under rule 4 of this Order, the Registrar shall give notice thereof in Form 14 in the Second Schedule to the respondent, the prison authority and the Registrar of the court below, and in the case of an appeal against a conviction involving a sentence of death, shall in like manner give notice to the Permanent Secretary to the appropriate Federal or State ministry, for the information of the authority responsible for advising the President of the Federal Republic of Nigeria or the Governor of a State (as the case may be) on the exercise of the prerogative of mercy, and the Registrar shall also return to the Registrar of the court below any original documents and exhibits received from him.

19. Notice of abandonment of appeal may be withdrawn

An appellant who has abandoned his appeal may, in special cases, with the leave of the Court, withdraw his notice of abandonment by duly completing Form 15 or 15A, as the case may be, in the Second Schedule together with Form 7 (Notice of application for extension of time within which to appeal) and sending them to the Registrar.

20. Attendance of witness before the Court

(1)      Where the Court has ordered any witness to attend and be examined before the Court an order in Form 16 in the Second Schedule hereto shall be served upon such witness specifying the time and place at which to attend for such purpose.

Application to Court to hear witnesses

(2)      Such order may be made on the application at any time of the appellant or respondent, but if the appellant is in custody and not legally represented the application shall be made by him in Form 17 in the Second Schedule.

Order appointing examiner

(3)      Where the Court orders the examination of any witness to be conducted otherwise than before the Court itself, such order shall specify the person appointed as examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat.

Furnishing examiner with exhibits, etc., for examination

(4)      The Registrar shall furnish to the person appointed to take such examination and documents or exhibits and any other material relating to the said appeal as and when requested to do so. Such document, exhibits and other material shall after examination has been concluded be returned by the examiner, together with any deposition taken by him under this rule to the Registrar.

Notification of date of examination

(5)      When the examiner has appointed the day and time for the examination he shall request the Registrar to give notice thereof to the appellant and respondent and their legal representatives, if any, and when the appellant is in prison, to the prison authority. The Registrar shall cause to be served on every witness to be examined a notice in Form 18 in the Second

Schedule.

[Criminal Form 18.]

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 237 [Issue 1]

Evidence to be taken on oath

(6)      Every witness examined before an examiner under this rule shall give his evidence upon oath or affirmation to be administered by such examiner, except where any such witness if giving evidence as a witness at a trial on information need not be sworn.

Deposition of witness: How to take

(7)      The examination of every such witness shall be taken in the form of a deposition and unless otherwise ordered shall be taken in private. The caption in Form 19 in the Second Schedule shall be attached to any such deposition.

[Criminal Form 19.]

Expenses of witness before examiner

(8)      Where any witness shall receive an order or notice to attend before the Court or an examiner, the Registrar may, if it appears to him necessary so to do, pay to such witness a reasonable sum for his expenses.

Presence of parties at examination of witness

(9)      The appellant and respondent, or their legal representatives, shall, unless the Court otherwise directs, be entitled to be present at and take part in any examination of any witness to which this rule relates.

21. Proceeding of reference

When an order of reference is made by the Court to a special commissioner, the question to be referred, and the person to whom as special commissioner the same shall be referred, shall be specified in such order. The Court may in such order or by giving directions as and when they from time to time shall think right, specify whether the appellant or respondent or any person on their behalf may be present at any examination or investigation or at any stage thereof as may be ordered, and specify any and what powers of the Court may be delegated to such special commissioner, and may require him from time to time to make interim reports to the Court upon the question referred to him, and may, if the appellant is in custody, give leave to him to be present at any stage of such examination or investigation and give the necessary directions to the prison authority accordingly, and give directions to the Registrar that copies of any report made by such special commissioner shall be furnished to the appellant and respondent.

22. Notification of final determination of appeal

(1)      On the final determination of any appeal or of any application to the Court the Registrar shall give to the appellant, if he be in custody and has not been present at such final determination, and to the respondent and the prison authority, notice of such determination in Form 20, 21, 22 or 23 in the Second Schedule, as the case may be.

Notification of appeals in capital cases

(2)      In any case of an appeal in relation to a conviction involving sentence of death, the Registrar shall on receiving notice of appeal, send copies thereof to the Permanent Secretary to the appropriate Federal State Ministry, for the information of the authority responsible for advising the President or the Governor of a State (as the case may be) on the exercise of the prerogative of mercy, to the respondent and to the prison authority.

23. Notification of result of appeal to court below

(1)      The Registrar at the final determination of an appeal shall notify in such manner as he thinks most convenient to the Registrar of the court below the decision of the Court in relation thereto, and also any orders or directions made or given by the Court in relation to such appeal or any matter connected therewith.

(2)      The Registrar of the Court below shall on receiving notification referred to in this rule, enter the particulars thereof on the records of such court.

24. Return of original depositions, etc.

Upon the final determination of an appeal for the purposes of which the Registrar has obtained from the Registrar of the court below any original depositions, exhibits, information, inquisition, plea or other documents, usually kept by the said Registrar, or forming part of the record of the court below, the Registrar shall, where practicable, cause the same to be returned to the Registrar of the court below.

25. Enforcement of order

Any order given or made by the Court may be enforced by the Court or by the court below, as may be most expedient.

26. Service of record of appeal to the Supreme Court

(1)      Where there is a further appeal to the Supreme Court, the Registrar shall as soon as possible after the compilation of the record of appeal serve upon every appellant who has duly given a notice of appeal and paid the fees fixed by the Registrar to cover the cost of the record of appeal, a copy of the record.

(2)      The record of appeal may be served upon the appellant in any manner prescribed by these Rules for the service of notices or other documents relating to an appeal.

(3)      The Registrar shall thereafter cause to be served upon every respondent in the appeal who has filed an address for service a notice that the record has been compiled.

27. Certificate of service and transmission of record to the Supreme Court

(1)      Within fourteen days after a record had been served upon an appellant, the Registrar shall certify under his hand that he has served the record of appeal upon every such appellant.

The certificate of service shall be in Criminal Form 23, or to like effect.

(2)      In addition to the requirements of Order 7, rule 4 of the Supreme Court Rules, the Registrar shall as soon as the record and notice of compilation of the record for appeal to the Supreme Court have been served on the appellant and the respondent, as the case may be, transmit to the Supreme Court—

(a)      a certificate that a copy of the record for appeal to the Supreme Court has been served on the appellant;

(b)      a certificate that notice of compilation of the record for appeal to the Supreme Court has been given to the respondent.

ORDER 5

Judgment

1. Judgment

(1)      The judgment of the Court shall be pronounced in open court whether on the hearing of the appeal or at any subsequent time of which notice shall be given by the Registrar to the parties to the appeal.

(2)      Whenever a reserved judgment is to be given and the counsel connected are duly notified in that behalf the presence of such counsel or of their juniors is required in Court when judgment is being delivered. Failure to observed this will be regarded as an act of disrespect to the Court.

2. Enrolment of judgment

(1)      Every judgment of the Court shall be embodied in an order.

(2)      A sealed or certified copy of the order shall be sent by the Registrar to the court below.

(3)      Interlocutory orders shall be prepared in like manner.

4. Review of judgment

Any judgment given by the Court may be enforced by the Court or by the court below or by any other court which has been served of the matter, as the Court may direct.

5. Execution of judgment

When the Court directs any judgment to be enforced by another court, a certificate under the seal of the Court and the hand of the Presiding Justice setting forth the judgment shall be transmitted by the Registrar to such other court, and the latter shall enforce such judgment in terms of the certificate.

6. Costs

Where the costs of an appeal are allowed they may either be fixed by the Court at the time when the judgment is given or may be ordered to be taxed.

7. Notification of judgment

(1)      The Registrar at the final determination of an appeal shall notify, in such manner as he thinks most convenient to the Registrar of the court below the decision of the Court in relationthereto, and also any orders or directions made or given by the Court in relation to such appeal or any matter connected therewith.

(2)      The Registrar of the court below shall on receiving the notification referred to in this rule, enter the particulars thereof on the records of such court.

8. Final disposal of exhibits, documents, etc.

Upon the final determination of an appeal for the purposes of which the Registrar has obtained from the Registrar of the court below any original depositions, exhibits, information, inquisition, plea or other documents usually kept by the said Registrar, or forming part of the record of the court below, the Registrar, shall, where practicable, cause the same to be returned to the Registrar of the court below.

ORDER 6

Filing of briefs of argument

1. Application

This Order shall apply to all appeals coming from any court or tribunal from which an appeal lies to this Court.

2. Filing of appellant’s brief

The appellant shall within sixty days of the receipt of the record of appeal from the court below file in the Court a written brief, being a succinct statement of his argument in appeal.

3. Forms and contents of a brief

(1)      The brief, which may be settled by counsel, shall contain an address or addresses for service and shall contain what are, in the appellant’s view, the issues arising to the appeal as well as amended or additional grounds of appeal.

(2)      Where possible or necessary, the reasons in the brief shall also be supported by particulars of the titles, dates and pages of cases reported in the law reports or elsewhere including the summary of the decisions in such cases, which the parties propose to rely upon. Where it is necessary, reference shall also be made to relevant statutory instruments, law books and other legal journals.

(3)      The parties shall assume that briefs will be read and considered in conjunction with the documents admitted in evidence as exhibits during the proceedings in the court below, and, wherever necessary, reference shall also be made to all relevant documents or exhibits on which they propose to rely in argument.

(4)      All briefs shall be concluded with a numbered summary of the points to be raised and the reasons upon which the argument is founded.

(5)      Except to such extent as may be necessary to the development of the argument, briefs need not set out or summarise judgments of the lower courts, nor set out statutory provisions, or contain an account of the proceedings below or of the facts of the case.

4. Filing of respondent’s brief

(1)      The respondent shall also within forty-five days of the service of the brief for the appellant on him file the respondent’s brief which shall be duly endorsed with an address or addresses for service.

(2)      The respondent’s brief shall answer all material points of substance contained in the appellant’s brief and contain all points raised therein which the respondent wishes to concede as well as reasons why the appeal ought to be dismissed. It shall mutatis mutandis, also conform with rule 3 (1), (2), (3), (4) and (5) of this Order.

5. Filing reply brief

The appellant may also, if necessary, within fourteen days of the service on him of the respondent’s brief but not later than three clear days before the date set on for the hearing of the appeal, file and serve or cause to be served on the respondent a reply brief which shall deal with all new points arising from the respondent’s brief.

6. Joint and several briefs

All parties whose interests are identical or joint shall file a joint brief, and separate briefs may be filed only be those parties whose interests are separated or in conflict.

7. Cross-appeal or respondent’s notice

A respondent may, without leave, include arguments in respect of a cross-appeal or a respondent’s notice in his brief for the original appeal and the cross-appeal or respondent’s notice.

8. Number and service of documents

Twenty copies of all briefs in respect of the appeal shall be filed in court. All such copies shall be duly endorsed for service on the other side which shall also be duly paid for by the party filing the same.

9. Oral argument

(1)      Oral argument will be allow at the hearing of the appeal to emphasise and clarify the written argument appearing in the briefs already filed in court.

(2)      The appellant shall be entitled to open and conclude the argument. Where there is a cross-appeal or a respondent’s notice, the appeal and such cross-appeal or respondent’s notice shall be argued together with the appeal as one case and within the time allotted for one case, and the Court may, having regard to the nature of the appeal, inform the parties which one is to open and close the argument.

(3)      Unless otherwise directed, one hour on each side will be allowed for argument.

(4)      Save with the leave of the Court, no oral argument will be heard on behalf of any party for whom no brief has been filed, or in respect of a point not covered by the brief.

(5)      When an appeal is called and the parties have been duly served with the notice of hearing, but if any party or any legal practitioner appearing for him does not appear to present oral argument even though briefs have been filed by all the parties concerned in the appeal, the appeal will be treated as having been duly argued.

10. Consequences of failure of filing briefs

Where an appellant fails to file his brief within the time provided for in rule 2 of this Order, or within the time as extended by the Court, the respondent may apply to the Court for the appeal to be dismissed for want of prosecution. If the respondent fails to file his brief, he will not be heard in oral argument except by leave of the Court. Where an appellant fails to file a reply brief within the time specified in rule 5, he shall be deemed to have conceded all the new points or issues arising from the respondent’s brief.

11. Power of Court to accelerate hearing in exceptional circumstances

The Court may, where it considers the circumstances of an appeal to be exceptional, or where the hearing of an appeal ought to be accelerated in the interest of justice, waive compliance with the provisions of this Order in so far as they relate to the preparation and filing of briefs of arguments; either wholly or in part or reduce the time limits specified in this Order, to such extent as the Court may deem reasonable in the circumstance of the case.

ORDER 7

Miscellaneous

1. Records of appeal from Customary Court of Appeal or Sharia Court of Appeal

(1)      Records of appeal from the Sharia Court of Appeal or Customary Court of Appeal intended for use in the Court shall be compiled in the English language as well as the language used in the proceedings before the Court.

(2)      Twenty certified true copies in English and three only in the other language shall be forwarded to the Court.

2. Departure from the Rules

The court may direct a departure from these Rules in any way this is required in the interest of Justice.

3. Waiver of non-compliance

(1)      The Court may, in an exceptional circumstance, and where it considers it in the interest of justice so to do, waive compliance by the parties with these Rules or any part thereof.

(2)      Where there is such waiver of compliance with the Rules, the Court may, in such manner as it thinks right, direct the appellant or the respondent, as the case may be, to remedy such non-compliance or may, notwithstanding, order the appeal to proceed or give such directions as it considers necessary in the circumstance.

(3)      The Registrar shall forthwith notify the appellant or the respondent, as the case may be, of such order or directions given by the Court under this rule where the appellant or the respondent was not present at the time when such order was made or directions were given.

4. List of law reports, textbooks, etc., to be forwarded to the Registrar

As early as possible before the date set down for hearing of any appeal before the Court and in any event not later than two clear days before such date, all the parties or the legal practitioners representing them shall forward to the Registrar a list of the law reports, text books, and other authorities which parties or legal practitioners representing them intend to cite at the hearing of the appeal.

5. Application to strike out etc.

(1)      An application to strike out or set aside for non-compliance with these Rules, or for any other irregularity arising from the Rules of Practice and Procedure in this Court any proceedings or any document, judgment or order therein shall only be entertained by the Court if it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2)      An application under this Rule may be made by motion on notice and the ground of objection must be stated therein.

6. Rules of Court Advisory Committee

(1)      There shall be constituted a body to be known as the Rules of Court Advisory Committee comprising of—

(a)      Five Justices of the Court, one of whom shall be the Chairman; and

(b)      One member of each of the inner and outer Bar to be appointed by the President.

(2)      It shall be the duty of the Committee to advise the President from time to time in the exercise of the powers conferred upon him by the Constitution or by or under any law, to make rules for regulating or making provision with respect to practice and procedure in the Court.

(3)      Every member of the Committee shall remain a member thereof for such period as the President may in his discretion prescribe, either at the time of the appointment of the member or at any time thereafter.

7. Practice Direction

The President may, at any time, by notice, declare a practice of the Court as a practice direction, and whenever the declaration was made, such practice direction shall be regarded as part of these Rules.

SCHEDULES

FIRST SCHEDULE

CIVIL FORM 1

IN THE COURT OF APPEAL

Reference as to Constitution

[Order 2, Rule 1.]

Between ……………………………………………………………………………………………………………………….. Plaintiff

and

………………………………………………………………………………………………………………………………….. Defendant

This is an action1 ………………………………………………………………………………………………………………………….

The Plaintiff alleged2 ……………………………………………………………………………………………………………………

The Defendant answered3 ……………………………………………………………………………………………………………..

The Plaintiff replied4 …………………………………………………………………………………………………………………….

After hearing the parties and evidence adduced on each side the Court found that the following matters were established as facts—

First that5 …………………………………………………………………………………………………………………………………….

The following question as to the interpretation of the Constitution arose in these proceedings, namely6 …..

…………………………………………………………………………………………………………………………………………………..

The above stated question of law is referred for the decision of the COURT OF APPEAL.

Dated at ………………………………… this ……………………. day of …………………………………… , 20 ……………

………………………………………………………..

Judge

1. State nature of action.
2. State as concisely as possible the substantive averments of the plaintiff but not any part of the evidence.
3. State in like manner the defendant’s answer and also any further allegation or counter-claim made by the defendant.
4. State reply, if any.
5. State the facts found.
6. Here state question of law.

 

CIVIL FORM 2

IN THE COURT OF APPEAL

Reserved point of Law

[Order 2, Rule 1.]

Between ………………………………………………………………………………………………………………………. Plaintiff

and

………………………………………………………………………………………………………………………………… Defendant

This is an action1 ………………………………………………………………………………………………………………………..

The Plaintiff alleged2 …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

The Defendant answered3 ……………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………

The Plaintiff replied4 …………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………………………………

After hearing the parties and evidence adduced on each side the Court found that the following matters

were established as facts—

First that5 …………………………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………………………………

The following questions of law are reserved for the decision of the Court of Appeal—

First whether6 ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

Dated at ………………………………… this ……………………. day of …………………………………… , 20 ……………

………………………………………………………..

Judge

1. State nature of action.
2. State as concisely as possible the substantive averments of the plaintiff but not any part of the evidence.
3. State in like manner the defendant’s answer and also any further allegation or counter-claim made by the defendant.
4. State reply, if any.
5. State the facts found.
6. State question of law on which a decision is required.

CIVIL FORM 3

IN THE COURT OF APPEAL

Notice of Appeal

[Order 3, Rule 2.]

Between ………………………………………………………………………………………………………………………. Plaintiff

and………………………………………………………………………………………………………………………………… Defendant

CIVIL FORM 3—continued

TAKE NOTICE that the plaintiff/defendant being dissatisfied with the decision/that part of the decision more particularly stated in paragraph 2* of the ………………………………………………………………………. court contained in the judgment/order of …………………………………………………………… dated the ………………….. day of …………………………………………. 20 ……………. doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the relief set out paragraph 4.

And the Appellant further states that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5.

2. Part of decision of the lower court complained of;
3. Grounds of Appeal;

(1)

(2)

(3), etc.

4. Relief sought from the Court of Appeal;
5. Persons directly affected by the appeal;

Name Address

(1)

(2)

(3), etc.

Dated at ………………………………… this ……………………. day of …………………………………… , 20 ……………

………………………………………………………..

Appellant,

whose address for service is ………………………

……………………………………………………………….

*Strike out words inapplicable.

If appealing against the whole decision insert * whole decision*.

Note.—An address for service must be given.

CIVIL FORM 4

IN THE COURT OF APPEAL

Notice of Motion

[Order 3, Rule 3 (1) and 4 (2).]

Between ………………………………………………………………………………………………………………………. Plaintiff

and

………………………………………………………………………………………………………………………………… Defendant

TAKE NOTICE that the Court will be moved on ……………………………………………………………………………….

at ………………………………………………………. in the forenoon or as soon thereafter as Counsel can be heard

on behalf of the above-named* ……………………………………………………………………………. for an order that

…………………………………………………………………………………………………………………………………………………

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

[Issue 1] C12 – 246

CIVIL FORM 4—continued

………………………………………………………..

Applicant or his legal representative,

whose address for service is ………………………

……………………………………………………………….

State whether applicant or respondent.

State the prayer.

Note.—An address for service must be given.

CIVIL FORM 5

IN THE COURT OF APPEAL

Notice of Motion for Leave to Appeal

[Order 3, Rule 3 (2) and (7).]

Between ………………………………………………………………………………………………………………………. Plaintiff

and

………………………………………………………………………………………………………………………………… Defendant

TAKE NOTICE that the Court will be moved on ……………………………………………………………………………….

at ………………………………………………………. in the forenoon or as soon thereafter as Counsel can be heard

on behalf of the above-named* ……………………………………………………………………………. for an order that

………………………………………………………………………………………………………………………………………………..

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Applicant or his legal representative,

whose address for service is ………………………

……………………………………………………………….

To: The Registrar

Court of Appeal

And* ………………………………………………………………………………………………………………………………………..

(Insert name of respondent)

Note.—An address for service must be given.

CIVIL FORM 6

IN THE COURT OF APPEAL

Summons to parties by Registrar to settle a record

[Order 3, Rule 8.]

Between ………………………………………………………………………………………………………………………. Plaintiff

and

………………………………………………………………………………………………………………………………. Respondent

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 247 [Issue 1]

CIVIL FORM 6—continued

TAKE NOTICE that the all parties concerned are required to attend before me at the Court office at …………

……………………………. on the …………………………… day of ……………………………………….. 20 …………………at the hour of ……………………. in the ……………………….. noon to proceed with settling of the record of the appeal herein.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar

CIVIL FORM 7

IN THE COURT OF APPEAL

Bond for Cost on Appeal

[Order 3, Rule 11.]

Know all men by this presents, that we …………………………………………………………………………………………

of …………………………………………………………………………………………………………………………………………….

and …………………………………………………………………………………………………………………………………………..

of …………………………………………………………………………………………………………………………………………….

and …………………………………………………………………………………………………………………………………………..

of …………………………………………………………………………………………………………………………………………….

are jointly and severally held and firmly bound to …………………………………………………………………………..

of ……………………………………………………………………………. in the sum of ………………………………… naira

of lawful money to be paid to the said …………………………………………………………………………………………..

his executors, administrators or assigns, for which payment well and truly to be made, we bind ourselves, and each of us for himself, in the whole our and every of our heirs, executors and administrators,

firmly by these presents.

Sealed with our seals.

Dated this ……………………….. day of ……………………………………….. in the year of our Lord, 20 ……………

whereas a suit is now pending in the Court at …………………………………………………………………………………

wherein the above bounden …………………………………………………………………………………….. is Defendant;

And whereas a judgment was given by the Court therein, on the ……………………………………………. day of

…………………………………… for the said …………………………………. and the said ………………………………….

has filed Notice of Appeal from the said judgment;

And whereas it is by law provided that the party appealing shall give security to the satisfaction of the Registrar of the Court below for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the appellant.

And whereas the above-named ……………………………………………… and …………………………………………….

at the request of the said ……………………………………………………………………………………………………………..

have agreed to enter unto this obligation for the purpose aforesaid:

Now the condition of this obligation is such, that if the said …………………………………………………………….

shall duly prosecute the appeal and if the above bounden …………………………………………………………………

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

[Issue 1] C12 – 248

CIVIL FORM 7—continued

and ………………………………………………………………………………………………. and or either of them shall pay any costs which may be ordered to be paid by the appellant this obligation shall be void, otherwise remain in full force.

Signed, sealed and delivered in the presence of ……………………………………………………………………… (L.S)

………………………………………………………………………………………………………………………………………… (L.S)

………………………………………………………………………………………………………………………………………… (L.S)

CIVIL FORM 8

IN THE COURT OF APPEAL

Certificate of Service of Notice of Appeal

[Order 3, Rule 13.]

Between …………………………………………………………………………………………………………………. Appellant(s)

and

…………………………………………………………………………………………………………………………… Respondent(s)

I, the undersigned Registrar of the ………………………………………………………………………………………………….

COURT DO CERTIFY that notice of appeal in the above-named case was duly served upon ………………………

the Respondent herein.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar

CIVIL FORM 9

IN THE COURT OF APPEAL

Certificate of Registrar that conditions of Appeal have been fulfilled

[Order 3, Rule 13.]

Between ……………………………………………………………………………………………………………………. Applicant

and

………………………………………………………………………………………………………………………………. Respondent

I do here certify that the above-named Appellant has duly and punctually complied with the conditions of appeal imposed on him in the above-named case.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar

The Registrar

COURT OF APPEAL

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 249 [Issue 1]

CIVIL FORM 10

IN THE COURT OF APPEAL

Notice to parties of dispatch of Record

[Order 3, Rule 13 (2).]

Between …………………………………………………………………………………………………………………….. Applicant

and

……………………………………………………………………………………………………………………………….. Respondent

TAKE NOTICE that the record in the above-named appeal has this day been forwarded to the Registrar of

the Court of Appeal.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar

To: ………………………………………………………….

………………………………………………………………..

………………………………………………………………..

CIVIL FORM 11

IN THE COURT OF APPEAL

Notice by Respondent of intention to contend that decision of Court below be varied

[Order 3, Rule 14 (1).]

Between ………………………………………………………………………………………………………………………. Plaintiff

and

………………………………………………………………………………………………………………………………. Respondent

TAKE NOTICE that the upon the hearing of the above appeal the Respondent herein intends to contend that the decision of the Court below dated the …………… day of …………………………….. 20 ……………………. shall be varied as follows—

And take NOTICE that the grounds on which the Respondent intends to rely are as follows—

1. …………………………………………………………………………………..
2. …………………………………………………………………………………..
3. …………………………………………………………………………………..

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Respondent

On Notice to— …………………………………………

………………………………………………………………..

………………………………………………………………..

*State the variation which will be asked for

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

[Issue 1] C12 – 250

CIVIL FORM 12

IN THE COURT OF APPEAL

Notice of intention to contend that judgement should be affirmed on grounds other than those relied on by the Court

[Order 3, Rule 14 (2).]

Between ……………………………………………………………………………………………………………………. Appellant

and

………………………………………………………………………………………………………………………………. Respondent

TAKE NOTICE that upon the hearing of the above appeal the Respondent intends to contend that the decision of the Court below dated the …………………………. day of …………………………….. 20 ………………….. shall be affirmed on grounds other than those relied on by the court below*—

And take NOTICE that the grounds on which the Respondent intends to rely are as follows—

1. …………………………………………………………………………………..
2. …………………………………………………………………………………..
3. …………………………………………………………………………….. etc.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Respondent

On Notice to— …………………………………………

………………………………………………………………..

………………………………………………………………..

CIVIL FORM 13

IN THE COURT OF APPEAL

Notice of Respondent of intention to rely upon Preliminary Objection

[Order 3, Rule 15.]

Appeal No. …………………………………………………………..

Between ……………………………………………………………………………………………………………………. Appellant

and

………………………………………………………………………………………………………………………………. Respondent

TAKE NOTICE that the Respondent herein named intends, at the hearing of this appeal to rely upon the following preliminary objection, notice whereof is hereby given to you, viz—

1. …………………………………………………………………………………..
2. …………………………………………………………………………………..
3. …………………………………………………………………………….. etc.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Plaintiff/Respondent

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 251 [Issue 1]

CIVIL FORM 13—continued

To the above-named Plaintiff/Defendant/Appellant or his legal representative.

To: ………………………………………………………….

………………………………………………………………..

………………………………………………………………..

CIVIL FORM 14

IN THE COURT OF APPEAL

Notice of withdrawal of Appeal

[Order 3, Rule 18 (1).]

Appeal No. …………………………………. 20 …………………

Between …………………………………………………………………………………………………………………. Appellant(s)

and

……………………………………………………………………………………………………………………………. Respondent(s)

TAKE NOTICE that the Appellant(s) herein intend(s) doth hereby wholly withdraw(s) his/her appeal

against (all) the Respondent(s) in the above mentioned appeal.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Appellant(s)

The Registrar

COURT OF APPEAL

CIVIL FORM 15

IN THE COURT OF APPEAL

Notice of withdrawal of Appeal by agreement

[Order 3, Rule 18 (2).]

Appeal No. …………………………………. 20 …………………

Between …………………………………………………………………………………………………………………. Appellant(s)

and

……………………………………………………………………………………………………………………………. Respondent(s)

TAKE NOTICE that the above appeal is withdrawn with the consent of all parties hereto.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Appellant or his legal representative

………………………………………………………..

Appellant or his legal representative

CIVIL FORM 16

IN THE COURT OF APPEAL

Certificate as to non-compliance with conditions imposed upon a would-be Appellant

[Order 3, Rule 20.]

Between ……………………………………………………………………………………………………. Plaintiff(s) Applicant

and

……………………………………………………………………………………………………………. Defendant(s) Respondent

Pursuant to Order 3 Rule 20 of the Court of Appeal Rules, I hereby certify that the Appellant(s) in the above-named cause have/has complied with none of the requirements of Order 3, Rules 10 and 11.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar ……………………………. Court

CIVIL FORM 17

IN THE COURT OF APPEAL

Form of Declaration that a party does not wish to be present or represented at hearing of Appeal

[Order 3, Rule 24.]

Appeal No. …………………………………………………………

Between ……………………………………………………………………………………………………………………. Appellant

and

………………………………………………………………………………………………………………………………. Respondent

I, …………………………………………………………………………………………………………….. Appellant/Respondent do hereby declare that I do not wish to be present in person or by counsel on the hearing of the abovementioned appeal, but desire to submit the following arguments for the consideration of the Court.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Appellant/Respondent

CIVIL FORM 18

IN THE COURT OF APPEAL

Certificate of the Registrar of service upon Respondent(s) of notification that

the Record has been compiled

[Order 3, Rule 20.]

Appeal No. …………………………………………………………

I do hereby certify that on ……………………… the……………………. day of ……………………….. , 20 ……………

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 253 [Issue 1]

CIVIL FORM 18—continued the respondent/respondents in this appeal was/were notified by ………………………………………………………..

…………………………………………………………………………….. that the record of this appeal has been compiled.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar

CIVIL FORM 19

IN THE COURT OF APPEAL

Certificate of the Registrar that a copy of the Record of Appeal has been

served on the Appellant(s)

[Order 3, Rule 29.]

Appeal No. …………………………………………………………

Between ……………………………………………………………………………………………………………………………………

and

…………………………………………………………………………………………………………………………………………………

I do hereby certify that a copy of the record of the above appeal was on the …………………………….. day of…………………………….. 20 ………….. served upon the appellant/appellants by ……………………………………..

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar

CIVIL FORM 20

IN THE COURT OF APPEAL

Certificate of the Order of the Court

[Order 5, Rule 5.]

Appeal from the …………………………………………………………………………………………………………………………

of the ………………………………………………………………………………………………………………………………………..

Dated the ……………………………………….. day of …………………………………………………………. , 20 ……………

……………………………………………………………………………………………………………………………………… Motion

……………………………………………………………………………………………………………………………….. Appeal No.

vs

……………………………………………………………………………………………………………………………….. Respondent

This appeal coming on for hearing on the …………………….. day of ……………………………….. , 20 ……………

before …………………………………………………………………………………………………………….. in the presence of

……………………………………………………………………………………………………………………. for the Respondent.

CIVIL FORM 20—continued

I hereby certify that an Order was made as follows—

Given under my hand and Seal of the Court this ………………. day of …………………………… , 20 ……………

………………………………………………………..

Registrar

SECOND SCHEDULE

CRIMINAL FORM 1

IN THE COURT OF APPEAL

Notice of Appeal from decision of a Court siting as a Court of first instance

[Order 4, Rule 3.]

(1) State the offence, e.g. Murder.

The State v ………………………………………………………………………………………………………………………………….

To the Registrar of the ………………………………………………………………………………………………………………….

(2) Where appellant for any reason not in custody, set out address for service.

I, …………………………………………………………………………………………………… having been convicted of the

of1, …………………………………………………………………………………………………………………………………………..

and ………………………………………………………………………………………………. now being a prisoner in prison

at ……………………………………………………………………………………………………. or whose address for service

is2 …………………………………………………………………………………………………………………………………………….

do hereby give notice to appeal against my conviction (particulars of which hereinafter appear to the Court on the following grounds3—

(3)      State as clearly as possible the grounds on which you desire to appeal

………………………………………………………..

Signature or mark of Appellant

…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

PARTICULARS OF TRIAL AND CONVICTION

1. Date of trial …………………………………………………………………………………………………………………………..
2. In what Court tried …………………………………………………………………………………………………………………
3. Sentence ……………………………………………………………………………………………………………………………….
4. Whether questions of law not raised were raised at the trial …………………………………………………………

You are required to answer the following question—

Do you desire to be present on the hearing of your appeal by the Court?

If you do so desire, state the reason upon which you submit the said Court should give you leave to be present.

N.B.—The Court will, if you desire it, consider your case and argument if put into writing by you or on your behalf, instead of your case and argument being prescribed orally. If you desire to present your case and argument in writing, submit as fully as you think right your case and argument in support of your appeal.

CRIMINAL FORM 1—continued

Note.—This form should only be used where there is a right of appeal without leave, that is to say, in an appeal from a conviction for murder by the High Court or in any other appeal in which an appeal as of right lies by virtue of the Constitution or an express provision of law.

CRIMINAL FORM 2

IN THE COURT OF APPEAL

Notice of application for leave to Appeal from decision of a Court siting as a

Court of first instance

[Order 4, Rule 3.]

(1) State the offence, e.g. Larceny, forgery, etc.

The State v ………………………………………………………………………………………………………………………………….

To the Registrar of the ………………………………………………………………………………………………………………….

(2) Where appellant for any reason is not in custody, set out address for service.

I, having been convicted of the offence of1, …………………………………………………………………………………………………………………………….

and ……………………………………………………………………………………………….. now being a prisoner in prison at ……………………………………………………………………………………………………. (or whose address for service is2 ) …………………………………………………………………………………………………………………………………………….

(3)      If the appellant wishes to appeal against conviction only he should strike out the word “sentence”.

If he wishes to appeal against sentence only he should strike out the word “conviction”. If he wishes to appeal against conviction and sentence he should leave in both words.

And being desirous of appealing against my conviction/sentence3. DO HEREBY GIVE NOTICE THAT I hereby apply for leave to appeal on the following grounds—

………………………………………………………..

Signature or mark of Appellant

…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

PARTICULARS OF TRIAL AND CONVICTION

1. Date of trial …………………………………………………………………………………………………………………………..
2. In what Court tried …………………………………………………………………………………………………………………
3. Sentence ……………………………………………………………………………………………………………………………….

(1) If you desire to be present when the Court considers your present application or leave toappeal, state—

(a) whether or not you are legally represented; and

(b) the grounds on which you submit that the Court should give you leave to be present thereat.

…………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………

(2)      The Court will, if you desire it, consider your case and argument if put in writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing, submit as fully as you think right your case and argument in support of your appeal.

CRIMINAL FORM 2—continued

State if you desire to be present at the final hearing of your appeal.

…………………………………………………………………………………………………………………………………………………

Note.—The form suitably adapted may also be used where the application for leave to appeal is made to

the High Court.

CRIMINAL FORM 3

IN THE COURT OF APPEAL

Notice of Appeal from decision of a Court in its Appellant Jurisdiction

[Order 4, Rule 3.]

(1) State the offence, e.g. Larceny, forgery, etc.

…………………………………………………………………………………………………………………………………………………..

To the Registrar of the ………………………………………………………………………………………………………………….

(2) Where appellant is for any reason not in custody, set out address for service.

I, ……………………………………………………………………………………………………………. having been convicted

of the offence of1, ………………………………………………………………………………………………………………………now being a prisoner in prison at ………………………………………………………………………. (or whose address for service is2 ) ……………………………………………………………………………………………………………………………

(3) Set forth the grounds on which you desire to appeal and specify the extent if any, to which the appeal court varied the decisions of the court of trial. It should also be stated whether the appeal is against conviction only or against sentence only, or against both sentence and conviction.

DO HEREBY GIVE NOTICE of appeal against the decision of the High Court of …………………………………….

On the following grounds3—

………………………………………………………..

Signature or mark of Appellant

…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

PARTICULARS OF TRIAL AND CONVICTION

1. Date of trial …………………………………………………………………………………………………………………………..
2. In what Court tried …………………………………………………………………………………………………………………
3. In what Court appeal heard ……………………………………………………………………………………………………..

DO HEREBY GIVE NOTICE THAT I hereby apply for leave to appeal against the decision of the High Court

on the following grounds3—

………………………………………………………..

Signature or mark of Appellant

…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

PARTICULARS OF TRIAL AND CONVICTION

1. Date of trial …………………………………………………………………………………………………………………………..

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 257 [Issue 1]

CRIMINAL FORM 3—continued

2. In what Court tried …………………………………………………………………………………………………………………
3. In what Court appeal heard ……………………………………………………………………………………………………..

(1) If you desire to be present when the Court considers your application for leave to appeal, state—

(a) whether or not you are legally represented; and

(b) the grounds on which you submit that the Court should give you leave to be present thereat.

…………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………

(2) The Court will, if you desire it, consider your case and argument if put in writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing, submit as fully as you think right your case and argument in support of your appeal.

State if you desire to be present at the final hearing of your appeal.

…………………………………………………………………………………………………………………………………………………

Note.—The form suitably adapted may also be used where the application for leave to appeal is made to

the High Court.

CRIMINAL FORM 4

IN THE COURT OF APPEAL

Notice of application for leave to Appeal from decision of a Court in its

Appellant Jurisdiction

[Order 4, Rule 3.]

To the Registrar of the ………………………………………………………………………………………………………………..

Order 3, Rule 3 (1) and 4 (2).

I, ………………………………………………………………………………………… having been convicted of the offence of1, ………………………………………………………………………………………………………………………… now being a

prisoner in prison at ………………………………………………………………………………………… (or whose address

for service is2 ) ……………………………………………………………………………………………………………………………

DO HEREBY GIVE NOTICE THAT I apply for leave to appeal against the decisions of the High Court on the

following grounds3—

………………………………………………………..

Signature or mark of Appellant

…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

PARTICULARS OF TRIAL AND CONVICTION

1. Date of trial …………………………………………………………………………………………………………………………..
2. In what Court tried …………………………………………………………………………………………………………………
3. In what Court appeal heard ……………………………………………………………………………………………………..
4. Sentence ……………………………………………………………………………………………………………………………….

(1) If you desire to be present when the Court considers your application for leave to appeal, state—

(a) whether or not you are legally represented; and

CRIMINAL FORM 4—continued

(b) the grounds on which you submit that the Court should give you leave to be present thereat.

…………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………

(2)      The Court will, if you desire it, consider your case and argument if put in writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing, submit as fully as you think right your case and argument in support of your appeal.

State if you desire to be present at the final hearing of your appeal.

Note.—The form suitably adapted may also be used where the application for leave to appeal is made to the High Court.

CRIMINAL FORM 5

IN THE COURT OF APPEAL

Notice of Appeal (or application for leave to appeal) by Prosecutor

[Order 4, Rule 3.]

…………………………………………………………………………………………………………………………………………………

To the Registrar of the ………………………………………………………………………………………………………………..

I, ………………………………………………………………………………………………. the prosecutor in the above case and being desirous of appealing against the decision under section* ………………………………………………….

DO HEREBY GIVE NOTICE OFAPPEAL (or application for leave to appeal) on the following grounds—

………………………………………………………..

Prosecutor

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

*Refer to the provision of law giving to the prosecutor a right of appeal or the right to apply for leave.

PARTICULARS OF TRIAL AND CONVICTION

Fill in all these particulars

1. Date of trial and sentence ………………………………………………………………………………………………………..
2. In what Court tried …………………………………………………………………………………………………………………
3. In what Court appeal heard ……………………………………………………………………………………………………..
4. Sentence ……………………………………………………………………………………………………………………………….

(1) If you desire to be present when the Court considers your application for leave to appeal, state—

(a)      whether or not you are legally represented; and

(b)      the grounds on which you submit that the Court should give you leave to be present thereat.

…………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………

(2)      The Court will, if you desire it, consider your case and argument if put in writing by you or on your behalf, instead of your case and argument being presented orally. If you desire to present your case and argument in writing, submit as fully as you think right your case and argument in support of your appeal.

State if you desire to be present at the final hearing of your appeal.

Note.—The form suitably adapted may also be used where the application for leave to appeal is made to

the High Court.

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 259 [Issue 1]

CRIMINAL FORM 6

IN THE COURT OF APPEAL

Notification by Registrar of High Court of result of application for leave to appeal

[Order 4, Rule 6.]

The State v ………………………………………………………………………………………………………………………………….

To the Registrar of the Court of Appeal ………………………………………………………………………………………….

I hereby give you notice that on the …………………. day of ……………………………………….. 20 …………………

the High Court of ………………………………………………… at …………………………………………………………………granted/refused an application for leave to appeal against the conviction/sentence in the case of which

particulars are set out below.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

Registrar of …………………………………………………………………………………………………………………………………

PARTICULARS OF TRIAL AND CONVICTION

1. No. of Case …………………………………………………………………………………………………………………………..
2. Court of trial …………………………………………………………………………………………………………………………
3. Name of accused ……………………………………………………………………………………………………………………
4. Result of trial ………………………………………………………………………………………………………………………..

Note.—The Registrar of the High Court should forward with this notice the application for leave to

appeal.

CRIMINAL FORM 7

IN THE COURT OF APPEAL

Notice of application for extension of the time within which to appeal from decision

of a court in its Appellant Jurisdiction

[Order 4, Rule 5.]

The State v ………………………………………………………………………………………………………………………………..

To the Registrar of the ………………………………………………………………………………………………………………..

I, ………………………………………………………………………………………… having been convicted of the offence of1, ………………………………………………………………………………………………………………………………………. in the …………………………………………………………………………………………………………………………… court, held

at ………………………………………………………………………………………. on the ………………………………. day of

……………………………………………….. 20 …………………………………… and being now a prisoner in prison at

…………………………………. or whose address for service is2 ………………………………………………………………. give you notice that I hereby apply to the Court for an extension of time within which I may give Notice of Appeal (or Notice of Application for leave to Appeal) on the grounds3 following—

………………………………………………………..

Signature or mark of Appellant

…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

CRIMINAL FORM 7—continued

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

You are requested to send to the Registrar of the Court duly filed up Form 1, 2, 3, or 4, whichever is appropriate.

1. State the offence, e.g. Larceny, forgery, etc.
2. Where applicant is for any reason not in custody, set out address for service.
3. Set out clearly and concisely the reasons for the delay in giving such notice and the grounds on which you submit the Court should extend the time.

CRIMINAL FORM 8

IN THE COURT OF APPEAL

Recognisance of bail of Appellant

[Order 4, Rule 13.]

The State v ………………………………………………………………………………………………………………………………….

convicted of ………………………………………………………………………………………. on the ……………………………

day of ……………………………………………………………………… , 20 ………………. and was thereupon sentenced

to ……………………………………………………………………………………….. and now is in lawful custody in prison

at ……………………………………………………………………………………………… and has duly appealed against his conviction (and sentence) to the Court and has applied for bail pending the determination of his appeal, and has been granted bail on entering into his own recognisance in the sum of ₦ ………………………………… (with sureties each in the sum of ₦ …………………………………………………………………………………..), he said

…………………………………………………………………………………………………… personally cometh before me the undersigned, being the ……………………………………………………………………………………… and acknowledges himself to own to the State the said sum of ₦ ………………………………………….. of good and lawful money, to be made and levied of his goods and chattels, lands and tenements to the use of the State, if the said ….. …………………………………………………………………………………………………….. fails in the condition endorsed.

TAKEN AND ACKNOWLEDGED this …………… day of ………………………………………………….. 20 ……………

at …………………………………………………… , before me.

………………………………………………………..

(State Office)

CONDITION

The condition for the within Recognisance is such that if the said ……………………………………………………. shall personally appear and surrender himself at and before the Court at each and every hearing of his appeal to such Court and at the final determination thereof and then and there abide by the judgment of the said Court and not depart or be absent from such Court at any such hearing without the leave of the said Court, and in the meantime not depart from his usual place of abode without the leave of the Court, then this Recognisance shall be void, otherwise of full force and effect.

The following to be filled up by the Appellant and signed by him—

When released on bail my address for service to which any Notices, etc., are to be addressed, will be as follows—

Signed ………………………………………………………..

Applicant

CRIMINAL FORM 9

IN THE COURT OF APPEAL

Recognisance of Appellants sureties

[Order 4, Rule 13.]

The State v ………………………………………………………………………………………………………………………………….

BE IT REMEMBERED that on this ………………….. day of ………………………………………………. 20 ……………

……………………………………………………………………………………………………………………………………………. of

…………………………………………………………………………………………………………………………………………. and

……………………………………………………………………………………………………………………………………………. of

………………………………………………………………………………………………….. came before me the undersigned being the ……………………………………………………………………… and severally acknowledged themselves to own to President of the Federal Republic of Nigeria the several sums following, that is to say, the said … ………………………………………………………………………………………………… the sum of ₦ ………………………… and the said ………………………………………………………………………………. the sum of ₦ ………………………… of good and lawful money, to be made and levied of their goods and chattels, lands and tenement respectively, to the use of the President of the Federal Republic of Nigeria, His heirs and successors, if …..

………………………………………………………………….. now in lawful custody in prison at ………………………….

fail in the condition hereon endorsed.

TAKEN AND ACKNOWLEDGE before me the undersigned, the day and year first above-mentioned.

………………………………………………………..

Magistrate/Registrar

CONDITION

The condition of the within written Recognisance is such that whereas the said …………………………………. having been convicted of ……………………………………………………………………………………. and now in such lawful custody as before-mentioned under a sentence of …………………………………………………………………. for such offence, has duly appealed to the Court against his said conviction (and sentence), and having applied to the said Court for bail, pending the determination of his said appeal, has been granted bail on him entering into recognisance in the sum of ₦ ……………………………….. with sureties each in the sum of ₦ ……………………………………………….. if the said ………………………………………………………………………….. shall personally appear and surrender himself at and before the said Court and at the final determination thereof, and then and there abide by the judgment of the said Court, and not depart or be absent from the said Court at any such hearing without the leave of the Court and in the meantime not depart from his usual place of abode without the leave of the Court, then this recognisance shall be void, otherwise of full force and effect.

CRIMINAL FORM 10

IN THE COURT OF APPEAL

Warrant for arrest of Appellant on bail

[Order 4, Rule 13.]

The State v ………………………………………………………………………………………………………………………………….

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

[Issue 1] C12 – 262

CRIMINAL FORM 10—continued

To the Constable of the Police Force (or Court Messengers or as the case may be) and to the ……………………………………………………………………………………………………………………………………………………………………..

(State Office)

of the Prison at …………………………………………………………………………………………………………………………….

WHEREAS ……………………………………………………………………………………………………., an Appellant in the

Court has been released on bail, and it has now been ordered by the said Court that a warrant be issued for the apprehension of the said …………………………………………………………………………… and bring him tothe …………………………………………………………………………………………………………….. of the said prison and then deliver him with this warrant into the custody of the said ……………………………………………………………

(State Office)

and you the said ………………………………………………………………………… are hereby required to receive the said ………………………………………………………………………………………. into your custody in the said prison and thereby safely to keep him until further order of the said Court.

………………………………………………………..

Presiding Justice

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

CRIMINAL FORM 11

IN THE COURT OF APPEAL

Notice of abandonment of appeal

[Order 4, Rule 18.]

The State v ………………………………………………………………………………………………………………………………….

I, ……………………………………………………………………………………………………………. having been convicted

of ………………………………………………………………………… in the …………………………………………………………. court at ……………………………………………………………………………… and having been desirous of appealing to the Court against my said conviction (or the sentence of ……………………………………………………………….. passed upon me on my said conviction) do hereby give you notice that I do not intend further to prosecute my appeal and that I hereby abandon all further proceedings in regard thereto as from the date hereof.

………………………………………………………..

Signature or mark of Appellant

…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

To the Registrar of the Court of Appeal.

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 263 [Issue 1]

CRIMINAL FORM 11A

IN THE COURT OF APPEAL

Notice of abandonment of appeal by Prosecutor

[Order 4, Rule 18.]

The State v ………………………………………………………………………………………………………………………………..

I, …………………………………………………………………………………………… being the Appellant/the Prosecutor in the ………………………………………………………. (Court) at ………………………………………………………………. having appealed against the acquittal and/or discharge of ……………………………………………………………….. on the ……………………… day of ……………………………….. , 20 …………………. in charge No. ………………….. and having been desirous of appealing to the Court against the said acquittal and/or discharge do hereby give notice that the State/I do not intend further to prosecute my appeal, and hereby abandon(s) all further proceedings in regard thereto as from the date hereof.

………………………………………………………..

Signature or mark of Appellant

…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

To the Registrar of the Court of Appeal.

For service on the Respondent.

CRIMINAL FORM 12

IN THE COURT OF APPEAL

Notification of abandonment of appeal

[Order 4, Rule 18.]

The State v ………………………………………………………………………………………………………………………………..

To the DIRECTOR OF PUBLIC PROSECUTIONS OF* …………………………………………………………………………..

to ………………………………………………………………………………………………………………………………. This is to give you notice that I have this day received from the above-named ………………………………………. notice of abandonment of all proceedings in regard to his appeal to the Court. The said notice is dated ………….. day of …………………………………………. , 20 ……………………….

By Order 4 rule 18 of the Court of Appeal Rules, upon the notice of abandonment being given the appeal shall be deemed o have been dismissed by the Court.

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar of the Court

*Send copies addressed to—

(a) the Director-General to the appropriate Ministry (if a capital case).

(b) the Director of Public Prosecutions or other respondent.

(c) the Prison Authority; and

(d) the Registrar of the Court below.

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

[Issue 1] C12 – 264

CRIMINAL FORM 13

IN THE COURT OF APPEAL

Notice of application for leave to withdraw and abandonment of appeal

[Order 4, Rule 19.]

(By defendant appellant)

TO THE REGISTRAR, COURT OF APPEAL

I, ………………………………………………………………………………………… having been convicted of the offence of1, ………………………………………………………………………………………………………………….. and now being a prisoner in prison at ………………………………………………………………………………….. (or) whose address for service is ……………………………………………………………………………………………………. and having duly sent a notice that I desire to appeal to the Court of Appeal and having abandoned my appeal:

GIVE YOU NOTICE that I hereby apply to the Court of Appeal for leave to withdraw my notice of abandonment, in the special circumstances following2—

………………………………………………………..

Signature or mark of Appellant …………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

Note.—Form 7 must be filled up and sent this Notice to the Registrar.

1. Here state the offence e.g. larceny, forgery, etc.
2. Set out as clear and concisely as possible the special reasons for giving such notice, and the grounds on which you submit the Court should allow you to withdraw the abandonment.

CRIMINAL FORM 13A

IN THE COURT OF APPEAL

Notice of application for leave to withdraw and abandonment of appeal

(by Appellant/Prosecutor)

[Order 4, Rule 19.]

TO THE REGISTRAR, COURT OF APPEAL

The State v ………………………………………………………………………………………………………………………………..

I, ………………………………………………………………………………………………… being the Appellant/Prosecutor and having appealed against the acquittal and/or discharge by the …………………………………………… Court on the ………………………………. of ……………………………………………….. 20 …………………………. in Charge

No. ………………………………….. and having duly sent a notice that the State/I desire to appeal to the Court

of Appeal and having abandoned my appeal.

GIVING YOU NOTICE that the State/I hereby apply to the Court of Appeal for leave to withdraw their/my

Notice of Abandonment in the special circumstances following—

………………………………………………………..

Signature or mark of Appellant

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

C12 – 265 [Issue 1]

CRIMINAL FORM 13A—continued

………………………………………………………………………………………………………………………………………………..

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

Note.—Form 7 must be filled up and sent with this Notice to the Registrar.

1. To the Registrar, Court of Appeal, ……………………………………………………………………………..
2. For service on the Respondent.

CRIMINAL FORM 14

IN THE COURT OF APPEAL

Notice to witness to attend Court for examination

[Order 4, Rule 20.]

