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FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2009
ARRANGEMENT OF RULES
ORDER 1 – REVOCATION, CITATION, SAVINGS, ETC.
ORDER 2 – PLACE OF INSTITUTING TRIAL OF SUITS
(2) Suits relating to taxation, etc.
(3) Suits for penalties
(4) Suits upon contract
(5) Suits relating to Customs, Excise, Tariff, etc.
(6) Suits relating to foreign trade
(7) Suits relating to passport, immigration, etc.
(8) Suits relating to copyright
(9) Other suits.
ORDER 3 – FORM AND COMMENCEMENT OF ACTION
ORDER 4 – INDORSEMENT OF CLAIM AND OF ADDRESSES
ORDER 5 – PETITION:
GENERAL PROVISIONS
ORDER 6 – SERVICE OF PROCESS
A –SERVICE WITHIN JURISDICTION
B –SERVICE OUT OF JURISDICTION
C –GENERAL PROVISIONS
ORDER 7 – APPEARANCE
ORDER 8 – DEFAULT APPEARANCE
ORDER 9 – PARTIES
A –GENERAL
(2) Opting in and opting out
(2) How leave obtained
18 Form and issuance 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 Actions by and against firms
27 Disclosure of partners’ name
28 Appearance of partners
29 Application of rules to actions between co-partners
30 Persons trading as firms.
C –ALTERNATION OF PARTIES
D – LEGAL PRACTITIONERS OR AGENTS
ORDER 10 – JOINDER OF CAUSES OF ACTION
ORDER 11 – CONSOLIDATION
ORDER 12 -THE UNDEFENDED LIST
ORDER 13 – PLEADINGS
4-CENERAL
(2) How facts are to be stated
(2) Letter for particulars
(3) Particulars before defence
(2) The relief claimed to be stated
B – STATEMENT OF CLAIM
C –STATEMENT OF DEFENCE AND COUNTER-CLAIM
(2) Evasive denial
(3) Denials generally
(4) Persons in representative capacity
(5) Pleading to damages
(6) Set-off and counter-claim
(7) Title of counter-claim
(8) Claim against persons not parties
(9) Appearance by added parties
(10) Reply to counter-claim.
(11) Judgment for balance
(12) Grounds of defence after action brought
(13) Further defence or reply
(14) Concession to defence
(15) Defence in originating summons.
D-REPLY
(2) Reply to counter-claim
ORDER 14 -DEFAULT OF PLEADINGS
ORDER 15 – ADMISSIONS
ORDER 16 -PROCEEDINGS IN LIEU OF DEMURRER
ORDER 17 – AMENDMENT
ORDER 18 – SETTLEMENT OUT OF COURT AND SETTLEMENT OF ISSUES
ORDER 19 – PROCEEDINGS AT TRIAL
ORDER 20 – EVIDENCE GENERALLY
ORDER 21 – NON-SUIT
ORDER 22 – FILING OF WRITTEN ADDRESS
ORDER 23 – JUDGMENT, ENTRY OF JUDGMENT
ORDER 24 – DRAWING UP OF ORDERS
ORDER 25 – COSTS
ORDER 26 – INTERLOCUTORY APPLICATION
A- MOTIONS GENERALLY
(2) Motion list
B – EX PARTE MOTIONS
(2) Where anton piller order is applied for
C – ORDER TO SHOW CAUSE
D-NOTICEOFMOTION
E-EVIDENCE IN INTERLOCUTORY PROCEEDINGS
ORDER 27 – AFFIDAVITS
ORDER 28 – INTERLOCUTORY INJUNCTION AND INTERIM PRESERVATION OF PROPERTY
ORDER 29 – DISPUTING THE COURT’S JURISDICTION
ORDER 30 – INTERIM ATTACHMENT OF PROPERTY
ORDER 31 – NEEDLESS DETENTION OFCHATTLESAND REPARATION FOR IT
ORDER 32 – STAY OF PROCEEDINGS OR EXECUTION PENDING APPEAL
ORDER 33 – INTERPLEADER
ORDER 34 – APPLICATION FOR JUDICIAL REVIEW
ORDER 35 – COMMITTAL FOR CONTEMPT OF COURT
ORDER 36 – WRIT OF EXECUTION
ORDER 37 – GARNISHEE PROCEEDINGS
ORDER 38 – PROCEEDINGS IN FORMA PAUPERIS
ORDER 39 – ASSESSOR
3 Assessor to give advice only on his subject
4 Judge not bound to accept assessor’s advice
5 Assessor shall take oath of secrecy
ORDER 40
RECEIVER
ORDER 41 – REFERENCE TO REFEREE
(2) Referee may report questions of facts specially
ORDER 42 – PAYMENT INTO AND OUT OF COURT
ORDER 43 – DISCOVERY AND INSPECTION
(2) Form of notice
(2) Affidavit in support of application when required
(2) Power to order discovery of particular document or class of documents
ORDER 44 – ACCOUNTS AND INQUIRIES
ORDER 45 – ARREST OF ABSCONDING DEFENDANT
ORDER 46 – COURT SITTING AND VACATION
ORDER 47 – CAUSE LISTS
ORDER 48 – COMPUTATION OF TIME
ORDER 49 – TRANSFER
ORDER 50 – WITHDRAWAL AND DISCONTINUANCE
ORDER 51 – EFFECT OF NON-COMPLIANCE
ORDER 52 – ARBITRATION
A- REFERENCE TO ARBITRATOR
B –ARBITRAL PROCEEDINGS
C – ENFORCEMENT OF ARBITRAL AWARD
D –REGISTRATION OF FOREIGN ARBITRAL AWARD
ORDER 53 – APPEALS AND APPLICATIONS UNDER THE TRADE MARKS ACT AND PATENTS AND DESIGNS ACT
A-GENERAL
(2) Appeal from registrar
B –TRADE MARKS
C –PATENTS AND DESIGNS
ORDER 54 – APPEAL TO THE COURT FROM PROFESSIONAL BODIES
ORDER 55 – FEES AND ALLOWANCES
ORDER 56 – MISCELLANEOUS PROVISIONS
ORDER 57 – POWERS OF THE CHIEF JUDGE TO AMEND RULES AND ISSUE PRACTICE DIRECTIONS
ORDER 58 – ESTABLISHMENT OFCOMMUNICATIONS AND SERVICE CENTRE FORE-FILINC,
FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2009
In exercise of the powers conferred on me by section 254 of the Constitution of the Federal Republic of
Nigeria 1999, and of all other powers enabling me in that behalf, I, Abdullahi Mustapha, OFR, Chief Judge,
Federal High Court, hereby make the following Rules.
ORDER 1 – REVOCATION, CITATION, SAVINGS, ETC.
Revocation of Civil Procedure Rules 2000
Citation and commencement
Savings: Part-Heard Matters
(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 requirements of these
(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.
(5) 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.
Fundamental objective
Interpretation
“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;
“Concurrent Writ” has the same meaning as provided in Order 3 Rules 19 and 20 of these Rules;
“Court” means the Federal High Court;
“Court Process” or “process” includes writ of summons, originating summons, originating motions, originating process, notices, petitions, pleadings, orders, motions, summons, warrants and all documents or written communication of which service is required;
“Defendant” includes a defendant to a counter claim; “Judge” means judge of the Federal High Court;
“Legal Practitioner” means a Law Officer, a State Counsel or a Legal Practitioner entitled to practice before the court;
“Originating Process” means any court process by which a suit is initiated;
“Plaintiff'” includes a Claimant in a counter-claim; “Pleading”, does not include a petition, summons or. Preliminary act;
“Process Server” includes Sheriff. Deputy Sheriff. Bailiff, Special Marshal and all other persons appointed to serve Court processes;
“Registrar” means the Chief Registrar, Deputy Chief Registrar(s), Assistant Chief Registrar, Principal Registrar, Senior Registrar, Registrar, or any other officer acting or performing the functions of a Registrar
“Registry” means the registry of the Federal High Court in Lagos or other Divisions;
“Return Date” means the day endorsed on a court process for the appearance of the parties before the court or any other day the court may appoint or direct and in the case of order 12 of these Rules where a writ is marked “Undefended List” means the day fixed for hearing.
Meaning of other words
ORDER 2 – PLACE OF INSTITUTING AND TRIAL OF SUITS
Place for trial of Suits.
Suits relating to taxation, etc.
(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 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, Excise, Tariff etc.
(5) All suits and actions relating to the Customs, Excise, Tariff, etc. shall be commenced and determined in the jurisdiction of the Judicial Division in which the breach of the law, or contract took place or the port or border where the breach took place.
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 Judicial Division in which the diplomatic, consular or foreign trade is carried out.
Suits relating to passport, immigration, etc.
(7) All suits and actions in respect of citizenship, naturalization and aliens, repatriation of persons who are not citizens of Nigeria, passports and visas shall be commenced and determined in the Judicial Division in which the persons reside.
Suits relating to copyright.
(8) All suits and actions relating to copyright, patents, designs, trademarks and merchandise marks shall be commenced and determined in the Judicial Division in which the defendant resides or where the alleged passing off or infringement takes place.
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.
Judicial Division of Court in which suit may commenced
Suits commence in wrong Judicial Division.
Transfer of proceedings.
ORDER 3 – FORM AND COMMENCEMENT OF ACTION
Forms of commencement of action.
Proceedings which must be begun by write
(a) Where a plaintiff claims:
(i) Any relief or remedy for any civil wrong, or
(ii) Damages for breach of duty, whether contractual, statutory or otherwise, or
(iii) Damages for personal injuries to or wrongful death of any person, or in respect of damage or injury to any person, or property.
(b) Where the claim is based on or includes an allegation of fraud, or
(c) Where an interested person claims a declaration.
Mode of beginning civil proceedings commenced by writ of summons.
(a) Statement of claim,
(b) Copies of every document to be relied on at the trial,
Provided that dispute survey plans need not be filed at the commencement of the suit, but shall be filed within such time as may be ordered by the Court upon any application made under sub-rule 3 of t h i s rule,
(c) List of non-documentary exhibits,
(d) List of witnesses to be called at the trial , and
(e) Written statements on oath of witnesses;
Provided that;
(i) The statements on oath of witnesses requiring subpoena from the Court need not be filed at the commencement of the suit,
Civil Form I (a)
(ii) The witnesses who require subpoena or summons shall at the instance of the party calling them be served with Civil Form l(a) before the filing of the statements of such witnesses.
(2) Where a plaintiff fails to comply with sub-rule 1 of this rule, and rules 3 and 9 of this order his originating process shall not be accepted for filing by the Registry.
(3) In land matters a plaintiff may file a motion on notice along with the originating process, for leave to enter the land in dispute for the purpose of making dispute survey plan for the suit.
Form of writ; Civil Form 1.
Form of writ for service out of Nigeria Civil Form 2.
Proceedings which may be begun by originating summons.
Where right depends on construction of enactment
Discretion of the Judge
Forms of originating summons. Civil Forms 3, 4, 5.
(2) An originating summons shall be accompanied by:
(a) An affidavit setting out the facts relied upon, and
(b) Copies of all the exhibits to be relied upon
Originating process to be tested by its date.
(2) An originating process shall not be altered after it is sealed except upon application to a Judge in Chambers.
Preparing originating process.
(2) The person filing the originating summons shall leave at the Registry sufficient number of copies thereof together with the documents in sub-rule 2 of rule 9 of this rule for service on the respondent or respondents.
Sealing of originating process.
(2) A plaintiff or the plaintiff’s legal practitioner shall, on presenting any originating process for sealing, leave with the Registrar as many copies of the process as there are defendants to be served and one copy for endorsement of service on each defendant.
(3) Each copy shall be signed by the legal practitioner or by a plaintiff where the plaintiff sues in person and shall be certified after verification by the Registrar as being a true copy of the original process filed.
What is to be done after sealing?
Copies to be served
Duration of and renewal
(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 six 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.
Validity and renewal, renewal of originating summons
Endorsement of renewal. Civil Form 6.
Loss of originating process
Concurrent originating process
Concurrent originating process for service within and out of jurisdiction
ORDER 4
ENDORSEMENT OF CLAIM AND OF ADDRESSES
Endorsement
Endorsement as to representative capacity
What is endorsed where claim is liquidated?
Ordinary account
Endorsement of address by plaintiff or by legal practitioner
(a) The plaintiff’s residential or business address as the plaintiff’s address for service,
(b) His mobile telephone number and e-mail address where available,
(c) If the plaintiff lives and carries on business outside the judicial Division of the Court the process shall have stated on it by him an address within the jurisdiction as his address for service.
(2) Where a plaintiff sues through a legal practitioner, the legal practitioner shall state on the originating process.
(a) The legal practitioner’s chambers address as the address for service,
(b) His mobile telephone number and e-mail address where available,
(c) if the legal practitioner is based outside the judicial Division of the Court the legal practitioner shall state a chambers address within the jurisdiction as the legal practitioner’s address for service.
