NASARAWA STATE AREA COURT (CIVIL PROCEDURE) RULES, 1971

Published by Law Nigeria Admin at 17th May 2019

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LAWS OF NASARAWA STATE OF NIGERIA

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THE AREA COURT (CIVIL PROCEDURE) RULES, 1971

ARRANGEMENT OF RULES

Order

Citation, application and interpretation
Institution of causes
Service of process
Service and execution out of the jurisdiction of an area court.
Interlocutory applications.
Transfers.
Constitution of the court
Power of area courts to exclude members of the public.
Non-attendance of parties at Hearing of cause.
Presentation of case to defendant.
Proceedings at the hearing subsequent to presentation.
Reference to arbitration.
Evidence and witnesses
Orders.
Injunctions and their enforcement.
Costs.
Execution generally.
Execution against the person.
Execution against property
Garnishee proceedings
Inter-pleader proceedings.
Writ of possession.
Alteration of parties
Forms
Fees
Accounts
Records
Revocation

FIRST SCHEDULE

FORMS

SECOND SCHEDULE

THE AREA COURTS EDICT

THE AREA COURTS (CIVIL PROCEDURE) RULES

In the exercise of the powers conferred upon him by section 65 of the Area Courts Edict, 1967, the Chief justice has made the following rules:

(1). These rules may be cited as the Area Court (Civil Procedure) Rules, 1971 and shall be deemed to have come into operation on the 1st day of July, 1971.

(2). These rules shall apply to all area courts.

(3) The principles of any customary law and custom shall be abrogated or varied to the extent only (if at all) to which any order or rule may make specific provision in a sense contrary to any particular part of such customary law and custom and subject thereto such customary law and custom shall remain in full force and effect.

In these rules unless the context otherwise requires “area court of origin” means an area court from which a cause or matter is transferred:

“area court of transfer” means an area courts to which a cause or matter is transferred;

“Chief Registrar” means the Chief Registrar of the High Court:

“Registrar” means the registrar, registrar or scribe of an area court;

“Court” means an area court established under the Edict or deemed to have been so established;

“District Court” means District Court established under the provisions of the District Courts Law;

“Edict” means the Area Courts Edict, 1967.

“High Court” means the High Court of Justice established under the High Court laws,

“Immediate family” means the:

wife or wives:
husband;

iii. parent, which shall include father and mother, grandfather and grandmother, and stepfather and stepmother;

child which shall include son and daughter, grandson and granddaughter, and
brother and sister, which shall include stepbrother and stepsister;

“immovable property” means land, buildings and everything attached to the earth or permanently fastened to anything which is attached to the earth including leaseholds and other interests in land, but no including minerals mineral oils, standing crops and the fruits of trees of economic value;

“Inspector” means an officer appointed under section 45 of the Edict to exercise the powers vested in him under the Edict and shall include the Chief Registrar, any senior inspector and any assistant inspector; 5

“Judge” means an area judge appointed under the Edict and shall include a member of the court who for the time being is the president of the court:

“Judgment” means judgment of a court;

“order” means an order of a court;

“prescribed fee” in relation to any particular matter: means (a) where the fees chargeable by an area court are specified in writing by the Chief Registrar or by his direction the fee if any specified chargeable in respect of such matter; or (a) where the fees chargeable by an area court are not so specified in writing, the fee specified in the second schedule as chargeable in respect of such matter.

“process” includes any writ, summons, warrant, order, notice, or other document issued by a court;

“proper officer” means the registrar, registrar or scribe of a court or such other officers of a court as the area judge or the president, as the case may be, may appoint, either generally or in a particular case, to discharge a particular duty;

“State” means the North-Central State of Nigeria.

ORDER 2 – INSTITUTION OF CAUSES

No court shall entertain a cause or matter which it considers that it has no jurisdiction or not sufficient power to try, but shall transfer or obtain the transfer of the cause or matter to a court of appropriate and competent jurisdiction or powers.

Every civil cause shall be commenced by a complaint made in person or by the authorized representative of the person making the complaint.
On the institution of a cause or matter made under the provisions of these rules before a court, the court shall cause the registrar to enter the substance of such cause or matter in books to be kept for the purpose prescribed in order 27.
A court shall refuse to entertain a cause or matter if the said cause or matter fails to disclose any cause of action, and any refusal under the provisions of this rule together with the grounds therefore shall be entered in the appropriate record.
Provided that the refusal to entertain a complain under this rule shall not by reason only of such refusal preclude the plaintiff from presenting a fresh complaint in respect of the same cause of action. 7
The court may if any the necessary parties are present dispense with the requirements of these rules or the rules contained in order 3 as to issue and service of process or as to any steps to be taken before the case is ready for trail and proceed forthwith to the trail of the case.
Upon a complaint in any cause or matter being made to a court such court shall ascertain the details thereof, and if the court decides to issue a summons, in the first instance such summons shall be directed to the person against whom the complaint is made requiring him to appear at a certain time and place before the court to answer the complaint.
Any fee paid in respect of the issue of a summons shall be entered thereon by the registrar and a court receipt shall be issued to the complainant.
The court may, if it thinks fit and with the consent of the parties hear and determine a complaint notwithstanding that the time within which the defendant was required to appear may not have elapsed.
Every summons issued by a court under these rules shall be in writing, in duplicate, signed by the judge of such court and in the form prescribed by these rules.

ORDER 3 – SERVICE OF PROCESS

Service of process shall be affected by any person authorized under the provision of section 12 of the Edict.
Save as is hereafter provided service shall be affected by handing the duplicate copy of the document to the person to be served
Service on a local authority shall be effected in accordance with the provisions of section 117 of the Local Authority Law.
(1) Service on a Government or local Authority officer or on a servant of a corporation established by any written law may be effected by sending the duplicate copy of document by registered post to the senior representative of the Ministry or Department or Local Authority or corporation in which the said officer serves or the servant is employed and by such representative delivering the document to such officer or servant.

(2) The written statement of such representative that the document has been so served shall be proof of service.

Where it appears to the court either with or without an attempt at service in accordance with the provision of rule 2 hereof that for any reason such service cannot conveniently be effected the court, after being satisfied by affidavit that it is necessary so to do, may order that service be effected.

(a) by delivery thereof 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 probably that the document would in the ordinary course, through that agent or other person, come to the knowledge of the person to be served.

(b) by advertisement in the Federal Gazette or in the State Gazette or in some newspaper circulating within the jurisdiction;

(c) by notice put up at the court house or some other place of public district wherein proceedings in respect of which the service is made have been instituted, or at the usual or last known place of abode, or of business, of the person to be served, or

(d) by affixing the document to the usual or last known place of abode or business of the person to be served, and upon complain with such order such service shall be deemed to be good and sufficient service of the said document upon the person to be served. 10

A document may be served on any day between hours of 6:30 in the morning and 8:30 in the evening.
Service may be proved by evidence which may be on oath or affirmation or by a certificate of service endorsed on the back of the original document and signed by the person effective service.
No court shall take any action which is dependent upon a document being served upon any person unless service is admitted by such person or service upon him has been proved in accordance with these rules.
A book shall be kept at every court for recording service of documents, such form as may be prescribed, in which shall be entered by the officer serving the document, or by the registrar, the names of the plaintiff and the defendant, the court issuing the document, the method, whether person or otherwise, of the service, and the manner in which the person serving ascertained that he served the document on the right person, and where any document shall not have been duly served, then the cause of failure should 11
No court shall issue a warrant for the arrest of a defendant: Provided that a court may issue a warrant where it is satisfied that –

(1) the defendant has been served with a summons and he does not appear at the time and place appointed in such summons; and

(2) the cause or matter cannot be disposed of under customary law and custom without the appearance of the defendant.

ORDER 4 – SERVICE AND EXECUTION OUT OF THE JURISDICTION OF AN AREA COURT

(1) When it is necessary that:

(a) a summons shall be served:

(b) a warrant shall be executed; or

outside the limits of the jurisdiction of a particular area court but within the state such court shall forward such summons, warrant or order to the court within those jurisdiction the summons, warrant or order is to be served, executed or enforced.