The State v ………………………………………………………………………………………………………………………………..

To ……………………………………………………………………………………………………………………………………………

(Name of Witness)

of …………………………………………………………………………………………………………………………………………….

(Address)

Whereas on good cause shown to the Court you have been ordered to attend and be examined as a witness before such Court upon the appeal of the above-mentioned.

This is to give you notice to attend before the said Court at …………………………………………………………….. on the ……………… day of ……………………………………….. 20 ………………….. at …………………………………. o’clock in the ……………………………….. noon. You are also required to have with you at the said time and place any books, papers or other things relating to the said appeal which you may have had notices so as to produce.

………………………………………………………..

Registrar of the Court

Dated the ……………………………………….. day of …………………………………………………………. , 20 ……………

CRIMINAL FORM 15

IN THE COURT OF APPEAL

Appellant’s application for further witnesses

[Order 4, Rule 20.]

The State v ………………………………………………………………………………………………………………………………….

I, ……………………………………………………………………………………………………. having appealed to the Court, hereby request to take notice that I desire that the said Court shall order the witnesses hereinafter specified

to attend the Court and be examined on my behalf.

………………………………………………………..

Signature or mark of Appellant

CAP. C12

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

[Issue 1] C12 – 266

CRIMINAL FORM 15—continued…………………………………………………………………………………………………………………………………………………

Signature and address of witness attesting mark

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

You are required to fill up the following and sign the same.

1. Names and addresses of witnesses ……………………………………………………………………………………………
2. Whether such witnesses have been examined at trial …………………………………………………………………..
3. If not, state the reason why they were not so examined …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
4. On what matter do you wish them to be examined on the appeal? …………………………………………………………………………………………………………………………………………………………………………………………………..

State shortly the evidence you think they can give.

CRIMINAL FORM 16

IN THE COURT OF APPEAL

Notice to witness to attend before an Examiner

[Order 4, Rule 20.]

The State v ………………………………………………………………………………………………………………………………….

To ……………………………………………………………………………………………………………………………………………..

(Name of Witness)

of ………………………………………………………………………………………………………………………………………………

(Address of witness)

Whereas on good cause shown to the Court you have been ordered to be examined as a witness upon the appeal of the above-named, and your deposition to be taken for the use of the said Court.

This is to give you notice to attend at ……………………………………………………………………………………………..

(Specify place of examination)

on the ……………………………………………. day of …………………………………………………………. , 20 ……………before ………………………………………. at ………………………………………. o’clock in the ………………… noon.

You are also required to have with you at the said time and place any books, papers or other things under your control or in your possession in any manner relating to the said appeal of which you may have had notice so to produce.

Dated the ……………………………………….. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar of the Court

CRIMINAL FORM 17

IN THE COURT OF APPEAL

Caption for deposition of Witness examined before Examiner

[Order 4, Rule 20.]

The State v ………………………………………………………………………………………………………………………………..

The deposition (on oath) taken before me the undersigned, being an examiner duly appointed by the

Court in that behalf of …………………………………………………………………………………………………………………

of …………………………………………………………………… and ……………………………………………………………….

(Name of witness) (Address of witness)

witness, examined before me under an order of the said Court dated ………………………. of …………………..

20 ……………… in the presence of the said …………………………………………………………….. Appellant (or of this professional representative) and the respondent at ……………………………………………………………………. on the …………………………. day of ……………………………………….., 20 ………………… which said Appellant

(or his professional representative) and Respondent had full opportunity of asking questions of the said witness, to whom the depositions following were read by me before being signed by them the said witness respectively.

The deposition of ……………………………………………………….. of ………………………………………………………..who (upon oath duly administered by me) said as follows—

Dated the ……………………………………….. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Examiner

CRIMINAL FORM 18

IN THE COURT OF APPEAL

Notice to Appellant of result of application

[Order 4, Rule 22.]

The State v ………………………………………………………………………………………………………………………………..

To the above-named Appellant.

This is to give you notice that the Court has considered the matter of your application for—

(a) leave to appeal to the said court;

(b) leave to extend the time within which you may give notice of appeal or application for leave to appeal;

(c) permission to be present during the proceedings in your appeal;

(d) admission to bail;

(e) leave to withdraw abandonment of appeal, and has finally determined the same and has this day given judgment to the effect following—

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar of the Court

CRIMINAL FORM 19

IN THE COURT OF APPEAL

Notice to Authorities of result of application

[Order 4, Rule 22.]

The State v ………………………………………………………………………………………………………………………………….

To the Director of Public Prosecutions of ………………………………………………………………………………………..

To ……………………………………………………………………………………………………………………………………………..

This is to give you notice that the above-mentioned having applied for—

(a) leave to appeal to the said court;

(b) leave to extend the time within which you may give notice of appeal or application for leave to appeal;

(c) permission to be present during the proceedings in your appeal;

(d) admission to bail;

(e) leave to withdraw abandonment of appeal, the court has this day finally determined his said application and has given judgment to the effect following—

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar of the Court

*Send copies addressed to:

(a) the Director of Public Prosecutions or other respondent;

(b) the Prison Authority and;

(c) the Registrar of the court below.

Here set out the decision of the Court.

CRIMINAL FORM 20

IN THE COURT OF APPEAL

Notification to Appellant of the result of his appeal

[Order 4, Rule 22.]

The State v ………………………………………………………………………………………………………………………………….

To the above-named Appellant.

This is to give you notice that the Court has considered the matter of your appeal and has finally determined the same and has this day given judgment to the effect following—

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar of the Court

CRIMINAL FORM 21

IN THE COURT OF APPEAL

Notice to Authorities of result of appeal

[Order 4, Rule 22.]

The State v ………………………………………………………………………………………………………………………………..

To the Director of Public Prosecutions of ………………………………………………………………………………………

To ……………………………………………………………………………………………………………………………………………

This is to give you notice that the above-named ……………………………………………………………………………..

having appealed against his conviction of the offence of ………………………………………………………………….

before the …………………………………………………………………………………………… Court, and/or the sentence of …………………………………………………………………………………………………………. passed upon him for the offence of ……………………………………………………………. the Court has finally determined the said appeal, and has this day given judgment therein to the effect following—

Dated this ………………………………………. day of …………………………………………………………. , 20 ……………

………………………………………………………..

Registrar of the Court

*Send copies addressed to:

(a) the Director-General to the appropriate Ministry (if a capital case);

(b) the appropriate Director of Public Prosecutions or other respondent;

(c) the Prison authority; and

(d) the Registrar of the Court below.

Here set out the decision of the Court.

CRIMINAL FORM 22

IN THE COURT OF APPEAL

Certificate of the Registrar that a copy of the record of appeal has been served

on the Appellant(s)

[Order 4, Rule 22.]

Appeal No. …………………………………………………………

Between ……………………………………………………………………………………………………………………………………

and

…………………………………………………………………………………………………………………………………………………

I do hereby certify that a copy of the record of the above appeal was on the ………………………………… day of ………………………………………………. 20 ………………………………… served upon the appellant/appellants by …………………………………………………………………………………………………………………………………………….

Dated at ……………………………………………. this ………………… day of …………………………… , 20 ……………

………………………………………………………..

Registrar

CAP. C

Constitution of the Federal Republic of Nigeria: Court of Appeal Rules

[Issue 1] C12 – 270

CRIMINAL FORM 23

IN THE COURT OF APPEAL

Certificate(s) of the Registrar of notification that the record has been compiled

[Order 4, Rule 27.]

Appeal No. …………………………………………………………..

I do hereby certify that on the …………… day of …………………………………………………………. , 20 ……………the respondent/respondents in this appeal was/were notified by ………………………………………………………..

that the record of appeal has been compiled.

Dated at ……………………………………………. this ………………… day of …………………………… , 20 ……………

………………………………………………………..

Registrar

THIRD SCHEDULE

Fees in Civil and Criminal Matters

[Order 1, Rule 5.]

A.—Appellate Jurisdiction

₦ k

On filing Notice of Appeal against a final judgment or decision ……………………………………… 500 00

On respondent’s Notice of intention to contend that decision of court below be varied or affirmed………………………………………………………………………………………………………………….. 500 00

On filing Notice of Appeal against an interlocutory order or decision ………………………………. 500 00

On filing Motion for leave to appeal ……………………………………………………………………………. 300 00

On filing Notice of Appeal where leave is granted ………………………………………………………… 500 00

On filing Motion of Extension of time—

If the time has not yet expired ………………………………………………………………………………… 250 00

If the time has already expired ………………………………………………………………………………… 300 00

On filing Motion not otherwise provided for ………………………………………………………………… 300 00

On filing Motion for stay of execution (if application is made by separate motion) ……………. 300 00

On filing Amendment or Additional Grounds of Appeal—

If filed at least three weeks before the date fixed for the commencement of the sitting

for which the appeal is set down ……………………………………………………………………………… 100 00

If filed later, but before the hearing of the appeal ………………………………………………………. 150 00

On filing of Brief by either the Appellant or the Respondent ………………………………………….. 200 00

On amending or adding to Grounds of Appeal by leave or direction of the Court at the hearing ……………………………………………………………………………………………………………………. 200 00

On filing Motion to restore appeal dismissed under Order 3, Rule 20 ………………………………. 500 00

On application for warrant to detain a ship …………………………………………………………………… 500 00

THIRD SCHEDULE—continued

On every certificate of the order of the Court of Appeal (made on the final determination of appeals under Order 5, Rule 7) ……………………………………………………………………………….. 100 00

B.—General

₦ k

1. For swearing an affidavit or making a declaration per deponent ………………………………. 30 00

For making any paper annexed to an affidavit or declaration …………………………………… 10 00

On filing an affidavit …………………………………………………………………………………………. 20 00

On filing a Security Bond …………………………………………………………………………………… 50 00

On filing any other document or exhibit ……………………………………………………………….. 10 00

On jurisdiction of sureties; for each surety ……………………………………………………………. 20 00

For the drawing up of any order or judgment ………………………………………………………… 50 00

For every subpoena …………………………………………………………………………………………… 20 00

On warrant for prisoner to give evidence ……………………………………………………………… 50 00

On inspection of any document or judgment …………………………………………………………. 50 00

For searching the archives: for each period of six months or part thereof ………………….. 50 00

For preparing a copy where authorised: per folio of 72 words …………………………………. 50 00

On loading a bill of costs for taxation, including taxation for the first twenty folios ……. 50 00

2. The fee for the service of any document or process shall be that charged for such service by the High Court having jurisdiction in the place where service is to be effected.
3. The allowances payable to witnesses shall be those payable to witnesses in the High Court having jurisdiction in the place where the evidence of such witnesses is taken.

FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES

ARRANGEMENT OF RULES

ORDER 1

Citation, application, etc.

RULE

1. Construction of reference to law, rules, etc.
2. Revocation of Civil Procedure Rules contained in the Schedule to 1999 No. 23.
3. Interpretation.
4. Citation and commencement.

ORDER 2

Form and commencement of action

1. Mode of beginning proceedings.
2. Proceedings which may be begun by writ.
3. Forms in Appendix 6.

ORDER 3

Effect of non-compliance

1. Effect of non-compliance.
2. Application to set aside for irregularity.

ORDER 4

Particulars of claim

1. Further particulars.
2. Effect of particulars.
3. Papers annexed: in what cases.
4. Amendment of particulars
5. Amendment at trial.

ORDER 5

Causes of action

1. All causes of action may be joined.
2. Counterclaim against plaintiff.
3. Court may order separate trials, etc.
4. Consolidation.

ORDER 6

Writ of summons

RULE

1. Writ of summons to be issued by the Registrar.
2. Contents of writ of summons.
3. Alteration of writ.
4. Several causes of actions in one suit.
5. Service of writ: whole Federation within Court’s jurisdiction.
6. Forms of writ.
7. Sealing of writs.
8. Statement of claim.
9. Endorsement as to capacity.
10. Endorsement as to legal practitioner and address.
11. Concurrent writs.
12. Writ for service out of jurisdiction.
13. “Issue”, when effected.
14. Duration and renewal.

ORDER 7

Originating summons

1. Application.
2. Forms for originating summons.
3. Contents of summons.
4. Endorsement as to capacity.
5. Endorsement as to legal practitioner and address.
6. Concurrent originating summons.
7. Summons for service out of jurisdiction.
8. “Issue”, when effected.
9. Validity and renewal of originating summons.
10. Ex parte originating summons.

ORDER 8

Petition: General provisions

1. Application.
2. Contents of petition.
3. Presentation of petition.
4. Fixing time for hearing, etc. of petition.
5. Certain applications not to be made by petition.

ORDER 9

Interlocutory applications

A – Motions generally

1. Time to apply.
2. Application by motion.
3. Affidavits.
4. Affidavit to be served with motion.
5. Hearing of motions.
6. Adjournment.
7. Motion to be on notice except in emergency.

B – Ex parte motions

8. Affidavit in support of ex parte motion.
9. Arguments on motion.
10. Orders on ex parte motions.
11. Court may vary or discharge order.
12. Duration of ex parte order.

C – Orders to show cause

13. Return day to be specified.
14. Counter-evidence.
15. Further service in certain cases.
16. Appearance or proof of service.
17. General powers as to orders.

D – Notice of motion

18. Notice of motion.
19. Service of notice.
20. Service on solicitor.
21. Copy of affidavit to be served with notice.
22. Order for service.
23. Service with writ of summons.

E –     Evidence in interlocutory proceedings

24. Oral evidence.
25. Evidence in addition to or in lieu of affidavits.
26. Notice to parties and interested parties.
27. Evidence: how taken.
28. Affidavit not filed with motion paper.

CAP. C12

Constitution of the Federal Republic of Nigeria: Federal High Court (Civil Procedure) Rules

C12 – 275 [Issue 1]

ORDER 10

Affidavits

RULE

1. Evidence on motion.
2. Title of affidavits.
3. Use of defective affidavits.
4. Special time for filling affidavits.
5. Affidavit in support of ex parte application.
6. Notice of intention to use affidavit in Chambers.
7. Use in Chambers of affidavits used in Court.
8. Alteration in accounts to be initialled.
9. Exhibits.
10. Certificate on exhibit.
11. Application of Evidence Act.
12. Affidavit taken in Commonwealth country admissible without proof of seal, etc.

ORDER 11

Place of instituting and of trial of suits

1. Place for trial of suits.
2. Division of Court in which suit may be commenced.
3. Suits commenced in wrong Division.
4. Transfer of proceedings.

ORDER 12

Parties

A – General

1. Persons claiming jointly, severally or in the alternative may be plaintiffs.
2. Action in name of wrong plaintiff.
3. All persons may be joined as defendants.
4. Counterclaim: misjoinder.
5. Non-joinder.

CAP. C12

Constitution of the Federal Republic of Nigeria: Federal High Court (Civil Procedure) Rules

[Issue 1] C12 – 276

RULE

6. Joint and several demand.
7. Suit or claims on behalf of others.
8. Where joint interest, parties may be authorised to sue or defend for others.
9. Partners.
10. Infants as parties.
11. Lunatics, etc.
12. Appearance by infant.
13. Next friend.
14. Trustees, executors, etc., may be sued as representing the estate.
15. Where defendant added.
16. Application to add or strike out party.
17. Third party notice.
18. Form and issue of notice.
19. Effect of notice.
20. Appearance.
21. Default by third party.
22. Procedure after default.
23. Third party directions.
24. Leave to defend.
25. At trial or after.

26      Person trading as firm.

27. Court may require security in respect of counterclaim.
28. Act may be done by legal practitioner or agent.

B –     Alteration of parties

29. Where change of interest, Court may make order enabling suit to proceed.
30. When suit does not abate.
31. When cause of action survives.
32. When cause of action accrues to survivors.
33. Death of sole or surviving plaintiff.
34. Dispute as to legal representative.
35. Death of one of several defendants or of a sole or surviving defendant.
36. Bankruptcy of plaintiff.
37. Legal practitioner of plaintiff to give notice of abatement.

C – Change of counsel of parties

38. Party may change legal representative.
39. Where legal representative ceases to act.
40. Address of party.

ORDER 13

Service of process

A – Service within jurisdiction

RULE

1. By whom service is to be effected.
2. Service of process: how effected.
3. When process need not be served.
4. Special bailiff.
5. Substituted service.
6. Service on employee of Government.
7. Service on partners.
8. Service on corporation or company.
9. Service on board ship.
10. Service on prisoners and lunatics.
11. Service on infants.
12. Service on local agent of principal who is out of jurisdiction.

B – Service out of jurisdiction

13. Service of writ out of jurisdiction.
14. Application to be supported by affidavit.
15. Order to fix time for appearance.
16. Service of notice.
17. Service of originating summons, etc.
18. Service abroad by letter of request.
19. Service out of the jurisdiction under the Civil Aviation Act.
20. Service of documents abroad.
21. Saving for other modes of service.
22. Air mail.
23. Service for foreign tribunals.
24. Substituted service.
25. Order thereon.

C –     General provisions

26. Where violence threatened.
27. Affidavit of service.
28. Expenses of service.
29. Service on Sunday or public holiday.
30. Recording of service.
31. Interpretation.

ORDER 14

Appearance

RULE

1. Mode of entry of appearance.
2. Defendant’s address for service.
3. Fictitious address.
4. Defendants appearing by same legal practitioner.
5. Time for appearance.

ORDER 15

Default of appearance

1. Claim for liquidated demand.
2. Liquidated demand, several defendants.
3. Limited defence.
4. Judgments for costs where satisfaction, etc., made.
5. Default of appearance in actions not specifically provided for.
6. Setting aside judgment.
7. Default of appearance to originating summons.
8. Default of appearance by infant or person of unsound mind.

ORDER 16

Arrest of absconding defendant

1. Defendant leaving jurisdiction or removing property.
2. Warrant to arrest.
3. Bail for appearance or satisfaction.
4. Deposit in lieu of bail.
5. Defendant may be committed to custody.
6. Cost of subsistence of persons arrested.

ORDER 17

Interim attachment of property

1. In what cases.
2. Application for attachment.
3. Form of Order.
4. Where defendant fails to show cause or give security.
5. Rights of third parties not to be affected.
6. Removal of attachment.
7. In what courts proceedings may be taken.

ORDER 18

Needless detention of chattels or ships and reparation for it

RULE

1. Damages for needless detention, etc.
2. Admiralty actions not ruled out.

ORDER 19

Accounts and inquiries

1. Summary order for account.
2. Court may direct taking of accounts, etc.
3. Directions as to manner of taking account.
4. Account to be made, verified, etc.
5. Erroneous account.
6. Delay in prosecution of accounts, etc.
7. Distribution of fund before all persons entitled are ascertained.

ORDER 20

Arbitration

A – Reference to arbitrator

1. Nomination of arbitrators and appointment.
2. Court may appoint arbitrator.
3. Form of order of reference.
4. Umpire where necessary.
5. Attendance of witnesses.
6. Extension of time for making award.
7. Power of Court in case of death, incapacity or refusal to act.
8. Finding.
9. Special case for opinion of the Court.
10. Court may modify or correct award.
11. Power as to costs.
12. Power of Court to remit award for reconsideration.
13. Setting aside award.
14. Filing award: effect of.

B – Arbitration proceedings

15. Applications under Arbitration and Conciliation Act.
16. Applications to be made within 21 days.

C – Enforcement of arbitration awards

17. Mode of enforcing awards.

D – Registration of foreign arbitration award

18. Awards made on proceedings in foreign territory.

ORDER 21

Reference to referees

RULE

1. Instructions to referee.
2. Interim inquiries or accounts.
3. General powers of the referee.
4. Evidence.
5. Referee’s authority in the inquiry.
6. Limitation in certain particulars.
7. Reports made in pursuance of reference.

ORDER 22

Receivers

1. Application for receiver and injunction.
2. Giving of security by receiver.
3. Remuneration of a receiver.
4. Receiver’s account.
5. Payment of balance, etc., by receiver.
6. Default by receiver.

ORDER 23

Computation of time

1. Computation of time.
2. No enlargement of time by consent of parties.
3. Court may extend time.
4. Notice of intention to proceed after a year’s delay.
5. Time for applications to set aside award.

ORDER 24

The undefended list

1. Undefended list: affidavit.
2. Copy of affidavit to be served.
3. Notice of intention to defend.
4. Judgment in undefended suit.
5. Oral evidence.

ORDER 25

Proceedings in lieu of demurrer

1. Demurrer abolished.
2. Points of law may be raised by pleadings.

CAP. C12

Constitution of the Federal Republic of Nigeria: Federal High Court (Civil Procedure) Rules

C12 – 281 [Issue 1]

RULE

3. Dismissal of action.
4. Striking out pleading where no reasonable cause of action disclosed.
5. Declaratory judgment.

ORDER 26

Pleadings

1. Service of statement of claim.
2. Service of defence.
3. Service of reply and defence to counterclaim.
4. Pleading to state material facts and not evidence.
5. Particulars to be given where necessary.
6. Matters which must be specifically pleaded.
7. Further and better statement or particulars.
8. Order for particulars not a stay.
9. Specific denial.
10. Denial by joinder of issue.
11. Pleadings to be consistent.
12. (1) Grounds of claim founded on separate facts to be separately stated.

(3)      The relief claimed to be stated.

13. Allegations shall not be made generally but specifically.
14. Denial of fact must answer point of substance.
15. Admissions.
16. Set-off or counterclaim to be pleaded.
17. Evidence in denial of allegation or in support of defence not set up in pleading.
18. Further pleadings.
19. Costs in certain cases.
20. Striking out pleadings.
21. Denial of contract.
22. Effect of documents to be stated.
23. Malice, knowledge, or other condition of mind.
24. Notice.
25. Implied contract or relation.
26. Presumptions of law.
27. Technical objection.
28. Stated or settled account.
29. Defence of tender.
30. Defence of set-off.
31. Judgment for balance.
32. Close of pleadings.

ORDER 27

Amendment

RULE

1. General power to amend.
2. Amendment of endorsements and pleadings.
3. Application for leave to amend.
4. Failure to amend after order.
5. Amendments: how made.
6. Date of order of amendment to be marked.
7. Clerical mistakes and accidental omissions.

ORDER 28

Default of pleadings

1. Default of plaintiff in filing statement of claim.
2. Claim for debt or liquidated demand.
3. Several defendants: one default.
4. Default of defence: claim for unliquidated damages.
5. Default of defence: claim in detinue.
6. Default of defence: fixed claims.
7. Default of defence: other claims.
8. Default of defence to counterclaim.
9. Setting aside judgment.
10. Interpretation.

ORDER 29

Interpleader

1. Entitlement to relief by way of interpleader.
2. Claim to goods, etc., taken in execution.
3. Mode of application.
4. Matters to be proved.
5. When application to be made by defendant.
6. Stay of action.
7. Order upon summons.
8. Failure of claimant to appear or neglect to obey summons.
9. Costs, etc.

ORDER 30

Withdrawal and discontinuance

1. Withdrawal of appearance.
2. Discontinuance of action without leave.
3. Discontinuance of action, etc., with leave.

RULE

4. Effect of discontinuance.
5. Stay of subsequent action until costs paid.
6. Withdrawal of summons.

ORDER 31

Admissions

1. Admission of case of other party.
2. Notice to admit.
3. Documentary evidence.
4. Judgment on admissions of facts.
5. Admission and production of documents specified in list of documents.

ORDER 32

Payment into and out of Court

1. Payment into Court.
2. How far admission of claim.
3. Acceptance of sum paid.
4. Non-acceptance of sum paid in.
5. Payment into Court with denial of liability.
6. Custody of money; payment into bank.
7. Payment by plaintiff.
8. No payment out without order.
9. Payment out: small intestate estate.

ORDER 33

Discovery and inspection of documents

1. Discovery by interrogatories.
2. Application for leave to deliver interrogatories.
3. Form of application.
4. Corporation or companies.
5. Affidavit in answer: filing.
6. Form of affidavit in answer.
7. Objections to answering interrogatories.
8. Order to answer or answer further.
9. Application for discovery of documents.
10. Discovery of documents in marine insurance policies.
11. Affidavit of documents.
12. Power to order list of documents in lieu of affidavit.
13. Production of documents.
14. Inspection of documents referred to in pleadings or affidavit.
15. Notice to produce.

RULE

16. Time for inspection when notice given under rule 14.
17. Order for inspection.
18. Verified copies.
19. Premature discovery.
20. Non-compliance with order for discovery.
21. Service on legal practitioner of order for discovery.
22. Liability of legal practitioner.
23. Using answer to interrogatories at trial.
24. Discovery against sheriff.
25. Order to apply to infants.
26. Power to revoke order made.

ORDER 34

Interlocutory injunction and interim preservation of property

1. Application for injunction.
2. Detention, preservation, etc., of subject matter of action.
3. Power to order samples to be taken.
4. Sale of perishable property, etc.
5. Order for early trial.
6. Recovery of personal property subject to lien, etc.
7. Directions.
8. Allowance of income of property pendente lite.

ORDER 35

Transfer and consolidation

1. Transfer of cause or matter.
2. Re-assignment of cause or matter.
3. Action by Chief Judge on transfer of cause.
4. Evidence of part-heard cause or matter.

ORDER 36

Settlement and trial of issues

A – Settlement of issues

1. At or before hearing.
2. Court may give directions.
3. When to be settled.
4. Notice to be given.
5. Court may amend or frame additional issues.

B – Trial of questions and issues

RULE

6. Time, etc. of trial of questions or issues.
7. Dismissal of action, etc. after decision of preliminary issue.
8. Provisions subject to other written laws.

ORDER 37

Assessor

1. Assessor sitting in Court.
2. Assessor not to write judgment.
3. Assessor to give advice only on his subject.
4. Judge not bound to accept his advice.
5. Assessor shall take oath of secrecy.

ORDER 38

Trial proceedings in general

A – Setting down for hearing

1. Time for setting down.
2. Application for setting down.
3. Defendant may apply for setting down.
4. Default in applying for setting down.
5. Case to be struck out.

B –     Attendance of parties at hearing

6. Attendance by proxy.
7. Default of appearance by defendant at trial.
8. Default of appearance by plaintiff.
9. Judgment by default may be set aside on terms.
10. Adjournment of trial.

C – Proceedings at the hearing

11. Judgment to be entered at or after trial.
12. Trial with assessors.
13. Order of proceedings.
14. Burden of proof: party to begin evidence.
15. Summing up.
16. Case of other party.
17. General reply.
18. Case closed.
19. Evidence in reply.
20. Address thereon.

RULE

21. Documentary evidence.
22. List of exhibits.
23. Rejected exhibits.
24. Custody of exhibit after trial.
25. Office copy of list of exhibits.
26. Where written pleadings not filed or parties are illiterate.
27. Disallowance of various questions.

ORDER 39

Proceedings in forma pauperis

1. Duration of provisions.
2. Who may sue or defend in forma pauperis.
3. Conditions to be fulfilled.
4. Fees and costs.
5. Assignment of legal practitioner.
6. Procedure to be followed.
7. Revocation of order, discontinuance, etc.
8. Payment to legal practitioner.
9. Duty of legal practitioner.
10. Appeals.

ORDER 40

Originating summons proceedings

1. Power to make declarations on summons.
2. Construction of enactment.
3. Service.
4. Evidence.
5. Discretion of Court.
6. Court may make the order prayed for.
7. Applications affecting party in default of appearance.
8. Counterclaim by defendant.

ORDER 41

Procedure relating to evidence

1. Witnesses to be examined orally.
2. Evidence by affidavits.
3. Particular facts.
4. Limitation of medical and expert evidence.
5. Limitation of plans, etc., in evidence.
6. Plan and expert evidence in accident actions.
7. Extension to all proceedings.
8. Office copies admissible in evidence.

RULE

9. Court or Judge in Chambers may order depositions to be taken.
10. Forms of orders for a commission.
11. Letters of request.
12. Examination of witnesses abroad.
13. Form of order of examination of witnesses abroad.
14. Order for attendance of person to produce.
15. Disobedience to order for attendance.
16. Expenses of persons ordered to attend.
17. Examiner to have copy of writ and pleadings.
18. Examination: how taken.
19. Depositions to be taken down in writing, etc.
20. Refusal of witnesses to attend or be sworn.
21. Objection by witness to question.
22. Costs occasioned by refusal or objection.
23. Depositions to be transmitted to Registry.
24. Special report by examiner.
25. Depositions not to be given in evidence without consent or by leave of Judge.
26. Oaths.
27. Attendance of witness under subpoena for examination or to produce.
28. Practice as to taking evidence at any stage of action.
29. Special directions as to taking evidence.
30. Notice to use affidavit or depositions at trial.
31. Evidence in proceedings subsequent to trial.
32. Form of praecipe for subpoena.
33. Form or writ of subpoena.
34. Subpoena for attendance of witness in Chambers.
35. Correction of errors in subpoena.
36. Service of subpoena.
37. Duration of subpoena.
38. Facilities for proving deeds, etc.
39. Obtaining evidence for foreign tribunal.
40. Banker’s book: Court may order inspection.

ORDER 42

Judgments and orders

1. Delivery of judgments in open court.
2. Notice when judgment reserved.
3. When parties deemed to have had notice.
4. Minutes of judgment: its effect.
5. Where set-off allowed.
6. Decree to be obeyed without demand.

RULE

7. Court may direct time for payment or performance and interest.
8. Payment by instalments.
9. Date of order: when drawn.
10. What orders need not be drawn up.
11. Filing of orders.

ORDER 43

Writ of execution: General

1. Definition.
2. When leave to issue any writ of execution is necessary.
3. Leave required for issue of writ in aid of other writ.
4. Application for leave to issue writ.
5. Application for leave to issue writ of sequestration.
6. Issue of writ of execution.
7. Duration and renewal of writ of execution.
8. Return of writ of execution.

ORDER 44

Garnishee proceedings

1. Attachment of debt due to judgment debtor.
2. Application for order.
3. Service and effect of order to show cause.
4. No appearance or dispute of liability by garnishee.
5. Dispute of liability of garnishee.
6. Claims of third persons.
7. Discharge of garnishee.

ORDER 45

Habeas corpus proceedings

1. Habeas corpus ad subjiciendum.
2. Application for leave.
3. Producing person detained in Court.
4. Service or order.
5. Return to the order for release.
6. Procedure at hearing.
7. Order to be clear.
8. Bringing up prisoner to give evidence, etc.
9. Form of writ.

ORDER 46

Committal for contempt of Court

RULE

1. Committal for contempt of Court.
2. Application to Court.
3. Saving for power to commit without application for the purpose.
4. Provisions as to hearing.
5. Contempt in face of court: saving for.
6. Power to suspend execution of committal order.
7. Discharge of person committed.
8. Saving for other powers.
9. Return.

ORDER 47

Application for judicial review

1. Cases appropriate for application for judicial review.
2. Joinder of claims for relief.
3. Grant of leave to apply for judicial review.
4. Delay in applying for relief.
5. Mode of applying for judicial review.
6. Statements and affidavits.
7. Claim for damages.
8. Application for discovery, interrogatories, cross-examination, etc.
9. Hearing of application for judicial review.
10. Saving for person acting in obedience to mandamus.
11. Consolidation of applications.

ORDER 48

Appeals and applications under the Trade Marks Act and Patents and Designs Act

A – General

1. Application of general procedure rules.
2. Notice of motion, etc.
3. Time within which appeal may be heard.
4. Amendment of notice of motion.
5. Power of Court of Appeal.
6. Reference by the Registrar.

B – Trade Marks

7. Procedure for action on infringement of registered trademark.

C – Patents and designs

8. Procedure for nullification of patent or design.
9. Restriction on evidence.
10. Procedure for action on infringement of patent or design.
11. Appointment of scientific adviser.
12. Interpretation under this Order.

ORDER 49

Appeals to the Court from decisions of professional bodies

1. Application.
2. Method of appeal.
3. Evidence.
4. Service.
5. Contents of notice, date of hearing.
6. Reasons for appeal to be filed.
7. Copy of affidavits to be served on the parties.

ORDER 50

Stay of execution pending appeal to the Court of Appeal

1. Stay of execution pending appeal.
2. Court may grant or refuse order for stay.
3. Formal order to be drawn up.

ORDER 51

Sitting of the Court and vacation

1. Days of sitting.
2. Public or private sitting of Court.
3. Office hours.
4. Days of sittings: long vacation.
5. Vacation Courts.
6. Vacation not reckoned in time for pleading.
7. Chambers.

ORDER 52

Costs

A – Security for costs

1. Security for costs by plaintiff or defendant.
2. Manner of giving security.

B – Costs between party and party

RULE

3. Costs in discretion of Court.
4. Powers of Court.
5. Costs out of funds or property.
6. Court to determine amount of costs.
7. Principles to be observed in fixing costs.
8. Stay of proceedings till costs paid.
9. Taxation of costs.
10. Discretion of taxing master.
11. Taxation.
12. Where more than one-sixth of amount of bill of costs deduced on taxation.

ORDER 53

Fees and allowances

1. Fees.
2. Regulations.

ORDER 54

Miscellaneous provisions

1. What orders to be made.
2. Other procedure rules in Appendix 1.
3. Recovery of penalties and costs.
4. Notices.
5. Filing.
6. Fees.
7. Days of opening Registry to the public.
8. Where no rules exist.
9. Part-heard matter.
10. Forms of writs of summons, etc.

APPENDIXES

FEDERAL HIGH COURT CIVIL PROCEDURE RULES

[S.I. 8 of 2000.]

under section 254

(1st May, 2000)

[Commencement.]

ORDER 1

Citation, application, etc.

1. Construction of reference to law, rules, etc.

(1)      Any reference in these Rules to anything done under these Rules includes a reference to the thing done before the commencement of these Rules under any corresponding law or Rules of Court ceasing to have effect on the commencement of these Rules.

(2)      Except where the context otherwise requires, any reference in these Rules to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

2. Revocation of Civil Procedure Rules contained in Schedule to 1999 No. 23

The Federal High Court (Civil Procedure) Rules 1999 contained in the Schedule to the Federal High Court (Civil Procedure Rules) Decree 1999 are hereby revoked.

3. Interpretation

(1)      In these Rules, unless the context otherwise requires—

“Act” means the Federal High Court Act;

“Attorney-General” means the Attorney-General of the Federation;

“Chief Judge” means the Chief Judge of the Federal High Court;

“Court” means the Federal High Court;

“legal practitioner” means a law officer, a state counsel or a legal practitioner entitled to practice before the Court;

“pleading” does not include a petition, summons or preliminary act;

“Registry” means the Registry of the Federal High Court in Lagos or other Divisions;

“return date” means the day endorsed on a writ for the first appearance of the parties before the Court or any other day the Court may appoint or direct and in the case of Order 23 of these Rules, where a writ is marked “Undefended List”, it means the day fixed for hearing.

Meaning of other words

(2)      Any word other than those defined in subsection (1) of this section shall have the same meaning as is assigned to it in the Federal High Court Act.

4. Citation and commencement

These Rules may be cited as the Federal High Court (Civil Procedure Rules) and shall come into force on 1 May 2000.

ORDER 2

Form and commencement of action

1. Mode of beginning civil proceedings

Subject to the provisions of any enactment, civil proceedings may be begun by writ, originating summons, originating motion or petition, or any other method required by other Rules of court governing any special subject matter as provided in those Rules.

2. Proceedings which may be begun by writ

(1)      Subject to the provisions of any enactment or of Rules by virtue of which any proceedings are expressly required to be begun otherwise than by writ, proceedings in which a claim—

(a)      is made by a plaintiff for any relief or remedy for civil wrong;

(b)      made by the plaintiff is based on an allegation of fraud;

(c)      is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a law or independently of any contract or any such provision) or where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property;

(d)      is made by the plaintiff in respect of the infringement of a patent, trade mark, copyright, intellectual or any other proprietary interest of whatever kind;

(e)      for a declaration is made by an interested person, shall be begun by writ.

Proceedings which may be begun by originating summons

(2)      Proceedings may be begun by originating summons where—

(a)      the sole or principal question at issue is, or is likely to be, one of the construction of a written law or of any instrument made under any written law, or of any deed, will, contract or other document or some other question of law; or

(b)      there is unlikely to be any substantial dispute of fact.

Proceedings which may be begun by motion or petition

(3)      Proceedings may be begun by originating motion or petition where by those Rules or under any written law the proceedings in question are required or authorised to be so begun, but not otherwise.

3. Forms in Appendix 6

The Forms in Appendix 6 to these Rules or Forms to the like effect, may be used in all matters, causes and proceedings to which they are applicable, with such variations as circumstances may require.

ORDER 3

Effect of non-compliance

1. Effect of non-compliance

(1)      Where in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure may be treated as an irregularity and if so treated, will not nullify the proceedings, or any document, judgment or order therein.

(2)      The court may on the ground that there has been such a failure as mentioned in subrule (1) of this Rule and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein, or it may exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.

2. Application to set aside for irregularity

(1)      An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein, shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step in the proceedings with leave of Court by any interlocutory application, but the application may be raised in the defence.

(2)      Any application under sub-rule (1) of this Rule may be made by summons or motion on notice, and the grounds of objection shall be stated in the summons or motion on notice.

ORDER 4

Particulars of claim

1. Further particulars

The Court may, on the application of the defendant, or on its own motion, order further or better particulars to be supplied by the plaintiff.

2. Effect of particulars

Subject to any amendment granted by the Court, the plaintiff shall not, at the hearing, obtain judgment for any sum exceeding that stated in the particulars, except for subsequent interests and the costs of suit, notwithstanding that the sum claimed in the writ for debt or damages exceeds the sum stated in the particulars.

3. Papers annexed: in what cases

(1)      Where a party seeks, in addition to without any order for the payment of money—

(a)      to obtain as against any person, any general or special declaration of his rights under contract or instrument; or

(b)      to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled; or

(c)      to restrain any defendant by injunction; or

(d)      to have an account taken between himself and any other party, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff or defendant may, in the writ of summons or in any pleading, refer to and briefly describe any documents on the contents of which he intends to rely, and annex copies of such documents to the writ or pleading, or may state any reason for not annexing copies which he may have to allege.

Inspection of papers annexed

(2)      The party shall allow the opposite party to inspect any such documents as are in his possession or power, otherwise those documents shall not be admitted.

(3)      Parties shall settle between themselves or before the Registrar or a Judge in Chambers in a Division of the Court where there is no legally qualified Registrar and where the settlement is before the Registrar, the Registrar shall pass the documents to a Judge in Chambers, but any document not before the Registrar or the Judge in Chambers shall not be admitted unless the Court thinks otherwise.

4. Amendment of particulars

(1)      Particulars of claim shall not be amended except by leave of the Court, and the Court may, on any application for leave to amend, grant the application if it appears to the Court that the defendant shall not be prejudiced by the amendment; otherwise the Court may refuse leave to grant the application.

(2)      Leave to amend shall be granted, where appropriate, on such terms as to notice, postponement of trial or costs, as justice may require.

5. Amendment at trial

Any variance between the items contained in the particulars, and the items proved at the hearing, may be amended at the hearing, either at once or on such terms as to notice, adjournment, or costs, as justice may require.

ORDER 5

Causes of action

1. All causes of action may be joined

(1)      Subject to Rule 3 of this Order, a plaintiff may in one action claim relief against the same defendant in respect of two or more causes of action—

(a)      if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity, in respect of all the causes of action; or

(b)      if the plaintiff claims, or the defendant is alleged to be liable, in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of the other or others; or

(c)      with leave of Court.

(2)      An application for leave under this Rule shall be made ex parte by motion before the writ or originating summons, as the case may be, is issued and the affidavit in support of the motion shall state the grounds of the application.

2. Counterclaim against plaintiff

(1)      Subject to sub-rule (2) of this Rule, a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counterclaim in respect of that matter; and where he does so he shall add the counterclaim to his defence.

(2)      Sub-rule (1) of this Rule shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were a plaintiff and the person against whom it is made, a defendant.

(3)      A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in his action, or that the action is stayed, discontinued or dismissed.

3. Court may order separate trials, etc.

(1)      If claims in respect of two or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if two or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of such causes of action or of parties, as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.

(2)      If it appears on the application of any party against whom a counterclaim is made, that the subject matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order it to be tried separately or make such other order as may be expedient.

4. Consolidation

(1)      Where two or more causes or matters are pending in the Court and it appears to the Court that—

(a)      some question of law or fact arises in both or all of them; or

(b)      the rights to relief claimed therein are in respect of or arise out of the same or similar transaction or series of transactions; or

(c)      the interest of justice of the trial so demands, the Court may order that the causes or matters be consolidated on such terms as it thinks just and the Court shall give such directions as may be necessary with respect to the hearing of the causes or matters so consolidated.

(2)      An order to consolidate may be made where two or more causes or matters are pending between—

(a)      the same plaintiffs and the same defendants; or

(b)      the same plaintiffs and different defendants; or

(c)      different plaintiffs and different defendants.

(3)      Application for consolidation may be made by summons or notice for directions in Chambers, or they may be made by motion in Court on notice.

ORDER 6

Writ of summons

1. Writ of summons to be issued by the Registrar

(1)      A writ of summons shall be issued by the Registrar, or other officer of the Court empowered to issue summons, on application.

Form 1

(2)      The application shall ordinarily be made in writing by the plaintiff’s solicitor by completing Form 1 in Appendix 6 to these Rules, but the Registrar or other officer empowered to do so may, where the applicant for a writ of summons is illiterate, or has no solicitor, dispense with a written application and instead himself record full particulars of an oral application made and on that record a writ of summons may be prepared, signed and issued.

2. Contents of writ of summons

The writ of summons shall—

(a)      contain the name and place of abode of the plaintiff and of the defendant so far as they can be ascertained; and

(b)      state briefly and clearly—

(i)       the subject matter of the claim, and the relief sought; and

(ii)      the date of the writ, and place (called the return-place) of hearing.

3. Alteration of writ

An alteration of a writ without the leave of the Court shall render the writ void.

4. Several causes of actions in one suit

A plaintiff may unite in the same suit several causes of action, but the Court may if it thinks that the causes of action, or some of them, cannot be conveniently tried together, order separate trials or make such other order as may be necessary or expedient for the separate disposal thereof, and may make such order as to adjournment and costs as justice requires.

5. Service of writ: whole Federation within Court’s jurisdiction

For the purposes of service of a writ of summons or for serving any other processes relating to an action in the Court, the whole Federation is within the jurisdiction of the Court.

6. Forms of writ, Forms 1, 2, 3 or 4

(1)      Every writ shall be in Form 1, 2, 3, or 4 in Appendix 6 to these Rules or forms to the like effect in all matters, causes and proceedings to which they are applicable, with such variations as circumstances may require.

Provision for framing additional forms

(2)      In proceedings for which forms are not provided or prescribed by these Rules or by any subsequent Rules or orders of Court, the Registrar may, subject to the approval of the Chief Judge, from time to time, frame the forms required.

7. Sealing of writs

The sealing of any writ or process shall not be necessary in addition to the signature of the Registrar or a Judge in Chambers, except in cases where sealing may be expressly directed by these Rules or any written law or Rule of Court, or by any prescribed form.

8. Statement of claim

Before a writ is issued it shall be accompanied—

(a)      by a statement of claim;

(b)      copies of documents mentioned in the statement of claim to be used in evidence;

(c)      where the claim made by the plaintiff is for a debt or a liquidated demand only, also by a statement of the amount claimed in respect of the debt or demand, and for costs.

9. Endorsement as to capacity

(1)      Before a writ is issued it shall be endorsed—

(a)      where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues;

(b)      where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.

Summons for service out of jurisdiction

(2)      Before a writ is issued in an action brought by a plaintiff who in bringing it, is acting by order or on behalf of a person resident outside the jurisdiction, it shall be endorsed with a statement of that fact and with the address of the person so resident.

10. Endorsement as to legal practitioner and address

(1)      Where a plaintiff sues by a legal practitioner, the writ shall be endorsed with the plaintiff’s address and the legal practitioner’s name or firm and a business address of his within the jurisdiction and also, if the legal practitioner is the agent of another, the name or firm and business address of his principal.

(2)      Where the plaintiff sues in person, the writ shall be endorsed with—

(a)      the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent;

(b)      his occupation; and

(c)      an address for service.

11. Concurrent writs

(1)      One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.

(2)      Without prejudice to the generality of the provisions of sub-rule (1) of this Rule, a writ for service within the jurisdiction may be issued as a concurrent writ with one which, or notice of which, is to be served out of the jurisdiction; and a writ which or notice of which, is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction.

(3)      A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued.

12. Writ for service out of jurisdiction

(1)      No writ which, or notice of which, is to be served out of the jurisdiction shall be issued without leave of the Court.

(2)      If any claim made by a writ is one which by virtue of an enactment the Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provisions shall not apply to the writ.

13. “Issue”, when effected

Issue of a writ takes place upon its being signed by a Judge in Chambers.

14. Duration and renewal

(1)      For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for twelve months beginning with the date of its issue, and a concurrent writ is valid in the first instance for the period of the original writ which is unexpired at the date of issue of the concurrent writ.

(2)      Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow.

(3)      Before a writ, the validity of which has been extended under this Rule, is served, it shall be marked with an official stamp showing the period for which the validity of the writ has been so extended.

(4)      Where the validity of a writ is extended by order made under this Rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served, so as to extend the validity of that other writ until the expiration of the period specified in the order.

ORDER 7

Originating summons

1. Application

The provisions of this Order shall apply to all originating summonses subject to any special provisions relating to originating summonses under any enactment or law.

2. Forms for originating summons

(1)      Every originating summons shall be in Form 53, 54, 55, 56 or 57 in Appendix 6 to these Rules, whichever is appropriate.

[Form 53, 54, 55, 56 or 57.]

(2)      The party taking out an originating summons (other than an ex parte summons) shall be described as plaintiff and the party against whom it is taken out shall be described as defendant.

3. Contents of summons

Every originating summons shall include a statement of the questions on which the plaintiff seeks the determination or direction of the Court or, as the case may be, a concise statement of the relief or remedy claimed in the proceeding begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy.

4. Endorsement as to capacity

(1)      Before an originating summons is issued it shall be endorsed—

(a)      where a plaintiff sues in a representative capacity, with a statement of the capacity in which he sues;

(b)      where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.

(2)      Before an originating summons is issued in an action brought by a plaintiff who, in bringing it is acting by order or on behalf a person resident outside the jurisdiction, it shall be endorsed with a statement of that fact and with the address of the person so resident.

5. Endorsement as to legal practitioner and address

(1)      Where a plaintiff sues by a legal practitioner, the originating summons shall be endorsed with the plaintiff’s address and the legal practitioner’s name or firm and a business address of his within the jurisdiction and also, if the legal practitioner is the agent of another, the name or firm and business address of his principal.

(2)      Where the plaintiff sues in person, the originating summons shall be endorsed with—

(a)      the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent;

(b)      his occupation; and

(c)      an address for service.

6. Concurrent originating summons

An originating summons for service within the jurisdiction may be issued and marked as a concurrent originating summons with one for service out of the jurisdiction; and an originating summons for service out of jurisdiction may be issued and marked as a concurrent originating summons with one for service within the jurisdiction.

7. Summons for service out of jurisdiction

(1)      No originating summons which, or notice of which, is to be served out of the jurisdiction shall be issued without leave of the Court.

(2)      If any claim made by an originating summons is one which by virtue of an enactment the Court has power to hear and determine, notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the provisions of this Rule shall not apply to the summons.

8. “Issue”, when effected

An originating summons is issued upon its being signed by a Judge in Chambers.

9. Validity and renewal of originating summons

(1)      For the purpose of service, an originating summons (other than a concurrent one) shall be valid in the first instance for twelve months beginning with the date of its issue and a concurrent originating summons shall be valid in the first instance for the period of validity of the original summons which is unexpired at the date of issue of the concurrent summons.

(2)      Where an originating summons has not been served on a defendant, the Court may by order extend the validity of the summons from time to time for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow.

(3)      Before an originating summons, the validity of which has been extended under this provision is served, it shall be marked with an official stamp showing the period for which the validity of the summons has been so extended.

(4)      Where the validity of an originating summons is extended by order made under this Rule, the order shall operate in relation to any other summons (whether original or concurrent) issued in the same action which has not been served, so as to extend the validity of that other summons until the expiration of the period specified in the order.

10. Ex parte originating summonses

Rules 2 (1) and 3 of this Order shall, so far as applicable, apply to an ex parte originating summons; but, save as foresaid, the foregoing provisions of this Order shall not apply to ex parte originating summonses.

ORDER 8

Petition: General provisions

1. Application

This Order shall apply to petitions by which civil proceedings in the Court are begun, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by or under any decree or other enactment.

2. Contents of petition

(1)      Every petition shall include a concise statement of the nature of the claim made or relief or remedy required in the proceedings begun thereby.

(2)      Every petition shall include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect.

(3)      Where a person brings a petition by a legal practitioner, the petition shall be endorsed with that person’s address and the legal practitioner’s name or firm and a business address of his within the jurisdiction and also, if the legal practitioner is the agent of another, the name or firm and business address of his principal.

(4)      Where a person brings a petition in person, the petition shall be endorsed with—

(a)      the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent;

(b)      his occupation; and

(c)      an address for service.

3. Presentation of petition

A petition shall be presented in the Court Registry.

4. Fixing time for hearing, etc., of petition

(1)      A day and time for the hearing of a petition which is required to be heard shall be fixed by the Judge.

(2)      Unless the Court otherwise directs, a petition which is required to be served on any person shall be served on him not less than seven days before the day fixed for the hearing of the petition.

5. Certain applications not to be made by petition

No application in any pending cause or matter may be made by petition.

ORDER 9

Interlocutory applications

A – Motions generally

1. Time to apply

Subject to these Rules, interlocutory applications may be made at any stage of an action.

2. Application by motion

(1)      Where by these Rules an application is authorised to be made to the Court or to a Judge in Chambers, such application may be made by motion.

Motion list

(2)      The Registrar shall make up, for each day on which there are any motions to be heard, a motion list, on which he shall enter the names of each cause in which a motion is made, the party moving, and the terms of the order sought by him.

3. Affidavits

Every motion shall be supported by an affidavit setting out the grounds on which the party moving intends to rely, and no affidavit shall be used at the hearing unless it is duly filed.

4. Affidavit to be served with motion

Where service of a motion is required by these Rules or directed by the Court or Judge, the motion shall be served together with all affidavits on which the party moving intends to rely.

5. Hearing of motions

A motion may be heard at any time while the Court is sitting.

6. Adjournment

The hearing of any motion may from time to time be adjourned upon such terms as the Court may deem fit.

7. Motion to be on notice except in emergency

(1)      No motion shall be made without previous notice to the parties affected thereby.

(2)      Notwithstanding sub-rule (1) of this Rule, the Court may, if satisfied that to delay the motion till after notice is given to the parties affected would entail irreparable damage or serious mischief to the party moving, make an order ex parte upon such terms as to costs or otherwise and subject to Rule 12 of this Order and such undertakings, if any, as the justice of the case demands.