Originating process with no address
ORDER 5
PETITION
GENERAL PROVISIONS
Application
Contents of petition
(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 in person, the petition shall be endorsed with-
(a) the address of the person’s place of residence and if such person’s place of residence is not within jurisdiction or if such person has no place of residence, the address of a place within the jurisdiction at or to which documents for such person may be delivered or sent;
(b) The person’s occupation; and
(c) An address for service, mobile telephone number and e-mail address where available.
Presentation of petition
Fixing time for hearing, etc. of petition
(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. Certain applications not to be made by petition
ORDER 6
SERVICE OF PROCESS
A –SERVICE WITHIN JURISDICTION
By whom service is to be affected.
(a) The sheriff or a deputy sheriff, bailiff, officer of the court; or
(b) A person appointed thereof (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.
Service of process: how effected.
When process need not be served
Special bailiff
(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.
Substituted service
(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; or
(c) By advertisement in the Federal Government Official Gazette, or in some newspaper circulating within the jurisdiction; 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.
Service on employee of Government
Service on partners
Service on corporation or company
Service on board ship
Service on prisoners and lunatics
Service on infants
Service on local agent of principal who is out of jurisdiction
equivalent to personal service.
B – SERVICE OUT OF JURISDICTION
Service of writ out of jurisdiction
(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 situates within the jurisdiction and seeks relief of the nature or kind of the following that is to say. Sole 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 money due under the mortgage; or
(i) The action is one brought under the Civil Aviation Act or any regulation made in pursuance of the Act or any law relating to carriage by air.
Application to be supported by affidavit
(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.
Order to fix time for appearance
Service of notice
Service of originating summons, etc
(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 lunatic 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 where under 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 proceedings 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 proceeding duly instituted whether by writ of summons or other such originating process as aforesaid.
(2) The provisions of rule 14, 15 and 16 of this order shall apply mutatis mutandis to service under this rule.
Service abroad by letter of request
Civil Form 7
(a) the document to be served shall be sealed with the seal of the Court for use out of the jurisdiction, and shall be transmitted 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;
Civil Form 8
(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 as 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 provision 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 requirements of these
Rules in that behalf;
Civil Form 9
(d) Where an official certificate or declaration transmitted to the Court in 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 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, the Court may, without affecting the exercise of 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.
Service out of the jurisdiction under the Civil Aviation Act
(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.
Civil Form 10
(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 that 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 lime 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.
Service of documents abroad
Civil Form 8 and Civil Form 37
(a) the party bespeaking the service shall file in the registry a request in Form 8 or Form 37 in Appendix 6 to these Rule which form may be varied as may be necessary to meet the circumstances 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 citizen directly through the diplomatic channels in which case the translation and copies thereof need not accompany the request unless the Convention expressly required 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.
Saving for other modes of services
Air mail
Service for foreign tribunals
(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.
Substituted Service
Order thereon
C – GENERAL PROVISIONS
Where violence threatened
Affidavit of service
Expenses of service
Service on Sunday or public holiday
Recording of service
Interpretation
ORDER 7
APPEARANCE
Mode of entry of appearance. Civil Form II
Defendant appearing in person or represented by legal practitioner
(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 Judicial Division of the Court including mobile telephone number and E-mail address where available and where any such 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.
Memorandum of Appearance with no address for service
Defendants appearing through same legal practitioner
Person under legal disability appearing
ORDER 8
DEFAULT OF APPEARANCE
Default of appearance generally
Liquidated demand
Liquidated demand: several defendants
Several defendants
Default of appearance by person under legal disability.
Notice of the application shall be served on the person intended to be appointed the guardian of the defendant.
Judgment in default of appearance
Detention of goods, damages and liquidated demands
Judgment for costs upon payment satisfaction, etc
Provided that such application shall be filed and served in the manner in which service of the originating process was effected or in such manner as a judge shall direct.
Setting aside Judgment
Default of appearance in actions not otherwise specifically provided for.
ORDER 9
PARTIES
A – GENERAL
Person claiming jointly or severally
Action in the name of a wrong plaintiff
Misjoinder and Counter-claim
Class action
(a) Trademarks
(b) Copyright or
(c) Patents and Designs, a judge is satisfied that-
(i) A person, the class, or some members of the class interested cannot be ascertained or cannot rightly be ascertained,
(ii) The person, the class or some members of the class interested if ascertained, cannot be found,
(iii) The person, or class and the members thereof cannot be ascertained and be found, It is expedient for the purpose of efficient procedure that one or more persons be appointed to represent that person or class or members of the class, the judge may make the appointment.
(2) The decision of the Judge in the proceedings shall be binding on the person or class of persons so represented.
Opting in and opting out.
(3) In any class proceedings a person, class or some members of the class may apply to the Court or a Judge in Chambers to opt in or opt out of the class action.
(4) A court or Judge in Chambers may on good and justifiable cause permit any person, class or members of the class represented in a class action to opt in or opt out.
Any person may be joined as defendant
Action in the name of a wrong defendant
Defendant needs not be interested in all the reliefs sought.
(2) A Judge upon considering the defence filed by any defendant may on application by that defendant make such order as may appear just to prevent him from being embarrassed or put to expense by being required to attend any proceeding in which he may have no interest.
Joinder of persons severally or jointly and severally liable
Plaintiff in doubt as to person from whom he seeks redress
Persons under legal disability
Next friend
Numerous persons
(2) Where there are numerous persons having the same interest in one suit and they seek to defend the action, a judge may allow one or more of such persons to defend the action on behalf or for the benefit of all persons so interested.
Where there is no personal representative
(2) Where a sole or sole surviving plaintiff or defendant in a proceeding dies and the cause of action survives but the person entitled to proceed fails to proceed, a Judge may on the application of either the deceased person’s legal practitioner or the opposing party order any person to take the place of the deceased and proceed with the suit.
(3) In default of such application or where the person substituted fails to proceed, Judgment may be entered for the defendant or as the case may be for the person against whom the proceedings might have been constituted.
Proceedings not defeated by misjoinder or non-joinder.
(2) A judge may at any stage of the proceedings either upon or without the application of either party and on such terms as may appear to the judge to be just, order that the names of any parties improperly joined be struck out.
(3) A judge may order that the name of any party who ought to have been joined or whose presence before the Court s necessary to effectually and completely adjudicate upon and settle the questions involved in the proceedings be added.
(4) No person under legal disability shall be added as a plaintiff suing without a guardian and no person shall be added as the guardian of a plaintiff under legal disability without his own consent in writing.
(5) Every party whose name is added as defendant shall be served with the originating processes or notice in the manner prescribed in these Rules or in such manner as may be prescribed by a judge and the proceedings against such person shall be deemed to have begun on the service of such originating processes or notice.
Application to add or strike out.
(2) Where the application is to add a plaintiff or a defendant the application shall be accompanied by the statement of claim or defence as the case may be, all the exhibits intended to be used and the depositions of all the witnesses.
Provided that where the application is to substitute deceased party with another person the application may not be accompanied by the documents specified above.
Where defendant is added
Third party notice
(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.
Form and issuance of notice
(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;
Civil Forms 12 and 13.
(b) be in accordance with Form 12 or Form 13 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 counter-claim, 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.
Effect of notice
Appearance
Default by third party
Procedure after default
22, (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.
Third party directions
(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 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 on 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 direction 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.
Leave to defend
At trial or after
(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 lie just to be entered for or against the defendant giving notice or against or for the third party.
B – ACTIONS AGAINST FIRMS AND PERSONS
CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
Actions by and against firms
Disclosure of partners’ names
(2) Where the plaintiffs or their legal practitioners fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as a judge may direct.
(3) Where the names of the partners are so declared, the suit shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as plaintiffs in the originating process provided that the proceedings may continue in the name of the firm.
Appearance of partners
(2) Where an originating process is served upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner of the firm sued.
Application of rules to actions between co-partners
Persons trading as firms
C – ALTERNATION OF PARTIES
Where change of interest, Court may make order enabling suit to proceed
(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.
Application to discharge order by person under disability having a guardian
Application to discharge order by persons under disability having no guardian
D – LEGAL PRACTITIONERS OR AGENTS
Acts may be done by legal practitioners.
Party may change legal representative
(2) A copy of the former legal representative shall remain the legal practitioner of the notice accompanied by an affidavit stating that the notice has been duly filed in the Registry shall also be filed.
(3) The party giving notice may perform the duty prescribed by this order in person or by his new legal representative.
Where legal representative- ceases to act
(2) An order under sub-rule I 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 for the remaining duration 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 as between themselves.
Address of party.
ORDER 10
JOINDER OF CAUSES OF ACTION
All causes of action may be joined
Claims by joint plaintiffs
Counter-claim against plaintiff.
(2) Sub-rule 1 of this rule shall apply in relation to a counter claim as if the counter claim were a separate action and as if the person making the counter claim were a plaintiff and the person against whom it is made, the defendant.
(3) A counter claim may be proceeded with notwithstanding that Judgment is given for the plaintiff in the plaintiff’s action or that the action is stayed, discontinued or dismissed.
Count may order separate trials, etc
(2) If it appears on the application of any party against whom a counter claim 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.
ORDER 11
CONSOLIDATION
Consolidation
(a) same 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 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) Applications for consolidation may be made by summons or notice for directions in Chambers or they may be made in Court by motion on notice.
ORDER 12
THE UNDEFENDED LIST
Undefended list: affidavit
Copies of affidavit to be served
Notice of Intention to defend.
(2) Where leave 10 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.
(3) Where pleadings are ordered the provisions of order 13 rule 3 of these Rules shall apply.
Judgment in undefended suit
Oral evidence
ORDER 13 PLEADINGS
A – GENERAL
Service of statement of claim.
Service of statement of defence.
(a) A statement of defence which may include any preliminary objection he wishes to raise to the plaintiff’s action;
(b) List of witnesses to be called at the trial;
(c) Written statement on oath of the witnesses;
(d) copies of every document to be relied on at the trial; and
(e) list of non-documentary exhibits at the time he files his memorandum of appearance.
(2) If a summons under order 12 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.
Service of reply and defence to counter-claim.
Civil Form 14
(2) A plaintiff on whom a defendant serves a counter-claim as in Form 14 in Appendix 6 to these Rules, shall, if he intends to defend it, serve on that defendant within fourteen days a defence to counter-claim.
(3) Where a plaintiff intends to file both a reply and a defence to counter-claim, he shall include them in the same document.
(4) A reply to any defence shall be served by the plaintiff before the expiration of fourteen days after the service on him of that defence, and a defence to a counter-claim shall be served by the plaintiff before the expiration of fourteen days after the service on him of the counter claim to which it relates.
Pleading to state material facts and not evidence.
(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.
Particulars to be given where necessary.
Matters which must be specifically pleaded.
(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.
Further and better statement or particulars.
Letter for particulars.
(2) Before applying for particulars by summons or notice, a party may apply for them by Idler and the costs of the letter and of such particulars delivered pursuant to the delivery of the letter shall be allowable on taxation.
Particulars before defence.
(3) 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.
Order for particulars not a stay.
(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.
Specific denial.
Denial by joinder of issue.
(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;
(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 counter claim.
(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.
Pleadings to be consistent
Grounds of claim founded on separate facts to be separately stated.
(b) 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
(2) Every statement of claim shall stale 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 counter-claim made or relief claimed by the defendant in his defence.
Allegations shall not be made generally but specifically.
Denial of fact must answer 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.
Admission
Set-off or counter-claim to be pleaded.
Evidence in denial of allegation or in support of defence not set up in pleadings.
Further pleadings
Costs in certain cases
Striking out pleadings
Denial of contract
Effect of documents to be stated.
Malice, Knowledge, or other condition of mind
Notice
Implied contract or relation
(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.
Presumption of law
Technical objection.
Defence of tender.
Defence of set-off.
Judgment for balance.
(2) Sub-rule (1) of this rule shall apply mutatis mutandis where the balance is in favour of the plaintiff.
Close of pleadings.
(a) at the expiration of fourteen days after service of the reply or, if there is no reply but only a defence to counter claim, after service of the defence to counter-claim; or
(b) if neither a reply nor a defence to counter-claim is served, at the expiration of fourteen days after service of the defence.
(2) The pleadings in an action are deemed to be closed at the time provided by sub-rule (1) of this rule, notwithstanding that any request or order for particulars has been made but has not been complied with at that time.
B – STATEMENT OF CLAIM
Statement of claim.
(2) Where the plaintiff seeks relief in respect of several distinct claims or causes of compliant founded upon separate and distinct grounds, the claim or causes shall be stated separately and distinctly. The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off or counter-claim founded upon separate and distinct facts.
Claim beyond endorsement.
Provided that the plaintiff may not completely change his cause of action endorsed on the writ without amending the writ.