(2) Where it is necessary that a summons, warrant or order shall be forwarded to a court outside the State such summons, warrant, or order shall be sent to such court by such authority as the Chief Registrar shall prescribe.

(1) When a court in the State receives a summons or warrant forward under the provisions of paragraph (1) of rule 1 it shall forthwith endorse thereon an order for its due service or execution and shall arrange therefore without delay.

(2) Every witness summons issued under order 13 shall be forwarded with such a sum as the court shall consider sufficient to cover the cost of the witness’s traveling and subsistence expenses.

(3) Every warrant of arrest shall be forwarded with an escort and a sum sufficient to cover the cost of the traveling and subsistence expenses of the escort and person arrested.

(1) When a court in the State receives an order forwarded under the provisions of paragraph (1) of rule 1 it shall:

(a) enter the same as a civil case in the case register;

(b) on the application of the person entitled to enforce the order enforce it in the same manner as if it had been an order made in a case tried or decided by the court so receiving the order;

(d) return to the issuing court the order when satisfied or, if the order is not satisfied, return it after the expiration of twelve months from the date of its issue.

(2) Any court forwarding an order to another court shall note thereon particulars of any payment already made to it in part satisfaction of such order.

any summons, warrant or order forwarded by one court to another under the provisions of these rules shall state fully the address or where about of the persons or property mentioned therein.

ORDER 5 – INTERLOCUTORY APPLICATION

Interlocutory application may be made by motion at any stage of the proceedings in a cause or matter and by any of the parties thereto.
Unless the court shall otherwise order, no motion shall be entertained by the court until the party moving has filed a motion paper or made verbal application to the proper officer. In either case the party seeking the order shall state clearly the terms of the order sought.
Motions shall only be heard after notice of motion has been served on all the parties likely to be affected.
A court hearing a motion may in its absolute discretion receive oral evidence in support of or in opposition to the motion.
Where any party has filed a notice of motion and is not present at the subsequent hearing of the motion, the court shall not make an order in favour of such party.
The hearing of any motion may from time to time be adjourned upon such terms as the court may think fit.

ORDER 6 – TRANSFERS

Where an order for the transfer of any cause or matter has been made under party VI of the Edict the area court making such transfer shall forward or cause to be forward a copy of the order to the registrar of the area court of transfer.
Where an inspector has:-

(a) stayed any proceeding in a court under the provision of section 48 of the Edict, and

(b) under the provisions of subsection (2) of section 48 of the Edict:-

made an order transferring the case concerned to any other area court, to a magistrate’s court or to a District court; or
reported the case to the High court, he shall transmit a copy of his order of transfer or report to the registrar of the area court of origin and to the registrar of the area court of transfer or the registrar of the magistrate’s court, District court or the High court as the case may be.
It shall be the duty of and area court of transfer to hear and adjudicate afresh upon any cause or matter transferred to it.
(1) It shall be the duty of an area court to which any cause or matter has been transferred or returned by the High court in accordance with the provisions of subsection (2) of section 16 of the Edict to hear and adjudicate upon such cause or matter afresh: Provided that such area court shall not entertain any allegation by the person against whom the proceeding have been instituted that he is not subject to the jurisdiction of area courts.

(2) Where an area court has heard and adjudicated upon a cause or matter in accordance with paragraph (1) it shall transmit to the appropriate registrar of the High court a copy of the order made by it upon such adjudication.

ORDER 7 – CONSTITUTION OF THE COURT

The Chief Registrar may approve assessors for each court.
The court shall sit with assessors in cases involving any customary law and custom with which the judge and members, if any, area not fully conversant and may sit with or without assessors in all other cases.

ORDER 8 – POWER OF AREA COURTS TO EXCLUDE MEMBERS OF THE PUBLIC

In any cause or matter a court may, where it appears that the administration of justice would be rendered impracticable by the presence of the public, at any stage of the proceedings order that no member of the public shall have access to or be or remain in the court without the express permission of the court.
Where a court ha made an order in accordance with rule 1 such court may order any person failing to comply with such order to be arrested and ejected from the court.

ORDER 9 – NON – ATTENDANCE OF PARTIES AT HEARING OF CAUSE 17

On the day when a cause is called on for hearing or at any adjournment of such hearing if neither party to the cause appears the court shall strike out the cause unless the court sees good reason to the contrary. Any such reason shall be recorded in the Civil Cause Record Book.
(1) On the day when a cause is called on for hearing or at any adjournment of such hearing if the plaintiff does not appear the court shall strike out the cause unless the court sees good reason to the contrary. Any such reason shall be recorded in the appropriate records.

(2) where a cause has been struck out under paragraph (1) and the defendant has a counterclaim he may:-

on proof of service of the process on the plaintiff; or
where it considers that the plaintiff had due notice of the hearing; proceed to the hearing and determination of the counterclaim and give judgment for the defendant with or without costs or adjourn the hearing and cause notice to be given to the plaintiff of the date of such adjourned hearing.

(3) Any sum payable under judgment or award under paragraph (2) may be recovered by execution on the property of the plaintiff under the provisions of order 19 and no further step shall be taken in the cause until such execution is completed.

(1) When a civil cause is called on for hearing or at any adjournment of such hearing if the plaintiff appears and the defendant does not appear the court may on due proof of service of the process and upon being satisfied that the time between the date of service and the date of hearing was sufficient for the defendant to have appeared had he wished so to do proceed to the hearing and determination of the cause on the part of the plaintiff only, and the judgment thereon shall be as valid as if both parties had appeared.

(2) When the court has heard and determine any cause in the absence of the defendant under the provisions of paragraph (1) and the defendant has a counterclaim in such the counterclaim shall, unless the court sees good reason to the contrary, be struck out and any such reason shall be entered in the appropriate records.

(3) If, when a civil cause is called on for hearing or at any adjournment of such hearing, service of the process on the defendant is not proved to the satisfaction of the court, the court shall fix a new day of hearing and cause the process to be amended accordingly.

(4) Any judgment obtained against any party in the absence of such party may on sufficient cause shown be set aside by the court upon such terms as to the court may deem fit.

ORDER 10 – PRESENTATION OF CASE TO DEFENDANT

A the hearing of any cause or matter before a court where all parties are present the judge or registrar shall read to the defendant the claim or complaint and shall explain to him the meaning and substance thereof to the satisfaction of the court.
After the claim or complaint has been read and explained to the defendant in accordance with rule, land he has signified that he understands it, the judge or registrar shall then call upon the defendant to reply to the claim or complaint in accordance with the customary law and custom applicable thereto, and the defendant’s answer shall be entered in the Civil Cause Record, Book.

ORDER 11 – PROCEEDINGS AT THE HEARING SUBSEQUENT TO PRESENTATION

PART 1 – MOSLEM CASES

After the provisions of order 10 have been complied with then if the case is not one in which Moslem law is to be administered or applied, the court shall continue the hearing in accordance with the following rules of this part.

PART II – NON – MOSLEM CASES

After the provisions or Order 10 have been complied with, then if the case is not one in which Moslem law is to be administered or applied, the court shall continue the hearing in accordance with the following rules of this part.
(1) Upon the application of a party the details of the claim may be amended at any time before judgment if the court is satisfied that no injustice will result.

(2) Such amendment shall be notified to all parties to the cause.

(3) If the facts proved at the hearing differ from the details given in the claim in any minor respect the court may, if it is satisfied that no injustice, will result, give judgment and issue its order without amendment of the claim.

Where a defendant wishes to plead that:
The court has no jurisdiction (i) over him or (ii) over the cause or matter:
the claim does not disclose any cause of action or
the subject matter of the claim has already been adjudicated upon the defendant shall make any at any time after he hi is asked that he has to say in answer to the claim, and his answer shall be written in the Civil Cause Record Book.
(1) Where a defendant has made a plead under the provision of paragraph (a) (i) of rule 3. proceeding shall continue in accordance with the provision of section 16 of the Edit.

