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DISTRICT COURTS LAW
LAWS OF NASARAWA STATE OF NIGERIA
ARRANGEMENT OF SECTIONS
PART I PRELIMINARY
PART II – ESTABLISHMENT OF DISTRICT COURTS
PART III – OFFICERS OF THE COURT
PART IV – JURISDICTIONS OF THE COURTS
CREDIT TO NATIVES
POWER TO TRANSFER
PART V – SITTING ON THE COURT
PART VI – PRACTICE AND PROCEDURE OF THE COURT
DETERMINATION BY DISTRICT JUDGE
SETTING A SIDE OF JUDGMENT AND NEW TRIAL
UNCLAIMED MONEY IN COURT
RIGHT OF APPEAL
HEARING AND JUDGMENT
PART VIII – MISCELLENOUS PROVISIONS
FEES AND COSTS
PROTECTION OF DISTRICT JUDGES AND OFFICERS OF DISTRICT COURTS
REPRESENTATION OF PARTIES
PART IX – RULES OF COURT
PART X – TRANSITIONAL PROVISIONS
DISTRICT COURT LAW
A LAW FOR THE ESTABLISHMENT OF DISTRICT COURTS FOR NORTHERN NIGERIA, AND FOR THE APPOINTMENT OF DISTRICT JUDGES AND OF OTHER COURT OFFICERS, AND FOR OTHER PURPOSES RELATING TO THE ADMINISTRATION OF CIVIL JUSTICE.
30th September, 1960
PART I – PRELIMINARY
“action” means a civil proceeding commenced by summons or in such other manner as may be prescribed by rules of court made under this Law but does not include a criminal proceeding;
“Attorney-General” means the Attorney-General of Northern Nigeria;
“Cause” includes any action, suit or other original proceeding between a plaintiff and a defendant, but does not include any criminal proceeding;
“Chief Justice” means the Chief Justice of Northern Nigeria;
“Civil Proceedings” means all civil actions triable by a District Judge and all proceedings in relation to the making of an order for the payment of a sum of money, or for the doing or abstaining from doing of any act or thing not enforceable by fine or imprisonment in the first instance;
“Court” means the court of a District Judge established under the provisions of this Law;
“Court of further appeal” means the Supreme Court;
“Defendant” includes every person served with any summons or process, or served with notice of, or entitled to attend, any proceedings in a civil cause;
“District” means any district which may be constituted under the provisions of this Law;
“First class chief” means a chief duly graded as first class under the provisions of the Chiefs (Appointment and Deposition) Law;
“Judgment debtor” includes every person ordered by a judgment or order in a civil cause to pay money or to do or abstain from doing an act;
“Native law and custom” includes Moslem law;
“Part of the Federation” means any one of the areas known as Northern Nigeria, and the Federal Territory of Lagos;
“Plaintiff” includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether summons, petition or otherwise;
“Registrar” means a registrar appointed under the provisions of this Law and shall include a deputy registrar;
“Second class chief” means a chief duly graded as second class under the provisions of the chiefs (Appointment and Deposition) Law;
“Suit” includes action, and means a civil proceeding commenced by summons or in such other manner as nay be prescribed by rules of court, but does not include a criminal proceeding;
“Written Law” has the same meaning as in the interpretation law, but in addition shall include the Constitution of the Federation and the Constitution of Northern Nigeria.
PART II – ESTABLISHMENT OF DISTRICT COURTS
Power to divide Northern Nigeria into districts.
(a) Divide Northern Nigeria, or any portion thereof, into districts for the purposes of this law;
(b) Constitute any part of Northern Nigeria a district for the purposes of this Law;
(c) Distinguish such districts by such names or numbers as he may think proper; and
(d) Very the limits of any such district
Establishment of District Courts
Jurisdiction of District Courts
(2) No District Judge shall exercise any jurisdiction and powers in excess of those conferred upon him by this appointment.
Two or more District Judges in District
PART III ____OFFICERS OF THE COURT
Appointment of District Judges.