B – Ex parte motions

8. Affidavit in support of ex parte motion

A motion ex parte shall be supported by affidavit which, in addition to the requirements of Rule 3 of this Order, shall state sufficient grounds why delay in granting the order sought would entail irreparable damage or serious mischief to the party moving.

9. Arguments on motion

Any party moving the Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence, and no party to the suit or proceedings, although present, other than the party moving, shall be entitled to be then heard.

10. Orders on ex parte motions

Where a motion is made ex parte, the Court may make or refuse to make the order sought, or may grant an order to show cause why the order sought should not be made, or may direct the motion to be made on notice to the parties to be affected thereby.

11. Court may vary or discharge order

Where an order is made on a motion ex parte, any party affected by it may, within seven days after service of it, or within such further time as the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court may, on notice to the party obtaining the order, either refuse to vary or discharge it, or may vary or discharge it with or without imposing terms as to costs or security, or otherwise, as seems just.

12. Duration of ex parte order

(1)      No order made on a motion ex parte shall last for more than fourteen days after the party affected by the order has applied for the order to be varied or discharged or last for another fourteen days after application to vary or discharge it had been concluded.

(2)      If a motion to vary or discharge an ex parte order is not taken within fourteen days of its being filed, the ex parte order shall automatically lapse.

C – Orders to show cause

13. Return day to be specified

An order to show cause shall specify a day when cause is to be shown, to be called the return day to the order, which shall ordinarily be not less than three days after service.

14. Counter-evidence

A person served with an order to show cause may, before the return day, produce evidence to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies to induce the Court to discharge or vary such order.

15. Further service in certain cases

On the return day, if the person served does not appear and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time and direct further service or make such other order as seems just.

16. Appearance or proof of service

If the person served appears, or the Court is satisfied that service has been duly effected, the Court may proceed with the matter.

17. General powers as to orders

The Court may either discharge the order or make the same absolute, or adjourn the consideration thereof, or permit further evidence to be produced in support of or against the order, and may modify the terms of the order so as to meet the merits of the case.

D – Notice of motion

18. Notice of motion

Unless the Court gives special leave to the contrary, there shall be at least two clear days between the service of a motion and the day named in the notice for hearing the motion.

19. Service of notice

Notice of motion may, with leave of the Court, be served by any person, notwithstanding that such person is not an officer of the Court.

20. Service on solicitor

Where a party acts by a solicitor, service of notice of motion on the solicitor shall be deemed good service on that party.

21. Copy of affidavit to be served with notice

There shall be served along with the notice of motion a copy of any affidavit on which the party moving intends to rely at the hearing of the motion.

22. Order for service

If, at the hearing of any motion, the Court is of opinion that any person, to whom notice has not been given, ought to have or to have had such notice, the Court may either dismiss the motion, or adjourn the hearing thereof in order that the notice may be given, upon such terms as to the Court may be deemed fit.

23. Service with writ of summons

The plaintiff may, by leave of the Court, cause any notice of motion to be served upon any defendant with the writ of summons.

E – Evidence in interlocutory proceedings

24. Oral evidence

Oral evidence shall not be heard in support of any motion unless by leave of the Court.

25. Evidence in addition to or in lieu of affidavits

The Court may, in addition to or in lieu of affidavits if it thinks it expedient, examine any witness viva voce, or receive documents in evidence, and may summon any person to attend to produce documents before it, or to be examined or cross-examined before it in like manner as at the hearing of a suit.

26. Notice to parties and interested parties

Such notice as the Court in each case, according to the circumstances, considers reasonable, shall be given to the persons summoned and to such persons (parties to the cause or matter or otherwise interested) as the Court considers are entitled to inspect the documents to be produced, or to examine the person summoned, or to be present at his examination, as the case may be.

27. Evidence: how taken

The evidence of a witness on any such examination shall be taken in like manner as nearly as may be as at the hearing of a suit.

28. Affidavit not filed with motion paper

Upon the hearing of any motion the Court may, on such terms as to costs and adjournment as it may deem fit, allow any additional affidavit to be used, after the affidavit has been duly filed and served on the opposite side.

ORDER 10

Affidavits

1. Evidence on motion

Upon any motion, petition or summons, evidence may be given by an affidavit, but the Court or a Judge in Chambers may, on the application of either party, order the attendance for cross-examination of the person making the affidavit, and where, after such an order has been made, the person in question does not attend, his affidavit shall not be used as evidence unless by special leave of the Court or a Judge in Chambers.

2. Title of affidavits

Every affidavit shall be titled in the cause or matter in which it is sworn, but in every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff and first defendant respectively, and indicate that there are other plaintiffs or defendants, as the case may be.

3. Use of defective affidavits

The Court or a Judge in Chambers may receive any affidavit sworn to for the purpose of being used in any cause or matter notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

4. Special time for filing affidavits

Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Court or a Judge in Chambers.

5. Affidavit in support of ex parte application

Except by leave of the Court or a Judge in Chambers, no order made ex parte in Court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied for and produced or filed at the time of making the motion.

6. Notice of intention to use affidavit in Chambers

A party intending to use any affidavit in support of an application made by him in chambers shall give notice to the other parties concerned in that behalf.

7. Uses in Chambers of affidavits used in Court

All affidavits which have been previously made and read in Court upon any proceeding in a cause or matter may be used before the Judge in Chambers.

8. Alterations in accounts to be initialed

Every alteration on an account verified by affidavit to be left at Chambers shall be marked with the initials of the commissioner before whom the affidavit is sworn, and the alterations shall not be made by erasure.

9. Exhibits

Accounts, extracts from registers, particulars of creditors, debts, and other documents referred to by affidavit, shall not be annexed to the affidavit or referred to in the affidavit as annexed but shall be referred to as exhibits.

10. Certificate on exhibit

Every certificate on an exhibit referred to in an affidavit signed by the commissioner before whom the affidavit is sworn shall be marked with the short title of the cause or matter.

11. Application of Evidence Act

Sections 77 to 89 of the Evidence Act which set out provisions governing affidavits, shall apply as if they were part of these Rules.

12. Affidavit taken in Commonwealth country admissible without proof of seal, etc.

A document purporting to have affixed or impressed thereon or subscribed thereto the seal or signature of a Court, Judge, Notary Public or person having authority to administer oath in any part of the Commonwealth outside Nigeria in testimony of an affidavit being taken before it or him in that part shall be admitted in evidence without proof of the seal or signature of that Court, Judge, Notary Public or person.

ORDER 11

Place of instituting and of trial of suits

1. Place for trial of suits

(1)      Subject to the provisions of any law with respect to transfer of suits or to specific subject matters, the place for the trial of any suit or matter shall be as provided in this Order.

Suits relating to taxation

(2)      All suits or actions relating to taxation of companies and of other bodies established or carrying on business in Nigeria and of all other persons subject to Federal taxation, shall be commenced and determined in the Judicial Division of the Court in which the headquarters or the principal office of the company or body is situate and in the case of a person subject to Federal taxation, where the person resides or carries on substantial part of his business.

Suits for penalties

(3)      All actions for recovery of revenue, penalties and forfeitures, and also all actions against public officers, shall be commenced and tried in the Judicial Division of the Court in which the cause of action arose.

Suits upon contract

(4)      All suits for specific performance, or upon the breach of any contract, shall be commenced and determined in the Judicial Division of the Court in which the contract is supposed to have been performed or in which the defendant resides or carries on substantial part of his business.

Suits relating to customs, admiralty

(5)      All suits and actions under the Customs and Excise Tariff, etc. (Consolidated) Act or under the Admiralty Jurisdiction Act shall be commenced and determined in the jurisdiction of the Division of the Court in which the breach of the law or contract took place or in which the port or boarder where the breach took place, is situate.

Suits relating to foreign trade

(6)      All suits and actions in respect of diplomatic, consular or foreign trade representation shall be commenced and determined in the Division of the Court in which the diplomatic, consular or foreign trade is carried out.

Suits relating to passports, etc.

(7)      All suits and actions in respect of citizenship, naturalisation and aliens, repatriation of persons who are not citizens of Nigeria, passports and visas shall be commenced and determined in the Division of the Court in which the person resides.

Suits relating to copyright, etc.

(8)      All suits and actions relating to copyright, patents, designs, trade marks and merchandise marks shall be commenced and determined in the Division in which the defendant resides.

Other suits

(9)      All other suits shall be commenced and determined in the Judicial Division in which the defendant resides or carries on substantial part of his business or in which the cause of action arose.

2. Division of Court in which suit may commence

If there are more defendants than one resident in different Judicial Divisions, the suit may be commenced in any one of those Judicial Divisions, subject, however, to any order which the Court may, upon the application of any of the parties, or on its own motion, think fit to make with a view to the most convenient arrangement for the trial of the suit.

3. Suits commenced in wrong Division

Where a suit is commenced in any other Judicial Division of the Court than that in which it ought to have been commenced, it may, notwithstanding, be tried in the Judicial Division in which it has been commenced, unless the Court otherwise directs or the defendant pleads specially in objection to the jurisdiction before or at the time when he is required to state his answer or to plead in the cause.

4. Transfer of proceedings

No proceedings which have been taken before the plea in objection shall be in any way affected thereby, but the Judge shall order the cause be transferred to the Judicial Division to which it is proved to his satisfaction to belong, or, failing such proof, order that it be retained and proceed in the Court in which it has been commenced, and the order shall not be subject to appeal.

ORDER 12

Parties

A – General

1. Persons claiming jointly, severally or in the alternative may be plaintiffs

(1)      All persons may be joined in one action as plaintiffs in whom any right to relief (in respect of or arising out of the same transaction or in a series of transactions) is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment.

(2)      If, upon the application of a defendant, it appears that the joinder may embarrass any of the parties or delay the trial of the action, the Court or a Judge in Chambers may order separate trials, or make such other order as may be expedient in the circumstances.

2. Action in name of wrong plaintiff

Where an action is commenced in the name of the wrong person, whether juristic or nonjuristic as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court or a Judge in Chambers, may, if satisfied that it was commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person, whether juristic or non-juristic, to be substituted or added as plaintiff upon such terms as may be just.

3. All persons may be joined as defendants

All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities without any amendment.

4. Counterclaim: misjoinder

Where in an action a person, whether juristic or non-juristic, has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counterclaim or set-off, the defendant may obtain the benefit thereof by establishing his set-off or counterclaim as against the parties other than the co-plaintiff so joined, notwithstanding the misjoinder of the plaintiff or any proceeding consequent thereon.

5. Non-joinder

(1)      If it appears to the Court, at or before the hearing of a suit, that all the persons who may be entitled to or who claim some share or interest in the subject matter of the suit, or who may be likely to be affected by the result, have not been made parties, the Court may adjourn the hearing of the suit to a future day, to be fixed by the Court, and direct that such persons shall be made either plaintiffs or defendants in the suit, as the case may be.

(2)      Where the Court directs persons to be made plaintiffs or defendants as in sub-rule (1) of this Rule, the Court shall issue a notice to such persons which shall be served in the manner provided by these Rules for the service of a writ of summons or in such other manner as the Court thinks fit to direct; and on proof of the due service of such notice, the person so served, whether he appears or not, shall be bound by all proceedings in the cause, but a person so served, and failing to appear within the time limited by the notice for his appearance, may at any time before judgment in the suit, apply to the Court for leave to appear, and such leave may be given upon such terms (if any) as the Court thinks fit.

Misjoinder of parties

(3)      The Court may, at any stage of the proceeding and on such terms as appear to the Court to be just, order that the name or names of any party or parties whether as plaintiffs or defendants, improperly joined, be struck out.

6. Joint and several demand

Where a person has a joint and several demand against more persons than one, either as principals or sureties, it is not necessary for him to bring before the court as parties to a suit concerning that demand all the persons liable or more of the persons serially or jointly and severally liable.

7. Suit or claims on behalf of others

(1)      If the plaintiff sues, or any defendant counterclaims in any representative capacity, it shall be so expressed on thewrit.

(2)      The Court may order any of the persons represented to be made parties either in lieu of, or in addition to the previously existing parties.

8. Where joint interest, parties may be authorised to sue or defend for others

Where more persons than one have the same interest in one suit, one or more of them may, with the approval of the Court, be authorised by the other persons interested to sue or to defend the suit for the benefit of or on behalf of all parties so interested.

9. Partners

Any two or more persons claiming or alleged to be liable as partners may sue or be sued in the name of the firm in which they were partners when the cause of action arose and any party to an action may in such case apply to the Court for a statement of the names and addresses of the persons who were, when the cause of action arose, partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct.

10. Infants as parties

Infants may sue as plaintiffs by their next friend and may defend by guardians appointed for that purpose.

11. Lunatics, etc.

Lunatics and persons of unsound mind may respectively sue as plaintiffs by their committees or next friend, and may in like manner defend any action by their committees or guardians appointed for that purpose.

12. Appearance by infant

(1)      An infant shall not enter an appearance except by his guardian ad litem.

(2)      No order for the appointment of a guardian shall be necessary if the legal practitioner applying to enter such appearance makes and files an affidavit in Form 14 in Appendix 6 to these Rules with such variations as circumstances may require.

(3)      This provision shall also apply in cases where an infant is served with a petition or notice of motion, or a summons, in any matter.

13. Next friend

Before the name of a person is used in any action as next friend of an infant or other party, or as relator, that person shall sign a written authority for that purpose, and the authority shall be filed in the Registry.

14. Trustees, executors, etc., may be sued as representing the estate

(1)      Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons but the Court or a Judge in Chambers may at any stage of the proceedings, order any such persons to be made parties either in addition to or in lieu of the previously existing parties.

(2)      Sub-rule (1) of this Rule shall also apply to trustees, executors and administrators sued in proceedings to enforce a security by foreclosure or otherwise.

15. Where defendant added

Where a defendant is added or substituted, the writ of summons shall be amended accordingly and the plaintiff shall, unless otherwise ordered by the Court or a Judge in Chambers, file an amended writ and cause the new defendant to be served in the same manner as the original defendants were served and the proceedings shall be continued as if the new defendant had originally been made a defendant.

16. Application to add or strike out party

An application to add or strike out or substitute a plaintiff or defendant may be made to the Court or Judge in Chambers at any time before trial by motion or summons or in a summary manner at the trial of the action.

17. Third party notice

(1)      Where in any action a defendant claims as against any person not already a party to the action (in this section called “the third party”) that—

(a)      he is entitled to contribution or indemnity; or

(b)      he is entitled to any relief or remedy relating to, or connected with the original subject matter of the action and substantially the same as one relief or remedy claimed by the plaintiff; or

(c)      any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but also as between the plaintiff and the defendant and the third party or between any or either of them, the Court or a Judge in Chambers may give leave to the defendant to issue and serve a third party notice.

How leave obtained

(2)      The Court or a Judge in Chambers may give leave to issue and serve a third party notice on ex parte application supported by affidavit, or, where the Court or Judge in Chambers directs a summons to the plaintiff to be issued, upon the hearing of the summons but that leave shall not be granted in cases where action was begun and an order for pleading made before the date of the commencement of this Rule.

18. Form and issue of notice

(1)      The notice shall—

(a)      state the nature and grounds of the claim or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed;

(b)      be in accordance with Form 23 or Form 24 in Appendix 6 to these Rules with such variations as circumstances may require; and

(c)      be sealed and served on the third party in the same manner as a writ of summons is sealed and served.

(2)      The notice shall, unless otherwise ordered by the Court or by a Judge in Chambers, be served within the time limited for delivering the defence, or, where the notice is served by a defendant to a counterclaim, the reply and with it also shall be served a copy of the writ of summons or originating summons and of any pleadings filed in the action.

19. Effect of notice

The third party shall, as from the time of the service upon him of the notice, be a party to the action with the same rights in respect of his defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant.

20. Appearance

The third party may enter an appearance in the action within eight days from service or within such further time as may be directed by the Court or Judge in Chambers as specified in the notice (where the third party is served in Nigeria outside the jurisdiction of the Court, the period for entering appearance shall be at least thirty days) but a third party failing to appear within that time may apply to the Court or Judge in Chambers for leave to appear, and the leave may be given upon such terms, if any, as the Court or Judge in Chambers thinks fit.

21. Default by third party

If a third party duly served with a third party notice does not enter an appearance or makes default in filing any pleading which he has been ordered to file, he shall be deemed to admit any claim stated in the third party notice and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein or any question specified in the action, and when contribution or indemnity or other relief for remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of the contribution or indemnity or other relief or remedy.

22. Procedure after default

(1)      Where a third party makes default in entering an appearance or filing any pleading which he had been ordered to file and the defendant giving the notice suffers judgment by default, the defendant shall be entitled at any time, after satisfaction of the judgment against himself, or before the satisfaction by leave of the Court or a Judge in Chambers—

(a)      to enter judgment against the third party to the extent of any contribution or indemnity claimed in the third party notice, or by leave of the Court or a Judge in Chambers;

(b)      to enter such judgment in respect of any other relief or remedy claimed as the Court or a Judge in Chambers shall direct.

(2)      It shall be lawful for the Court or a Judge in Chambers to set aside or vary the judgment against the third party upon such terms as may seem just.

23. Third party directions

(1)      If the third party enters an appearance, the defendant giving notice may, after notice of the intended application has been served upon the plaintiff, the third party, and on any other defendant, apply to the Court or a Judge in Chambers for directions, and the Court or Judge in Chambers may—

(a)      where the liability of the third party to the defendant giving the notice is established on the hearing of the application, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant giving the notice; or

(b)      if satisfied that there is a question or issue properly to be tried as between the plaintiff and the defendant and the third party or between any or either of them as to the liability of the defendant to the plaintiff or as to the liability of the third party to make any contribution or indemnity claimed, in whole or in part, or as to any other relief or remedy claimed in the notice by the defendant or that a question or issue stated in the notice should be determined not only as between the plaintiff and the defendant but as between the plaintiff, the defendant and the third party or any or either of them, order that question or issue to be tried in such manner as the Court or Judge in Chambers may direct; or

(c)      dismiss the application.

(2)      Any directions given pursuant to this Rule may be given either before or after any judgment has been entered in favour of the plaintiff against the defendant in the action, and may be varied from time to time and may be rescinded.

(3)      The third party proceedings may at any time be set aside by the Court or a Judge in Chambers.

24. Leave to defend

The Court or a Judge in Chambers upon the hearing of the application for directions may, if it appears desirable to do so, give the third party liberty to defend the action either alone or jointly with the original defendant upon such terms as may be just, or to appear at the trial and take such part therein as may be just, and generally may order such proceedings to be taken, pleading or documents to be filed, or amendments to be made, and give such directions as to the Court or Judge in Chambers may appear proper for having the question and the rights and the liabilities of the parties most conveniently determined and enforced, and as to the mode and extent in or to which the third party shall be bound or made liable by the decision or judgment in the action.

25. At trial or after

(1)      Where the action is tried, the Judge who tries the action may, at or after the trial, enter such judgment as the nature of the case may require for or against the defendant giving the notice or against or for the third party, and may grant to the defendant or to the third party, any relief or remedy which might properly have been granted if the third party had been made a defendant to an action duly instituted against him by the defendant but execution shall not be issued without leave of the Court or of a Judge in Chambers until after satisfaction by the defendant of the judgment against him.

When no trial

(2)      Where the action is decided otherwise than by trial, the Court or a Judge in Chambers may, on application by motion or summons, make such order as the nature of the case may require, and, where the plaintiff has recovered judgment, may cause such judgment as may be just to be entered for or against the defendant giving notice or against or for the third party.

26. Person trading as firm

Any person carrying on business within the jurisdiction in a name or style other than his own name may be sued in that name or style as if it were a firm name and, so far as the nature of the case will permit, all provisions relating to proceedings against firms shall apply.

27. Court may require security in respect of counterclaim

If it appears on oath or affidavit to the satisfaction of the Court that the defendant has a bona fide counterclaim against the plaintiff which can be conveniently tried by the Court, it shall be lawful for the Court in its discretion to stay proceedings in the suit instituted by the plaintiff until he provides such security to comply with the orders and judgment of the Court with respect to such counterclaim as the Court thinks fit.

28. Act may be done by legal practitioner or agent

Where by these Rules an act may be done by any party in an action that act may be done either by the party in person, or by his legal practitioner, or by his agent (unless an agent is expressly debarred under these Rules or any written law in force in any part of Nigeria).

B – Alteration of parties

29. Where change of interest, Court may make order enabling suit to proceed

(1)      Where, after the institution of a suit, a change or transmission of interest or liability occurs in relation to any party to the suit, or any party to the suit dies or becomes incapable of carrying on the suit, or the suit in any other way becomes defective or incapable of being carried on, any person interested may obtain from the Court an order requisite for curing the defect, or enabling or compelling proper parties to carry on the proceedings.

(2)      A person served with an order made pursuant to sub-rule (1) of this Rule may, within such time as the Court in the order directs, apply to the Court to discharge or vary the order.

30. When suit does not abate

The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives.

31. When cause of action survives

If there are two or more plaintiffs or defendants, and one of them dies, and if the cause of action survives the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and against the surviving defendant or defendants.

32. When cause of action accrues to survivors

(1)      If there are two or more plaintiffs and one of them dies, and if the cause of action does not survive to the surviving plaintiff or plaintiffs alone, but survives to them and the legal representative of the deceased plaintiff jointly, the Court may, on the application of the legal representative of the deceased plaintiff, enter the name of the legal representative in the suit in the place of the deceased plaintiff, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs and the legal representative of the deceased plaintiff.

(2)      If no application is made to the Court by any person claiming to be the legal representative of the deceased plaintiff, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs and the legal representative of the deceased plaintiff shall, after notice to appear, be interested in, and shall be bound by the judgment given in the suit, in the manner as if the suit had proceeded at his instance conjointly with the surviving plaintiff or plaintiffs, unless the Court otherwise directs.

33. Death of sole or surviving plaintiff

(1)      In case of the death of a sole plaintiff, or sole surviving plaintiff, the Court may, on the application of the legal representative of the deceased sole plaintiff, enter the name of the legal representative in the place of the plaintiff in the suit, and the suit shall thereupon proceed.

(2)      If no such application is made to the Court within what it may consider a reasonable time by any person claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff, it shall be competent for the Court to make an order that the suit shall abate, and award to the defendant the reasonable costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased sole plaintiff or surviving plaintiff.

(3)      The Court may, if it thinks proper, on the application of the defendant and upon such terms as to costs as may seem just, make such order for bringing in the legal representative of the deceased sole plaintiff or surviving plaintiff, and for proceeding with the suit in order to come to a final determination of the matters in dispute, as may appear just and proper in the circumstances of the case.

34. Dispute as to legal representative

If any dispute arises as to who is the legal representative of a deceased plaintiff, the Court may either stay the suit until the fact has been duly determined in another suit, or decide at or before the hearing of the suit who shall be admitted to be the legal representative for the purpose of prosecuting that suit.

35. Death of one of several defendants or of a sole or surviving defendant

(1)      If there are two or more defendants, when one of them dies, the cause of action survives but does not survive against the surviving defendant or defendants alone.

(2)      In the case of the death of a sole defendant, or sole surviving defendants where the action survives, the plaintiff may make an application to the Court, specifying the name, description and place of abode of any person who the plaintiff alleges to be the legal representative of the defendant and whom he desires to be made the defendant in his stead.

(3)      The Court shall thereupon enter the name of the legal representative in the suit in the place of the defendant, and issue an order to him to appear on a day to be therein mentioned to defend the suit and the case shall thereupon proceed in the same manner as if the legal representative had originally been made a defendant, and had been a party to the former proceedings in the suit.

36. Bankruptcy of plaintiff

(1)      The bankruptcy of the plaintiff, in any suit which the assignee or trustee might maintain for the benefit of the creditors, shall not be a valid objection to the continuance of the suit, unless the assignee or trustee declines to continue the suit, or neglects or refuses to give security for the costs thereof, within such reasonable time as the Court may order.

(2)      If the assignee or trustee neglects or refuses to continue the suit and to give the security within the time limited by the order, the defendant may, within eight days after such neglect or refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.

37. Legal representative of plaintiff to give notice of abatement

Where any cause or matter becomes abated or in the case of any such change of interest as is by these Rules provided for, the legal practitioner for the plaintiff or person having the conduct of the cause or matter, as the case may be, shall certify the fact to the Registrar who shall cause an entry thereof to be made in the Cause Book opposite to the name of such cause or matter.

C – Change of counsel of parties

38. Party may change legal representative

(1)      A party to any cause or matter who sues or defends by a counsel, may change his legal practitioner without an order for that purpose but, unless and until notice of the change is filed and copies of the notice are served on every other party to the cause or matter and on the former legal practitioner, the former legal representative shall be considered the legal practitioner of the party until the final conclusion of the cause or matter.

(2)      A copy of the notice endorsed with an affidavit stating that the notice has been duly filed in the Registry shall also be filed.

(3)      The party giving the notice may perform the duties prescribed by this order in person or by his new legal representative.

39. Where legal representative ceases to act

(1)      Where a legal practitioner who has acted for a party in a cause or matter ceases so to act and the party has not given notice of change in accordance with sub-rule (1) of Rule 38 of this Order, the legal practitioner may apply to the Court for an order declaring that the legal representative has ceased to be the one acting for the party in the cause or matter and the Court may make an order accordingly.

(2)      An order under sub-rule (1) of this Rule shall not be made until the legal practitioner serves on every party to the cause or matter a copy of the notice otherwise he shall be considered the legal practitioner of the party till the final conclusion of the cause or matter.

(3)      An application for an order under this Rule shall be made by originating motion supported by an affidavit stating the grounds of the application.

(4)      An order made under this Rule shall not affect the rights of the legal representative and the party for whom he acted for as between themselves.

40. Address of party

After an order is made under Rule 38 or 39 of this Order, the address of the party shall be his last known address or where the party is a body corporate, its registered or principal office for the purpose of the service on him of any document not required to be served personally.

ORDER 13

Service of process

A – Service within jurisdiction

1. By whom service is to be effected

Service of writs of summons, notices, petitions, pleading, orders, summonses, warrants and all other proceedings, documents or written communication or which service is required, shall be made by—

(a)      the sheriff or a deputy sheriff, bailiff, officer of the Court; or

(b)      a person appointed therefor (either especially or generally) by the Court or by a Judge in Chambers, unless another mode of service is prescribed by these Rules; or

(c)      a solicitor filing the document who must give a written undertaking at the time of filing the document to the Registrar receiving the document that his Chambers shall serve the document on the other party or his solicitor and that he would file with the Registrar a proof of the service signed by the other party or his solicitor; or

(d)      the Court or a Judge in Chambers by such other method of service as the Court or Judge in Chambers may otherwise direct.

2. Service of process: how effected

Save as otherwise prescribed by any of these Rules, an originating process shall be served personally by delivering to the person to be served a copy of the document, duly certified by the Registrar as being a true copy of the original process filed, without exhibiting the original thereof.

3. When process need not be served

No service of a writ of summons or other process on the defendant shall be necessary when the defendant by his legal practitioner undertakes in writing to accept service.

4. Special bailiff

(1)      The Court may in any civil case, for reasons which seem to it sufficient, appoint any process to be executed by a special bailiff, who for the time being shall have the privileges and liabilities of an officer of Court.

(2)      The expenses of the special bailiff shall be defrayed by the party on whose application he is appointed unless the Court in any case sees any reason to vary this Rule.

5. Substituted service

Where it appears to the Court (either after or without an attempt at personal service) that for any reason personal service cannot be conveniently effected, the Court may order that service be effected either—

(a)      by delivery of the document to an adult person at the usual or last known place of abode or business of the person to be served; or

(b)      by delivery of the document to some person being an agent of the person to be served, or to some other person, on it being proved that there is reasonable probability that the document would in the ordinary course, through that agent or other person, come to the knowledge of the person to be served;

(c)      by advertisement in the Federal Government Official Gazette, or in some newspaper circulating within the Federation; or

(d)      by notice put up at the principal Court House of, or some other place of public resort in, the Judicial Division wherein the proceeding in respect of which the service is made is instituted, or at the usual or last known place of abode, or of business, of the person to be served; or

(e)      by service where a party is represented by a legal practitioner, of notices, pleadings, petitions, orders, summonses, warrants and all other proceedings, documents or written communications on the legal practitioner or his clerk.

6. Service on employee of Government

When a party to be served is in the service of any Ministry or non-Ministerial Department of government or of a local government, the Court may transmit the document to be served and a copy thereof to the most senior officer of the Department of Government in the Judicial Division or place where the party to be served works or resides or to the local government in whose service the party to be served is, and such officer, or local government shall cause the same to be served on the proper party, accordingly.

7. Service on partners

Where partners are sued in the name of the partnership, the writ or other document shall be served upon any one or more of the partners, or at the principal place within the Judicial Division of the business of the partnership, upon any person in that place having at the time of the service the control or management of the business and such service shall be deemed good service upon the partnership.

8. Service on corporation or company

When the suit is against a corporation or a company authorised to sue and be sued in its name or in the name of an officer or trustee, the writ or other document may be served, subject to the enactment establishing that corporation or company or under which the company is registered, as the case may be, by giving the writ or document to any director, secretary, or other principal officer, or by leaving it at the office of the corporation or company.

9. Service on board ship

Where the person on whom service is to be effected is living or serving on board of any ship, it shall be sufficient to deliver the writ or other document to the person on board who is at the time of the service apparently in charge of that ship.

10. Service on prisoners and lunatics

Where the person on whom service is to be effected is a prisoner in a prison or a lunatic in any asylum, it shall be sufficient service to deliver the writ or other document at the prison or asylum to the superintendent or person appearing to be the head officer in charge of the prison or asylum.

11. Service on infants

Where an infant is a party to an action, service on his father or guardian, or if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Court or a Judge in Chambers otherwise orders, be deemed good personal service on the infant but the Court or Judge may order that service made or to be made on an infant personally shall be deemed good service.

12. Service on local agent of principal who is out of jurisdiction

Where service is to be made upon a person residing out of, but carrying on business within, the jurisdiction in his own name or under the name of a firm through an authorised agent, and the proceeding is limited to a cause of action which arose within the jurisdiction, the writ or other document may be served by giving it to the agent, and the service shall be equivalent to personal service.

B –     Service out of jurisdiction

13. Service of writ out of jurisdiction

Service out of jurisdiction of a writ of summons or notice of a writ of summons may be allowed by the Court or a Judge in Chambers whenever—

(a)      the whole subject matter of the action is land situate within the jurisdiction (with or without rents or profits); or

(b)      any act, deed, will, contract, obligation, or liability affecting land or hereditament situate within the jurisdiction, is sought to be construed, rectified, set aside or enforced in the action; or

(c)      any relief is sought against any person domiciled, or ordinarily resident, within the jurisdiction; or

(d)      the action is one brought against the defendant to enforce, rescind, dissolve, annul or otherwise effect a contract or to recover damages or other relief for or in respect of a breach of a contract—

(i)       made within the jurisdiction; or

(ii)      made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction; or

(iii)     by its terms or by implication to be governed by the law in force in the jurisdiction or is brought against the defendant in respect of a breach committed within the jurisdiction of a contract wherever made, even though the breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction;

(e)      the action is founded on tort or other civil wrong committed within the jurisdiction; or

(f)      any injunction is sought as to anything to be done within the jurisdiction or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or

(g)      any person out of jurisdiction is a necessary or proper party to an action properly brought against some other party within the jurisdiction; or

(h)      the action is by a mortgagee or mortgagor in relation to a mortgage of property situate within the jurisdiction and seeks relief of the nature or kind of the following that is to say, sale, foreclosure, delivery of possession by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee; but does not seek (unless and except so far as permissible under paragraph (d) of this Rule) any personal judgment or order for payment of any moneys due under the mortgage; or

(i)       the action is one brought under the Civil Aviation Act or any regulations made in pursuance of the Act or any law relating to carriage by air.

14. Application to be supported by affidavit

(1)      Every application for leave to serve a writ or notice on a defendant out of the jurisdiction shall be supported by affidavit or other evidence stating that in the belief of the deponent, the plaintiff has a good cause of action and showing in what place or country the defendant is or probably may be found, and the grounds upon which application is made.

(2)      No such leave shall be granted, unless, it is made sufficiently to appear to the Court or a Judge in Chambers that the cause is a proper one for service out of jurisdiction under these Rules.

15. Order to fix time for appearance

Any order giving leave to effect service or give notice shall limit a time after such service or notice within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served or the notice given, and on whether the air mail is available to the defendant.

16. Service of notice

Where leave is given under the foregoing provisions to serve notice of the writ of summons out of jurisdiction, the notice shall be served in the manner in which writs of summons are served.

17. Service of originating summons, etc.

(1)      Service out of the jurisdiction may be allowed by a Court or a Judge in Chambers of the following processes or of notices thereof, that is to say—

(a)      an originating summons, where the proceedings begun by an originating summons might have been begun by a writ of summons under these Rules;

(b)      any originating summons, petition, notice of motion or other originating proceedings—

(i)       in relation to an infant or person of unsound mind; or

(ii)      under any law or enactment under which proceedings can be commenced otherwise than by writ of summons; or

(iii)     under any Rule of Court whereunder proceedings can be commenced otherwise than by writ of summons;

(c)      without prejudice to the generality of paragraph (b) of this sub-rule, any summons, order or notice in any interpleader proceeding or for the appointment of an arbitrator or umpire or to remit, set aside, or enforce an award in an arbitration held or to be held within the jurisdiction;

(d)      any summons, order or notice in any proceedings duly instituted, whether by writ of summons or other such originating process as aforesaid.

(2)      The provisions of Rules 14, 15 and 16 of this Order shall apply mutatis mutandis to service under this Rule.

18. Service abroad by letter of request

(1)      Where leave is given to serve a writ of summons or a notice of writ of summons in any foreign country other than a country with which a Convention in that behalf has been made, the following procedure may be adopted—

(a)      the document to be served shall be sealed with the seal of the Court but not out of the jurisdiction, and shall be communicated to the Permanent Secretary to the Ministry of Justice by the Chief Registrar on the direction of the Chief Judge together with a copy thereof translated into the language of the country in which service is to be effected and with a request for transmission to the Minister responsible for foreign affairs for the further transmission of the same to the government of the country in which leave to serve the document has been given and the request shall be as in Form 7 in Appendix 6 to these Rules with such variations as circumstances may require;

(b)      the party requesting a copy of a document for service under this section shall at the time of requesting the same, file a praecipe in Form 8 in Appendix 6 to these Rules;

(c)      an official certificate, or declaration upon oath or otherwise transmitted through the diplomatic channel by the government or court of a foreign country to which this provisions applies to the Court, shall, provided that it certifies or declares the document to have been personally served, or to have been duly served upon the defendant in accordance with the law of that foreign country, or words to that effect, be deemed to be sufficient proof of service, and shall be filed on record as, and be equivalent to, an affidavit of service within the requirement of these Rules in that behalf;

(d)      where an official certificate or declaration transmitted to the Court on the manner provided in paragraph (c) of this sub-rule certifies or declares that efforts to serve a document have been without effect, the Court or a Judge may, upon the ex parte application of the plaintiff, order substituted service of the document, and the document and a copy of it and the order shall be sealed and transmitted to the Permanent Secretary to the Ministry of Justice in the manner aforesaid together with a request in Form 9 of Appendix 6 to these Rules, with such variations as circumstances may require.

(2)      Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which when lands, funds, chooses in action, rights or property within the jurisdiction are sought to be dealt with or affected, as the Court may, without affecting, exercise jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings with a view to such person having an opportunity of claiming, opposing or otherwise intervening.

19. Service out of the jurisdiction under the Civil Aviation Act

(1)      Where, for the purpose of an action under the Civil Aviation Act and the Convention therein set out, leave is given to serve a notice of writ of summons upon a high contracting party to the Convention other than Nigeria, the provisions of this Order shall apply.

(2)      The notice shall specify the time for entering an appearance as limited in pursuance of Rule 15 of this Order.

(3)      The notice shall be sealed with the seal of the Court for service out of jurisdiction, and shall be transmitted to the Ministry of Justice, together with a copy thereof transmitted into the language of the country of the defendant, and with a request for transmission to the Minister responsible for matters relating to foreign affairs for further transmission of the same to the government of that country.

(4)      The request shall be in Form 10 in Appendix 6 to these Rules, with such variations as circumstances may require.

(5)      The party bespeaking a copy of a document for service under this Rule shall at the time of bespeaking the document file a praecipe in Form 9 in Appendix 6 to these Rules.

(6)      An official certificate from the Minister responsible for matters relating to foreign affairs transmitted by the Ministry of Justice or otherwise to the Court certifying that the notice was delivered on a specified date to the government of the country of the defendant shall be deemed to be sufficient proof of service and shall be filed as record of, and be equivalent to, an affidavit of service within the requirements of these Rules in that behalf.

(7)      After entry of appearance by the defendant, or, if no appearance is entered after expiry of the time limited for appearance, the action may proceed to judgment in all respects as if the defendant had for the purposes of the action waived all privileges and submitted to the jurisdiction of the Court.

(8)      Where it is desired to serve or deliver a summons, order or notice in the proceedings on the defendant out of the jurisdiction, the provisions of this Rule shall apply with such variation as circumstances may require.

20. Service of documents abroad

Where leave is given in a civil cause or matter or where leave is not required and it is desired to serve any writ of summons, originating summons, notice, or other document in any foreign country with which a Convention in that behalf has been or shall be made, the following procedure shall, subject to any special provisions contained in the Convention, be adopted—

(a)      the party bespeaking the service shall file in the Registry a request in Form 8 or Form 54 in Appendix 6 to these Rules, which form may be varied as may be necessary to meet the circumstance of the particular case in which it is used and the request shall state the medium through which it is desired that the service shall be effected, that is, whether—

(i)       directly through the diplomatic channels; or

(ii)      through the foreign judicial authority,

and shall be accompanied by the original documents and a translation thereof in the language of the country in which service is to be effected, certified by or on behalf of the person making the request and a copy of each for every person to be served and any Convention may require (unless the service is required to be made on a Nigerian subject directly through the diplomatic channels, in which case the translation and copies thereof need not accompany the request unless the Convention expressly requires that they should do so);

(b)      the documents to be served shall be sealed with the seal of the Court for use out of the jurisdiction and shall be forwarded by the Registrar to the Permanent Secretary for Foreign Affairs for transmission to the foreign country;

(c)      an official certificate, transmitted through the diplomatic channel by the foreign judicial authority or by a Nigerian diplomatic agent to the Court, establishing the fact and the date of the service of the document, shall be deemed to be sufficient proof of such service, and shall be filed as record of, and be equivalent to, an affidavit of service within the requirements of these Rules in that behalf.

21. Saving for other modes of service

Rule 20 shall not apply to or render invalid or insufficient any mode of service in any foreign country with which a Convention has been or shall be made which is otherwise valid or sufficient according to the procedure of the Court and which is not expressly excluded by the Convention made with that foreign country.

22. Airmail

The Court or Judge, in giving leave to serve a document out of the jurisdiction under these Rules, may in an appropriate case direct that the airmail service shall be used by the party effecting service.

23. Service for foreign tribunals

Where in any civil cause or matter pending before a court or tribunal in any foreign country with which a Convention in that behalf has been or shall be made, a request for service of any document on a person within the jurisdiction is received by the Chief Judge from the consular or other authority of the country, the following procedure shall, subject to any special provisions contained in the Convention, be adopted—

(a)      the service shall be effected by the delivery of the original or a copy of the document, as indicated in the request and the copy of the translation, to the party or person to be served in person by an officer of the court, unless the Court or a Judge in Chambers thinks fit otherwise to direct;

(b)      no court fees shall be charged in respect of the service but the particulars of charges of the officer employed to effect service shall be submitted to the Chief Registrar of the Court who shall certify the amount properly payable in respect thereof;

(c)      the Chief Judge shall transmit to the consular or other authority making the request, a certificate establishing the fact and the date of the service in person, or indicating the reason for which it has not been possible to effect it, and at the same time shall notify to the said consular or other authority the amount of the charges certified under paragraph (b) of this Rule.

24. Substituted service

Upon the application of the Attorney-General of the Federation, the Court or a Judge in Chambers may make all such orders for substituted service or otherwise as may be necessary to give effect to Rules 1 to 22 of this Order.

25. Order thereon

Any order giving leave to effect service out of the jurisdiction shall prescribe the mode of service, and shall limit a time after the service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served, and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.

C – General provisions

26. Where violence threatened

Where the officer of Court or person charged with the service of any writ or document on any person is prevented by the violence or threats of such person, or any other person in concert with him, from personally serving the writ or documents, it shall be sufficient to inform the person to be served of the nature of the writ or document as near that person as practicable.

27. Affidavit of service

In all cases where service of any writ or document has been effected by a bailiff or other officer of Court, an affidavit of service sworn to by the bailiff or other officer shall, on production, without proof of signature, be prima facie evidence of service.

28. Expenses of service

The costs of and incidental to the execution of any process in a suit shall be paid in the first place by the party requiring the execution and the sheriff shall not (except by order of the Court) be bound to serve or execute any process unless the fees and reasonable expenses thereof shall have been previously paid or tendered to him.

29. Service on Sunday or public holiday

Service shall not be made on a Sunday or public holiday, unless the Court directs otherwise by order endorsed on the document to be served.

30. Recording of service

A book shall be kept at every Court for recording service or process, in such form as the Chief Judge may direct, in which shall be entered by the officer serving the process, or by the Registrar, the names of the plaintiff or complainant and the defendant, the particular Court issuing the process, the method, whether personal or otherwise, of the service, and the manner in which the person serving ascertained that he served the process on the right person, and where any process is not duly served, then the cause of failure shall be stated and every entry in the book or an office copy of any entry shall be prima facie evidence of the several matters therein stated.

31. Interpretation

In this order “out of jurisdiction” means out of the Federal Republic of Nigeria.

ORDER 14

Appearance

1. Mode of entry of appearance

(1)      A defendant shall within the time limited in the writ or other originating process enter an appearance in the manner hereinafter prescribed.

(2)      The defendant shall enter an appearance by delivering to the Registrar the requisite documents, that is to say, a memorandum of appearance in Form 11, or where leave was obtained before appearance, a notice in Form 12 in Appendix 6 to these Rules and a statement of defence to the action together with copies of documentary evidence therein mentioned.

(3)      The memorandum or notice shall be accompanied, where the defendant is an infant, by an affidavit sworn to by his legal practitioner and the consent of his guardian as in Form 14 in Appendix 6 to these Rules, with such variations as the circumstances may require, and a copy thereof.

(4)      All the documents shall be signed by the legal practitioner by whom the defendant appears or, if the defendant appears in person, by the defendant.

(5)      On receipt of the requisite documents, the Registrar shall in all cases enter the appearance in the Cause Book and stamp the copies of the memorandum of appearance with the official stamp showing the date on which he received those documents, and deliver one sealed copy thereof to the plaintiff or, as the case may be, his legal practitioner.

2. Defendant’s address for service

(1)      A defendant appearing in person shall state in the memorandum of appearance an address for service which shall be within the jurisdiction.

(2)      Where a defendant appears by a legal practitioner, the legal practitioner shall state in the memorandum of appearance his place of business and an address for service which shall be within the jurisdiction, and where any legal practitioner is only the agent of another legal practitioner, he shall also insert the name and place of business of the principal legal practitioner.

3. Fictitious address

(1)      If the memorandum does not contain an address for service, it shall not be accepted.

(2)      If any address for service is illusory or fictitious or misleading, the appearance may be set aside by the Court or a Judge in Chambers or on the application of the plaintiff.

4. Defendants appearing by same legal practitioner

(1)      If two or more defendants in the same action shall appear by the same legal practitioner and at the same time, the names of all the defendants so appearing may be inserted in one memorandum.

Constitution of the Federal Republic of Nigeria: Federal High Court (Civil Procedure) Rules

5. Time for appearance

(1)      A defendant may appear at any time before judgment.

(2)      Where a defendant appears at any time after the time limited by the writ for appearance, he shall not be entitled to any further time for delivering his defence, unless the Court or a Judge in Chambers shall otherwise order for any purpose, than if he had appeared according to the writ or other originating process.

ORDER 15

Default of appearance

1. Claim for liquidated demand

Where a writ of summons is endorsed for a liquidated demand, whether specially or otherwise, and the defendant fails or all the defendants, if more than one, fail, to appear thereto, the plaintiff may have entered in his favour, final judgment for any sum not exceeding the sum endorsed on the writ, together with interest at the rate specified (if any) or (if no rate is specified) at the rate of six per cent per annum, to the date of the judgment and costs.

2. Liquidated demand, several defendants

Where the writ of summons is endorsed for a liquidated demand, whether specially or otherwise, and there are several defendants of whom one or more appe ar to the writ, and another or others of them fail to appear, the plaintiff may have final judgment entered, as in Rule 1 of this Order, against those that have not appeared, and may issue execution upon the judgment without prejudice to his right to proceed with the action against those who have appeared.

3. Limited defence

If an appearance is entered but the defence is limited to part only, the plaintiff may have judgment entered for him for the undefended part of his claim, and the rest of the claim may be proceeded with in the normal way.

4. Judgment for costs where satisfaction, etc., made

(1)      In any case to which Rules 1, 2 and 3 of this Order apply, in which the defendant fails, or all the defendants if more than one, fail to appear, but in which by reason of payment, satisfaction, abatement of nuisance or for any other reason it is necessary for the plaintiff to proceed with the action, the plaintiff may, by leave of the Court or a Judge in Chambers to be obtained on summons in Chambers, have judgment entered for costs.

(2)      The summons under sub-rule (1) of this Rule shall be filed and shall be served in the manner in which service of the writ has been effected or in such other manner as the Court or a Judge in Chambers may direct.

5. Default of appearance in actions not specifically provided for

In all actions not specifically provided for in this Order, if the defendant fails to enter appearance within the stipulated time, the plaintiff may apply for the case to be set down for hearing, and upon the hearing, the Court may give any judgment that the plaintiff appears to be entitled to on the facts.

6. Setting aside judgment

Where judgment is entered pursuant to any of the preceding Rules of this Order, it shall be lawful for the Court or a Judge in Chambers to set aside or vary the judgment upon such terms as may be just.

7. Default of appearance to originating summons

Where a defendant or respondent to an originating summons to which an appearance is required to be entered fails to appear within the time limited, the plaintiff or applicant may apply to the Court or a Judge in Chambers for an appointment for the hearing of the summons and upon a certificate that no appearance has been entered, the Court or Judge in Chambers shall appoint a time for the hearing of the summons, upon such conditions (if any) as it or he may think fit.

8. Default of appearance by infant or person of unsound mind

(1)      Where no appearance has been entered to a writ of summons for a defendant who is an infant or a person of unsound mind not adjudged a lunatic, the plaintiff shall, before further proceeding with action against the defendant, apply to the Court or a Judge in Chambers for an order that some proper person be assigned guardian of such defendant by whom he may appear and defend the action.

(2)      No order pursuant to sub-rule (1) of this Rule shall be made unless if it appears that application was, after the expiration of the time allowed for appearance, and at least six clear days before the day named in the notice for hearing the application, served upon or left at the dwelling-house of the person with whom or under whose care the defendant was at the time of serving such writ of summons, and also (in the case of the defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwellinghouse of the father or guardian (if any) of the infant, unless the Court or Judge in Chambers at the time of hearing the application dispenses with the last-mentioned service.

ORDER 16

Arrest of absconding defendant

1. Defendant leaving jurisdiction or removing property

If in any suit for an amount or value of ₦1,000 or upwards, the defendant is about to leave the jurisdiction of the Court, or has disposed of or removed from the jurisdiction, his property, or any part thereof, or is about to do so, the plaintiff may, either at the institution of the suit or at any time thereafter until final judgment, make an application to the Court that security be taken for the appearance of the defendant to answer and satisfy any judgment that may be passed against him in the suit.

2. Warrant to arrest

If the Court, after making such investigation as it may consider necessary, is of the opinion that there is probable cause for believing that the defendant is about to leave the jurisdiction of the Court, or that he has disposed of or removed from the jurisdiction, his property, or any part thereof, or is about to do so, and that in either case by reason thereof the execution of any decree which may be made against him is likely to be obstructed or delayed, it shall be lawful for the Court to issue a warrant to bring the defendant before the Court, that he may show cause why he should not give good and sufficient bail for his appearance.

3. Bail for appearance or satisfaction

If the defendant fails to show such cause, the Court shall order him to give bail for his appearance at any time when called upon while the suit is pending and until execution or satisfaction of any judgment that may be passed against him in the suit, or to give bail for the satisfaction of such judgment and the surety or sureties shall undertake in default of such appearance or satisfaction to pay any sum of money that may be adjudged against the defendant in the suit, with costs.

4. Deposit in lieu of bail

Where a defendant offers in lieu of bail for his appearance, to deposit a sum of money, or other valuable property, sufficient to answer the claim against him with costs of the suit, the Court may accept the deposit.

5. Defendant may be committed to custody

(1)      In the event of the defendant neither furnishing security nor offering a sufficient deposit, he may be committed to custody until the decision of the suit, or if judgment be given against the defendant, until the execution of the decree, if the Court so orders but the Court may at any time, upon reasonable cause being shown and upon such terms as to security or otherwise as may seem just, release the defendant.

(2)      The application may be made to the Court in any Judicial Division in which the defendant may be, and the Court may issue the warrant for detaining and bringing the defendant before the Court where the suit is pending and may make such further order as shall seem just.

In what Division proceedings may be taken

(3)      In case the warrant is issued by a different Court from that in which the suit is pending, the Court shall, on the request of either of the parties, transmit the application and the evidence therein to the Court in which the suit is pending, and the sufficient security for the appearance of the defendant in that Court, or send him there in custody of an officer of Court, and the Court in which the suit is pending shall thereupon inquire into and proceed with the application in accordance with the foregoing provisions, in such manner as shall seem just.

6. Cost of subsistence of persons arrested

(1)      The expenses incurred for the subsistence in prison of the person so arrested shall be paid by the plaintiff in the action in advance, and the amount so disbursed may be recovered by the plaintiff in the suit, unless the Court otherwise orders.

(2)      The Court may release the person so imprisoned on failure by the plaintiff to pay the subsistence money, or in case of serious illness, order his removal to hospital.

ORDER 17

Interim attachment of property

1. In what cases

(1)      Where—

(a)      the defendant in any suit with intent to obstruct or delay the execution of any decree that may be passed against him, is about to dispose of his property, or any part thereof, or to remove any such property from the jurisdiction; or

(b)      in any suit founded on contract or for detinue or trover in which the cause of action arose within the jurisdiction—

(i)       the defendant is absent from the jurisdiction, or there is probable cause to believe that he is concealing himself to evade service; and

(ii)      the defendant is beneficially entitled to any property in the State in the custody or under the control of any other person in the State, or such person is indebted to the defendant, then, in either such case, the plaintiff may apply to the Court either at the time of the institution of the suit or at any time thereafter until final judgment, to call upon the defendant to furnish sufficient security to fulfil any decree that may be made against him in the suit, and on his failing to give the security, or pending the giving of such security, to direct that any property movable or immovable belonging to the defendant shall be attached until the further order of the Court.