(2) Where a defendant has made a plea under the provisions of paragraph (a) (ii), (b) or (c) of rule 3 the court shall consider whether such plea has been made out and shall give its decision, which shall then be written in the Civil Cause Book, and thereupon:-

if the court is satisfied that the plea has been made out the suit shall be dismissed; or
if the court is not satisfied that the plea has been made out, it shall order that the hearing shall continue.
When the defendant admits liability the court shall hear the statements of the parties and thereafter make its order.
When the defendant does not admit liability the plaintiff shall open this case and produce his evidence.
At the end of the evidence for the plaintiff the court shall consider whether any case has been made out for the defendant to answer and if no case has been made out judgment shall be entered for the defendant.
(1) If there is a case for the defendant to answer, the court shall call on him to make his defence.

(2) a defendant shall be entitled.

to give evidence;
to call witnesses; and
to address the court at the conclusion of the evidence for the enforce.
If anything contained in the preceding rules of this Order shall conflict with the customary law and custom applicable to the case under consideration the said customary law and custom shall prevail.
When the cases for both sides have been closed the court shall consider the whole matter and give its decision which shall be put into the form of an order in accordance with Order 14.
(1) At any stage of the proceedings the court may of its own motion and adjourn the hearing until such time as may be convenient:

(2) A request by a party to a cause for an adjournment shall not be granted unless there be good reason for granting it.

(3) If an adjournment is granted under paragraph (2) there shall be payable by the party applying for such adjournment such costs as the court may order.

ORDER 12: – REFERENCE TO ARBITRATION

A court may, with the consent of the parties to any proceedings, order the proceedings to be referred for arbitration to such a person or persons and in such manner and on such terms as it thinks just and reasonable.
On consideration of the report or reward of the arbitrator the court may:-
confirm any award of the arbitrator and enter it as the judgment of the court ore
set aside the award the fix a data for the hearing of the case by the court and proceed to the hearing of the case accordingly.

ORDER 13: – EVIDENCE AND WITNESSES

(1) A court may of its own motion or on the application of either party summon any person subject to its jurisdiction to attend the court and to give evidence or to produce any document in his possession.

(2) A court may order that before the issue of a summons to a witness a deposit of money be made in court to cover the expenses of such witness.

If a witness does not appear in answer to summons after a reasonable sum has been tendered to him to cover his expenses of attending a court may, upon proof of service of the summons which must be recorded in the record book order the issue of a warrant to bring such witness before the court at such time and place as is convenient.
The court shall order witnesses on both sides to be kept out of court except when they are actually giving evidence; provided that this rule shall not apply to the parties themselves even though they intend to give evidence.
All evidence given before a court and the method by which such with evidence may be given and record by a court shall be in accordance with that customary law and applicable to the cause or matter under consideration.
The judge shall write in the appropriate record book the oral evidence given before the court.
(1) when a document or thing is exhibited to the court and admitted in evidence, the court shall allot to it a distinctive letter or number and shall record the same in the record book; and the registrar shall mark it with letter or number allotted and number of the case.

(2) When a document or thing is produced and tendered in evidence but is rejected by the court, the registrar shall mark it as having so tendered and with the title and number of the case.

(3) When there is an appeal, the registrar shall forward to the court of appeal together with the certified copy of the record all documents and things admitted in evidence or tendered in evidence and rejected.

(4) If there is no appeal within the time allowed, the registrar shall at the end of the time allowed for appealing return each document or thing to the party producing it or shall dispose of it in such other manner as the trial court may order.

ORDER 14: – ORDERS

The order of a court shall be pronounced by the judge and shall be written in precise terms in the Civil Cause Record Book by the judge and signed by the judge.
A court when making an order may fix a time for compliance therewith and in particular may direct that any sum of money ordered to be paid by installments.
(1) When a party affected by an order of a court has appeared in the proceedings it shall not be necessary to bring the terms of the order to his notice before proceeding to execution.

(2) When a party affected by an order of a court has not appeared in the proceedings the term of such order shall be brought to his notice by the service upon him of formal written order.

ORDER 15 – INJUNCTIONS AND THEIR ENFORCEMENT

Where a court has power to require any person to do or abstain from doing any act or thing, other than the payment of money, or to require any act or thing to be done or left undone, other than the payment of money, and no mode is otherwise than by this rule provided for enforcing such requirement; such court may exercise such power by an injunction and:

(a) annex to such injunctions such conditions as the court may deem just;

(b) suspend or rescind such injunctions or such an undertaking being given or condition being performed as the court may deem just;

Any person for the space of fourteen days makes default in complying with an injunction made under rule 1 other than an order for the payment may upon proof of such default be ordered by the court:

(a) to pay into court a sum not exceeding five hundred naira for each day during which such default is made or

(b) to be imprisoned for an indefinite period until he has remedied his default.

Any sum ordered to be paid under the proved as civil debt.

ORDER 16 – COSTS.

“Cost” means the expenses necessarily and actually incurred by a part on account of the proceeding in a court, and shall include the expenses summoning and of the attendance of the parties and witnesses and the fees paid during the proceeding and for enforcing an order of the court.
A court may in his discretion order the costs or a part of the cost of any proceeding to be awarded to the successful party to such proceedings.
If a court makes an order directing that costs shall be paid by one party to the ,the court shall wherever possible access the amount of the costs summarily and shall embody the amount so accessed in the order.
Where a summary assessment of cost is not possible under rule 3 the court shall appoint a day and time for the detailed assessment of the cost payable in the cause or matter and shall then, on a consideration of such information as the court shall require, assess such costs accordingly.

ORDER 17 – EXECUTION GENERALLY

When a person desires to enforce an order that has been made in his favour by a court he may apply to that court for execution.
Execution shall not normally be issued until fourteen days after the day of the date of the order. Provided that the court may if it shall think fit in any case made a special order for immediate execution.
Execution shall not be issued after the lapse of two years from the date of the order: Provided that the court may if it shall think fit in any case grant leave fro execution to be issued after the lapse of two years.
If any person against whom order has been made dies before execution has been fully had thereon, application may be made to the court for execution to be levied against the legal personal representatives or the estate of the deceased person and the court shall make an order accordingly if there shall be no objection in law exrto.
1. Where an order has been made against two or more persons jointly, execution may be levied upon:
their joint property; or
the property of any one or more of them.

5.2 The writ of execution shall be joint to accord with the order but levy may be made on property of any person against whom execution has been ordered and who is named in the writ.

ORDER 18: – EXECUTION AGAINST THE PERSON

A Judgment or order of a court for the payment of money in a civil cause or matter may be enforced by the arrest and imprisonment of the judgment debtor which shall be carried out in accordance with the following rules.
On the application of a judgment creditor for the enforcement of any order for the payment of money by the imprisonment of the judgment debtor, the court shall issue a summons calling upon the judgment debtor to appear before the court on a day and hour specified in the summons to show cause why he should not be committed to prison.
(1) Where appearance is not made in obedience to the summons the court shall, if the judgment creditor so requires, issue a warrant for the arrest of the judgment debtor

(2) Every such warrant shall direct that the judgment debtor be brought before the court with all convenient speed, unless the amount which he has been ordered to pay and the fees (if any) for which he is liable, be sooner paid.

No judgment debtor shall be arrested in pursuance rule 3 unless and until the judgment creditor has paid to the court such sum as, in the opinion of such court, is sufficient for the subsistence of the judgment debtor from the time of his arrest until he can be brought before the court.
(1) When a judgment debtor appears before the court in obedience to a summons issued under rule 2 or is brought before the court after being arrested under the provision of rule 3, he may be examined by or behalf of the judgment creditor and by the court respecting:-
his ability to pay the money ordered to be paid and for the discovery of property, applicable to such payment, and as to what debts are owing by him, and as to the disposal which he may have made of any property; and
the circumstances in which he contracted or incurred the debt or liability in respect of which the judgment was given and respecting the means or expectation he had than of paying or discharging the debt or liability and he shall be bound to produce all books, papers and documents in his power relating to any such matters.

(2) Whether the judgment debtor appears or not the judgment creditor and all other witnesses whom the court thinks requisite may be examined respecting the said matters.

