THE LAGOS STATE MAGISTRATES’ COURTS (CIVIL PROCEDURE) RULES

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THE LAGOS STATE MAGISTRATES’ COURTS (CIVIL PROCEDURE) RULES

[F. & L. 1958, VIII 1265. L.N. 7 of 1962. L.N. 66 of 1964. (s. 75). 1st November, 1956.]

THE MAGISTRATES’ COURTS (CIVIL PROCEDURE) RULES ARRANGEMENT OF RULES

  1. Citation and Interpretation.
  2. Commencement of Proceedings.
  3. Ordinary Summonses. Particulars. Defence. Counterclaim. Admission.
  4. Default Summonses.
  5. Parties. PART 1—Generally. PART 2—Persons under Disability. PART 3—Change of parties. 6. Service. 7. Transfer and Case Stated.
  6. Third Party Procedure.
  7. Amendment.
  8. Application and Directions in the Course of Proceedings.
  9. Consolidation or Proceedings and Selected Actions.
  10. Discontinuance by Plaintiff. 13. Reference for Inquiry and Report.
  11. Payment into Court in Action.
  12. Evidence. Witnesses.
  13. Affidavits and Documentary Evidence.
  14. Hearing.
  15. Judgments and Orders.
  16. Fees—Costs—Security for Costs. 20. Receivers.
  17. Miscellaneous.
  18. Custody of Money.

ORDER 1—CITATION AND INTERPRETATION [Order 1.]

  1. Citation

These rules may be cited as the Magistrates’ Courts (Civil Procedure) Rules.

  1. Interpretation

In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

“address for service”‖ means the address of a place where any document may be left for, or sent by post to, the party giving the address;

“Lagos”‖ means the Lagos State;

“magistrate’s court”‖ or “court”‖ means a magistrate’s court established by the Magistrate’s Courts Law;

“process”‖ includes any summons to appear and answer a claim, any order made by the court and any other document or notice required, for any purpose connected with the court, to be served on any person;

“registry”‖ means the court office occupied by the registrar and other officers of the court.

ORDER 2—COMMENCEMENT OF PROCEEDINGS

[Order 2.]

  1. Action that may be commenced in Lagos

(1)     Except where by any Law or rule it is otherwise provided, an action may be commenced by plaint in a magistrate’s court—

(a)     if the defendant or one of the defendants resides or carries on business in Lagos; or

(b)     subject to the succeeding paragraph of this rule, if the cause of action arose wholly or in part in Lagos.

(2)     Where the plaintiff sues as assignee of a debt or other thing in action, the action may be commenced in Lagos if the assignor might have commenced it in Lagos but for the assignment.

  1. Originating applications that may be commenced in Lagos

Subject to any Law or rule, an originating application may be commenced in the magistrate’s court—

(1) (a) if the respondent or one of the respondents resides or carries on business in Lagos; or

(b)     the subject-matter of the application is situate in Lagos; or

(2)     where no respondent is named in the application if the applicant or one of the applicants resides or carries on business in Lagos.

  1. Proceedings by infant, etc.

(1) Where—

(a)     an infant desires to commence proceedings (other than an action in his own name for wages) or is a claimant in interpleader proceedings; or

(b)     proceedings are to be commenced or a claim made in interpleader proceedings on behalf of a person of unsound mind not adjudged a lunatic; the proceedings or claim shall be in the name of the infant or person of unsound mind, by his next friend.

(2)     The next friend shall—

(a)     before the proceedings are commenced; or

(b)     (in the case of interpleader proceedings) before the claimant’s particulars of claim are accepted by the registrar; deliver to the registrar an undertaking in Form 5 in Appendix 1 to these rules, attested by a commissioner for affidavits appointed by the Chief Justice or by a legal practitioner.

[Form 5.]

(3)     On giving the undertaking the next friend shall be liable for costs in the same manner and to the same extent as if he were himself a plaintiff, and, if the proceedings fail or are discontinued, an order for payment of costs may be made against the next friend whether an order for costs is or is not made against the infant, and proceedings may be taken on the order for the recovery of the costs as for the recovery of any amount payable under a judgment.

  1. Where court may appoint next friend (1) Where proceedings in which a next friend is required are commenced without a next friend the court may—

(a)     on the application of any party appoint as next friend any person who consents to act and gives an undertaking in Form 5; or

(b)     order the proceedings to be struck out.

(2)     Where a next friend is appointed under the last preceding paragraph, rule 3 (3) of this Order shall apply.

  1. What proceedings are by action Subject to the provisions of any Law or rule, all civil proceedings authorised to be brought in a magistrate’s court where the object of the proceedings is to obtain relief against any person or to compel any person to do or abstain from doing any act, shall be brought by action commenced by plaint.
  2. Civil proceedings to be commenced by plaint

(1)     Any person (hereinafter called ―the plaintiff‖) desirous of instituting civil proceedings by action commenced by plaint shall deliver to the registrar of the court for filing, a praecipe in the Form 1 in Appendix 1 together with the particulars of his claim. The particulars shall be signed by the plaintiff or, where the plaintiff sues by legal practitioner, by the legal practitioner, who shall also give the address at which he will accept service of documents on behalf of the plaintiff.

(2)     Where the plaintiff desires to abandon under section 54 of the Law the excess of his claim over N1,000, the abandonment of the excess shall be entered at the end of the particulars.

(3)     The plaintiff shall supply the registrar with as many copies of the particulars as there are defendants.

(4)     Where a plaintiff who enters a plaint, either alone or jointly with any other person, is ordinarily resident out of the jurisdiction of the court, or is only temporarily therein, he shall furnish an address for service in Lagos as required by paragraph 17 of Form 1 (praecipe for summons).

  1. Where plaint discloses no cause of action, etc.

(1)     The registrar shall refuse to enter a plaint where such plaint, on the face of it, discloses no cause of action, or is in respect of a matter not within the jurisdiction of the court, or where the a applicant unreasonably fails to supply any one or more of the statements required on Form 1. The registrar shall enter such refusal together with the grounds thereof in the Civil Cause Book.

(2)     Any person aggrieved with a decision under this rule may appeal against such decision as if it were an order of the court.

(3)     The refusal to entertain a plaint under this rule shall not by reason only of such  refusal preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. 8. Entry of plaint, etc. On the filing of the documents prescribed by rule 6 of this Order, the registrar shall (subject to the provisions of these rules as to giving security when required)—

(a)     enter a plaint in the Civil Cause Book kept for the purpose in his office, stating the names and places of residence or of business of the parties and the substance of the action intended to be brought;

(b)     number the plaint in every year in the order in which it is entered;

(c)     deliver to the plaintiff a plaint note in Form 3 or 4 in the Appendix 1 (according to the nature of the summons);

(d)     prepare an ordinary summons or a default summons, as the case may be.

[Order 3 and 4.]

  1. Causes of action may be joined

(1)     A plaintiff may unite in the same plaint several causes of action, but the court, if it thinks that such causes action or some of them cannot be conveniently tried together, may order separate trials.

(2)     Where a plaintiff seeks to obtain payment or relief upon more than one cause of action, he shall in his particulars, state the grounds of each cause of action separately, and shall also state separately the payment or relief which he claims in respect of each.

  1. Loss of plaint note In the event of any plaint note being lost or destroyed a duplicate thereof may be issued from time to time upon application to the magistrate supported by affidavit.

[Order 2.]

  1. Originating applications

(1)     Any proceedings authorised to be commenced in the court and not required by any Law or rule to be commenced otherwise, may be commenced by originating application and shall be referred to as a “matter”‖.

(2)     The following provisions shall apply to originating applications—

[Form 1A.]

(a)     an originating application shall be in writing and shall state the order applied for and sufficient particulars to show the grounds on which the applicant claims to be entitled to the order and the names and addresses of the persons (if any) intended to be served (in this rule called ―respondents‖) or a statement that no person is intended to be served, and the applicant’s address for service;

(b)     the applicant shall deliver the application to the registrar for filing together with as many copies as there are respondents;

(c)     on the filing of the application—

[Form 2.]

(i)      the registrar shall enter the application in the Civil Cause Book, and fix a day for the hearing of the application, and deliver to the applicant a plaint note in Form 3 in Appendix 1; and

[Form 3.]

(ii)     a copy of the application and a notice in Form 10 shall be served on each respondent (if any) in the manner prescribed by these rules for service of an ordinary summons.

[Form 10.]

ORDER 3—ORDINARY SUMMONSES, PARTICULARS, DEFENCE, COUNTERCLAIM, ADMISSION

[Order 3.]

  1. Summons to issue

After a plaint has been entered, the magistrate or (if the magistrate so directs) the registrar shall issue an ordinary summons directed to the defendant unless a default summons has been applied for. An ordinary summons shall be in Form 6 of Appendix 1 to these rules and the registrar shall annex thereto Form 6A.

[Form 6. Form 6A.]

A copy of the particulars (if any) shall also be annexed to every summons before service.

  1. Court to fix time for appearance of defendant

Subject to the provisions of section 29 of the Law, and of Order 6 rule 3 (5) of these rules, the registrar shall, where an ordinary summons is issued, fix the date for the defendant to appear in court to answer the plaint:

Provided that such date shall be not less than seven days after the date of service of the summons: Provided further that the period of seven days may be shortened if the defendant consents.

  1. Service not effected within; power to extend

In case an ordinary summons issued for the commencement of a cause or matter is not served within a year from the date thereof, the same shall become void; but the court may, on application made at any time before such a summons becomes void, from time to time renew the same for a further period not exceeding six months at any one time.

  1. Further particulars

(1)     If defendant requires further particulars, he or his legal practitioner may within six days of the service of the summons on him file a notice (together with a copy  thereof) specifying what further particulars he requires and request the registrar to cause such copy to be served forthwith on the plaintiff or his legal practitioner. Such a notice shall give defendant’s or his legal practitioner’s address for service in Lagos.

(2)     The plaintiff or his legal practitioner shall, within two days of the service of the notice for further particulars, file the further particulars together with a copy thereof, and request the registrar to cause such copy to be served forthwith on the defendant or his legal practitioner as the case may be at the address for service given in accordance with the provisions of the last preceding paragraph.

(3)     If the notice is not complied with, the court before or at the trial, if satisfied that the defendant is thereby prejudiced in his defence, may—

(a)     order further particulars to be filed and served; and

(b)     stay all proceedings until the order has been obeyed, and order the action to be dismissed unless the order is obeyed within such further time as the court may allow.

(4)     This rule shall apply to a counterclaim as it applies to an action, with the necessary modifications. 5. Counter claims. Special defence

(1)     Where a defendant on whom an ordinary summons has been served intends to set up a counterclaim or set-off or a special defence, he shall within six days of the service of the summons on him file with the registrar for service on the plaintiff the counterclaim or special defence for which the form annexed to the summons may be used.

Such counterclaim or special defence shall be accompanied by a copy thereof, and the registrar shall cause the copy to be served on the plaintiff.

(2)     Where a defendant has set up a counterclaim or set-off or a special defence after the period of six days prescribed above, the court may, if satisfied that the plaintiff has thereby been prejudiced, adjourn the hearing and order the defendant to pay the costs properly incurred in consequence of his delay.

  1. Counterclaim against person other than plaintiff

Where the defendant desires to set up a counterclaim against a plaintiff and some other person, he may apply to the court for an order that the other person be added as a defendant to the counterclaim, and the court may make an order accordingly, and may give all such directions as may be necessary to enable the questions at issue between all the parties to be determined at the trial of the action.

  1. Admission and request for time

(1)     A defendant who has been served with an ordinary summons and who admits his liability for the whole or part of any claim but desires time for payment, shall, within six days of the service of the summons on him, deliver to the registrar an admission for which the form appended to the summons may be used. [Form 6A.]

(2)     The registrar shall upon the receipt by him of the admission send notice thereof to the plaintiff in Form 6B.

[Form 6B.]

(3)     If the plaintiff elects to accept the amount admitted in satisfaction of his claim and the proposal as to time of payment, he shall send notice of acceptance to the registrar within three days of the receipt of the notice of admission, and judgment shall be entered as soon as practicable. The magistrate shall record the admission and acceptance and shall direct entry in the Civil Cause Book. No order need be drawn up.

(4)     If the plaintiff does not elect to accept the amount admitted and the proposal as to time of payment, he shall within three days of the receipt of the notice of admission send notice of non-acceptance to the registrar and the latter shall send notice of non-acceptance to the defendant, and the action shall then be dealt with on the return day in the ordinary way.

(5)     If a defendant or plaintiff fails to deliver an admission or a notice of acceptance within the time limited by paragraph (1) or paragraph (3) of this rule, he may nevertheless deliver an admission or a notice of acceptance at any time before the return day, and if time permits, the procedure prescribed in paragraphs (2), (3) and (4) of this rule shall be followed, but the court may order him to pay any costs properly incurred in consequence of his delay.

(6)     The delivery by a defendant of an admission containing a proposal as to time of payment shall not relieve him from the obligation imposed by the summons to appear in court on the return day, unless before that day judgment has been entered in accordance with paragraph (3) of this rule.

  1. Tender

Where the defence is tender before action, the defendant shall pay into court at the time of delivering the defence the amount alleged to have been tendered, and if he fails to do so, the tender shall not be available as a defence unless and until the payment into court has been made.

ORDER 4—DEFAULT SUMMONSES

  1. Application or issue of default summonses

In any action in a magistrate’s court for a debt or liquidated money demand (with or without interest) the plaintiff may apply for the issue of a summons in Form 7 in Appendix 1 (hereinafter called a default summons):

Provided that no default summons shall be issued—

(a)     against an infant or a person of unsound mind or a person adjudged a lunatic;  or

(b)     to recover money lent by a moneylender within the meaning of the Moneylenders Law, or interest on money so lent, or to enforce any agreement made or security taken in respect of money so lent; or

(c)     on behalf of an assignee of a debt or other thing in action; or

(d)     to recover money secured by a mortgage or charge; or

(e)     against a defendant who is, or is the wife of, an outdoor servant or a person engaged in manual labour; or

( f )    against a defendant who has to be served outside the jurisdiction.

  1. Affidavit in support When a plaintiff applies for the issue of a default summons he shall deliver to the registrar for filing an affidavit in Form 8 in Appendix I and shall supply the registrar with as many copies of the affidavit as there are defendants.
  2. Issue of default summons The magistrate or (if the magistrate so directs) the registrar shall issue a default summons and shall, before service, annex thereto Form 7A and a copy of the particulars (if any).
  3. Defence, request for time, etc.

(1)     A defendant in a default action who disputes his inability for the whole or part of any claim or desires time for payment or desires to set up a counterclaim, shall within ten days of the service of the summons on him, inclusive of the day of service, deliver to the registrar—

(a)     the form appended to the summons completed according to the circumstances of his case and stating the address for service and signed by him or by some person on his behalf; or

(b)      defence or an admission and a request for time for payment (in this Order called an admission) or a counterclaim otherwise than on the Form 7A, signed as aforesaid and accompanied by as many copies thereof as there are plaintiffs. Tender

(2)     Where the defence is tender before action, the provisions of Order 3 rule 8 shall apply.