C – STATEMENT OF DEFENCE AND COUNTER CLAIM
Statement of defence
Evasive denial
(2) When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he shall not do so evasively, but answer the point of substance. If an allegation is made with diverse circumstances, it shall not be sufficient to deny it along with those circumstances.
Denials generally
(3) (i) In an action for debt or liquidated money demand, a mere denial of the debt shall not be sufficient defence.
(ii) In an action for money had and received a defence in denial must deny the receipt of the money or the existence of those facts which are alleged to make such receipt by the defendant a receipt to the use of the plaintiff.
(iii) In an action for goods sold and delivered, the defence must deny the order or contract, the delivery, or the amount claimed.
(iv) In an action upon a bill of exchange, promissory note or cheque, a defence in denial must deny some matter of fact e.g. the drawing, making, endorsing, accepting, presenting or notice of dishonour of the bill or note.
Persons in representative capacity.
(4) If either party wishes to deny the right of any other party to claim as executor, or a trustee or in any representative or other alleged capacity, or the alleged constitution of any partnership firm he shall deny the same specifically.
Pleading to damages.
(5) No denial or defence shall be necessary as to damages claimed or their amount; they are deemed to be in issue in all cases, unless expressly admitted.
Set-off and counter-claim.
(6) Where any defendant seeks to rely upon any ground as supporting a right of set-off or counterclaim, he shall in his defence state specifically that he does so by way of supporting a right of set off or counter-claim.
Title of counter-claim. Civil Form 14.
(7) Where a defendant by his defence sets up any counter claim which, raises questions between himself and the plaintiff along with any other persons, he shall add to the title of his defence a further title similar to the title in a statement of claim setting forth the names of all persons who, if such counter-claim were to be enforced by cross- action, would be defendants to such cross action and shall deliver his defence to such of them as are parties to the action within the period which he is required to deliver it to the plaintiff.
Claim against persons not parties.
(8) Where any such person as in sub-rule 7 of this order is not a party to the action he shall be summoned to appear by being served with a copy of the defence and counter claim, and such service shall be regulated by the same rules as those governing the service of the originating process, and every defence and counter-claim so served shall be endorsed in Form 14 with such modifications or variations as circumstances may require.
Appearance by added parties.
(9) Any person not already a party to the action, who is served with a defence and counter-claim as aforesaid, must appear thereto as if he had been served with an originating process to appear in an action.
Reply to counter-claim.
(10) Any person not already a party to the action, who is named in a defence as a party to a counter-claim thereby made shall deliver a defence in a mode and manner prescribed under this order and the provisions of the order shall apply to such a person.
Judgment for balance.
(11) Where in an action, a set off or counter-claim is established as a defence against the plaintiff’s claim, the Judge may, if the balance is in favour of the defendant, give Judgment for the defendant for such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case.
Grounds of defence after action brought.
(12) (i) Any ground of defence which arises after the action has been filed, but before the defendant has delivered his defence, and before the time limited for doing so has expired, may be raised by the defendant in his defence, either alone or together with other grounds of defence,
(ii) If after a defence has been delivered along with a set-off or counter-claim, any basis for answer or ground of defence arises to any such set off or counter-claim respectively, it may be raised by the plaintiff in his reply (in the case of a set-off) or defence to counter-claim, either along or together with any oilier ground of reply or defence to counter-claim.
Further defence or reply
(13) Where any ground of defence arises alter the defendant has delivered a defence, or after the time limited for his doing so has expired the defendant may, and where any ground of defence to any set-oil or counter-claim arises after reply, or after the time limited for delivery of a reply has expired, the plaintiff may, within 8 days after such ground of defence has arisen or at any subsequent time by leave of a judge deliver a further defence or further reply, as the case may be setting forth the same.
Concession to defence. Civil Form 15
(14) Whenever any defendant in his defence or in any further defence pursuant to sub-rule 12 or 13 of this order alleges any ground of defence which has arisen aster the commencement of the action, the plaintiff may concede to such defence (which concession may be in Form 15 with such modification as circumstances may require) and ma y thereupon obtain Judgment up to the time of the pleading of such defence, unless the Judge either before or after the delivery of such concession otherwise orders.
Defence in originating summons.
(15) A defendant to an originating summons shall file a counter-affidavit together with all the exhibits he intends ID rely upon and a written address within 14 days after service of the originating summons.
D – REPLY
Filing of reply.
Reply to counter-claim.
(2) Where a counter-claim is pleaded, a reply thereto is called a defence to counter-claim and shall be subject to the rules applicable to defence in these Rules.
ORDER 14
DEFAULT OF PLEADINGS
Claim for debt or liquidated demand
Several defendants: default of one.
Damages and detention of goods.
Default of one or more defendants.
Debt or damages and detention of goods or damages.
When a defence is filed to part of claim only.
Provided that the unanswered part consists of a separate cause of action or is severable from the rest, as in the case of part of a debt or liquidated demand.
And provided also that where there is a counter claim, execution of any such Judgment as above mentioned in respect of the plaintiff’s claim shall not issue without leave of the judge.
Defendant in default.
One of several defendants in default.
Default of third party.
Setting aside Judgment by default.
Interpretation.
ORDER 15
ADMISSIONS
Notice of admission of facts.
Notice to admit document.
Notice to admit facts.
(2) Any admission made pursuant to such notice shall be deemed to be made only for the purpose of those particular proceedings and not as an admission to be used against the party or any other party than the party giving the notice.
(3) Where there is a refusal or neglect to admit the same within fourteen days after service of such notice or within such further time as may be allowed by the Judge, the cost of providing such fact or facts which shall not be less than a sum of five thousand naira, shall be paid by the party so refusing or neglecting whatever the result of the proceedings; unless the Judge certifies that the refusal to admit was reasonable or unless the Judge at any time otherwise orders or directs.
Judgment or order upon admission of facts.
Where a notice to admit or produce comprises documents that are not necessary, the costs occasioned thereby, which shall not be less than five thousand naira, shall be borne by the party giving such notice.
ORDER 16
PROCEEDINGS IN LIEU OF DEMURRER
Demurrer abolished.
Points of law may be raised by pleadings.
(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.
Dismissal of action.
Striking out pleadings where no reasonable cause of action is disclosed.
Declaratory Judgment.
ORDER 17
AMENDMENT
Amendment of originating process and pleadings.
Application.
Amendment of originating process: additional witnesses.
Failure to amend after order.
(2) Where the party pays an additional fee for the default, it shall file an application for regularization exhibiting evidence of payment of the penalty up to the date of filing the amendment.
Filing and service of amended process.
Date of order and amendment to be displayed.
“Amended the ……… Day of ………… Pursuant to order of (name of judge) dated the
………….. Day of ………”
ORDER 18
SETTLEMENT OUT OF COURT AND SETTLEMENT OF ISSUES
Period for settlement.
(2) Where parties fail to settle within thirty days or such other period as the Court may grant, the case shall without more, proceed to trial.
Formulation of issues for determination.
(2) Where the parties have filed their respective issues for determination and the parties have not agreed on the issues for determination, or the judge is of the opinion that the issues formulated by the parties do not adequately address the controversy between the parties, the Judge may, in spite of the issues formulated by the parties, formulate appropriate issues for determination and such shall be the issues for determination at the trial of a matter.
Party may apply for issue to be tried.
Formulation of issues by court.
ORDER 19
PROCEEDINGS AT TRIAL
Non-appearance of parties.
Default of appearance by defendant at trial.
Default of appearance by plaintiff. Civil Form 16.
Judgment by default may be set-aside on terms.
(2) Any Judgment obtained where any party does not appear at the trial may be set aside by the Judge upon such terms as he may deem fit.
(3) An application to re-list a case struck out or to set aside a Judgment shall be made within six days after the order or Judgment or such other longer period as the judge may allow.
Adjournment of trial.
Time of commencement and termination of trial.
Order of proceedings.
Burden of proof by party to begin.
Documentary evidence.
Additional witness.
(2) An application for leave in sub-rule 1 above shall be accompanied by the deposition on oath of such witness.
Close of case of parties.
(2) Notwithstanding the provision of sub-rule 1 of this rule, the judge may on his own motion, where he considers that either party fails to conclude his case within a reasonable time, close the case for the party.
Exhibits during trial.
(2) The Registrar shall cause a list of all the exhibits in the action to be made.
(3) The list of exhibits when completed 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 proved, includes a witness in the course of whose evidence the exhibit is put.
Custody of exhibit after trial.
(2) Unless otherwise ordered by the Court, an exhibit shall not be released to the party who has put it in unless the period during which notice of appeal may be given has elapsed without such notice having been given, and then only if the trial Judge (or in his absence, another judge) grants trans leave to release such exhibit on being satisfied:
(a) That the exhibit will be kept duly marked and labeled and will be produced, if required, at the hearing of an appeal (if any such appeal is lodged); or
(b) That the release of the exhibit will not in any way prejudice any other party.
(3) After a notice of appeal has been filed, an exhibit produced at the trial shall not be released by the Court unless leave to release such exhibit is granted by the Court of Appeal.
Office copy of list of exhibits.
(2) Where there is an appeal, an office copy of the list of exhibits shall be included amongst the documents supplied to the Court of Appeal for the purpose of the appeal.
Indolent prosecution.
ORDER 20
EVIDENCE GENERALLY
Facts; how proved.
(2) All agreed documents or other exhibits shall be tendered from the bar or by the party where he is not represented by a legal practitioner.
(3) The oral examination of a witness during his evidence-in chief shall be limited to confirming and adopting his written deposition and tendering in evidence all disputed documents or other exhibits referred to in the deposition.
(4) Real evidence shall be tendered during the trial..
Particular of Facts.
(2) (1) A judge may, at or before the trial of an action, order or direct that evidence of any particular fact be given at the trial in such 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 be given at the trial:
(a) By statement on oath of information or belief;
(b) By the production of documents or entries in books;
(c) By copies of documents or entries in books; or
(d) in the case of a fact which is or was a matter of common knowledge either generally or in a particular locality, by the production of a specified newspaper which contains a statement of that fact.
Limitation on use of documentary evidence.
Revocation and variation.
Certified true copies admissible in evidence.
Examination of witnesses abroad.
Civil Form 17.
(a) the party obtaining such order shall file in the registry an undertaking in Form 17 which form may be varied as may be necessary to meet the circumstances of the particular case in which it is used;
(b) Such undertaking shall be accompanied by-
Civil Form 18.
(i) A request in Form 18 with such modifications or variations as may be directed in the order for its issuance, together with a translation in the language of the country in which it is to be executed (if not English):
(ii) A copy of the interrogatories (if any) to accompany the requests, with a translation, if necessary:
(ii) A copy of the cross-interrogatories (if any) with a translation, if necessary.
Form of order for examination of witnesses abroad. Civil Form 19.
Order for attendance of person to produce document.
Provided that 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 hearing or trial.
Disobedience to order for attendance.
Expenses of persons ordered to attend.
Contempt of Court by witness.
Court and be dealt with by the Judge.
Examination of witness.
Depositions not to be given in evidence without consent or by leave of a Judge.
Oaths.
Attendance of witness under subpoena for examination or to produce document.
Practice as to taking of evidence at any stage of cause or matter.
Special directions as to taking of evidence.
Evidence in proceedings subsequent to trial.
Form of praecipe of a subpoena: Civil Form 20.
Form of subpoena: Civil Forms 21, 22 and 23.
Subpoena for attendance of witness in Chambers.
Correction of error in subpoena
Personal service of subpoena.
Duration of subpoena.
Action to perpetuate testimony
Examination of witness to perpetuate testimony.
Such action not to be set down for trial.
Notice to produce to other party.
Notice to produce in pleadings or in separate notice.
Sufficient particulars.
Fees.
Failure to produce document.
Court may order inspection, etc.
Costs.
97 of the Evidence Act relating to the proof of an entry in a banker’s book, shall be in the discretion of the Court, which may order the same or any part thereof to be paid to any party by the bank, where the same have been occasioned by any default or delay on the part of the bank. Any such order against a bank may be enforced as if the bank were a party to the cause or matter.
Expressions relating to banker’s book.
ORDER 21
NON-SUIT
Power of Court to non-suit.
ORDER 22
FILING OF WRITTEN ADDRESS
Power to order for written addresses
Court to order written addresses.
Written address by the other party.
Written address by party beginning.
Right of reply.
Content of written address.
(i) The claim or application on which the address is based;
(ii) a brief statement of the facts with reference to the exhibit attached to the application or tendered at the trial; the issues arising from the evidence for determination, and
(iii) A succinct statement or argument on each issue incorporating the purport of the authorities referred to together with full citation of each such authority.
Summary of Address.
Oral Argument.
Address to be deemed adopted where party absent.
The Court shall be satisfied that, that party had notice of the date for adoption if on the previous date last given the party or his counsel was present in court.
Copies of written address.