2. Application for attachment

The application for attachment shall contain a specification of the property required to be attached, and the estimated value thereof so far as the plaintiff can reasonably ascertain the same, and the plaintiff shall, at the time of making the application, declare that to the best of his information and belief the defendant is about to dispose of or remove the property with such intent as aforesaid.

3. Form of Order

(1)      If the Court, after making such investigation as it may consider necessary, is satisfied that the defendant is about to dispose of or remove his property with intent to obstruct or delay the execution of the decree, it shall be lawful for the Court to order the defendant within a time to be fixed by the Court, either to furnish security in such sum as may be specified in the order or to produce and place at the disposal of the Court when required, the said property, or the value of the same or such portion thereof as may be sufficient to fulfil the decree, or to appear and show cause why he should not furnish security.

(2)      Pending the defendant’s compliance with the order, the Court may by warrant direct the attachment until further order of the whole, or any portion, of the property specified in the application.

4. Where defendant fails to show cause or give security

(1)      If the defendant fails to show such cause, or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application, if not already attached, or such portion thereof as shall be sufficient to fulfil the decree, shall be attached until further order.

(2)      If the defendant shows such cause, or furnishes the required security, and the property specified in the application or any portion of it shall have been attached, the Court shall order the attachment to be withdrawn.

5. Rights of third parties not to be affected

The attachment shall not affect the rights of persons not parties to the suit, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner prescribed for the investigation of claims to property attached in execution of a decree.

6. Removal of attachment

In all cases of attachment before judgment, the Court shall at any time remove the attachment, on the defendant furnishing security as above required, together with security for the costs of the attachment, or upon an order for a non-suit or striking out the cause or matter.

7. In what courts proceedings may be taken

(1)      The application may be made to the Court in the Judicial Division where the defendant resides or in case of urgency, where the property proposed to be attached is situate and the Court may make such order as shall seem just.

(2)      In case an order for the attachment of property is issued by a different Court from that in which the suit is pending, that Court shall on the request of either of the parties transmit the application and evidence thereon to the Court in which the suit is so pending, retaining the property in the meantime under attachment or taking sufficient security for its value and the Court in which the suit is pending shall thereupon inquire into and proceed with the application in accordance with the foregoing provisions, in such manner as shall seem just.

ORDER 18

Needless detention of chattels or ships and reparation for it

1. Damages for needless detention, etc.

Where a Court on an application of a party, makes an order to hold to bail, or of sale, injunction or attachment or any warrant to stop the clearance of, or to arrest any chattel or ship upon any condition and—

(a)      it later appears to the Court that an order made by it was applied for on insufficient grounds; or

(b)      the suit in which the application was made is dismissed or judgment is given against the applicant by default or otherwise and it appears to the Court that there was no probable ground for instituting such a suit, the Court may, on application of the defendant made at any time before the expiration of three months from the termination of the suit, award the defendant an amount of compensation not larger than one that could be awarded for damages in any suit.

2. Admiralty actions not ruled out

(1)      The provisions of Rule 1 of this Order shall not take away any right of action under admiralty action.

(2)      Any compensation awarded under the admiralty action shall be taken into consideration in awarding any damages under Rule 1 of this Order.

ORDER 19

Accounts and inquiries

1. Summary order for account

(1)      Where a writ is endorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time, after the defendant has entered an appearance or after the time limited for appearing, apply for an order for an account under this Rule.

(2)      An application under this Rule shall be made by summons and supported by affidavit or other evidence.

(3)      On the hearing of the application, the Court may, unless satisfied by the defendant, by affidavit or otherwise, that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order.

2. Court may direct taking of accounts, etc.

(1)      The Court may, on application made by summons, at any stage of the proceedings in a cause or matter, direct any necessary accounts or inquiries to be taken or made.

(2)      Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as may be, each distinct account and inquiry may be designated by a number.

3. Directions as to manner of taking account

Where the Court orders an account to be taken, it may by the same or subsequent order give directions with regard to the manner in which the account is to be taken or vouched.

4. Account to be made, verified, etc.

(1)      Where an account has been ordered to be taken, the accounting party shall make out his account and, unless the Court otherwise directs, verify it by an affidavit to which the account shall be exhibited.

(2)      Without prejudice to the generality of sub-rule (1) of this Rule, the Court may direct that in taking the account, the relevant books of account shall be evidence of the matters contained therein with liberty to the parties interested to take such objections thereto as they think fit.

(3)      The items on each side of the account shall be numbered consecutively.

(4)      Unless the order for the taking of the account otherwise directs, the accounting party shall lodge the account with the Court and shall at the same time notify the other parties that he has done so and of the filing of any affidavit verifying the account and of any supporting affidavit.

5. Erroneous account

Any party who seeks to charge an accounting party with an amount beyond that which he has by his account admitted to have received or who alleges that any item in his account is erroneous in respect of amount or in any other respect, shall give him notice thereof stating, so far as he is able, the amount sought to be charged with brief particulars thereof or, as the case may be, the grounds for alleging that the item is erroneous.

6. Delay in prosecution of accounts, etc.

(1)      If it appears to the Court that there is undue delay in the prosecution of any accounts, or inquiries, or in any other proceedings under any judgment or order, the Court may require the party having the conduct of the proceedings or any other party to explain the delay and may then make such order for staying the proceedings or for expediting them or for the conduct thereof and for costs, as the circumstances require.

(2)      The Court may direct any party or legal practitioner to take over the conduct of proceedings in question and to carry out any directions made by an order under this Rule and make such order as it thinks fit as to the payment of legal practitioner’s costs.

7. Distribution of fund before all persons entitled are ascertained

Where some of the persons entitled to share in a fund are ascertained, and difficulty or delay has occurred or is likely to occur in ascertaining the other persons so entitled, the Court may order or allow immediate payment of their shares to the persons ascertained, reserving any part of the fund to meet the subsequent costs of ascertaining and paying those other persons.

ORDER 20

Arbitration

A – Reference to arbitrator

1. Nomination of arbitrators and appointment

In any case in which a matter is referred to one or more arbitrators under the provisions of the Federal High Court Act, the arbitrators shall be nominated by the parties in such manner as may be agreed upon between them.

2. Court may appoint arbitrator

If the parties cannot agree with respect to the nomination, or if the persons nominated refuse to act, and the parties are desirous that the nomination be made by the Court, the Court shall appoint the arbitrators.

3. Form of order of reference

The Court shall by an order under its seal refer to the arbitrators the matters in difference in the suit which they may be required to determine, and shall fix a time for the delivery of the award, and the time so fixed shall be stated in the order.

4. Umpire where necessary

If the reference be to two or more arbitrators, provision shall be made in the order for a difference of opinion among them, by the appointment of an umpire, or by declaring that the decision shall be with the majority, or by empowering the arbitrators to appoint an umpire, or otherwise as may be agreed between the parties, or if they cannot agree, as the Court may determine.

5. Attendance of witnesses

When a reference to arbitration is made by an order of Court, the same process to the parties and witnesses, whom the arbitrators or umpire may desire to have examined, shall issue as in ordinary suits and persons not attending in compliance with such process, or making any other default, or refusing to give evidence, or being guilty of any contempt of the arbitrators or umpire during the investigations of the suit, shall be subject to the like disadvantages, penalties, and punishments, by order of the Court on the representation of the arbitrators or umpire, as they would incur for the same offences in suits tried before the Court.

6. Extension of time for making award

(1)      When the arbitrators are not able to complete the award within the period specified in the order from want of the necessary evidence or information, or other good and sufficient cause, the Court may, from time to time, enlarge the period for delivery of the award, if it thinks it proper.

(2)      In any case in which an umpire is appointed, it shall be lawful for him to enter on the reference in lieu of the arbitrators, if they have allowed their time, or their extended time, to expire without making an award or have delivered to the Court, or to the umpire, a notice in writing stating that they cannot agree.

(3)      An award shall not be liable to be set aside only by reason of its not having been completed within the period allowed by the Court, unless on proof that the delay in completing the award arose from misconduct of the arbitrators or umpire, or unless the award shall have been made after the issue of an order by the Court superseding the arbitration and recalling the suit.

7. Power of Court in case of death, incapacity or refusal to act

(1)      If, in any case of reference to arbitration by an order of Court, the arbitrators or umpire dies, or refuses or becomes incapable to act, it shall be lawful for the Court to appoint a new arbitrator or arbitrators or umpire in the place of the person or persons so dying or refusing or becoming incapable to act.

(2)      Where the arbitrators are empowered by the terms of the order or reference to appoint an umpire, and do not appoint an umpire, any of the parties may serve the arbitrators with a written notice to appoint an umpire and if within seven days after the notice is served, no umpire is appointed, it shall be lawful for the Court, upon the application of the party having served such notice as aforesaid and upon proof to its satisfaction of such notice having been served, to appoint an umpire.

(3)      In any case of appointment under this Rule, the arbitrators or umpire so appointed shall have the like power to act in the reference as if their names had been inserted in the original order of reference.

8. Finding

(1)      The award shall contain a conclusive finding, and may not find on the contingency of any matter of fact being afterwards substantiated or deposed to.

(2)      The award shall comprehend a finding on each of the several matters referred.

9. Special case for opinion of the Court

It shall be lawful for the arbitrators or umpire upon any reference by an order of Court, if they think fit, and if it is not provided to the contrary, to state their award as to the whole or any part thereof in the form of a special case for the opinion of the Court.

10. Court may modify or correct award

The Court may, on the application of either party, modify or correct an award where it appears that a part of the award is upon matters not referred to the arbitrators, (provided that, that part can be separated from the other part, and does not affect the decision on the matter referred); or where the award is imperfect in form, or contains any obvious error which can be amended without affecting the decision.

11. Power as to costs

The Court may also on the application, make such order as it thinks just, respecting the costs of the arbitration, if any question arises about the costs or their amount, and the award contains no sufficient provision concerning them.

12. Power of Court to remit award for reconsideration

In any of the following cases the Court shall have power to remit the award, or any of the matters referred to arbitration, for reconsideration by the arbitrators or umpire, upon such terms as it thinks proper—

(a)      if the award has left undetermined some of the matters referred to arbitration;

(b)      if it has determined matters not referred to arbitration;

(c)      if the award is so indefinite as to be incapable of execution;

(d)      if an objection to the legality of the award is apparent upon the face of the award.

13. Setting aside award

(1)      No award shall be liable to be set aside except on the ground of perverseness or misconduct of the arbitrators or umpire.

(2)      Any application to set aside an award shall be made within fifteen days after the publication thereof.

14. Filing award: effect of

If no application is made to set aside the award, or to remit it or any of the matters referred, for reconsideration, or if the Court has refused any such application, either party may file the award in Court, and the award shall thereupon have the same force and effect for all purposes as a judgment.

B – Arbitration proceedings

15. Applications under Arbitration and Conciliation Act

Every application in this Rule to the Court under the Arbitration and Conciliation Act—

(a)      to revoke an arbitration agreement under section 2 thereof;

(b)      to appoint an arbitrator under section 7 (3) thereof;

(c)      to stay proceedings under section 5 thereof;

(d)      to remove an arbitrator or umpire under section 30 thereof;

(e)      to direct an arbitrator or umpire to state the reasons for an award under section 26 thereof;

(f)      to ask that a case on trial which is the subject of an arbitration agreement be referred to an arbitration under section 4 thereof;

(g)      to set aside an award under section 29 thereof;

(h)      for declaration that an award is not binding on a party to the award on the ground that it was made without jurisdiction or because the arbitrator misconducted himself or that the proceeding was arbitrary or that the award has been improperly procured under section 30 thereof;

(i)       generally to determine any question of law arising in the course of or concerning any arbitration agreement or proceedings referred to the Court;

(j)      to subpoena a witness to attend under section 23 thereof, shall be made by originating motion.

16. Application to be made within 21 days

The application in respect of Rule 1 of this Order must be made on notice and within 21 days after the award or the proceedings has been made or commenced.

C – Enforcement of arbitration awards

17. Mode of enforcing awards

(1)      An application to enforce an award on an arbitration agreement in the same manner as a judgment or order may be made ex parte, but the Court hearing the application may order it to be made on notice.

(2)      The supporting affidavit shall—

(a)      exhibit the arbitration agreement and the original award or in either case certified copies of each;

(b)      state the name, as usual or last known place or abode or business of the applicant and the person against whom it is sought to enforce the award; and

(c)      state as the case may require either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.

D – Registration of foreign arbitration award

18. Awards made on proceedings in foreign territory

Where an award is made in proceedings on an arbitration in a foreign territory to which the Foreign Judgment (Reciprocal Enforcement) Act extends, if the award was in pursuance of the law in force in the place where it was made, it shall become enforceable in the same manner as a judgment given by a Court in that place and the proceeding of the Foreign Judgments (Reciprocal Enforcement) Act shall apply in relation to the award as it applies in relation to a judgment given by that Court.

ORDER 21

Reference to referees

1. Instructions to referee

(1)      In any case in which a matter is referred to a referee under the provisions of the Federal High Court Act, the Court shall furnish the referee with such part of the proceedings and such information and detailed instructions as may appear necessary for his guidance, and shall direct the parties, if necessary, to attend upon the referee during the inquiry.

(2)      The instructions shall specify whether the referee is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his investigation.

2. Interim inquiries or accounts

The Court may at any stage of the proceedings direct any such necessary inquiries or accounts to be made or taken notwithstanding that it appears that there is some special or further relief sought for, or some special issues to be tried, as to which it may be proper that the cause or matter should proceed in the ordinary manner.

3. General powers of the referee

(1)      The referee may, subject to the order of the Court, hold the inquiry at, or adjourn it to, any place which he may deem most expedient, and have any inspection or view which he may deem expedient, for the disposal of the controversy before him.

(2)      The referee shall, as far as practicable, proceed with the inquiry from day to day.

4. Evidence

Subject to any order to be made by the Court ordering the inquiry, evidence shall be taken at any inquiry before a referee, and the attendance of witnesses to give evidence before a referee may be enforced by the Court in the manner as the attendance may be enforced before the Court and every such inquiry shall be conducted in the same manner as nearly as circumstances will admit as trials before a Judge of the Court, but not so as to make the tribunal of the referee a public court of justice.

5. Referee’s authority in the inquiry

Subject to any order of Court, the referee shall have the same authority in the conduct of any inquiry as a Judge of the Court when presiding at any trial.

6. Limitation in certain particulars

Nothing in these provisions contained authorises any referee to commit any person to prison or to enforce any order by attachment or otherwise, but the Court may, in respect of matters before a referee, make any order of attachment or committal it may consider necessary.

7. Reports made in pursuance of reference

(1)      The report made by a referee in pursuance of a reference under these Rules shall be made to the Court and notice thereof served on the parties to the reference.

Referee may report questions of facts specially

(2)      A referee may in his report submit any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it thinks fit.

(3)      On the receipt of a referee’s report, the Court may—

(a)      adopt the report in whole or in part;

(b)      vary the report;

(c)      require an explanation from the referee;

(d)      remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other referee; or

(e)      decide the question or issue originally referred to him on the evidence taken before him, either with or without additional evidence.

(4)      When the report of the referee has been made, an application to vary the report or remit the whole or any part of the question or issue originally referred may be made on the hearing by the Court to the further consideration of the cause or matters, after giving not less than four days’ notice thereof, and any other application with respect to the report may be made on that hearing without notice.

(5)      Where on a reference under this Order the Court or a Judge in Chambers orders that the further consideration of the cause or matter in question shall not stand adjourned until the receipt of the referee’s report, the order may contain directions with respect to the proceedings on the receipt of the report and the foregoing provisions of the Rule shall have effect subject to any such directions.

ORDER 22

Receivers

1. Application for receiver and injunction

(1)      An application for the appointment of a receiver may be made by motion on notice.

(2)      An application for an injunction ancillary or incidental to an order appointing a receiver may be joined with the application for the order.

(3)      Where the applicant wishes to apply for the immediate grant of such an injunction, he may do so ex parte on affidavit in an appropriate case.

(4)      The Court hearing an application under sub-rule (1) of this Rule may grant an injunction restraining the party beneficially entitled to any interest in the property of which a receiver is sought from assigning, charging or otherwise dealing with that property pending the hearing of a summons for the appointment of a receiver and may require such a summons, returnable on such date as the Court may direct, to be issued.

2. Giving of security by receiver

(1)      Where a judgment is given, or an order is made, directing the appointment of a receiver, then, unless the judgment or order otherwise directs, a person shall not be appointed a receiver in accordance with the judgment or order until he has given security as in Form 45 in Appendix 6 to these Rules, in accordance with this Rule.

(2)      Where, by virtue of sub-rule (1) of this Rule, or any judgment or order appointing a person named therein to be receiver, a person is required to give security in accordance with this Rule, he shall give security as in Form 46 in Appendix 6 to these Rules, as may be approved by the Court duly to account for what he receives as a receiver and to deal with it as the Court directs.

(3)      Unless the Court otherwise directs, the security shall be by guarantee or, if the amount for which the security is to be given does not exceed two thousand naira, by an undertaking.

(4)      The guarantee or undertaking shall be filed in the Court Registry.

3. Remuneration of a receiver

A person appointed a receiver shall be allowed such proper remuneration, if any, as may be fixed by the Court.

4. Receiver’s account

(1)      A receiver shall submit accounts as in Form 44 in Appendix 6 to these Rules, to the Court at such intervals or on such dates as the Court may direct in order that they may be passed.

(2)      Unless the Court otherwise directs, each account submitted by a receiver shall be accompanied by an affidavit as in Form 44 in Appendix 6 to these Rules, verifying it.

(3)      The receiver’s account and affidavit (if any) shall be left at the Registrar’s office, and the plaintiff or party having the conduct of the cause or matter shall thereupon obtain an appointment for the purpose of passing the account.

(4)      The passing of a receiver’s account shall be certified by the Registrar.

5. Payment of balance, etc., by receiver

The days on which a receiver shall pay into Court the amount shown by his account as due from him, or such part thereof as the Court may certify as proper to be paid in by him, shall be fixed by the Court.

6. Default by receiver

(1)      Where a receiver fails to attend for the passing of any account of his, or fails to submit any accounts, make any affidavit or do any other thing which he is required to submit, make or do, he and any or all of the parties to the cause or matter in which he was appointed may be Constitution of the Federal Republic of Nigeria: Federal High Court (Civil Procedure) Rules required to attend in Chambers to show cause for the failure, and the Court may either in Chambers or after adjournment into court, give such directions as it thinks proper, including if necessary, directions for the discharge of the receiver and the appointment of another and the payment of costs.

(2)      Without prejudice to sub-rule (1) of this Rule, where a receiver fails to attend for the passing of any account or fails to pay into Court on the date fixed by the Court any sum shown by his account as due from him, the Court may disallow any remuneration claimed by the receiver in any subsequent account and may, where he has failed to pay any such sum into Court, charge him with interest at the rate of ten per cent per annum on that sum while in his possession as a receiver.

ORDER 23

Computation of time

1. Computation of time

Where by any written law or any special order made by the Court in the course of any proceedings, any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and the time is not limited by hours, the following rules shall apply—

(a)      the limited time does not include the day of the happening of the event, but commences at the beginning of the day next following that day;

(b)      the act or proceeding shall be done or taken at latest on the last day of the limited time;

(c)      where the time limited is less than five days, public holiday, Saturday or Sunday shall be reckoned as part of the time;

(d)      when the time expires on a public holiday, Saturday or Sunday the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards not being a public holiday, Saturday or Sunday.

2. No enlargement of time by consent of parties

The parties may not by consent enlarge or abridge any of the times fixed by the provisions of these Rules for taking any step, filing any document, or giving any notice.

3. Court may extend time

(1)      The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorised by these provisions, or by any judgment, order or directions to do any act in any proceedings.

(2)      The Court may extend any such period as is referred to in sub-rule (1) of this Rule although the application for extension is not made until after the expiration of that period.

4. Notice of intention to proceed after a year’s delay

(1)      Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed shall give to every party not less than thirty days’ notice of his intention to proceed.

(2)      A summons on which no order was made shall not be regarded as a proceeding for the purposes of this Rule.

5. Time for applications to set aside award

Application to set aside or remit an award may be made at any time within six weeks after the award has been made and published to the parties but the Court or Judge in Chambers may by order extend the time either before or after it has elapsed.

ORDER 24

The undefended list

1. Undefended list: affidavit

Whenever application is made to a Court for the issue of a writ of summons in respect of a claim to recover a debt or liquidated money demand and the application is supported by an affidavit setting forth the grounds upon which the claim is based and stating that in the deponent’s belief there is no defence thereto, the Court shall, if satisfied that there are grounds for believing that there is no defence thereto, enter the suit for hearing in what shall be called the

“Undefended List”, and mark the writ of summons accordingly, and enter thereon a date for hearing suitable to the circumstances of the particular case.

2. Copy of affidavit to be served

There shall be delivered by the plaintiff to the Registrar upon the issue of the writ of summons as aforesaid, as many copies of the above-mentioned affidavit as there are parties against whom relief is sought, and the Registrar shall annex one such copy to each copy of the writ of summons for service.

3. Notice of intention to defend

(1)      If the party served with the writ of summons and affidavit delivers to the Registrar, not less than five days before the day fixed for hearing, a notice in writing that he intends to defend the suit together with an affidavit disclosing a defence on the merit, the Court may give him leave to defend upon such terms as the Court may think just.

(2)      Where leave to defend is given under this Rule, the action shall be removed from the Undefended List and placed on the ordinary Cause List and the Court may order pleadings, or proceed to hearing without further pleadings.

4. Judgment in undefended suit

Where any defendant neglects to deliver the notice of defence and affidavit prescribed by Rule 3 (1) of this Order, or is not given leave to defend by the Court, the suit shall be heard as an undefended suit, and judgment given thereon, without calling upon the plaintiff to summon witnesses before the Court to prove his case formally.

5. Oral evidence

Nothing herein shall preclude the Court from hearing or requiring oral evidence, if it so thinks fit, at any stage of the proceeding under Rule 4 of this Order.

ORDER 25

Proceedings in lieu of demurrer

1. Demurrer abolished

No demurrer shall be allowed.

2. Points of law may be raised by pleadings

(1)      A party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the Judge who tries the cause at or after the trial.

(2)      A point of law so raised may, by consent of the parties, or by order of the Court or a Judge in Chambers on the application of either party, be set down for hearing and disposed of at any time before the trial.

3. Dismissal of action

If, in the opinion of the Court or a Judge in Chambers the decision of the point of law substantially disposes of the whole action, or of any distinct cause of action, ground of defence, set-off, counterclaim, or reply therein, the Court or Judge in Chambers may thereupon dismiss the action or make such other order therein as may be just.

4. Striking out pleading where no reasonable cause of action disclosed

The Court or a Judge in Chambers may order any pleading to be struck out on the ground that it discloses no reasonable cause of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court or a Judge in Chambers may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.

5. Declaratory judgment

No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed or not.

ORDER 26

Pleadings

1. Service of statement of claim

Unless the Court gives leave to the contrary or a statement of claim is endorsed on the writ, the plaintiff shall serve a statement of claim together with copies of documentary evidence therein mentioned on the defendant, or, if there are two or more defendants, on each defendant, and shall do so either when the writ, or notice of the writ, is served on the defendant unless the Court or Judge in Chambers otherwise orders.

2. Service of defence

(1)      Subject to sub-rule (2) of this Rule, a defendant who enters an appearance in, and intends to defend, an action shall, unless the Court gives leave to the contrary, serve a defence which must include any preliminary objection he wishes to raise to the plaintiff’s action together with copies of the documentary evidence therein mentioned on the plaintiff at the time he files his memorandum of appearance.

(2)      If a summons under Order 24 Rule 1 of these Rules is served on a defendant, sub-rule (1) of this Rule shall not have effect in relation to him unless by the order of Court made on a motion on notice he is given leave to defend the action and, in that case, shall have effect as if it required him to serve his defence within fourteen days after the making of the order or within such other period as may be specified in the order.

3. Service of reply and defence to counterclaim

(1)      Where a plaintiff serves both a reply and a defence to counterclaim on any defendant, he shall include them in the same document.

(2)      A reply to any defence shall be served by the plaintiff before the expiration of fifteen days after the service on him of that defence and a defence to a counterclaim shall be served by the plaintiff before the expiration of fifteen days after the service on him of the counterclaim to which it relates.

4. Pleading to state material facts and not evidence

(1)      Every pleading shall contain a statement in a summary form of the material facts on which the party pleading relies for his claims or defence, as the case may be, but not the evidence by which they are to be proved, and shall when necessary be divided into paragraphs, and numbered consecutively.

(2)      Dates, sums and numbers shall be expressed in figures but may also be expressed in words.

(3)      Pleadings shall be signed by a legal practitioner, or by the party if he sues or defends in person.

How facts are to be stated

(4)      The facts shall be alleged positively, precisely and distinctly, and as briefly as is consistent with a clear statement.

5. Particulars to be given where necessary

In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary, particulars (with dates and items if necessary) shall be stated in the pleadings.

6. Matters which must be specifically pleaded

(1)      A party shall plead specifically any matter (for example, performance, release, any relevant statute of limitation, fraud or any fact showing illegality) which, if not specifically pleaded might take the opposite party by surprise.

(2)      Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or the defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or the defendant shall be implied in his pleading.

(3)      Without prejudice to sub-rule (1) of this Rule, a defendant in an action for the recovery of land shall plead specifically every ground of defence on which he relies and a plea that he is in possession of the land by himself or his tenant is not sufficient.

7. Further and better statement or particulars

(1)      A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice or written proceeding requiring particulars, may in all cases be ordered, upon such terms as to costs and otherwise, as may be just.

Letter for particulars

(2)      Before applying for particulars by summons or notice, a party may apply for them by letter and the costs of the letter and of any particulars delivered pursuant to the delivery of the letter shall be allowable on taxation.

(3)      In dealing with the costs of any application for particulars by summons or notice, the provisions of this Rule shall be taken into consideration by the Court or Judge in Chambers.

Particulars before defence

(4)      Particulars of a claim shall not be ordered under this Rule to be filed before defence unless the Court or Judge in Chambers is of the opinion that they are necessary or desirable to enable the defendant to plead or ought for any other special reason to be so delivered.

8. Order for particulars not a stay

(1)      The party at whose instance particulars have been filed under a Judge’s order shall, unless the order otherwise provides, have the same length of time for pleading after the service of the particulars upon him that he had initially.

(2)      Except as provided in this Rule, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings or give any extension of time.

9. Specific denial

Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not adjudged a lunatic.

10. Denial by joinder of issue

(1)      If there is no reply to a defence, there is an implied joinder of issue on that defence.

(2)      Subject to sub-rule (3) of this Rule—

(a)      there is at the close of the pleadings an implied joinder of issue on the pleadings last served; and

(b)      a party may in his pleadings expressly join issue on the last preceding pleading.

(3)      There shall be no joinder of issue, implied or expressed, on a statement of claim or counterclaim.

(4)      A joinder of issue operates as a denial of every material allegation of fact made in the pleading on which there is an implied or express joinder of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case, the express joinder of issue operates as a denial of every other such allegation.

11. Pleadings to be consistent

No pleading, not being a petition or summons, shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

12. Grounds of claim founded on separate facts to be separately stated

(1)      Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly.

(2)      The same rule shall apply where the defendant relies upon several distinct grounds of set-off or counterclaim founded upon separate and distinct facts.

The relief claimed to be stated

(3)      Every statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and may also ask for general relief and the same rule shall apply to any counterclaim made or relief claimed by the defendant in his defence.

13. Allegations shall not be made generally but specifically

It shall not be sufficient to deny generally the facts alleged by the statement of claim, but the defendant shall deal specially with them, either admitting or denying the truth of each allegation of fact seriatim, as the truth or falsehood of each is within his knowledge, or (as the case may be) stating that he does not know whether any given allegation is true or otherwise.

14. Denial of fact must answer point of substance

(1)      When a party denies all allegation of fact he shall not do so evasively, but shall answer the point of substance.

(2)      When a matter of fact is alleged with diverse circumstances it shall not be sufficient to deny it as alleged along with those circumstances, but a full and substantial answer shall be given.

15. Admissions

The defence shall admit such material allegations in the statement of claim as the defendant knows to be true, or desires to be taken as established without proof thereof.

16. Set-off or counterclaim to be pleaded

Where any defendant seeks to rely upon any fact as supporting a right of set-off or counterclaim, he shall, in his statement of defence, state specifically that he does so by way of setoff or counterclaim as the case may be, and the particulars of such set-off or counterclaim shall be given.

17. Evidence on denial of allegation or in support of defence not set up in pleading

The defence of a defendant shall not debar him at the hearing from disproving any allegation of the plaintiff not admitted by the defence, or from giving evidence in support of a defence not expressly set up by the defence, except where the defence is such as, in the opinion of the Court, ought to have been expressly set up by the defence, or is inconsistent with the statements thereof, or is, in the opinion of the Court, likely to take the plaintiff by surprise or to raise new issues not fairly arising out of the pleadings, as they stand, and such as the plaintiff ought not to be then called upon to meet.

18. Further pleadings

The Court, if it considers that the statement of claim and the defence filed in any suit insufficiently disclose and fix the real issues between the parties, may order such further pleadings to be filed as it may deem necessary for the purpose of bringing the parties to an issue.

19. Costs in certain cases

Where the Court is of opinion that any allegations of fact, denied or not admitted by any pleading, ought to have been admitted, the Court shall make such order as may be just with respect to costs.

20. Striking out pleadings

The Court may at any time, on the application of either party, strike out any pleading or any part thereof, on the ground that it discloses no cause of action, or no defence to the action, as the case may be, or on the ground that it is embarrassing, or scandalous or vexatious, or an abuse of the process of the Court; and the Court may either give leave to amend the pleading, or may proceed to give judgment for the plaintiff or the defendant, as the case may be, or may make such other order, and upon such terms and conditions, as may seem just.

21. Denial of contract

When a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of the contract, promise, or agreement, whether with reference to any statute or otherwise.

22. Effect of documents to be stated

Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

23. Malice, knowledge, on other condition of mind

Wherever it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any person, it shall be sufficient to allege it as a fact without setting out the circumstances from which it is inferred.

24. Notice

Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege the notice as a fact, unless the form or the precise terms of the notice or the circumstances from which the notice is to be inferred, is material.

25. Implied contract or relation

(1)      Whenever any contract or any relation between any persons is to be implied from a series of letters or conversations, or otherwise from a number of circumstances, it shall be sufficient to allege the contract or relation as a fact, and to refer generally to those letters, conversations or circumstances without setting them out in detail.

(2)      If, as in sub-rule (1) of this Rule, the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from those circumstances, he may state them in the alternative.

26. Presumptions of law

Neither party needs in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied (such as consideration for a bill of exchange where the plaintiff sues only on the bill, and not for the consideration as a substantive ground of claim).

27. Technical objection

No technical objection shall be raised to any pleading on the ground of any alleged want of form.

28. Stated or settled account

In every case in which the cause of action is a stated or settled account, the same shall be alleged with particulars but in any case in which a statement of account is relied on by way of evidence or admission of any other cause of action which is pleaded, the same need not be alleged in the pleadings.

29. Defence of tender

Where in any action a defence of tender before action is pleaded, the defendant shall pay into Court in accordance with Rule 1 of Order 31 of these Rules the amount alleged to have been tendered, and the tender shall not be available as a defence unless and until payment into Court has been made.

30. Defence of set-off

Where a claim by a defendant to a sum of money (whether of an ascertained amount or not) is relied on as a defence to the whole or part of a claim made by the plaintiff, it may be included in the defence and set-off against the plaintiff’s claim, whether or not it is also added as a counterclaim.

31. Judgment for balance

(1)      Where in any action a set-off or counterclaim is established as a defence against the plaintiff’s claim, the Court may, if the balance is in favour of the defendant, give judgment for the defendant for the balance, or otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case.

(2)      Sub-rule (1) of this Rule shall apply mutatis mutandis where the balance is in favour of the plaintiff.

32. Close of pleadings

(1)      The pleadings in an action are deemed to be closed—

(a)      at the expiration of fifteen days after service of the reply or, if there is no reply but only a defence to counterclaim, after service of the defence to counterclaim; or

(b)      if neither a reply nor a defence to counterclaim is served, at the expiration of fifteen days after service of the defence.

(2)      The pleadings in an action are deemed to be closed at the time provided by subrule (1) of this Rule, notwithstanding that any request or order for particulars has been made but has not been complied with at that time.

ORDER 27

Amendment

1. General power to amend

The Court or a Judge in Chambers may at any time, and on such terms as to costs or otherwise as the Court or Judge in Chambers may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.

2. Amendment of endorsements and pleadings

The Court or a Judge in Chambers may, at any stage of the proceedings allow either party to alter or amend his endorsement or pleadings, in such manner and on such terms as may be just, and all the amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

3. Application for leave to amend

Application for leave to amend may be made by either party to the Court or a Judge in Chambers at the trial of the action, and the amendment may be allowed upon such terms as to costs or otherwise as may be just.

4. Failure to amend after order

If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited, then within fourteen days from the date of the order, the order to amend shall, on the expiration of such limited time as aforesaid, or of the fourteen days, as the case may be, become ipso facto void, unless the time is extended by the Court or a Judge in Chambers.

5. Amendments: how made

Whenever any endorsement or pleading is amended, the Court or the Judge in Chambers, as the case may be, may order that a copy of the document as amended be filed in the Registry and served on all parties to the action.

6. Date of order of amendment to be marked

Whenever any endorsement or pleading is amended, the endorsement or pleading shall be marked with the date of the order, if any, under which it is so amended, and of the day on which the amendment is made, in the following manner—

“Amended ………………………………………………… day of …………………………………….. , pursuant to order of……………………………………………………………., dated the ……………………….. day of ……………………………..”

7. Clerical mistakes and accidental omissions

Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court or a Judge in Chambers on motion or summons without an appeal.

ORDER 28

Default of pleadings

1. Default of plaintiff in filing statement of claim

If the plaintiff, being bound by these Rules or an order of Court or a Judge in Chambers to file a statement of claim, does not file it within the time allowed for that purpose, the defendant may, at the expiration of that time, apply to the Court or a Judge in Chambers to dismiss the action with costs for want of prosecution; and on hearing of the application the Court or Judge in Chambers may, if no statement of claim has been filed, order the action to be dismissed accordingly or may make such other order on such terms as the Court or Judge in

Chambers thinks just.

2. Claims for debt or liquidated demand

If the plaintiff’s claim is only for a debt or liquidated demand, and the defendant does not within the time allowed by these Rules or an order of Court or Judge in Chambers for that purpose, file a defence, the plaintiff may, at the expiration of the time, apply for final judgment for the amount claimed, with costs.

3. Several defendants; one default

When in any action for a debt or liquidated demand there are several defendants, and one of them makes default as mentioned in Rule 2 of this Order the plaintiff may have final judgment entered against the defendant so making default, and issue execution upon that judgment without prejudice to his right to proceed with his action against the other defendants.

4. Default of defence: claim for unliquidated damages

Where the plaintiff’s claim against a defendant is for unliquidated damages only, then, if that defendant makes default in pleading, the plaintiff may, after the expiration of the period fixed as aforesaid, for service of defence, have judgment entered against that defendant for damages to be assessed by the Court and costs, and may proceed with the action against the other defendants, if any.

5. Default of defence: claim in detinue

Where the plaintiff’s claim against the defendant relates to the detention of goods only, then, if that defendant makes default in pleading, the plaintiff may, after the expiration of the period fixed as aforesaid for service of the defence, have entered either—

(a)      judgment against that defendant for the delivery of the goods or their value to be assessed by the Court and costs; or

(b)      judgment for the value of the goods to be assessed by the Court and costs, and in either case, he may proceed with the action against the other defendants, if any.

6. Default of defence: fixed claims

Where the plaintiff makes against a defendant two or more of the claims mentioned in Rules 2 to 5 of this Order and no other claim, then, if the defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed as aforesaid for service of the defence, have entered against that defendant such judgment in respect of each such claim as he would be entitled to under those Rules if they were the only claims made, and proceed with the action against the other defendants, if any.

7. Default of defence: other claims

(1)      Where the plaintiff makes against a defendant or defendants a claim of a description not mentioned in Rules 2 to 5 of this Order and the defendant or all the defendants (where there are more than one) fails or fail to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed as aforesaid for service of the defence, apply to the Court for judgment, and on the hearing of the application the Court shall give such judgment as the plaintiff appears entitled to on his statement of claim.

(2)      Where the plaintiff makes such a claim as is mentioned in sub-rule (1) of this Rule against more than one defendant, then, if one of the defendants makes default as mentioned in that sub-rule, the plaintiff may—

(a)      if his claim against the defendant in default is serverable from his claim against the other defendants, apply under that sub-rule for judgment against that defendant, and proceed with the action against the other defendants; or

(b)      set down the action on motion for judgment against the defendant in default at the time when the action is set down for trial, or is set down for motion for judgment against the other defendants.

(3)      An application under sub-rule (1) of this Rule shall be by summons or motion on notice.

8. Default of defence to counterclaim

A defendant who counterclaims against a plaintiff shall be treated for the purposes of Rules 2 to 7 of this Order, as if he were a plaintiff who had made against a defendant the claim made in the counterclaim and, accordingly, where the plaintiff or any other person against whom the counterclaim is made fails to serve a defence to the counterclaim, those Rules shall apply as if the counterclaim were a statement of claim, the defence to the counterclaim a defence and the parties making the counterclaim and against whom it is made were plaintiffs and defendants respectively, and as if references to the period fixed by or under these Rules for service of the defence were references to the period so fixed for service of the defence to counterclaim.

9. Setting aside judgment

The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

10. Interpretation

In this Order, a party makes default in pleading when he fails to file and serve his statement of claim or defence, as the case may be, on the opposite party within the time fixed for doing so by these Rules or by the order of the Court or a Judge in Chambers.

ORDER 29

Interpleader

1. Entitlement to relief by way of interpleader

(1)      Where—

(a)      a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; or

(b)      claim is made to any money, goods or chattels taken or intended to be taken by a sheriff in execution under any process, or to the proceeds or value of any such goods or chattels by a person other than the person against whom the process is issued, the person under liability as mentioned in sub-rule (1) (a) of this Rule or, as the case may be, the sheriff, may apply to the Court for relief by way of interpleader.

(2)      Reference in this Order to sheriff shall be construed as including references to any other officer charged with the execution of process by or under the authority of the Court.

2. Claim to goods, etc., taken in execution

(1)      Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken under process of the Court or to the proceeds or value of any such goods or chattels, shall give notice of his claim to the sheriff charged with the execution of the process and shall include in his notice a statement of his address, and that address shall be his address for service.

(2)      On receipt of a claim made under this Rule, the sheriff shall forthwith give notice thereof to the execution creditor and the execution creditor shall, within seven days after receiving the notice, give notice to the sheriff informing him whether he admits or disputes the claim.

(3)      An execution creditor who gives notice in accordance with this provision admitting the claim shall only be liable to the sheriff for any fees and expenses incurred by the sheriff before the receipt of that notice.

(4)      Where—

(a)      the sheriff receives a notice from an execution creditor under sub-rule (2) of this Rule, disputing a claim, or the execution creditor fails, within the period mentioned in that sub-rule to give the required notice; and

(b)      the claim made under this Rule is not withdrawn, the sheriff may apply to the Court under this order.

(5)      A sheriff who receives a notice from an execution creditor under sub-rule (2) of this Rule admitting a claim made under this provision, shall withdraw from possession of the money, goods or chattels claimed and may apply to the Court for relief under this provision of the following kind, that is to say, an order restraining the bringing of an action against him for or in respect of his having taken possession of that money or those goods or chattels.

3. Mode of application

(1)      An application for relief under this Order shall be made by originating summons, unless made in a pending action in which case it shall be made by motion in the action.

(2)      Where the applicant is a sheriff who has withdrawn from possession of money, goods, or chattels taken in execution and who is applying for relief under Rule 2 (5) of this Order, the summons shall be served on any person who made a claim under Rule 2 (1) of this Order, to or in respect of that money, or those goods or chattels, and that person may attend the hearing of the application.

(3)      No appearance need be entered to an originating summons under this provision.

4. Matters to be proved

The applicant shall satisfy the Court or a Judge in Chambers by affidavit or otherwise that—

(a)      the applicant claims no interest in the subject matter in dispute, other than for charges or costs; and

(b)      the applicant does not collude with any of the claimants; and

(c)      the applicant is willing to pay or transfer the subject matter into court or to dispose of it as the Court or a Judge in Chambers may direct.

5. When application to be made by defendant

Where the applicant is a defendant, application for relief may be made at any time after service of the writ of summons.

6. Stay of action

If the application is made by a defendant in an action, the Court or a Judge in Chambers may stay all further proceedings in the action.

7. Order upon summons

If the claimants appear in pursuance of the summons, the Court or a Judge in Chambers may order either that any claimant be made a defendant in any action already commenced in respect of the subject matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff, and which the defendant.

8. Failure of claimant to appear or neglect to obey summons

If a claimant, having been duly served with a summons calling on him to appear and maintain, or relinquish, his claim, does not appear in pursuance of the summons, or, having appeared, neglects or refuses to comply with any order made after his appearance, the Court or a Judge in Chambers may make an order declaring him, and all persons claiming under him, forever barred against the applicant and persons claiming under him; but the order shall not affect the rights of the claimants as between themselves.

9. Costs, etc.

The Court or a Judge in Chambers may, in or for the purposes of any interpleader proceedings, make all such orders as to costs and all other matters as may be just and reasonable.

ORDER 30

Withdrawal and discontinuance

1. Withdrawal of appearance

A party who has entered an appearance in an action may withdraw the appearance at any time with leave of the Court.

2. Discontinuance of action without leave

(1)      The plaintiff in an action may, without the leave of the Court, discontinue the action, or withdraw any particular claim made by him therein, as against any or all of the defendants at any time not later than fourteen days after service of the defence on him or, if there are two or more defendants, of the defence last served, by serving a notice to that effect on the defendant concerned.

(2)      A defendant may, without leave of the Court—

(a)      withdraw his defence or any part of it at any time;

(b)      discontinue a counterclaim, or withdraw any particular claim made by him therein, as against any or all of the parties against whom it is made, at any time not later than fourteen days after service on him of a defence to the counterclaim or, if the counterclaim is made against two or more parties, of the defence to the counterclaim last served, by serving a notice to that effect on the plaintiff or other party concerned.

(3)      Where there are two or more defendants to an action, not all of whom served a defence on the plaintiff and the period fixed by or under this Rule for service by any of those defendants of his defence expires after the latest date on which any other defendant serves his defence, sub-rule (1) of this Rule shall have effect as if the reference therein to the service of the defence last served, were a reference to the expiration of that period.

(4)      Sub-rule (3) of this Rule shall apply in relation to a counterclaim as it applies in relation to an action, with the substitution for references to a defence, to the plaintiff and to subrule (1) of this Rule, of references to a defence to counterclaim, to the defendant and to subrule (2) of this Rule respectively.

(5)      If all the parties to an action consent, the action may be withdrawn without leave of the Court at any time before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the parties, and the action shall thereafter be struck out.

3. Discontinuance of action, etc., with leave

(1)      Except as provided by Rule 2 of this Order, a party may not discontinue an action or counterclaim, or withdraw any particular claim made by him therein without leave of the Court, and the Court, hearing an application for the grant of the leave, may order the action or counterclaim to be discontinued or any particular claim made therein to be struck out, as against any or all of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.

(2)      An application for the grant of leave under this Rule may be made by summons or motion on notice.

4. Effect of discontinuance

Subject to any terms imposed by the Court in granting leave under Rule 3 of this Order, the fact that a party has discontinued an action or counterclaim or withdrawn a particular claim made by him therein shall not be a defence to a subsequent action for the same, or substantially the same, cause of action.

5. Stay of subsequent action until costs paid

Where a party has discontinued an action or counterclaim or withdrawn any particular claim made by him therein, and he is liable to pay costs to any other party of the action or counterclaim or the costs occasioned to any other party by the claim withdrawn, then if, before payment of those costs, he subsequently brings an action for the same or substantially the same cause of action, the Court may order the proceedings in that action to be stayed until those costs are paid.

6. Withdrawal of summons

A party who has taken out a summons or filed a motion in a pending cause or matter may not withdraw it without leave of the Court.

ORDER 31

Admissions

1. Admission of case of other party

Any party may give notice by his pleading or otherwise in writing that he admits the truth of the whole or any part of the case of any other party.

2. Notice to admit

(1)      Any party may, by leave of Court obtained in a motion on notice, call upon any other party to admit any document or fact, saving just exceptions.

(2)      A notice containing a list and where possible true copies of the documents or as the case may be, a clear statement of each fact to be admitted shall be filed with the motion paper and served on the party being called upon to admit the same.

(3)      The Court, if it grants the leave, shall fix the terms and conditions thereof, including the time within which the admission is to be made.

(4)      If a party on whom a notice under sub-rule (2) of this Rule is served desires to deny the existence or the authenticity of any fact or document therein specified, he shall, before the day fixed for hearing the motion, serve on the party by whom it was given, a notice stating that he does not admit the facts or the authenticity of the documents and that he requires that the same be proved at the trial.

(5)      A party who fails to give a notice of non-admission in accordance with sub-rule (4) of this Rule in relation to any fact or document shall be deemed to have admitted that fact or the authenticity of that document unless the Court otherwise orders.

3. Documentary evidence

(1)      After pleadings shall have been settled and issues joined, the parties or their counsel will settle before the Chief Registrar all documents they wish to use at the trial, and leave with him two copies of each set of documents.

(2)      No party will, without leave of the Court, be allowed to use at the trial any document other than those already settled except those allowed under Rules 2 (1) and (3) of this Order.

4. Judgment on admissions of facts

(1)      Where admissions of fact are made by a party either by his pleading or otherwise, any other party to the action may apply to the Court for such judgment or order as upon those admissions, he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may give such judgment or make such order on the application as it thinks just.

(2)      An application for an order under this Rule may be made by motion or summons.

5. Admission and production of documents specified in list of documents

(1)      Subject to sub-rule (2) of this Rule and without prejudice to the right of a party to object to the admission in evidence of any document, a party on whom a list of documents is served in pursuance of the provisions of Order 33 of these Rules, shall, unless, the Court otherwise orders, be deemed to admit—

(a)      that any document described in the list as an original document is such a document and was printed, written, signed or executed as it purports respectively to have been; and

(b)      that any document described therein as a copy is a true copy.

(2)      The provisions of sub-rule (1) of this Rule shall not apply to a document the authenticity of which the party has denied in his pleadings.

(3)      If before the expiration of fourteen days after inspection of the documents specified in a list of documents or after the time limited for inspection expires, whichever is the later, the party on whom the list is served, serves on the party whose list it is, a notice stating, in relation to any document specified therein, that he does not admit the authenticity of that document and requires it to be proved at the trial, he shall not be deemed to make any admissions in relation to that document under sub-rule (1) of this Rule.

(4)      A party by whom a list of documents is served on any other party in pursuance of any provision of Order 33 of these Rules shall be deemed to have been served by that other party with a notice requiring him to produce at the trial of the cause or matter such of the documents specified in the list as are his possession, custody or power.

(5)      The foregoing provisions of this Rule shall apply in a relation to an affidavit made in compliance with an order under the provisions of Order 33 of these Rules as they apply in relation to a list of documents served in pursuance to any provision of that Order.

ORDER 32

Payment into and out of Court

1. Payment into Court

(1)      In any action for a debt or damages the defendant may, at any time after he has entered appearance in the action, pay into Court a sum of money in satisfaction of the cause of action in respect of which the plaintiff claims or, where two or more causes of action are joined in the action, a sum or sums of money in satisfaction of any or all of those causes of action.

(2)      On making any payment into Court under this Rule, and on increasing any such payment already made, the defendant shall give notice thereof in Form 26 in Appendix 6 to these Rules to the plaintiff and every other defendant (if any), and within 7 days after receiving the notice, the plaintiff shall send the defendant a written acknowledgement of its receipt.

2. How far admission of claim

(1)      Payment into Court, whether made in satisfaction of the plaintiff’s claim generally or in satisfaction of some specific part thereof, operates, unless the defendant in his defence denies liability, as an admission of liability to the extent of the amount paid in, and no more, and for no other purpose.

(2)      When money is paid into Court with a defence denying liability, it shall be subject to the provisions of Rule 5 of this Order.

3. Acceptance of sum paid

Where the defendant pays money into Court, and the liability of the defendant in respect of the claim or cause of action in satisfaction of which the payment into Court is made is not denied in the defence, the plaintiff shall be at liberty to accept the same in full satisfaction and discharge of the cause of action in respect of which it is paid in, and in that case the plaintiff may forthwith apply by motion for payment of the money to him and, on hearing the motion, the Court shall make such order as to stay of further proceedings in the suit, in whole or in part, and as to costs and other matters as seems just.

4. Non-acceptance of sum paid in

If the plaintiff does not so apply, he shall be considered as insisting that he has sustained damages to a greater amount or (as the case may be) that the defendant was and is indebted to him in a greater amount, than the sum paid in and in that case the Court, in disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been made and not accepted.

5. Payment into Court with denial of liability

When the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the payment into Court has been made, is denied in the pleading, the following rules shall apply—

(a)      the plaintiff may accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, (whereupon all further proceedings in respect of the claim or cause of action except as to costs, shall be stayed), or the plaintiff may refuse to accept the money in satisfaction, in which case the money shall remain in Court subject to the provisions hereinafter mentioned;

(b)      if the plaintiff accepts the money so paid in, he shall be entitled, with leave of the Court, to have the money paid out to him;

(c)      if the plaintiff does not accept the sum so paid in, but proceeds with the action in respect of the claim or cause of action or any part thereof, the money shall remain in Court;

(d)      if the plaintiff proceeds with the action in respect of the claim or cause of action, or any part thereof, and succeeds, the amount paid in shall be applied, so far as is necessary, in satisfaction of the plaintiff’s claim, and the balance (if any) shall, under Court order, be repaid to the defendant; and

(e)      if the defendant succeeds in respect of the claim or cause of action, the whole amount shall, under Court order, be repaid to him.

6. Custody of money; payment into bank

(1)      Where any money is required to be paid into or deposited in Court, the Court may, if it thinks it expedient, order that the money be paid into a savings account at a reputable commercial bank.

(2)      The payment shall be done by the Registrar and any interest payable by the bank shall accrue pro tanto to the benefit of the party who, at the end of the action, is entitled to the money originally paid into Court.

7. Payment by plaintiff

A plaintiff may, in answer to a counterclaim, pay money into Court in satisfaction thereof subject to the like conditions as to costs and otherwise as upon payment into Court by a defendant.