While investigation under rule 5 is pending, the court may in its discretion either order the judgment debtor to be detained in prison, or release him on his furnishing security to the satisfaction of the court for his appearance when required by the court.
The court may upon any such investigation as aforesaid make an interim order for the protection of the property applicable or available in discharge of the judgment as it shall thinks expedient.
At the conclusion of the investigation the court may make such one or more of the following orders as the case may require:-
an order for the committal of the judgment debtor to prison in accordance with the provisions of rule 10:

provided that the judgment debtor shall not be committed to prison unless and until the judgment creditor has paid to the court such sum as in the opinion of the court, is sufficient for the subsistence of the judgment debtor during the period that he is imprisoned;

an order for the attachment and sale of the judgment debtor’s property
an order for the payment of money by installments or otherwise by the judgment debtor;
an order for the discharge of the judgment debtor from prison.
Before making an order under rule 8, the court may take into consideration any allegation of the judgment creditor touching any of the following matters, namely
that the judgment debtor has then or has had since the making of the judgment or order sufficient means to pay the money directed to be paid by him or part thereof, and he refuses or neglects or has refused or neglected, to pay the same;
that with intent to defraud or delay his creditors or any of them the judgment debtor has removed property from the jurisdiction of the court which has made the judgment or order;
that the debt or liability in respect of which the judgment or order has been made has been contracted or incurred by the judgment debtor by fraud or breach of trust;
that forbearance of the debt was obtained, by the judgment debtor by fraud.
that the debt or liability was willfully and recklessly contracted by the judgment debtor without his having at the same time a reasonable expectation of being able to discharge it.
Subject to the provisions hereinafter contained, the court may at the conclusion of any such investigation as aforesaid but not otherwise commit the judgment debtor to prison for default in payment of any debt or installment of any debt due from him.

Provided that such jurisdiction shall only be exercised where it is proved to satisfaction of the court that the person making default either has or has had since the date of the judgment or order the means to pay the sum in respect of which he has made default. 35

No person shall be imprisoned in pursuance of the provisions of this Order for a longer period than –
one month if the decree be for the payment of a sum of money not exceeding fifteen pound; or
two months if the decree be for the payment of a sum of money exceeding fifteen pounds but not exceeding thirty pounds, or
three months if the decree be for the payment of a sum of money exceeding thirty pounds.
A judgment debtor shall be released at any time –
on the judgment or order being fully satisfied; or
at the request of the judgment creditor.
(1) Imprisonment shall, not in any case operate as satisfaction or extinguishments of the debt or deprive the judgment creditor of:-
his right of execution against the property of the judgment debtor; or
his right to make a fresh application under rule 2 for the committal of the judgment debtor if he can prove that the judgment debtor has, or has had, since his release from prison the means to pay the judgment debt in whole in or in part and has made default.

(2) Where a judgment debtor has been arrested and is detained in custody or where a warrant has been issued for the arrest of a judgment debtor no sale of any of his property shall, except with his written consent, be made until:-

at least fifteen days notice has been given to the judgment debtor specifying the property which has been seized and is intended to be sold; provided that this rule shall not apply to perishable article which may be sold at once.
Nothing contained in this order shall be deemed to derogate from the powers of a court under the provision of order 15.

ORDER 19 – EXECUTION AGAINST PROPERTY

A judgment or order of a court for the payment of money in civil case or matter may be enforced by the attachment and sale of the property of the judgment debtor, which shall be carried out in accordance with the following rules.
On the application of a judgment creditor for the enforcement of any judgment or order for the payment of money by the attachment and sale of the property of the judgment debtor the court shall issue a writ for the attachment and sale of the movable property of the judgment debtor such writ shall be addressed to the bailiffs and messengers of the court.
Upon receipt of the writ the bailiff or messenger executing the same may seize movable property in the actual possession of the judgment debtor including any money, banknotes, bills of exchange, promissory note, bonds or securities for money belonging to that person, and upon such seizure the bailiff or messenger shall be responsible for the safe custody of such movable property but shall transfer the same as soon as possible to the custody of the court; provided that the clothing, bedding and household utensils of the judgment debtor or his dependants and the tools and implements of his trade to the value of ten pounds shall not seized.
When attachment has been completed the bailiff or messenger executing the writ shall report the same to the registrar and the registrar shall thereupon arrange for the sale of the attached property by auction in such manner and under such conditions a the court may direct; provided that no goods seized in execution under process of a court shall be sold for the purpose of satisfying the writ until the expiration of a period of at least five days next the day on when the goods have been seized unless:-
the goods are of a perishable nature; or
the person whose goods have been seized so requests in writing or orally before the court in the presence of not less than two witnesses; provided further that the court may if it thinks fit direct that the sale shall be post pond for any period not exceeding twenty-eight days after the attachment
When movable property which has been attached by seizing has been sold such property shall be delivered to the purchaser.
The person authorized by the court to conduct the sale shall pay the proceeds to the registrar, who shall, after deducting the expenses of the sale, pay to the judgment creditor the amount owing under the terms of the judgment or order costs and any costs of execution. Any balance shall be paid to the judgment debtor.
Where the proceeds of the sale of movable property attached in execution of a writ issued in accordance with rule 2 are insufficient to satisfy the judgment or order, the court may on the further application of the judgment creditor writing issue a writ for the attachment and sale of the immovable property of the debtor. Such writ shall be addressed to the bailiffs and messengers of the court.
(1) Upon receipt of the writ the bailiff or messenger executing the same may attach lands, buildings or other immovable property belonging to the judgment debtor by serving the judgment debtor with a written order of the court forbidding the judgment debtor to alienate and any other person to accept the property in any way.

(2) Copies of the written order shall be pasted up on all items of the movable property which have been attached.

When the attachment has been completed the bailiff or messenger executing the writ shall report the same to the registrar, who shall thereupon arrange from the sale of the attached property by auction in such a manner and under such conditions as the court may direct.
At any time within twenty-one days from the date of sale of any immovable property application may be made to the court for an order to set aside the sale on the ground of material irregularity in the conduct of the sale, but no such order shall be made unless the applicant shall prove to court that he has suffered substantial damage or injury by reason of such irregularity.
If a sale of immovable property is set aside, the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, such money to be paid by such parties and in such manner as the court may direct.
If no application to set aside the sale is made within twenty-one days from the date of sale, the sale shall be absolute.
After a sale of immovable property has become absolute the court shall grant a certificate to the purchaser to the effect that he has purchased the right, title and interest of the judgment debtor in the property sold, and such certificate shall be valid transfer of such right, title and interest. Provided that any consent to the alienation of the right of occupancy required by the Land Tenure Law shall have been had and obtained before the certificate is issued.
The proceeds of the sale of immovable property shall be disposed of in the manner provided for in rule 6.
The party enforcing a judgment or order may levy the cost of execution over and above the judgment debt and costs mentioned in such judgment or order unless the court shall otherwise order in case where costs have been needlessly incurred.

ORDER 20 – GARNISHEE PROCEEDINGS

Where a judgment or order of a court for recovery of payment of money has been made and is unsatisfied or partially satisfied, the court may, upon the application of the judgment creditor order the debts owing to the judgment debtor from any person, hereinafter, called the garnishee to satisfy the judgment or order.
On the application of a judgment creditor for a garnishee order the court may, either before or after any oral examination of the judgment debtor, require such judgment creditor to make a declaration, which may be on oath in the discretion of the court, that the judgment or order is still unsatisfied and to what amount and that the garnishee is indebted to the judgment debtor.
(1) Where the court is satisfied that the garnishee is indebted to the judgment debtor the court may order that the debts so owing to the judgment debtor shall be attached to satisfy the judgment or order, together with the cost of the garnishee proceedings, and may order by the same or any subsequent order that the garnishee shall appear before the court on a day and at a time stated in the order to show cause why he should not pay the judgment creditor or so much thereof as may be sufficient to satisfy the judgment or order together with costs as a foresaid.

(2) such order shall be served on the garnishee and the judgment debtor at least fourteen days before the day of hearing.