ORDER 23
JUDGMENT, ENTRY OF JUDGMENT
Delivery of Judgment.
Judge unable to deliver Judgment.
Date of Judgment in Court.
Date of Judgment directed to be entered.
Provided that the order may direct that the Judgment shall not be entered until a given date, in which case it shall take effect from that date.
Judge may direct time for payment or performance and interest.
Payment by installment.
(2) The order may be made at the lime of giving Judgment or at anytime afterwards and may be rescinded upon sufficient cause at any time.
Time to be stated for doing any act
Judgment by consent where defendant appears by a legal practitioner.
Judgment by consent where defendant has no legal practitioner.
Notice when Judgment reserved.
When parties deemed to have had notice.
ORDER 24
DRAWING UP OF ORDERS
Signing of orders.
Date of order when drawn.
What orders need not be drawn up.
(a) For the issuance of any writ other than a writ of attachment;
(b) For the amendment of any writ or pleading;
(c) For the filing of any document; or
(d) For any act to be done by any officer of the Court other than a legal practitioner, it shall not be necessary to draw up such order unless the judge otherwise directs.
Form of order.
ORDER 25
COSTS
Security for costs by plaintiff or defendant.
(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 of the defendant has changed his address during the course of the proceedings with a view to evading the consequence of the litigation.
Then if, having regard to all the circumstance 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 sub-rule (l) (c) of thisrule 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 reference 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 counter-claim.
Principle to be observed in fixing costs
(2) When costs are ordered to be paid, the amount of such costs shall, if practicable, be summarily determined by the judge at the time of delivering the Judgment or making the order.
(3) When the judge deems it to be impracticable to determine summarily the amount of any costs which the judge has adjudged or ordered to be paid, all questions relating thereto shall be referred by the judge to a taxing officer for taxation.
Security for costs.
Security for costs by plaintiff temporarily within jurisdiction.
Action founded on Judgment or bill of exchange.
Bond as security for costs.
Costs out of fund or property.
Stay of proceedings until costs paid.
Stage of proceeding at which costs to be dealt with.
(2) Costs when ordered becomes payable forthwith and shall be paid within seven days of the order, otherwise the defaulting party or his legal practitioner may be denied further audience in the proceedings.
When costs to follow the event.
Matters to be taken into account in exercising discretion.
Costs arising from misconduct or neglect.
(2) Without prejudice to the generality of sub-rule 1 of this rule, the judge shall for the purpose of that sub-rule have regard in particular to the following matters that is to say:
(a) The omission to do anything the doing of which would have been calculated to save costs;
(b) The doing of anything calculated to occasion or in a manner or at a time calculated to occasion unnecessary cost;
(c) Any unnecessary delay in the proceedings.
(3) The judge may instead of giving direction under sub-rule 1 of this rule in relation to anything done or any omission made direct the taxing officer to inquire into it and if it appears to him that such direction as aforesaid should have been given in relation to it to act as if the appropriate direction had been given.
Personal liability of legal practitioner for costs.
(a) Disallowing the costs as between the legal practitioner and the legal practitioner’s client; and
(b) Directing the legal practitioner to pay to the client’s costs which the client has been ordered to pay to other parties to the proceedings; or
(c) Directing the legal practitioner personally to indemnify such other parties against costs payable by them.
(2) The provisions of rule 13 sub-rule 1 of this order shall apply where proceedings in Court cannot conveniently proceed or fail or are adjourned without useful progress being made;
(a) Because of the failure of the legal practitioner to attend in person or by a proper representative; or
(b) Because of the failure of the legal practitioner to deliver any document for the use of the Court which ought to have been delivered or to be prepared with any proper evidence or account or otherwise to proceed.
(3) No order under this rule shall be made, against a legal practitioner unless the legal practitioner has been given a reasonable opportunity to appear before the judge to show cause why the order should not be made.
(4) If, on the taxation of costs to be paid out of a fund, one-sixth or more of the amount of the bill for those costs is taxed off, the legal practitioner whose bill it is shall not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.
(5) The judge may direct that notice of any proceeding or order against a legal practitioner under this rule shall be given to the legal practitioner’s client in such manner as may be specified in the direction.
ORDER 26
INTERLOCUTORY APPLICATIONS
A – MOTIONS GENERALLY
Time to apply.
Application by motion
Motion list
(2) The Registrar shall make up, for each day on which there are 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.
Affidavit and written address.
Affidavit to be served with motion and written address.
Counter affidavit to motion.
Hearing of motions.
Motion to be on notice except in emergency.
(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 upon such undertakings, as the justice of the case demands.
(3) No application for an injunction shall be made ex parte unless the applicant files with it a motion on notice in respect of the application.
B – EX PARTE MOTIONS
Affidavit in support of ex parte motion.
Where anton piller order is applied for.
(2) In an application for anton piller order, the applicant shall in addition show:
(a) that he has a strong prima facie case,
(b) that he may suffer serious damages,
(c) that the defendant has incriminating documents and that there is a real possibility that the defendant may destroy such material before the discovery process.
Arguments on motion.
Orders on ex parte motion.
Court may vary or discharge order.
Duration of ex parte order.
(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 lapse.
C – ORDER TO SHOW CAUSE
Return day to be specified.
the order, which shall ordinarily be not less than three days after service.
Counter Evidence
Further service in certain cases.
Appearance or proof of service.
General Powers as to orders.
D – NOTICE OF MOTION
Notice of motion.
Service of notice.
Service on solicitor
Copy of affidavit to be served with notice
Order of service
Court may deem it.
E – EVIDENCE IN INTERLOCUTORY PROCEEDINGS.
Oral evidence.
Evidence in addition to or in lieu of affidavits.
Notice to parties and interested parties.
Evidence how taken.
Affidavit not filed with motion paper.
served on the opposing party.
ORDER 27
AFFIDAVITS
Evidence on motions, etc.
Title of affidavit.
Use of defective affidavit.
Special time for filing affidavits.
Affidavits in support of ex parte application.
Notice of intention to use affidavit.
Alterations in accounts to be initialed.
Exhibits.
Certificate of exhibit.
Affidavit taken in commonwealth country admissible without proof of seal, etc.
ORDER 28
INTERLOCUTORY INJUNCTIONS AND INTERIM PRESERVATION OF PROPERTY
Application for injunction.
(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 issuance 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.
Detention, preservation etc. of subject matter of action.
(2) For the purpose of enabling any order under sub-rule (1) of this rule to be carried out, the Court may by order authorize any person to enter upon any land or building in the possession of a 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.
Power to order samples to be taken.
(2) For the purpose of enabling any order under sub-rule (1) to be carried out, the Court may by the order authorize 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.
Sales of perishable property etc.
(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.
Order for early trial
Recovery of personal property subject to lien, etc.
Directions.
Allowance of income of property pendente elite
ORDER 29
DISPUTING THE COURT’S JURISDICTION
Disputing the Court’s jurisdiction.
(b) argue that the Court should not exercise its jurisdiction, he may apply to the Court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have, and the Court may take such application together with the Plaintiff’s substantive suit in so far as the substantive suit does not involve the taking of oral evidence.
Defendant disputing must file memorandum of appearance.
Defendant not to lose right to dispute jurisdiction
Time and mode of application.
(a) be made within twenty one days after service on the defendant of the originating process, and
(b) be supported by affidavit where it is not based on ground of law alone.
Failure to apply within time.
ORDER 30
INTERIM ATTACHMENT OF PROPERTY
Interim attachment of property: where ordered.
(b) in any suit founded on contract or for detinue in which the cause of action arose within the jurisdiction-
(i) the defendant is absent from the jurisdiction, or there is a probable cause to believe that he is concealing himself to evade service; and
(ii) the defendant is beneficially entitled to any property of the jurisdiction in the custody or under the control of any other person in the jurisdiction, or such person is indebted to the defendant,
(c) 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 fulfill 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.
Application for attachment.
Form of order.
(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.
Where defendant fails to show cause or give security.
(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.
Rights of third parties not to be affected.
execution of a decree.
Removal of attachment.
In which court proceeding may be taken.
(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 therein to the Court in which the suit is 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 to and proceed with the application in accordance with the foregoing provisions, in such manner as shall seem just.
ORDER 31
NEEDLESS DETENTION OF CHATTELS AND REPARATION FOR IT
Damages for needless detention, etc.
(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 struck out or 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.
ORDER 32
STAY OF PROCEEDINGS OR EXECUTION PENDING APPEAL
Stay of proceedings or execution pending appeal.
Court may grant or refuse order for stay.
Compilation of records.
Application for stay to be treated as urgent.
(2) Where the Court has refused an application for stay, no application for stay of proceedings or execution shall be made to it on the same matter.
Formal order to be drawn up.
ORDER 33
INTERPLEADER
Entitlement to relief by way of interpleader
(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.
Claim to goods etc. taken in execution.
(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
Mode of application
(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 respect of the 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. Matters to be proved.
(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. When application to be made by defendant.
Stay of action.
Order upon summons.
Failure of claimant to appear; or neglect to obey summons.
Costs, etc.
ORDER 34
APPLICATION FOR JUDICIAL REVIEW
Cases appropriate for application for judicial review.
(a) an order of mandamus, 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 in rule (1) (b) of this rule) may be made by way of an application for judicial review, and the Court may grant the declaration or injunction if it deems it just and convenient to grant it by way of judicial review, 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.
Joinder of claims for relief
Grant of leave to apply for judicial review.
(2) An application for leave shall be made ex parte to the judge and shall be supported by:
(a) a statement setting out the name and description of the applicant, the reliefs sought and the grounds on which they are sought;
(b) an affidavit verifying the facts relied on; and
(c) a written address in support of application for leave.
(4) The judge shall not grant leave unless he considers that the applicant has a sufficient interest in the matter to which the application relates.
(5) Where leave is sought to apply for an order of certiorari to remove or the purpose of its being quashed, any Judgment, order, conviction or any other proceeding which is subject to appeal and a time is limited for the bringing of the appeal, the judge may adjourn the application for leave until the appeal is determined or the time for appealing has expired.
(6) Where leave to apply for judicial review is granted, then:
(a) if the relief sought is an order of prohibition or certiorari and the Judge 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 Judge otherwise orders;
(b) if any other relief is sought, the Judge may at any time grant in the proceedings such interim relief as could be granted in an action begun by writ;
(c) the judge may impose such terms as to costs and as to giving security as he deems fit.
Time within which to bring application.
Mode of applying for judicial review
(2) The notice of motion or summons shall be served on all persons directly affected, and where it relates to any proceeding before a judge and the object of the application is either to compel the Judge 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 or 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.
(3) Unless the judge granting leave has otherwise directed, there shall be at least seven days between the service of the notice of motion or summons and the day named therein for the hearing.
(4) A motion shall be entered for hearing within fourteen days after the grant of leave.
(5) An affidavit giving the names and addresses of, and the places and days of service on the 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 judge on the hearing of the motion or summons.
(6) If on the hearing of the motion or summons the judge is of the opinion that any person who ought, whether under this rule or otherwise, to have been served has not been served, the judge may adjourn the hearing on such terms if any, as he may direct in order that the notice of summons may be served on that person.
Statement and affidavits.
(2) The judge 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 he deems 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 a copy 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
Claim for damages.
(a) he has included in the statement in support of his application for leave under rule 3 a claim for damages arising from any matter to which the application relates; and
(b) the judge 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. Interlocutory application.
Hearing of application for judicial review.
(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 account for his failure to do so to the satisfaction of the judge hearing the motion of summons.
(3) Where an order of certiorari is made in any such case as is referred to in sub-rule (2), the order shall, subject to sub rule 4, direct that the proceedings shall be quashed forthwith on their removal into court.
(4) Where the relief sought is an order of certiorari and the judge is satisfied that there are grounds for quashing the decision to which the application relates, the judge 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 judge.
(5) Where the relief sought is a declaration, an injunction or damages and the judge 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 judge may, instead of refusing the application, order the proceedings to continue as if they had been begun by writ.
Person acting in obedience to an order of mandamus.
Consolidation of applications.
ORDER 35
COMMITTAL FOR CONTEMPT OF COURT
Committal for contempt of Court.
(2) An order of committal may be made by the Court where contempt of court-
(a) Is committed in connection with-
(i) Any proceeding 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 proceeding.
Application to Court.
(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.
Saving for power to commit without application for the purpose
Provisions as to hearing.
(a) the application arises out of proceedings relating to a person, suffering or appearing to be suffering from mental disorder; or
(b) the application arises out of proceedings in which a secret process, discovery or invention was in issue;
(c) 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 ground 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 his own behalf he shall be entitled to do so.
Contempt in face of Court: saving for.
Power to suspend execution of committal order.
(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.
Discharge of person committed.
(2) Where a person has been committed for failing to comply with a Judgment or order requiring him to deliver anything to some other person or 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.
Saving for other powers.
Return.