Territorial jurisdiction of District Judges
(2) A Senior District Judge may be assigned by the Chief Justice to a specified district and in addition, to a group of districts of which such specified district forms part.
Duties of a Senior District Judge.
(2) Notwithstanding the provisions of subsection (1) of section 8, a Senior District Judge who is assigned to a group of districts may direct a District Judge in one district within the group to assist another District Judge in another district within the group, and may direct to the best advantage the movements of any additional District Judge within the group, who is assigned to assist in the disposal of arrears of cases.
Procedure when District Judge personally interested in case before him
Control of registrar.
Duties of registrar.
PART IV – JURISDICTION OF THE COURTS
Jurisdiction of Senior District Judge
(a) In all personal suits, whether arising from contract, or from tort, or from both, where the debt or damage claimed, whether as balance claimed or otherwise, is not more than five hundred pounds;
(b) In all suits between landlord and tenant for possession of any lands or houses claimed under agreements or refused to be delivered up, where the annual value or rent does not exceed five hundred pounds;
(c) In all actions for the recovery of any penalty, rates, expenses, contribution or other like demand which is recoverable by virtue of any written law for the time being in force, if-
(i) It is not expressly provided by that or any other written law that the demand shall be recoverable only in some other court; and
(ii) The amount claimed in the action does not exceed five hundred pounds:
Provided that for the purposes of this paragraph the expression “penalty” shall not include a fine to which any person is liable on conviction for a criminal offence;
(d) In all civil proceedings in respect of which jurisdiction has been conferred upon a District Court by the Land Tenure Law where the amount claimed or the capital value of the be, does not exceed five hundred pounds;
(e) In any civil proceedings in respect of which jurisdiction has been conferred upon a District Court by any other written law or which by virtue of any other written law may be instituted in a District Court where the amount claimed or the value of the subject matter of the proceedings, as the case may be, does not exceed five hundred pounds;
(f) To appoint guardians ad litem and to make such orders and to issue and give directions relating thereto;
(g) To grant in any suit instituted in the courts injunctions or orders to say waste or alienation or for the detention and preservation of any property the subject of such suit, or to restrain breaches of contracts or torts.
(2) (a) Subject to the provisions of paragraph (d) of subsection (1) and of any other written law a Senior District Judge shall not exercise original jurisdiction in any suit or matter which:-
(i) raises any issue as to the title to land, or to any interest in land;
(ii) raises any issue as to the validity of any devise, bequest or limitation under any will or settlement;
(iii) i s subject to the jurisdiction of a native court relating to marriage, family status, guardianship of children, inheritance or disposition of property on death.
(b) The provisions of paragraph (a) shall have effect except:-
(i) in so far as the Governor may be order in council otherwise direct;
(ii) in suits transferred to the court of a District Judge under the provisions of the Native Courts Law.
Jurisdiction of District Judges of the first, second and third grades.
Jurisdiction of District Judge where there is set-off.
Special jurisdiction in certain cases.
Power of Governor to increase jurisdiction of District Judge
(2) An order by the Governor under subsection (1) authorizing an increased jurisdiction in civil matters to be exercised by any District Judge shall specify the maximum sum which is to replace the maximum sums mentioned in section 13, 14 and 15, and on such order being made the jurisdiction of such District Judge under sections 13, 14 or 15, as the case may be, shall be deemed to be increased by the substitution of the maximum sum so specified at each of the places where a particular sum is mentioned in the said section.
General Powers of District Judge.
Acts of District Judge not affected by error as to venue.
(2) If the defendant in any civil cause or matter wherein any object as to venue might but for this enactment be of force, shall at or before, but not after, the time when he is required to state his answer or to plead in such cause or matter before the court allege specially any such objections is valid the court shall report such cause or matter to a judge of the High Court who shall be heard and determined, and such order shall be subject to appeal.
District Judge to have process of High Court executed.
Proceedings by or against officer of the court.