8. No payment out without order

Money paid into Court pursuant to Rule 1 or 7 of this Order or under an order of the Court or a Judge shall not be paid out except in pursuance of an Order of the Court or a Judge in Chambers.

9. Payment out: small intestate estate

(1)      Where a person entitled to a fund in Court, or a share of the fund, dies intestate and the Court is satisfied that no grant of administration has been made and that the assets of his estate do not exceed two thousand naira in value including the value of the fund or share, it may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would have the prior right to a grant of administration of the estate of the deceased.

(2)      “Fund in Court” in this Rule includes money paid into a bank account under Rule 6 of this Order.

ORDER 33

Discovery and inspection of documents

1. Discovery by interrogatories

(1)      After the close of pleadings in any cause or matter any party by leave of Court or Judge in Chambers may deliver interrogatories in writing for the examination of any other party or parties, and those interrogatories when delivered shall state clearly which of the interrogatories each of the parties is required to answer.

(2)      Interrogatories which do not relate to any matter in question in the cause or matter shall be deemed irrelevant, notwithstanding that they might be admissible on the oral crossexamination of a witness.

2. Application for leave to deliver interrogatories

(1)      A copy of the interrogatories proposed to be delivered shall be filed and served with the summons or notice of application for leave to deliver them at least two clear days before the hearing thereof (unless in any case the Court or Judge in Chambers thinks it fit to dispense with this requirement).

(2)      In deciding upon the application, the Court or Judge in Chambers shall take into account any offer which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to any matter in question, and leave shall be given as to such only of the interrogatories as shall be considered necessary either for disposing fairly of the action or for saving costs.

3. Form of application

Interrogatories shall be in Form 29 in Appendix 6 to these Rules with such variations as circumstances may require.

4. Corporation or companies

If a party to an action is a body corporate or a joint stock company, whether incorporated or not, or any other body of persons, empowered by law to sue or be sued, whether in its own name or in the name of an officer or other persons, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of the corporation, company, or body, and an order may be made accordingly.

5. Affidavit in answer: filing

(1)      Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the Court or a Judge in Chambers may allow.

(2)      Two copies of the affidavit shall be supplied to the Registrar.

6. Form of affidavit in answer

An affidavit in answer to interrogatories shall be in Form 30 in Appendix 6 to these Rules with such variations as circumstances may require.

7. Objections to answering interrogatories

Any objections to answering any interrogatory on the ground that it is scandalous or irrelevant, or not bona fide for the purposes of the cause or matter, or that the matters inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer.

8. Order to answer or answer further

(1)      If any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the Court or Judge in Chambers for an order requiring him to answer, or to answer further, as the case may be.

(2)      An order may be made requiring him to answer or answer further either by affidavit or by viva voce examination, as the Court or Judge in Chambers may direct.

9. Application for discovery of documents

(1)      Any party may, without filing an affidavit, apply to the Court or a Judge in Chambers, for an order directing any other party to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in issue.

(2)      On the hearing of the application, the Court or Judge in Chambers may either refuse or adjourn the hearing, if satisfied that the discovery is not necessary or make such order, either generally or limited to certain classes of documents, as may, in its or his discretion, be thought fit.

(3)      Discovery shall not be ordered when and so far as the Court or Judge in Chambers is of opinion that it is not necessary either for disposing fairly of the action or for saving costs.

10. Discovery of documents in marine insurance policies

(1)      Where in any action arising on a marine insurance policy, an application for discovery of documents is made by the insurer, the following provisions shall apply—

(a)      on the hearing of the application, the Court or Judge in Chamber may, subject as provided in sub-rule (2) of this Rule, make an order in accordance with Rule 9 of this Order;

(b)      where in any case the Court or Judge in Chambers is satisfied, either on the original application or on a subsequent application, that it is necessary or expedient, having regard to the circumstances of the case, to make an order for the production of ship’s papers, the Court or Judge in Chambers may make the order as in Form 66 in Appendix 6 to these Rules;

(c)      in making an order under this Rule, the Court or Judge in Chambers may impose such terms and conditions as to staying proceedings or otherwise as the Court or Judge in Chambers in its or his absolute discretion thinks just.

(2)      Rule 13 of this Order shall not apply to any application made under this Rule.

11. Affidavit of documents

The affidavit to be made by any person against whom an order for discovery of documents has been made under Rule 9 of this Order or under sub-rule (a) or (b) of Rule 10 of this Order shall specify which, if any of the documents therein mentioned he objects to produce, and it shall, except in the case of an order made under sub-rule (b) of Rule 10 of this Order be as in Form 31 in Appendix 6 to these Rules with such variations as circumstances may require.

12. Power to order list of documents in lieu of affidavit

(1)      On the hearing of any application for discovery of documents, the Court or Judge in Chambers in lieu of ordering an affidavit of documents to be filed may, order that the party from whom discovery is sought to deliver to the opposite party a list of the documents which are or have been in his possession, custody or power, relating to the matters in question.

(2)      The list shall, as nearly as may be, follow the form of the affidavit as in Form 31 in the Appendix to these Rules.

(3)      The ordering of the list shall not preclude the Court or Judge in Chambers from afterwards ordering the party to make and file an affidavit of documents.

13. Production of documents

The Court or a Judge in Chambers may at any time during the pendency of an action, order the production by any party, upon oath, of such of the documents in his possession or power, relating to any matter in question in the action as the Court or Judge in Chambers shall think right, and the Court may deal with the documents, when produced, in such manner as appears just.

14. Inspection of documents referred to in pleadings or affidavit

(1)      Every party to a cause or matter shall be entitled at any time, by notice in writing, to give notice to any other party in whose pleadings or affidavits reference is made to any document to produce the document for the inspection of the party giving the notice, or of his legal practitioner, and to permit him or them to take copies thereof.

(2)      Any party not complying with the notice shall not afterwards be at liberty to put any such document in evidence on his behalf in that action, unless he shall satisfy the Court or a Judge in Chambers that the document relates only to his own title, he being a defendant to the cause or matter, or that he had some other cause or excuse which the Court or Judge in Chambers deems sufficient for not complying with the notice, in which case the Court or Judge in Chambers may allow the same to be put in evidence on such terms as to costs and otherwise as the Court or Judge in Chambers may think fit.

15. Notice to produce

Notice to any party to produce any documents referred to in his pleadings or affidavit shall be in Form 22 in Appendix 6 to these Rules with such variations as circumstances may require.

16. Time for inspection when notice given under Rule 14

(1)      The party to whom notice is given under Rule 14 of this Order shall, within two days from the receipt of the notice, if all the documents therein referred to have been set forth by him in such affidavit as is mentioned in Rule 11 of this Order, or if any of the documents referred to in that notice have not been set forth by him in any such affidavit, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within seven days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his legal practitioner, or in the case of banker’s books or other books of accounts, or books in constant use for the purpose of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground.

Form of notice

(2)      The notice shall be in Form 33 in Appendix 6 to these Rules with such variations as circumstances may require.

17. Order for inspection

(1)      If the party served with notice under Rule 14 of this Order omits to notify a time for inspection, or objects to give inspection, or offers inspection elsewhere than at the office of his legal practitioner, the Court or Judge in Chambers may, on the application of the party desiring it, make an order for inspection in such place and in such manner as the Court or Judge in Chambers may think fit.

(2)      The order shall not be made when and so far as the Court or Judge in Chambers is of opinion that it is not necessary either for disposing fairly of the action or for saving costs.

Affidavit in support of application: when required

(3)      Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavit of the party against whom the application is made, or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party.

18. Verified copies

(1)      Where inspection of any business books is applied for, the Court or a Judge in Chambers may, if it or he thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who have examined the copy with the original entries, and the affidavit shall state whether or not there are in the original books any and what erasures, interlineations, or alterations.

(2)      Notwithstanding that such copy has been supplied, the Court or Judge in Chambers may order inspection of the book from which the copy was made.

(3)      Where, on an application for an order for inspection, privilege is claimed for a document, it shall be lawful for the Court or Judge in Chambers to inspect the document for the purpose of deciding as to the validity of the claim of privilege.

Power to order discovery of particular document or class of documents

(4)      The Court or a Judge in Chambers may, on the application of any party to an action at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any particular document or documents or any class or classes of documents, specified or indicated in the application, is or are, or has or have at any time been, in his possession, custody, or power, when he parted with the same and what has become of it.

(5)      Application for the order shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has or has at some time had in his possession, custody or power the particular document or documents, or the class or classes of documents specified or indicated in the application and that they relate to the matters in question in the action, or to some or one of them.

19. Premature discovery

If the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court or a Judge in Chambers may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the action or that for any other reason it is desirable that any issue or question in dispute in the action should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

20. Non-compliance with order for discovery

(1)      If any party fails to comply with any order to answer interrogatories or for discovery or inspection of documents, he shall be liable to committal.

(2)      The party shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court or a Judge in Chambers for an order to that effect and an order may be made accordingly.

21. Service on legal practitioner of order for discovery

(1)      Service of an order for interrogatories or discovery or inspection made against any party or his legal practitioner shall be sufficient service to found an application for an attachment for disobedience to the order.

(2)      The party against whom the application for attachment is made may show in answer to the application that he has had no notice or knowledge of the order.

22. Liability of legal practitioner

A legal practitioner upon whom an order against any party for interrogatories or discovery or inspection is served under Rule 21, who neglects without reasonable excuse to give notice thereof to his client, shall be liable to pay the costs occasioned thereby.

23. Using answer to interrogatories at trial

(1)      Any party may, at the trial of a cause, matter or issue, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer.

(2)      In such case the Judge may look at the whole of the answers, and if he is of opinion that any others of them are so connected with those put in that those put in ought not to be used without them, he may direct them to be put in.

24. Discovery against sheriff

In any action against or by a sheriff in respect of any matters connected with the execution of his office, the Court or a Judge in Chambers may, on the application of any party, order that the affidavit to be made in answer either to interrogatories or to an order for discovery shall be made by the officer actually concerned.

25. Order to apply to infants

This Order shall apply to infant plaintiffs and defendants, and to their next friends, and guardians ad litem.

26. Power to revoke order made

Any order made under the provisions of this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court or a Judge in Chambers made or given at or before trial.

ORDER 34

Interlocutory injunction and interim preservation of property

1. Application for injunction

(1)      An application for the grant of an injunction may be made by a party to an action before or after the trial of the action, whether or not a claim for injunction was included in that party’s action.

(2)      Where the applicant is the plaintiff and the case is one of urgency, the application may be made ex parte on affidavit but, except as aforesaid, the application shall be made by motion on notice or summons.

(3)      The plaintiff may not make such an application before the issue of the process by which the action is to be begun, except where the case is one of urgency, and in that case the injunction applied for may be granted on terms providing for the issue of the process and service of the process together with the ex parte order obtained on the defendant and such other terms, as the Court thinks fit.

2. Detention, preservation, etc., of subject matter of action

(1)      On the application of any party to an action, the Court may make an order for the detention, custody or preservation of any property which is the subject matter of the action or as to which any question may arise therein or for the inspection of any such property in the possession of a party to the action.

(2)      For the purpose of enabling any order under sub-rule (1) of the Rule to be carried out, the Court may by the order authorise any person to enter upon any land or building in the possession of any party to the action.

(3)      Where the right of any party to a specific fund is in dispute in an action, the Court may on the application of the party, order the fund to be paid into Court or otherwise secured.

(4)      An order under this Rule may be made on such terms as the Court may think just.

(5)      An application for an order under this Rule shall be made by summons or motion on notice.

(6)      Unless the Court otherwise directs, an application by the defendant for such an order may not be made before he enters an appearance.

3. Power to order samples to be taken

(1)      Where it considers it necessary or expedient for the purpose of obtaining full information or evidence in any action, the Court may, on the application of a party and on such terms, as it thinks just, by order authorise or require any sample to be taken of any property which is the subject matter of the action or as to which any question may arise therein, any observation to be made on the property or any experiment to be tried on or with the property.

(2)      For the purpose of enabling any order under sub-rule (1) to be carried out, the Court may by the order authorise any person to enter any land or building in the possession of any party.

(3)      Sub-rules (5) and (6) of Rule 2 of this Order shall apply in relation to an application for an order under this Rule as they apply in relation to an application for an order under that Rule.

4. Sale of perishable property, etc.

(1)      The Court may, on the application of any party, make an order for the sale by such person, in such manner and on such terms as may be specified in the order, of any property (other than land) which is the subject matter of the action or as to which any question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other reason it is desirable to sell forthwith.

(2)      Sub-rules (5) and (6) of Rule 2 of this Order shall apply in relation to an application for an order under this Rule as they apply in relation to an application for an order under that Rule.

5. Order for early trial

(1)      Where on the hearing of an application made before the trial of a cause or matter, for an injunction or appointment of a receiver or an order under Rule 2, 3, or 4 of this Order, or it appears to the Court that the matter in dispute can be better dealt with by an early trial than by considering the whole merit thereof for the purposes of the application, the Court may make an order accordingly or may make such order as respects the period before trial as the justice of the case requires.

(2)      Where the Court makes an order for early trial, it shall by the order determine the place and mode of the trial.

6. Recovery of personal property subject to lien, etc.

Where the plaintiff or the defendant by way of counterclaim, claims the recovery of specific property (other than land) and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court, at any time after the claim to be so entitled appears from the pleadings or by affidavit or otherwise to its satisfaction, may order that the party seeking to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the security is claimed and such further sum if any for interests and costs as the Court may direct and that, upon the payment being made, the property claimed be given up to the party claiming it, but subject to the provisions of any law relating to exchange control.

7. Directions

Where an application is made under any of the foregoing provisions of this Order, the Court may give directions as to the further proceedings in the action.

8. Allowance of income of property pendente lite

Where any real or personal property forms the subject matter of any proceedings, and the Court is satisfied that it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all such parties.

ORDER 35

Transfer and consolidation

1. Transfer of cause or matter

A cause or matter may, before evidence is taken and at the request of either party to the suit, be transferred by a Judge before whom the cause or matter is proceeded to another Court of the same Division.

2. Re-assignment of cause or matter

A cause or matter may at any stage of the proceedings be reassigned to another Judge of the same Division or of any other Division by the Chief Judge whether or not the cause or matter is being heard before him.

3. Action by Chief Judge on transfer of cause

If for any reason a Judge hearing a cause or matter, and who has taken any step in the proceedings, considers it necessary either at his own opinion or upon application of any party to the proceedings, to have the cause or matter transferred to another Court, the Judge shall refer the cause or matter to the Chief Judge for such necessary action as the Chief Judge may think expedient.

4. Evidence of part-heard cause or matter

Where a Judge retires or is transferred to another Division and having part-heard a cause or matter which is being re-heard de novo by another Judge, the evidence already given before the retired Judge or the Judge being transferred out of the Division can be read at the rehearing without the witness who had given it being recalled, if the witness is dead or cannot be found, but the onus of establishing that the witness is dead or cannot be found shall lie on the party that wishes to use the evidence.

ORDER 36

Settlement and trial of issues

A – Settlement of issues

1. At or before hearing

At any time before or at the hearing, the Court may, if it thinks fit, on the application of any party or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, and may reduce the questions into writing and settle them in the form of issues which when settled may state questions of law on admitted facts, or questions of disputed facts, or questions partly of the one kind and partly of the other.

2. Court may give directions

The Court may, if it thinks fit, direct the parties to prepare the issues and the issues shall be settled by the Court.

3. When to be settled

The issues may be settled without any previous notice at any stage of the proceedings, at which all the parties are actually present, or at the hearing.

4. Notice to be given

If otherwise, notice shall be given to the parties to attend the settlement of the issues.

5. Court may amend or frame additional issues

At any time before the decision of the case, if it appears to the Court necessary for the purpose of determining the real question or controversy between the parties, the Court may amend the issues or frame additional issues on such terms as to it shall seem fit.

B – Trial of questions and issues

6. Time, etc. of trial of questions or issues

(1)      The Court may order any question or issue arising in a cause or matter, whether of fact or of law, or partly of fact and partly of law, and whether caused by the pleadings or on disagreement as to documents that should be put in evidence or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.

(2)      An order under this Rule may be made on application by a party or by the Court or a Judge in Chambers on its or his own motion.

(3)      Application by any party for the order shall be by motion on notice stating the question or issue sought to be tried.

7. Dismissal of action, etc., after decision of preliminary issue

If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter, or make such other order or give such judgment therein as may be just.

8. Provisions subject to other written laws

This order shall be subject to the provisions of these Rules and any written law binding on the Court regarding transfer of cases.

ORDER 37

Assessor

1. Assessor sitting in Court

Where an assessor sits with a Judge during a trial, he shall only discuss with or advise the Judge on the issue he was co-opted for.

2. Assessor not to write judgment

The assessor shall not write any opinion in form of judgment or order and shall not dissent or concur with the judgment or order the Judge has given.

3. Assessor to give advice only on his subject

An assessor shall in advising the Court limit himself to the issue in which he is an expert on and on which account he was appointed to sit with the Court.

4. Judge not bound to accept his advice

The Judge is not bound to accept and act on the opinion or advice of the assessor.

5. Assessor shall take oath of secrecy

The assessor shall subscribe to judicial oath of secrecy before the Judge or another Judge before assuming his duty.

ORDER 38

Trial proceedings in general

A – Setting down for hearing

1. Time for setting down

The plaintiff shall within fifteen days of the close of pleadings apply to the Registrar for the case to be set down for trial.

2. Application for setting down

An application for setting down shall be in writing and shall contain the following information—

(a)      that the pleadings in the case have closed;

(b)      that all documentary evidence, other than those settled by the Court, have been settled;

(c)      that all interrogatories and discovery have been completed; and

(d)      the number of witnesses the plaintiff intends to call, and the probable length of time the case is expected to take.

3. Defendant may apply for setting down

If the plaintiff fails to make an application under Rule 1 of this Order, the defendant may, within fifteen days after the expiration of the time limited for the plaintiff to make this application, apply to the Registrar for the case to be set down for trial and in that event the provisions of Rule 2 of this Order shall apply mutatis mutandis to his application.

4. Default in applying for setting down

(1)      If neither the plaintiff nor the defendant makes an application under these Rules, the Registrar shall certify that fact to the Court or Judge in Chambers after the time limited for both parties to make the application.

(2)      The Court or Judge in Chambers upon receipt of the certificate of the Registrar shall cause the case to be listed for striking out and the parties to the case shall be so notified.

5. Case to be struck out

(1)      Upon the case coming up for striking out, the Court or the Judge shall strike it out unless good cause is shown why the case should proceed to hearing.

(2)      A plaintiff who does not want his case to be struck out under sub-rule (1) of this rule shall file in Court within three days of the service upon him of the notice of striking out, an affidavit containing the reasons for his failure to comply with rule 1 of this Order.

B – Attendance of parties at hearing

6. Attendance by proxy

(1)      In every cause or matter pending before the Court, in case it appears to the satisfaction of the Court that any party who may not be represented by legal practitioner is prevented by some good or sufficient cause from attending the Court in person, the Court may in its discretion permit any master, servant, clerk or member of the family of that plaintiff or defendant, or officer of the plaintiff or defendant company, who satisfies the Court that he has authority in that behalf, to appear in Court for that party.

Failure to appear by both parties

(2)      If, when the trial of an action is called, neither party appears, the action may be struck out of the list, without prejudice, however, to the restoration thereof, on the direction of a Judge.

7. Default of appearance by defendant at trial

If, when a trial is called on, the plaintiff appears and the defendant does not appear, the plaintiff may prove his claim, so far as the burden of proof lies upon him.

8. Default of appearance by plaintiff

If, when a trial is called on, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action, but if he has a counterclaim, then he may prove such counterclaim, so far as the burden of proof lies upon him but if the defendant admits the cause of action to the full amount claimed, the Court may, if it thinks fit, give judgment as if the plaintiff had appeared.

9. Judgment by default may be set aside on terms

Any judgment obtained where one party does not appear at the trial may be set aside by the Court upon such terms as may seem just, upon an application made within six days after the trial or within such longer period as the Court may allow for good cause shown.

10. Adjournment of trial

The Judge may, if he thinks it expedient for the interest of justice, postpone or adjourn a trial for such time, and upon such terms, if any, as he may think fit.

C – Proceedings at the hearing

11. Judgment to be entered at or after trial

The trial Judge shall, at or after trial, direct judgment to be entered as he thinks right, and no motion for judgment shall be necessary in order to obtain the judgment.

12. Trial with assessors

Trial with assessors shall, where permitted under written law, take place in such a manner and upon such terms as the Court decides.

13. Order of proceedings

The order of proceeding at the trial of a case where pleadings have been filed shall be as prescribed in the following rules.

14. Burden of proof: party to begin evidence

The party on whom the burden of proof is thrown by the nature of the material issues or questions between the parties, according as the Court may determine, shall begin.

15. Summing up

(1)      The party beginning shall produce his evidence and examine his witnesses.

(2)      When a party beginning has concluded his evidence, he shall ask the other party if he intends to call evidence (in which term is included evidence taken by affidavit or deposition, or under commission, and commentary evidence not already read or taken as read) and if answered in the negative, he shall be entitled to sum up the evidence already given, and comment thereon, but if answered in the affirmative, he shall wait for his general reply.

16. Case of other party

When the party beginning has concluded his case, the other party shall be at liberty to state his case and to call evidence, and to sum up and comment thereon.

17. General reply

If no evidence is called or read by the latter party, the party beginning shall have no right to reply, unless he has been prevented from summing up his case by statement of the other party of his intention to call evidence.

18. Case closed

The case on both sides shall then be considered closed.

19. Evidence in reply

If the party opposed to the party beginning calls or reads evidence, the party beginning shall be at liberty to reply generally on the whole case, or he may, by leave of the Court, call fresh evidence in reply to the evidence given on the other side, on points material to the determination of the issues, or any of them, but not on collateral matters.

20. Address thereon

Where evidence in reply is tendered and allowed to be given, the party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall be entitled to the general reply.

21. Documentary evidence

Documentary evidence shall be put in and read, or taken as read by consent.

22. List of exhibits

(1)      The Court clerk shall take charge of every document or object put in as an exhibit during the trial of action and shall mark or label every exhibit with a letter or letters indicating the party by whom the exhibit is put in (or where more convenient, the witness by whom the exhibit is put in) and with a number, so that all the exhibits put in by a party are numbered in one consecutive series.

(2)      The Court clerk shall cause a list of all the exhibits in the action to be made.

(3)      The list of exhibits when completed shall be attached to the pleadings and shall form part of the record of the action.

(4)      For the purpose of this Rule, a bundle of documents may be treated and counted as one exhibit.

(5)      In this Rule, a witness by whom an exhibit is put in includes a witness in the course of whose evidence the exhibit is tendered or admitted.

23. Rejected exhibits

(1)      Where a document or object is tendered as an exhibit and is rejected by the Court, it shall be marked “Rejected”, and shall be retained along with accepted exhibits.

(2)      Where more exhibits than one are rejected in the same action, they shall be numbered serially.

(3)      If the case goes on appeal, a list of the exhibits shall be transmitted to the appeal court.

24. Custody of exhibit after trial

(1)      An exhibit shall not be released, after the trial, to the party who has put it in unless the period during which notice of appeal to the Court of Appeal may be given has elapsed without such notice having been given, and then only if the Judge who presided over the trial (or, in his absence, another Judge) grants leave to release such exhibits on being satisfied—

(a)      that there shall be no appeal;

(b)      that the exhibit shall be kept duly marked and labelled and shall be produced, if required, at the hearing of an appeal in the Court of Appeal (if any such appeal is lodged), or

(c)      that the release of the exhibit shall not in any way prejudice any other party.

(2)      After a notice of appeal to the Court of Appeal has been filed, an exhibit produced at the trial shall not be released by the Court unless leave to release the exhibit is granted by the Court of Appeal.

25. Office copy of list of exhibits

(1)      Any party may apply for, and on payment of the prescribed fee obtain, an office copy of the list of exhibits for the purpose of an appeal to the Court of Appeal.

(2)      Where there is an appeal to the Court of Appeal, an office copy of the list of exhibits shall be included among the documents supplied to that Court for the purpose of the appeal.

26. Where written pleadings not filed or parties are illiterate

(1)      In cases where written pleadings have not been filed or the parties or either of them are incapable of understanding their effect with sufficient accuracy, the proceeding at the hearing shall be varied by the Court so far as may be necessary.

(2)      In particular, the statement of the defendant in defence where he does not admit the whole cause of action, shall be heard immediately after the plaintiff has concluded the statement of his claim and of the grounds thereof, and before any witness is examined, unless in any case the Court otherwise directs.

27. Disallowance of various questions

The Judge may in all cases disallow any question put in cross-examination which may appear to him to be vexatious and not relevant to any matter proper to be inquired into in the action.

ORDER 39

Proceedings in forma pauperis

1. Duration of provisions

The provisions of this Order shall remain in force until statutory provisions are made for legal aid in connection with civil proceedings before the Court and thereupon shall cease to have effect.

2. Who may sue or defend in forma pauperis

The Court or a Judge in Chambers may admit a person to sue or defend in forma pauperis, except in bankruptcy proceedings, if satisfied that his means do not permit him to employ legal aid in the prosecution of his case and that he has reasonable ground for suing or defending, as the case may be.

3. Conditions to be fulfilled

(1)      The application shall, if the Court or a Judge in Chambers so directs, be accompanied by an affidavit signed and sworn by the applicant himself stating that the applicant satisfied the requirements of Rule 2 of this Order as to his means, and setting forth all the material facts on which he relies in his desire to sue or defend, distinguishing between those which are within his personal knowledge and those which he bases on information and belief, and in the latter case, setting forth the sources of his information and belief.

(2)      If the application is in the opinion of the Court or a Judge in Chambers, worthy of commendation it shall be referred to a legal practitioner willing to act and unless the legal practitioner certifies that in his opinion the applicant has a good cause of action or good ground of defence, as the case may be, the application shall be refused.

4. Fees and costs

Court fees payable by a person admitted to sue or defend in forma pauperis may be remitted either in whole or in part as the Court or a Judge in Chambers may seem right and a person so admitted to sue or defend shall not, unless the Court otherwise orders, be liable to pay or be entitled to receive any costs.

5. Assignment of legal practitioner

On granting the application, the Court or a Judge in Chambers may assign to the applicant any legal practitioner willing to be so assigned, and any legal practitioner so assigned shall not be discharged by the applicant except with leave of the Court or of a Judge in Chambers.

6. Procedure to be followed

(1)      Neither the legal practitioner whose opinion is sought nor the legal practitioner assigned to the applicant or any other person shall, except by leave of the Court or of a Judge in Chambers, take or agree to take or seek to obtain any payment whatsoever from the applicant or any other person in connection with the application or the action taken or defended thereunder.

(2)      If the applicant pays or agrees to pay money to any person whatsoever in connection with his application or the action taken or defended thereunder, his application shall be refused or, if already granted, the order granting it shall be rescinded.

(3)      If the legal practitioner assigned to the applicant discovers that the applicant is possessed of means beyond those stated in the affidavit, if any, he shall at once report the matter in writing to the Registrar.

7. Revocation of order, discontinuance, etc.

(1)      The Court or a Judge in Chambers may at any time revoke the order granting the application, and thereupon the applicant shall not be entitled to the benefit of this provision in any proceedings to which the application relates unless otherwise ordered.

(2)      Neither the applicant nor the legal practitioner assigned to him shall discontinue, settle or compromise the action without the leave of the Court or of a Judge in Chambers.

8. Payment to legal practitioner

The Court may order payment to be made to the legal practitioner assigned out of any money recovered by the applicant or may charge in favour of the legal practitioner assigned, upon any property recovered by the applicant, such sum as in all the circumstances may seem fit.

9. Duty of legal practitioner

Every writ, notice or application on behalf of the applicant, except an application for the discharge of his legal practitioner, shall be signed by his legal practitioner who shall take care that no application or notice is made or given without reasonable cause.

10. Appeals

No person shall be permitted to appeal in forma pauperis except by leave of the trial or the appellate court, and then only on grounds of law; but if so permitted the provisions of this Order shall apply mutatis mutandis to all proceedings on the appeal.

ORDER 40

Originating summons proceedings

1. Power to make declarations on summons

A person claiming to be interested under a deed, will, or other written instrument may apply by originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the persons interested.

2. Construction of enactment

A person claiming any legal or equitable right in a case where the determination of the question whether he is entitled to the right depends upon a question of construction of an enactment, may apply by originating summons for the determination of the question of construction and for a declaration as to the right claimed.

3. Service

The Court or Judge in Chambers may direct such persons to be served with the summons as it or he may think fit.

4. Evidence

The application shall be supported by such evidence as the Court or a Judge in Chambers may require.

5. Discretion of Court

The Court or Judge in Chambers shall not be bound to determine any such question of construction if in its or his opinion it ought not to be determined on originating summons.

6. Court may make the order prayed for

The Court by which an originating summons is heard may, if the liability of the defendant to the plaintiff in respect of any claim made by the plaintiff is established, make such order in favour of the plaintiff as the nature of the case may require, but where the Court makes an order under this Rule against a defendant who does not appear at the hearing, the order may be varied or revoked by a subsequent order of the Court on such terms as the Court thinks just.

7. Applications affecting party in default of appearance

Where in an action begun by originating summons an application is made to the Court for an order affecting a party who has failed to enter an appearance, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party was served and is in default of appearance.

8. Counterclaim by defendant

(1)      A defendant to an action begun by originating summons who has entered an appearance to the summons and who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in respect of any matter (whenever and however arising) may, make a counterclaim in the action in respect of that matter instead of bringing a separate action.

(2)      A defendant who wishes to make a counterclaim under this Rule shall at the first or any resumed hearing of the originating summons by the Court but, in any case, at as early a stage in the proceedings as is practicable, inform the Court of the nature of his claim and, without prejudice to the powers of the Court under sub-rule (3) of this Rule, the claim shall be made in such manner as the Court may direct.

(3)      If it appears on the application of the plaintiff against whom a counterclaim is made under this Rule that the subject matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.

ORDER 41

Procedure relating to evidence

1. Witnesses to be examined orally

Subject to the provisions of these Rules and of the Evidence Act, and any other enactment relating to evidence, any fact required to be proved at the trial of an action began by writ, the evidence of witnesses shall be proved by the examination of the witnesses orally and in open Court.

[Cap. E14.]

2. Evidence by affidavits

(1)      The Court or a Judge in Chambers may at or before the trial of an action, order or direct that all or any of the evidence therein shall be given by affidavit.

(2)      An order or direction under this Rule may be made or given on such terms as to the filing and giving of copies of the affidavits or proposed affidavits and as to the production of the deponents for cross-examination as the Court or Judge in Chambers may think fit but, subject to any such terms and to any subsequent order or direction of the Court or a Judge in Chambers, the deponents shall not be subject to cross-examination and need not attend the trial for the purpose.

3. Particular facts

(1)      Without prejudice to Rule 2 of this Order, the Court or a Judge in Chambers may, at or before the trial of an action, order or direct that evidence of any particular fact shall be given at the trial in such a manner as may be specified by the order or direction.

(2)      The power conferred by sub-rule (1) of this Rule extends in particular to ordering or directing that evidence of any particular fact may be given at the trial—

(a)      by statement on oath of information or belief; or

(b)      by the production of documents or entries in books; or

(c)      by copies of documents or entries in books; or

(d)      in the case of a fact which is of a matter of common knowledge, either generally or in a particular district, by the production of a specified newspaper which contains a statement of that fact.

4. Limitation of medical and expert evidence

The Court or a Judge in Chambers may, at or before the trial of an action order or direct that the number of medical or expert witnesses who may be called at the trial shall be limited as specified by the order or direction.

5. Limitation of plans, etc., in evidence

Unless, at or before the trial, the Court or a Judge in Chambers for special reasons otherwise orders or directs, no plan, photograph or model shall be receivable in evidence at the trial of an action unless at least ten days before the commencement of the trial the parties, other than the party producing it, have been given an opportunity to inspect it and to agree to the admission thereof without further proof.

6. Plan and expert evidence in accident actions

In an action, of whatever nature, arising out of an accident on land due to a collision or apprehended collision—

(a)      no plan of the place where the accident happened other than a sketch plan, shall be receivable in evidence unless, at or before the trial, the Court or Judge in Chambers authorises the reception thereof;

(b)      unless, at or before the trial, the Court or Judge in Chambers otherwise orders or directs that oral expert evidence of an engineer sought to be called on account of his skill and knowledge as respects motor vehicles shall not be receivable unless a copy of report from him containing the substance of his evidence has been made available to all parties for inspection.

7. Extension to all proceedings

The preceding provisions of this Order shall apply to trials of issue, references, inquiries and assessments of damages as they apply to the trial of action.

8. Office copies admissible in evidence

Office copies of all writs, records, pleadings and documents filed in the Court shall be admissible in evidence in all causes and matters and between all persons or parties, to the same extent as the original is admissible.

9. Court or Judge in Chambers may order depositions to be taken

(1)      The Court or Judge in Chambers may, in any action where it appears necessary for the purpose of justice, make an order for the examination upon oath before the Court or a Judge in Chambers and at any place, of any witness or person and may empower any party to any such action to give on deposition any evidence therein.

(2)      Any order under sub-rule (1) of this Rule may be made on such terms (including, in particular, terms as to the giving of discovery before the examination takes place) as the Court or Judge in Chambers may think fit.

(3)      The Court or a Judge in Chambers may order the party who has applied for the appointment of an examiner to pay the fees and expenses of the examiner (without prejudice to any question as to the party by whom the costs of the examination should eventually be borne) but, where the examiner is a government servant not entitled to receive fees, the fees shall be paid into revenue.

10. Forms of orders for a commission

An order for a commission to examine witnesses shall be in Form 60 in Appendix 6 to these Rules and the writ of commission shall be in Form 42 in Appendix 6 to these Rules with such variations as circumstances may require.

11. Letters of request

(1)      If in any case the Court or a Judge in Chambers so orders, there shall be issued a request to examine witnesses in lieu of a commission.

(2)      Forms 61 and 62 in Appendix 6 to these Rules shall be used for such order and request respectively, with such variation as circumstances may require.

12. Examination of witnesses abroad

Where an order is made for the issue of a request to examine a witness or witnesses in any foreign country with which a Convention in that behalf has been or shall be made, the following procedure shall be adopted—

(a)      the party obtaining the order shall file in the Registry an undertaking in Form 63 in Appendix 6 to these Rules which Form may be varied as may be necessary to meet the circumstances of the particular case in which it is used;

(b)      the undertaking shall be accompanied by—

(i)       a request in Form 63 in Appendix 6 to these Rules, with such variation as may be directed in the order for the issue thereof, together with a translation of the request in the language of the country in which the same is to be executed;

(ii)      a copy of the interrogatories (if any) to accompany the request, and a translation thereof; and

(iii)     a copy of the cross-interrogatories (if any), and a translation thereof.

13. Form of order of examination of witnesses abroad

Where an order is made for the examination of a witness or witnesses before the Nigerian Diplomatic Agent in any foreign country with which a Convention in that behalf has been or shall be made, such order shall be in Form 65 in Appendix 6 to these Rules which Form of order may be varied as may be necessary to meet the circumstances of the particular case in which it is used.

14. Order for attendance of person to produce

(1)      The Court or a Judge in Chambers may, in any action at any stage of the proceedings, order the attendance of any person for the purpose of producing any writings or other documents named in the order which the Court or Judge in Chambers may think fit to be produced.

(2)      No person shall be compelled to produce under any such order, any writing or other document which he could not be compelled to produce at the hearing or trial.

15. Disobedience to order for attendance

Any person wilfully disobeying any order requiring his attendance for the purpose of being examined or producing any document shall be deemed guilty of contempt of Court, and may be dealt with accordingly.

16. Expenses of persons ordered to attend

Any person required to attend for the purpose of being examined or of producing any document, shall be entitled to payment for expenses and loss of time at a trial in Court.

17. Examiner to have copy of writ and pleadings

Where any witness or person is ordered to be examined before any officer of the Court, or before any person appointed for that purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the court and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties.

18. Examination: how taken

The examination shall take place in the presence of the parties, their legal practitioners, or agents, and the witnesses shall be subject to cross-examination and re-examination and where the parties, their legal practitioners or agents fail to attend, without good cause, the examination may be proceeded with in their absence.

19. Depositions to be taken down in writing, etc.

(1)      The depositions taken before an officer of the Court or before any other person appointed to take the examination, shall be taken down in writing by or in the presence of the examiner, not ordinarily by question and answer, but so as to represent as nearly as may be the statement of the witness and when completed shall be read over to the witness and signed by him in the presence of the parties or such of them as may think fit to attend.

(2)      If the witness refuses to sign the depositions, the examiner shall sign them.

(3)      The examiner may put down any particular question or answer if there appears any special reason for doing so, and may put any question to the witness as to the meaning of any answer or as to any matter arising in the course of the examination.

(4)      Any question which may be objected to shall be taken down by the examiner in the depositions, and he shall state his opinion thereon to the legal practitioners or parties, and shall refer to the statement in the deposition, but he shall not have power to decide upon the materiality or relevancy of any question.

20. Refusal of witnesses to attend or be sworn

If any person duly summoned by subpoena to attend for examination refuses to attend, or if, having attended, he refuses to be sworn or to answer any lawful question, a certificate of the refusal, signed by the examiner, shall be filed at the Registry, and thereupon the party requiring the attendance of the witness may apply to the Court or a Judge in Chambers ex parte or on notice for an order directing the witness to attend, or to be sworn or to answer any question, as the case may be.

21. Objection by witness to question

If any witness objects to any question which may be put to him before an examiner, the question so put and the objection of the witness thereto, shall be taken down by the examiner, and transmitted by him to the Registrar to be filed, and the validity of the objection shall be decided by the Court or a Judge in Chambers.

22. Costs occasioned by refusal or objection

In any case under the two last preceding Rules, the Court or a Judge in Chambers shall have power to order the witness to pay any costs occasioned by his refusal or objection.

23. Depositions to be transmitted to Registry

When the examination of any witness before any examiner has been concluded, the original depositions authenticated by the signature of the examiner, shall be transmitted by him to the registry, and there filed.

24. Special report by examiner

The person taking the examination of a witness under Rule 23 of this Order may, and if need be shall, make a special report to the Court touching the examination and the conduct or absence of any witness or other person thereon, and the Court or a Judge in Chambers may direct such proceedings and make order upon the report as the Court or Judge in Chambers may think just.

25. Depositions not to be given in evidence without consent or by leave of Judge

Except where these Rules otherwise provide or the Court or a Judge in Chambers directs, no deposition shall be given in evidence at the hearing or trial of the action without the consent of the party against whom the same may be offered, unless the Court or Judge in Chambers is satisfied that the deponent is dead, or beyond the jurisdiction of the Court or unable from sickness or other infirmity to attend the hearing or trial, in any of which cases the depositions certified under the hand of the person taking the examination shall be admissible in evidence, saving all just exceptions, without proof of the signature to the certificate.

26. Oaths

Any officer of the Court or other person directed to take the examination of any witness or person or any person nominated or appointed to take the examination of any witness or person pursuant to the provisions of any Convention now made or which may hereafter be made with any foreign country, may administer oaths.

27. Attendance of witness under subpoena for examination or to produce Any party in any action may by subpoena ad testificandum or duces tecum require the attendance of any witness before an officer of the Court or other person appointed to take the examination, for the purpose of using his evidence upon any proceeding in the cause or matter in like manner as such witness would be bound to attend and be examined at the hearing or trial and any party or witness having made an affidavit to be used or which shall be used on any proceeding in the action shall be bound on being served with the subpoena to attend before the officer or person for cross-examination.
28. Practice as to taking evidence at any stage of action

The practice with reference to the examination, cross-examination, and re-examination of witnesses at a trial shall extend and be applicable to evidence taken in any action at any stage.

29. Special directions as to taking evidence

The practice of the Court with respect to evidence at a trial when applied to evidence to be taken before an officer of the Court or other person in any action after the hearing or trial, shall be subject to any special directions which may be given in any action.

30. Notice to use affidavit or depositions at trial

No affidavit or deposition filed or made before issue joined in any action shall, without special leave of the Court or a Judge in Chambers, be received at the hearing or trial thereof, unless within fourteen days after issue joined or within such longer time as may be allowed by special leave of the Court or a Judge in Chambers, notice in writing shall have been given by the party intending to use the same to the opposite party of his intention in that behalf.

31. Evidence in proceedings subsequent to trial

All evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the same cause or matter.

32. Form of praecipe for subpoena

(1)      Where it is intended to issue out a subpoena, a praecipe for that purpose, in Form 84 in Appendix 6 to these Rules, containing the name or firm and the place of business or residence of the legal practitioner intending to issue out the same, and where the legal practitioner is an agent only, then also the name or firm and place of business or residence of the principal legal practitioner, shall in all cases be delivered and filed at the Registry.

(2)      No subpoena shall be issued unless all court fees have been paid (including fee for service) and unless sufficient conduct money on the prescribed scale is deposited to cover the first day’s attendance.

33. Form or writ of subpoena

A writ of subpoena shall be in one of Forms 39, 40 or 41 in Appendix 6 to these Rules, with such variations as circumstances may require.

34. Subpoena for attendance of witness in Chambers

Where a subpoena is required for the attendance of a witness for the purpose of proceedings in Chambers, the subpoena shall issue from the Registry upon a note from the Judge.

35. Correction of errors in subpoena

In the interval between the issuing out and service of any subpoena, the party issuing out the same may correct any error in the names of parties or witnesses, and may have the writ resealed upon leaving a corrected praecipe of the subpoena marked with the words “altered and re-sealed”, and signed with the name and address of the legal practitioner issuing out the same.

36. Service of subpoena

(1)      A subpoena shall be served personally unless substituted service has been ordered by the Court or a Judge in Chambers in cases where a person evades service.

(2)      The provisions of Order 13 of these Rules shall, so far as possible, apply to service and proof of service of a subpoena.

37. Duration of subpoena

Any subpoena shall remain in force from the date of issue until the conclusion of the trial of the action or matter in which it is issued.

38. Facilities for proving deeds, etc.

(1)      Any party desiring to give in evidence any deed or other instrument which shows upon the face of it that it has been duly executed, may deliver to the opposite party not less than four clear days before the return day a notice in writing specifying the date, nature and party to the deed or instrument, and requiring the opposite party to admit that the same was executed as it purports to have been, saving all just exceptions as to its admissibility, validity and contents.

(2)      If at or before the hearing of the suit the party notified neglects or refuses to give the admission, the Court may adjourn the hearing in order to enable the party tendering the deed or instrument to obtain proof of the due execution thereof, and upon production of such proof the Court may order the costs of the proof, to be paid by the party so neglecting or refusing, whether he be the successful party or not.

39. Obtaining evidence for foreign tribunal

Where any civil or criminal matter is pending before a court or tribunal of a foreign country, and it is made to appear to the Court by commission rogatoire, or letter of request, or other sufficient evidence that such court or tribunal is desirous of obtaining the testimony in relation to the matter of any witness or witnesses within the jurisdiction, the Court may, on the ex parte application of any person shown to be duly authorised to make the application on behalf of the foreign court or tribunal, and on production of the commission rogatoire, or letter of request, or such other evidence as the Court may require or consider sufficient, make such order or orders as may be necessary to give effect to the intention of the commission rogatoire, or letter of request.

40. Banker’s book: Court may order inspection

(1)      On the application of any party to a legal proceeding, the Court may order that the party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of the proceeding.

(2)      An order under this Rule may be made either with or without summoning the bank or any other party and shall be served on the bank three days before the same is to be obeyed, unless the Court otherwise directs.

ORDER 42

Judgments and orders

1. Delivery of judgments in open court

The decision or judgment in any suit shall be delivered in open court, unless the Court otherwise directs for sufficient cause.

2. Notice when judgment reserved

If the Court reserves judgment at the hearing, parties to the suit shall be served with notice to attend and hear judgment, unless the Court at the hearing states the day on which judgment will be delivered, in which case there shall be no further notice.

3. When parties deemed to have had notice

All parties shall be deemed to have notice of the decision or judgment if pronounced at the hearing, and all parties served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounced.

4. Minutes of judgment: its effect

(1)      A minute of every judgment, whether final or interlocutory, shall be made, and every such minute shall be a decree of the Court, and shall have the full force and effect of a formal decree.

(2)      A formal decree or order may be drawn up on the application of either party.

5. Where set-off allowed

(1)      If the defendant has been allowed to set-off any demand or counterclaim against the claim of the plaintiff, the judgment shall state what amount is due to the plaintiff, and what amount, if any, is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party.

(2)      The judgment of the Court, with respect to any sum awarded to the defendant, shall have the same effect, and be subject to the same rules, as if the sum had been claimed by the defendant in a separate suit against the plaintiff.

6. Decree to be obeyed without demand

A person directed by a decree or order to pay money or do any other act is bound to obey the decree or order without any demand for payment or performance, and if no time is therein expressed, he is bound to do so immediately after the decree or order has been made (except as to costs the amount whereof may require to be ascertained by taxation), unless the Court enlarges the time by any subsequent order.

7. Court may direct time for payment or performance and interest

The Court at the time of making any judgment or order or at any time afterwards, may direct the time within which the payment or other act is to be made or done, reckoned from the date of the judgment or order or from some other point of time as the Court thinks fit, and may order interest at a rate not exceeding ten naira per centum per annum to be paid upon any judgment, commencing from the date thereof or afterwards, as the case may be.

8. Payment by instalments

(1)      When any judgment or order directs the payment of money, the Court may, for any sufficient reason, order that the amount shall be paid by instalments, with or without interests.

(2)      The order may be made at the time of giving judgment or at any time afterwards and may be rescinded upon sufficient cause at any time.

9. Date of order: when drawn

Every order, if and when drawn up, shall be dated the day of the week, month and year on which the same was made, unless the Court or a Judge in Chambers otherwise directs and shall take effect accordingly.

10. What orders need not be drawn up

(1)      Where an order has been made not embodying any special terms, nor including any special directions, but simply enlarging time for taking any proceeding or doing any act, or giving leave for—

(a)      the issue of any writ other than a writ of attachment;

(b)      the amendment of any writ or pleadings;

(c)      the filing of any document; or

(d)      any act to be done by an officer of the Court other that a legal practitioner,

it shall not be necessary to draw up the order unless the Court or a Judge in Chambers otherwise directs, but the production of a note or memorandum of that order signed by a Judge shall be sufficient authority for the enlargement of time, issue, amendment, filing or other act.

(2)      A direction that the costs of such order shall be costs in any cause or matter shall not be deemed a special direction within the meaning of this Rule.

11. Filing of orders

(1)      Orders, other than final orders, shall not be entered after being drawn up but shall be filed and a note of the filing shall be made in a book kept for the purpose.

(2)      Every order so filed shall be deemed to be duly entered and the date of the filing shall be deemed the date of entry.

(3)      In the case of procedure orders drawn up in Chambers, no entry thereof shall be necessary before an attachment can be issued for disobedience thereof.

ORDER 43

Writ of execution: General

1. Definition

In this Order, unless the context otherwise requires “writ of execution” includes a writ of fieri facias, a writ of possession, a writ of delivery, a writ of sequestration and any further writ in aid of any of the aforementioned writs.

2. When leave to issue any writ of execution is necessary

(1)      A writ of execution to enforce a judgment or order may not issue without the leave of the Court in the following cases, that is to say where—

(a)      six years or more have elasped since the date of the judgment or order;

(b)      any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order;

(c)      the judgment or order is against the assets of a deceased person coming to the hands of his executors or administrators after the date of the judgment or order, and it is sought to issue execution against the assets;

(d)      under the judgment or order any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled;

(e)      any goods sought to be seized under a writ of execution are in the hands of a receiver appointed by the Court or a sequestrator.

(2)      Sub-rule (1) of this Rule is without prejudice to any enactment or rule by virtue of which a person is required to obtain the leave of the Court for the issue of a writ of execution or to proceed to execution on or otherwise to the enforcement of a judgment or order.

(3)      Where the Court grants leave, whether under this Rule or otherwise, for the issue of a writ of execution and the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.

3. Leave required for issue of writ in aid of other writ

A writ of execution in aid of any other writ of execution shall not issue without the leave of the Court.

4. Application for leave to issue writ

(1)      An application for leave to issue a writ of execution may be made ex parte unless the Court directs it to be made by summons.

(2)      Such an application shall be supported by an affidavit—

(a)      identifying the judgment or order to which the application relates and, if the judgment or order is for the payment of money, stating the amount originally due thereunder and the amount due thereunder at the date of the application;

(b)      stating, where the case falls within Rule 2 (1) (a) of this Order, the reasons for the delay in enforcing the judgment or order;

(c)      stating, where the case falls within Rule 2 (1) (b) of this Order, the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order;

(d)      stating, where the case falls within Rule 2 (1) (c) or (d) of this Order, that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that he has refused or failed to do so;

(e)      giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to execution on the judgment or order in question and that the person against whom it is sought to issue execution is liable to execution on it.

(3)      The Court hearing the application may grant leave in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.

5. Application for leave to issue writ of sequestration

(1)      Notwithstanding anything in Rules 2 and 4 or this Order, an application for leave to issue a writ of sequestration shall be made to a Judge by motion.

(2)      Subject to sub-rule (3) of this Rule, the notice of motion, stating the grounds of the application, shall be served personally on the person against whose property it is sought to issue the writ.

(3)      The Judge hearing an application for leave to issue a writ of sequestration may sit in private in any case in which there is an application to the Judge to sit in private, if the application were for an order.

6. Issue of writ of execution

(1)      The issue of a writ of execution takes place on its being scaled by an officer of the appropriate office.

(2)      A praecipe for the issue of a writ shall be filed before the writ is issued.

(3)      The praecipe shall be signed by or on behalf of the solicitor of the person entitled to execution or if that person is acting in person, by that person.

(4)      No such writ shall be sealed unless at the time of the tender thereof for sealing—

(a)      the person tendering it produces—

(i)       the judgment or order on which the writ is to issue, or an office copy thereof;

(ii)      where the writ may not issue without the leave of the Court, the order granting the leave or evidence of the granting of it;

(b)      the officer authorised to seal it is satisfied that the period, if any, specified in the judgment or order for the payment of any money or the doing of any other act thereunder has expired.

(5)      Every writ of execution shall bear the date of the day on which it is issued.

(6)      In this Rule “the appropriate office” means—

(a)      where the cause or matter in which execution is to issue is proceeding in a Division Registry, that Registry;

(b)      where that cause or matter is an admiralty cause or matter which is not proceeding in a Registry, the admiralty Registry;

(c)      in any other case, the Court Registry.

7. Duration and renewal of writ of execution

(1)      For the purpose of execution, a writ of execution is valid in the first instance for twelve months beginning with the date of its issue.

(2)      Where a writ has not been wholly executed, the Court may by order extend the validity of the writ from time to time for a period of twelve months at any time beginning with the day on which the order is made, if an application for extension is made to the Court before the day next following that on which the writ would otherwise expire or such later day, if any, as the Court may allow.