(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 36
WRIT OF EXECUTION
GENERAL
Definition.
When leave to issue any writ of execution is necessary
(a) six years or more have elapsed since the date of the Judgment order, or
(b) any change has taken place, whether by death or otherwise. in the parties entitled or liable to execution under the Judgment order, or
(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, or
(d) under the Judgment or order any person is entitled to relief subject to the fulfillment of any condition which it is alleged has been fulfilled, or
(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 issuance 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 issuance 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.
Leave required for issuance of writ in aid of other writ
Application for leave to issue writ
(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 there under and the amount due there under 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 r. 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 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.
Application for leave to issue writ of sequestration.
(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.
Issuance of writ of execution.
(2) A praecipe for the issuance 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 the 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, or
(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, and
(b) the officer authorized 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 there under 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.
Duration of and renewal of writ of execution.
(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.
Return of writ of execution.
(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 37
GARNISHEE PROCEEDINGS
Attachment of debt due to Judgment debtor.
(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 therefore 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 N5, 000 the amount standing in the name of the Judgment debtor in an account with a building society or a credit union.
Application for order
(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 remaining unpaid under it as (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’s 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.
Service and effect of order to show cause
(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.
Non-appearance or dispute of liability by 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.
Dispute of liability by garnishee
Claims of third persons
Discharge of garnishee
ORDER 38
PROCEEDINGS IN FORMA PAUPERIS
Duration of provisions
Conditions to be fulfilled
(2) If the application is in the opinion of the Judge, worthy of consideration it shall be referred to a legal practitioner willing to act, and unless the legal practitioner certifies that in his opinion the applicant has good cause of action or good ground of defence, as the case may be, the application shall be refused.
Fees and costs
Assignment of legal practitioner
Procedure to followed
(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 there under, 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.
Revocation of order discontinuance, etc
(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
Payment to legal practitioner
Duty of legal practitioner
Leave to appeal
ORDER 39
ASSESSOR
Assessor sitting in Court
Assessor not to write judgment
Assessor to give advice only on his subject
Judge not bound to accept Assessor’s advice
Assessor shall take oath of secrecy
ORDER 40
RECEIVER
Application for appointment of Receiver and injunction
(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 (3) 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.
Giving of security by Receiver
(2) Where, by virtue of sub-rule (1) of this rule, or any judgment or order appointing a person named therein to be a Receiver, a person is required to give security in accordance with this rule, he shall give security as in Form 25 to these Rules, as may be approved by the Court duly to account for what he receives as a Receivers 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.
Remuneration of Receiver
Receiver’s account Civil Form 26
(2) Unless the Court otherwise directs, each account submitted by a Receiver shall be accompanied by an affidavit as in Form 26 verifying it.
(3) The Receiver’s account and affidavit (if any) shall be left at the Registrar’s office, and the claimant or party having the conduct of the proceedings 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.
Payment of balance, etc by Receiver
Default by Receiver
(2) Without prejudice to sub-rule (I) of t h i s rule, where a Receiver fails to attend for the passim.’ of any account or fails to pay into Court on the dale 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 41
REFERENCE TO REFEREE
Instructions to Referee
(2) The instructions shall specify whether the Referee is merely to transit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his investigation.
Interim inquiries or accounts
General powers of the Referee
(2) The Referee shall, as far as practicable, proceed with the inquiry from day to day.
Evidence
Referee’s authority in the inquiry
Limitation in certain particulars
Reports made in pursuance of reference
Referee may report questions of facts specially
(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 the 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 such directions.
ORDER 42
PAYMENT INTO AND OUT OF COURT
Payment into and out of Court
(2) Where a teller for payment is filed with the Chief Registrar, he shall forthwith give notice of the payment to the plaintiff who may apply to a Judge, for an order to withdraw the amount so paid.
(3) Where a defence of tender before action is set up, the sum of money alleged to have been tendered shall in brought into Court.
(4) The defendant may, without leave, give a written notice to the Chief Registrar of an intention to increase the amount of any sum paid into Court.
(5) Where the money is paid into Court in satisfaction of one or more of several causes of action, the notice shall specify the cause or causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless a Judge otherwise directs
Civil Form 27
(6) The notice shall be in Form 27 with such modifications or variations as circumstances may require, the receipt of the notice shall be acknowledged in writing by the plaintiff within three days. The notice may be modified or withdrawn or delivered in an amended form by leave of a Judge upon such terms as may be just.
(7) Where money is paid into Court with denial of liability, the plaintiff may proceed with the action in respect of the claim, and if he succeeds, the amount paid shall be applied so far as is necessary in satisfaction of the claim, and the balance, if any, shall on the order of a Judge be repaid to the defendant. Where the defendant succeeds in respect of such claim the whole amount paid into Court shall be repaid to him on the Order of a Judge.
Plaintiff may take out money (Civil Form 28)
(2) Payment shall be made to the plaintiff or on his written authority to his legal practitioner and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall abate.
(3) If the plaintiff accepts money paid into Court in satisfaction of his claims or if he accepts a sum or sums paid in respect of one or more specified causes of action, and gives notice that he abandons the other causes of action, he may after our days from payment out and unless a Judge otherwise orders, tax his costs incurred to the time of payment into Court, and 48 hours after taxation may sign judgment for his taxed costs.
(4) Where in an action for libel or slander, the plaintiff accepts money paid into Court, either party may apply, by summons to a Judge, for leave for the parties or either of them to make a statement in open Court in terms approved by the Judge.
Money remaining in Court.
Several defendants.
Civil Form 29
(2) If the plaintiff elects within fourteen days after receipt of notice of payment into Court to accept the sum or sums paid into Court, he shall give notice as in Form 29 with such modifications or variations as circumstances may require to each defendant and hereupon all further proceedings in the action or in respect of the specified causes of action (as the case may be) shall abate.
(3) The money shall not be paid out except in pursuance of an order of a judge dealing with the whole cause or causes of action.
(4) In an action for libel or slander against several defendants sued jointly, if any defendant pays money into Court, the plaintiff may within fourteen days elect to accept the sum paid into Court in satisfaction of his claim against the defendant making the payment and shall give notice to all the defendants in Form 29 with such modifications or variations as circumstances may require. The plaintiff may tax his costs against the defendant who has made such payment in accordance with rule 2(3) of this order and the action shall abate against that defendant.
(5) The plaintiff may continue with the action against any other defendant but the sum paid into Court shall be set off against any damages awarded to the plaintiff against the defendant or defendants against whom the action is continued.
Counter-claim
Persons under legal disability.
(2) No money (which expression for the purposes, of this rule includes damages in any way recovered, or adjudged or ordered or awarded or agreed to be paid) in any such proceedings in respect of the claims of any such person under legal disability whether by Judgment settlement, compromise, payment into Court or otherwise, before, at or after the trial, shall be paid to the plaintiff or to the guardian of the plaintiff or to the plaintiff’s legal practitioner unless a judge shall so direct.
(3) All money so recovered or adjudged or ordered or awarded or agree to be paid shall be dealt with as the judge shall direct. The directions thus given may include any general or special directions that the judge may deem fit to give including directions on how the money is to be applied or dealt with and as to any payment to be made either directly or out of money paid into Court to the plaintiff or to the guardian in respect of money paid or expenses incurred or for maintenance or otherwise for or on behalf of or for the benefit of the person under legal disability or otherwise or to the plaintiff’s legal practitioner in respect of costs or of the difference between party and party and legal practitioner and client costs.
Payment into and withdrawal of money from Court.
ORDER 43
DISCOVERY AND INSPECTION
Discovery by interrogatories.
Form of Interrogatories Civil Form 30
Interrogatories to corporation or company.
Objection to interrogatories by answer.
Affidavit in answer; filing of.
Form of affidavit in answer; Civil Form 31.
Order to answer, or answer further.
Application for discovery of documents
(2) Every affidavit in answer to a request for discovery of documents shall be accompanied by copies of documents referred to therein.
Civil Form 32
(3) The affidavit to be made by any person in answer to a request for discovery of documents shall specify which, if any, of the listed documents he objects to producing, stating the grounds of his objection, and it shall be in Form 32 with such modifications or variations as circumstances may require.
(4) 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.
(5) Discovery shall not be ordered when and so far as the Court or Judge in chambers is of the opinion that it is not necessary either for disposing fairly or the action or for saving costs.
Process filed after close of pleadings.
(2) Where a process filed is not accompanied by a document referred to therein, a judge may on application strike out the process.
Verification of business books.
(2) Notwithstanding that a copy has been supplied a Judge may order inspection of the book from which the copy was made.
(3) The Judge may upon application whether or not an affidavit has been ordered or filed, make an order requiring any party to state by affidavit whether any particular document or any class of documents is or has at any time been in his possession, custody, power or control, when he parted with the same and what has become of it.
Committal of party after service on legal practitioner.
Committal of legal practitioner.
Using answers to interrogatories at trial.
Discovery of documents in marine insurance policies.
(a) On hearing of the application, the Court or judge in Chambers may, subject as provided in sub-rule (2) of this rule, make any order in accordance with sub-rule 8 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 orders as in Form 33 to these Rules.
(c) In making an order under this rule the Court or judge in Chambers may impose such terms and conditions as staying proceedings or otherwise as the Court or judge in chambers in its or his discretion thinks just.
(2) Rule 8 of this order shall not apply to any application made under this rule.
Affidavit of documents.
Power to order list of documents in lieu of affidavit.
(2) The list shall, as nearly as may be, follow the form of the affidavit as in Civil 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.
Production of documents.
Inspection of documents referred to in pleadings or affidavits
(2) Any party not complying with the notice shall not afterwards be at liberty to put such documents 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.
Notice to produce Civil Form 34.
Time for inspection when notice given under rule 19.
Form of notice. Civil Form 34.
(2) The notice shall be in Form 34 in Appendix to these Rules with such variations as circumstances may require.
Order for inspection.
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.
(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
Verified copies
(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 a 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 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.
Premature discovery.
Non compliance with order for discovery.
(2) The party shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and if a defendant, to haw his defence, if any, struck out and to be placed in the same position as if he had not defended, and the party interrogatim1 may apply to the Court or a judge in chambers for an order to that effect and an order may be made accordingly.
Service on legal practitioner of order for discovery.
(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.
Liability of legal practitioner.
Using answer to interrogatories at trial.
(2) In such case the Judge may look at the whole of the answers, and if he is of opinion that any of them is 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.
Discovery against sheriff.
Order to apply to infants.
Power to revoke order made.
ORDER 44
ACCOUNTS AND INQUIRIES
Summary order for account.
(2) An application under this rule shall be made by summons and supported by affidavit or other evidence filed on a plaintiff’s behalf, stating concisely the grounds of his claim to an account.
(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.
Court may direct taking of accounts, etc.
(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 designed by a number.
Directions as to manner of taking account.
(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.
Account to be made, verified, etc.
(2) The items on each side of the account shall be numbered consecutively.
(3) 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.
Erroneous account.
Delay in prosecution of account, etc.
(2) The Court may direct any party or legal practitioner to take over the conduct of proceedings in question and to carry out any direction made by an order under this rule and make such order as it thinks fit as to the payment of legal practitioner’s costs.
Distribution of fund before all persons entitled; to be ascertained.
ORDER 45
ARREST OF ABSCONDING DEFENDANT
Defendant leaving jurisdiction or removing property.
Warrant to arrest.
(2) The defendant shall be brought to Court within two days of the execution of the warrant.
Bail for appearance or satisfaction.
Deposit in lieu of bail.
(2) Where a defendant offers security other than money in lieu of bail for his appearance, sufficient to answer the claim against him, the judge may accept such security and make such order as he may deem fit in the circumstance.
Committal in default of security.
(2) Committal to custody under this rule shall not exceed a period of six months at a time.
(3) The judge 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.
Costs of subsistence of person arrested.
ORDER 46
COURT SITTING AND VACATION
Days of sittings.
Public or private sittings of Court.
Office hours.
Days of sitting: long vacation.
(a) On any public holiday;
(b) During the week beginning with Easter Monday;
(c) During the period beginning on 23rd December and ending on the 5″‘ January next following;
(d) During the long vacation, i.e. the period beginning in any day in August and ending on a date not less bthan six weeks later ending on a Friday as the Chief Judge may by notification in the Gazette appoint.
Vacation Courts.
(2) An application for an urgent hearing shall, be made by summons in Chambers, and the decision of the Judge on the application shall be final.
Vacation not reckoned in computing time for pleadings etc.
Chambers.
ORDER 47
CAUSE LISTS
Weekly cause list.
Posting of weekly cause lists.
3.
Where any Thursday is a public holiday.
Notice Boards
Weekly cause list.
ORDER 48
COMPUTATION OF TIME
Computation of time.
(a) As excluding the day on which the order is made or on which the event occurs;
(b) Where the last day of the period is a holiday the time shall continue until the end of the next day following which is not a public holiday;
(c) Where the act is required to be done within a period which does not exceed six days, holidays shall be left out in computing the period.