  1. Judgment in default

(1)     If the defendant does not within ten days of the service of the summons on him, inclusive of the day of service, pay into court the total amount of the claim and costs or deliver at the registry of the court a defence or an admission or a counterclaim, the service being duly proved, the plaintiff may, upon filing a  praecipe in Form 9 and producing the plaint-note, have judgment entered against the defendant for the amount of the claim and costs, and the order shall be for payment forthwith, or at such time or times as the plaintiff may request:

Provided that if the defendant delivers at the court office a defence or an admission or a counterclaim after the said period of ten days has expired and before judgment has been entered, judgment shall not be entered under this paragraph but the procedure prescribed by rule 6 or rule 7 of this Order shall be followed.

(2)     A judgment in default under this rule for payment forthwith need not be drawn up or served, unless the judgment is for payment to the plaintiff or his legal practitioner, or unless the plaintiff has abandoned part of his claim. Entry of judgment shall be made the Civil Cause Book.

  1. Defence or counterclaim

If within the period of ten days prescribed by rule 4 of this Order, or before judgment has been entered, the defendant delivers at the registry of the court a defence not accompanied by an admission of any part of the claim or delivers a counterclaim, the registrar shall fix a day for the hearing of the action and shall give not less than five clear days’ notice thereof to the plaintiff and the defendant in Form 11, annexing to the notice given to the plaintiff a copy of the defence or counterclaim.

  1. Admission

(1)     If within the period of ten days prescribed by rule 4 of this Order, or before judgment has been entered, the defendant delivers at the registry of the court an admission of the whole or part of the plaintiff’s claim, not accompanied by a counterclaim, the registrar shall upon the receipt by him of the admission, send notice thereof to the plaintiff in Form 12, annexing a copy of the defence, if any, as to part of the claim.

(2)     If the plaintiff elects to accept the amount admitted in satisfaction of his claim and the proposal as to mode of payment, he shall, within five days of the receipt by him of the notice of admission, send notice of acceptance to the registrar, and judgment shall be entered accordingly as soon as practicable if the magistrate is satisfied that the admission bears defendant’s signature.

(3)     If the plaintiff does not elect to accept the amount admitted or the proposal as to mode of payment, he shall, within five days of the receipt by him of the notice of admission, send notice of non-acceptance to the registrar. Thereupon the registrar shall—

(a)     if the whole claim is admitted, fix a day (in these rules called the day fixed for  the disposal of the action) on which the action will be disposed of and the decision of the court will be given as to the date of payment or the instalments by which payment is to be made, and not less than five clear days’ notice of the day so fixed shall be given to the plaintiff in Form 12A and to the defendant in Form 13; or

(b)     if part only of the claim is admitted, fix a day for the hearing of the action and give not less than five clear days’ notice thereof to the plaintiff and the defendant in Form 11.

  1. Power to let in to defend If the magistrate is satisfied that the defendant when he delivered his admission intended to dispute the whole or any part of the claim or to set up a counterclaim, he may give the defendant leave to defend the action or to set up a counterclaim on such terms as to costs or otherwise as he thinks fit, and if he gives such leave, he shall fix a day for the trial of the action and give notice thereof to the plaintiff and defendant in Form 11.

[Order 4. Form 11.]

  1. Striking out after twelve months Where twelve months have expired from the date of service of a default summons, and—

(a)     no defence or admission or counterclaim has been delivered and judgment has not been entered against the defendant; or

(b)     an admission has been delivered but no notice of acceptance or non-acceptance has been received by the registrar, the action shall be struck out and no extension of time shall be granted beyond the twelve months.

  1. Exchange of default for ordinary summons

A default summons which has not been served may, at the request of the plaintiff, be exchanged without fee for an ordinary summons within twelve months of the issue of the default summons.

  1. Provisions common to ordinary and default actions

Rules 6 and 8 of Order 3 shall apply to an action in which a default summons has been issued as they apply to an action in which an ordinary summons has been issued.

  1. Interpretation

In this Order, unless the context otherwise requires¾

“admission”‖ and ”counterclaim”‖ mean respectively any document, which shows that the defendant desires to ask for time for payment of the amount of the claim and costs, or to set up a counterclaim.

ORDER 5—PARTIES

[Order 5.]

PART 1—GENERALLY

  1. Joinder of plaintiffs

(1)     All persons may be joined as plaintiffs in one action in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if they brought separate actions, any common question of law or fact would arise: Provided that if on the application of any defendant it appears that any joinder may embarrass or delay the trial, the court may order separate trials, or make such other order as it thinks fit.

(2)     Judgment may be given for any plaintiff for the relief to which he is entitled, without any amendment, but any defendant, though unsuccessful, may be awarded any extra costs caused by joining any person who is not found entitled to relief.

[Order 5.]

  1. Joinder of defendants

(1)     All persons may be joined as defendants in one action against whom the right to any relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate actions were brought any common question of law or fact would arise.

The plaintiff may at his option join as parties to the same action all or any one of the persons severally or jointly and severally liable on any one contract.

(2)     Judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities without any amendment.

(3)     Where two or more persons are made defendants, whether as jointly or as severally liable, the plaintiff may have judgment against any one or more of the defendants and may issue execution thereon, without prejudice to his right to proceed with the action against any other defendant.

(4)     It shall not be necessary that every defendant to an action shall be interested as to all the relief claimed, or as to every cause of action, but the court may make any order that may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he has no interest.

  1. Contribution

(1)     Where judgment is given against two or more defendants jointly and severally they shall be entitled to contribution among themselves and any defendant who satisfies the judgment may apply to the court by motion on notice for an order of contribution against any other or others of the defendants.

(2)     The provisions of this rule shall not affect the rights and liabilities between joint tortfeasors.

  1. Where plaintiff does not sue all persons jointly liable

(1)     Where plaintiff has a demand recoverable against two or more persons jointly liable, it shall be sufficient to serve any of these persons with process, and judgment may be obtained, and execution issued, against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.

[Order 5.]

(2)     Where judgment is obtained against any person as aforesaid and is satisfied by that person, he shall be entitled to recover in the court contribution from any other person jointly liable with him.

(3)     Where a plaintiff does not proceed against all of several persons jointly liable, every defendant sued may set up any defence or counterclaim which he would have been entitled to set up if all the persons liable had been made defendants.

  1. Partners

Where partners sue or are sued in the name of their firm, the partners may be ordered by the court, on application by any other party, to furnish a statement verified by affidavit of the names and addresses of the persons who were partners in the firm when the cause of action arose and, in default of compliance, the proceedings shall be stayed or the partners shall be debarred from defending the action, according as to whether they are plaintiffs or defendants.

  1. Representative proceedings

(1)     Where there are numerous persons having the same interest in one action, one or more of them may sue or be sued, or may be authorised by the court, before or at the trial, to defend, on behalf of all persons so interested.

(2)     Where a defendant desires to defend on behalf of numerous persons having the same interest, he shall, within five days of the service of the summons on him, file in the registry of the court an affidavit stating the facts on which he relies, and the names, addresses and occupations or, where appropriate, a collective description of the persons on behalf of whom he desires to defend, and serve on the plaintiff a copy of the affidavit together with notice of the defendant’s intention to apply to the court upon a day and at a time to be named therein for leave so to defend. If an order is made for a defendant so to defend—

[Form 56.]

(a)     the names or collective descriptions of the person to whom the order relates shall be added to the name of the defendant in the books of the court; and

(b)     notice shall be sent to the plaintiff in Form 58, and other persons affected by the order shall be notified in such manner, in Form 57 or otherwise, as the court may direct; and

(c)     any person whose name has been entered in the books of the court or who is included in the collective description may, at the trial, object to the defendant  defending on behalf of all or any of the persons to whom the order relates, and the court may, if it thinks fit, direct that the names of all or any of them be struck out from the books of the court or that the collective description be amended.

  1. Representative capacity to be stated The fact that the plaintiff sues, or any defendant is sued in a representative capacity, shall be expressed in the title of proceedings and books of the court.
  2. Misjoinder and nonjoinder

(1)     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 necessary in order to dispose finally 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: Provided that no person shall be added as a plaintiff without his consent in writing, or in the case of a person under disability without the consent in writing of the next friend or committee or other person acting on behalf of the person under disability.

(2)     No action shall be defeated by reason of the misjoinder or nonjoinder of parties.

PART 2—PERSONS UNDER DISABILITY

  1. Suits by infants and persons of unsound mind

An infant may sue by his next friend and may defend by his guardian ad litem. A person who has been adjudged a lunatic may sue and may defend by his committee, and if not so adjudged, may sue by his next friend and may defend by his guardian ad 1item.

  1. Court may appoint guardians ad litem to infant defendants and persons of unsound mind

(1)     Where it appears on the face of the proceedings that a defendant is an infant or a person of unsound mind so that he is unable of himself to defend the action, the magistrate may at any time after the service of the summons and not less than six clear days before the return day, on the application made to him on behalf of the infant or person of unsound mind, appoint by order some fit person to be guardian ad litem; provided that such guardian has consented in writing to act. The application shall be supported by an affidavit.

(2)     Where no application is made on behalf of the infant or person of unsound mind within the time specified in the last preceding paragraph, the registrar shall, on the sixth day before the return day, notify the plaintiff that he must apply to the magistrate for an order that some proper person be appointed guardian ad litem to the defendant and the plaintiff must comply with such notice before taking any further steps in the proceedings.

[Form 60. Order 5.]

The magistrate, on application being made, may appoint the person proposed by the plaintiff or any other proper person who is willing to act, or in default of any such person may appoint the registrar. Notice and service thereof

(3)     Before such an order is made the court shall cause such notice as it thinks reasonable to be served on, or left at the dwelling-house of the person with whom, or under whose care, the defendant is, and also, unless the court sees good reason to the contrary, in the case of an infant not residing with or under the care of his father or guardian, to be served on or left at the dwelling-house of the father or guardian.

(4)     The order, when made, shall be drawn up.

  1. Appointment of guardian ad litem in course of proceedings

(1)     Where it does not appear on the face of the proceedings, but appears in the course of them, that any defendant is an infant or a person of unsound mind not adjudged a lunatic, the following provision shall apply:

If the infant is in court and there is a person in court who is willing to act as guardian of the infant, that person may be appointed guardian ad litem or the magistrate may appoint the registrar to act as guardian. In any other case the plaintiff shall be ordered to apply for an order that some proper person be appointed guardian ad litem to the infant or person of unsound mind and the provisions of paragraph (2) of the last preceding rule shall be followed with the necessary modifications.

(2)     The order appointing a guardian under this rule shall be drawn up.

  1. Entry of appointment

Where a guardian is appointed under either of the two preceding rules, his appointment shall be entered in the books of the court and in the title of the action for the purpose of all subsequent proceedings.

  1. Guardian ad litem not liable for costs

A guardian ad litem to an infant or a person of unsound mind not adjudged a lunatic shall not be personally liable for any costs not occasioned by his personal negligence or misconduct.

  1. Action by infant for wages, etc.

the provisions of this Order any person under the age of twenty-one years may bring an action in the court for any sum of money which may be due to him for wages or piece of work or for work as a servant, in the same manner and in all respects as if he were of full age.

  1. Compromise or payment out in case of infants, etc.

(1)     In any action in which money or damages is or are claimed by or on behalf of or for the benefit of an infant or a person of unsound mind—

(a)     no settlement or compromise or acceptance of money paid into court, whether before or at or after the trial, shall be valid without the sanction of the magistrate; and

(b)     no money or damages recovered or awarded in any such action whether by settlement, compromise, payment into court or otherwise before or at or after the trial shall be paid to the next friend, guardian ad litem or committee of any party or to any party’s legal practitioner, unless the magistrate so directs.

(2) (a) Where the sole object of the proceedings is to obtain the sanction of the magistrate to a settlement or compromise, the particulars of claim shall contain a brief statement of the cause of action together with a request for the approval of the settlement or compromise.

(b)     The sanction of the magistrate may be given in chambers, whether a court is held on that day or not.

(c)     All money or damages recovered or awarded shall, unless the magistrate otherwise directs, be paid into court to the credit of an account intituled in the action.

(3)     An application to the court as to the mode of dealing with the money and any interest thereon may be made by or on behalf of any person interested.

(4)     Nothing in this rule shall prejudice the lien of a legal practitioner for costs.

(5)     This rule shall not apply to any case in which an infant sues as if he were of full age by virtue of rule 14 of this Order.

  1. Consents for persons under disability

In any proceedings to which—

(a)     an infant; or

(b)     a person of unsound mind, whether adjudged a lunatic or not; or

(c)     a person under any other disability;

is a party, any consent as to the mode of taking evidence or as to another procedure given by the next friend, guardian or committee or other person acting on behalf of the person under disability shall, with the consent of the court, have the same force and effect as if the party were under no disability and had given his consent.

PART 3—CHANGE OF PARTIES

  1. When proceedings not to abate

(1)     An action or matter shall not abate by reason of the marriage, death or bankruptcy of any party, if the cause of action survives or continues, and shall not become defective by the assignment, creation, change, transmission or devolution of any interest, estate or title during the proceedings.

(2)     Whether the cause of action survives or not, an action or matter shall not abate by reason of the death of any party between the findings of fact and the judgment, but judgment may be entered notwithstanding the death.

  1. Change of a party’s title or interest

(1)     Where after the commencement of an action and before judgment there is any change or transmission or devolution of interest, estate or title or liability in relation to any party, any person interested may apply to the court for an order enabling or compelling the proper parties to carry on the proceedings.

(2)     Where an order is made ex parte under paragraph (1) of this rule, any person served with such order may, within such time not exceeding fourteen days as the court may direct, apply to the court to discharge the order.

  1. Where persons entitled to proceed on death of party fail to do so Where a plaintiff or defendant in an action or matter dies, and the cause of action survives, but the person entitled to proceed fails to proceed, the defendant (or the person against whom the proceedings may be continued) may applys to the court for an order directing the plaintiff (or person entitled to proceed) to proceed within such time as may be ordered, and in default the action or matter may be struck out, and in a case where it is the plaintiff who has died, execution may issue for any costs awarded to the defendant.
  2. Alteration of records on change of parties

Where a plaintiff or defendant is substituted or added under any of the rules of this Order, the books of the court shall be altered accordingly and all subsequent proceedings shall be carried on under the altered title.

  1. Claim to money in court where change in parties after judgment

(1)     Where any change has taken place after judgment by death, assignment or otherwise, in the parties to any action or matter, and there is money standing in court to the credit of the action or matter, any person claiming to be entitled to the money may give notice in writing to the registrar of his claim, accompanied by an affidavit of the truth of the facts stated in the notice.

(2)     The magistrate may, if satisfied as to the right of the person so claiming, order payment to be made to such person or may, before deciding, require notice to be given to any other person or persons.