Service on the garnishee in such manner as the court may direct or an order or of a notice thereof that a debt due or accruing to the judgment debtor shall be attached shall bind such debt in the hands of the garnishee.
The garnishee may before the day and time prescribed by any order made under the provisions of paragraph (1) of rule 3 pay into court without disputing his liability or with admission of his liability:-
the amount due from him to the judgment debtor, or
an amount equals to the judgment debt, together with, in each case, the costs of the garnishee proceedings.
If the garnishee:
does not dispute the debt due or claimed to be due from him to the judgment debtor but fails to comply with the provisions of rules 5. or
fails to appear on the summons, the court may upon proof of service order execution to issue in accordance with the provisions of order 19 and in the form prescribed in the First Schedule to levy the amount due from such garnishee, or so much thereof as may be sufficient to satisfy the judgment or order, together with in each case, costs as aforesaid.
If the garnishee appears and disputes his liability the court shall proceed to hear and determine the issue in such manner as just shall seem to require.
Where in any garnishee proceedings it is suggested by the garnishee that the debt sought to be attached belongs to some third person or that any third person has a lien or charge upon it, the court may order such third person to appear and state the particulars of his claim upon such debt. If the third person as described in rule 8 does not appear, the court may upon proof of service of a copy of the order, proceed to make such order as justice shall seem to require.

Upon the appearance of the third person as described in rule 8, after hearing his allegations and those of any other person whom the court may order to appear, the court may:

order execution to issue to levy the amount from the garnishee; or
order any issue or question to be tried and may bar the claim of such third person; or
make such other order, upon such terms with respect to any lien or charge or otherwise, as the court shall think just.

Payment made by or execution levied upon a garnishee under any such proceedings shall be a valid discharge to him against the judgment debtor, to the amount paid or levied.

After an attachment of immovable property of the garnishee shall have been made in accordance with these rules, any alienation without leave of the court of the property attached, whether by sale, gift or otherwise, and any payment or any debt or debt to the judgment debtor during the continuance of the attachment shall be null and void.

Garnishee proceedings may be heard in any court in which the judgment debtor could, under the provisions of section 19 of the Edict, sue the garnishee.

The court may, in its discretion, refuse to make or sue a garnishee order where, from the small amount be recovered or from the smallness of the debt to be attached, or otherwise, the remedy sought would be worthless or vexations.

ORDER 21 – INTERPRETATION PROCEEDINGS

Any person who claims that any property, whether movable or immovable, which has been attached is not liable to be sold in execution of a judgment or order, against the judgment debtor, may apply to the court which issued the writ of attachment and sale for the issue of a summons calling upon the judgment creditor to appear before the court on a date and at an hour specified in the summons to show cause why the property should not be released from the attachment.

(1) When the claim is investigated by the court it shall have the same powers as if the claimant had been originally a party to the suit.

(2) If it appears that the property attached is not liable to be sold in execution of the judgment or order the court shall make an order releasing the property from attachment.

(3) If it appears that the property attached is the property of the judgment debtor, the court shall disallow the claim and dismiss the summons.

A claim must be made to the court at the earliest opportunity and if the attached property has been advertised for sale the sale shall be postponed until the claim has been investigated.
No claim shall be investigated if it appears to the court that it was designedly delayed with a view to obstructing the ends of justice.
When it appears to the court that there has been deliberate delay or when the sale has taken place before the claim was made, the inter-pleader proceedings shall be dismissed.
(1) Every application by a claimant for an inter-pleader summons shall be supported by a declaration by the claimant, which may be on oath at the discretion of the court, specifying the property claimed and setting out the grounds upon which it is claimed.

(2) A copy of such declaration, certified by the registrar, shall be provided for each person against whom the relief is sought and a copy shall be attached to each summons issued by the court.

(3) The court may call for oral evidence of the facts if it so wishes when the claim is investigated.

Where in any inter-pleader proceedings the claimant claims damages from the judgment creditors or from the bailiff or messenger of the court in respect of any misfeasance occurring during the course of the attachment he shall in the declaration under paragraph (1) of rule 4, sate the amount which he claims for damages and the grounds upon which he claims such damages.
Where in the inter-pleader proceeding a claim for damages is made, the person from whom damages are claimed may pay money into the court in satisfaction of that claim, and the payment shall be made in the same manner and have the effect as if the proceedings were an action in that court and the person claiming damages were plaintiff and the person from whom damages are claimed were defendant.
Costs in any inter-pleader proceedings may be ordered to be paid in such manner as shall appear to the court to be just.

ORDER 22 – WRIT OF POSSESSION

The execution of any judgment or order relating to land or other immovable property may be carried out by a writ of possession whereby the judgment creditor is placed in possession of the land or immovable property as the case may be Provided that any consent to the right of occupancy required by the Land Tenure Law shall have been had and obtained before the said judgment creditor is placed in possession of the land or other immovable property.
(1) If any person (other than the judgment debtor) is dispossessed and such person disputes the right of the judgment creditor to dispossess him on the ground that:
the property was in good faith in his possession on his own account or on the account of some person on other than the judgment debtor.
The property was not included in the judgment or order; or.
If include in the judgment or order he was not a party to the suit, he may apply to the court within twenty-eight days of dispossession making claims to such land or other immovable property as has been attached or for such other relief as may be appropriate.
If after examining the applicant, it appears to the court that the applicant has good ground for making the application, the application shall be numbered and entered in the Civil Record Book as a suit between the applicant and the judgment creditor, and the court shall investigate the matter in dispute in the same manner and with the same powers as if a claim for the property had been made in a suit by the applicant against the judgment creditor.
If an application made in accordance with the provisions of this rule is entertained by the court it shall operate as a stay of execution of the writ of attachment and sale of the land or other immovable property in question.
The decision of a court given consequent upon an investigation in accordance with rule 2 shall lave the same force and effect as a decision in an ordinary civil suit, and no fresh suit arising out of the same facts may subsequently be entertained between the same parties or any person claiming under them in respect of the same property.

ORDER 23 – ALTERATION OF PARTIES

Where after a cause or matter has been instituted any change or transmission of interest or liability occurs in relation to any party to the cause or matter or any party dies or becomes incapable, or the cause or matter in any other way becomes defective or incapable of being carried the cause on, any person interest may apply to the court for any order requisite for curing the defect, or enabling or compelling the proper parties to carry on the proceedings.
Any person served with such an order may, within such time not exceeding fourteen days after service as the court directs, apply to the court to discharge the order.
The court may at any stage strike out the names of any parties improperly or unnecessarily joined, and may, after due notice given to the parties affected, add the names of parties whose presence is essential to a just decision of the matter in dispute, and on proof of such notice the parties so served, whether they shall have appeared or not, shall be bound by the proceedings in the action.

ORDER 24 – FORMS

All forms for issues by a court shall be completed by the registrar or registrar of the registrar.

A record of all forms issued shall be kept by the registrar or registrar retaining a duplicate which shall accurately record all the details inserted in the form before issue.

Forms for use in a court shall be those set out in the First Schedule.
Forms to the like effect may be used in all proceedings to which they are applicable with such variations as circumstances may require. 52

ORDER 25 – FEES

Fees shall be charged according to the scales set out in the Second Schedule.

Provide that the Chief Registrar may direct in writing:

that such fee or fees (not exceeding the said fees set out in the Second Schedule) as he may consider suitable in respect of the matters mentioned in the said schedule or any of them shall be substituted in the case of any particular court, and where substituted fees have been so specified such fees and no other fees shall be payable in that court (subject nevertheless to the provisions hereinafter mentioned).
That in any class or classes of cases no fee shall be payable.
In the administration of an estate the court, instead of charging any fees which but for this paragraph would have been chargeable may order that ten percent of the value of the estate be retained by or paid to the court as court fee:

Provided that this paragraph shall not apply to estate where by Moslem Law fees or dues or a portion of the estate are payable to the court or to treasury.

No additional fee shall be paid on the issuer of any civil process by reason of the names of more than one defendant appearing thereon.
A list of the authorized fees shall be consciously exhibited in the most public and accessible part of every court and also in its offices.
Fees shall be paid to the registrar who shall issue to the payer an official receipt for each payment made to him in accordance with the provisions of rule 3 of Order 26.
Where in these rules a fee is prescribed for any form or process, or the doing of any act, such form or process shall not be issued, or the act done, unless the fee is first paid.
(1) A court may order that fees shall be wholly or in art waived, reduced or remitted when owing to the poverty of a party or other reasonable cause it appears desirable that such waiver, reduction or remission should be made.