Administration of oaths
(2) Any such oath may also be administered by the registrar or other officer of the court under the direction and in the presence of the District Judge:
Provided that an oath shall only be administered to a Moslem by a Moslem.
Application of English Law.
(a) The common law;
(b) The doctrines of equity; and
(c) The statutes of general application which were in force in England of the 1st day of January, 1900,
Shall, in so far as they relate to any matter with respect to which the Legislature of Northern Nigeria is for the time being competent to make laws, be in force within the jurisdiction of the courts constituted by this Law.
Law and equity to be concurrently administered, but equity to prevail in certain cases.
(2) A District Judge in the exercise of the jurisdiction vested in him by this Law shall have power to grant, and shall grant, either absolutely or on such reasonable terms and conditions as shall seem fit, all such remedies or relief whatsoever, interlocutory or final, as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim or defence properly brought forward by them respectively, or which shall appear in such cause or matter ; so that as far as possible all maters in controversy between the said parries respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
(3) in all causes or matters in which there is any conflict of variance between the rules of equity and rules of common law with reference to the same subject the rules of equity shall prevail
Application of native laws and customs
(2) Such laws and customs shall be deemed applicable in causes and matters where the parties thereto are natives, and also in causes and matters between natives and non-natives where it may appear to the court that substantial injustice would be done to either party by a strict adherence to the rules of English Law.
(3) No party shall be entitled to claim the benefit of any native law or custom, if it shall appear either from express contract or from the nature of the transactions out of which any suit or question may have arisen, that the party agreed that his obligations in connection with such transactions should be regulated exclusively by English law or that such transactions are transactions unknown to native law and custom.
(4) In cases where no express rule in applicable to any matter in controversy, the court shall be governed by the principles of natural justice, equity and good conscience.
Courts to promote reconciliation
Pending civil cases
Credit of Natives
Credit to natives.
Transfer between District Judges in same district.
(2) Notwithstanding the provisions of subsection (1), no cause or matter which has been specifically transferred by the High Court for inquiry or trial by a particular District Judge shall again be transferred without leave of the Chief Justice.
District Judges may report causes for transfer
Transfer to native court
Restriction on transfer
(a) Any matrimonial cause arising out of or in connection with a monogamous marriage; or
(b) A cause or matter which has been transferred to his court by the High Court.
(2) A District Judge shall not save by leave of a judge of the High Court retransfer to a native court a cause or matter which has been transferred to a District Court by an administrative officer in accordance with the provisions of the Native Courts Law.
Transfer to cause by judge of the High Court.
(2) The power of transfer shall be exercised by means of an order under the hand of a judge of the High Court, and may apply either to any particular cause or matter either entirely or in respect of any part thereof or procedure required to be taken therein, or generally to all such causes may extend to future causes or matters as well as to such as may at the time of making such orders be in dependence.
(3) A judge of the High Court may at all times cancel, alter, add to or amend any such order.
(4) A judge of the High Court may if it appears expedient, telegraph in the first instance the contents of any such order made by him, and such telegram shall, until receipt of the said order, have the same validity and effect as if it were the said order.
Effect to order of transfer
No appeal from order t Credit to natives.
PART V – SITTINGS OF THE COURT
Fixing of times and places for sitting of court.
Adjournment of the court
(2) If the District Judge is not present at the time and place appointed for any sitting of the court, an officer of the court or any other person authorized in that behalf by the District Judge may, by public notice written or oral, adjourn the sitting until such time and to such place as may have been communicated to him by the District Judge and, in the absence of any such communication, to such time and to such place as may be convenient; and all persons bound to be present at the sitting so adjourned shall be equally bound to be present at the time and place appointed by such notice.
(3) In the absence of any such notice and of any notification to the contrary, all such persons shall be bound to be present at the next succeeding time appointed as aforesaid or otherwise for the sitting of the court in the same place.
(4) In all cases of adjournment a District Judge may summon the parties to appear before the court before the expiration of the period to which the case was adjourned.