ORDER 6—SERVICE

  1. Normal mode of service

(1)     Subject to the provisions of any Law or rule, service of an ordinary summons or of a default summons shall be effected by delivering the summons together with the particulars (if any)—

(a)     if on an individual to him personally;

(b)     if on a partnership—

(i)      to one of the partners personally, or

(ii)     at the principal place of business of the partnership business, to any person having, or appearing to have, at the time of service, the control or management of the business at the place of service:

Provided that, where the partnership has to the knowledge of the plaintiff been dissolved before the commencement of the action, the summons shall be served personally upon every person in Nigeria sought to be made liable;

(c) if on a corporation aggregate—

to the mayor or other head officer, personally, or to the town clerk, clerk, treasurer, or secretary personally.

(2)     Where a person carrying on a business in a name other than his own, is sued in that name as if it were a firm name, the summons or other originating process shall be served in accordance with the foregoing provisions of this rule as if he were a partner sued in the name of a firm and his business were a partnership business.

(3)     Where the defendant is a person of unsound mind, whether adjudged a lunatic or not, the summons or other originating process shall be delivered to the person with whom he resides or who has him under his care or control.

(4)     Where a defendant is an infant, the summons shall be delivered to his father or guardian, or, if he has no father or guardian, to the person with whom he resides: Provided that the court may order that service personally on the infant shall be good service.

(5)     The provisions of this rule regarding mode of service shall apply to any process of whatever description issued by a magistrate’s court.

  1. Substituted service

Where it appears to the court, either with or without an attempt at service in accordance with the provisions of rule 1 of this Order that for any reason such service in respect of any process whatsoever (other than a judgment summons) 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 delivering the process together with a copy of the order to some person being an agent of the person to be served, or to some other person on it being proved that there is reasonable probability that the document would in the ordinary course, through that agent or other person, come to the knowledge of the person to be served; or

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

(c)     by notice affixed in a conspicuous position at the court house or some other place of public resort in that part of Lagos wherein the proceedings in respect of which the service is made have been instituted; or

(d)     by affixing the process together with a copy of the order in a conspicuous position in the entrance or on a door of the usual or last known place of abode or business of the person to be served; or

(e)     in such other manner as the court may direct, and upon compliance with such order such service shall be deemed to be good and sufficient service of the said process upon the person to be served.

  1. Service out the jurisdiction

(1)     No summons for service on a defendant in Nigeria, outside of Lagos, shall issue without the leave of the court.

(2)     Every application for such leave to issue shall be made in open court and, where an application is granted, an entry to that effect shall be made by the registrar in the books of the court.

(3)     Every application shall be supported by affidavit or other evidence showing—

(a)     that the plaintiff has prima facie a good cause of action;

(b)     that any relief is sought against any person ordinarily resident in Lagos;

(c)     that the claim is founded on any breach or alleged breach in Lagos of any contract wherever made, which, according to the terms thereof, ought to be performed in Lagos;

(d)     that the claim is founded on a tort committed in Lagos;

(e)     that any injunction is sought as to anything done, or to be done, in Lagos, or any nuisance in Lagos is sought to be prevented or removed;

( f )    that any person, out of Lagos, is a necessary or proper party to any proceedings properly commenced in the court against some person duly served in Lagos;

(g)     that the cause of action arose, wholly or in part, at Lagos or that the thing that is the subject-matter of the proceedings is in Lagos.

(4)     No such leave shall be granted unless it shall be made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this Order and the court may make it a condition that security for costs shall be furnished by the plaintiff before leave is granted.

If it shall appear to the court that there is a concurrent remedy in the part of Nigeria where service is sought to be made, the court shall have regard to the comparative cost and convenience of proceeding in Lagos, or in the place of residence of the person to be served.

(5)     The date specified in a summons served out of the jurisdiction under this Order for the appearance of the defendant in court shall not be less than thirty days after the service of the summons.

  1. Mode of service out of the jurisdiction

(1)     When an application for service out of Lagos has been granted the court granting such application shall observe the rules made under section 111 of the Sheriffs and Civil Process Act for the service of process outside Lagos.

(2)     When any order as to any particular form of service has been made, a copy of such order shall be sent to the court of service. [Order 6.] Varying order for service

(3)     An order for service out of Lagos may be varied from time to time with respect to the mode of service directed by the order.

  1. Record and evidence of service

A book shall be kept at every court for recording service of process, in such form as may be approved by the Chief Judge. In this book shall be entered by the officer serving the process, or by the registrar, the names of the plaintiff and defendant, the particular court issuing the process, the method, whether personal or otherwise, of the service and the manner in which the person serving ascertained that he served the process on the right person, and where any process shall not have been duly served, then the cause of failure shall be stated; and every entry in such book or a certified copy of any entry shall be prima facie evidence of the several matters therein stated.

  1. Who may effect service

Service of process shall be effected by a bailiff of the court or a member of the police force (as provided by section 41 of the Law) but a magistrate may order service to be effected by any person designated by him:

Provided that service of any notice of determination of tenancy or of intention to recover possession under the Recovery of Residential Premises Law may be served by the landlord or his agent as if he were a bailiff.

[Rent Control and Cap. R6.]

  1. Proof of service

(1)     Where any process issued by the court is served in accordance with the provisions of section 41 of the Law, an affidavit sworn by the person effecting the service or an endorsement on a true copy of the process under the hand of the person effecting the service setting out the fact, place, mode and date of service shall be prima facie evidence of the matters stated in the endorsement.

(2)     Where any process issued by the court is served by a person not a bailiff or a member of the police force, an affidavit sworn by such person establishing the fact and the mode and date of service shall be prima facie proof of the facts therein stated.

(3)     The return shall be handed in at the registry of the court of issue within three days of date of service.

  1. Legal practitioner accepting service

Where a legal practitioner represents that he is authorised to accept service of an ordinary summons on behalf of a defendant, it shall be sufficient to deliver the summons to him, if he endorses upon the copy retained by the person serving the summons a memorandum stating that he accepts service thereof on behalf of the defendant, and giving an address for service in Lagos.

  1. Time for service

Service shall be effected between the hours of 6 a.m. and 6 p.m. on any week-day and between the hours of 6 a.m. and 2 p.m. on Saturdays.

Service effected after 6 p.m. on a week-day shall not be invalid but shall be deemed to have been made on the nearest following day which is not a public holiday. Service effected on a Saturday after 2 p.m. shall not be invalid but shall be deemed to have been made on the nearest following day which is not a Sunday or public holiday.

  1. Personal service, how effected

Where service is to be effected by delivering a document to the person to be served (i.e., by personal service) and such person refuses to take the document, it is sufficient to inform such person of the nature of the document and to throw it down near him.

  1. Mode of service other than personal service Where in any proceedings in the court any process is required to be served on any person and no other mode of service is prescribed by any Law or rule, the following provisions shall apply—

(a)     where an address for service has been given by the person to be served, service shall be sufficiently effected by sending the process by registered post to such address or by delivering the process at the address for service to an adult person employed or residing at such address; or

(b)     if the person to be served is the proprietor of a business, service shall be sufficiently effected by delivering the process at his place of business or sending it by registered post to his last known place of business; or

(c)     where the person to be served is acting by a legal practitioner, service shall be sufficiently effected by delivering the process at or sending it by registered post to the legal practitioner’s address for service;

(d)     where the process is sent by registered post, it shall, unless the contrary be proved, be deemed to have been served at the time when the registration slip would have reached him in the ordinary course of post, and in proving service of the process it shall be sufficient to prove that it was properly addressed, franked or prepaid, and sent by registered post.

ORDER 7—TRANSFER AND CASE STATED

  1. Application for transfer under section 33

(1)     An application under section 33 of the Law for the transfer of a civil cause or matter shall be made to the magistrate in writing and state grounds on which it is based.

(2)     Where a magistrate, of his own motion, or on application made by an interested party, is of opinion that a civil cause or matter ought to be transferred, he shall forward a report together with his remarks to the Chief Registrar of the High Court for submission to the Chief Judge.

(3)     After a report has been forwarded as provided by the last preceding paragraph the hearing of the cause or matter affected by the application shall not be proceeded with until the decision of the Chief Judge has been communicated to the magistrate in whose court the cause or matter is pending.

(4) The magistrate shall inform the parties concerned of the Chief Judge’s decision.

  1. Case stated

(1)     Where a case is stated under the provisions of section 67 of the Law, the statement shall be headed with the cause number and the names of the parties to the proceedings before the court, and shall be divided into paragraphs setting out the circumstances in which the question of law reserved by the magistrate arises; and the question of law shall be separately stated in the final paragraph of the case stated.

(2)     The statement of the case shall give the addresses of the parties.

  1. Statement of case to be sent to Registrar of High Court

Where a case has been stated as prescribed by the last preceding rule, it shall be sent to the Registrar of the High Court of Lagos and the proceedings before the magistrate shall be stayed until the opinion of the High Court has been received. 4. When the court refers any question as to the interpretation of the Constitution of the Federation or the Constitution of a State to the High Court under section 115 of the Constitution of the Federation, it shall state a case in Form 26A hereof.

[L.N. 7 of 1962.]

ORDER 8—THIRD PARTY PROCEDURE

  1. Third-party notice

(1)     Where a defendant claims as against any person not already a party to the action (in this Order called the third party)—

(a)     that he is entitled to contribution or indemnity; or

(b)     that he is entitled to any relief or remedy relating to or connected with original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or

(c) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant, and should properly be determined not only as between the plaintiff and the defendant, but as between the plaintiff and the defendant and the third party, or between any or either of them;

the defendant may apply to the court on notice for leave to issue and serve a ―third-party notice‖, and shall file a copy of the third party notice with the application.

(2)     Notice of the application shall be served on the plaintiff and filed in the court office within seven days of the service of the summons, inclusive of the day of service, and on receipt of the notice by the registrar all other proceedings in the action shall be stayed until the day fixed for the hearing of the application.

(3)     On the hearing of the application, the court may grant or refuse leave, and, if leave is granted, shall give directions as to the time for service of the third-party notice and as to the date of trial, and, if the action is a default action, judgment shall not be entered pending the trial.

(4)     The notice shall be in Form 59 and shall state the nature and grounds of the claim, or the nature of the question or issue sought to be determined, and the nature and extent of any relief or remedy claimed.

(5)     The notice shall be served on the third party personally, and shall be accompanied by a copy of the summons in the action and of the particulars annexed thereto.

(6)     The third party shall, as from the time of the service upon him of the third-party notice, be a party to the action with the same rights in respect of his defence against any claim made against him and otherwise as if he had been sued in the ordinary way by the defendant.

  1. Default by third party

(1)     If a third party disputes the plaintiff’s claim as against the defendant by whom the notice has been given or his own liability to the defendant—

(a)     he shall take the necessary steps for his defence and the provisions of Order 3, rule 5 and Order 4, rule 6 shall apply with necessary modifications; and

(b)     he shall appear at the court on the day fixed for the trial of the action.

(2)     If the third party does not appear at the trial, he shall be deemed to admit the validity of and be bound by any judgment given in the action whether by consent or otherwise and by any decision therein on any question specified in the notice, and when contribution or indemnity or some other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy.

  1. At the trial

(1)     Subject to any directions which may have been given by the court before the trial, the magistrate shall have full power at the trial to direct what part the third party shall take in the trial and generally how the trial shall be conducted.

(2)     As between the defendant by whom the third-party notice has been given and the third party, the magistrate may grant to either party any relief or remedy which might properly have been granted if the claim against the third party had been made in a separate action, and may give such judgment for either party against the other as may be just:

Provided that execution against the third party shall not be issued without leave of the magistrate until the defendant has satisfied the judgment in the same action given against him.

  1. Fourth and subsequent parties

(1)     Where a third party makes as against any person not already a party to the action such a claim as is defined in rule 1 (1) of this Order, the provisions of this Order regulating the rights and procedure as between the defendant and the third party shall apply as between the third party and such other person, and the expressions “third-party notice”‖ and “third party”‖ shall apply to and include every notice issued against a fourth or subsequent party and every fourth or subsequent party served with such a notice respectively.

(2)    Where a person served with a notice under this rule by a third party in turn makes such a claim as is defined in rule 1 (1) of this Order against another person not already a party to the action, this Order as applied by this rule shall have effect as regards such further person and any other further person or persons so served and so on successively.

  1. Co-defendants

Where a defendant makes against any other defendant in the same action such a claim as is defined in rule 1 (1) of this Order, he may without any leave issue and serve on such other defendant a notice making such claim, and the same procedure shall be adopted for the determination of the claim as would be appropriate under this Order if such other defendant were a third party:

Provided that nothing herein contained shall prejudice the rights of the plaintiff against any defendant.

  1. Counterclaim

In this Order the words ―plaintiff’ and ―defendant‖ respectively shall include a plaintiff and a defendant to a counterclaim.

ORDER 9—AMENDMENT

  1. Generally

The court may, at any time—

(a)     amend any defects and errors in any proceedings whether the defect or error is that of the party applying to amend or not; and

(b)     add, strike out or substitute any person either as plaintiff or defendant; and all such amendments as may be necessary for the purpose of determining the real question in controversy between the parties shall be made, if duly applied for, and the proceedings shall continue in all respects as if they had been commenced in the form in which they appear after the amendment has been made: Provided that no person shall be added as a plaintiff without his consent in writing, or in the case of a person under disability without the consent in writing of the next friend or committee or other person acting on behalf of the person under disability.

  1. Service on added defendant

Where any person is ordered to be added or substituted as defendant, except under rule 8 of this Order, the amended originating process shall be served on the added or substituted defendant according to the rules applicable to the service of the originating process, and the proceedings as against him shall be deemed to have begun only on the service of the process on him.

  1. When amendment may be made Any amendment may be made at any stage of the proceedings by the court of its own motion, or on the oral application of any party at the trial, or before the trial on notice.
  2. Unliquidated claim in default action

Where in a default action the plaintiff’s claim is amended by adding or substituting a claim which could not have been made in a default action, the action shall continue as if it had been commenced as an ordinary action.

  1. Abandonment of part of claim

A plaintiff may, at any time before an action is called on for trial, or in opening his case, abandon any part of his claim, and the abandonment shall be entered on the particulars and in the books of the court.

  1. Amendment where claim increased

Where, upon taking an account, or otherwise, it appears that a plaintiff is entitled to recover an amount larger than that claimed but not exceeding N250,000, N200,000, N150,000, N100,000, N50,000 and N25,000 (according as the Magistrate is a Chief Magistrate Grade 1 or Grade 2 or a Senior Magistrate Grade 1 or Grade 2 or Magistrate Grade 1 or 2 respectively), he may, by leave of the court and on payment of the difference between the fees paid and those payable on the larger amount, amend his particulars so as to claim the larger amount, and judgment may be entered therefor.