Any person who seeks a waiver, reduction or remission of fees shall make an application for the same in person to the court and the court may, if it so wishes, call upon the applicant to give, and to produce witnesses to give, evidence in support of his application, and any such proceedings and the decision of the court shall be written in the Civil Cause Record Book by the judge.

Whenever the party by whom fees would be payable under this order is a public officer or a local government authority or an officer or servant of a local government authority in each case acting in his or its official capacity, fees shall not be charged, but in a civil cause fees which would be payable but for this rule may be included in any costs allowed to such public officer or local government authority or official or servant and shall in the event, be paid to the court.

ORDER 26 – ACCOUNTS

Every court shall cause to be kept:
a Civil Cause cash Books;
receipt books; and such cash book and receipt books shall be in such form and pattern as may from time to time be approved by the Accountant-General in consultation with the Auditor-General of the state respectively.
All moneys received by a court and all moneys paid out by a court in the course of the business of the court shall be accounted for by the judge of the court.
(1) All moneys received by a court whether revenue or deposits and all moneys paid out by a court in the course of the business of the Court shall be entered in the cash book by the registrar.

(2) Each entry shall show the case number and folio number of the appropriate record and whether payment was made by the plaintiff or defendant or whether the payment was for fees or costs as the case may be.

(3) The registrar shall from the receipt books required to be kept by paragraph (b) of rule 1 of this Order issue a receipt to all persons paying money into curt in the course of the business of a court. The receipt number shall be entered in the cash book as part of the particulars required by paragraph (1) of this rule.

All moneys received by a court and all moneys paid out by a court in the course of the business of the court shall be retained, deposited and paid out in accordance with the provisions of such, financial instructions as may from time to time be issued.
All cash books and receipt books required to be kept by a court under the provisions of rule 1 shall be submitted for Treasury inspection and audit at such time and in such manner as the Accountant-General or Auditor-General respectively may direct.

ORDER 27 – RECORDS

Each court shall cause the following records to be kept
a Civil Cause Book
a Civil Cause Record Book
All proceedings of a court, including final and interlocutory orders of adjournment and notes of evidences may be English for in the vernacular.
(1) The registrar on judge shall be responsible for the carrying out of the provisions of rule 3 and shall authenticate all records by signing the same.

(2) All records and Forms as prescribed in the First Schedule shall be authenticated by the signature of the judge of the court concerned.

(1) A copy of any proceedings in any cause or matter shall upon application and payment of the prescribed fee be supplied by a court.
to a party or to person concerned in any such cause or matter;
to a member of the immediate family or such party or persons;
to a administrative officer applying on behalf of such party or person and
with the consent of the court to any other person.

(2) Any copy so supplied shall be certified by the signature of the registrar as being a true copy.

The records prescribed by rule 1 and any other records which may from time to time be prescribed by rules made under the law shall be preserved by the registrar.

ORDER 28 – REVOCATION

The Area Courts (Civil Procedure) Rules and the Area Courts (Interim Provisions) Rules, 1968, are hereby revoked.

FIRST SCHEDULE

FORM 1

NO………………………………..

CIVIL SUMMONS

In the Upper Area Court of……………………………..Between

………………..1 Plaintiff (if more than one, all should be named) and……………………2 Defendant (if more than one, all should be named).

To2………………………..of………………………………..

You are hereby summoned to attend this Court…………3 on the……………………day of…………………………19…………..at the hour of………………….a.m/pm to answer a claim by1 …………………..of………………………..against you the said plaintiff claims-

……………………………………………………………………………..

…………………………………………………………………………….

Take notice that if you do not attend at this Court at the time and on the date stated, the court may, on proof service of this summons, give judgment in your absence.

Fees paid…………………Court Receipt No……………………..

Dated the……………………day of……………………….19……….

(Signature)…………………………………………………

Area Judge or President

Insert name of person or body complaining
Insert name of person to summoned
Insert place of sitting
State concisely substance of complaint giving particulars including relevant dates and places.

FORM 2

NO……………………… ORDER 3, Rule 5

ORDER FOR SUBSTITUTED SERVICCE

In the Area Court of……………………………………………between…

……………………………………………………………………..plaintiff

(if more than one, all should be named)

UPON READING the Affidavit of………………of…………….

Sworn the………………………..day of………………………….19..

It is ORDERED that a copy of the………………issued in this case together with a copy of this order be served on some inmate of above the apparent age of eighteen years at……………………………..

being the usual (or last known) place of residence (or business) of

………………………… (name of plaintiff, defendant, witness or party) (or that a copy of the………………………issued in this cause together with a copy of this order, be sent by registered post addressed to……………………………….(name of plaintiff, defendant, witness or party) at……………being the usual (or last known) place of residence (or business) of the said…………….(or notice of the… ………………………..be published in the……………….Gazette) (or that copy of the………………………………………be published in the………………………newspaper in (number) separate issues) (or that a copy of the………………………………………..in this cause shall be affixed to premises at……………………….being the usual (or last known) place of residence (or business) of……………………the (plaintiff, defendant, witness or party) (or as may otherwise be ordered the court).

Dated at……………this…………………day of………….9….
(Signature)

Area Judge or President

FORM 3

NO……………………………..

SERVICE ENDORSEMENT OF SUBSTITUTED SERVICE

The document of which is true, copy was served by me on the…….……………………………….day of…………………………19…………by ……………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… in accordance with the terms of the order for such substituted service.

Dated at…………this……………..day of………..19………by

(Signature)………………………………..
person effecting service

FORM 4

WE ARRANT FOR THE ARREST OF DEFENDANT WHO HAS DISOBEYED SUMMONS

NO………………………..

In the area Court of………………………………………………

To all bailiffs and messengers of this court and members of the police.

Whereas complaint has been made to this court on the………..day of………………………….19…………….that……………..did……………………………………………………………………………………………………and whereas the said……………………………………..was thereupon summoned to Appear before this Court at……………………..on the ……………………day of……………….19…………….at the hour of a.m /pm to answer the said complaints;

And whereas it has been said……………………………………………..

Was duly served with the summons but did not appear as stated above to answer the said complaint:

And whereas the cause or matter cannot be disposed of under customary law and custom without the appearance of the said…………………………………………………………………………………………¹ you are therefore hereby commanded to arrest the said…….…………………………………and to bring him before the Court to answer the said complaint and to be further dealt with according to law.

(Signature)………………………………………….
Area Judge or President

¹Insert name of defendant

²State concisely substance of complaint giving particulars including relevant data and place of sitting.

FORM 5

NO………………………………

SUMMONS TO WITNESS

In the Upper Area Court of…………………………………………….

Between…………………………………………………………Plaintiffs
(if more than one, all should be named)…………………………… and………………………………………………….Defendant
(if more than one, all should be named).

To…………………………………………………………………..¹

You are hereby commanded to attend before this Court Sitting at……………………2on the……………………..day of…………..19……..

At the hour of…………………………………………………………a.m/p.m to testify all that you know in the above cause, and to produce the following documents, that is to say:

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

You are summoned on behalf of the…………………………..4Dated the……………………………day of…………………………19……………….

(Signature)………………………………………….
Area Judge or President

Insert name of witness
Insert place of sitting
State details of documents to be produced by the witness
Insert Plaintiff or defendant, as the case may be.

FORM 6

NO…………………………….

FORMAL ORDER

In the Upper Area Court of……………………………………………..

Between…………………………………………………………Plaintiffs

(if more than one, all should be named)…………………………… and………………………………………………….Defendant

(if more than one, all should be named).

To…………………………………………………………………..¹

It is hereby ordered that the named……………………………….²do recover from you…………………………………………………………..¹ the sum of e s d, representing e s d for debt/damages and e s d for cost and you are hereby ordered to pay to such persons the total sum of e s d forthwith on the day of……….. 19……….by installments of e s d for every……………³

Dated at……………….3 this……………….day of………………..19………

(Signature)………………………………………….
Area Judge or President

Debt … … … e s D

Damages … … e s D

Costs … … … e s D

Total … … e

_____________________

delete whichever is not applicable

Insert full names of all persons against whom the order is made
Insert full names of all persons in whose favour the order is made.
Insert seek, month or as the case may be
Insert place of sitting.