Adjournment over Sunday or holiday.
Change of place of hearing
(a) The defendant or any one of the defendants resides or carries on his business at the time of commencing the action; or
(b) The cause of action or claim arose, wholly or in part; or
(c) The subject matter of the action is located.
(2) In any case where, under the provisions of section 30 or section 33, an order has been made for transfer of any proceedings from the court in which they were instituted or commenced to any other court, such last-mentioned court shall, notwithstanding anything contained in subsection (1) of this section, have jurisdiction to hear and determine those proceedings.
PART VI – PRACTICE AND PROCEDURE OF THE COURT
Practice and procedure
(2) The practice and procedure of a District Court where any claim is made to any immovable property taken in execution under the process of the court shall be as prescribed in any written law relating thereto.
Completion by District Judges of process begun by predecessor
(2) A judgment of the Supreme Court or of any court which is one may be established within any part of the Federation of Nigeria in favour of any party to any cause or matter before that court may in respect of the same subject-matter be pleaded as a defend to any proceedings commenced in any District Court in Northern Nigeria by the unsuccessful party to such cause or matter.
Process of District Judges valid.
Process of District Judge valid
Provided that the functions conferred by this section upon members of the Nigeria Police Force shall not be exercisable by them unless and until the President shall have given his consent to the exercise of those functions by them.
Issue of process
(2) Every summons or other process in a civil proceeding shall be signed either by a District Judge or, if the District Judge shall so direct, by the registrar of the District Court.
Determination by District Judge
District Judge to be sole judge.
District Judge to keep notes of evidence and minutes of proceedings.
(a) Of any question of law or equity raised at the hearing; and
(b) Of any legal submission made, together with any authorities quoted in support of the same; and
(c) Of the purport of all oral evidence given before the court; and
(d) Of his decision thereon and of his determination of the proceedings, and such notes shall be signed by the District Judge at the conclusion of each day’s proceedings.
(2) Where such a note has been taken, the District Judge or, if the District Judge shall so direct, the registrar, shall, whether notice of appeal has been given or not, on the application of any party to the proceedings, and on payment by that party of such fees as may be prescribed, furnish him with a copy of the note, and shall sign the copy, and the copy so signed shall be admitted as evidence of such proceedings and of the statements made by the witnesses.
Examination of witnesses.
Powers of District Judge to refer to arbitration
(2) No such reference shall be revocable by any party except
Examination of witnesses
(3) On any such reference the award of the arbitrator, arbitrators or umpires shall be entered as the judgment in the proceedings and shall be binding and effectual as if given by the District Judge.
(4) Nothwithstanding the provisions of subsection (3), the District Judge may, if he thinks fit, on application made to him at the first convenient court held after the expiration of one week after the entry of the award, set aside the award, or may, with the consent of the parties, revoke the reference or direct another reference to be made in the manner aforesaid.
(5) In this section the expression “award” includes an interim award.
Powers of District Judge to refer to referee.
(a) Any civil proceeding which requires any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the District Judge, conveniently be made before him;
(b) Any civil proceeding where the question in dispute consists wholly or in part of matters of account;
(c) With the consent of the parties in respect of any other matter arising out of the civil proceeding before him in which, for reasons to be recorded by him, he is satisfied that it is proper so to do.
(2) Where any civil proceeding or question is referred as aforesaid, the District Judge may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgement or make such order in the proceeding as may be just.
(3) The District Judge may refer to the registrar any mere matter of account which is in dispute between the parties in civil proceedings and when the District Judge reaches judgment he may use the report presented to him by the registrar as if such report were facts found by him in the course of the trial.
(4) Subject to any order to be made by the court ordering the inquiry, evidence shall be taken at any inquiry before a referee or the registrar, and every such inquiry shall be conducted in the same manner as nearly as circumstances will admit as trials before a court, but not so as to make the tribunal of the referee or registrar a public court of justice.