  1. Claim in excess of jurisdiction may be abandoned

Where upon taking an account it appears that a plaintiff is entitled to a larger amount than N250,000, N200,000, N150,000, N100,000, N50,000 and N25,000 (according as the Magistrate is a Chief Magistrate Grade 1 or Grade 2 or a Senior Magistrate Grade 1 or Grade 2 or Magistrate Grade 1 or 2 respectively), and he has not by his particulars abandoned the excess, he may, by leave of the court, abandon it, and judgment may be entered for N250,000, N200,000, N150,000, N100,000, N50,000 and N25,000 as the case may be.

  1. Change of defendant

Where a person other than the defendant appears at the trial and admits that he is the person whom the plaintiff intended to sue, or ought to have sued, he may, if the plaintiff consents, be substituted for the defendant, and the proceedings shall continue as if he had originally been made defendant.

  1. Effect of misnomer

No misnomer or inaccurate description of any person or place in any plaint or summons shall vitiate the same, if the person or place is therein described so as to be identifiable:

Provided that if any such misnomer or inaccurate description appears to the court at the hearing to be such that the defendant has thereby been deceived or misled, the court may make any necessary amendments, and, if it is expedient to do so, adjourn the further hearing of the case, upon such terms as it may think fit.

  1. Clerical mistakes and slips

Clerical mistakes in judgments or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the court.

  1. Amendment on terms

The court, when granting an application for an amendment, may impose such terms as it may think just.

ORDER 10—APPLICATION AND DIRECTIONS IN THE COURSE OF PROCEEDINGS

  1. General procedure

(1)     Whereby any Law or rule any application in the course of an action or matter before or after judgment is expressly or by implication authorised to be made to the magistrate or to the court, then, subject to the provisions of the particular Law or rule applicable thereto and so far as not inconsistent therewith, the following provisions shall apply—

(a)     An interlocutory application to the magistrate may be made out of court and shall be in writing:

Provided that the magistrate may direct that the application be made in open court either ex parte or on notice to the other party (if any).

(b)     An interlocutory application to the court may be made orally in court: Provided that the court may direct that the application be made on notice.

(c)     Where an interlocutory application is to be made on notice—

(i)      the notice shall be in writing and shall be filed in the court and served on the opposite party not less than one clear day before the hearing of the application unless the magistrate dispenses with notice or gives leave for shorter notice; and

(ii)     the party making the application shall ascertain from the registrar whether it can be heard on the day for which notice is given;

(iii)    no affidavit shall be necessary in the first instance the magistrate may direct evidence to be adduced in such manner as he thinks fit.

(2)     Upon the hearing of the application the magistrate may make such order as may be just.

  1. Power to impose terms The court may, as a condition of granting any interlocutory application, impose such terms and conditions as it thinks fit, and, without prejudice to the generality of the foregoing provisions, may make orders requiring any party to—

(a)     give security; or

(b)     give an undertaking; or

(c)     pay money into court; or

(d)     pay all or any part of the costs of the proceedings.

  1. Directions

(1)     In any action or matter the court may at any time on the application on notice of any party or of its own motion give such directions as it thinks proper.

(2)     Without prejudice to the generality of the last preceding paragraph, the court may at any time on the application on notice of any party or of its own motion order the parties to state more fully their respective cases and may thereupon frame issues before hearing and determining the action or matter; and in cases in which, owing to their difficult or complicated nature, pleadings are required, the court may adjourn the hearing and report to the Chief Judge with a view to the action or matter being transferred to the High Court.

  1. Adjournment

(1)     The court may at any time and from time to time, upon application or of its own motion, adjourn the hearing of any proceedings.

(2)     Notice of any such adjournment shall be given by the registrar to all parties and persons interested who are not present when the order is made:

Provided that where an adjournment is made at the time and place appointed for the hearing, no such notice need be given to any party or person interested, who has failed to attend although not, excused by the court, or who was represented at the hearing by a solicitor.

(3)     If the hearing of the action or matter is adjourned generally, any party may apply to have a day fixed for the hearing and that registrar shall fix a day for the hearing and give notice to all parties in Form 18.

  1. Enlargement or abridgement of time

(1)     Subject to the provisions of these rules, any of the times fixed by these rules for—

(a)     taking any step in any proceedings; or

(b)     filing any document; or

(c)     giving any notice; may be enlarged or abridged by the court on the application of any party.

(2)     An order enlarging time may be made although the application therefor is not made until after the expiration of the time allowed or appointed.

  1. Application for interim injunction, etc.

Where any party desires, before the trial, an immediate order—

(a)     in the nature of an injunction; or

(b)     for the appointment of a receiver; or

(c)     for taking any accounts; or

(d) for making any inquiries;

he may apply to the court on affidavit setting forth the facts rendering the order immediately necessary, and the court may make such order as it thinks fit.

  1. Interlocutory injunctions, etc., on terms The court may grant an interlocutory injunction or make any interlocutory order on such terms as to its duration, the giving of security or otherwise, as may seem just.
  2. Notice

Where application is made ex parte for an interlocutory injunction or order, the court may direct notice thereof to be given to any person who may be affected thereby.

  1. Where order is made ex parte

Any interlocutory injunction or order granted or made ex parte shall be for such limited time only as shall be stated therein.

The injunction or order shall be served on the person affected thereby.

  1. Discharge or variation of ex parte order Where an interlocutory injunction or order is granted or made ex parte, such injunction or order may be discharged or varied by the court on application made by any person affected thereby, after notice given to the party who obtained such injunction or order.
  2. Recovery of goods where lien claimed

(1)     Where in any action the plaintiff claims the recovery of specific property other than land, and the defendant admits the title of the plaintiff but claims to retain the property by virtue of a lien, or otherwise as security for the payment of a sum of money, the court may order that the plaintiff be at liberty to pay into court, to abide the event of the action, the sum of money in respect of which the defendant claims to retain the property and such further sum (if any) for interest and costs as the court may think fit, and that upon such payment into court the defendant shall return the property to the plaintiff.

(2)     This rule shall apply to a counterclaim as it applies to a claim, with the necessary modifications.

  1. Preservation, etc., of subject matter

When by any contracts a prima facie case of liability is established, and there is alleged, as matter of defence, a right to be relieved wholly or partially from that liability, the court may make an order for the preservation or interim custody of the subject matter of the action, or may order that the amount in dispute be brought into court or otherwise secured.

  1. Order for detention, etc.

The court may, upon the application of any party to an action or matter, make any order for the detention, preservation, inspection, surveying, measuring, or weighing of any property or thing, being the subject of the action or matter or as to which any question may arise therein and may authorise any persons to enter upon or into any land or building in the possession of any party to the action or matter, and authorise any samples to be taken, or any observation, plan, or model to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.

  1. Order for sale of perishables, etc.

The court may, upon the application of any party to an action or matter, order the sale by a person to be named in the order, of any subject matter of the proceedings which—

(a)     is of a perishable nature; or

(b)     incurs charges for food or keep; or

(c)     ought for any other sufficient reason to be sold at once.

  1. Preparation of order, etc.

(1)     A draft of any order under rule 6, 11, 12, 13, or 14 of this Order shall be prepared beforehand by the party making the application and shall be settled by the registrar.

(2)     The applicant shall present the draft order settled by the registrar to the magistrate for his approval, and if the magistrate grants the application, he may sign the order as settled by the registrar or with such alteration as he thinks proper.

(3)     The order when signed shall be filed by the registrar who shall issue a copy for service.

ORDER 11—CONSOLIDATION OF PROCEEDINGS AND SELECTED ACTIONS

  1. Generally Actions or matters pending in the same court may be consolidated by order of the court, of its own motion or on the application of any party on notice.
  2. Selected action where several plaintiffs

(1)     Where several actions by different plaintiffs against the same defendant are proceeding in the same court, in respect of causes of action arising out of the same breach of contract, wrong or other circumstances, the defendant may, on filing an undertaking to be bound, so far as his liability in the several actions is concerned, by the decision in such one of the actions as may be selected by the court, apply to the court for an order to stay the actions, other than the one selected, until judgment is given in the selected action.

(2)     An application under this rule shall be made on notice to the plaintiffs who would be affected by any order made thereon.

  1. Where judgment in favour of defendant in selected action

(1)     If judgment in a selected action under rule 2 of this Order is given in favour of the defendant, the defendant shall be entitled to his costs up to the date of the order staying proceedings against every other plaintiff whose action is stayed, unless any such plaintiff gives the registrar, within one month from the judgment, notice to set down his action for trial.

(2)     On judgment in the selected action being given, the registrar shall send to every other plaintiff a notice in Form 23, and if any such plaintiff gives notice to the registrar to set down his action for trial, the registrar shall appoint a day for trial, and send notice thereof to both plaintiff and defendant not less than fourteen clear days before the day so appointed.

  1. Where judgment against defendant in selected action

(1)     If judgment in a selected action is given against the defendant, the plaintiffs in the actions stayed shall be at liberty to proceed for the purpose of ascertaining and recovering their debts or damages and costs.

(2)     On judgment in the selected action being given, the registrar shall send to each  plaintiff a notice in Form 23, and a plaintiff desiring to proceed, shall, within one month from the date of the notice, give to the registrar notice to set down his action for trial, and on receipt thereof the registrar shall appoint a day for the trial, and send notice thereof to both plaintiff and defendant, not less than fourteen clear days before the day so appointed.

  1. Selected action where several defendants

(1)     Where several actions by the same plaintiff against several defendants are proceeding in the same court, and the event of the actions depends on the finding of the magistrate on some question common to all of them, the magistrate may at any time select one of them for trial, and stay proceedings in all the others until judgment in the selected action is given.

(2)     After judgment is given in the selected action, unless the plaintiff and the defendants in the other actions, or any of them, submit to have judgment entered therein in accordance with the judgment in the selected action, the other actions shall proceed.

(3)     On receipt of notice from the plaintiff or defendant in any such action to set it down for trial, the registrar shall appoint a day for the trial, and shall send notice thereof to both plaintiff and defendant not less than fourteen clear days before the day so appointed.

ORDER 12—DISCONTINUANCE BY PLAINTIFF

  1. Notice

If a plaintiff desires to discontinue wholly or in part any proceedings against all or any of the parties thereto, he shall give notice thereof in Form 24 to the registrar, and to every party against whom he desires to discontinue.

  1. Costs

Where a notice of discontinuance has been given the court shall on the return day assess the costs incurred by the defendant before the receipt of the notice, or, if the proceedings are not wholly discontinued, the costs incurred before the receipt of the notice in relation to the part discontinued.

If such costs are not paid within fourteen days, the defendant may apply ex parte in court for judgment to be entered for the costs assessed by the magistrate and for the costs of entering judgment. Judgment shall be entered in Form 25:

Provided that—

(a)     if the proceedings are not wholly discontinued as against the party entering judgment, execution shall not issue before the proceedings are disposed of, except by leave of the court; and

(b)     discontinuance under this Order shall not be a defence to any subsequent proceedings, but if subsequent proceedings are brought for substantially the same cause of action before the payment of the costs mentioned, the court may stay the proceedings until the costs have been paid.

ORDER 13—REFERENCE FOR INQUIRY AND REPORT

  1. Order for reference

(1)     An order under section 46 of the Law for the reference of any proceedings or question to the registrar or a referee for inquiry and report, shall be in Form 26.

(2)     The order may be made—

(a)     on an application by any party before the hearing, on notice; or

(b)     on an application by any party at the hearing; or

(c)     at any stage of the proceedings by the magistrate of his own motion.

(3)     The court shall, if convenient, at the time of making an order under paragraph

(1)     of this rule fix the remuneration of the referee and, whether the remuneration has been thus fixed or not, the court may order one or more of the parties to deposit such sum or sums as will be sufficient to defray the remuneration of the referee (without prejudice as to how such remuneration shall ultimately be borne).

  1. Conduct of reference

(1)     Subject to any order of the magistrate as to the conduct of the reference—

(a)     the registrar may hold the inquiry at the court house or at any place convenient to the parties;

(b)     a referee, other than the registrar, may hold the inquiry at any place convenient to the parties;

(c)     the registrar or referee may inspect any property or thing concerning which any question may arise;

(d)     the attendance of witnesses may be enforced by summons, and the inquiry shall be conducted in the same manner, as nearly as circumstances will permit, as if the inquiry were the hearing of an action;

(e)     subject to the provisions of paragraph (2) of this rule, the registrar or referee shall have the powers of a magistrate with respect to production of documents and in the conduct of the inquiry;

( f )    the registrar or referee may submit any question arising in the inquiry for the decision of the magistrate;

(g)     the report shall be in writing and shall be filed in the registry of the court and the registrar shall:

(i)      give notice to all parties of the filing of the report;

(ii)     subject to the right of the referee or any party to appeal to the magistrate, fix the remuneration of the referee unless it has been already agreed or fixed;

(iii)    subject to the payment into court by any party of the amount fixed for the remuneration of the referee, without prejudice as to how it shall ultimately be borne, permit the parties to inspect the report: Provided that a party who has already made a deposit in compliance with an order made under rule 1 (3) of this Order shall be exempted from the obligation imposed by this sub-paragraph;

(h)     when the report has been filed—

(i)      if the further consideration of the proceedings has been adjourned to a day named, any party may apply on that day to the magistrate to adopt the report, or may give not less than three clear days’ notice of his intention to make an application on that day to vary the report, or to remit the report or any part thereof for further inquiry or report; or

(ii)     if the further consideration has not been adjourned to a day named, any party may, on not less than three clear days’ notice, apply to the magistrate to adopt or vary the report, or to remit the report or any part thereof for further inquiry and report.

(2)     Nothing in this rule shall authorise the registrar or referee to commit any person to prison, or to enforce any order by attachment.

ORDER 14—PAYMENT INTO COURT IN ACTION

  1. Payment of claim and costs within six days of service

(1)     Where the only relief claimed is the payment of money, a defendant may, within six days of the service of the summons on him, pay into court in satisfaction of the claim—

(a)     the whole amount of the claim and costs stated on the summons; or

(b)     so much of the claim as he admits to be due from him to the plaintiff together with the costs stated on the summons.

(2)     Where the whole amount of the claim and costs is so paid into court the action shall be stayed and the defendant shall not be liable for any costs except those stated on the summons.

(3)     Where the amount so paid into court is less than the amount of the claim and costs—

(a)     if the plaintiff accepts the amount paid into court, he shall within three days after receipt by him of the notice of payment into court deliver at the court office a notice of acceptance; and

(b)     on receipt of the notice of acceptance the registrar shall give notice to the defendant in Form 28 and the action shall be stayed, and the defendant shall not be liable for any costs except those stated on the summons.

  1. Liability admitted unless denied

(1)     A defendant in an action may at any time before judgment pay money into court—

(a)     in satisfaction of the claim, or where several causes of action are joined in one action, in satisfaction of one or more of the causes of action; or

(b)     on account of a sum admitted by him to be due to the plaintiff.

(2)     Money may be paid into court under the last preceding paragraph by one or more of several defendants sued jointly or in the alternative.

(3)     A payment made under this rule shall be deemed to be made with an admission of liability, unless accompanied by a notice stating that liability is denied.