(3)      Before a writ, the validity of which had been extended under this Rule, is executed, either the writ shall be sealed with the seal of the office out of which it was issued showing the date on which the order extending its validity was made, or the applicant for the order shall serve a notice sealed as aforesaid, on the sheriff to whom the writ is directed informing him of the making of the order and the date thereof.

(4)      The production of a writ of execution, or of the notice as is mentioned in sub-rule (3) of this Rule purporting in either case can be sealed as mentioned in that sub-rule, shall be evidence that the validity of that writ, or, as the case may be, of the writ referred to in that notice, has been extended under this Rule.

8. Return of writ of execution

(1)      Any party at whose instance a writ of execution was issued may, serve a notice on the sheriff to whom the writ was directed requiring him within such time as may be specified in the notice, to endorse on the writ a statement of the manner in which he has executed it and to send to that party a copy of the statement.

(2)      If a sheriff on whom such notice is served fails to comply with it, the party by whom it was served may apply to the Court for an order directing the sheriff to comply with the notice.

ORDER 44

Garnishee proceedings

1. Attachment of debt due to judgment debtor

(1)      Where a person (in this Order referred to as “the judgment creditor”) has obtained a judgment or order for the payment by some other person (in this Order referred to as “the judgment debtor”) of a sum of amounting in value to at least ₦100, not being a judgment or order for the payment of money into Court, and any other person within the jurisdiction (in this Order referred to as “the garnishee”) is indebted to the judgment debtor, the Court may, subject to the provisions of this Order and of any enactment, order the garnishee to pay the judgment creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or as much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings.

(2)      An order under this Rule shall in the first instance be an order to show cause, specifying the time and place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in sub-rule (1) or so much therefor as may be specified in the order, to answer the judgment or order mentioned in that and the costs of the garnishee proceedings.

(3)      An order under this Rule shall not require a payment which would reduce below ₦5 the amount standing in the name of the judgment debtor in an account with a building society or a credit union.

2. Application for order

An application for an order under Rule 1 of this Order shall be made ex parte supported by an affidavit—

(a)      stating the name and last known address of the judgment debtor;

(b)      identifying the judgment or order to be enforced and stating the amount of the judgment or order and the amount remaining unpaid under it at the time of the application;

(c)      stating that to the best of the information or belief of the deponent the garnishee (naming him) is within the jurisdiction and is indebted to the judgment debtor and stating the sources of the deponent as information or the grounds for his belief; and

(d)      stating, where the garnishee is a deposit-taking institution having more than one place of business, the name and address of the branch at which the judgment debtor’s account is believed to be held and the number of that account or, if it be the case, that all or part of this information is not known to the deponent.

3. Service and effect of order to show cause

(1)      Unless the Court otherwise directs, an order under Rule 1 of this Order to show cause shall be served—

(a)      on the garnishee personally, at least fifteen days before the day appointed thereby for the further consideration of the matter; and

(b)      on the judgment debtor, at least seven days after the order has been served on the garnishee and at least seven days before the day appointed for the further consideration of the matter.

(2)      An order under Rule 1 of this Order shall bind in the hands of the garnishee as from the service of the order on him any debt specified in the order or so much thereof as may be so specified.

4. No appearance or dispute of liability by garnishee

(1)      Where on the further consideration of the matter, the garnishee does not attend or does not dispute the debt due or claimed to be due from him to the judgment debtor, the Court may make an order absolute under Rule 1 of this Order against the garnishee.

(2)      An order absolute under Rule 1 of this Order against the garnishee may be enforced in the same manner as any other order for the payment of money.

5. Dispute of liability of garnishee

Where on the further consideration of the matter, the garnishee disputes liability to pay the debt due or claimed to be due from him to the judgment debtor, the Court may summarily determine the question at issue or order that any question necessary for determining the liability of the garnishee be tried, without, if it orders trial before a matter, the need for any consent by the parties.

6. Claims of third persons

If in garnishee proceedings it is brought to the notice of the Court that some other person than the judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge upon it, the Court may order that person to attend before the Court and state the nature of his claim with particulars thereof.

7. Discharge of garnishee

Any payment made by a garnishee in compliance with an order absolute under this Order, and any execution levied against him in pursuance of such an order, shall be a valid discharge of liability to the judgment debtor to the extent of the amount paid or levied notwithstanding that the garnishee proceedings are subsequently set aside or the judgment or order from which they arose is reversed.

ORDER 45

Habeas corpus proceedings

1. Habeas corpus ad subjiciendum

Where a person is alleged to be wrongfully detained, an application may be made for an order that he be produced in Court for the purpose of being released from detention.

2. Application for leave

(1)      No application under Rule 1 of this Order shall be made unless leave therefor has been granted in accordance with this Rule.

(2)      Application for such leave shall be made ex parte to the Court and shall be supported by a statement setting out the name and description of the applicant, the relief sought and the grounds on which it is sought and it shall also be supported by an affidavit verifying the facts relied on.

(3)      The affidavit verifying the facts relied on in making the application shall be made by the person detained, but where the person detained is unable owing to the detention to made the affidavit, the application shall be accompanied by an affidavit to the like effect made by same other person, which shall also state that the person detained is unable to make the affidavit himself.

(4)      The applicant shall file, in the Court, the application for leave not later than the day preceding the date of hearing, and shall at the same time lodge in the Court enough copies of the statement and affidavit for service on any party or parties as the Court may order.

(5)      The Court or Judge in Chambers may, in granting leave, impose such terms as to giving security for costs as it or he thinks fit.

(6)      The Court or Judge in Chambers may—

(a)      make an order forthwith for the release of the person being detained, the provision of sub-rule (1) of this Rule notwithstanding;

(b)      direct that an originating summons be issued in Form 2 of the Fundamental Rights (Enforcement Procedure) Rules or that the application be made by notice of motion in Form 3 of the Fundamental Rights (Enforcement Procedure) Rules; or

(c)      adjourn the ex parte application so that notice thereof may be given to the person against whom the order for the release of the person detained is sought.

(7)      The summons or notice of motion shall be served on the person against whom the order for the release of the person detained is sought and on such other persons as the Court or Judge in Chambers may direct, and, unless the Court or Judge in Chambers otherwise directs, there shall be at least five clear days between the service of the summons or motion and the date named therein for the hearing of the application.

(8)      Every party to an application under Rule 1 of this Order shall supply to every other party copies of the affidavits which he proposes to use at the hearing of the application.

3. Producing person detained in Court

(1)      Without prejudice to Rule 2 (6) of this Order, the Court or Judge in Chambers hearing the application may, in its or his discretion, order that the person detained be produced in Court.

(2)      An order under sub-rule (1) of this Rule shall be a sufficient warrant to any superintendent of a prison, police officer in charge of a police station, police officer or constable in charge of the person detained or any other person responsible for his detention, for the production in Court of the person detained.

(3)      Where an order is made for the production of a person detained, the Court or Judge in Chambers by whom the order is made shall give directions as to the Court or Judge before whom, and the date on which, the order is returnable.

4. Service of order

(1)      Subject to sub-rules (2) and (3) of this Rule, an order for production of the person detained shall be served personally on the person to whom it is directed.

(2)      If it is not possible to serve the order personally or if it is directed to a police officer, or a prison superintendent or other public official, it shall be served by leaving it with any other person or official working in the office of the police officer or the prison or office of the superintendent or the office of the public official to whom the order is directed.

(3)      If the order is made against more than one person, the order shall be served in the manner provided by the rule on the person first named in the order and copies shall be served on each of the other persons in the same manner.

(4)      There shall be served with the order (in Form in the Fundamental Rights (Enforcement) Rules) for the production of the person detained a notice (in Form 5 in the Fundamental Rights (Enforcement Procedure) Rules stating the Court or Judge in Chambers before whom and the date on which the person detained is to be brought.

5. Return to the order for release

(1)      The return to an order for the release of a person detained shall be endorsed on or annexed to the order and shall state all the causes or justifications of the detainer of the person detained.

(2)      The return may be amended or another return substituted therefor by leave of the Court or Judge in Chambers before whom the order is returnable.

6. Procedure at hearing

(1)      When a return to the order has been made, the return shall first be read in open court and an oral application then made for discharging or remanding the person detained or amending or quashing the return, and where that person is brought up in Court in accordance with the order, his legal representative shall be heard first, then the legal representative for the State or for any other official or person detaining him.

(2)      The legal representative for the person detained will then be heard in reply.

7. Order to be clear

An order for the release of a person detained shall be made in clear and simple terms having regard to all the circumstances.

8. Bringing up prisoner to give evidence, etc.

(1)      An application for a writ of habeas corpus ad testificandum or of habeas corpus ad respondendum shall be made on affidavit.

(2)      An application for an order to bring up a prisoner, otherwise than by writ of habeas corpus, to give evidence in any cause or matter, civil or criminal before any court, tribunal or justice, shall be made on affidavit.

9. Form of writ

A writ of habeas corpus shall be in Form 85, 86 or 87 in Appendix 6 to these Rules, whichever is appropriate.

ORDER 46

Committal for contempt of court

1. Committal for contempt of court

(1)      The power of the Court to punish for contempt of court may be exercised by an order of committal.

(2)      An order of committal may be made by the Court where contempt of court—

(a)      is committed in connection with—

(i)       any proceedings before the Court;

(ii)      criminal proceedings;

(b)      is committed in the face of the Court, or consists of disobedience to an order of the Court or a breach of an undertaking to the Court; or

(c)      is committed otherwise than in connection with any proceedings.

2. Application to Court

(1)      An application for an order of committal shall be made to the Court by motion on notice supported by an affidavit and shall state the grounds of the application.

(2)      The notice of motion, affidavit and grounds shall be served personally on the person sought to be committed but the Court may dispense with personal service where the justice of the case so demands.

3. Saving for power to commit without application for the purpose

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order of committal of its own motion against a person guilty of contempt of court.

4. Provisions as to hearing

(1)      Subject to sub-rule (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say where—

(a)      the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant or rights of access to an infant;

(b)      the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder;

(c)      the application arises out of proceedings in which a secret process, discovery or invention was in issue;

(d)      it appears to the Court that in the interests of the administration of justice or for reasons of national security the application should be heard in private, but except as aforesaid, the application shall be heard in open court.

(2)      If the Court hearing an application in private by virtue of sub-rule (1) of this Rule decides to make an order of committal against the person sought to be committed, it shall in open court state—

(a)      the name of that person;

(b)      in general terms the nature of the contempt of court in respect of which the order of committal is being made; and

(c)      if he is being committed for a fixed period, the length of that period.

(3)      Except with the leave of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds set out in the statement under Rule 2 of this Order.

(4)      If on the hearing of the application the person sought to be committed expresses a wish to give oral evidence on his own behalf he shall be entitled to do so.

5. Contempt in face of court: saving for

The foregoing provisions are without prejudice to the powers of the Court to commit for contempt committed in the face of the Court.

6. Power to suspend execution of committal order

(1)      The Court by whom an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

(2)      Where execution of an order of committal is suspended by an order under sub-rule (1) of this Rule, the applicant for the order of committal shall, unless the Court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that sub-rule.

7. Discharge of person committed

(1)      The Court may, on the application of any person committed to prison for any contempt of court, discharge him.

(2)      Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in Court or elsewhere, and a writ of sequestration has also been issued to enforce that judgment or order, then, if the thing is in the custody or power of the person committed, the sheriff may take possession of it as if it were the property of that person and, without prejudice to the generality of sub-rule (1) of this Rule, the Court may discharge the person committed and may give such directions for dealing with the thing taken by the sheriff as it thinks fit.

8. Saving for other powers

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court, or a person punishable by virtue of any enactment in like manner as if he had been guilty of contempt of Court, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.

9. Return

(1)      Every writ of attachment issued in a case to which this Order applies shall be made returnable before the Court.

(2)      If a return of non est inventus is made, one or more writs may be issued on the return of the previous writ.

ORDER 47

Application for judicial review

1. Cases appropriate for application for judicial review

(1)      An application for—

(a)      anorderofmandamus, prohibition or certiorari; or

(b)      an injunction restraining a person from acting in any office in which he is not entitled to act,

shall be made by way of an application for judicial review in accordance with the provisions of this Order.

(2)      An application for a declaration or an injunction (not being an injunction mentioned in sub-rule (1) (b) of this Rule) may be made by way of an application of judicial review and on such an application, the Court may grant the declaration or injunction claimed if it considers that having regard to—

(a)      the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari;

(b)      the nature of the persons and bodies against whom relief may be granted by way of such an order; and

(c)      all the circumstances of the case,

it would be just and convenient for the declaration or injunction to be granted on an application for judicial review.

2. Joinder of claims for relief

On an application for judicial review, any relief mentioned in Rule 1 (1) or (2) of this Order may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of or relates to or is connected with the same matter.

3. Grant of leave to apply for judicial review

(1)      No application for judicial review shall be made unless the leave of the Court has been obtained in accordance with this Rule.

(2)      An application for leave shall be made ex parte to the Court, except during vacation when it may be made to a Judge in Chambers and shall be supported by—

(a)      a statement, setting out the name and description of the applicant, the relief sought and the grounds on which it is sought; and

(b)      affidavit to be filed with the application, verifying the facts relied on.

(3)      The applicant shall file the application not later than the day before the motion is heard and shall at the same time lodge copies of the statement and every affidavit in support.

(4)      The Court hearing an application for leave may allow the applicant’s statement to be amended, whether by specifying different or additional grounds or relief or otherwise on such terms, if any, as it think fit.

(5)      The Court shall not grant leave unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

(6)      Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgment, order, conviction or other proceedings which is subject to appeal and a time is limited for the bringing of the appeal, the Court may adjourn the application for leave until the appeal is determined or the time for appealing has expired.

(7)      If the Court grants leave, it may impose such terms as to costs and as to giving security as it thinks fit.

(8)      Where an application for leave is refused by a Judge in Chambers, the applicant may after the period of vacation make a fresh application on notice to the Court.

(9)      An application to a Judge in Court under sub-rule (8) of this Rule shall be made within 10 days after the Judge’s refusal to give leave.

(10)    Where leave to apply for judicial review is granted, then—

(a)      if the relief sought is an order of prohibition or certiorari and the Court so directs, the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Court otherwise orders;

(b)      if any other relief is sought, the Court may at any time grant in the proceedings such interim relief as could be granted in an action begun by writ.

4. Delay in applying for relief

(1)      Subject to the provisions of this Rule, where in any case the Court considers that there has been undue delay in making an application for judicial review or, in a case to which subrule (2) of this Rule applies, the application for leave under Rule 3 of this Order is made after the relevant period has expired, the Court may refuse to grant—

(a)      leave for the making of the application; or

(b)      any relief sought on the application,

if in the opinion of the Court the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.

(2)      In the case of an application for an order of certiorari to remove any judgment, order, conviction or other proceeding for the purpose of quashing it, the relevant period for the purpose of sub-rule (1) of the Rule is three months after the date of the proceeding.

(3)      Sub-rule (1) of this Rule is without prejudice to any statutory provision which has the effect of limiting the time within which an application for judicial review may be made.

5. Mode of applying for judicial review

(1)      Subject to sub-rule (2) of this Rule, when leave has been granted to make an application for judicial review, the application shall be made by originating motion, except during vacation when it may be made by originating summons to a Judge in Chambers.

(2)      Where leave has been granted and the Court or Judge in Chambers so directs, the application may be made by motion to a Judge sitting in open court or, by originating summons to a Judge in Chambers.

(3)      The notice of motion or summons shall be served on all persons directly affected and where it relates to any proceedings in or before a Court and the object of the application is either to compel the Court or an officer of the Court to do any act in relation to the proceedings or to quash them or any order made therein, the notice of summons shall also be served on the clerk or registrar of the Court and, where any objection to the conduct of the Judge is to be made, on the Judge.

(4)      Unless the Court granting leave has otherwise directed, there shall be at least ten days between the service of the notice of motion or summons and the day named therein for the hearing.

(5)      A motion shall be entered for hearing within fourteen days after the grant of leave.

(6)      An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of motion or summons, shall be filed before the motion or summons is entered for hearing and, if any person who ought to be served under this Rule has not been served, the affidavit shall state that fact and the reason for it, and the affidavit shall be before the Court on the hearing of the motion or summons.

(7)      If on the hearing of the motions or summons the Court is of opinion that any person who ought, whether under this Rule or otherwise, to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the notice or summons may be served on that person.

6. Statements and affidavits

(1)      Copies of the statement in support of an application for leave under Rule 3 of this Order shall be served with the notice of motion or summons and, subject to sub-rule (2) of this Rule, no grounds shall be relied upon or any relief set out in the statement.

(2)      The Court may on the hearing of the motion or summons allow the applicant to amend his statement whether by specifying different or additional grounds of relief or otherwise, on such terms, if any, as it thinks fit and may allow further affidavits to be used if they deal with new matters arising out of an affidavit of any other party to the application.

(3)      Where the applicant intends to ask to be allowed to amend his statement or to use further affidavits, he shall give notice of his intention and of any proposed amendment to every other party.

(4)      Each party to the application shall supply to every other party on demand and on payment of the proper Court charges, copies of every affidavit which he proposes to use at the hearing, including, in the case of the applicant, the affidavit in support of the application for leave under Rule 3 of this Order.

7. Claim for damages

On an application for judicial review, the Court may, subject to sub-rule (2) of this Rule, award damages to the applicant if—

(a)      he has included in the statement in support of his application for leave under Rule 3 of this Order a claim for damages arising from any matter to which the application relates; and

(b)      the Court is satisfied that if the claim had been made in an action begun by the applicant at the time of making his application, he could have been awarded damages.

8. Application for discovery, interrogatories, cross-examination, etc.

Unless the Court otherwise directs, any interlocutory application in proceedings on an application for judicial review may be made to any Judge notwithstanding that the application for judicial review has been made by motion and is to be heard by the Court.

9. Hearing of application for judicial review

(1)      On the hearing of any motion or summons under Rule 5 of this Order, any person who desires to be heard in opposition to the motion or summons and appears to the Court to be a proper person to be heard, shall be heard, notwithstanding that he has not been served with notice of the motion or the summons.

(2)      Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of the motion or summons he has filed a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the Court hearing the motion or summons.

(3)      Where an order of certiorari is made in any such case as is referred to in sub-rule (2) of this Rule, the order shall, subject to sub-rule (4), direct that the proceedings shall be quashed forthwith on their removal into the Court.

(4)      Where the relief sought is an order of certiorari and the Court is satisfied that there are grounds for quashing the decision to which the application relates, the Court may, in addition to quashing it, remit the matter to the court, tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Court.

(5)      Where the relief sought is a declaration, an injunction or damages and the Court considers that it should not be granted on an application for judicial review but might have been granted if it had been sought in an action begun by writ by the applicant at the time of making his application, the Court may, instead of refusing the application, order the proceedings to continue as if they had been begun by writ.

10. Saving for person acting in obedience to mandamus

No action or proceeding shall be begun or prosecuted against any person in respect of anything done in obedience to an order of mandamus.

11. Consolidation of applications

Where there is more than one application pending against several persons in respect of the same matter, and on the same grounds, the Court may order the applications to be consolidated.

ORDER 48

Appeals and applications under the Trade Marks Act and Patents and Designs Act

A – General

1. Application of General Procedure Rules

(1)      The rules under the General Procedure Rules shall apply with necessary modifications where there are no specific rules under this Order.

(2)      Every appeal or application to the Court under this Order shall be begun by originating motion.

(3)      Notice of the motion by which any appeal or application is made shall be served on the Registrar.

Appeal from Registrar

(4)      Where the Registrar refers to the Court an application made to him under the Trade Marks Act or the Patents and Designs Act, as the case may be, unless within one month after receiving notification of the decision to refer, the applicant makes to the Court the application referred to it by the Registrar, the applicant shall be deemed to have abandoned the application.

2. Notice of motion, etc.

(1)      Every notice of motion by which an appeal is brought shall state the grounds of the appeal and if the appeal is against a judgment, an order or any other decision of the Registrar, the notice shall state whether the appeal is against the whole or a part of the decision, and if against part only, shall specify the part.

(2)      The notice shall be served, and the appeal entered within thirty days after the date of the order, determination or other decision against which the appeal is brought.

(3)      The period specified in sub-rule (2) of this Rule shall be calculated from the date in which notice of the decision, or in a case where a statement of the grounds for a decision was given later than that notice, on which the statement was given to the appellant by the person who made the decision or by a person authorised in that behalf to do so.

(4)      The filing of an appeal under this Order shall not operate as a stay of proceedings on the judgment, determination or other decision against which the appeal is brought, unless the Court by which the appeal is to be heard so orders.

3. Time within which appeal may be heard

Unless the Court otherwise directs, an appeal under this Order shall not be heard sooner than 21 days after service of notice of the motion by which the appeal is brought.

4. Amendment of notice of motion

(1)      The notice of the motion by which an appeal is brought may be amended by the appellant without leave, by supplementary notice served not less than seven days before the day appointed for the hearing of the appeal, on each person on whom the notice to be amended was served.

(2)      Except with the leave of the Court hearing any such appeal, no grounds other than those stated in the notice of the motion by which the appeal is brought or any supplementary notice under sub-rule (1), may be relied upon by the appellant at the hearing but the Court may amend the grounds so stated or make any other order, on such terms as it thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

5. Power of Court of Appeal

(1)      Upon the first hearing of the motion, the Court shall give directions as to the procedure of appeal.

(2)      The Court shall have power to receive further evidence on questions of fact, and the evidence may be given in such manner as the Court may direct, either by oral examination in court, by affidavit, by deposition taken before an examiner or in any other manner.

(3)      The appellant shall apply to the Registrar for a signed copy of any note made to him of the proceedings and furnish the copy to the Court for the use of the Court; and in default of production of any such note, or if the note is incomplete, in addition to the note, the Court may hear and determine the appeal on any other evidence or statement of what occurred in those proceedings as appears to the Court to be sufficient.

(4)      That Court may give any judgment or decision or make any order which ought to have been given or made by the Registrar, and make such further or other order as the case may require or may remit the matter with the opinion of the Court for re-hearing and determination by the Registrar.

(5)      That Court may, in special circumstances, order such security to be given for the costs of the appeal as may be just.

(6)      The Court shall not allow an appeal on the ground merely of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court, substantial wrong or miscarriage of justice has been occasioned thereby.

(7)      Where an appeal is against the refusal of a trade mark application by the Registrar, the Registrar shall appear or be represented and be heard in the proceedings on the appeal.

6. Reference by the Registrar

(1)      The Registrar—

(a)      may at his option refer any application; or

(b)      shall refer any application where the issue refers to a question of law,

to the Court for determination.

(2)      Any reference made under sub-rule (1) to the Court shall be made by originating motion and shall be served on every party to the proceedings to which the application relates.

(3)      The notice of motion shall state the grounds of the application, the question of law for determination, the contentions of the Registrar and of other parties if any, on the question of law to which the reference relates and other relevant matters.

(4)      Unless the Court otherwise directs, the motion shall not be heard sooner than fourteen days after service of notice thereof on all parties concerned.

(5)      The Registrar shall appear or shall be represented and be heard in the proceedings of a matter referred to the Court.

B – Trade Marks

7. Procedure for action on infringement of registered trade mark

(1)      Every action for infringement of a registered trade mark shall be commenced by a writ of summons as provided in Order 5 of these Rules.

(2)      Where in any proceedings a claim is made for relief for infringement of the right to the use of a registered trade mark, the party against whom the claim is made may in his defence, put in issue the validity of the registration of that trade mark or may counterclaim for an order that the Register of Trade Marks be rectified by cancelling or varying the relevant entry or both.

(3)      A party to any such proceedings who in his pleadings (whether a defence or counterclaim) disputes the validity of the registration of a registered trade mark shall serve along with the pleadings, particulars of the objections to the validity of the registration on which he relies in support of the allegation of invalidity.

(4)      A party to any such proceedings who counterclaims for an order that the Register of Trade Marks be rectified shall serve on the Registrar of Trade Marks, a copy of the counterclaim together with a copy of the particulars mentioned in sub-rule (2); and the Registrar of Trade Marks shall take part in the proceedings as he may think fit but may not serve a defence or other pleadings unless ordered to do so by the Court.

C – Patents and designs

8. Procedure for nullification of patent or design

(1)      An application for the nullification of a patent or a design, as the case may be, shall be by petition.

(2)      The respondent to a petition shall serve an answer to the petition within 21 days after service of the petition on him.

(3)      A petitioner shall serve along with his petition or other pleadings, particulars of the objections to the validity of the patent or design on which he relies.

(4)      The particulars given pursuant to sub-rule (3) of this Rule shall, state every ground on which the validity of the patent or design is questioned and shall include such particulars as shall clearly define every issue which it is intended to raise.

(5)      If the grounds stated in the particulars of objections include want of novelty or want of any inventive step, the particulars shall state the manner, time and place of every prior publication or user relied upon and if prior user is alleged, shall—

(a)      specify the name of every person alleged to have made the user;

(b)      state whether the user is alleged to have continued until the priority date of the claim in question or of the invention, as may be appropriate, and, if not, the earliest and latest date on which the user is alleged to have taken place;

(c)      contain a description accompanied by drawings, if necessary, sufficient to identify the user; and

(d)      if the user relates to machinery or apparatus, state whether the machinery or apparatus is in existence and where it may be inspected.

(6)      Where in the case of an existing patent or design—

(a)      one of the grounds stated in the particulars of objections is that the invention, so far as claimed in any claim of the complete specification, is not useful; and

(b)      it is intended, in connection with the grounds stated in sub-rule (1) of this Rule to rely on the fact that an example of the invention which is the subject of any claim can not be made to work, either at all or as described in the specification, the particulars shall state that fact and identify each such claim and shall also include particulars of each such example, specifying the respect in which it is alleged that it can not work or be made to work as described.

9. Restriction on evidence

(1)      Except with the leave of the Judge hearing any action or other proceedings relating to a patent or a design, no evidence shall be admissible in proof of any alleged infringement, or of any objection to the validity of the patent or design, if the infringement or objection was not raised in the particulars of infringements or objections, as the case may be.

(2)      In any action or other proceedings relating to a patent or a design, evidence which is not in accordance with a statement contained in the particulars of objection to the validity of the patent or design shall not be admissible in support of an objection unless the Judge hearing the proceedings, allows the evidence to be admitted.

(3)      If any machinery or apparatus alleged to have been used before the priority date mentioned in Rule 8 (5) (b) of this Order is in existence at the date of service of the particulars of objections, no evidence of its user before that date shall be admissible unless it is proved that the party relying on the user offered, where the machinery or apparatus is in his possession, inspection of it to the other parties to the proceedings or where it is not, used all reasonable endeavours to obtain inspection for those parties.

10. Procedure for action on infringement of patent or design

(1)      Every action for infringement of a patent or a design shall be commenced with writ of summons.

(2)      In an action for infringement of a patent or a design (whether or not any other relief is claimed) and in proceedings by petition for the revocation of a patent or design—

(a)      the plaintiff or petitioner shall within one month after service of a reply or answer or after the expiration of the period fixed for service thereof, take out a summons for directions as to the place and mode of trial returnable in not less than 21 days; and

(b)      if the plaintiff or petitioner does not take out a summons in accordance with paragraph (a) of this sub-rule, the defendant or respondent, as the case may be, may do so, and the summons may be heard in Chambers or in Court, as the Court thinks fit.

(3)      The Court hearing a summons under this Rule may give directions for—

(a)      the service of further pleadings or particulars;

(b)      the discovery of documents;

(c)      securing the making of admissions;

(d)      the service of interrogatories and of answers thereto;

(e)      the taking, by affidavit, of evidence relating to matters requiring expert knowledge, and for the filing of such affidavits and the service of copies thereof on the other parties;

(f)      the service on the other parties, by any party desiring to submit experimental proof, of full and precise particulars of the experiments proposed and of the facts which he claims to be able to establish thereby;

(g)      the making of experiments, tests, inspections or reports;

(h)      the hearing, as a preliminary issue, of any question that may arise (including any question as to the construction of the specification or other documents), and otherwise as the Court thinks necessary or expedient for the purpose of defining and limiting the issues to be tried, restricting the number of witnesses to be called at the trial of any particular issue and otherwise securing that the case shall be disposed of, consistently with adequate hearing, in the most expeditious manner.

(4)      Where evidence is directed to be given by affidavit, the deponents shall attend at the trial for cross-examination unless, with the concurrence of the Court, the parties otherwise agree.

(5)      On the hearing of a summons under this Rule the Court shall consider, if necessary of its own motion, whether an independent scientific adviser shall be appointed under Rule 11 to assist the Court.

(6)      No action for infringement or petition for the revocation of a patent or design shall be set down for trial unless and until a summons under this Rule in the action or proceedings has been taken out and the directions given on the summons have been carried out or the time fixed by the Court for carrying them out has expired.

11. Appointment of scientific adviser

(1)      In any proceedings under the Patents and Designs Act, the Court may at any time, and on or without the application of any party, appoint an independent scientific adviser to assist the Court by inquiring and reporting on any question of fact or of opinion not involving a question of law or construction as the Court may direct.

(2)      The Court may nominate the scientific adviser and, where appropriate, settle any question or instructions to be submitted or given to him.

(3)      Where the Court appoints a scientific adviser to inquire and report under sub-rule (1) of this Rule, Order 43 of these Rules shall apply in relation to his report as they apply in relation to a report made by a referee under that Order.

12. Interpretation under this Order

In this Order, “Registrar” means the Registrar of Trade Marks or the Registrar of Patents and Designs, as the case may be.

ORDER 49

Appeals to the Court from professional bodies

1. Application

This Order shall apply to any appeal to the Court from decisions of professional bodies made under the provisions of any written law which confers the right to appeal to the Court against any such decisions.

2. Method of appeal

An appeal to the Court from a decision of any professional body other than those specified in this Order shall be by notice of motion.

3. Evidence

The evidence upon the hearing of the appeal shall be by affidavit except in so far as the Court at the hearing may direct oral evidence to be given.

4. Service

The notice of motion shall be served, before the expiration of six weeks after the date of the decision to which it relates, upon the professional body.

5. Contents of notice, date of hearing

The notice of motion shall state the grounds of appeals, and the date mentioned in the notice for the hearing of the appeal shall be not less than 28 days after the service of the notice.

6. Reasons for appeal to be filed

(1)      The appellant shall within seven days after service on the professional body of the notice of motion, file with the Registrar a copy of the notice and an affidavit or affidavits setting out the reasons stated by the professional body for its decision and the facts upon which the appellant intends to rely at the hearing and thereupon the motion shall be set down for hearing.

(2)      If the notice of motion is not set down in accordance with this provision, the professional body may apply to the Court, upon notice to the appellant, for an order discharging the notice of motion and for the costs of the application.

7. Copy of affidavits to be served on the parties

The appellant shall deliver forthwith to the professional body, a copy of any affidavit filed under Rule 6 of this Order in support of the motion and any person intending to oppose the motion shall, four days at least before the hearing, deliver to the appellant a copy of any affidavit intended to be filed by him in opposition to the motion.

ORDER 50

Stay of execution pending appeal to the Court of Appeal

1. Stay of execution pending appeal

Where any application is made to the Court for a stay of execution under any judgment or decision appealed from, such application shall be made by notice of motion supported by affidavit setting forth the grounds upon which a stay of execution or of proceedings is sought.

2. Court may grant or refuse order for stay

(1)      The Court may make or refuse an order for a stay of execution or of proceedings.

(2)      An order for stay may be made subject to such conditions as shall appear just, including the deposit in Court of any money adjudged due to any party in the judgment appealed from.

3. Formal order to be drawn up

Where any application is made to the Court under this Order, a formal order shall be drawn up embodying the terms of the decision of the Court and bearing the date upon which the order is made.

ORDER 51

Sitting of the Court and vacation

1. Days of sitting

Subject to the provisions of the Act, the Court may, at its discretion, appoint any day or days and any place or places from time to time for the hearing of actions as circumstances require.

2. Public or private sitting of Court

(1)      The sitting of the Court for the hearing and determination of the rights and obligations of the parties shall be public.

(2)      Subject to the provisions of the Constitution of the Federal Republic of Nigeria, the Court may, for special reasons, hear any particular action in the presence only of the parties,  with their legal practitioners (if any) and the officers of Court.

3. Office hours

The several offices of the Court shall be open at such times as the Chief Judge shall direct.

4. Days of sittings: long vacation

(1)      Subject to the directions of the Chief Judge, sittings of the Court for the dispatch of civil matters shall be held on every weekday except—

(a)      on any public holiday;

(b)      during the week beginning with Easter Monday;

(c)      during the period beginning on Christmas eve and ending on 2 January next following.

(2)      There shall be an annual vacation of the Court to commence on such date in August and of such duration, not exceeding six weeks, as the Chief Judge may be notification in the Gazette appoint.

5. Vacation Courts

(1)      Notwithstanding the provisions of Rule 4 of this Order, any action may be heard by a Judge in Court during any of the periods mentioned in sub-Rule (1) (b) or (c) of Rule 4 of this Order (except on a Sunday or public holiday) or sub-rule (2) of this Rule where the parties or their counsel agree with the trial Judge before the period of vacation to commence or continue the trial.

(2)      The Chief Judge may assign one or more Judges to be vacation Judge to attend to any urgent matters during the period of vacation.

6. Vacation not reckoned in time for pleading

The time for filing and service of pleadings shall not run during the annual, Easter and Christmas vacations of the Court unless otherwise directed by the Court or a Judge in Chambers.

7. Chambers

No business shall be transacted in Chambers on Sundays and public holidays.

ORDER 52

Costs

A – Security for costs

1. Security for costs by plaintiff or defendant

(1)      Where on the application of the plaintiff or defendant, as the case may be, to the Court it appears to the Court either at the commencement or at any stage of the proceedings—

(a)      that the plaintiff or defendant is ordinarily resident out of jurisdiction; or

(b)      that the plaintiff (not being a plaintiff who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so; or

(c)      subject to sub-rule (2) of this Rule, that the plaintiff’s address is not stated in the writ or other originating process or is incorrectly stated therein; or

(d)      that the plaintiff or the defendant has changed his address during the course of the proceedings with a view to evading the consequences of the litigation, then if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the plaintiff or the defendant to give such security for the plaintiff’s costs or defendant’s costs of the action or other proceedings as it thinks just.

(2)      The Court shall not require a plaintiff to give security by reason only of subrule (1) (c) of this Rule if he satisfies the Court that the failure to state his address or the misstatement thereof was made innocently and without intention to deceive.

(3)      The references in the foregoing Rule to a plaintiff and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of plaintiff or defendant, as the case may be, in the proceeding in question, including a proceeding on a counterclaim.

2. Manner of giving security

Where an order is made requiring any party to give security for costs, the security shall be given in such manner, at such time, and on such terms (if any), as the Court may direct.

B – Costs between party and party

3. Costs in discretion of Court

In every suit the costs of the whole suit, and of each particular proceeding therein, and the costs of every proceeding in the Court, shall be in the discretion of the Court as regards the person by whom they are to be paid.

4. Powers of Court

The Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of the whole suit, although the Court may order the successful party, notwithstanding his success in the suit, to pay costs of any particular proceeding therein.

5. Costs out of funds or property

The Court may order any costs to be paid out of any fund or property to which a suit or proceeding relates.

6. Court to determine amount of costs

When the Court adjudges or orders any costs to be paid, the amount of the costs shall be, if practicable, summarily determined by the Court at the time of making the judgment or order, and named therein.

7. Principles to be observed in fixing costs

In fixing the amount of costs, the principle to be observed is that the party who is in the right is to be indemnified for the expenses to which he has been necessarily put in establishing his claim, defence or counterclaim, but the Court may take into account all the circumstances of the case.

8. Stay of proceedings till costs paid

Where the Court orders costs to be paid or security to be given for costs by any party, the Court may, if it thinks fit, order all proceedings by or on behalf of that party in the same suit or proceedings, or connected therewith, to be stayed until the costs are paid or security given accordingly, but the order shall not supersede the use of any other lawful method of enforcing payment.

9. Taxation of costs

When the Court deems it to be impracticable to determine summarily the amount of any costs which it has adjudged or ordered to be paid, all questions relating thereto may either be determined upon taxation by the Court itself or may be referred by the Court to a taxing master and be ascertained by him and approved by the Court.

10. Discretion of taxing master

Upon any taxation of costs, the taxing master may, in determining the remuneration to be allowed, have regard, subject to any rule of Court, to the skill, labour and responsibility involved.

11. Taxation

In taxation of costs between party and party, nothing shall be allowed in respect of fees paid to the Court beyond what was necessary having regard to the amount recovered on judgment.

12. Where more than one sixth of amount of bill of costs deduced on taxation

If upon the taxation of any bill of costs more than one sixth is deduced from the amount claimed, the Court may either make no order as to the costs of the taxation or may order the party who filed the bill of costs to pay to the other party or parties the costs of taxation.

ORDER 53

Fees and allowances

1. Fees

(1)      Subject to the provisions of any written law and of the foregoing Orders, the fees set out in Appendix 2 to these Rules shall be payable by any person commencing the respective proceedings or desiring the respective services for which they are specified in the Appendix.

Allowances

(2)      The allowances set out in Appendix 4 to these Rules shall be payable to the various categories of witnesses mentioned therein by any person at whose instance they testify.

[Appendix 4.]

(3)      A witness who testifies at the instance of the Court acting on its own motion shall be paid out of public revenue.

2. Regulations

The regulations set out in Appendix 5 to these Rules shall be observed by all officers of Court concerned with the rendering of services and or collection of fees payable under the provisions of the foregoing Order.

[Appendix 5.]

ORDER 54

Miscellaneous provisions

1. What orders to be made

Subject to particular rules, the Court may in all causes and matters make any order which it considers necessary for doing justice, whether the order has been expressly asked for by the person entitled to the benefit of the order or not.

2. Order procedure rules in Appendix 1

(1)      Where no specific procedure is given in any of the enactments in Appendix 1 to these Rules, the rules and procedure in these Rules shall apply with necessary modification so as to comply with the subject matter the enactment in Appendix 1 to these Rules deals with.

(2)      The Chief Judge may modify or add to the list of Rules set out in Appendix 1 to these Rules.

3. Recovery of penalties and costs

All fines, forfeitures, pecuniary penalties and costs ordered to be paid may be levied by distress, seizure and sale of both movable and immovable property of the person making default in payment.

4. Notices

In all cases in which the publication of any notice is required, the same may be made by advertisement in the Federal Gazette, unless otherwise provided in any particular case by any rule of Court or otherwise ordered by the Court.

5. Filing

A document shall not be filed unless it has endorsed on it, the name and number of the case, the date of filing, and whether filed by plaintiff or defendant, and on being filed the endorsement shall be initialed by the Registrar.

6. Fees

The fees set out in Appendix 3 to these Rules may be charged in respect of the duties of a notary public or of a notarial act and other duties therein mentioned.

[Appendix 3.]

7. Days of opening Registry to the public

The Registries of the Court shall, subject to the directives of the Chief Judge, be open to the public on every day in the year from 8 o’clock in the forenoon to two o’clock in the afternoon, except on Saturdays and Sundays or on any day declared as public holiday under any written law.

8. Where no rules exist

Where a matter arises in respect of which no provisions or no adequate provisions are made in these Rules, the Court shall adopt such similar procedure in the Rules as will in its views do substantial justice between the parties concerned.

9. Part-heard matter

(1)      These Rules shall not apply to any cause or matter part-heard on the date when these Rules come into operation.

(2)      Where an action is filed and no further step is taken other than the filing, other subsequent procedure shall be under this Rule.

(3)      In all other cases where causes or matters are pending, the Court shall give such directions as may be necessary or expedient to ensure conformity with the requirements of these Rules.

(4)      The Chief Judge may give practice directions, generally or in respect of a particular case, for carrying out any of the rules in these Rules.

10. Forms of writs of summons, etc.

All writs of summons, originating summons and petitions shall be recorded in a permanent form by the Registrar as in Forms, 1, 2, 3 or 4 in Appendix 6 to these Rules.

[Forms 1, 2, 3 or 4.]

APPENDIXES

APPENDIX 1

[Order 54 (2).]

1. Fundamental Rights (Enforcement Procedure) Rules 1979.
2. Federal High Court (Tax Appeals) Rules 1992.
3. Admiralty Jurisdiction Procedure Rules 1993.
4. Companies Procedures Rules 1992.
5. Companies Winding Up Rule 1983.
6. Bankruptcy Rules 1990.

APPENDIX 2

[Order 53 (1).]

Fees payable

₦ : k

1. For the recovery of a specified sum—

(a) not exceeding ₦20,000 …………………………………………………………………………….. 1,000.00

CAP. C12

Constitution of the Federal Republic of Nigeria: Federal High Court (Civil Procedure) Rules

[Issue 1] C12 – 398

₦ : k

(b) exceeding ₦20,000; but not above ₦100,000 ………………………………………………. 1,500.00

(c) exceeding ₦100,000; but not above ₦1,000,000 ………………………………………….. 2,500.00

(d) exceeding ₦1,000,000 per ₦1,000,000 or part thereof ………………………………….. 1,500.00

(e) maximum fee …………………………………………………………………………………………… 50,000.00

(f) claim in foreign currency be converted into the local money as assessed above.

2. For the recovery of an unspecified sum, the fee payable is the same as the maximum payable per relief. For set-off or counterclaim: the same as payable under item 1.

For an account to be taken and payment of the sum found due—

3. (a) Initial fee ………………………………………………………………………………………………… 1,000.00

(b) second fee (payable before setting down for judgment): per ₦100 or part thereof found due in excess of ₦200 ……………………………………………………………………… 1,000.00

(c) maximum fee …………………………………………………………………………………………… 5,000.00

4. Originating summons—

(a) originating summons ………………………………………………………………………………… 500.00

(b) oaths ………………………………………………………………………………………………………. 20.00

(c) filing ………………………………………………………………………………………………………. 50.00

(d) double sealing …………………………………………………………………………………………. 100.00

(e) one exhibit each service as per distance ………………………………………………………. 10.00

(f) service as per distance but not less than ₦100.00 per each

5. Motion on notice—

(a) motion on notice ……………………………………………………………………………………… 200.00

(b) oaths ………………………………………………………………………………………………………. 20.00

(c) filing ………………………………………………………………………………………………………. 50.00

(d) sealing ……………………………………………………………………………………………………. 50.00

(e) one exhibit ……………………………………………………………………………………………… 10.00

(f) service as per defence but not less than ₦100.00 per each

6. Motion ex parte—

(a) motion ex parte ………………………………………………………………………………………… 200.00

(b) oaths ………………………………………………………………………………………………………. 20.00

(c) filing ………………………………………………………………………………………………………. 50.00

(d) sealing ……………………………………………………………………………………………………. 50.00

(e) one exhibit ……………………………………………………………………………………………… 10.00

(f) service as per distance but not less than ₦100.00 per each

7. For any other relief or assistance not specially provided for ………………………………….. 50.00

Applications, affidavits, judgments, orders, security bonds, warrants and writs.

8. On application for warrant to detain a ship ………………………………………………………….. 2,000.00
9. On application for a writ of habeas corpus …………………………………………………………. 500.00
10. On filing any other application—

(a) if on notice ……………………………………………………………………………………………… 500.00

(b) ifex parte ……………………………………………………………………………………………….. 200.00

(c) if accompanied by other papers, same as payable under items 4, 5 and 6

11. On filing an affidavit ……………………………………………………………………………………….. 20.00
12. On filing a security bond ………………………………………………………………………………….. 200.00

CAP. C12

Constitution of the Federal Republic of Nigeria: Federal High Court (Civil Procedure) Rules

C12 – 399 [Issue 1]

₦ : k

13. On filing any other paper ………………………………………………………………………………….. 50.00
14. On justification of sureties: for each surety …………………………………………………………. 500.00
15. For the issue of warrant to detain an absconding defendant of a ship ………………………. 500.00
16. For the issue of a writ of habeas corpus ……………………………………………………………… 500.00
17. For the drawing up of any order or judgment ………………………………………………………. 200.00
18. For an inquiry by a court officer where so ordered: for each sitting ………………………… 200.00
19. For an account taken by a court officer where so ordered: per ₦100 or part thereof found to have been received ……………………………………………………………………………… 10.00
20. For taking down a person’s statement where so ordered as the court may direct but not exceeding ………………………………………………………………………………………………….. 10.00
21. For searching the archives: for each period of six months or part thereof ………………… 100.00
22. For drawing up a bill of costs where so directed; per folio of 72 words …………………… 5.00
23. For taking costs where so ordered: per per ₦10 or part thereof ………………………………. 1.00
24. For preparing a copy where authorised: per folio of 72 words ……………………………….. 5.00
25. For every subpoena …………………………………………………………………………………………. 50.00

Witness allowance not less than ………………………………………………………………………… 200.00

26. On warrant for prisoner to give evidence ……………………………………………………………. 500.00
27. On commission to take evidence—

(a) out of the jurisdiction ……………………………………………………………………………….. 5,000.00

(b) within the jurisdiction ………………………………………………………………………………. 2,000.00

28. For attesting the execution or signature of an instrument (other than an instrument regarding payment of pension by Government) not otherwise provided for ……………… 20.00
29. For sealing any document not in proceedings ………………………………………………………. 50.00
30. For certifying a copy as a true copy: per folio of 72 words or part thereof ……………….. 5.00
31. For certifying a record of proceedings per folio …………………………………………………… 5.00
32. For payment into Court (except when ordered by the Court or proceeds of execution)—

(a) not exceeding ₦100 per ₦20 or part thereof ……………………………………………….. 5.00

(b) exceeding ₦100 per ₦100 or part thereof …………………………………………………… 10.00

(c) onpayment into an interest-yielding account, part of interest paid into Court …… 1%

33. On appointment of Commissioner to administer oaths and take declarations (not

being a Government Officer) …………………………………………………………………………….. 500.00

34. For sealing a letter of request ……………………………………………………………………………. 500.00
35. On transfer of a foreign judgment ………………………………………………………………………. 500.00
36. For certificate of service of foreign process (where not disallowed by convention) …… 200.00
37. For the service of any document or process: initial fees plus distance in kilometers—

(a) each service as per distance but not below but within 12 kilometers from the

Court ……………………………………………………………………………………………………… 100.00

(b) ifbeyond 12 kilometers for every subsequent 2 kilometers or part thereof (one

way) ………………………………………………………………………………………………………. 10.00

(c) if outside jurisdiction and in addition the postage fee or courier charges as the

case may be …………………………………………………………………………………………….. 100.00

APPENDIX 3

[Order 54 rule 6.]

Notaries’ fees of office

₦ : k

Noting protest on bill or note ……………………………………………………………………………………… 5.00

Extending protest on bills of exchange or …………………………………………………………………….. 10.00

Promissory notes ………………………………………………………………………………………………………. 10.00

Minuting or noting ship’s protest ………………………………………………………………………………… 5.00

Extending ship’s protest ……………………………………………………………………………………………. 10.00

Attestation to any document ………………………………………………………………………………………. 20.00

Translations

For every folio of 72 words ……………………………………………………………………………………….. 5.00

Attestation to translation ……………………………………………………………………………………………. 20.00

Fees for registration of judgments

Registration of a certificate of a judgment of a High Court …………………………………………….. 200.00

Registration of a certificate of a judgment of any Court …………………………………………………. 200.00

Registration of a caveat

For filing a caveat …………………………………………………………………………………………………….. 200.00

APPENDIX 4

[Order 53 rule 1 (2).]

Allowances to witnesses

Per diem

₦ : k

Professional men, mercantile agents, bank managers, chiefs, surveyors, and any officer of the public service whose salary is not less than ₦5,000 a year ………………………………………… 500.00

Merchants, captains of ships, mercantile assistances and officers in the public service whose salary is ₦5,000 but less than per month ₦20,000 ………………………………………………………… 200.00

Transport allowances

(a)      By private car per kilometer ……………………………………………………………. as per allowance granted

(b)      By private motorcycle per kilometer ………………………………………………… as per allowance granted

(c)      Maximum assessment by bus fare and not airfare unless the applicant requests for payment of fare by air.

Note

The travelling expenses of witnesses shall be allowed according to the sums reasonably and actually paid. No allowance is made to an officer of the public service who is summoned as a witness by the Government or by any department of the Government. In all other cases he is allowed costs and travelling expenses as if he were not an officer in the public service. Fees, costs, expenses payable to an officer in the public service shall be paid into revenue unless otherwise ordered.

APPENDIX 5

Regulations regarding fees

[Order 53 rule 2.]

1. Fees to be paid before issue of process

No summons, warrant, writ or subpoena shall, except by special order of the Court, be issued until—

(a)      all fees payable thereon as contained in the appropriate Appendix of fees shall have been paid; and

(b)      an account thereof, initialed as received is set forth by the officer issuing the process both in the margin and in the counterfoil thereof.

2. Fee to be carried to account on process being signed

All such fees shall be carried to account immediately on the process bring signed by the Judge.

3. Documents to be endorsed with amount of fee and number of receipt

(1)      Every document, for or in respect of which any fee has been paid, shall bear an endorsement initialled by the Registrar or other officer showing the amount of the fee so paid and the number of the receipt referring to the payment.

(2)      When any form of process specifies the fees thereof, it shall be sufficient for the Registrar or other officer to initial the amount of the fees appearing thereon, and to quote the number of the receipt.

4. Counterfoil receipt to be produced on signature

Every Registrar or other officer submitting any writ of summons or other process whatever for signature by a Judge shall at the same time produce the stamp of the receipt given for the fees of such process.

5. No document to be used unless fee paid

No document in respect whereof a fee is payable shall be used in any legal proceeding unless it has been initialled as aforesaid by the Registrar or other officer or unless the Court is otherwise satisfied that the proper fees in respect thereof have been paid.

6. Fees for service, etc., to be paid into revenue

All fees for service, execution and distance in kilometers shall be paid into revenue.

7. Mode of returning fees

No hearing fee or other fee shall be returned except upon a voucher payable at the Treasury, in favour of the party entitled to receive it and prepared at the direction of the Judge before whom the cause or matter is set down and comes on for hearing.

APPENDIX 6

Civil procedure forms

Forms of writs of summons, etc.

FORM 1

[Order 6 rules 1 and 8. Order 13 rule 18.]

GENERAL FORM OFWRIT OF SUMMONS

………………………………………………………………….. 20 ………………………………………………………………………..

(here put the letter and number (see note (a) following this form)

FORM 1—continued

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. …………………………………………………………………………………………………………………………. Defendant

To C.D of ……………………………………….. in the ………………………………………… of ………………………………..

You are hereby commanded that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of A.B.;

and take notice that in default of your so doing the plaintiff may proceed therein and judgment may be given in your absence.

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

………………………………………………………………………..

Registrar

Memorandum to be subscribed on the writ

N.B.—This writ is to be served within twelve calendar months from the date thereof, or if renewed, within six calendar months from the date of the last renewal, including the day of such date and not afterwards.