FORM 7

NO……………………………. ORDER 18, Rule 2

JUDGMENT DEBTOR SUMMONS

In the Upper Area Court of……………………………………………..

Between…………………………………………………………Plaintiffs

(if more than one, all should be named)…………………………… and………………………………………………….Defendant

(if more than one, all should be named).

To…………………………………………………………………..¹

Whereas the above name……………………………………………²

Obtained a judgment/order against the above name…………³

In the Court sitting at………………………………………………..⁴

On the…………………..day of…………………………19…………….

For the payment of e s d for debt, damages and cost to be paid forthwith on the……………….day of………………19…………. by installments of e s d, forever……….5 and subsequent costs have been incurred and allowed by the Court, amounting to e s d.

And whereas default has been made by you in payment on the sum of e s d, payable in pursuance of the said judgment/order and the said……………..² has/have required this judgment summons to be issued against you.

You are therefore summons to appear personally in this Court at ………………….on the………………….day of…………………a.m/p.m to be examined as to means you have or have had since the date of the said judgment/order to satisfy the sum payable in pursuance of the said judgment/order, and also to show cause why should not be committed to prison for such default.

Dated this……………………..day of…………………….19…………………

(Signature)………………………………………….
Area Judge or President

Sum in payment of which default has been e s d made as in second recital above…… ……….

Fees on issue of this summons…… ……….. ……….

Other expenses incurred by judgment creditor.

Total……………………

______________________________

Delete whichever is not applicable.

Insert name of person or persons to whom summons is issued.
Insert full names of persons in whose favour judgment or order was made.
Insert full names of all persons against whom judgment or order was made.
Insert place where Court was sitting when judgment/order was made.
Insert week, month or as the case may be.

FORM 8

NO………………………………..

WARRANT TO ARREST A JUDGMENT DEBTOR

In the Area Court of……………………………………between………….. Plaintiff (if more than one, all should be named) and……………….. Defendant (if more than one, all should be named) To all bailiffs and messengers of this court and members of the police.

Whereas the above name…………………………………………………¹ has failed to answer to a judgment summons issued by this court on the Court on the………………..day of…………………19……………..

And whereas it has been proved that the said…………………………..2 was duly served with the summons:

You are hereby commanded to arrest the said………………………….1 and to bring him before the court to be examined as to the names he has or has had since the date of the judgment/order to satisfy the sum payable in pursuance of the said judgment/order and to show cause why he should not be committed to prison for such default.

Sum on payment of which the judgment debtor e s d, is to be discharged Dated this…………day of ………………..19………………

(Signature)………………………………………….
Area Judge or President

_______________________________

*Delete whichever is not applicable.

Insert name of person or persons to be arrested.

FORM 9

NO……………………… Order 18, Rule 10

WARRANT OF IMPRISONMENT ON A JUDGMENT DEBTOR

You are hereby commanded to convey the above named………² hence and to deliver him to the officer in charge of……………..¹ Prison, thereto to be imprisoned for………………………………..³ Unless he shall sooner pay to the above-named………………….⁴ The sum of e s d, being the balance of the sum of e s d which sum he was ordered to pay to the said……………………………..⁴ by a judgment/order of the Court in the above-mentioned suit.

Dated at……………………⁵ this……………….day of………….19…

(Signature)………………………………………….
Area Judge or President

_______________________________

*Delete whichever is not applicable.

Insert the name of the appropriate Prison
Insert name of defaulting debtor to be imprisoned.
Insert the number of days/months for which the defaulting debtor is to be imprisoned.
Insert the name or names of the judgment creditor or creditors to whom payment is due.
Insert place of sitting. 68

FORM 10

NO………………………..

WRITE OF ATTACHMENT AND SALE

(Movable Property)

Whereas the above-named……………………………………………..1 Obtained a judgment/order against the above named………….2 in This court sitting at………………………………………………………..3 on the……………………….day of…………………………..19……………

For the payment of e s d, for debt/damages and cost to be paid forthwith on the day of………………………………..19………………….. by instalments of e s d, for every…………………………………………4 and subsequent costs have been incurred and allowed by the court amounting to e s d:

And whereas default has been made in payment of the sum of e s d, payable by the above-named………………………………………….⁵

You are hereby ordered forthwith to levy the sum of e s d, due under the said judgment/order together with the costs of this writ and the costs of executing the same by the attachment of the movable property of the said……………………⁵Whosever they may be found within the area of the jurisdiction of this court (except the clothing and bedding of him or his dependants and the tools and implements of his trade to the value of ten pounds) and also by seizing and taking any money, bank-notes cheques, bills of exchange, promissory notes, bonds or securities for money belongings to the said…………………………………⁶ or such part or so much thereof as may be sufficient to satisfy this execution; and to bring what you shall have so levied to this Court and to make a report of what you have done under this rite immediately upon execution thereof.

Dated this……………………….day of…………………..19……………….

(Signature)………………………………………….
Area Judge or President

Amount remaining due under judgment/ e s d Order………………

Fees and cost on execution of this writ…………………………………..

________________

Total…………………………………………………..e

________________

_______________________________

*Delete whichever is not applicable.

Insert full names of all persons in whose favour judgment or order was made.
Insert full names of all persons against whom judgment or order was made
Insert place where Court was sitting when judgment/order made
Insert names of defaulting judgment debtor.

FORM 11

NO……………………………. Order 19, Rule 7

WRIT OF ATTACHMENT AND SALE

(Movable Property)

For the payment of e s d, for debt/damages and cost to be paid forthwith on the day of………………………………..19………………….. by installments of e s d, for every…………………………………………4 and subsequent costs have been incurred and allowed by the court amounting to e s d:

And whereas default has been made in the payment of the sum of e s d, payable by the above-named………………..5 And whereas a writ has been issued by this court for the attachment and sale of the movable property of the said………………..⁵ but the execution of such has failed to realize the full amount due from the said……….5 in pursuance of the said judgment/order.

You are hereby commanded forthwith to levy the sum of e s d, still remaining due to the above-named………………………¹ under the said judgment/order together with the cost of this writ and cost of executing the same by the attachment of the immovable property of the said…………………….⁵ where so ever such property may be found within the area of jurisdiction of this court, and to make a report of what you have done under this writ immediately upon execution thereof.

Dated this………………………….day of…………………..19………….

(Signature)………………………………………….
Area Judge or President

Amount remaining due under judgment/ e s d Order………………

Fees and cost on execution of this writ…………………………………..

________________

Total…………………………………………………..

________________

_______________________________

*Delete whichever is not applicable.

Insert full names of all persons in whose favour judgment or order was made.
Insert full names of all persons against whom judgment or order was made
Insert place where Court was sitting when judgment/order made
Insert weeks, month or as the case may be
Insert names of defaulting judgment debtor.

FORM 12

NO………………………………….

ATTACHMENT NOTICE

In the Area Court of……………………………………between………….. Plaintiff (if more than one, all should be named) and……………….. Defendant (if more than one, all should be named).

TAKE NOTICE THAT-

Whereas a writ of Attachment and Sale dated the………………….day of……………………….19………..has been issued under the hand of Area Judge/President of……………………..at the instance of……… judgment debtor, in the above-mentioned suit, the said judgment debtor is hereby prohibited from alienating the property below mentioned by sale, gift, or in any other way, and all persons are hereby prohibited from receiving the said property by purchase, gift or otherwise that is to say:

⁵…………………………………………………………………………………….……………………………………………………………………………………… Dated this………………………….day of…………………..19………….

(Signature)………………………………………….
(Proper Officer)

*Delete whichever is not applicable

Here/insert name of person signing writ
Here/insert name of Court issuing writ
Here/insert name of judgment creditor
Here/insert name of judgment debtor
Here detail goods attached. 73

FORM 13

NO………………………………. Order 19, Rule 13

CERTIFICATE OF PURCHASE

TAKE NOTICE THAT

This is to certify that……………………………………………………….¹of……………………………………² has been declared by this court to be the purchaser of the right, title and interest of ³…………………. In the land and other immovable property hereinafter mentioned, that is to say:………………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………………………… which said right, title and interest was sold in execution of a judgment/order in the above suit by an order of this Court dated the………………………….day of…………………19………………

(Signature)………………………………………….
Area Judge or President

* Delete whichever is not applicable

Insert name of purchaser
Insert address of purchaser
Insert name of judgment debtor
Describe the land or the immovable property purchase
Insert place of sitting

FORM 14

NO…………………………………….