  1. When payment deemed to be on account Where the amount paid into court under the last preceding rule is less than the amount claimed, the payment shall be deemed to be made on account of the amount claimed, unless accompanied by a notice stating that it is made in satisfaction of the claim or, where several causes of action are joined in one action, in satisfaction of one or more of the causes of action.
  2. Several causes of action

Where a payment under rule 2 of this Order is made in satisfaction of one or more of several causes of action, the payment shall be accompanied by a notice specifying the cause or causes of action in respect of which it is made, and the sum paid in respect of each cause of action.

  1. Tender

A payment made in pursuance of Order 3 rule 8 or Order 4 rule 4 (2), shall be accompanied by a notice stating that it is made with a defence of tender.

  1. Defendants sued jointly or in alternative

Where a payment under rule 2 of this Order is made by one or more of several defendants sued jointly or in the alternative, it shall be accompanied by a notice stating the name and address of the defendant or defendants making the payment.

  1. Notice of payment into court The registrar shall on receipt of any payment under this Order, if time permits send notice to the plaintiff in such one of the Forms in the Appendix as is applicable to the case, and if the payment was made by one or more of several defendants sued jointly or in the alternative, to every other defendant in Form 30.
  2. Where whole claim paid after seven days or without costs

Where in any case to which rule 1 (1) (a) of this Order does not apply the only relief claimed is the payment of money and the whole amount of the claim is paid into court, the following provisions shall apply—

(a)     proceedings in the action, except those authorised by this rule, shall be stayed,  and the defendant shall not be liable for any costs incurred after the receipt by the plaintiff of the notice of payment into court;

(b)     The plaintiff shall not be entitled to have the amount in court paid out to him without the written approval of the magistrate;

(c)     If the amount of the costs entered on the summons is not paid into court with the amount of the claim, the plaintiff may have judgment entered for such costs or any balance unpaid and the costs of entering judgment;

(d)     If the plaintiff claims any additional costs, he may within fourteen days of the receipt by him of the notice of payment into court lodge a bill of costs for taxation, and if the costs allowed on taxation are not paid within fourteen days after taxation, he may have judgment entered for his taxed costs and the costs of entering judgment.

  1. Where money paid into court accepted

Where in any case to which rule 1 (1) (b) of this Order does not apply, the amount paid into court is less than the amount of the claim, or where the whole amount of the claim is paid into court but there is a claim for some relief other than the payment of money, and the plaintiff elects to accept the sum or any one or more of specified sums paid into court in satisfaction of his claim or of the cause or causes of action to which the specified sum or sums relate, the following provisions shall apply—

(a)     the plaintiff shall within three days after the receipt by him of the notice of payment into court deliver to the registrar a notice of acceptance, and on receipt thereof by the registrar proceedings in the action or in respect of any cause of action to which the notice relates shall be stayed;

(b)     the registrar shall give notice to every defendant in Form 28;

(c)     the plaintiff shall not be entitled to have the accepted sum or sums paid out to him without the written approval of the magistrate;

(d)     if the notice or acceptance relates to the whole claim, or if it relates to one or more of several causes of action and the plaintiff within the said period of three days gives notice that he abandons the other cause or causes of action, he may except in the case to which the next succeeding rule applies lodge for taxation a bill of the costs incurred by him before the receipt of notice of payment into court, and if the cost allowed on taxation are not paid within fourteen days after taxation, he may have judgment entered for his taxed costs and the costs of entering judgment.

  1. Defendant’s costs

If a plaintiff fails to give notice of acceptance within the time limited by rule 1 or rule 9 of this Order, he may give notice of acceptance subsequently, but the court may order the plaintiff to pay any costs reasonably incurred by the defendant since the date of payment into court, including the costs of attending court to obtain the order.

  1. Counterclaim A plaintiff or other person made defendant to a counterclaim, may pay money into court as if he were defendant to an action, and rules 2 to 10 of this Order shall apply with the necessary modifications.
  2. Payments into court not to be communicated to magistrate Except in an action to which a defence of tender before action is pleaded, no statement of the fact that money has been paid into court under this Order shall at the trial of any action be made to the magistrate until all questions of liability and amount of debt or damages have been decided, but the magistrate shall in exercising his discretion as to costs take into account both the fact that money has been paid into court and the amount of the payment:

Provided that this rule shall not apply where money in court has been accepted or taken out in satisfaction.

  1. Paying out

Money paid into court under the provisions of this Order shall not be paid out without the approval in writing of the magistrate.

ORDER 15—EVIDENCE, WITNESSES

  1. Admission by any party

Any party to an action or matter may give notice to any other party that he admits the truth of the whole or any part of the case of the other party, and no costs incurred after the receipt of the notice in respect of the proof of any matters admitted therein shall be allowed.

  1. Evidence to be taken orally

Save as otherwise provided by these rules, the evidence of witnesses at the hearing of any action or matter shall be taken orally on oath or affirmation, and where, by these rules, evidence is required or permitted to be taken by affidavit, it shall nevertheless be taken orally on oath or affirmation if the court, on any application before or at the hearing, so directs.

  1. Power to order proof by affidavit, etc.

(1)     The magistrate may at any time order that—

(a)     any particular fact or facts may be proved by affidavit; or

(b)     the affidavit of any witness may be read at the hearing on such conditions as the magistrate thinks reasonable; or

(c)     any witness whose attendance in court ought for some sufficient cause to be dispensed with be examined by the magistrate out of court as provided by rule 8 of this Order.

(2)     The provisions of section 77 of the Evidence Act shall apply where an order has been made under sub-paragraph (a) or (b) of the last preceding paragraph.

  1. Use of affidavit without order

Where a party desires to use at the hearing an affidavit by any witness as to particular facts, as to which no order has been made, he may, not less than five clear days before the hearing, give notice, accompanied by a copy of the affidavit, to the party against whom it is to be used, and unless the last mentioned party, not less than two clear days before the hearing, gives notice to the other party that he objects to the use of the affidavit, he shall be taken to have consented to the use thereof and the affidavit may be used at the hearing unless the magistrate otherwise orders.

  1. Service of summons to witnesses

Any of the parties to any cause or matter may request the registrar of the court to issue summonses to witnesses, with or without a clause requiring the production of the books, deeds, papers and writings in the possession or control of the person summoned as a witness and such summons shall be served by delivery to the person summoned.

  1. Witnesses in general to be out of hearing

Immediately prior to the hearing of any cause or matter in which witnesses are to be examined the court may direct that all witnesses shall leave the court and shall be kept out of court as provided by section 187 of the Evidence Act:

Provided that the magistrate may in his discretion permit professional and technical witnesses to remain in court:

And provided further that failure to comply with the provisions of this rule shall not invalidate the proceedings.

  1. Forfeiture for disobeying witness summons

(1)     Subject to the provisions of the Evidence Act any person summoned as a witness in civil proceedings who—

[L.F.N. Cap. E8.]

(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 forty naira as the magistrate may direct by an order in Form 33:

[Form 33.]

Provided that no person so summoned shall forfeit a sum as aforesaid unless there has been paid or tendered to him a reasonable sum to defray his travelling expenses by public transport services and the minimum amount set out in Appendix 4 and applicable to him; and

Provided also that, where the person so summoned, has not appeared, forfeiture shall not be pronounced until a notice in Form 34 has been served upon him personally.

[Form 34.]

(2)     Any person present in court who is required to give evidence but refuses without sufficient cause to be sworn or make an affirmation or to give evidence shall be liable to forfeit such a sum as aforesaid.

(3)     The magistrate may in his discretion direct that the whole or any part of any such sum, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.

(4)     Any sum forfeited under this rule shall be treated as if it were a judgment debt and shall be payable forthwith to the registrar unless time for payment is allowed by the magistrate.

  1. Evidence of witness about to leave Lagos, etc.

(1)     At any time after an action or matter is begun and before the trial, the magistrate may take the evidence of a witness who is about to leave Lagos or who, from illness or old age or any other sufficient cause, is not likely to be able to be present at the trial. Such evidence may be taken at some convenient place outside the court, if necessary.

(2)     The note of the evidence shall be signed at the time by the magistrate taking the same.

(3)     The evidence so taken and recorded may not, except for special reasons to be recorded in the magistrate’s notes, be admitted as evidence at the trial unless it is shown that the party against whom it is offered had an opportunity of being present and of cross examining the deponent.

  1. Prisoners as witnesses

(1)     It shall be lawful for the court to issue an order to bring up any person confined as a prisoner under any sentence or order of commitment for trial, or otherwise, or under civil process, to be examined as a witness in civil proceedings pending in the court:

Provided that such order shall not be made as of course, nor unless the court shall have reasonable grounds for believing that the evidence of the prisoner is likely to be material.

[Form 27.]

(2)     The officer in charge of the prison or person in whose custody such prisoner  may be shall forthwith obey such order by bringing; the prisoner to the court in his custody, or by delivering him to an officer of the court, as the order may direct, and if the prisoner shall under the terms of the order be delivered to any officer of the court, the officer in charge of the prison or other person shall not be liable for the escape of such prisoner:

Provided that the officer in charge of the prison or other person as aforesaid 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 officers and of the prisoner in going to, remaining at, and returning from the court. 10. Use of evidence taken at hearing

Evidence taken at the hearing of an action or matter may be used at any subsequent stage of the same proceedings.

  1. Practice as to taking evidence The practice with reference to the examination, cross examination and re-examination of a witness at the hearing of an action shall extend and be applicable to oral evidence taken in any proceedings at any stage.

ORDER 16—AFFIDAVITS AND DOCUMENTARY EVIDENCE

[Order 16.]

  1. Contents of affidavits

(1)     All affidavits shall be made by some person who has knowledge of the facts stating—

(a)     the deponent’s residence and occupation; and

[Form 35.]

(b)     what facts are within his own knowledge and his means of knowledge; and

(c)     what facts are deposed to on information derived from other sources and what the sources are.

(2)     Affidavits shall be expressed in the first person and shall be drawn up in numbered paragraphs.

  1. Cross-examination of deponent

Subject to the provisions of section 78 of the Evidence Act, where a party desires to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party in any proceedings, the following provisions shall apply—

[L.F.N. Cap. E8.]

(a)     he may cause to be served on the opposite party through the court a notice requiring the production of the deponent for cross-examination at the hearing;

(b)     a witness summons may be issued on the application of the party served with the notice for the purpose of summoning the deponent to attend for cross-examination.

[Order 16.]

  1. Alterations in affidavits

Unless the court otherwise orders, no affidavit shall be filed or used in any proceedings if it has not been taken in accordance with the provisions of section 90 of the Evidence Act and the provisions of sections 79 to 89 of the said Act shall apply to any affidavit used in any proceedings.

[L.F.N. Cap. E8.]

  1. Documents admitted in evidence

Every document admitted in evidence shall be put in and read or taken as read by consent and shall be marked by the court, or registrar, with a distinguishing mark or letter, and a note of the date and character of all material documents admitted in evidence shall be made by the court in the record of the case, and each document admitted shall be retained by the court until the proceedings have been concluded and the period for filing a notice of appeal has elapsed:

Provided that the court may, in special circumstances, return a document to the party who put it in, on such party giving an undertaking deemed sufficient by the court, to keep the document marked and to return it to the court if an appeal is lodged. After a notice of appeal has been filed, the court or magistrate shall not allow a document to be returned to the party who put it in at the trial unless the consent of the appeal court has first been obtained.

  1. Documents not admitted in evidence

Where the court does not allow a document to be produced, the document shall be marked as having been offered in evidence but rejected.

ORDER 17—HEARING

[Order 17.]

  1. Hearings in open court

Trials of civil actions shall be held in open court:

Provided that a magistrate may order a hearing to be held in camera where a public hearing would defeat the ends of justice, for example, in cases where the particulars of a secret process have to be disclosed:

Provided also that this rule shall not be deemed to be infringed by the provisions of Order 15 rule 3 (1) (c).

  1. Where plaintiff does not appear

(1)     If the plaintiff does not appear at the hearing of an action or matter, then, except as otherwise provided in this and an order for costs, if made against the plaintiff, shall be in Form 46.

(2)     Where any proceedings have been struck out under this rule, the court may reinstate them for hearing on the same or any subsequent day on such terms as the court may deem just and the provisions of paragraph (2) of the next succeeding rule shall apply as regards any costs awarded against the plaintiff under this rule as if the plaintiff had been nonsuited.

(3)     Where the plaintiff does not appear at the hearing but the court has received from him an affidavit which is admissible in evidence by virtue of any Law or rule, the proceedings shall not be struck out but the plaintiff shall be deemed to have appeared at the hearing and to have tendered the evidence in the affidavit.

  1. Where claim not proved

(1)     Where the plaintiff appears but does not prove his claim to the satisfaction of the court, it may either nonsuit him, or give judgment for the defendant.

[Form 45.]

(2)     Where after a plaintiff has been nonsuited, a subsequent action for the same or substantially the same cause of action is brought before payment of any costs awarded to the defendant when the plaintiff was nonsuited, the court may stay the subsequent action until such costs have been paid.

  1. Judgment where defendant does not appear

If the defendant does not appear, the court, upon proof of service and of facts entitling the plaintiff to relief, may give such judgment or make such order as may be just.

  1. Defendant appearing and admitting claim

Where the defendant appears on the day fixed for the hearing and admits the claim, the court shall give judgment or make such order as may be just.

  1. If proceedings discontinued, etc., counterclaim may proceed Where the defendant sets up a counterclaim and the claim of the plaintiff is discontinued, struck out, stayed or dismissed, the counterclaim may be proceeded with and the defendant, on proof thereof, may have judgment.
  2. Non-appearance on counterclaim

If a person, not originally a party to the proceedings, who has been served with a counterclaim, does not appear at the hearing, the court may proceed with the hearing and may give such judgement or make such order as may be just against the person so served, or may adjourn the hearing and give such directions as it thinks fit.

[Order 17.]

8        Exclusion of counterclaim

Where the court is of opinion that a counterclaim could be better disposed of in independent proceedings, the court may of its own motion or on the application of any party order the counterclaim to be excluded.

  1. Judgment where counterclaim is established

(1)     Where a counterclaim is established against the claim of the plaintiff and there is a balance in favour of one of the parties, the court may give judgment in Form 36.

(2)     Nothing in the preceding paragraph shall affect the discretion of the court to award costs in such proportions as it thinks fit.

  1. Misjoinder of plaintiff not to defeat counterclaim Where any person has been improperly or unnecessarily joined as a plaintiff, a defendant who has set up a counterclaim may proceed with the counterclaim against the other plaintiff.
  2. Injunctions

(1)     In any proceedings in which an injunction has been or might have been claimed, a plaintiff may, before or after judgment, apply for an injunction to restrain the defendant from—

(a)     the repetition or continuance of the wrongful act or breach of contract complained of; or,

(b)     the commission of any wrongful act or breach of contract of a like kind, relating to the same property or right or arising out of the same contract; and the magistrate, in addition to giving judgment for such damages and costs as the plaintiff may be entitled to, may grant the injunction on such terms as may be just.