The defendant may enter appearance personally or by legal practitioner either by handing in the appropriate forms, duly completed, at the Registry of the Federal High Court in which the action is brought or by sending them to the Registrar by registered post.

Endorsement to be made on the writ before issue thereof

The plaintiff’s claim is for, etc. (b) …………………………………………………………………………………………………

This writ was issued by G.H.; of ……………………………………………………………………………………………………. whose address for service is (c) ……………………………………………………………………………………………………..

agent for ……………………………………………………………………….. of ……………………………………………………… legal practitioner for the said plaintiff who resides at (d) ………………………………………………………………….. (mention the city, town or district and also the name of the street number of the house of the plaintiff’s residence, if any).

Endorsement to be made on copy of writ forthwith after service. This writ was served by me at ……………. …………………………………………………………………………… on the defendant (here insert mode of service) on the ……………………………… day of ………………………………………………………………….. 20 ………………………..

Endorsed the ………………………. day of …………………………………………………………., 20 ………………………..

(Signed) ……………………………………………………………

(Address) ………………………………………………………….

………………………………………………………………………..

Note

(a)      Heading and Title – If the action is for administration, the writ must be headed “In the matter of the estate of ……………………………………………………… deceased”. If it is a debenture holder’s action the writ must be headed “In the matter of the A.B. company”, and in a probate action, “In the Estate of A.B. deceased.” A writ of summons claiming administration of a trust or settlement may be titled “In the matter of the (trust or settlement)”.

FORM 1—continued

(b)      Endorsement of claim. – If the plaintiff sues or the defendant is sued, in a representative capacity, the endorsement must state in what capacity the plaintiff sues or the defendant is sued. If the claim is for a debt or liquidated demand only, the endorsement, even though not special, must strictly comply with the provision of the Act, including a claim for four days’ cost.

(c)      Address for service. – The address must be within the jurisdiction.

(d)      Address of plaintiff – In the case of a company in liquidation, the plaintiff’s address should run

“……………………………………………………………………….. plaintiffs, who are a company in liquidation.

The liquidator is (name of liquidator or address of liquidator)”.

In the case of foreign corporation within the meaning of Chapter 3 of Part II of the Companies and

Allied Matters Act (Cap. C20), the plaintiff’s address should run thus “ …………………………………….. plaintiffs, who are a foreign corporation within the meaning of the Companies and Allied Matters Act (Cap. C20)”. The registered name and address of the person to be served are (here add registered name and address).

(e) Endorsement on service.

Before the writ is issued the following certificate must be endorsed on it.

The Registry, Federal High Court

In the ………………………………………………………………………………………………………………. Judicial Division.

A sufficient affidavit in verification of the endorsement on this writ to authorise the sealing thereof had been produced to me this ……………………. day of ……………………………………………. 20 ………………………..

………………………………………………………………………..

Registrar

FORM 2

[Order 6 rule 8.]

SPECIALLY ENDORSEDWRIT

(Heading as in Form 1)

To C.D. of ………………………………………….. in the ………………………………………… of ……………………………

You are hereby commanded that, …………………………………………………………… etc., (as in Form 1, supra).

Dated …………………………………………………………………………………………………. etc., (as in Form 1, supra).

N.B.—This writ is to be served within twelve calendar months from the date thereof or if renewed within six calendar months from the date of the last renewal including the day of such date and not afterwards.

The defendant may enter appearance personally or by a legal practitioner by handing in the appropriate forms, duly completed, at the Registry of the Federal High Court in which the action is brought or by sending them to the Registry by registered post.

If the defendant enters an appearance he must also deliver a defence to the legal practitioner to the plaintiff within fourteen days from the last day of the time limited for appearance unless such time is extended by the Court or a Judge, otherwise judgment may be entered against him without notice unless he has in the meantime been served with a summons for judgment.

FORM 2—continued

Statement of Claim

The plaintiff’s claim is ………………………………………………………………………………………………………………….

Particulars …………………………………………………………………………………………………………………………………..

(Signed) …………………………………………………………….

And the sum of ₦ ……………….. or such sum as may be allowed on taxation for costs and also, in case the plaintiff obtains an order for substituted service, the further sum of ₦ ………………… (or such sum as may be allowed on taxation). If the amount claimed be paid to the plaintiff or his legal practitioner or agent within four days from the service hereof, further proceedings will be stayed.

If it appears from the endorsement of the writ that the plaintiff is resident outside the scheduled territories or is acting by order or on behalf of a person so resident, proceedings will only be stayed if the amount claimed is paid into court within the said time and notice of such payment is given to the plaintiff, his legal practitioner or agent.

This writ was issued, etc. (as in Form 1, supra).

This writ was served by me at …………………………………………………………………….. on the defendant (here insert mode of service) on ……………………………….. the ……………. day of …………………….. 20 ……………..

(Signed) ……………………………………………………………

(Address) ………………………………………………………….

………………………………………………………………………..

Note

(See also notes to Form 1, supra)

(a)      Endorsement for costs. The endorsement for costs applies only where the claim on the writ is for a liquidated demand alone and not where recovery of land or property is claimed.

FORM 3

[Order 6 rule 8.]

WRIT FOR SERVICE OUT OF THE JURISDICTION OR WHERE NOTICE OFWRIT IS TO BE

SERVED OUT OF THE JURISDICTION

(Heading as in Form 1)

To C.D. of …………………………………………………………………………………………………………………………………..

You are hereby commanded that within (here insert the number of days directed by the Court or Judge ordering the service or notice) days after service of this writ (or notice of the writ, as the case may be) on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the………….. Judicial Division of the Federal High Court in an action at the suit of A.B. and take notice, that in default of your so doing the plaintiff may proceed therein and judgment may be given in your absence.

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

………………………………………………………………………..

Registrar

Memorandum to be subscribed on the writ

N.B. This writ is to be served within twelve calendar months from the date thereof or if renewed, within six calendar months from the date of the last renewal, including the day of such date and not afterwards.

FORM 3—continued

The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by a legal practitioner at the Registry of the ……………………………………. Judicial Division in which the writ was issued.

This writ (or notice of this writ) was served, etc. (as in Form 1). Endorsement to be made on the writ before the issue thereof.

N.B.—This writ is to be used where the defendant or all the defendants or one or more defendant or defendants is or are out of the jurisdiction.

When the defendant to be served is not a citizen of Nigeria and is not in the Commonwealth, notice of the writ and not the writ itself, is to be served upon him.

NOTE.—The above endorsement “N.B” must be on every writ or concurrent writ for service out of the jurisdiction or which notice is to be served out of the jurisdiction. The endorsement

“N.B.” need not be made on a writ against defendants, domiciled abroad but whom it is intended to serve within the jurisdiction.

ENDORSEMENT.—If the claim is for a debt or liquidated sum only, the endorsement, even though not special, must strictly comply with the provisions of the Act, including a claim for costs.

See also notes to Form 1, supra.

FORM 4

[Order 6 rule 8.]

SPECIALLY ENDORSEDWRIT FOR SERVICE OUT OF THE JURISDICTION

(Heading as in Form 1)

To C.D. of …………………………………………………………………………………………………………………………………..

You are hereby commanded that within (here insert the number of days limited for appearance) days after service of this writ (or notice of this writ, as the case may be) on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the ……………………………………………………….. Judicial Division of the Federal High Court in an action at the suit of A.B. and take notice, that in default of your so doing the plaintiff may proceed therein and judgment may be given in your absence.

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

………………………………………………………………………..

Registrar

N.B. – This writ is to be served, etc. (as in Form 3)

The defendant may appear, etc. (as in Form 3, supra).

If the defendant enters, etc. (as in Form 2, supra).

Statement of claim

The plaintiff’s claim is ………………………………………………………………………………………………………………….

Particulars …………………………………………………………………………………………………………………………………..

(Signed) …………………………………………………………….

And the sum of ₦ ………………………………… (or such sum as may be allowed on taxation) for costs. If the amount claimed is paid to the plaintiff or his legal practitioner or agent within (here insert number of days limited for appearance) days from service of the writ or notice hereof (as the case may be) further proceedings will be stayed.

FORM 4—continued

If it appears from the endorsement of the writ that the plaintiff is resident outside the scheduled territories, or is acting by order or on behalf of a person so resident, proceedings will only be stayed if the amount claimed is paid into Court within the said time and notice of such payment is given to the plaintiff, his legal practitioner or agent.

This writ was issued, etc. (as in Form 1, supra).

This writ (or notice of this writ) was served, etc. (as in Form 1, supra).

N.B.—This writ is to be used, (as in Form 3, supra).

NOTE.—A writ issued against a foreign company having no office in Nigeria must be in Form 3 or 4. See also Notes to Form 2, supra.

FORM 5

[Order 6 rule 14.]

NOTICE OFWRIT TO BE SERVED OUT OF THE JURISDICTION

(Heading as in Form 1)

To C.D. of …………………………………………………………………………………………………………………………………..

TAKE NOTICE, that A.B. of …………………………………………………………………………………………………………… has commenced an action against you, C.D., in the Judicial Division of the Federal High Court by writ of that Court, dated the ……………….. day of ………………………………………………………., 20 …………….. which writ is endorsed as follows: (copy in full the endorsements) and you are required within ……………………… days after the receipt of this notice, inclusive of the day of such receipt, to defend the said action, by causing an appearance to be entered for you in the said Court to the said action and in default of your so doing, the said A.B. may proceed therein and judgment may be given in your absence.

You may appear to the said writ by entering an appearance personally or by your legal practitioner at the ……………………………………………………………………………. Judicial Division of the Federal High Court.

(If writ specially endorsed add “If you enter an appearance you must also deliver a defence within fourteen days of the time limited for appearance, etc.” as in Form 2, supra).

(Signed) A.B. of ……………………………………….. , etc.

or X.Y. of ………………………………………………… , etc.

………………………………………………………………………..

Legal practitioner for A.B.

This notice was served by me ……………………………………………… of ………………………………………………….

at ………………………………………………………………… on the defendant ………………………………………………….

the ……………………………… day of ………………………………………………………………….. 20 ………………………..

Endorsed the ………………………. day of …………………………………………………………., 20 ………………………..

(Signature and address of server) ………………………..

………………………………………………………………………..

………………………………………………………………………..

N.B.—This notice is to be used where the person to be served is resident in Nigeria but outside the jurisdiction of the Federal High Court.

FORM 6

[Order 6 rule 16 (2).]

FORM OFMEMORANDUM FOR RENEWEDWRIT

(Heading as in Form 1)

See renewed writ of summons in this action endorsed as follows:

(Copy original writ and the endorsements)

FORM 7

[Order 13 rule 18).]

REQUEST TOMINISTER OF FOREIGN AFFAIRS TO TRANSMIT NOTICE OFWRIT TO

FOREIGN GOVERNMENT

(Heading as in Form 1)

The Chief Judge of the Federal High Court presents his compliments to the Minister of Foreign Affairs and encloses herewith a notice of writ of summons issued in an action of ………………………………… versus …………………………………………… pursuant to order, out of the ……………………………………. Judicial Division of the Federal High Court for transmission to the Ministry of Foreign Affairs in …………………….. ………………………………………… (name of country) with the request that the same may be served personally upon …………………………………….. (name of defendant to be served) against whom proceedings have been taken in the ……………………………………………….. Judicial Division of the Federal High Court and with the further request that such evidence of the service of the same upon the said defendant may be officially certified to the Federal High Court or declared upon oath or otherwise in such manner as is consistent with the usage or practice of the Courts of the (name of country) in proving service of legal process.

The Chief Judge further requests that in the event of efforts to effect personal service of the said notice of writ proving ineffectual, the government or court of the said country be requested to certify the same to the Federal High Court.

FORM 8

[Order 13 rules 18 and 20.]

REQUEST FOR SERVICE ABROAD

(Heading as in Form 1)

I (or we) hereby request that a notice of summons in this action be transmitted through the proper channels to (name of country) for service (or substituted service) on the defendant (name him) at (address of defendant) or elsewhere in (name of country), and I (or we) hereby personally undertake to be responsible for all expenses incurred by the Ministry of Foreign Affairs in request of the service hereby requested and on receiving due notifications of the amount of such expenses I (or we) undertake to pay the same into the Federal High Court Registry for transmission to the Permanent Secretary of the Ministry of Foreign Affairs.

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

………………………………………………………………………..

Signature of Legal Practitioner

FORM 9

[Order 13 rules 18 and 19.]

LETTER FORWARDING REQUEST FOR SUBSTITUTED SERVICE

(Heading as in Form 1)

The Chief Judge of the Federal High Court presents his compliments to the Minister of Foreign Affairs and encloses herewith a notice of a writ of summons in the case of …………………………………………. versus …………………………………………………………………. in which the plaintiff has obtained an order of the ……………………………………………….. Judicial Division of the Federal High Court (which is also enclosed) giving leave to bespeak a request that the said notice of writ may be served by substituted service on the defendant ……………………………………………………. at……………………………………………………………. in the …………………………………………………………………………………………………………….. (name of country).

The Chief Judge requests that the said notice of writ and order may be forwarded to the proper authority in ………………………………………………………………………………… (name of country) with the request that the same may be transmitted by post addressed to the defendant at ……………………………………………………….. (the last known place of abode or the place of business) of the said defendant or there delivered in such manner as may be consistent with the usage or practice of the Court of …………………………………….. (name of country) for service of legal process where personal service cannot be effected and with the further request that the same may be officially certified to the Judicial Division of the Federal High Court or declared upon oath or otherwise, in such manner as is consistent with the practice of the Court of …… …………………………………………………………………….. (name of country) in proving service of legal process.

FORM 10

[Order 13 rule 19.]

REQUEST TOMINISTER OF FOREIGN AFFAIRS TO TRANSMIT NOTICE OFWRIT TO A

FOREIGN GOVERNMENT

CIVIL AVIATION ACT

[Cap. C13 L.L.F.N 2000.]

(Heading as in Form 1)

The Chief Judge of the Federal High Court presents his compliments to the Minster of Foreign Affairs and endorses herewith a notice of a writ of summons I ssued in an action …………………………………………… of ………………………………….. versus …………………………………………… (insert name of the defendant High Contracting Party) pursuant to order, out of the ……………………………………………. Judicial Division of the

Federal High Court for delivery to the Government of …………………………………………. (insert name of the country of the High Contracting Party) and to request that an official certificate may in due course be dispatched to the ……………………………………………………………………… Judicial Division of the Federal High Court stating that the notice of writ of summons has been so delivered and on what date.

FORM 11

[Order 14 rule 1.]

MEMORANDUM OF APPEARANCE

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………… (Plaintiff (a))

and

C.D. …………………………………………………………………………………………………………………… (Defendant (a))

Please enter an appearance for …………………………………………………. (give full name of defendant wishing to appear). (A female defendant must add her description, such as spinster, married woman, widow or divorced).

(sued as)

………………………………………………………………………… (give name by which defendant is described in writ if this differs from defendant’s full name, otherwise delete words in square brackets).

In this Action

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

Signed (by defendant or legal practitioner entering the appearance) whose address for service is …………………………………………………………………………… (a defendant appearing in person must give his residence or some other place within the ……………………………………………….. Judicial Division of the Federal High Court to which communication for him should be sent. Where he appears by a legal practitioner, the legal practitioner’s place of business).

Note

1. Where the defendant is a firm, the appearance must be entered by the individual partners by name with the description “Partner in the firm of …………………………………………………………………………. ”
2. Where the defendant is an individual trading in a name other than his own, the appearance must be entered by him in his own name with the addition of the description “Trading as ……………………………………………………………………………………………………………………………………………………………….. ”
3. Where the defendant is a limited liability company, the appearance must be entered by a legal practitioner.
4. Where the appearance is being entered by leave of the Court, a copy of the order granting leave must accompany this Form.
5. If the defendant has no defence or admits the plaintiff’s claim, the entry of appearance will delay judgment and may increase the costs payable by the defendant.

FORM 12

[Order 14 rule 1.]

NOTICE OF ENTRY OF APPEARANCE AFTER LEAVE OBTAINED

(Heading as in Form 1)

TAKE NOTICE that ………………………………………………………….. has obtained leave to appear to the writ of summons in this action and that I have this day entered an appearance for him at the Federal High Court

 

FORM 12—continued

Registry of the …………………………………………………………………………………………………. Judicial Division.

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

(Signed) ……………………………………………………………

of …………………………………………………………………….

FORM 13

[Order 14 rule 6.]

ENTRY OF APPEARANCE LIMITING DEFENCE

(Heading as in Form 1)

Enter an appearance for the defendant …………………………………………… in this action. The said defendant limits his defence to part only of the property mentioned in the writ of summons, namely, to the area depicted (A or B) on the plan attached.

The address of ……………………………………………… is ………………………………………………………………………..

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

(Signed) ……………………………………………………………

of …………………………………………………………………….

Note

Any person appearing to defend as landlord shall so state in his appearance and if he is not named as a defendant, the date of the order giving him leave shall be added.

FORM 14

[Order 12 rule 13 and Order 14 rule 3.]

AFFIDAVIT FOR ENTRY OF APPEARANCE AS GUARDIAN

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. …………………………………………………………………………………………………………………………. Defendant

I, ………………………………………………………………. of ………………………………………… the legal practitioner of the above named C.D. (1) an infant, make oath and say as follows—

E.F., of ………………………………………………………………………… is a fit and proper person to act as guardian ad litem of the above-named defendant and has no interest in the matters in question in this action (matter) adverse to that of the said infant, and the consent of the said E.F. to act as such guardian is hereto annexed.

Sworn, etc.

(Jurat)

(To this affidavit shall be annexed the document signed by such guardian in testimony of his consent to act.)

FORM 14—continued

Alternative form of affidavit

(To meet cases where a positive oath as to fitness cannot reasonably be insisted upon the following form

is accepted.)

I, ………………………………………………………………. of ………………………………………… the legal practitioner of the above-named C.D. (1) an infant, make oath and say as follows—

1. I am informed and verily believe E.F., or …………………………………………………………………………………. is a fit and proper person to act as guardian ad litem of the above-named infant defendant and the consent of the said E.F. to act as such guardian is hereto annexed.
2. The said E.F. has no interest in the matters in question in this action (matter) adverse to that of the said infant.

Sworn, etc.

(Jurat)

Usual form of consent

I, E.F. of ……………………………………………………………………………………………….. (address and occupation) consent to act as guardian ad litem of C.D., an infant defendant in this action and I authorise Mr……………………………………………………………….. of …………………………………………….. to defend this action.

………………………………………………………………………..

Signature of Guardian

FORM 15

[Order 14 rule 1.]

(Heading as in Form 1)

NOTICE OF ENTRY OF APPEARANCE TO DEFENDANT OR HIS SOLICITOR

To …………………………………………………………. defendant of ……………………………………………………………..

TAKE NOTICE that at the instance of the defendant …………………………………………………………………………. ,

I have this day entered an appearance for him in this suit.

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

(Signed) ……………………………………………………………

………………………………………………………………………..

Registry

* Or his legal practitioner, where he appears by a legal practitioner.

FORM 16

[Order 13 rule 2.]

PERSONAL SERVICE OFWRIT OF SUMMONS

(Whether within or without the jurisdiction)

In the Federal High Court ……………………………………………………………………………………………………………..

FORM 16—continued

In the ………………………………………………………………………………………………………………. Judicial Division.

Suit No. …………………………………… 20 ………………………………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. …………………………………………………………………………………………………………………………. Defendant

I, ………………………………………………………………………………………………… (name, address and description of deponent) make oath and say as follows—

1. I did on the ……………… day of …………………………… , 20 …………… at …………………………………….. (state where) personally serve C.D., the above-named defendants (or one of the above-named defendants) with a true copy of the writ of summons in this action which appeared to me to have been regularly issued out of the Federal High Court Registry of the ………………………………………………….. Judicial Division of the Federal High Court against the above-named defendant (or defendants), at the suit of the above-named plaintiff (or plaintiffs) which was dated the …………………………………….day of …………………………… 20 ………………..
2. At the time of the said service, the said writ and the copy thereof were subscribed (and endorsed) in the manner and form prescribed by the Rules of the Court.
3. I did on the ………………………… day of ………………………. 20 ………………………………. endorse on the said writ the day of the month and the week of the said service on the defendant.

………………………………………….

(Jurat)

This affidavit is filed on behalf of the plaintiff.

………………………………………………………………………..

Signature of Deponent

FORM 17

[Order 13 rule 7.]

AFFIDAVIT OF SERVICE ON A PARTNER IN A FIRM

(Title and commencement as in Form 1)

1. I did on the ……………… day of ……………………………. 20 ………………. at ……………………………………

(state where) personally serve C.D., a partner in the above-named defendant firm of C.D. & Co. with a true copy of (proceeding as in Form 1 to end of paragraph 2).

2. I did on the ……………… day of ……………………………. 20 …………………. endorse on the said writ the day of the month and week of the said service.

………………………………………………………………………..

Deponent

FORM 18

[Order 13 rule 8.]

SERVICE ON OFFICER OF A CORPORATION

(Title and commencement as in Form 1)

1. I did on the ……………… day of ……………………………. 20 ………………. at …………………………………. personally serve A.B. (chairman, or director, or treasurer or secretary) being the head officer of the above-named defendant corporation, with a true copy of the writ of summons in this action which appeared to me to have been regularly issued out of the Federal High Court Registry of the ………………………………………….Judicial Division of the Federal High Court against the abovenamed defendants at the suit of the above-named plaintiff and which was dated the ………….. day of ……………………………………. 20 …. by leaving the same at (add place of service or sending the same by post) on the ………………………… day of …………………….

20 ……………………………. in a prepaid letter or envelope addressed to that company at (add address).

2. At the time of the said service the said writ and the copy thereof were subscribed and endorsed in the manner and form prescribed by the law.
3. I did on the ……………… day of ……………………………. 20 ……………………… endorse on the said writ the day of the month and the week of the said service on the defendant.

………………………………………………………………………..

Deponent

Note

The date to be inserted in the first line of this form should be the date of posting. Where the writ is served by post the time of service commences to run from the time when the letter would have been received in the ordinary course of post. Where the writ is served by leaving a copy at the registered office, it is not necessary in proving service to state with whom it was left.

FORM 19

[Order 13.]

PERSONAL SERVICE OF ORIGINATING SUMMONS REQUIRING APPEARANCE

(Title and commencement as in Form 1)

I did on the …………………………………………………………………………………….. day of ………………………..20……………………………………………………………………………………………………………. at ……………………………… (place of service) personally serve C.D. the defendant (or respondent) herein (each – if more than one) with a true copy of the originating summons in this action or matter which appeared to me to have been regularly issued out of the Federal High Court Registry of the …………….. Judicial……………………………… Division of the Federal High Court against the defendants (or respondents) (if the names do not appear in the title they should be stated here) on the application of the plaintiffs, (or applicants, naming them if not stated in title) and which was dated the ………………. day of ……………… 20 …………………………………. ………………………………………………………………………..

Deponent

FORM 20

[Order 13 rule 8.]

SUBSTITUTED SERVICE BY POST TO ONE ADDRESS

(Title and commencement as in Form 1)

1. That I did serve the above-named defendant C.D. with a true copy of the writ of summons inthe action and a true copy of the order of Hon. Justice ………………………………………………. dated the …………….. day of …………………………… 20 ……………………… for substituted service herein by posting the same at the Post Office at …………………………………………… on the ………………… day of ……………………….. 20 …………………………….. in a prepaid ordinary letter or envelope addressed to the said defendant at ……………………………………………………………………………………………………. pursuant to the said order.
2. That the said writ of summons appeared to me to have been regularly issued out of the Federal High Court Registry of the ………………………………. Judicial Division of the Federal High Court against the above-named defendant at the suit of the above-named plaintiff and was dated the ………………………………………………………….. day of ……………………… 20 ………………………
3. I did on the ……………… day of ……………………………. 20 ………………….. endorse ……………………….. ………………. on the said writ the day of the month and the week of the said service on the defendant. ………………………………………………………………………..

Deponent

FORM 21

[Order 13 rule 5 (c).]

SERVICE OF NOTICE OFWRIT BY ADVERTISEMENT AND FORM OF ADVERTISEMENT

(Title and commencement as in Form 1)

1. That I did on the ……………………… day of ……………………………………. 20 …………………………. serve the above-named defendant C.D. with Notice of the writ of summon in this action and of the order for service by advertisement dated the …………………………. day of ………………………….. 20 ………… by causing to be inserted once in (name of paper or papers as ordered) an advertisement in the words following:

(Title, reference, number, etc.)

The above-named defendant C.D …………………………………………………………………………………………….. of (or late of) TAKE NOTICE that an action has been commenced against you in ………………………………………. Judicial Division of the Federal High Court Suit No. ……………………………….. of 20 …………………………… by A.B. of ………………………………………………………………………………………………………………………………….. in which the plaintiff’s claim is for (state very shortly the nature of claim and the amount (if any) claimed in the endorsement on the writ), and that it has been ordered that service of the writ in the said action on you be effected by this advertisement. If you desire to defend the said action you must within ……………………………………………… days from the publication of this advertisement, inclusive of the day of

FORM 21—continued

the publication, enter an appearance at the Federal High Court Registry of the …………………………………….. Judicial Division of the Federal High Court. In default of such appearance judgment may be entered against you.

(Signed) ……………………………………………………………

of …………………………………………………………………….

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

………………………………………………………………………..

Plaintiff’s Legal Practitioner

2. The above-named aforesaid appeared in the (name of paper) on the ………………………………… day of ……………………………….. 20 ………………………. and in the (name of paper) on the ……………………….. day of ……………………………………………………………….. 20 ………………………….. (as the case may be).

FORM 22

[Order 33 (15).]

SERVICE OF NOTICE TO PRODUCE OR ADMIT

(Title and commencement as in Form 1)

I, on the ………………………. day of ……………………………………. 20 ……………… did serve the above-named with a Notice ……………………………………………… to produce or admit in this action a true copy whereof is hereto annexed and marked A.B. delivering the same to and leaving it with ………………………………………… at ………………………………………… his office or place of business situate at ………………………………………….. in ………………………………………………………………………………………………….

FORM 23

THIRD PARTY NOTICE CLAIMING INDEMNITY OR CONTRIBUTION OR OTHER

RELIEF OR REMEDY

[Order 12 rule 18.]

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. …………………………………………………………………………………………………………………………. Defendant

and

E.F. ………………………………………………………………………………………………………………………… Third Party

THIRD PARTY NOTICE

Issued pursuant to the order of the Hon. Justice …………………………………. dated the ……………….. day of……………………………………….. 20 ……………………………

To F.F. of …………………………………… in the ………………………………………… of ………………………………….

FORM 23—continued

TAKE NOTICE that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant (here state concisely the nature of the plaintiff’s claim) as appears from the endorsement on the writ of summons (or originating summons) (or statement of claim) a copy whereof is delivered herewith (together with a copy of the statement of claim). The defendant claims against you (here state concisely the nature of the claim against the third party as for instance to be indemnified against the plaintiff’s claim and the costs of this action or contribution to the extent of (one half) of the plaintiff’s claim) or the following relief or remedy namely ……………………… on the grounds, namely that (state concisely the grounds of the claim against the third party).

And take notice that if you wish to dispute the plaintiff’s claim against the defendant or the defendant’s claim against you, you must cause an appearance to be entered for you within eight days after the service of this notice upon you.

In default of your entering such appearance, you will be deemed to admit the plaintiff’s claim against the defendant and the defendant’s claim against you and your liability to indemnify the defendant or to contribute to the extent claimed or to (stating the relief or remedy sought) and the validity of any judgment that may be given in the action and you will be bound by such judgment and such judgment may be enforced against you pursuant to.

DATED this …………………. day of …………………………………………………………………………. 20 …………………

(Signed) …………………………………………………………….

Legal practitioner for the Defendant

The third party may appear hereto by entering appearance, personally or by legal practitioner by handing in the appropriate forms, duly completed at the Registry of the …………………………………………………………. Judicial Division of the Federal High Court. The appropriate forms may be obtained from the Registrar.

FORM 24

[Order 12 rule 18.]

THIRD PARTY NOTICE WHEN QUESTION OR ISSUE TO BE DETERMINED

In the Federal High Court

In the ………………………………………………………………………………………………………………. Judicial Division.

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. …………………………………………………………………………………………………………………………. Defendant

and

E.F. ………………………………………………………………………………………………………………………… Third Party

Issued pursuant to the order of the Hon. Justice …………………………………. dated the ……………….. day of……………………………………….. 20 ………………………. of …………………………………………………………………….

To E.F. of ……………………………………….. in the …………………………………. of ……………………………………….

Take NOTICE that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant (here state concisely the nature of the plaintiff’s claim) as appears from the endorsement on the writ of summons (or originating summons) (or statement of claim) a copy whereof is delivered herewith (together with a copy of the statement of claim).

FORM 24—continued

The defendant claims that the following question or issue, viz (here state concisely the question or issue to be determined) should be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and yourself.

And take notice that if you wish to be heard on the issue or question or to dispute the defendant’s liability to the plaintiff or your liability to the defendant you must cause an appearance to be entered for you within eight days after service of this notice upon you.

In default of your so doing you will be deemed to admit the validity of the said question or issue and you will be bound by any judgment or decision in the action so far as it is relevant to the said question or issue and the judgment may be enforced against you in accordance with the provisions of the Act.

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

(Signed) …………………………………………………………….

Legal practitioner for the Defendant

The third party may appear hereto by entering appearance, personally or by the legal practitioner by handing in the appropriate forms duly completed at the Registry, of the …………………………………. Judicial Division of the Federal High Court. The appropriate forms may be obtained from the Registrar.

FORM 25

[Order 26 rule 3.]

NOTICE OF COUNTERCLAIM

In the Federal High Court

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

To the within named X.Y.

TAKE NOTICE that if you do not appear within eight days from the service of this defence and counterclaim upon you, you will be liable to have judgment given against you in your absence.

Appearance to be entered at the ……………………………………… Judicial Division of the Federal High Court.

FORM 26

[Order 32 rule 1.]

NOTICE OF PAYMENT INTO COURT

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

FORM 26—continued

Take notice that the defendant …………………………………………………………………………. had paid into Court

₦ ………… and says that ( ……………….. part of) that sum is enough to satisfy the plaintiff’s claim(or and ₦ …………………. the other part of the sum is enough to satisfy the plaintiff’s claim for ……………………..).

DATED this …………………. day of …………………………………………………………………………. 20 …………………

………………………………………………………………………..

P.Q. Legal practitioner for the defendant

To X.Y., the plaintiff’s legal practitioner, and to Mr. R.S., legal practitioner for the defendant E.F. (To be filed in by the Cashier, High Court)

Received the above sum of ₦ ……………………………………………………………. kobo into Court in this action.

DATED this …………………. day of ……………………………………. 20 …………………….. By order of the Court.

FORM 27

[Order 14 (3).]

ACCEPTANCE OF SUM PAID INTO COURT

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

Take notice that the plaintiff accepts the sum of ₦ …………………………… paid by the defendant (C.D) into Court in satisfaction of the claiming respect of which it was paid in (and abandons his other claims in this action.)

DATED this …………………. day of …………………………………………………………………………. 20 …………………

………………………………………………………………………..

X.Y. Plaintiff’s Legal Practitioner

(To Mr. P.Q., legal practitioner for the defendant C.D. and Mr. R.S., legal practitioner for the defendant

E.F.)

FORM 28

[Order 14 (3).]

ACCEPTANCE OF SUM PAID INTO COURT BY ONE OF SEVERAL DEFENDANTS

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

Take notice that the plaintiff accepts the sum of ₦ …………………………… paid by the defendant (C.D) into

Court in satisfaction of his claim against that defendant.

FORM 28—continued

DATED this …………………. day of …………………………………………………………………………. 20 …………………

………………………………………………………………………..

X.Y. Plaintiff’s Legal Practitioner

(To Mr. P.Q., legal practitioner for the defendant C.D. and Mr. R.S., legal practitioner for the defendant

E.F.)

FORM 29

[Order 33 rule 6.]

INTERROGATORIES

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

Interrogatories on behalf of the above-named (plaintiff or defendant C.D.) for the examination of the above-named (defendants, E.F. and G.H. or plaintiff).

1. Did not, etc.
2. Has not, etc.

(The defendant E.F. is required to answer the interrogatories numbered ………………………………………… )

DATED this …………………. day of …………………………………………………………………………. 20 …………………

FORM 30

[Order 33 rule 6.]

ANSWER TO INTERROGATORIES

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

The answer of the above-named defendant E.F. to the interrogatories for his examination by the above named plaintiff.

In answer to the said interrogatories, I, the above-named E.F., make oath and say as follows—…………………………………………………………………………………………………………………………………………………..

I, the above-named defendant E.F., do hereby solemnly swear by Almighty God that this is my name and handwriting and that the facts deposed by me in this affidavit are the truth, the whole truth and nothing but the truth.

FORM 31

[Order 33, rules 11 and 12 (2).]

AFFIDAVIT AS TO DOCUMENTS

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

I, the above-named defendant C.D. make oath and say as follows—

1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the First Schedule hereto.
2. I object to produce the said documents set forth in the second part of the said First Schedule hereto (state grounds of objection).
3. I have had, but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the Second Schedule hereto.
4. The last-mentioned documents were last in my possession or power on (state when, and what has become of them and in whose possession they now are).
5. According to the best of my knowledge, information and belief, I have not now and never had in my possession, custody or power or in the possession custody or power of my legal practitioners or agents (Legal Practitioner or Agent) or in the possession, custody or power of any other person or persons on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper or writing or any copy of or extract from any such document or any other document whatsoever, relating to the matters in question in this suit or any of them or wherein any entry has been made relative to such matters or any of them, other than and except the documents set forth in the said First and Second Schedules hereto.

DATED this …………………. day of …………………………………………………………………………. 20 …………………

Sworn to

(Jurat)

FORM 32

[Order 33 rule 15.]

NOTICE TO PRODUCE DOCUMENTS

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

Take notice that the (Plaintiff or Defendant) requires you to produce for his inspection, the following documents referred to in your (statement of claim, or defence or affidavit) dated the ……………………………. day of ……………………………… 20 …………………….

(Describe documents required)

FORM 32—continued

DATED this …………………. day of …………………………………………………………………………. 20 …………………

To Z, Legal Practitioner for …………………………………………………………………………………………………………..

………………………………………………………………………..

X.Y., Legal Practitioner to the

Plaintiff/Defendant

FORM 33

[Order 33 rule 16 (2).]

NOTICE TO INSPECT DOCUMENTS

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. ………………………………………………………………………………………………….. Defendants

Take notice that you can inspect the documents mentioned in your notice of the ………………………………… day of ………………………………….. 20 ……………………. (except the deed numbered ……………………………….. in that notice) at my office on the ……………………………. day of ………………………………… 20 ………………… between the hour of ………………………………………………….. and ………………………………………………………….

DATED this …………………. day of …………………………………………………………………………. 20 …………………

(Signed) ……………………………………………………………

Legal Practitioner

FORM 34

[Order 33 rule 18.]

NOTICE TO ADMIT DOCUMENTS

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. ………………………………………………………………………………………………….. Defendants

Take notice that the plaintiff (or defendant) in this case proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant (or plaintiff), his legal practitioner or agent at …………………………………………………………………………………………………… on

FORM 34—continued between the hours of ……………….. and the defendant (or plaintiff) is hereby required within six days of the service hereof, to admit that such of the said documents as are specified to be originals were respectively written, signed or executed as they purport respectively to have been; that such as are specified as copies are true copies and that such documents are stated to have been served, sent or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause.

And further take notice that if you do not within the aforementioned six days give notice that you do not admit the said documents (or any of them) and that you require the same to be proved at the trial you shall be deemed to have admitted the said document (or documents) unless the Court or a Judge shall otherwise order.

DATED this …………………. day of …………………………………………………………………………. 20 …………………

(Signed) ……………………………………………………………

G.H. Legal Practitioner (or agent) for plaintiff (or defendant)

To E.F., Legal Practitioner (or agent) for defendant (or plaintiff). (Here describe the documents, the manner of doing which may be as follows)—

Originals

Description of documents Dates

Deed of covenant between A.B. and C.D. first part and E.F. second part ……………………………. 20 ………..

Indenture of lease from A.B. to C.D. …………………………………………………………………………….. 20 ………..

Indenture or release between A.B. and C.D. first part and E.F. second part ………………………… 20 ………..

Letter – defendant to plaintiff ………………………………………………………………………………………. 20 ………..

Policy of insurance on goods by ship “ ………………………………………………………………………. ” 20 ………..on voyage from ……………………………………………….. to …………………………………………………… 20 ………..

Memorandum of agreement between C.D., captain of the said ship and E.F. ………………………. 20 ………..

Bill of exchange for ₦ ……………………….. at three months drawn by A.B. on and accepted by

C.D. endorsed by E.F. and G.H. 20 ………..

Copies

Description of Documents Dates Original or duplicate

Register of baptism of A.B. at …………………………….. 20 ……. served, sent, or delivered, when, and how by whom.

Letter – plaintiff to defendant ……………………………… 20 ……. sent by general post.

Notice to produce papers ……………………………………. 20 ……. service on defendant’s attorney by E.F.

Record of judgment of the Federal High Court 20 …….of …………….. in an action F.S. v. F.N…………………………………………………………………………………………….

Suit no. …………………………… of …………………………. 20 …….

Letters patent in the Record Office ………………………. 20 …….

FORM 35

[Order 31 rule 2.]

NOTICE TO ADMIT FACTS

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

Take notice that the plaintiff (or defendant) in the cause requires the defendant (or plaintiff) to admit, for the purposes of this cause only, the several facts respectively hereunder specified and the defendant (or plaintiff) is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this cause.

DATED this …………………. day of …………………………………………………………………………. 20 …………………

(Signed) ……………………………………………………………

G.H. Legal Practitioner (or agent) for plaintiff (or defendant)

To E.F. Legal Practitioner (or agent) for the defendant (or plaintiff). The facts the admission of which is required, are—

1. That …………………………………………………………… died on ………………………………………………………….
2. That he died intestate.
3. That ……………………………………………………………………………………………….. was his only lawful son.
4. That …………………………………………………………… died on ………………………………………………………….
5. That ………………………………………………………………………………………………………. was never married.

FORM 36

ADMISSION OF FACTS, PURSUANT TO NOTICE

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

The defendant (or plaintiff) in this cause, for the purposes of this cause only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of any facts or any of them, as evidence in this cause:

Provided that the admission is made for the purposes of this action only and is an admission to be used against the defendant (or plaintiff) on any other reason occasion or by anyone other than the plaintiff (or defendant or party requiring the admission).

………………………………………………………………………..

E.F. Legal Practitioner (or agent) for the

defendant (or plaintiff)

FORM 36—continued

Delivered, etc.

To G.H. Legal Practitioner (or agent) for the plaintiff (or defendant).

Facts admitted Qualification of limitation, if any, subject to which

they are admitted

1. That ……………………. died on …………………… 1.
2. That he died intestate. 2.
3. That …………………….. was in …………………… 3. But not that he was his only lawful son.
4. That ……………………. died on …………………… 4. But not that he died on ………………………………….
5. That ………………………….. never was married. 5.

ORDER 37

NOTICE TO PRODUCE (GENERAL FORM)

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

Take notice that you are hereby required to produce and show to the Court on the trial of this ………………. ……………………………………… all books, papers, letters, copies of letters and other writings and documents in your custody, possession or power containing any entry, memorandum or minute relating to the matters in question in this ……………………………………………………… , and particularly ……………………………………….

DATED this …………………. day of …………………………………………………………………………. 20 …………………

To the above-named (Signed) ………………………………………………………………………………………………………………………………. agent for ………………………………………………………….

G.H. legal Practitioner or agent Legal Practitioner for the above-named

FORM 38

ISSUES JOINED

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D., E.F. and G.H. …………………………………………………………………………………………………… Defendants

Whereas A.B. affirms, and C.D. denies (here state the question of the fact to be tried) and it has been ordered by the Honourable Justice …………………………………………………….. that the said question shall be tried, therefore let the same be tried accordingly.

FORM 39

[Order 40 rule 34.]

SUBPOENA AD TESTIFICANDUM

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

……………………………………………………………………………………………………………………………………. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

To …………………………………………………………………. of …………………………………………………………………….

You are commanded in the name of the President to attend before this Court at ………………………………………………………………………………………………………………………. on ……………………………. the …………………….day of ………………………………….. 20 …………………………. at ……………………………………….. o’clock in the forenoon and so from day to day to give evidence in the above-named cause.

DATED this …………………. day of …………………………………………………………………………. 20 …………………

……………………………………………………………………….

Judge

FORM 40

[Order 40 rule 34.]

HABEAS CORPUS AD TESTIFICANDUM

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

……………………………………………………………………………………………………………………………………. Plaintiff

and

………………………………………………………………………………………………………………………………… Defendants

To ……………………………………………. The Director of Nigerian Prisons at …………………………………………..

You are commanded in the name of the President to have …………………………………………………………………. who, it is said, is detained under your custody in ………………………………………………………………………………the Federal Capital Territory, Abuja Prison at ………………………….. before the Court at ………………………..on …………… the …………. day of ……….. 20 ………………….at o’clock in the forenoon and so from day to day until the above action is tried, to give evidence in the above-named cause and immediately after the said ………………. shall have so given his evidence you safely conduct him to the prison from which he shall have been brought.

DATED this …………………. day of …………………………………………………………………………. 20 …………………

……………………………………………………………………….

Judge

FORM 41

[Order 40 rule 34.]

SUBPOENA DUCES TECUM

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

……………………………………………………………………………………………………………………………………. Plaintiff

and

………………………………………………………………………………………………………………………………… Defendants

To …………………………………………………………………. of …………………………………………………………………….

You are commanded in the name of the President to attend before the Court ……………………………………………………………………………………………………………….. at ………………………………… on …………………………… the ……………………………… day of ……………………………………………. 20 …………………………. at the hour of ………………………….. o’clock in the forenoon and so from day to day until the above cause is tried, to give evidence on behalf of the …………………………………………… ; and also to bring with you and produce at the time and place aforesaid ……………………………………………………………………………………………………………….

DATED this …………………. day of …………………………………………………………………………. 20 …………………

……………………………………………………………………….

Judge

FORM 42

[Order 40 rule 11.]

COMMISSION TO EXAMINEWITNESSES

In the Federal High Court

Suit No. ……………………………………. of ………………………………………………………. 20 ……………………………

Between

……………………………………………………………………………………………………………………………………. Plaintiff

and………………………………………………………………………………………………………………………………… Defendants

To …………………………………………………………………. of …………………………………………………………………….

Commissioner named by and on behalf of ………………………………….. and to ……………………………………….Commissioner named by and on behalf of ……………………………………………..

In confidence of your prudence and fidelity you have been appointed Commissioner by these presents and given power and authority to examine on interrogatories and viva voce as hereinafter mentioned witnesses on behalf of the said ……………………………………………………….and ……………………………………….

FORM 42—continued

respectively at ………………………………………………………………….. before you or any two of you so that one Commissioner only on each side be present and act at the examination and you are requested as follows—

1. Both the said ……………………………………………………. and the said ……………………………………………… shall be at liberty to examine on interrogatories and viva voce on the subject-matter thereof or arising out of the answers thereto such witnesses as shall be produced on their behalf with liberty to the other party to cross-examine the said witnesses on cross-interrogatories and viva voce, the party producing any witness for examination being at liberty to re-examine him viva voce, and all such additional viva voce questions, whether on examination, cross-examination or re-examination shall be reduced into writing and with the answers thereto shall be returned with the said Commission.
2. Not less than ……………………… days before the examination of any witness on behalf of either of the said parties, notice in writing, signed by one of you, the Commissioners of the party on whose behalf the witness is to be examined and stating the time and place of intended examination and the names of the witnesses to be examined, shall be given to the Commissioners of the other party by delivering the notice to them or by leaving it at their usual place of abode or business and if the Commissioners or Commissioner of that party neglect to attend pursuant to the notice, then one of you, the Commissioners of the party on whose behalf the notice is given, shall be at liberty to proceed with and take the examination of the witnesses ex parte and adjourn any meeting or meetings or continue the same from the day until all the witnesses intended to be examined by virtue of the notice have been examined, without giving any further or other notice of the subsequent meeting or meetings.
3. In the event of any witness on his examination, cross-examination or re-examination producing any book, document, letter, paper or writing, and refusing for good cause to be stated in his deposition to part with the original thereof, then a copy thereof or extract therefrom, certified by the Commissioners or Commissioner present and acting to be a true and correct copy or extract, shall be annexed to the witness’s deposition.
4. Each witness to be examined under this Commission shall be examined on oath, affirmation or otherwise in accordance with his religion by or before the Commissioners or Commissioner present at the examination.
5. If any or more of the witnesses do not understand the English language (the interrogatories, crossinterrogatories and viva voce questions, if any, being previously translated into the language with which he or they is or are conversant), then the examination shall be taken in the English language through the medium of an interpreter or interpreters to be nominated by the Commissioners or Commissioner present at the examination and to be previously sworn according to his or their several religions by or before the said Commissioners or Commissioner truly to interpret the questions to be put to the witness and his answers thereto.
6. The depositions to be taken under this Commission shall be subscribed by the witness or witnesses and by the Commissioners or Commissioner who shall have taken the depositions.
7. The interrogatories, cross-interrogatories and depositions, together with any documents referred to therein or certified copies thereof or extracts therefrom, shall be sent to the Chief Registrar of the Federal High Court Nigeria on before the ……………………………………………………………………. day of ………………………………. enclosed in a cover under the seals of the Commissioner or Commissioners.
8. Before you or any of you, in any manner act in the execution hereof you shall severally take the oath hereon endorsed or otherwise in such other manner as is sanctioned by the form of your several religions and as considered by you respectively to be binding on your respective consciences. In the absence of any other Commissioner, a Commissioner may himself take the oath.

You are hereby given authority to administer such oath to the other or others of you.

Issued at …………………………. this ………………… day of …………………………………………… 20 ………………… ……………………………………………………………………….

Judge

FORM 42—continued

Witness’s Oath

I swear by Almighty God that I will truly answer to all such questions as shall be asked me, without favour or affection to either party, and therein I will speak the truth, the whole truth and nothing but the truth.

Commissioner’s Oath

I swear by Almighty God that I will, according to the best of my skill and knowledge, truly and faithfully and without partiality, to any or either of the parties in this case, take the examination and depositions of all and every witness produced and examined by virtue of the Commission within written.

(Where there is only a single Commissioner, he may be authorised to administer this oath to himself.)

Interpreter’s Oath

I swear by Almighty God that I will truly and faithfully without partiality to any or either of the parties in this cause and to the best of my ability interpret and translate the oath or oaths, affirmation or affirmations which he shall administer to and all and every of the questions which shall be exhibited or put to all and every witness and witnesses produced before and examined by the Commissioners named in the Commission within written, as far forth as I am directed and employed by the said Commissioners, to interpret and translate the same out of the English language into the language of such witness or witnesses and also in like manner to interpret and translate the respective depositions taken and made to such questions out of the language of such witness or witnesses into the English language.

Clerk’s Oath

I swear by Almighty God that I will truly and faithfully without partiality to any or either of the parties in this cause, take, write down, transcribe, and engross all and every of the questions, which shall be exhibited or put to all and every witness and witnesses and also the depositions of all and every such witness and witnesses, produced before and examined by the said Commissioner named in the Commission  within written, as far forth as I am directed and employed by the Commissioners to take, write down, transcribe or engross the said questions and depositions.

Direction of interrogatories, etc. when returned by the Commissioners:

THE CHIEF REGISTRAR, FEDERAL HIGH COURT

FORM 43

CERTIFICATE OF THE CHIEF REGISTRAR

(Title as in Form 1)

In pursuance of the directions given to me by Hon. Justice ………………………………………………………………… …………………………………, I hereby certify that the result of the accounts and inquiries which have been taken and made in pursuance to the judgment (or order) in this case dated the ………………………….day of …………………….20.is as follows—

1. The defendants ………………………………………., the executors of …………………………………………………. the testator, have received personal estate to the amount of ₦ …………………………….. and they have paid, or are entitled to be allowed an account thereof, sums to the amount of ₦ ………………………… leaving a balance due from (or to) themof ₦ ……………………….., on that account.

FORM 43—continued

The particulars of the above receipts and payments appear in the account marked ………………………. , verified by the affidavit of filed on the ………………… day of …………………………………………………….. and which account is to be filed with this certificate, except that in addition to the sums appearing on such account to have been received, the said defendants are charged with the follow sums (state the same here or in a Schedule) and except that I have disallowed the items of disbursement in the said account numbered …………….. and …………………………… (or in cases where a transcript has

been made).

The defendants ………………………………………… have brought in an account verified by the affidavits of ………………………………. filed on the ………………… day of …………………………………….. and which account is marked ……………………………………………………. and is to be filed with this certificate. The account has been altered, and the account marked ……………………………………………….. and which is also to be filed with this certificate in a transcript of the account as altered and passed.

2. The debts of the testator which have been allowed, are set forth in the Schedule hereto and with the interest thereon and costs mentioned in the Schedule are due to the person therein named and amount altogether to ₦ …………….
3. The funeral expenses of the testator amounted to the sum of ₦ ……………………………… which I have allowed the said executors in the said amount of personal estate.
4. The legacies given by the testator are set forth in the ………. Schedule hereto and with the interest therein mentioned remain due to the persons therein named and amount altogether to ₦ ……………….
5. The outstanding personal estate of the testator consists of the particulars set forth in the ………………. ……………………………..Schedule hereto.
6. The real estate to which the testator was entitled consists of the particulars set forth in …………………. Schedule hereto.
7. The defendants have received rents and profits of the testator’s real estate, etc. (in a form similar to that provided with respect to the personal estate).
8. The incumbrances affecting the said testator’s real estate are specified in the …………………………….. Schedule hereto.
9. The real estates of the testator directed to be sold, have been sold and the purchase money amounting altogether to ₦ ………………………… have been paid into Court.

Note

The above numbers are to correspond with the numbers in the order after each statement; the evidence produced is to be stated as follows:

The evidence produced on this account (or inquiry) consists of the probate of the testator’s will, the affidavit of A.B., filed …………………………….. and paragraph numbered ……………………… of the affidavit of C.D., filed ……………………………………..

FORM 44

[Order 22 rule 4.]

RECEIVER’S ACCOUNT

[To accord with the order.]

The ( ………………………………….. ) account of A.B, the receiver appointed in this cause (or, pursuant to an order made in this cause, dated …………………………………………….. day of …………………… ), to receive the rents and profits of the real estate, and to collect and get in the outstanding personal estate of C.D. the testator (or, intestate) in this cause named, from the day of ………. to the ……………………………………………………………………………. day of ………………………………………………………….

Real estate – Receipts

No. of item	Date when received	Tenant’s name	Description of premises	Annual rent	Arrears due at	Arrears received	Arrears remaining	Observation
1. 2.