(5) For the purposes of an inquiry under this section the referee or the registrar shall have power to issue summonses to enforce the attendance of witnesses and compel the production of documents’ and if any such summons is disobeyed or if a witness so summoned refuses to answer questions or give evidence the referee or the registrar shall report the matter to the District Judge concerned who may take any action as he may deem necessary as if any such summons had issued from his court or as if such witness had refused to answer questions or give evidence in his court.
Service of summons to witnesses.
Forfeiture for neglecting witness summons
(a) Refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or
(b) Refuses to be sworn or make an affirmation or give evidence, shall forfeit such sum not exceeding twenty pounds as the District Judge may direct.
(2) Notwithstanding the provisions of subsection (1), no person so summoned shall forfeit a sum as a foresaid unless there has been paid or tendered to him at the time of the service of the summons such amount in respect of his expenses, including such compensation for loss of time, as may be prescribed for the purposes of this section.
(3) Any person present in court who is required to give evidence but refuses without sufficient cause to be sworn or make and affirmation or to give evidence shall forfeit such a sum as aforesaid
(4) The District Judge may in his discretion direct that the whole or any part of any such sum, after deducting the costs shall or applicable toward indemnifying the party injured by the refusal or neglect.
Evidence of prisoners.
(2) The prisoner mentioned in any such order shall be brought before the court under the same custody, and shall be dealt within the same manner in all respect as a prisoner required by warrant to be brought before the High Court and examined therein as a witness.
(3) The person having the custody of the prisoner shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officer and of the prisoner in going to, remaining at and returning from the court.
Apprehension of absconding defendant and procedure thereon.
(2) The defendant shall, on his arrest, be brought as soon as practicable before a District Judge and, subject to the provisions of section 56, the action shall then be heard and determined and all proceedings consequent thereon be immediately taken, or the District Judge may, if he thinks fit, adjourn the hearing for a reasonable time, whereupon he may liberate the defendant in either of the following cases, but not otherwise, that is to say:-
(a) if the defendant deposits with the District Judge by way of security, a sum equivalent to the sum claimed, and the costs of the section and otherwise; or
(b) if the defendant gives security to the plaintiff by bond of the defendant and one sufficient surety, to be approved by a District Judge, in a penalty double the sum claimed and costs, conditioned for the defendant’s appearance at the hearing; and the bond shall remain in the custody of the registrar.
(3) If an adjournment is made and the defendant fails to make the deposit or to give the security aforesaid, then the District Judge may commit him to prison for safe custody until the action is finally heard and determined:-
(a) No such commitment shall be fore a term exceeding seven days, but without prejudice to the power of the District Judge to remand the defendant from time to time, save that no such imprisonment shall exceed one month; and
(b) Upon the final adjudication of the action the District Judge shall order the liberation of the defendant if he is then in custody.
(4) If judgement is given for the Plaintiff at the hearing, the District Judge may pay to the Plaintiff out of the sum, if any, deposited as security by the defendant, the amount of the debt and costs and shall repay the surplus, if any, to the defendant.
(5) If a bond be given as aforesaid and the defendant does not appear at the hearing, then, if judgement is given for the plaintiff execution may be levied on the bond to recover the amount of the judgment and costs awarded by the District Judge.
(6) Notwithstanding the provisions of subsection (5), if the defendant appears at the hearing of the action, the District Judge shall in such case, when Judgment has been given, cancel the bond and deliver it up to the defendant.
Defendant may be freed by nearest District Judges if arrested outside of jurisdiction.
(2) The District Judge by whom the defendant has been liberated shall cause the deposit made or the bond entered into by the defendant to be sent with all convenient dispatch to the District Court which has jurisdiction to hear and determine the cause.
Interim Attachment of Property
Interim attachment of property
(2) When the party who began has closed his case, his opponent shall, provided there is any case to meet, announce whether he intends to adduce evidence or not; and if he announces that he does not intend to call evidence the party beginning shall be entitled to address the court for a second time, for the purpose of summing up his evidence, and his opponent shall have a right of reply.