(2)     An application under this rule may be made—

(a)     before the hearing of the action or matter, in accordance with Order 10 rule 6; or

(b)     at or immediately after the hearing, in which case the order shall be included in the judgment; or

(c)     after judgment, on notice and supported by affidavit.

  1. Inspection by magistrate

(1)     The magistrate may inspect any property or thing concerning which any question may arise in any proceedings.

(2)     The expenses of any inspection under this rule shall be paid in the first instance by the party on whose application the inspection is made or ordered, or, if made or ordered without an application, by the plaintiff, and shall be costs in the proceedings unless the magistrate otherwise orders.

[Order 17.]

13      Magistrate to keep notes of evidence and minutes of proceedings

(1)     At the hearing of any proceedings the magistrate shall take notes in writing—

(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)     the purport of all relevant oral evidence given before the court; and

(d)     of his decision thereon and of his determination of the proceedings; in a book to be kept for that purpose, and such book shall be signed by the magistrate at the conclusion of each day’s proceedings.

(2)     Where such a note has been taken, 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 fee as may be prescribed, furnish him with a copy of the note, and shall certify the copy to be a true copy and the copy so certified shall be admitted as evidence of such proceedings and of the statements made by the witnesses.

(3)     The registrar shall enter into a book to be kept for this purpose in his office and called the Civil Cause Book, particulars of all proceedings heard and determined by the magistrate. Such particulars shall include the number of the plaint, the date of filing the plaint, the name of the plaintiff, the name of the defendant, the substance of the plaint, the date of the judgment, a minute of the judgment, the name of the magistrate adjudicating and the costs and such book shall be checked and signed by the magistrate.

[Form 2.]

  1. Procedure when both parties appear If on the day of hearing, both parties appear, the plaint shall be read to the defendant and the magistrate shall require him to make his answer or defence thereto, and, on such defence or answer being made, the magistrate shall immediately record the same and shall, except where the court considers it necessary to order otherwise, proceed in a summary way to hear and determine the cause, without further pleading or formal joinder of issue.
  2. No evidence to be given of any claim which is not in summons

Subject to the power of amendment conferred by these rules, no evidence of any claim shall be given by the plaintiff on the trial or hearing, except such as shall be stated in the summons or other proceeding directed to be issued or taken.

[Order 17.]

  1. Order of proceedings at trail of action

(1)     The party on whom the burden of proof lies shall be entitled to address the court at the commencement of the case. 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.

(2)     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.

(3)     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. Examination of witnesses

(4)     The magistrate after an opening address, if any has been made, shall proceed to hear the plaintiff and such witnesses as the plaintiff may call and examine and such other evidence as he may adduce in support of his plaint and also to hear the defendant and such witnesses as he may call and examine and such other evidence as he may adduce in his defence and also to hear such other witnesses as the plaintiff may, with leave of the court, call and examine in reply:

Provided that where the party on whom the burden of proof lies is not the plaintiff, the foregoing provisions of this paragraph shall apply as if the party on whom the burden of proof lies were the plaintiff.

ORDER 18—JUDGEMENTS AND ORDERS

[Order 18.]

  1. Giving and entering judgment

(1)     At the conclusion of the hearing of an action the court shall either at the same or at a subsequent sitting deliver judgment or make a final order in the action and every judgment or final order shall be drawn up in the appropriate form and signed by the magistrate. A minute of every judgment and final order shall be entered in the Civil Cause Book by the registrar.

(2)     Where an oral judgment or final order has not yet been drawn up and signed, a magistrate may, on hearing further argument, alter it.

(3)     If an order is made by consent, that fact should be stated on the face of the order.

  1. Orders which need not be drawn up

Subject to the provisions of any Law or rule, no order giving leave to take any proceedings and no interlocutory order need be drawn up, unless the court otherwise directs.

  1. Service of judgments and orders

Except in cases where disobedience to an order entails attachment or committal for contempt, it shall not be necessary to serve judgments and orders unless the court otherwise directs.

Judgment to state time for doing an act ordered

(2)     Every judgment or order requiring any person to do an act other than the payment of money or costs, shall state the time within which the act is to be done.

  1. Judgment in action for recovery of chattel

If the plaintiff in an action for the recovery of any chattel or thing establishes his claim, judgment shall be given either for the delivery of the chattel or thing or for payment of the value thereof as proved at the hearing, as the court may think fit, and in either case the court may award in addition such damages as the justice of the case may require.

[Form 38.]

  1. What orders to be made

Subject to particular rules, the court may in all causes and matters make any order  which the circumstances of the cause or matter justify and which it considers necessary for doing justice, whether such order has been expressly asked for by the person entitled to the benefit of the order or not.

  1. Decree to be obeyed without demand A person directed to pay money or do any other act is bound to obey the order without any demand for payment or performance. If no time is specified for the doing of any act (not being payment of money), the act shall be done within five days after the order has been made unless the court shall enlarge the time by the same or any subsequent order.

Rule 12 of this Order shall regulate the time for complying with orders for payment of money.

  1. Payment and suspension of judgments and orders

(1)     When a judgment is given or an order is made by a court under which a sum of money of any amount is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the court may, as it thinks fit, order the money to be paid either—

(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)     Where a judgment has been given or an order made for the payment of any sum by instalments or otherwise, and it appears to the court that the person liable under the judgment or order is unable to pay the sum ordered to be paid at the time or by the instalments ordered, the court may, on the application of such person made on notice, order the amount unpaid under the judgment or order to be paid by instalments, or, if already payable by instalments, by the same or smaller instalments, and may from time to time vary such order.

[Form 40. Form 41.]

  1. Execution and power to stay execution

(1)     The issue of any execution in any proceedings shall be in accordance with the provisions of the Sheriffs and Civil Process Act.

[L.F.N. Cap. S6.]

(2)     If at any time it appears to the satisfaction of the magistrate 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 counterclaim in the proceedings or by way of costs or otherwise, or any instalments thereof, the magistrate may in his discretion, stay any execution issued in the proceedings for such time and on such terms as the magistrate thinks fit, and so from time to time until it appears that the cause of inability has ceased.

[Form 42.]

  1. Judgments how far final

Every judgment and order of the court shall, except as provided by the Law or any other Law or otherwise, be final and conclusive between the parties; but the court shall have power to non-suit the plaintiff in every case in which satisfactory proof shall not be given entitling either the plaintiff or defendant to judgment.

[Form 45.]

  1. Where money to be paid to party

Where money payable under a judgment or order is directed to be paid by one party to another party or his legal practitioner instead of into court, a direction to that effect shall be inserted in the judgment or order.

  1. Purposes for which certificate for judgment required, to be stated

(1)     Any party to an action or matter requiring a certificate of any judgment or order shall state in writing whether it is required for the purpose of taking proceedings thereon in any other court or for the purpose of evidence only, and the registrar shall state on the certificate the purpose for which it is required.

[Order 18.]

(2)     Where a person applying for a certificate of any judgment or order is not a party to the proceedings in which the judgment or order was given or made, he shall state in writing, with particulars, the purpose for which the certificate is required and the capacity in which he applies for the same, and shall satisfy the magistrate that the application may properly be granted.

(3)     The certificate shall be in Form 43 and shall contain copies of all entries relating to the proceedings appearing in the books of the court under the several headings shown in the Form.

[Form 43.]

  1. Time for payment of judgment debt or costs

(1)     Where judgment is given or an order is made for the payment otherwise than by instalments of a sum of money and costs or for the payment of costs, the money and costs or the costs shall be payable on such day as may be specified in the judgment or order or if no day is specified then at the expiration of fourteen days from the date of the judgment or order:

Provided that if the costs have not been taxed before the expiration of the day specified, or if no day is specified before the expiration of such fourteen days, they shall be payable within three days after taxation.

(2)     Notwithstanding the provisions of the last preceding paragraph, the court may at any time before the expiration of the period allowed for payment, on application made on notice, make an order for payment at an earlier date.

  1. Payment in reduction of amount due under judgment

A person liable to pay money under a judgment or order may at any time pay money into court in reduction of the amount payable by him:

Provided that where no order has been made for payment by instalments, the registrar shall not receive any sum less than the full amount payable, if the person entitled to the benefit of the judgment or order has, at or before the time when such sum becomes payable, given written directions to the registrar not to receive any sum less than the full amount payable, and if, in any such case, any less sum is paid into court and is inadvertently received, the registrar shall, if so directed in writing by the person entitled to the benefit of the judgment or order, place the sum so paid to the credit of the person by whom it was paid, and shall, on request, return the amount to him.

  1. Notice of payment into court Where any payment into court is made under a judgment or order, the registrar shall give notice in Form 44 to the person entitled to the money.
  2. Where duty payable

Before executing any order directing the payment or transfer of any fund in respect of which any duty is payable to the revenue, it shall be the duty of the registrar, before making the payment or transfer, to acquire a certificate from the proper officer of, or the production of the receipt for, the payment of the duty chargeable.

  1. Orders, etc., enforceable by committal

Orders in the nature of an injunction and all orders within the competence of the court which, if they were made in an action or matter in the High Court, could in that court be enforced by attachment or committal, may be enforced, by order of the magistrate, by committal.

ORDER 19—FEES—COSTS—SECURITY FOR COSTS

  1. Fees

(1) The fees payable in the Magistrates’ Courts are set out in Appendix 3 to these Rules.

(2)     Subject to the provisions of sections 70 and 71 of the Law, the fees set out in Appendix 3 shall be paid to the registrar at or before the time of the issue or filing of the process or document to which such fees relate, or, where a fee is prescribed for the performance of any act, before such act is performed.

[Appendix 3.]

  1. Costs

Subject to the provisions of any Law or rule, the costs of proceedings on the civil side in a magistrate’s court shall be in the discretion of the court and the court shall have power to grant a lump sum instead of taxed costs.

  1. Scale of legal practitioner’s charges

Legal practitioners’ charges allowable on taxation are set out in Appendix 5 to these Rules.

  1. Order for taxation

(1)     Where the court of its own motion or on the application of a party orders that costs be taxed between party and party, a bill of costs shall be prepared and submitted to the taxing officer by the party entitled to the costs, within fourteen days of the judgement or order granting costs.

[Order 19.]

(2)     At the time of making such an order, or at any time prior to the completion of taxation, the magistrate may give special directions regarding the inclusion of any legal practitioner’s charge not specifically provided for in Appendix 5.

  1. Taxing officer The registrar shall be the taxing officer of the court of which he is registrar.
  2. Enforcement An order for the payment of costs may be enforced in like manner as any other order of a magistrate’s court for the payment of money.
  3. Taxation to be on notice

(1)     The taxing officer shall give to the parties concerned notice of the date and hour fixed for taxing a bill of costs.

(2)     Taxation may be proceeded with in the absence of any party or parties, provided due warning has been given.

(3)     The parties or their legal practitioners shall have the right to make submissions for or against the inclusion of any item.

  1. Taxation

(1)     When taxing costs between party and party, the taxing officer shall allow the court fees, legal practitioners’ charges, allowances to witnesses and other disbursements, properly paid out by the party and established by vouchers or receipts, if any:

Provided that where a witness has not given evidence, the expenses incurred for summoning him shall not be allowed unless the magistrate certifies that there was reasonable cause to summon such witness:

Provided further that the taxing officer shall comply with any directions given under rule 4 (2) of this Order or any other directions; given by the magistrate.

(2)     The taxing officer shall disallow or reduce any item which he considers unjustified or unreasonable and shall enter and initial in the margin of the bill, the deductions made.

If the total of a bill of costs after taxation is less than four-fifths of the original amount shown on the bill of costs, the legal practitioner’s costs for preparing the bill and attending and the taxing fee shall be disallowed.

(3)     Any party dissatisfied with the taxing officer’s decision on any item may apply to the magistrate for a review. Such application shall be made in writing and handed to the taxing officer before he signs the bill of costs.

[Order 19.]

(4)     On application made to the magistrate as provided in the last preceding paragraph, the magistrate shall fix the date and hour for reviewing the taxation and such date and hour shall be communicated to the parties interested by the taxing officer personally or by written notice.

(5)     When a bill of costs has been taxed and certified by the taxing officer, or by the magistrate on review, the bill of costs shall be filed by the registrar and entry made in the Civil Cause Book.

  1. Inclusive fee

(1)     Any agreement made by a legal practitioner with his client for an inclusive fee for the conduct of a case in a magistrate’s court shall, if the client is illiterate, be null and void unless—

(a)     it shall have been made in duplicate and the legal practitioner and his client shall have signed and made their mark, or affixed their signature, respectively on both copies in one and the same transaction and in the presence of a witness other than an employee or casual employee of the legal practitioner; and

(b)     the said witness understood the language and script in which the agreement was written and explained its terms to the client and was present at the transaction of the signing and marking thereof and set his signature also to the agreement; and

(c)     one of the copies so signed shall also have been given to the client in the presence of the same witness and as part of the same single transaction of signing and marking them.

(2)     The onus of proof that the requirements of this rule have been complied with shall be on the legal practitioner seeking to enforce any such agreement.

(3)     For the purpose of this rule the word illiterate shall include any person, who may be able to read but may nevertheless not be able to understand the purport of such an agreement, and the onus of proof that a person is not illiterate in this sense shall be upon the legal practitioner.

  1. Refund by legal practitioner

When any legal practitioner has conducted a case under an agreement for an inclusive fee, or has conducted a case not under an inclusive fee but has presented his bill, and the fee or bill has been paid in full by his client, and costs awarded to his client by the court are subsequently paid to the legal practitioner, the legal practitioner shall refund to the client an amount equal to the costs received. If the fee or bill has not been paid in full by the client but the receipt of the costs awarded causes an excess, an amount equal to the excess shall be refunded to the client by the legal practitioner. When no excess is caused, the amount of costs received shall be deducted in computing the balance (if any) due from the client under the agreement or on the bill.

[Order 19.]

  1. Claim by legal practitioner against client

In any suit brought by a legal practitioner to recover from his client any sum of money due under an inclusive agreement for conducting a proceeding in a magistrate’s court, the court may reduce the amount claimed if it thinks the same or any part thereof to be harsh and unreasonable, but before doing so shall have regard to the degree of skill, labour and responsibility involved and to the nature of the practice of the legal practitioner.

  1. Legal practitioner as officer of the court

Every legal practitioner while retained for a case in a magistrate’s court shall be an officer of the court and when retained for a matter other than a proceeding in court, which subsequently develops into a proceeding in court, he shall be deemed to have been an officer of the court from the date of his original retainer.

  1. Stay of proceedings where order for costs is not complied with Where the court orders cost to be paid, or security to be given for costs by any party, the court may, if it thinks fit, order all proceedings by or on behalf of that party in the same suit or proceeding, or connected therewith, to be stayed until the costs are paid or security given accordingly, but such order shall not supersede the use of any other lawful method of enforcing payment.
  2. Security for costs

(1)     In all proceedings the court may either of its own motion or on the application of any defendant, if it sees fit to require any plaintiff to any suit, either at the commencement or at any time during the progress thereof, to give security for costs to the satisfaction of the court, by deposit or otherwise, or to give further or better security, and may likewise require a defendant to give security, or further and better security, for the costs of any particular proceeding undertaken in his interest.