Holiday
Time of service
(2) Service before 6.00a.m shall for the purposes of these Rules be deemed defective service.
Court may extend time.
Provided that any party who defaults in performing an act within the time authorized by the Judge or under these Rules shall pay to the Court an additional fee of N200.00 (Two hundred Naira) for each day of such default at the time of compliance.
No enlargement of time by consent of parties.
ORDER 49
TRANSFER
Transfer of cause or matter.
Re-assignment of cause or matter.
Action by the Chief Judge on transfer
Evidence of part-heard cause or matter.
Transfer of proceedings from the Court to a High Court.
Transmission of order and copies of entries to the appropriate High Court.
ORDER 50
WITHDRAWAL AND DISCONTINUANCE
Withdrawal of appearance.
Discontinuance of action without leave.
(2) A defendant may, without leave of Court-
(a) Withdraw his defence or any part of it at any time.
(b) discontinue a counter-claim, 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 counter-claim or, if the counter-claim is made against two or more parties, of the defence to the counter-claim last served, by serving a notice to that effect on the plaintiff or other party concerned.
(2) 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.
(3) 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 sub-rule (1) of this rule, of references to a defence to counter-claim, to the defendant and to sub-rule (2) of this rule respectively.
(4) If all the parties to action consent, the action may be withdrawn without leave of the Court at any time before trial by filing in the Registry a written consent to the action being withdrawn signed by all the parties and the action shall thereafter be struck out by the Court.
Dis-continuance of action. Etc with leave.
(2) An application for the grant of leave under this rule may be made by summons or motion on notice.
Effect of discontinuance.
Stay of subsequent action until costs paid
Withdrawal of summons.
ORDER 51
EFFECT OF NON-COMPLIANCE
Effect of non-compliance.
(2) The Court may on the ground that there has been such a failure as mentioned in sub-rule (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.
Application to set aside for irregularity.
(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 52
ARBITRATION
A – REFERENCE TO ARBITRATOR
Nomination of Arbitrators and appointment.
Court may appoint Arbitrators.
Form or order of reference.
Umpire where necessary.
Attendance of witnesses.
Extension of time for making award.
(2) Where in any case 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 issuance of an order by the Court superseding the arbitration and recalling the suit.
Power of Court in case of death, incapacity, or refusal to act
(2) Where the Arbitrators are empowered by the terms of the order or reference to appoint an umpire, and do not appoint any 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 other 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.
Finding.
(2) The award shall comprehend a finding on each of the several matters referred.
Special case for opinion of the Court.
Court may modify or correct award.
Power as to costs.
Power of court to remit award for reconsideration.
(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 aware 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.
Setting aside Award.
(2) Any application to set aside an award shall be made within three months after the publication thereof.
Filing award; effect of.
B – ARBITRAL PROCEEDINGS
Applications under 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 i lie award on the ground that it was made without jurisdiction or because the Arbitrator mis-conducted himself or that the proceedings 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 referred to the Court;
(j) To subpoena a witness to attend under section 23 thereof, shall be made by originating motion.
C – ENFORCEMENT OR ARBITRAL 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, usual or last known place of abode or business of the applicant and the person against whom it is sought to enforce the award;
(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 ARBITRAL AWARDS
Awards made in proceedings in foreign territory.
ORDER 53
APPEALS AND APPLICATIONS UNDER THE TRADE MARKS ACT AND PATENTS AND
DESIGNS ACT
A – GENERAL
Application of general procedure rules.
(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.
Notice of motion, etc.
(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 authorized 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.
Time within which appeal may be heard.
Amendment of notice of motion.
(2) Except with the leave of the Court hearing any such appeal, no grounds other than those stated in the notice of 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.
Power of the Court on 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) The 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 orders 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) The Court may, in special circumstances, order such security to be given for the costs of the appeal as may be
(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.
Reference by Registrar.
(a) may refer any application; and
(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, and 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
Procedure for action on infringement or registered trade mark.
(2) Where in any proceeding 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 counter-claim of an order that the register of trademarks be rectified by canceling or varying the relevant entry or both.
(3) A party to any such proceeding who in his pleadings (whether a defence or counter-claim) 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 proceeding who counter-claims for an order that the register or trademarks be rectified shall serve on the Register of trademarks, a copy of the counterclaim together with a copy of the particular mentioned in sub-rule (2); and the Registrar of trademarks shall take part in the proceeding 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
Procedure for nullification of patents or designs.
(2) The respondent to a petition shall serve an answer to the petition within twenty-one 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, 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, 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 specifications, is not useful; and 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 cannot 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 cannot work or be made to work as described.
Restriction on evidence.
(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 of it for those parties.
Procedure for action on infringement of patent or design.
(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 twenty-one 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 admission;
(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), or as the Court thinks necessary or expedient for the purpose of defining and limiting the issue 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 deponent 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 expert 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.
Appointment of expert.
(2) The court may nominate the expert and, where appropriate, settle any question or instructions to be submitted or given to him.
(3) Where the Court appoints an expert to inquire and report under sub-rule (1) of this rule, order 41 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.
Interpretation under this order.
ORDER 54
APPEALS TO THE COURT FROM PROFESSIONAL BODIES
Application
Methods of appeal.
Evidence.
Service
Content of notice and date of hearing.
Reasons for appeal to be filed.
(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.
Copies of affidavits to be served on the parties.
ORDER 55
FEES AND ALLOWANCES
Fees; Appendix 2.
Exemptions.
(2) These fees are waived in respect of a party which is or represents a Government Ministry, non-ministerial Departments, Federal, State and Local Government or any of their agencies.
Allowances Appendix 4
(3) 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.
(4) A witness who testified at the instance of the Court acting on its own motion shall be paid out of public revenue
Regulations: Appendix 5
ORDER 56
MISCELLANEOUS PROVISIONS
Orders to be made
Other procedure rules in Appendix 1
(2) The Chief Judge may modify or add to the list of rules set out in Appendix 1 to these Rules.
Recovery of penalties and costs
Notices
Filing
Fees: Appendix 3
Days of opening Registry to the public
Where no rules exist
Forms of writ of summons (Civil Forms 1, 2, 3 and 4)
ORDER 57
POWERS OF THE CHIEF JUDGE TO AMEND RULES AND ISSUE PRACTICE
DIRECTIONS
Powers of Chief Judge over new Rules
Publication of new Rules
Chief Judge’s Powers to issue practice directions etc
Practice directions etc to be published
ORDER 58
ESTABLISHMENT OF COMMUNICATIONS AND SERVICE CENTRE FOR E-FILING
Powers of the Chief Judge
Further Rules thereof
Time for establishment
APPENDIXES
APPENDIX 1
APPENDIX 2
FEES PAYABLE
1. | For the Recovery of a specified sum – | N | K |
(a) | Not exceeding N20,000 | 1,000 | 00 |
(b) | Exceeding N20,000; but not above N100,000,00 | 1,500 | 00 |
(c) | Exceeding N100.000; but not above Nl,000,000 | 2,500 | 00 |
(d) | Exceeding Nl,000,000 per N100,000 or part thereof | 1,500 | 00 |
(e) | Maximum fee | 50,000 | 00 |
(f) | Claim in foreign currency shall be converted into the Local currency as assessed above | ||
2. (a) | For the recovery of an unspecified sum the fee payable is the same as the maximum payable per relief | ||
2 (b) | For set off or counter-claim; the same as payable Under Item 1 | ||
3. | For an account to be taken and payment of the sum Found due | ||
(a) | Initial fee | 1,000 | 00 |
(b) | Second fee (payable before setting down for Judgment):
per N 100 or part of thereof found due in excess of N200 | 1,000 | 00 |
(c) | Maximum fee | 5,000 | 00 |
4. | Originating Summons – | ||
(a) | Originating summons | 2,000 | 00 |
(b) | Oaths | 100 | 00 |
(c) | Filing | 100 | 00 |
(d) | Double sealing | 200 | 00 |
(e) | each exhibit | 20 | 00 |
(f) | service same as in item 37 of this appendix | ||
5. | Motion on Notice | ||
(a) | Motion on notice | 200 | 00 |
(b) | Oaths | 100 | 00 |
(c) | Filing | 100 | 00 |
(d) | sealing | 100 | 00 |
(e) | Each exhibit | 20 | 00 |
(f) | Service, same as in item 37 of this appendix | ||
6. | Motion Ex parte | ||
(a) | motion ex parte | 200 | 00 |
(b) | oaths | 100 | 00 |
(c) | filing | 100 | 00 |
(d) | scaling | 100 | 00 |
(e) | Each exhibit | 20 | 00 |
7. | For any other relief or assistance not specially provided for Applications, Affidavits, Judgments, Orders, Security Bonds, Warrants and Writs | 100 | 00 |
8. | on application for warrant to detain a ship | 2,500 | 00 |
9. | on application for a writ of Habeas Corpus | 500 | 00 |
10. | On filing any other application | ||
(a) | if on notice | 200 | 00 |
(b) | if ex parte | 200 | 00 |
(c) | If accompanied by other papers same as payable
Under item 4, 5 & 6 | ||
11. | On filing an affidavit | 100 | 00 |
12. | On filing a security bond | 200 | 00 |
13. | On filing any other paper | 100 | 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 of judgment | 200 | 00 |
18. | For an inquiry by a Court officer where so ordered
For each sitting | 2,000 | 00 |
19. | For an account taken by a Court officer where so Ordered:
per N100 or part thereof found to have been Received………… | 5 | 00
|
20. | For taking down a person’s statement where so ordered
As the Court may direct but not exceeding | 100 | 00 |
21. | For searching the achieves: for each period of six months
Or part thereof | 500 | 00 |
22. | For drawing up a bill of costs were so directed;
Per folio of 72 words | 10 | 00
|
23. | For taking costs were so ordered: N10 or part thereof | 1 | 00 |
24. | For preparing a copy where authorized:
Per folio of 72 words | 10 | 00 |
25.(a) | For every subpoena…………………….. | 200 | 00 |
25(b) | Witness allowance, same as in Appendix 4 | ||
26. | On warrant for prisoner to give evidence | 500 | 00 |
27. | on commission to take evidence | ||
(a) | out of jurisdiction | 5,000 | 00 |
(b) | within 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 ……………… | 100 | 00 |
29. | For sealing any document not in proceedings | 200 | 00 |
30. | For certifying a copy as a true copy: per folio of
72 words or part thereof | 10 | 00 |
31. | For certifying a record of proceeding per folio 72 words
or part thereof | 10 | 00 |
32. | For payment into Court (except when ordered by the
Court or proceeds of execution) | ||
(a) | not exceeding N100 per N20 or part thereof | 2 | 00 |
(b) | exceeding N100 per N100 or part thereof | 10 | 00 |
(c) | on payment into an interest yielding account Part of
interest paid unto Court | 1 | 00 |
33. | On appointment of Commissioner to administer
Oaths and take declarations (not being a Government Officer) | 500 | 00 |
34. | 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 or
Within 12 kilometres from the Court | 100 | 00 |
(b) | If beyond 12 kilometres for every subsequent
2 kilometres 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 |
38. | Late filing of memorandum of appearance | 200 | 00perday |
APPENDIX 3 (O. 56 R. 6) NOTARIES’ FEES OF OFFICE
| |||
N | K | ||
Noting protest on bill or note | 100 | 00 | |
Extending protest on bills of exchange | 200 | 00 | |
Promissory note | 200 | 00 | |
Minuting or noting ship’s protest | 100 | 00 | |
Extending ship’s protest | 200 | 00 | |
Attestation to any document | 100 | 00 | |
TRANSLATIONS
| |||
For every folio of 72 words | 10 | 00 | |
Attestation to translation of any document | 3,000 | 00 | |
FEES FOR REGISTRATION OF JUDGMENTS | |||
Registration of a certificate of a judgment of a High Court | 2,000 | 00 | |
Registration of a certificate of a judgment of any Court | 2,000 | 00 | |
REGISTRATION OF A CAVEAT | |||
For filing a Caveat | 2,000 | 00 | |
APPENDIX 4 (O. 55 r. 1) ALLOWANCE TO WITNESSES AND INTERPRETERS |
N |
K — Per day | |
1. | Professional men, merchants, captains of ships
Auctioneers, pilots, merchantile agents, bank managers, Chiefs, surveyors and any officer of the public service Whose salary is not less than Grade level 07 | 12,000 | 00 |
2. | Merchantile assistants, other persons and officers in
The public service whose salary is less than Grade level 07 | 5,000 | 00 |
3. | Servant, labourers, canoe men and the like not
Specifically provided for in the schedule | 2,500 | 00 |
4. (a) | Interpreter of Nigerian language | 2,500 | 00 per day |
(b) | Interpreter of foreign language | 5,000 | 00 per day |
TRANSPORT ALLOWANCE
| |||
(a) | By private car per kilometre | 20 | 00 |
(b) | By private motorcycle per kilometre | 10 | 00 |
NOTE
The traveling 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 (raveling 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
(0.55 r. 2)
REGULATIONS REGARDING FEES
(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 counter-foil thereof
(2) When any form of process specifies the fees thereof, it shall be for the Registrar or other officer to initial the amount of the fees appearing thereon, and to quote the number of the receipt.