GARNISHEE ORDER

In the Area Court of…………………………………………………

Between…………………………………………………………… Judgment

Creditor and………………………………………. Judgment Debtor

and…………………………………………………………… Garnishee

To…………………………………………………………….(Garnishee)

Whereas the judgment creditor on the……..day of………..19……

Obtained a judgment order in the Area Court of…………………..¹

Against the judgment debtor for the payment of e s d, for costs which judgment/order remain unsatisfied as to the sum e s d,

And whereas it appears to the Court that you are indebted to the said judgment debtor in the sum e s d.

You are hereby ordered to appear before this Court sitting at………2 on the day of………………….19………………at the hour of…………… a.m/p.m to show cause why an order should not be made upon you for the payment to the judgment creditor of the amount of the debts due and owing or accruing from you to the said judgment debtor or so much thereof as will satisfy the debt due under the said judgment/order and the costs entered on this summons.

And further take notice that if you pay into this Court the amount of such debts, or so much thereof as will satisfy the debt due under the said judgment/order and the cost entered on this summons within fourteen days of the service of this summons on you, inclusive of the day of service, you will incur on further costs.

Dated the………………………….day of…………………19………………

(Signature)………………………………………….
Area Judge or President

* Delete whichever is not applicable

Insert name of court making the judgment or order
Insert place of sitting to hear garnishee proceedings 76

FORM 15

NO………………………………….

EXECUTION AGAINST A GARNISHEE

In the Area Court of…………………………………………………

Between…………………………………………………………… Judgment

Creditor and………………………………………. Judgment Debtor

and…………………………………………………………… Garnishee

To all bailiffs and messengers of this Court.

Whereas by judgment dated the…………….day of…………19……

Ordered that the garnishee should pay the sum of e s d, together with sum e s d, for costs, amounting together to the sum of e s d, to this Court.

And whereas default has been made in payment according to the said judgment:

You are hereby commanded forthwith to levy the sum of e s d, still remaining due to the judgment creditor under the said judgment together with the costs of the writ and the cost of executing the same by the attachment of the immovable property of the garnishee whosever such property may be found within the area of jurisdiction of this Court, and to make a report of what you have done under this writ immediately upon execution thereof.

(Signature)………………………………………….
Area Judge or President

FORM 16

NO……………………………….

INTERPLEADED SUMMONS

In the Area Court of……………………………………………………..

In the matter of a debtor owing by………………………………….¹

To……………………………………………………………………………²

Whereas a writ of Attachment and Sale was at the instance of ……………………³ issued by this court on the………………… day of …………………………, 19………. Against the property of……………¹ and has since been executed.

And whereas…………………………………………………………………⁴ hereinafter called the claimant, has made claim to certain goods or the proceeds thereof taken in execution of the said writ:

You are hereby summoned to appear before this Court at…………⁵ on the…………… day of………………….19………………at the hour of……………………….. a.m/p.m which the said claim will be adjudicated upon and such order made thereon as the Court thinks fit.

Dated the………………………….day of…………………19………………

(Signature)………………………………………….
Area Judge or President

Note: – A copy of the declaration made by the claimant specifying the property claimed and setting out the grounds upon which it is claimed is attached hereto

* Delete whichever is not applicable

Insert name of the judgment debtor in the original suit
Insert name of the claimant or the judgment creditor in the original suit, as the case may be.
Insert the name of the judgment creditor.
Insert the name of the person at whose instance this summons is issued
Insert the place where the Court will sit to adjudicate upon the interpleaded issue. 79

FORM 17

NO……………………………………

WRIT OF POSSESSION

In the Area Court of………………………………………………………

To all bailiffs and messengers of this Court.

Whereas by an order of this Court, dated the day of………………. 19………………one…………….¹ Was ordered to deliver to………….. possession of the land and premises hereinafter mentioned, that is to day:³…………………………………………………………………………..……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… You are hereby commanded to give possession of the said land and premises to the Said…………………………..2 and to make a report of what you have done under this writ immediately after the execution) thereof, and to bring that report and this writ to this Court.

Dated the………………………….day of…………………19………………

(Signature)………………………………………….
Area Judge or President

* Delete whichever is not applicable

Insert name of person who is to deliver possession
Insert name of person who is to receive possession
Set out particulars of the land and premises to be delivered.
Insert place of sitting.

FORM 19

CERTIFICATE OF DIVORCE

TAKARDAR SHAIDAR KASHE AURE

This is to certify that Divorce has been granted to Mr/Mrs Waman itace shaidar eewar an kasha auren Mallam/Mallama.

………………………………………………………………………………….. ………………………….husband/wife of Mr/Mrs…………………………..

Mijin/Matar

……………………………………………………………………………………… ………………………..in respect of their marriage contracted auren da aka daura ba bias shariar Musulumei/bias law and Custom after the full hearing of the Divorce Suit No.

Ala ada bayan kotu taji duk dalilan kara mai lamba …………………………………….of…………………………………………… day of………………………………………………19……………………….. tar ma………………………………..in this……………………………….

Cikin wanan

………………..Area Court Grade……………………of North-Central

Kotu Mai daraja ta Jihar Arewa Ta

State

Tsakiya

This marriage

Between……………………………………………………………………………

Wannan aure tsakanin

……………………………………………….……………………………..(husband) and…………………………………..

(miji) da

………………..(wife) therefore becomes annulled with effect from the

(mata) an kasha shi daga

………………….day of…………………………19………………upon which day the court takes a decision according to Moslem ranar da kotu ta yanke hukunei bias shariar Musulumei

Customary law and Custom.

Bisa Ala’ada 81

Date and official stamp

Kwanan wata da hatimin Kotu

…………………………………..

………………………………………
Area Court Judge

Fee of…………….pounds…………………shillings paid on Kudin takardar shaida…………..fam……………sule wanda aka biya

Receipt No………………………….dated………………………..

Bias rasit mai lamba

SECOND SCHEDULE

(PART 1)

On issue of summons, where the claim does not exceed £5
On issue of summons where the claim exceeds £5, but does
not exceed £10……………………
not exceed £25……………………………………..

On issue of summons where the claim exceeds £25 but
Does not exceed £50…………………………………….

On issue of summons where the claim exceeds £50

For each £50 or part thereof but such that the maximum

Fee shall not exceed £50……………………………………..

On issue of summons where the claim is not for the recovery of money or goods but for other relief or assistance for which no fees are specified…………………………..
On filing petition for divorce……………………….
On filing or making any other applead
If the claim arose more than five years before the application for summons or petition the fee is case of each of the above items shall be double the fee specified in the item……………..
Service fee, 25 per day or part thereof, plus cost of transport there necessary.
On issue of interpleaded summons…………………
On issue of judgment summons…………………..
On issue of court order to attach property (Fi Fa)……..
On issue of court order to imprison judgment debtor….
On issue of garnishee order……………………
On adjournment, by the party applying thereof…..
On issue of summons for witness………………….
Fees for every copy of proceedings per 100 words of part thereof.

(PART II)

FEES PAYABLE ON APPLICATION UNDER SECTION 3i (2) OF ADMINISTRATOR-GENERALS ACT (CHAPTER 4 OF THE 1958 LAW

in respect of an estate certified by the administrator General as not exceeding £50 in values……………………….. No fee
In respect of an estate certified by the administrator-general as exceeding £50 in value……………… ten shillings For every £50 or art therefore after the first £50
fees payable for ascertaining the address of abode of the next of kin of a deceased person, for the information of a Federal or State Government Department or of a Statutory Authority or Corporation ……………… ten Shillings.

MADE this 16th day of June, 1971.

N.V REED,
Chief Justice

Find other laws of Nasarawa State, Nigeria HERE