(2)     The general principle to be applied by the court when ordering a plaintiff to give security for costs is that no person shall be precluded on the ground of poverty from commencing an action except in special circumstances such as where the plaintiff does not reside, or is only residing temporarily in Lagos, or where the plaintiff has already failed to pay costs awarded against him.

[Order 19.]

A defendant shall not be ordered to furnish security for costs except in special circumstances, for example, where he is pursuing a distinct counterclaim or applies for a transfer of the action to the High Court although the action is within the jurisdiction of the magistrate’s court.

  1. Mode of giving security

Rules 9, 10 and 11 of Order 21 shall be followed when security for costs is to be given by bond or by a deposit of money.

ORDER 20—RECEIVERS

  1. Appointment

(1)     Where before, or at the hearing of any proceedings it appears to the court expedient that a receiver be appointed, such an appointment may be made by the magistrate of his own motion or on application.

(2)     The order shall be in such one of the Forms in the Appendix as is applicable to the case.

  1. Receiver to give security

Every receiver other than an officer of the court shall, unless otherwise ordered, give such security to the registrar for the faithful discharge of his duties, and the payment over of money, as the magistrate shall direct.

  1. Remuneration

Every receiver shall, unless otherwise ordered, be allowed proper remuneration.

  1. Accounts

(1)     Every receiver shall deliver at the registry of the court for examination by the registrar such accounts at such time or times as the magistrate may direct.

(2)     Every such account shall unless otherwise ordered be verified by affidavit.

(3)     When any such account has been delivered, the registrar shall fix a time for the passing of the account and shall give notice thereof to the receiver and to the parties in Form 55.

  1. Passing account

At the time appointed for the passing of the account, the receiver and any party may, and if required by the registrar shall, attend at the registry and the registrar may require the receiver to produce any vouchers necessary for verifying the account and may disallow any item not proved to his satisfaction.

[Order 20.]

  1. Registrars certificate The registrar shall after examining the account make and sign a certificate stating the result of the examination.
  2. Review by magistrate The receiver or any party dissatisfied with the allowance or disallowance by the registrar of any item in the account may apply to the magistrate on notice for a review of the registrar’s decision and the magistrate may make such order on the application as he thinks fit.
  3. Payment of balance into court

Any balance certified to be due from the receiver shall, subject to the next succeeding rule, be paid into court within seven days of the date of the registrar’s certificate.

  1. Payment direct to party entitled

The magistrate may at any time order the receiver to pay over to the party entitled to the beneficial interest or to the guardian of any infant any accruing rents or interest instead of paying them into court, and may authorise the receiver to take credit for such payments in his accounts.

  1. Default by receiver

Where any receiver has failed to deliver or pass any account or to make any payment certified to be due from him, the magistrate may require the receiver to attend before him to show cause why such default has been made and may make such order as he thinks fit, including a direction to charge the receiver with interest at five per cent per annum on any balance which has remained in his hands for more than seven days from the date on which it was certified to be due or the magistrate may discharge the receiver and appoint another and make such order as to costs as he thinks just.

ORDER 21—MISCELLANEOUS

  1. Practice to comply with rules

No practice which is inconsistent with these rules shall prevail in any magistrate’s court.

  1. Forms The Forms in Appendix 1 denoted by the numbers and the Forms in Appendix 2 denoted by capital letters shall be used wherever applicable with such variations as circumstances may require:

Provided that no Form shall be varied in such a way as to impose on any party, officer of the court or other person an obligation to which he is not subject by virtue of the Law or these rules or otherwise by law.

  1. Notices

All notices required by these rules shall be in writing unless expressly authorised by the court to be given orally.

  1. Computation of time

(1)     Where anything is required by these rules to be done within a specified period of or after the happening of a particular event, the period shall be computed from the end of the day on which the event happens unless the period is expressed to be inclusive of such day.

(2)     Where anything is required by these rules to be done within a period not exceeding forty-eight hours or where a period not exceeding forty-eight hours is required by these rules to elapse between the doing of an act and the happening of a particular event, no Sunday and no day on which the registry of the court is closed shall be included in the computation of that period.

(3)     Where the time prescribed for doing any act expires on a Sunday or any other day on which the registry of the court is closed and by reason thereof the act cannot be done on that day, the act shall be in time if done on the next day on which the registry of the court is open.

  1. Legal practitioner acting for party

(1)     Where a legal practitioner signs on behalf of a plaintiff the praecipe or the particulars required for the entry of a plaint or signs on behalf of the defendant a memorandum of acceptance of service of a summons, or a defence, counterclaim or admission, the legal practitioner shall be considered the legal practitioner for the plaintiff or defendant as the case may be until the action is finally concluded or notice of change of legal practitioner is given in accordance with this rule.

(2)     Where a party for whom a legal practitioner has acted desires to change his legal practitioner, he or the new legal practitioner shall give not less than forty-eight hours’ notice to the registrar and to every other party of the appointment of the new legal practitioner with the new legal practitioner’s address for service. Form 47. Where a party for whom a legal practitioner has acted desires to act in person, he shall give notice to the registrar stating his intention to act in person and giving an address for service.

[Order 21.]

(4)     Where a legal practitioner who is acting for a party desires to withdraw before the action or matter is concluded, he shall apply to the court for leave to withdraw and shall give reasons for his application and the court may, if it deems proper, grant such leave.

(5)     Any rule which requires as many copies of documents as there are plaintiffs or defendants to be filed, served, delivered, sent or given, shall be sufficiently complied with, as regards two or more plaintiffs or defendants represented by the same legal practitioner, if one copy of the documents is filed, served, delivered, sent or given in respect of the plaintiffs or defendants so represented.

(6)     This rule shall apply to matters as it applies to actions, with the necessary modifications.

  1. Officer not to sign ledger on behalf of party

No registrar or other officer of a magistrate’s court shall—

(a)     sign a ledger or any other book of the court, or receive money, on behalf of any party to proceedings in the court; or

(b)     become a surety in any proceedings where security is required.

  1. Payment of court fees

Any obligation imposed by these rules on the registrar of this court to do any act at the instance of any party to proceedings in the court shall be subject to the provisions of Order 19 requiring the payment of a court fee on the proceedings, and accordingly the registrar may, notwithstanding anything in these rules, postpone the doing of the act until any obligation to pay fees has been discharged.

  1. Expense of advertisements

The expense of advertisement in any proceedings in the court shall be borne in the first instance by such party as the court may direct, and shall be paid to the registrar before the advertisement is inserted.

  1. Security Where by or under any Law or rule any person is required to give security in relation to proceedings in the court, then subject to any express provision in any Law or rule—

(a)     the security shall be given by a deposit of money or by a bond; and

(b)     the amount of the security and the number of sureties (if any) shall be fixed by the magistrate; and

(c)     the person giving the security shall give it at his own expense.

  1. Deposit

Where security is given by a deposit of money, the following provisions shall apply—

(a)     The person giving security shall deposit the money in the registry of the court and shall file a memorandum signed by him or his legal practitioner and approved by the registrar stating the conditions on which the deposit is made.

(b)     Upon the deposit being made, the registrar shall give to the person making the deposit a certificate in Form 48, and to all other parties notice in Form 49;

(c)    The magistrate may order the money to be paid out at such time and to such person as he thinks fit.

  1. Bond

Where security is given by a bond, the following provisions shall apply—

(a)     The bond shall be given by the person giving security and by the sureties (if any are required);

(b)     Where the bond is to be given by the person giving security and sureties—

(i)      each surety shall make an affidavit in Form 51, unless all parties agree to dispense with an affidavit; and

(ii)     the registrar shall give notice to the parties in Form 52, and shall state in the notice to the obligee that any objection which he may have to make to the sureties or any of them must be made on the day stated in the notice; and [Form 52.]

(iii)    the bond shall be executed in the presence of the registrar or of an officer of the court appointed by the Chief Judge to take affidavits; and

(iv)    no officer of the court shall become surety to a bond;

(c)     The bond shall be deposited with the registrar until the proceedings are finally disposed of.

  1. Duplicates

In the event of any warrant, order or other document issued by the court being lost or destroyed, a duplicate thereof may be issued from time to time upon proof by affidavit or otherwise, to the satisfaction of the magistrate, of the loss or destruction of the document.

  1. Copies

A copy of any document in the custody of the court shall be prepared by the registrar for any person entitled to require it.

  1. Impounding documents

(1)     The court may order any document put in evidence at any stage of an action or matter to be impounded.

(2)     A document which has been impounded shall not be delivered out of the custody of the court or inspected, except on an order signed by the magistrate: Provided that upon the request in writing of a Law Officer of the Lagos State the impounded document shall be given into the custody of such Law Officer.

  1. Married woman as next friend, etc.

A married woman may act as next friend or guardian.

  1. Filing

No document shall be filed unless it bears the reference number of the proceedings and the names of the parties and unless the prescribed fee has been paid.

  1. Interpreters

Persons appointed as interpreters to the court shall be sworn on first appointment and need not be sworn at each trial thereafter.

  1. Custody of records All books and records kept for the purposes of the Law shall remain in the custody of the court, but may be removed by leave of the magistrate.

ORDER 22 – CUSTODY OF MONEY [Order 22.]

  1. Registrar to take charge of fees and other payments All fees payable in respect of civil proceedings under the Law, and all penalties, forfeitures and fines imposed thereunder, or under any other Law, if not by the relevant Law directed to be otherwise applied, shall be paid to the registrar and accounted for by him to the Accountant-General of the Lagos State.
  2. Registrar to account to Accountant-General

The registrar of every court from time to time as often as he shall be required so to do by the Accountant-General of the Lagos State, shall account in full to the said Accountant-General for all moneys which have been received by him under these rules and shall produce for examination al] books and papers which the said Accountant-General shall consider necessary for the elucidation of such accounts and the proper checking thereof.

[Order 22.]

  1. Audit of registrars accounts

All accounts kept by a registrar shall be audited at such time and in such manner as the Auditor-General of Lagos State may require.

  1. Registrar to enter all moneys in Cash Book

All moneys coming into the hands of the registrar of every court in the course of the business of the court including deposits and payments into court shall be entered into a book to be kept for that purpose, to be called the Cash Book, which shall record the number of the cause in respect of which each sum is paid, and (in the case of civil actions or matters) the folio of the plaint in the Civil Cause Book. Every entry in the Cash Book shall show whether the payment is made by plaintiff or defendant, and whether for court fees, fine, penalty, forfeiture, award, or costs as the case may be.

  1. Registrar to comply with financial instructions

All moneys coming into the hands of the registrar of every court in the course of the business of the court shall be retained, deposited and paid out in accordance with the provisions of the Government financial instructions or regulations for the time being in force.

APPENDIX 1

LIST OF FORMS

  1. Praecipe for Summons against Defendant.

1a.     Originating Application.

  1. Civil Cause Book of Magistrate’s Court.
  2. Plaint Note (Ordinary Action or Matter).
  3. Plaint Note (Default Action).
  4. Undertaking by Next Friend to be responsible for Defendant’s Costs.
  5. Ordinary Summons.

6a.     Admission. Counterclaim. Special Defence.

6b.     Notice to plaintiff in Ordinary Action of Admission of Whole or Part of the Claim.

  1. Default Summons.

7a.     Form of admission, Defence and Counterclaim to accompany Form 7.

  1. Application for Default Summons (Affidavit).
  2. Praecipe for Entry of Judgement in Default Action.
  3. Notice to Respondent of Day on which Matter will be heard.
  4. Notice to Parties in Default Action of Day fixed for hearing.
  5. Notice to Plaintiff in Default Action of Admission of Whole or Part of Claim.

12a.   Notice to Plaintiff Action of Day fixed for Disposal.

13      Notice to Defendant in Default Action of Day fixed for Disposal.

  1. Order for Substituted Service.
  2. Substituted Service, Notice in Gazette or Newspaper or Posting Up in Public Place.
  3. Affidavit of Service.
  4. Order to Adjourn Proceedings.
  5. Notice of Day fixed for hearing after General Adjournment.
  6. Interlocutory Injunction.
  7. Order for Consolidation.
  8. Undertaking by Defendant Applying for Stay of Proceedings.
  9. Order to Stay Proceedings.
  10. Notice to Plaintiffs in Other Actions for Stay of Proceedings.
  11. Notice of Discontinuance of Proceedings or Withdrawal of Part of Claim.
  12. Judgment for Costs against Plaintiff on Discontinuance or Withdrawal of Part of Claim, or Failure to give Security.
  13. Order of Reference of Proceedings, or Question, for Inquiry and Report.

26a.   Reference as to Constitution.

  1. Order to bring up Prisoner to give Evidence.
  2. Notice to Defendant of Acceptance by Plaintiff into Court.
  3. Judgment for Plaintiff for Costs where Whole Claim Paid or Amount Paid into Court accepted in satisfaction.
  4. Notice to a Defendant sued jointly or in the alternative of Payment into Court by a Co-Defendant.
  5. Summons to Witness to give Oral Evidence.
  6. Summons to Witness to produce Documents.
  7. Order Fining a Witness for Non-attendance.
  8. Notice to Witness who has failed to attend.
  9. General Form of Affidavit.
  10. Judgment where Counterclaim has been made.
  11. Judgment for Plaintiff (Single Payment).
  12. Judgment for Delivery of Goods.
  13. Judgment for Delivery of Goods.
  14. Application for New Order.
  15. New Order.
  16. Order Suspending Judgment, Order, Execution of Order of Commitment or for Discharge of Debtor.
  17. Certificate of Judgment or Order.
  18. Notice of Payment into Court under Judgment or Order.
  19. Judgment for Defendant, or Nonsuit.
  20. Order for Costs against Plaintiff where he does not appear.
  21. Notice of Change of Legal Practitioner.
  22. Certificate of Deposit.
  23. Notice of Deposit having been made.
  24. Bond by Person giving Security
  25. Affidavit of Surety.
  26. Notice by Registrar of Day and Hour upon which Bond to be executed.
  27. Order appointing Receiver of Partnership.
  28. Interim Order for Appointment of Receiver.
  29. Notice to Receiver and Parties of Time fixed for passing Receiver’s Accounts.
  30. Order for Defendant to defend on behalf of Others having the same Interest.
  31. Notice to Persons on whose behalf Defendant has obtained leave to defend.
  32. Notice to Plaintiff that Defendant defends on behalf of Others.
  33. Third Party Notice.
  34. Affidavit on Application on behalf of Infant or Person of unsound mind for appointment of Guardian ad litem.
  35. Order appointing Guardian ad litem.

APPENDIX 2

OTHER FORMS

  1. General Form of Title of Proceedings.
  2. Certificate of Judgment or Order.
  3. Application to obtain Order to bring up Prisoner to give Evidence.
  4. Order of Magistrate, Referring Proceedings to Arbitration.