(3) When the party beginning has concluded his case, if the opponent decides to call witnesses, he shall be at liberty in his turn, to open his case, call his witnesses and sum up and comment not only on his own evidence but on the whole case.
(4) If the party opposed to the party who begins adduces evidence, the party beginning shall be at liberty to reply generally on the whole case.
Giving of judgment on conclusion of hearing.
(a) Either at the same or at a subsequent sitting deliver judgment in the cause and formal judgment shall be entered in the appropriate form; and
(b) If so required by the plaintiff or defendant and on payment of the prescribed fee, cause to be delivered to the plaintiff or defendant, as the case be, a certified copy of the judgment so delivered.
Judgment in action for recovery of chattel.
What orders may be made
Decree to be obeyed without demand.
Payment and suspension of judgments and orders.
(a) In one sum, whether forthwith or within such period as the court may fix; or
(b) By such instalments payable at such times as the court may fix
(2) If at any time it appears to the satisfaction of the District Judge that any party to any proceedings is unable from any cause to pay any sum recovered against him, whether by way of satisfaction of the claim or counter-claim in the proceedings or by way of costs or otherwise, or any instalment thereof, the District Judge may, in his discretion, suspend or stay any judgment or order given or made in the proceedings for such time and on such terms as the District Judge thinks fit, and so from time to time until it appears that the cause of inability has ceased.
Execution and power to stay execution.
(2) If at any time it appears to the satisfaction of the District Judge that any party to any proceedings is unable from any cause to pay any sum recovered against him, whether by way or satisfaction of the claim or counter-claim in the proceedings or by way of costs or otherwise, or any installment thereof, the District Judge may in his discretion, stay any execution issued in the proceedings for such time and on such terms as the District Judge thinks fit, and so from time to time until it appears that the cause of inability has ceased.
Finality of Judgment
Apportionment and payment of costs.
(2) Execution may issue for the recovery of any such fees and costs in like manner as for the amount of any judgment obtained in the said court.
(3) The court shall have power to refuse costs in whole or in part of either party.
Setting aside of Judgment and New Trial
Setting aside of judgment given in absence of party.
Relisting of causes struck out.
Unclaimed Money in Court
Suitors money unclaimed for six years to be forfeited and go to general revenue.
(2) A copy of such list shall be put up and remain during court hours in some conspicuous part of the most convenient court house within the relevant district.
(3) All sums of money which shall have been paid into any such court to the use of any suitors thereof and which shall have remained unclaimed for a period of six years on the 1st day of January next after the said list shall have been put up as aforesaid shall be accounted for by the registrar to the Accountant-General of Northern Nigeria and all such moneys which shall have remained so unclaimed shall be transferred by the Accountant-General of Northern Nigeria to the credit of the general revenue.
Entries of copies intended to be admissible as evidence.
PART VII – APPEALS
Right of appeal from decision and judgment of District judge.
Appeal not to operate as stay of execution.
Right of appeal
(a) Is given in respect of a sum of ten pounds and upwards; or
(b) Determines directly or indirectly a claim or question respecting money, goods or other property or any civil right or other matter of the amount or to the value of ten pounds and upwards, and person aggrieved may, subject to such conditions as may be prescribed, appeal there from to the High Court.
(2) Where in any civil proceedings a decision, judgment or order of a District judge:-
(a) is given in respect of a sum of less than ten pounds; or
(b) determines directly or indirectly a claim or question respecting money, goods or other property or any civil right or other matter of the amount or to the value of less than ten pounds,
any person aggrieved may with the leave of the High Court appeal there from to the High Court.
Procedure on appeal from ex parte order
Procedure on Appeal
Hearing and Judgment
Mode of taking additional evidence
(2) Unless the High Court otherwise directs, the appellant or the legal practitioner representing him shall be present when the additional evidence is taken.
(3) Evidence taken in pursuance of such direction shall be taken as if it were evidence taken at the trial before the District Court.