APPENDIX 6
CIVIL PROCEDURE FORMS
FORM1
(O. 3 r. 4)
GENERAL FORM OF WRIT OF SUMMONS
(Here put the letter and number (see note (a) following this form)
In the Federal High Court
In the………………………………………………………………… Judicial Division
Suit No…………………………………………………………………………
Between
A.B…………………………………………………………………………………Plaintiff
And
C.D……………………………………………… Defendant To C.D. of
…………………………………….. in the ……………………………………………………… of
………………………………………………………………………………………………….
You are hereby commanded that within thirty 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 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…………
…………………………………
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 of the Judicial Division in which the action is brought or by sending them to the Registry by registered post.
Endorsement to be made on the writ before issue thereof
This plaintiff’s claim is for etc (b) ………………………………………………………………
The writ was issued by G. H. of……………………………………………………….Whose
Address for service (c) is…………………………….………………… 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 and 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)
(b) Endorsement of Claim –if the plaintiff sues, or 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 provisions of the Act including a claim for four days’ costs.
(c) Address for Service-See O.4 r. 5. 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, address of liquidator)”. In the case of a foreign corporation within the meaning of the Companies and Allied Matters Act, the plaintiffs’ address should run thus:
“…………………………..plaintiffs, who are a foreign corporation within the meaning of the Companies and Allied Matters Act, the registered name .Hid address of the person to be served are (here add registered name and address)”.
Endorsement of Service – See O.6 r. 13.
Before the writ is issued the following certificate must be indorsed on it.
The Registry, Federal High Court
In the…………………………………………………….………………………Judicial Division
A sufficient affidavit in verification of the endorsement on this writ to authorize the sealing thereof has been produced to me this …………… day of ……………… 20 …
……………………………………….
(Signature of Registrar)
FORM 1 (A)
(O. 3r. 3(1) (e))
CIVIL SUMMONS TO WITNESS REQUIRING SUBPOENA
In the Federal High Court
In the ……………………………………………………………………………… Judicial Division
Suit No ……………………………………………………………………………………………..
Between
…………………………………………………………………………………… Plaintiff(s)And
…………………………………………………………………………………………Defendant(s)
Whereas the plaintiff/defendants has listed your name as a prospective witness in this case and has indicated that a subpoena will be needed to get you to testify at the trial:
Whereas the rules of practice and procedure of this Court, requires every witness to reduce his intended testimony in writing under oath for same to be filed in the Registry of the Court by the party calling the witness for service on the opposite party;
Now therefore, you are commanded in the name of the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to deliver to the above named plaintiff(s)/defendant(s) or his /her legal practitioner at the address indicated below, on or below the ………… day of ………… 20 …. your written statement (i.e. your intended testimony) on oath, concerning case.
Take Notice that if you fail to deliver the statement as aforesaid, you will be guilty of contempt of the Court and a Bench warrant for arrest and or committal to prison may be issued against you.
Dated this…………… day of…………………20………
Address at which the statement is to be delivered:
To plaintiff(s)/defendant(s)
C/O…………………………………………………..
……………………………………………………….
……………………………………………………….
……………………………………
Registrar
Note:
(a) This summons is to be served with the pleading of the party calling the witness.
(b) This witness will still be required to attend Court when duly notified, for a formal adoption of the written statement on oath and to tender exhibits if need be; and be cross-examined.
FORM 2
(O. 3 r. 5 & O. 6 r. 18)
WRIT FOR SERVICE OUT OF 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) after service of this writ (or notice of writ, as the case may be) on you, inclusive of the day of such service, you do cause an appearances 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 days of such date, and not afterwards.
The defendant (or defendants) may appear hereto by entering appearance (or appearances) either personally or by legal practitioner at the Registry of the Judicial Division in which the writ is issued.
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 defendants or one or more defendants is or are out of jurisdiction
When the defendant to be served is not a citizen of Nigeria and is in the commonwealth, notice of this writ and not the writ itself is to be upon him.
Note:
The above endorsement “N.B.” must be on every writ or concurrent writ for service out of the jurisdiction, or of which notice is to be served out of jurisdiction. The endorsement “N.B.” need not be made on a writ against defendants domiciled abroad, but on whom it is intended 10 serve within the jurisdiction.
Endorsement:-If the claim is for a debt or liquidated demand only, the endorsement, even though not special, must strictly comply with the provisions of O.4 r. 3, including a claim for costs.
See also notes to Form 1, supra.
FORM 3
(O. 3 r. 9)
GENERAL FORM OF ORIGINATING SUMMONS
In the Federal High Court
In the …………………………………………………………………………………. Judicial Division
(If the question to be determined arises in the administration of an estate or a trust entitle it: In the matter of the estate or trust).
Between
A.B……………………………………………………………………………………… Plaintiff(s) and
C.D and E.F ………………………………………………………………………Defendant(s)
Let ………………………of………………………..in…………………………………within thirty days
after service of this summons on him, inclusive of the days of such service, cause an appearance to be entered for him to this 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 the questions).
Dated the ………………… day of ………………… 20 ……………
This summons was taken out by…………………………legal practitioners for the abovenamed……………………………………..
The defendant may appear hereunto by entering appearance personally or by a legal practitioner either by fi ling the appropriate processes (as in Order 7) in response at the Registry of the Court where the summons was issued or by sending them to that office by any of the methods allowed by these Rules.
Note: If the defendant does not respond within the time at the place above mentioned, such orders will be made and proceedings may be taken .1 the Judge may think just and expedient.
FORM 4
ORIGINATING SUMMONS UNDER
(O. 3 r. 9)
(Headings as in Form 1)
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 may be).
Let A.B. of ………………………………………attend before the Judge, or (Chief Registrar’s Office)
Federal High Court Registry…………………………………on the ………………………….day
of……………20………………at 9 O’clock in the forenoon (on the hearing of an application on the part of …………………………..(state relief sought). (If for leave to enforce award under the Arbitration Act add, “And that the respondent do pay the costs of this application to be taxed”.
Dated the …………… day of……………… 20……………
This summons was taken out by……………………………………………………………………
Note:
It will not 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 lime mentioned in the endorsement hereon), such order will be made and proceedings taken as the Judge may think just and expedient.
FORM 5
(O. 3 r. 9)
FORM OF EX PARTE ORIGINATING SUMMONS
In the Federal High Court
In the …………………………………………………………………………………Judicial Division
Suit No………………………………………………
In the matter of A. B. an infant (or, as may be)
LET ALL PARTIES concerned attend before 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………… (agent for of …………of ………) …………………………………………
Legal practitioners for the applicant
FORM 6
(O. 3 r. 17)
FORM OF MEMORANDUM FOR RENEWED ORIGINATING PROCESS
(Heading as in form No. 1)
Seal renewed Originating Process in this action endorsed as follows:
The Originating Process renewed on the……………………………..day of ………………
20………………pursuant to order of Court made ……………..day of ………………… 20
…………………… for six months.
(Copy original originating process and the endorsements)
FORM 7
(O.6 r. 19 and 26)
REQUEST TO MINISTER OF FOREIGN AFFAIRS TO TRANSMIT NOTICE OF WRIT 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 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.
…………………………………….
Chief Judge
FORMS 8
(O. 6 r.19,26and 28)
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 expense incurred by the Ministry of Foreign Affairs in request of the service hereby requested and on receiving due notification of the amount of such expense, 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…………………
…………………………………………………..
Signature and address of
Legal practitioner
FORM 9
(O. 6 r. 19, 26 and 27)
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 services 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 of 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.
………………………..
Chief Judge
FORM 10
(O.6rr.l9and27)
REQUEST TO MINISTER OF FOREIGN AFFAIRS TO TRANSMIT NOTICE OF WRIT TO A
FOREIGN GOVERNMENT CIVIL AVIATION ACT
(Heading as Form 1)
The Chief Judge of the Federal High Court presents his compliments to the Minister of Foreign Affairs and enclosed herewith a notice of a writ of summons issued 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 said Judicial Division of the Federal High Court stating that the notice of writ of summons has been so delivered and on what date.
……………………………………
Chief Judge
FORM 11
(0.7 r 1)
MEMORANDUM OF APPEARANCE IN THE FEDERAL
HIGH COURT OF NIGERIA
In the………………………………………………………………..Judicial Division
Suit No………………………………………………………………………………
Between
……………………………………………………………………………………….Plaintiff (a)
And
……………………………………………………………………………….Defendant (b) Please enter an
appearance for ……………………………………….(give full name of defendant wishing to appear), (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 the………………day of…………………20…………
Signed…………………. (by defendant or legal practitioner entering the appearance) whose address for service is…………… (a defendant entering 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:
(b) Give name by which the defendant is described in the writ if this differs from defendant’s full name, otherwise delete words
(c) A defendant appearing in person must give his residence or some other place within the Judicial Division of the Federal High Court to which communications for him should be sent. Where he appears by a legal practitioner, the legal practitioner’s place of business
I, ………………………..acknowledge that on the……………day of……20……………at (a time and place) received the following processes:
(a) ……………………………………………………………………………………………
(b) ………………………………………………………………………………………………
(c) ………………………………………………………………………………………………
I also acknowledge that I am the person referred to in the sealed copy of the originating process.
Dated this ……………………… day ……………………..20…………………
………………………………..
Signature
FORM 12
(O. 9 r. 18)
THIRD PARTY NOTICE CLAIMING INDEMNITY OR
CONTRIBUTION OR OTHER RELIEF OR REMEDY
In the Federal High Court
Suit No…………………………………………….of
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 this………. day of…………………20 ………………
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). The defendant claim 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 cost of this action or contribution to the extent of (one-half) of the plaintiff’s claim) or (the following relief or remedy namely ……………………….or the grounds, namely that (she 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.
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 13
(0.9 r. 18)
THIRD PARTY NOTICE WHEN QUESTION OR
ISSUE TO BE DETERMINED
In the Federal High Court
In the……………………………………………………………………………… Judicial Division
Between
C.D………………………………………………………………………………. Defendant
And
E.F………………………………………………………………………………… Third party
Issued pursuant to the order of the Hon. Justice …………………………………………… date
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).
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 issues 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 of 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 Decree.
Dated this………………… day of ………………………….. 20………………
(Signed)
Legal Practitioner for 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 14
(O. 13 r. 3(2), 35(7) and (8))
NOTICE OF COUNTER-CLAIM
In the Federal High Court
Between
C.D.E.F. and G.H. ………………………………………………………….. Defendant
To the within name 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 Registry
FORM 15
(O. 13 r. 35(14))
CONCESSION TO DEFENCE
In the Federal High Court
In the ………………………………………………………………… Judicial Division
Between
C.D.E.F. and G.H ..…………………………………………………………… Defendant
The plaintiff concedes to the defence stated in the paragraph ……………………. of the defendant’s defence (or, of the defendant’s further defence).
FORM 16
(O. 19 r. 3)
JUDGMENT FOR DISMISSAL
In the Federal High Court
In the……………………………………………………………….. Judicial Division
Suit No……………………………………………
Between
A.B………………………………………………………………………. Plaintiff And
C.D. and E.F………………………………………………………………….. Defendant
Dated and entered the …………………. day ……………………….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 awarded by the Court.
FORM 17
(O. 20 r. 6(a))
LEGAL PRACTITIONER’S UNDERTAKING AS
TO EXPENSES
(Heading as in Form No.1)
I (or we) hereby undertake to be responsible for all expenses incurred by the Ministry of Foreign Affairs in respect of the letter of request issued herein and on receiving due notification of the amount of such expenses undertake to pay the same 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 (full address) ………………………………
Defendant’s Agent …………………………… of (full address) ………………………………
Dated the …………………day of …………………20 …………………
……………………………..
Legal practitioners for
…………………………….
…………………………….
FORM 18
(O.20 r.6(b))
LETTER OF REQUEST RO TAKE EVIDENCE (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 ………………….Judicial Division of the Federal High Court of the Federal Republic of Nigeria, in which……………………………is the plaintiff and ………………………..is the 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 purpose of justice and for the due determination dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is ………………………… of ………………… and……………… of (full address) …………………….. and it appears that such witnesses are resident with your junction.
Now, I ……………….the Chief Judge of the Federal High Court of the Federal Republic of Nigeria, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, 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 so summon) to attend 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 and viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant or such of them as shall on due notice give, attend such examination.