Payment and allowances on account of real estate

 

No. of items	Date of payment of allowance	Names of persons to whom paid or allowed	For what purpose paid or allowed	Amount
1. 2. 3.			One year’s insurance of due …………….. Bill for repairs at house let to allowance for a half year’s income tax due ……………. Total Payments                              ₦	₦

Receipts on account of Personal Estates Payment and allowances on account of Personal Estate

No. of item	Date when received	Names of persons from whom received	On what account received	Amount received ₦	No. of item	Date when paid or allowed	Names of persons to whom paid or allowed	For what purpose paid or allowed	Amount paid or allowed ₦
			—						—

 

Summary

 

Amount of balance due from receiver on account of real estate on last account	₦        k ……………….
Amount of receipts on the above account of real estate	………………..
Balance of last account paid into Court	……………….
Amount of payments and allowances on the above account of real estate	………………..
Amount of receiver’s costs of passing this account as to real estate	………………..
FORM 44—continued
	₦        k
Balance due from the receiver on account of real estate	………………..
Amount of balance due from receiver on last account of personal estate	……………….
Amount of receipts on the above account of personal estate	………………..
Balance of last account paid into Court	……………….
Amount of payments and allowances on the above account of personal estate	………………..
Amount of the other costs of passing this account as to personal estate	………………..
Balance due from the receiver on account of personal estate	………………..

 

FORM 45

[Order 22 rule 2 (1).]

FORM OF GUARANTEE FOR THE ACTS AND DEFAULTS OF A RECEIVER

In the Federal High Court

Suit No. …………………………… of 20 …………………. Re ………………………………. v ……………………………….. guarantee for ₦ …………………………… annual premium ₦ …………………………..

This guarantee is made the ………………………. day of ………………………………………………. 20 ………………… between (receiver) of …………………………………………… (hereinafter called “the receiver”) of the first part, the above-named …………………………………………………………………………… the registered office of which is at ……………………………………………………………….. in …………………………………………… (hereinafter called “the Surety”) of the second part and ………………………………………………………………………….. the President an order of the ………………………………………………………………. Judicial Division of the Federal High Court dated the ………………………… day of ……………………………………….. 20 ……………………… and made in the above-mentioned action the receiver has been appointed to receive (and manage) (follow words of the Order). And it was ordered that the receiver should give security to the satisfaction of the Judge on or before the ……………………….. day of ……………………………………….. 20 ………………………………………………

And whereas the Surety has agreed at the request of the receiver to issue this guarantee in consideration of the annual premium above-mentioned (the first payment of which the Surety hereby acknowledges) which guarantee has been accepted by the Judge as a proper security pursuant to the said order in testimony whereof one of the Registrars of the Federal High Court has signed an allowance in the margin hereof.

Now this guarantee witnesses as follows:

1. The receiver and the Surety hereby jointly and severally covenant with the President and his successors, that the receiver shall and will from time to time duly account for what he has already received since the date of the said order appointing him and shall hereafter receive or become liable to pay or account for as such receiver (and manager) as aforesaid including as well every sum of money or other property so received during the period for which he has been appointed and also every sum of money or other property so received in respect of any extended period for which he may be appointed and shall and will pay or deliver every such sum or property as Court or Judge thereof may direct.
2. Provided always, that it is hereby mutually agreed as follows—

(a)      if the receiver, shall not, for every successive twelve months to be computed from the date of his appointment as such receiver as aforesaid or within fifteen days after the expiration of such twelve months, pay at the office of the Surety, the annual premium or the sum of

FORM 45—continued

₦ …………………………………………. then the Surety shall be at liberty to apply by summons at Chambers in the said action to be relieved from all further liability as such Surety under this guarantee save and except in respect of any damage or loss occasioned by any act or default of the receiver in relation to his duties as such receiver (and manager) prior to the hearing and determination of such summons;

(b)      a statement under the hand of any Registrar of the Federal High Court of the amount which the receiver is liable to pay and has not paid under this guarantee and that the loss or damage has been incurred through the act or default of the receiver shall be conclusive evidence in any action or information by the President against the receiver and Surety or either of them or by the Surety against the receiver of the truth of the contents of such statement and shall constitute a binding charge not only against the receiver and his personal representatives, but also against the Surety and its funds and property without its being necessary for the President to take any legal or other proceedings against the receiver for the recovery thereof and without any further or other proof being given in that behalf in any action to enforce this guarantee;

(c)      the liability of the Surety under this guarantee is limited to the sum of  ……………………. :

Provided nevertheless that a Registrar of the Federal High Court may by his signature to the endorsement on this guarantee (in the form printed thereon), reduce the said liability of the Surety still further or (but only with the consent of the Surety by an instrument in writing duly executed), increase such liability as may be necessary and upon such endorsement this guarantee shall continue in full force but in that case the premium shall be correspondingly reduced or increased.

3. It is hereby further agreed between the receiver and the Surety as follows—

(a)      the receiver will on being discharged from his office or on ceasing to act as such receiver (and manager) as aforesaid, forthwith give written notice thereof to the Surety through the Post Office and also within seven days of such notice furnish the Surety free of charge an office copy of the order, if any, of the Judge discharging him;

(b)      the receiver and his personal representatives shall and will at all times hereafter indemnify the Surety and its property and funds against all loss, damages, costs and expense which the Surety or its funds or property may or might otherwise sustain by reason of the Surety having executed this guarantee at his request.

In witness whereof the receiver has hereunder set his hand and seal and the Surety has caused its Common Seal to be affixed the day of ………………………………………………………………………… 20 …………………

In the matter of …………………………………………………………. increased liability. (To be attached by way of Endorsement Guarantee).

The liability of the Surety under the within written guarantee has with the consent of the receiver and the Surety been increased from ₦ …………………………………… to ₦ ……………………… in respect of any acts or omissions to which the within written guarantee and this endorsement being limited to the increased sum above relates committed by the receiver subsequent to the date hereof the total liability of the Surety in respect of both the within written guarantee stated.

Sealed with the seal of the receiver and also the Common Seal of the Surety this ………………………………… day of ……………………………………… 20 ……………………….. as evidence of such increased liability and the admission thereof by the receiver and the Surety respectively.

Signed, sealed and delivered by the Receiver in the presence of …………………………………………………………

The Common Seal of the Surety was hereunto affixed in the presence of …………………………………………….

FORM 46

[Order 22 rule 2 (2).]

RECEIVER’S SECURITY BY UNDERTAKING

In the ……………………………………………………………………………………………………………….. Judicial Division

(Title)

Suit No. …………………………… of 20 …………………. Re ………………………………. v ………………………………..

I, …………………………………………………………………… of ……………………………………………………………………. receiver (and manager) appointed by order dated ………………………. (or proposed to be appointed) in this action hereby undertake with the Court, to duly account for moneys and property received by me as such receiver (or manager) or for which I may be held liable and to pay the balances from time to time found from me and to deliver any property received by me as such receiver (or manager) at such time and in such manner in all respects as the Court or a Judge shall direct.

And we …………………………………………………………………………………… hereby jointly and severally (in the case of guarantee or other company strike out “jointly and severally”) undertake with the Court to be answerable for any default by the said ……………………………………………… such receiver (or manager) and upon such default to pay to any person or persons or otherwise as the Court or a Judge shall direct, any sum or sums not exceeding in the whole ₦ …………………………….. that may from time to time be certified by a Registrar of the Federal High Court be due from the said receiver and we submit to the jurisdiction of the Court in this action to determine any claim made under this undertaking.

DATED this …………………. day of …………………………………………………………………………. 20 ………………… (Signatures of Receiver and his surety or sureties. In the case of a surety being a guarantee or other company, it must be scaled or otherwise duly executed.)

FORM 47

[Order 22 rule 4 (2).]

AFFIDAVIT VERIFYING RECEIVER’S ACCOUNT

In the Federal High Court

In the ………………………………………………………………………………………………………………. Judicial Division

Suit No. …………………………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

I ……………………………………………………………………. of ……………………………………………………………………. the receiver appointed ………………………………………………… in this cause, make oath and say as follows—

1. The document now shown to be marked A is, as it purports to be, a full and true account of ………………………………………….. for the period therein specified.
2. ……………………………………………………………………. and …………………………………………………………….. my sureties named in the guarantee (or undertaking) dated ………………………………. 20 ………………. , are both alive and neither of them has become bankrupt or insolvent.

or

FORM 47—continued

3. The ……………………………………………………………………………………. Co. Ltd., my surety named in the …………………………………………. guarantee (or undertaking) dated …………………….. 20 ………………… is still carrying on business and no petition or other proceeding for its winding up is pending. (Additional paragraphs as to wages and petty cash are sometimes necessary. See Atkins (Court Forms, Vol. 33, Title RECEIVERS, Form 65, p. 219),

FORM 48

[Order 21.]

FORM OF ORDER FOR ACCOUNTS AND INQUIRIES

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Suit No. ……………………………………. of …………………………………………………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

This Court doth order that the following accounts and inquiries be taken and made; that is to say—

1. An account of the personal estate not specifically devised or bequeathed of A.B. deceased, the testator in the pleadings named, coming to the hands of, etc.
2. An account of the testator’s debts, or where deceased died more than six years before judgment, any inquiry whether there is any debt of the deceased remaining unpaid.
3. An account of the testator’s funeral expenses.
4. An account of the legacies and annuities (if any), given by the testator’s will.
5. An inquiry as to what parts (if any), of the testor’s said personal estate are outstanding or undisposed of.

And it is ordered, that the testors’s personal estate not specifically bequeathed be applied in payments of his debts and funeral expenses in a due course of administration and then in payment of the legacies and annuities (if any), given by his will.

(If ordered)

And it is ordered that the following further inquiries and account be made and taken, that is to say—

6. An inquiry as to what real estate the testator was seized of or entitled to at time of his death.
7. An account of the rents and profits of the testator’s real estate received by, etc.
8. An inquiry as to what incumbrances (if any), affect the testator’s real estate, or any and what parts thereof.

(If sale ordered)

9. An account of what is due to such of the incumbrancers as shall consent to the sale hereinafter directed in respect of their incumbrances.
10. An inquiry, as to what are the priorities of such last-mentioned incumbrance.

And it is ordered that the testator’s real estate be sold with the approbation of the Judge, etc.

And it is ordered that the further consideration of this cause be adjourned and any of the parties are to be at liberty to apply as they may be advised.

FORM 49

ORDER FOR PAYMENT OF PRINCIPALMONEY OR INTEREST SECURED BYMORTGAGE OR CHARGE

(Heading as in Form 1)

It is ordered that the plaintiff do recover against the defendant ………………………………………………………….. secured by a mortgage (or charge) dated the ………………… day of …………………………….. 20 ………………. , (being the total of the principal sum of) ₦ …………………… and ₦ ……………………… for interest thereon at …………………………………………. percent, per annum less tax to the ……………………… day of (date of order) and ₦ …………………………… for costs (or his costs of the summons to be taxed).

And it is ordered, that upon the defendant paying to the plaintiff the moneys ordered to be recovered and all other moneys (if any) secured to the plaintiff by the said mortgage (or charge) the plaintiff (subject and without prejudice to the executors of power of sale for the time being vested in him) do release to the defendant the security constituted by the said mortgage (or charged).

And it is ordered that all parties be at liberty to apply to the Court as they may be advised.

FORM 50

ORDER FOR POSSESSION OF PROPERTY FORMING A SECURITY FOR PAYMENT TO THE PLAINTIFF OF ANY PRINCIPALMONEY OR INTEREST

(Heading as in Form 1)

It is ordered, that the defendant do give the plaintiff possession on or before the ………………………………….. day of ………………………….. 20 …………….. of the land hereinafter described and comprised in a mortgage (or charge) dated the ………………….. day of ……………………………………. 20 …………………… that is to say ………………………………………………………………………………………………………… (here describe the property).

And it is ordered, that the plaintiff do recover against the defendant the sum of ₦ ……………………………….. for costs (or his costs of this summons to be taxed). And it is ordered that upon the defendant paying to the plaintiff the moneys remaining due to the plaintiff upon the security of the said mortgage (or charge) the plaintiff (adopted and without prejudice to the due exercise of any power of sale for the time being vested in him) do redeliver to the defendant possession of the property subject to the said mortgage (or charge) and release to the defendant the security constituted by the said mortgage (or charge).

And it is ordered that all parties be at liberty to apply to the Court as they may be advised.

FORM 51

ORDER FOR PAYMENT OF PRINCIPALMONEY OR INTEREST SECURED BYMORTGAGE OR CHARGE AND FOR POSSESSION OF PROPERTY COMPRISED THEREIN

(Heading as in Form 1)

It is ordered, that the plaintiff do recover against defendant ₦ …………………………. secured by a mortgage (or charge) dated the ………………….. day of ……………………………………. 20 ………………………. (being the total of the principal sum) ₦ ……………………………… and ₦ …………………………….. for interest thereon at

FORM 51—continued

₦ ……………………… per cent per annum less tax to the ………….. day of (date of order) and ₦ …………….. for costs (or his costs of this summons to be taxed). And it is ordered, that the defendant do give the plaintiff possession on or before the ……………………. day of ………………………………………………. 20 …………….. of the land hereinafter described and comprised in the said mortgage (or charge) that is to say ……………… …………………………………………………………………………………………………………. (here describe the property)

And it is ordered, that upon the defendant paying to the plaintiff the moneys hereby ordered to be recovered and all other moneys (if any) secured to the plaintiff by the said mortgage (or charge) the plaintiff (subject and without prejudice to the due exercise of any power of sale for the time being vested in him) do re-deliver to the defendant possession of the property subject to the said mortgage (or charge) and release to the defendant the security constituted by the said mortgage (or charge).

And it is ordered, that the parties be at liberty to apply to the Court as they may be advised.

FORM 52

[Order 6 rules 6 and 7.]

SUMMONS (GENERAL FORM)

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Suit No. …………………………………………

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

Let all parties concerned attend before the Honourable Justice ………………………………………………………….. in Chambers on …………………………………… (day) the ……………………….. day of …………………………………… 20 ……………………… at ……………………. o’clock in the ……………… noon on the hearing of an application on the part of …………………………………………………… to …………………………………………………………………….

DATED this …………………. day of …………………………………………………………………………. 20 …………………

This summons was taken out by ………………………………………………….. of …………………………………………..

Legal practitioner for ……………………………………………………………………………………………………………………

To ……………………………………………………………………………………………………………………………………………..

FORM 53

[Order 7 rule 2.]

GENERAL FORM OF ORIGINATING SUMMONS

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

FORM 53—continued

(If the question to be determined arises in the administration of an estate or a trust title it “In the matter of the estate or trust”)

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

Let ………………………………………….. of …………………………….. in ……………………………. within eight days after service of this summons on him, inclusive of the day of such service cause an appearance to be entered for him to this summons which is issued upon the application of ……………………………………………. of ………………………………………….. who claims to be (state the nature of the claim), for the determination of the following questions: (state questions).

DATED this …………………. day of …………………………………………………………………………. 20 …………………

The summons was taken out of by …………………………………………. legal practitioner for the above-named.

The defendant may appear hereto by entering appearance personally or by a legal practitioner either by handing in the appropriate forms duly completed, at the Federal High Court Registry or by sending them to that office by post.

Note

If the defendant does not enter appearance within the time and at the place above mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient.

FORM 54

[Order 7 rule 2.]

ORIGINATING SUMMONS NOT INTER PARTES

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Suit No. …………………………………… 20 ………………………………

In the matter of the Trust of the will of A.B.

Let ………………………………………….. of ………………………………………… in ………………………………………….of ……………………………………….. within eight days after service of this summons on him, inclusive of the day of such service, cause an appearance to be entered for him to this summons, which is issued upon the application of …………………………………………………………….. of ………………………………………………………….for an order that (state the object of the application).

DATED this …………………. day of …………………………………………………………………………. 20 …………………

This summons was taken out by ………………………………………………. of ……………………………………………… legal practitioner for the above-mentioned.

The respondent may appear hereto by entering appearance personally or by a legal practitioner either by handing in the appropriate forms, duly completed, at the Federal High Court Registry or by sending them to that office by post.

Note

If the respondent does not enter appearance within the time and at the place above-mentioned, such order will be made and proceedings taken as the Judge may think just and expedient.

FORM 55

[Order 7 rule 2.]

NOTICE OF APPOINTMENT TO HEAR ORIGINATING SUMMONS

(Title, etc., as in Forms 2 and 3)

To (insert the name of the defendant or respondent) …………………………………………………………………………

Take notice that you are required to attend the Judge’s Chambers at the Federal High Court ………………………………………………………. on the ……………………….. day of ……………………………………. 20 ………………… at …………………….. o’clock in the ………………….. noon, for the hearing of the originating summons issued on the …………………………. day of …………………………….. 20 ………………… and that if you do not attend in person or by a legal practitioner at the time and place mentioned, such order will be made and proceedings taken as the Judge may think just and expedient.

DATED this …………………. day of …………………………………………………………………………. 20 …………………

(Signed) …………………………………………………………..

Legal Practitioner for the Plaintiff

(or Applicant)

FORM 56

[Order 7 rule 2.]

ORIGINATING SUMMONS

No. …………………………………………. 20 ………………………………

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

In the matter of A.B. a Legal Practitioner, (Re: Taxation of costs, etc.) (or as the case may be).

Let A.B. of ………………………………………………. attend before the Judge (or Chief Registrar) in Chambers,

(or Chief Registrar’s Office).

Federal High Court Registry on the …………………………. day of ………………………………… 20 ………………… at ……………………………….. o’clock in the …………………………….. noon (on the hearing of an application) on the part of ………………………………………………………………………………………………… (State relief sought)

(If for leave to enforce award under the Arbitration and Conciliation Act (Cap. A18), add “And that the respondents do pay the costs of this application to be taxed.”)

Dated, etc. ……………………………………….. this summons was taken out by …………………………………………..

Note

It will be necessary for you to enter an appearance in the Federal High Court Registry but if you do not attend either in person or by your legal practitioner at the time and place above mentioned (or at the time mentioned in the endorsement hereon), such order will be made and proceedings taken as the Judge may think just and expedient.

FORM 57

[Order 7 rule 2.]

FORM OF EX PARTE ORIGINATING SUMMONS

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Suit No. ……………………………….. of 20 ……………………….

In the matter of A. B. an infant (or as the case may be).

Let all parties concerned attend before the Judge or (Chief Registrar) in Chambers of the Judge, (or (Chief Registrar’s Office), Federal High Court at the time specified in the margin hereof, on the hearing of an application on the part of the above-named A.B, an infant, by C.D. his next friend, that, etc.

This summons was taken out by ………………………………………………….. of ………………………………………….. (agents for …………………………………………………………………….. of …………………………………………………… )

Legal Practitioners for applicant.

FORM 58

ORDER (GENERAL FORM)

(Heading as in Form 1)

*Judge (or Chief Registrar) in Chambers.

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

Upon hearing …………………………………… and upon, reading the affidavit of ………………………………………. filed herein …………………………………………………………………….. it is ordered ………………………………………. and that the costs of this application be …………………………………………………………………………………………..

DATED this …………………. day of …………………………………………………………………………. 20 …………………

*Insert name of Judge or Chief Registrar.

FORM 59

SUMMONS FOR DIRECTIONS

(Headings as in Form 1)

N.B. Applicants to complete the text of any matter required and to strike out the number opposite any matter not required but not to strike out the text, which must be left for the Judge.

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Suit No. ……………………………….. of 20 ……………………….

FORM 59—continued

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. …………………………………………………………………………………………………………………………. Defendant

Let all parties concerned attend the Judge in Chambers, of the Federal High Court ……………………………….Judicial Division on ………………………………………………….. day of …………………………….. 20 ………………… at ………………………… o’clock in the ……………………. noon on the hearing of an application for directions in this action:

1. This action be consolidated with action(s) ……………………………. No. ………………………………………. and ……………………………………. No. ……………………………………………
2. The action be referred to an official referee and that the costs of this application be costs in the cause.
3. The plaintiff have leave to amend the writ by …………………………………………………………………. and that service of the writ and the defendant’s appearance stand and that the costs incurred and thrown away by the amendment be the defendant’s in any event.
4. The plaintiff have leave to amend the statement of claim as shown in the document delivered herewith and to redeliver the amended statement of claim in ………………………… days, with leave to the defendant to redeliver an amended defence (if so advised) in ……………………….. days thereafter, (and with leave to the plaintiff to redeliver an amended reply (if advised) in ………………………………. days thereafter) and that the costs incurred and thrown away by the amendments by the defendant’s in any event.
5. The defendant have leave to amend the defence as shown in (the document delivered with) the defendant’s notice under this summons and to redeliver the amended defence in ………………………… days (with leave to the plaintiff to redeliver an amended reply (if do advised) in ………………………… days thereafter) and that the costs of and costs thrown away as the result of the amendments be the plaintiff’s in any event.
6. The plaintiff deliver to the defendant within …………………… days, the further and better particulars of the statement of claim specified in (the document delivered with) the defendant’s notice under this summons.
7. The defendant deliver to the plaintiff within …………………… days, the further and better particulars of the defence specified in the document delivered herewith.
8. The plaintiff deliver to the defendant within ……………………. days, further and better particulars of the reply specified in (the document delivered with) the defendant’s notice under this summons.
9. The plaintiff give security for the defendant’s costs to the satisfaction of the Chief Registrar or Registrar, Federal High Court in the sum of …………………………………………………. on the ground …………………………………… (state grounds) and that in the meantime all further proceedings stayed.
10. The plaintiff within ………………………………. days deliver to the defendant, a list, file an affidavit of documents limited to the documents relating to the (special damage claimed) (plaintiff’s industrial injury, industrial disablement); (or sickness benefit rights) period from …………………………………….. …………………………………… to ……………………………………………………. (issues raised in paragraphs …………………………………… of the statement of claim and paragraphs ………………………………………. of the defence issues of ……………………………………………………………………………………………………. ).

FORM 59—continued

11. The defendant within ………………………… days, deliver to the plaintiff and file an affidavit of documents limited to documents relating to the period from ……………………………….. to ……………………. Issues raised in paragraphs ………………………. of the statement of defence issues of …………………..
12. There be inspection of documents within ………………………….. days of the delivery of the list filing of affidavits.
13. The plaintiff have leave to deliver to the defendant the interrogatories shown in the document delivered herewith and the defendant answer the interrogatories on affidavits within ………………….. days.
14. The defendant have leave to deliver to the plaintiff the interrogatories shown in the documents delivered with the defendant’s notice under this summons and that the plaintiff answer the interrogatories on affidavit within ………… days.
15. The plaintiff (defendant) retain and preserve, pending the trial of the action upon ………………………. days’ notice to give inspection of …………………………………………… the subject matter of the action, to the defendant (plaintiff and to his legal adviser (and experts).
16. The statements in ……………………………………………… be admissible in evidence at the trial without calling as witness, the maker of the statements (and if a copy of that document certified by …………. ……………………………… to be true, copy is produced, without production of the original document).
17. An affidavit of …………………………………………………….. (in the form of the draft affidavit) delivered herewith with the defendant’s notice under this summons) (to be delivered within ……………………… days) be admissible in evidence at the trial.
18. Evidence of the following fact(s), namely ……………………………………………………………………………… be received at the trial by statement on oath of information and belief (by the production of the following document or entries in books or copy entries in books, namely …………………………………..
19. It be recorded that the parties (plaintiff) (defendant) (refuses to) admit for the purposes of this action that ………………………………………………………………………………………….. (the truth of the state in the document delivered (herewith) (with the defendant’s notice under this summons).
20. ………………………………………………………………………………………. a witness on behalf of the plaintiff (defendant) may, upon ……………………… days’ notice, be examined before one of the examiners of the Court (as special examiner to be agreed upon by the parties) and that the said witness need not attend the trial.
21. A medical report be agreed, if possible and that, if not, the medical evidence be limited to ………….. ……………………………………………………………………………………………………. witnesses for each party.
22. A report by engineers (surveyors) experts ……………………………………………………………………………… be agreed, if possible and that, if not, the expert evidence be limited to ……………………………………… witnesses for each party.
23. A plan of the locus in quo other than a sketch plan be receivable in evidence at the trial.
24. Photographs and a plan of the locus in quo be agreed, if possible.
25. By consent, (the right of appeal be excluded) (any appeal to be limited to questions of law only).
26. Trial place ……………………………………………………….. mode ……………………………………………………… (Estimated length ……………………….. to be set down within ……………………….. days (and to be tried immediately after the action No. ……………………………………. of 20 …………………………………………..

FORM 59—continued

27. The costs of this application be costs in the cause.

DATED the …………………… day of …………………………………………………………………………. 20 …………………

To the defendant(s) and to his (their) Legal Practitioner.

This summons was taken out by of ……………………………………………….

28. …………………………………………………………………………………………………………………………………………

……………………………………………………………………….

Legal Practitioner for the Plaintiff

FORM 60

[Order 41 rule 11.]

SHORT ORDER FOR ISSUE OF COMMISSION TO EXAMINEWITNESSES

(Heading as in Form 1)

Upon hearing ……………………………………. and upon reading the affidavit of ………………………………………. filed the ……………………………. of ……………………………………. 20 ………………………. it is ordered, that the…………………………………… be at liberty to issue a commission for the examination of witnesses on behalf of …………………………………………………………………………………………………………………………………….

And it is further ordered that the trial of this action be stayed until the return of the said commission (the usual long order to be drawn up) unless agreed upon by the parties within one week, to be settled by the Chief Registrar or Registrar (as the case may be) Registrar of the Federal High Court and that the costs of this application be ………………………………………………………………………………………………………………………..

DATED the …………………… day of …………………………………………………………………………. 20 …………………

FORM 61

[Order 41 rule 12.]

ORDER FOR ISSUE OF LETTER OF REQUEST TO TAKE EVIDENCE ABROAD

(Heading as in Form 1)

It is ordered, that a letter of request do issue direct to the proper tribunal for the examination of the following witnesses, that is to say—

E.F. of ………………………………………………………………………………………………………………………………………..

G.H. …………………………………………………………………………………………………………………………………………..

and I.J. ……………………………………………………………………………………………………………………………………….

And it is ordered, that the depositions taken pursuant thereto when received be filed at the Judicial Division of the Federal High Court Registry and be given in evidence on the trial of this action, saving all just exceptions and it is further ordered that the trial of this action be stayed until the said depositions have been filed.

Note

For form of undertaking to be given by Legal Practitioner on issuing letter of request, see Form 65.

FORM 62

[Order 41 rule 12.]

LETTER OF REQUEST TO TAKE EVIDENCE ABROAD (WHERE NO CONVENTION)

(Heading as in Form 1)

To the President and Judges of, etc. (or as the case may be)

Whereas an action is now pending in the Judicial Division of the Federal High Court in which A.B. is plaintiff and C.D. is defendant. And in the said action the plaintiff claims:

(Endorsement upon writ)

And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say—

E.F. of ………………………………………………………………………………………………………………………………………..

G.H. …………………………………………………………………………………………………………………………………………..

and I.J. ……………………………………………………………………………………………………………………………………….

And it appears that such witnesses are resident within the jurisdiction of your honourable Court.

Now I, the Hon. Justice …………………………………………, as the Chief Judge of the said Federal High Court have the honour to request and hereby request, that for the reasons aforesaid and for the assistance of the ………………………………………………………………………. Judicial Division of the Federal High Court of……………………………………………………………………………………… you as the President and Judge of the said………………………………………………………………………………. or some one or more of you, will be pleased to summon the said witnesses (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing to summon) to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of, the plaintiff and the defendant or such of them as shall, on due notice given, attend the examination.

And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing and all books, letters, papers and documents produced upon such examination to be duly marked for identification and that you will be further pleased to authenticated such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return it, together with the requests in writing, if any, for the examination of other witnesses through the Ministry of Foreign Affairs, for transmission to the said Federal High Court of ………………………………

Note

“due notice given”. This refers to a notice to be given by the Legal Practitioners having conduct of the action.

For Form of Letter of Request to a Convention Country, as to undertaking by Legal Practitioner, see

Form 65.

FORM 63

[Order 40 rule 13.]

LEGAL PRACTITIONER’S UNDERTAKING AS TO EXPENSES

(Heading as in Form 1)

I (or we) hereby undertake to be responsible for all expenses ( ) by the Ministry of Foreign Affairs in respect of the letter of request issued herein on the ………………………………………………….. and on receiving

FORM 63—continued

due notification of the amount of the expenses undertake to pay them as directed by the Chief Registrar of the Federal High Court. The following have been appointed as agents for the parties in connection with the execution of the above letter of request:

Plaintiff’s Agent ……………………………………………………………….. of ………………………………………………….

Defendant’s Agent …………………………………………………………….. of ………………………………………………….

DATED the …………………… day of …………………………………………………………………………. 20 …………………

……………………………………………………………………….

Legal Practitioner

FORM 64

[Order 13 rule 20 (a). Order 40 rule 13.]

LETTER OF REQUEST TO TAKE EVIDENCE ABROAD (CONVENTION COUNTRY)

(Heading as in Form 1)

To the Competent Judicial Authority of …………………………………… in the ………………………………………….. of ………………………………………………………………….. Whereas a civil (commercial) action is now pending in the Federal High Court of Nigeria, in which …………………………… is plaintiff and …………………………… is defendant.

And in the said action the plaintiff claims ……………………………………………………………………………………….

And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say ……………………………………………….. ………………………….. of …………………………………………………….. and …………………………………………………. of ………………………………………………………………………………………….

And it appears that such witnesses are resident within your jurisdiction. Now, I, the Chief Judge of the Federal High Court, Nigeria, have the honour to request and do hereby request, that for the reason aforesaid and for the assistance of the said Court, you will be pleased to summon the said witnesses (and such other witness as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to ( ) at such time and place as you shall appoint before you or such other person as according to your procedure is competent to take the examination of witnesses and that you will cause such witnesses to be examined (upon the interrogatories which accompany this letter of request) viva voce touching the said matters in question in the presence of the agents of the plaintiff and the defendant or such of them as shall, on due notice given, attend such examination.

And I further have the honour to request that you will permit the agents of both the said plaintiff and the defendant or such of them as shall be present to be at liberty to examine (upon interrogatories and viva voce upon the subject-matter thereof or arising out of the answer thereto) such witnesses as may after due notice in writing be produced on their behalf and give liberty to the other party to cross-examine the said witnesses (upon cross interrogatories and viva voce) and the party producing the witnesses for examination liberty to re-examine them viva voce.

And I further have the honour to request that you will be pleased to cause the answers of the said witnesses and all additional viva voce question, cross-examination whether on examination, or re-examination the evidence of such witnesses to be reduced into writing and all books, letters, papers and

FORM 64—continued documents produced upon such examination to be duly marked for identification and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return it, together with (the interrogatories and crossinterrogatories and) a note of the charges and expenses payable in respect of the execution of this request through the Ministry of Foreign Affairs from where the same was received for transmission to the

Federal High Court ………………………………………………………………….

DATED the …………………… day of …………………………………………………………………………. 20 …………………

Note

*“due notice in writing”. This refers to a notice given by the Legal Practitioner having conduct of the action.

FORM 65

[Order 40 rule 14.]

ORDER FOR APPOINTMENT OF THE NIGERIAN DIPLOMATIC AGENT AS SPECIAL EXAMINER

(IN CONVENTION COUNTRY)

(Heading as in Form 1)

Upon hearing the Legal Practitioner on both sides, and upon reading the affidavit of ………………………………………………………………………………………………………………………….. dated …………………………………………..

It is ordered that the Nigerian Diplomatic Agent or his deputy at ……………………………………………………….. be appointed as Special Examiner for the purposes of taking the examination, cross-examination and re-examination viva voce, on oath or affirmation, of …………………………………………………………………………….. witnesses on the part of the ……………………………………………………………………………………………………… at in (name of country). The examiner shall be at liberty to invite the attendance of the said witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be taken in accordance with the Nigerian High Court procedure. The …………………………………………. ……………………………………………………… Legal Practitioners to give to the …………………………………………..

Legal Practitioners …………………………………. days’ notice in writing of the date on which they propose to send out this order to ……………………………………… for execution and that …………………….. days after the service of such notice the legal practitioner for the plaintiffs and defendants respectively do exchange the names of their agents at …………………………………………….. to whom notice relating to the examination of the said witnesses may be sent. And that ………………. days (exclusive of Sunday) prior to the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party (unless such notice be dispensed with). And that the depositions when taken, together with any documents referred to therein or certified copies of documents, or of extracts therefrom be transmitted by the Examiner, under seal, to the Chief Registrar of the Federal High Court Nigeria on or before the …………………………………………………………….. day of ……………………………………….. next or such further or other day as may be ordered, there to be filed in the proper office. And that either party be at liberty to read and give such deposition in evidence on the trial of this action, saving all just exception. And that the trial of this action be stayed until the filing of such examination and that the cost of the examination be costs in the action.

DATED the …………………… day of …………………………………………………………………………. 20 …………………

FORM 65—continued

Note

If the Convention requires that the invitation or notice to the witnesses must expressly state that no compulsory powers may be used, this requirement must be complied with.

FORM 66

[Order 33 rule 10 (b).]

ORDER FOR PRODUCTION OF SHIP’S PAPERS

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Suit No. ……………………………….. of 20 ……………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. …………………………………………………………………………………………………………………………. Defendant

Upon hearing the Legal Practitioners or agents for all parties, it is ordered that the plaintiff and all persons interested in these proceedings and in the insurance, the subject of this action, do produce and show to the defendant, his Legal Practitioners or agents upon oath all insurance slips, policies letters of instruction or other orders for effecting such slips or policies or relating to the insurance of the subject matter of the insurance on the ship …………………………………………………………………………….. or the cargo on board thereof or the freight thereby and also all documents relating to the sailing or alleged loss of the all letters and correspondence with any person or person in any manner relating to the effecting of the insurance on the said ship, the cargo on board thereof or the freight thereby, or any other insurance whatsoever effected on the said ship, or the cargo on board thereof or the freight thereby on the voyage insured by or relating to the policy used upon in this action or any other policy whatsoever effected on the said ship or the cargo on board thereof or freight thereby on the same voyage. Also all correspondence between the captains or agents of the vessel and any other person, with the owner or any person or persons previous to the commencement of or during the voyage upon which the alleged loss happened. Also all protests, survey, logs-books, charter-parties, trades-men’s bills for repairs, average statements letters, invoices, bills of parcels, bills of lading, manifest, accounts, account-current, account-sale bills or exchange, receipts, vouchers, books, documents, powers of attorney, correspondence, papers and writings, (whether originals, duplicates or copies) respectively which now are in the custody, possession or power of the plaintiff or any other person, his or the or any of either of their brokers, Legal Practitioners or agents any way relating to or referring to the matters in question in this action, with liberty for the defendant, his Legal Practitioners or agents to inspect and take copies of or extracts from the same or any or either of them and that in the like manner the plaintiff and the said other persons interested as aforesaid do account for all such documents as were once but are not now in his, their or any or either of their possession, custody or power and that in the meantime all further proceedings be stayed and that the costs of and occasioned by this application be costs in the action.

FORM 67

[Order 15.]

DEFAULT OF APPEARANCE AND DEFENCE IN CASE OF LIQUIDATED DEMAND

In the Federal High Court

In the ……………………………………………………………………………………………………………….. Judicial Division

Suit No. ……………………………….. of 20 ……………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The defendant (if the defendant resides abroad, add “residing out of the jurisdiction” or if service was substituted and “having been served by substituted service”) not having appeared to the writ of summons herein (or, not having delivered any defence), it this day adjudged that the plaintiff recover against the said defendant ₦ ………………………………. and ₦ …………………….. costs (or costs to be taxed).

The above costs have been taxed and allowed at ₦ …………………………….. as appears by a taxing officer’s certificate dated the …………………………………………… day of ……………………………………. 20 …………………

FORM 68

[Order 15.]

INTERLOCUTORY JUDGMENT IN DEFAULT WHERE DEMAND UNLIQUIDATED

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

No appearance having been entered to the writ of summons (or no defence having been delivered by the defendants) herein, it is this day adjudged that the plaintiff recover against the defendants the value of the goods (or damages, or both as the case may be) to be assessed.

FORM 69

INTERLOCUTORY AND FINAL JUDGMENT IN DEFAULT WHERE DEMAND UNLIQUIDATED

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

FORM 69—continued

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

No appearance having been entered to the writ of summons (or no defence having been delivered by the defendants) herein, it is this day adjudged that the plaintiff recover against the defendants (the value of the goods or damages or both, as the case may be) to be assessed.

The amount found due to the plaintiff under this judgment having been certified at the sum of ₦ ………….. ………………………………………… as appears by the Chief Registrar’s or Registrar’s finding the ………………… day of ……………………………………… 20 ……………………

FORM 70

[Order 15.]

DEFAULT JUDGMENT IN DETINUE

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The defendants not having appeared to the writ of summons herein (or not having delivered any defence), it is this day adjudged that the plaintiff do have a return of the chattels in the writ of summons (or statement of claim) mentioned and described as (description of chattels) or recover against the defendants their value to be assessed and damages for their detention to be also assessed.

The value of the ………………………………………………… having been assessed at the sum of ₦ ………………… and the damages at the sum of ₦ ……………………………. as appears by the Chief Registrar’s or Registrar’s finding on the ………………….. day of …………………………………………………………………….. 20 …………………

It is adjudged that the plaintiff recover from the defendants the sum of ₦ ……………………………. and costs to be taxed.

The above costs have been taxed, etc. (as in Form 69, supra).

FORM 71

[Order 15.]

JUDGMENT IN DEFAULT OF APPEARANCE IN ACTION FOR RECOVERY OF LAND, DAMAGES AND COSTS

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

FORM 71—continued

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

No appearance having been entered to the writ of summons herein, it is this days adjudged that the plaintiff recover possession of the land in the endorsement on the writ described as …………………………………….

And it is further adjudged that the plaintiff recover against the defendants damages to be assessed.

The amount found due to the plaintiff under this judgment having been certified at the sum of ₦ ……………………………………… as appears by (official Referee’s certificate or the Chief Registrar’s finding) filed the…………………………………… day of …………………………………………………………………………. 20 …………………

FORM 72

[Order 15.]

JUDGMENT FOR RECOVERY OF LAND ONLY

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………. 20 ……………………………..

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

No appearance having been entered (or, no defence having been delivered) herein, it is this day adjudged that the plaintiff recover possession of the land in the writ of summons (or statement of claim) mentioned and described as (describe the property).

Note

No costs in default of appearance. Costs to be taxed in default of defence.

FORM 73

[Order 15.]

FINAL JUDGMENT AFTER ASSESSMENT OF DAMAGES

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

FORM 73—continued

The Plaintiff having on the ………………………………… day of ……………………………………. 20 …………………obtained interlocutory judgment herein against the defendants for damages (or as may be) to be assessed and the amount found due to the plaintiff having been certified at ₦ …………………………………. as appears by (Official Referee’s Certificate or the Chief Registrar’s or Registrar’s finding under order or as the case may be) filed the ………………………………………………. day of ……………………………………. 20 …………………

Therefore it is adjudged that the plaintiff recover against the defendants ₦ ………………………….. and costs to be taxed.

The above costs have been taxed, etc.

This form is used where Form 70, 71, 72 and 77 are not applicable, at the option of the Plaintiff.

Note

FORM 74

JUDGMENT AFTER APPEARANCE AND ORDER

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………. 20 ……………………………..

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The defendants having appeared to the writ of summons herein and the plaintiff having by the order of …………………………………………………… dated the …………………… day of …….. 20 ………………………….. obtained leave to sign judgment under section 44 …………………. of the Act (or section(s) …………………….of ……………………………. ).

It is this day adjudged that the plaintiff recover against the defendant ₦ ………………………… or possession of the land in the endorsement on the writ described as ………………………………. and ……………………………₦ …………………………… costs (or, costs to be taxed).

Note

Unless otherwise ordered, the judgment is dated as of the day on which the order is made.

FORM 75

JUDGMENT FOR UNLIQUIDATED DEMAND

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

FORM 75—continued

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The defendants having appeared to the writ of summons herein and the plaintiff having by the order of …………………………………….. dated the ………………………………….. day of …………………20 ………………. obtained leave to sign judgment under (or section(s) ………………………………………………………………………..of …………………………………… for ……………………………………….. )

It is this day adjudged that the plaintiff recover against the defendants (damages or as the case may be) to be assessed.

The amount found due to the plaintiff under this judgment having been certified at the sum of ₦ ………….. ……………………………….. as appears by (official referee’s certificate or the Chief Registrar’s finding dated …………………………………………….. ) filed the ………………… day of …………………………….. 20 …………………

It is adjudged that the plaintiff recover against the defendants ₦ and costs to be taxed.

The above costs have been taxed and allowed at ₦ …………………… as appears by the Chief Registrar’s or Registrar’s Certificate dated the ………………………….. day of ………………………………… 20 …………………….

(Additional form in official use)

FORM 76

JUDGMENT AFTER TRIAL BEFORE CHIEF REGISTRAR OR REFEREE

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The matter of (state matter referred) action having by an order dated the ……………… day of …………………20 …………………………. been referred for trial to (name of Chief Registrar or official Referee) and the said (Chief Registrar or Official Referee) having tried the said action and, having by his (Certificate or Report) dated the ……………… day of …………………………………………………………………………. 20 ………………… directed that the judgment be entered for (state substance of certificate or report).

It is this day adjudged that ₦ ………………….. and costs to be taxed be recovered by the ……………………….. against ……………………………………………………………………………………………………………………………………….

The above costs have been taxed and allowed at ₦ ……………………….. as appears by the Chief Registrar’s certificate dated the …………………………. day of ………………………………………………………. 20 …………………

FORM 77

JUDGMENT AFTER TRIAL OF QUESTIONS OF ACCOUNT BY REFEREE

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The questions of account in this action having been referred to …………………………………………………………. and he having found that there is due from the …………………………………. to the …………………………………… the sum of ₦ ………………….. and directed that the ……………………………. do pay the costs of the reference.

It is this day adjudged that the ……………………………… recover against the said ……………………………………₦ ………………………………… and costs to be taxed.

The above costs have been taxed and allowed at ₦ ……………………….. as appears by the Chief Registrar’s Certificate dated the ……………………………. day of …………………………………………………… 20 …………………

FORM 78

JUDGMENT UPONMOTION FOR JUDGMENT

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

Dated and entered the …………………………. day of …………………………………………………… 20 …………………

This action having on the …………………….. day of …………………………………………………… 20 …………………come before the Court on motion for judgment on behalf of the (party moving the Court) and the Court after hearing the Legal Practitioner for the (plaintiff and defendants, as the case may be) having ordered that (recite direction for judgment).

It is this day adjudged that the …………………………………….. recover against the …………………………………… and costs to be taxed.

The above costs have been taxed and allowed at ₦ ………………………… as appears by the Taxing Officer’s Certificate dated the ……………………………. day of …………………………………………………… 20 …………………

FORM 79

JUDGMENT FOR DISMISSAL

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

FORM 79—continued

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

Dated and entered the …………………………. day of …………………………………………………… 20 …………………

This action having on the …………………….. day of …………………………………………………… 20 …………………been called on for hearing before ……………………………………………………… , and the plaintiff having failed to appear and the defendants having thereupon become entitled under Order ………………………………………. to judgment dismissing the action and the said …………………………………………………………. having ordered that judgment be entered accordingly.

Therefore it is adjudged that this action do stand dismissed out of this Court with costs.

And it is further adjudged that the defendants recover against the plaintiff their costs to be taxed.

The above costs have been taxed, etc.

FORM 80

JUDGMENT FOR DEFENDANT’S COSTS ON DISCONTINUANCE

The …………………………….. day of …………………………………………………………………………. 20 …………………

The plaintiff having by a notice in writing dated the ………………………… day of …………………………………… 20 …………………………………….. wholly discontinued this action (or withdrawn his claim in this action for ………………………………………………………….. or withdrawn so much of his claim in this action as relates to ……………………………………………………………………………….. as the case may be).

It is this day adjudged that the defendant recover against the plaintiff costs to be taxed.

The above costs have been taxed and allowed at ₦ ………………………… as appears by the Taxing Officer’s Certificate dated the ……………………………. day of …………………………………………………… 20 …………………

FORM 81

JUDGEMENT FOR PLAINTIFF’S COSTS AFTER CONFESSION OF DEFENCE

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The defendants in their statement of defence herein alleged a ground of defence which arose after the commencement of this action and the plaintiff, having on the …………………… day of …………………………… 20 …………………………… delivered a confession of that defence:

FORM 81—continued

It is this day adjudged that the plaintiff recover against the defendants costs to be taxed.

The above costs have been taxed and allowed at ₦ ………………………… as appears by the Taxing Officer’s Certificate dated the ……………………………. day of …………………………………………………… 20 …………………

FORM 82

JUDGMENT FOR COSTS AFTER ACCEPTANCE OFMONEY PAID INTO COURT

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The defendants having paid into Court in this action the sum of ₦ …………………………… in satisfaction of the plaintiff’s claim and the plaintiff having by his notice dated the …………………….. day of ………………..20 ……………………………… accepted that sum in satisfaction of his entire cause of action and the plaintiff’s costs herein having been taxed and the defendants not having paid the same within 48 hours after the said taxation:

It is this day adjudged that the plaintiff recover against the defendant costs to be taxed.

The above costs have been taxed and allowed at ₦ ………………………… as appears by the Taxing Officer’s certificate dated the …………………………….. day of …………………………………………………… 20 …………………

FORM 83

JUDGMENT FOR PLAINTIFF’S COSTS AFTER CONFESSION OF DEFENCE

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The defendants in their statement of defence herein alleged a ground of defence which arose after the commencement of this action and the plaintiff having on the …………………………… day of …………………….

20 ……………………….. delivered a confession of that defence.

It is this day adjudged that the defendant recover against the plaintiff costs to be taxed.

The above costs have been taxed and allowed at ₦ ………………………… as appears by the Taxing Officer’s certificate dated the …………………………….. day of …………………………………………………… 20 …………………

FORM 84

JUDGMENT FOR COSTS AFTER ACCEPTANCE OFMONEY PAID INTO COURT

In the Federal High Court

Suit No. …………………………………….. of ……………………………………………………………….. 20 ………………….

Between

A.B. ……………………………………………………………………………………………………………………………. Plaintiff

and

C.D. and E.F. ……………………………………………………………………………………………………………. Defendants

The …………………………….. day of …………………………………………………………………………. 20 …………………

The defendants having paid into Court in this action the sum of ₦ …………………………… in satisfaction of the plaintiff’s claim and the plaintiff having by his notice dated the …………………….. day of ………………… 20 …………………………….. accepted that sum in satisfaction of his entire cause of action and the plaintiff’s costs herein having been taxed and the defendants not having paid the same within 48 hours after the said taxation:

Directed to ………………………………………………………………………………………………………………………………….

Returnable ………………………………………………………………………………………………………………………………….

DATED the …………………… day of …………………………………………………………………………. 20 …………………

(Signed) …………………………………………………………..

(Address) …………………………………………………………

……………………………………………………………………….

Legal Practitioner for the

……………………………………………………………………….

FORM 85

[Order 45 rule 9.]

WRIT OF HABEAS CORPUS AD SUBJICIENDUM

(Heading as in Form 53)

To the Director of the Prison at ……………………………………………………………………………………………………..

You are hereby ordered to have in the Federal High Court (or before a Judge in Chambers) at …………………………………………….. on the day and at the time specified in the notice served with this writ, the body of…………………………………………………………………… being taken and detained under your custody as is said, together with a statement of the day and cause of his being taken and detained, by whatsoever name he may be called therein, that the Court (or Judge) may then and there examine and determine whether such cause is legal and have there then this writ.

……………………………………………………………………….

Judge

Federal High Court

DATED the …………………… day of …………………………………………………………………………. 20 …………………

Endorsement

By order of Court (or of Honourable Justice) ………………………………………………………………………………….

This writ was issued by …………………………. of …………………. Legal Practitioner for ……………………………

FORM 86

[Order 45 rule 9.]

NOTICE TO BE SERVED WITHWRIT OF HABEAS CORPUS AD SUBJICIENDUM

In the Federal High Court (If in a cause already begun, here insert the title, not otherwise.)

Whereas this Court (or the Honourable Justice) ………………………………………………. has granted a writ of habeas corpus directed to …………………………………………………….. (or other person having the custody of……………………………………………………………………………………, if so) commanding him to have the body of…………………………………………………………………. before the said Court (or before the Judge in Chambers) at the ………………………………………………………….. Federal High Court on the day and at the time specified in this notice, together with a statement of the day and cause of his being taken and detained.

Take notice that you are required by the said writ to have the body of the said ……………………………………..before this Court (or before the Judge aforesaid) on ………………………………… the ……………………………….. day of ………………………………………………… 20 …………………… at ……………… o’clock before noon and to make a return to the said writ. In default thereof, the said Court will then or so soon thereafter as counsel can be heard, be moved to commit you to prison for your contempt in not obeying the said writ (or if in vacation, application will then be made to one of the Judges of the said Court for a warrant for your arrest in order that you may be held to bail to answer for your contempt in not obeying the said writ).

DATED the …………………… day of …………………………………………………………………………. 20 …………………

(Signed) …………………………………………………………..

(of) …………………………………………………………………

Legal Practitioner for

……………………………………………………………………….

FORM 87

[Order 45 rule 9.]

WRIT OF HABEAS CORPUS AD TESTIFICANDUM

(Heading as in Form 53)

To the Director of the Prison at ……………………………………………………………………………………………………..

You are hereby commanded to have before ………………………………………………. (give description of court) on ………………………………………. the …………………… day of ………………………………… 20 …………………….at …………………………… o’clock in the forenoon, the body of …………………………………………………… being committed and detained in the Federal Prison at ………………………………………………… under your custody, as is said, then and there to testify the truth and give evidence on behalf of …………………………………………. against…………………………………………………………………. for ………………………………………….. (description of offence or other proceeding) and so from day to day until the said …………………………………………………. shall have given his evidence as aforesaid. And when he shall have given his evidence, then you take him back without delay to the said prison under your custody and cause him to be detained therein under safe custody, until he shall be from thence discharged by due course of law.

……………………………………………………………………….

Judge

By order of ………………………………………………………………………………………………………………………………….

 

FORM 87—continued

ENDORSEMENT

This writ was issued by ……………………………………………….. of ………………………………………………………….

Legal Practitioner for ……………………………………………………….

FORM 88

[Order 54 rule 5.]

REGISTRAR’S PROCESS BOOK

 

No. of suit or plaant	Plaintiff	Defendant	Nature of writ	Issued for	Issued against	Date	Time/hours/minutes	a.m./p.m.	Registrar’s signature

COURT OF APPEAL RULES, 2002

Practice Direction

[Commencement.]

In exercise of the powers conferred upon me by section 248 of the Constitution of the Federal Republic of Nigeria, 1999 and by virtue of all other powers enabli