(4) when forwarding to the High Court any additional evidence taken in pursuance of such direction the District Judge may express his opinion on the demean our of the witnesses and of the value of their evidence and may also, if he is the District Judge against whose decision the appeal has been made, state whether or not he would have come to a different decision and the additional evidence been brought forward at the trial.
Enforcing of judgment
Reservation of question of law for opinion of High Court
Power to make rules of court
PART VIII – MISCELLENOUS PROVISIONS
Fees and cots
(2) In the absence of the registrar or in the event of there being no registrar or other person appointed to receive such fees and costs, such fees and costs may be demanded and received by the District Judge.
By whom fees payable
(2) Notwithstanding the provisions of subsection (1), no fees shall be payable in any case instituted by a public officer when acting in his official capacity or in any case in which the District Judge endorses on the plaint his authority for the remission of fees on account of the poverty of the party or for any other sufficient reason, and in every such case such fees and costs shall, in the discretion of the District Judge, be recoverable from the other party if the decision be given against him.
All fees and moneys received in court to be subject to the foregoing provisions.
Protection of District Judges and Officers of District Courts
Protection of judicial officers.
(2) No person required or bound to execute any warrant or order issued by a District Judge shall be liable in any action for damages in respect of the execution of such warrant or order unless it be proved that he executed either in an unlawful manner.
Representation of Parties
Right of appearance of legal practitioners
Representation of the state and Government departments.
(2) Nothing contained in this section shall be constructed so as to restrict the right of any law officer or state counsel of any part of the Federation to appear in any case in which he has been instructed to appear in any court in Northern Nigeria in which counsel may appear and no objection to his appearance may be taken or entertained in any court on any ground based solely on the provisions of this section.
Award costs Public represent by law officer.
(a) To or against such public officer personally; or
(b) To or against the Government of Northern Nigeria.
Representation of native authority.
Representation of first and second class chief
PART IX – RULES OF COURT
Rules of court.
(a) Regulating the practice and procedure of District Courts in civil proceedings in respect of which no specific provision is made in this Law or any other written law;
(b) Regulating the practice and procedure in appeals to the High Court from District Courts;
(c) Regulating the books and forms to be used, and all matters connected therewith, in such civil proceedings and appeals and fees payable in respect of such proceedings and appeals;
(d) The reference of civil proceedings to arbitration and all matters relating and incidental thereto, including the remuneration and fees of arbitrators and referees;
(e) The form in which civil proceedings and arbitrations arising there from are to be recorded;
(f) The preservation and destruction of records of civil proceedings;
(g) The costs, fees and amounts which may lawfully be demanded and received in respect of the service of process relating to civil proceedings;
(h) The acceptance, retention and disposal of fees and costs in civil proceedings;
(i) The receipt of moneys paid into District Courts, and moneys received or recovered under or by virtue of any process, execution or distress;
(j) The payment out of District Courts of all moneys to persons entitled to receive the same;
(k) The fees payable in respect of the inspection and copying of records of civil proceedings and documents and other matters relating to such records;
(l) The fixing of scales of fees and costs recoverable in respect of the appearance and services of legal practitioners in civil proceedings and the taxation of the same;
(m) The waiving and remission of fees payable by poor persons and the admission of persons to sue as paupers;
(n) The service and execution of any writ, summons, warrant, order or other process issuing out of or transmitted by a native court to a District Court; the conditions precedent to such service or execution either in respect of such process generally or in respect of any specified class of process; the procedure to be followed after the service or execution of such process, and the payment of allowances to persons affecting such service or execution;
(o) The imposition of penalties on any person who fails to take any action required by a rule of court or who disobeys any rule of courts; and
(p) Generally for the better carrying into effect of the provisions and objects and intentions of this Law.
(2) Rules of court made under this section shall apply to all proceedings by or against the state.
PART X – TRANSITIONAL PROVISIONS
Saving of pending proceedings.
Savings as to causes transferred from native courts.
Savings as to part-heard causes.
Meaning of “part-heard”