And I further have the honour to request that you will permit the agents of both the said plaintiff and 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 answers 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 upon the subject-matter thereof or arising out of the answers 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 9upon cross-interrogatories and viva voce) and the party producing the witnesses for examination, liberty to re-examine him 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 questions, whether in examination, cross-examination or re-examination the evidence of such witnesses to be reduced into writing and all books, letter, papers and 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 the same together with (the interrogatories and cross-interrogatories) and a note of the charge and expenses payable in respect of the execution of this request, through the Ministry of
Foreign Affairs from whom the name was received for transmission to the said Federal High Court of Nigeria.
And I further beg to request that you will cause me or the agents of the parties if appointed to be informed of the date and place where the examination is to take place.
Dated the ……………………. day of ……………..20………………………
……………………………
Chief Judge
FORM 19
(0.20 r. 7)
ORDER FOR APPOINTMENT OF THE NIGERIAN DIPLOMATIC AGENT AS SPECIAL EXAMINER (IN CONVENTION COUNTRY)
(Heading as in Form No. 1)
Upon hearing the legal practitioners on both sides and upon reading the affidavit
of……………………………
It is ordered that the Nigerian Diplomatic Agent or his Deputy at …………………………be appointed as Special Examiner for the purpose of making the examination, cross-examination, and reexamination, viva voce, on oath or affirmation, of…………………witnesses on the part of
the…………………………at ………………………….aforesaid. The examiner shall be at liberty to invite the attendance of the said witnesses and the product ion of documents, but shall not exercise any compulsory powers; otherwise such examination shall be taken in accordance with the Nigerian Federal High Court Procedure. The………………………legal practitioners to give to the………………………..legal practitioners………………………….days notice in writing of the date on which they propose to sent out this order to…………………for execution and that…………………….days after the service of such notice the legal practitioners 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.
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 un less such notice In- dispensed with). That the depositions when taken together with any documents referred to therein or certified copies of documents, or of extracts there from, be transmitted by the examiner under seal, to the Chief Registrar of the Federal High Court of Nigeria, on or before the………………….day of…………………………next, or such further or other days as may be ordered, there to be filled in the proper office. That either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. That the trial of this action be stayed until the filing of such depositions. That the costs incidental to this application •in I such examination be costs in the action.
Note: If the Convention requires that the invitation or notice of the witnesses must expressly state that no compulsory powers may be used, these requirements must be complied with.
FORM 20
(O. 20 r. 19)
FORM OF PRAECIPE
In the Federal High Court
In the …………………………………………… Judicial Division
Suit No ……………………………………………….
Between
C.D. and others………………………………………………..…………………. Defendants
Seal writ of subpoena………………………… on behalf of……………………………….on
(1) ………………………………………of………………………………………………
(2) ……………………………………….of…………………………………………………
(3) …………………………………………….of…………………………………………………
Dated this …………………………………….day of ………………20……………
(Signed)………………………………………………………………………………..
(Address)…………………………………………………………………………………………………
Legal practitioner for the……………………………………………………………………….
FORM 21
(0.20 r. 20)
SUBPOENA AD TESTIFICANDUM
In the Federal High Court
In the…………………………………………Judicial Division
Suit No………………………………
Between
…………………………………………………………………………………….. Plaintiff
And
……………………………………………………………………………………….. Defendant
To … ………………………………………… of ……………………………………….
You are commanded in the name of the President and Commander in-Chief of the Armed Forces of theFederal Republic of Nigeria to attend before this Court at………………… on
……………………….the…………………………… day of ……………………… 20
………………… at ………………………….. O’clock in the forenoon, and so from day to day till the above case is tried, to give evidence on behalf of the
………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
Dated this ……………………… day of …………………………… 20 ……………
………………………………………..
Judge
FORM 22
(O. 20 r. 20)
HABEAS CORPUS AD TESTIFICANDUM
In the Federal High Court
In the …………………………………………………………………… Judicial Division
Suit No…………………………………
Between
…………………………………………………………………………………..Plaintiff and
…………………………………………………………………………………… Defendant
The Controller of Prison, at………………You are commanded in the name of the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to have ……………………… who it is said is detained in your custody in Prison, at…………… before the Court ……… at ………… on …………………… the ……… day ……………… 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 shall duly conduct him to the prison from which he shall have been brought.
Dated this………………day of………………… 20……………………….
………………………………….
Judge
FORM 23
(O. 20 r. 20)
SUBPOENA DUCES TECUM
In the Federal High Court
In the …………………………………………………………………………………… Judicial Division
Suit No…………………………………
Between
……………………………………………………………………………………………………… Plaintiff and
…………………………………………………………………………………………………. Defendant
To……………………….of …………………………………………………………………You are
commanded in the name of the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria 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………………..(Specify documents to be produced)
Dated this ……………………day of …………………………………..20……………………..
FORM 24
(O. 40 r. 2 (1))
FORM OF GUARANTEE FOR THE ACTS AND DEFAULTS OF A RECEIVER
In the Federal High Court
Suit No………………………..
Re…………………v ………………. guarantee for N ……………… Annual premium
N………………
The guarantee is made the …………… day of ……………… 20 …………
Between………………… (Receiver) of …………………….. (Hereinafter called “the Receiver”) of the first part, the above-named (name of surety)……………………the registered office of which is at …………………… in ……………………….. (hereinafter called “the Surety”) of the second part and the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, 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 Registrar-of the Federal High Court has signed in the margin hereof.
Now this guarantee witnesses 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 sum of N………………….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 and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria 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 and Commander in- Chief of the Armed Forces of the Federal Republic of Nigeria 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 N……………………
Provided nevertheless that a Registrar of the Federal High Court may be 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 shill continue in full force but in that case the premium shall be correspondingly reduced or increased.
(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 by courier service 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 expenses 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……………………….
Signature
Name
Address
Occupation
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 N……………………to N………………………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………………………….
Signature
Name
Address
Occupation
……………………… ………………………. …………………………..
Chairman Receiver Secretary
FORM 25
(O. 40 r. 2 (2))
RECEIVER’S SECURITY BY UNDERTAKING
In the Federal High Court
In the ……………………………………………………………………………. Judicial Division
(Title) Suit No…………………….
Re…………………………… V…………………….
1, ……………………………………………………..….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 money 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 all 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 N………. that may from time to time be certified by a Registrar of the Federal High Court to 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……………
(Signature of Receiver, his surety or sureties. In the case of a Surety being a guarantee or other company it must be sealed or otherwise duly executed).
FORM 26
(O. 40 r. 4(1))
RECEIVER’S ACCOUNT
(Heading as in Form 1)
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 CD, the testator (or, intestate) in this cause named, from the……………….day of………………………to the day
of…………………………………__
REAL ESTATE RECEIPTS
No. of items | Date when received | Tenant’s Name | Description of Premises | Annual Rent | Arrears due at | Amount Received | Arrears remaining | Observations |
1.
2. |
PAYMENTS AND ALLOWANCES ON ACCOUNT OF REAL ESTATE
No of Items | Date of Payment of Allowance | Names of Persons to wom paid or allowed | For what purpose paid or allowed | Amount |
One year’s Insurance of due……………..
Bill for repairs at house to let Allowance for a half years income Tax due ……. Total payments N | N |
Receipts on Account of Personal Estates
Personal Estate | Payment and Allowances on Account of | ||||||||
No. of items | Date when received | Names of Persons from whom received | On what Account Received | Amount Received N | No. of Items | Date when paid or allowed | Names of Persons to whom paid ro allowed | For what Purpose paid or allowed | Amount paid or allowed N |
SUMMARY
Amount of balance due from Receiver on account of real estate on last account | N……………………………………………. |
Amount of receipts on the above account of real estate | N……………………………………………. |
Balance of last account paid into Court | N……………………………………………. |
Amount of Payments and allowances on the above Account of real estate | N……………………………………………. |
Amount of Receiver’s costs of passing this account as to real estate | N……………………………………………. |
Balance due from the Receiver on account of real estate | N……………………………………………. |
Amount of balance due from Receiver on last account of personal estate | N……………………………………………. |
Amount of receipts on the above account of personal estate | N……………………………………………. |
Balance of last account paid into Court | N……………………………………………. |
Amount of payments and allowances on the above account of personal estate | N……………………………………………. |
Amount of Receiver’s cost of passing this account as to personal estate | N……………………………………………. |
Balance due from the Receivers on account of personal estate | N……………………………………………. |
………………………………………………..
Receiver/Manager
FORM 27
(O. 42 r. 1(6))
NOTICE OF PAYMENT INTO COURT
In the Federal High Court
Between
C.D. E.F. and G.H…………………………………………………………………………. Defendants
TAKE NOTICE that the defendant ……………………………………………… has paid into Court
N…………………… and says that (……………………………………..part of) that sum is enough to satisfy the plaintiff’s claim (or and N…………….. the other part of the sum is enough to satisfy the plaintiff’s claim for…………………)
Dated the…………… day of …………… 20 …………
P.Q. legal practitioner for the defendant, C.D
To X.Y., the Plaintiff’s legal practitioner, and to Mr. R. S. legal practitioner for the Defendant E.F
To be filled in by the Cashier, Federal High Court
Received the above sum of N ……………………. into Court in this action
Dated the ………………… day of ………………… 20…………………
FORM 28
(O. 42 r. 2(1))
ACCEPTANCE OF SUM PAID INTO COURT
In the Federal High Court
In the………………………………………………………………………………………………… Judicial Division
Between
C.D. E.F. and GH………………………………………………………………………. Defendants
TAKE NOTICE that the Plaintiff accepts the sum of N………………………..paid by the defendant (C.D) into Court in satisfaction of the claim in respect of which it was paid in (and abandons his other claim in the action).
Dated the…………………day of……………………20……
……………………………..
X.Y Plaintiff’s
Legal Practitioners
(To: Mr. P. Q. legal practitioner for the defendant C.D. and Mr. R. S. legal practitioner for the Defendant
E.F.)
FORM 29
(O. 42 r. 4(2) and (4))
ACCEPTANCE OF SUM PAID INTO COURT BY ONE OF SEVERAL DEFENDANTS
In the Federal High Court
In the ………………………………………………………………………………. Judicial Division
Between
C.D. E.F. and G.H……………………………………………………………………….. Defendants
Take Notice that the Plaintiff accepts the sum of N . paid by the defendant C.D. into Court in satisfaction of his claim against the defendant C.D.
Dated the ………………………… day of……………………………… 20………………
…………………………..
X.Y. Plaintiffs
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 30
(O. 43 r. 2)
INTERROGATORIES
(Headings as Form 1)
In the………………………………………………………………………………. Judicial Division
Between
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.M. or Plaintiff)
(The defendant E.F. is required to answer the interrogatories numbered………………………)
(The defendant G.H. is required to answer the interrogatories numbered)
Dated the ………………………… day of…………………………20……………………………
…………………………..
Legal practitioner
FORM 31
(O. 43 r. 6 and 16(2))
ANSWER TO INTERROGATORIES
In the Federal High Court
Suit No…………………………….
In the ……………………………………………………………………………….. Judicial Division
Between
C.D. E.F. and G.H……………………………………………………………………….. Defendants
The answer of the above mentioned 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:
FORM 32
(O. 43 r. 8 (2))
AFFIDAVIT AS TO DOCUMENTS
In the Federal High Court
Suit No……………………
In the…………………………………………………………………………… Judicial Division
Between
C.D. E.F. and GH…………………………………………………………………….. Defendants
(Legal Practitioner or Agent) or in possession, custody or power of any other persons or person on my behalf, and deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing or any copy of or extract 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 schedule hereto
Dated at……………… this …………………….. day of ……….20………………………..
(ILLITERATE JURAT) (Where applicable)
FORM 33
(O. 43 r. 14(1) (b))
ORDER FOR PRODUCTION OF SHIP’S PAPERS
In the Federal High Court
In the……………………………………………………………………………. Judicial Division
Suit No……………………
Between
C.D. E.F. and GH…………………………………………………………………………. Defendants
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 practitioner 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 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 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, log-books, charter-parties, trade men’s bills for repairs, average statements, letters, invoices, bills of parcels, bills of lading, manifest, accounts, account-current, account sales, bill of 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 any of either of their brokers, legal practitioners nr agents any way relating to or referring to the matters in questions in this action, with liberty for the defendant, his legal practitioners or agents to inspect and take copies of or extracts whom the same or any by 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.
Dated at……………this………………day of………………….20…………
FORM 34
(O. 43 r. 19 & 20)
NOTICE TO PRODUCE (GENERAL FORM)
In the Federal High Court
Suit No …………………………………
Between
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)…………………….of…………………………
………………………………………Agent for……………………………………………….
G.H. legal Practitioner
Legal Practitioner for the above-named or agent
FORM 35
COMMISSION TO EXAMINED WITNESSES
In the Federal High Court
Suit No……………………………………………..of 20……………………………………
Between
………………………………………………………………………………………… Plaintiff and