APPENDIX 3

Fees Payable in the Magistrates’ Courts of Lagos:

Commencement of Causes and Matters. Applications, Affidavits, Judgments, Orders, Security Bonds, Warrants and Writs. Miscellaneous Services.

APPENDIX 4

forms to be editedfrom 118

Allowance to Witnesses.

APPENDIX 5

Legal Practitioners’ Charges.

APPENDIX 1

Civil Form 1

Praecipe for Summons Against Defendant

Order 2, Rule 6

In The Magistrate’s Court of Lagos

Entered , 20……………

No. of Plaint ………………..

Statement of Parties

  1. Plaintiff’s names in full, residence or place of business, and occupation
  2. If a female, state whether married, single or a widow, and if married, state the full names of her husband
  3. If suing in a representative capacity, state in what capacity
  4. If an infant required to sue by a next friend, state that fact, and names in full, residence or place of business, and occupation of next friend

5        If an assignee, state that fact, and name, address and occupation of assignor

6        If co-partners suing in the name of their firm, add ―(Suing as a Firm)‖

  1. If a company registered under the Companies and Allied Matters Act, state the address of the registered office and describe it as such
  2. Defendant’s surname, and (where known) his names in full; his residence or place of business (if he is a proprietor of the business)
  3. Whether male or female, and if female, whether married, single, or a widow
  4. Whether an infant (where known)
  5. Occupation

12      If sued in a representative capacity state in what capacity

  1. If co-partners are sued in the name of their firm, or a person carrying on business in a name other than his own name is sued in such name add ―(Sued as a Firm)‖
  2. If a company registered under the Companies and Allied Matters Act is sued, the address given must be the registered office of the company, and must be so described
  3. Whether service on any defendant out of the jurisdiction is necessary
  4. Whether an ordinary summons or a default summons is requested
  5. Address for service within the jurisdiction What the claim is for

N                 k

Amount claimed

Fee on entering plaint

Other costs

Where plaintiff sues by legal practitioner, enter legal practitioner’s name and address for service here—

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

Note—You can obtain help in completing the form at the Registrar’s office at the Magistrate’s Court.

Civil Form 1a

Originating Application

Order 2, Rule 11

(General Title—Form A)

I, of (state address and occupation of applicant) apply to the court for an order in the following terms— (here state the terms of the Order to which the applicant claims to be entitled)

The grounds on which I claim to be entitled to the Order are— (here state the grounds upon which the Order is claimed)

The names and addresses of the persons upon whom it is intended to serve this application are— (here state the names and addresses of the persons intended to be served) or it is not intended to serve any person with notice of this application.

My address for service is————————-(here state the applicant’s address for service)

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

(Signed)

Applicant

Civil Form 2

Civil Cause Book of Magistrates Court, Lagos

Order 2, Rules 8 and 11. Order 17, Rule 13 (3).

Order 18, Rule 1

Record Book of Civil Causes in the Magistrate’s court from the ………..day of ………., 20………. to the …… day of ………….., 20………………….

No. of Plaint or Application Date of filing Plaint or Application Name of Plaintiff (or Applicant) Name of Defendant (or Respondent Substance of Plaint or Matter Date of Judgment or final Order Minute of Judgment or final Order Magistrate adjudicating Costs Checked and Signed by Magistrate.

Civil Form 3

Plaint Note—(Ordinary Action or Matter)

Order 2, Rule 8

In the Magistrate’s Court of Lagos.

Between Plaintiff or Applicant and Defendant or Respondent

No. of Plaint or Matter Defendant or Respondent Fees Paid Plaint or Matter Hearing

The above action (or actions) or matter (or matters) was (or were) entered this day, and will be heard at on the …………… day of …………., 20 , at the hour of in the noon. Dated this day of , 20 Registrar

Note—bring this plaint note with you when you come to the court or the court office for any purposes connected with these proceedings.

On the day of hearing bring all books and papers necessary to prove your claim. Money will not be paid out of court except on production of this plaint note and on your or your representative’s personal attendance.

If you obtain a judgment against the defendant all money ordered to be paid thereunder must be paid into court and must not be received by you from the defendant unless the court directs payment to be made to you.

Civil Form 4

Plaint Note

Order 2, Rule 8

(Default Action)

IN THE MAGISTRATE’S COURT OF LAGOS

In the Magistrate’s Court of Lagos. Between Plaintiff and Defendant

No. of Plaint Defendant Fees Paid

Plaint Judgment Hearing

The above action (or actions) was (or were) entered this day and you will be entitled to judgement at the expiration of ten days from the date of the service of the summons, inclusive of the day of the service, unless the defendant within such period of ten days pays to the court the total amount of the claim and costs or delivers at the court office a notice of his intention to defend. If payment is made or a defence or admission is delivered you will be informed thereof by post, and unless payment is made in full, of the day and hour when the action will be heard or disposed of.

If no defence or admission is delivered, entry of judgement must be applied for within twelve months from the date of service of the summons after which period the action will be struck out.

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

………………………………

Registrar

To the Plaintiff

Bring this plaint note when you come to the court or to the court office for any purposes connected with these proceedings.

On the day of hearing bring all books and papers necessary to prove your claim. Money will be paid out of court only on production of this plaint note and on your or your representative’s personal attendance.

If you obtain a judgment against the defendant all money ordered to be paid thereunder must be paid into court and must not be received by you from the defendant unless the court directs payment to be made to you.

Civil Form 5

Undertaking by Next Friend to be Responsible for Defendant’s Costs Order 2, Rule 3

In the Magistrate’s Court

No. of Plaint

I, the undersigned of being the next friend of who is an infant/a person of unsound mind, and who is desirous of commencing an action in this court, against of hereby undertake to be responsible for the costs of the said in those proceedings, in the manner following;

namely, if the said fail to pay to the said when and in such manner as the court shall order, all such proceedings as the court shall direct him to pay to the said I will forthwith pay the same to the register of the Court.

Dated this ………… day of ……….., 20………….

……………………………

(Signed)

Signed by the above-named in my presence

Legal Practitioner (Address) or Commissioner for Affidavits

Civil Form 6

Ordinary Summons

Order 3, Rule 1

In the Magistrate’s Court

Plaint No.

Plaintiff and Defendant The Plaintiff claims—

N k

Debt or Damages (particulars are attached)

Court Fee

Other Disbursements Costs Total N

You are hereby summoned to appear at Magistrate’s Court (Address of Court) on the …………… day of ………….., 20……… , at o’clock in the noon when the claim will be heard.

To the Defendant.

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

………………………………….

Magistrate or Registrar

Note—Form 6a is attached. You are advised to read it carefully and to complete it and return it to the registrar of the court if you have a counterclaim or special defence or wish to admit the claim and thus save costs.

Your attention is also called to Order 3 Rules 4, 5 and 6 of the Magistrate’s court (Civil Procedure) Rules.

Civil Form 6a

Admission, Counter Claim, Special Defence

Order 3, Rule 1

In the Magistrate’s Court Plaint No………………………..

Between Plaintiff and Defendant

I admit the Plaintiff’s claim (or …………….N part of plaintiffs claim) Admission and I ask leave to pay the same with the costs on that amount, on the ………….. day of …………….., 20……………. (or by instalments of N per ) because

(1)     State why you cannot pay at once or I have a special defence (such as limitation of action, infancy, discharge under any written law, res judicata ), Special defence or I have a counterclaim or set-off against the plaintiff for N…………….. Counter claim or set-off for

To be signed here by defendant Defendant’s address for service in Lagos Dated this day of , 20

Note—Where the defendant admits the whole or part of the claim, his signature should be witnessed by a legal practitioner, or by the registrar or other officer to the court.

Civil Form 6b

Notice to Plaintiff in Ordinary Action of Admission of Whole or Part of the Claim

Order 3, Rule 7

(General Title—Form A)

To the Plaintiff

Take Notice that—

(1)     The defendant has delivered an admission of the whole of your claim (or N part of your claim) and proposes to pay the amount so admitted on the day of , 20 (or by instalments of N per month), because

(2)     If you do not elect to accept (the amount admitted in satisfaction of your claim and) the proposal as to payment, you should within three days of the receipt of this notice send a notice of non-acceptance to me and to the defendant, and attend the court on the day of hearing.

(3)     If you elect to accept (the amount admitted in satisfaction of your claim and) the proposal as to payment, you should send me notice of acceptance within three days of receipt of this notice. It will not be necessary for you to attend the hearing and on receipt of your notice of acceptance judgement will be entered in accordance with the admission and proposal of the defendant.

Registrar

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

Note—If a defendant or a plaintiff fails to deliver an admission or a notice of acceptance within the time specified above, he may nevertheless deliver an admission or notice of acceptance at any time before the return day, but he may have to pay any costs properly incurred in consequence of the delay.

Civil Form 7

Default Summons

Order 4, Rule 1

In the magistrate’s court of lagos (Title as in Form 6)

To the Defendant

The Plaintiff claims— N k

Debt (particulars are attached)

Court Fees

Other Disbursements

Costs

Total N

Judgement may be obtained against you and enforced without further notice unless within ten days of the service of this summons inclusive of the day of service you:

Pay the total amount of the claim and costs into court or Send to the court an Admission, Defence or Counterclaim for which the attached form should be used. Dated this day of , 20 Magistrate or Registrar Instructions

(1)     If you admit the claim or any part of it, pay the amount admitted and costs into court within ten days after service of this summons, inclusive of the day of service. If you require longer time for payment complete the form of admission attached.

(2)     If you dispute the claim or any part of it, complete the form of Defence attached.

(3)     If you have a claim against the plaintiff complete the form of Counterclaim attached.

(4)     After completing and signing the form, deliver it to the registrar of the court not later than ten days after service of this summons inclusive of the day of service. Unless you make an admission and proposal for payment which is accepted, you will receive notice from the court of a day on which you will have an opportunity of being heard on your proposal for payment, defence or counterclaim.

(5)     Delay in payment or in returning the form may add to the costs.

(6)     You can obtain help in completing the form at any Magistrate’s court office.

(7)     Payment otherwise than in cash to the registrar of the court is made at the payer’s risk.

Civil Form 7a

Form of Admission, Defence and Counterclaim to Accompany Form 7

Order 4, Rule 3

In the Magistrate’s Court of Lagos

No. of Plaint.

I admit the plaintiff’s claim (or N part of plaintiff’s claim), and I ask leave to pay the sum with the costs on that amount, on the ……….day of ……………, 20……….. [Admission.] (or by instalments of N per) ) because

(1) ………………………………. [(1) State why you cannot pay at once.] or I have a special defence (such as limitation of action, infancy, discharge under any written [Defence.] law, res judicata) or I dispute the plaintiff’s claim (or N part of the plaintiff’s claim) because

(2)…………………………………. [(2) State shortly the facts you wish to put before the Court.] or I have a counterclaim or set-off against the plaintiff for N for [Counter claim.]

To be signed here Defendant Defendant’s address for service in Lagos Dated this ………….. day of …………., 20…….

Note—Where the defendant admits the whole or part of the claim, his signature should be witnessed by a legal practitioner, or by the registrar or other officer of the court.

Civil Form 8

Application for Default Summons (Affidavit)

Order 4, Rule 2

In the Magistrate’s Court of Lagos

I, A.B., of ……………………………………………. make oath that C.D. of …………………………………………….. (address and occupation) is indebted to me in the sum of N for and I further say that C.D. is not—

(a)     an infant or a person of unsound mind or a lunatic; or

(b)     an outdoor servant or a person engaged in manual labour or the wife of such a servant or person; or

(c)     a person residing out of the jurisdiction of the court, and that the claim is not—

(1)     to recover money lent by a moneylender as defined in the Moneylenders Law, or interest on money so lent, or to enforce any agreement made or security taken in respect of money so lent;

(2)     on behalf of an assignee of a debt or other thing in action; or

(3)     to recover money secured by a mortgage or charge. (Signed) A.B.

Sworn on the before me

Commissioner for Affidavits

Note—When this affidavit is made by a clerk alter the form accordingly and add the following:

“That I am a person in the employ of A.B., and that I am duly authorised by him to make this affidavit, and that it is within my own knowledge that the aforesaid debt was incurred, and for the consideration above stated, and that such debt, to the best of my knowledge, and belief, still remains unpaid and unsatisfied.

Civil Form 9

Praecipe for Entry of Judgement in Default Action

Order 4, Rule 5

(General Title—Form A)

I Hereby request that judgement in default be entered against the defendant ………………………………………………………

(name the defendant, or if there are more defendants than one and it is desired to enter judgement against some or one only, name them or him), payable forthwith or on the day of or by instalments of N……………………………………… for every the first instalment to be paid on the day of …………………….., 20……………………

N k………………….. Amount of claim as stated in summons Amount (if any) since received by plaintiff Balance of claim for which judgement to be entered Court fees entered on summons

N k ………………………………………. Costs entered on summons Costs (if any) on entering judgment

Total

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

Plaintiff or Plaintiff’s Legal Practitioner

To the Registrar of the Court.

Civil Form 10

Notice to Respondent of Day on which Matter will be Heard

Order 2, Rule 11

(General Title—Form A)

Take notice that this matter will be heard at a court to be holden at on the ………………. Day …………….. of 20……………. , at the hour of in the noon, and that if you do not attend at the time and place above-mentioned, such order will be made as the magistrate thinks just. A copy of the originating application is hereto annexed. Dated this …………….. day of ……………………………. , 20 ………………………….

Registrar

Civil Form 11

Notice to Parties in Default Action of Day Fixed for Hearing

Order 4, Rules 6, 7, 8

(General Title—Form A)

Take notice that this matter will be heard at a court to be holden at …………………………………………………………………….

on the …………………………. day of …………………………. 20 ………………. , at the hour of in the noon, and that if you do not attend at the time and place above-mentioned, such order will be made in your absence as the court thinks just.

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

……………………………….

Registrar

Civil Form 12

Notice to Plaintiff in Default Action of Admission of Whole or Part of Claim

Order 4, Rule 7

(General Title—Form A)

To The Plaintiff Take notice that the defendant has delivered an admission of the whole of your claim (or N…………………………… part of your claim) and asks leave to pay the same with the costs on the …………………….. day of ……………………………….. , 20………………………… (or by instalments of N per ) because if you elect to accept the amount admitted in satisfaction of your claim and the proposal as to payment, you should within five days of the receipt of this notice send me notice of acceptance and on receipt of your notice of acceptance judgment will be entered in accordance with the admission and proposal of the defendant if you do not elect to accept the amount admitted in satisfaction of your claim and/or the proposal as to payment, you should within five days of the receipt of this notice send me notice of non-acceptance. The court will then fix a day on which the action will be heard or disposed of and give notice to all parties. Dated this day …………………. of ……………………………, 20 ……………………….

…………………………………

Registrar

Civil Form 12a

Notice to Plaintiff in Default Action of Day Fixed for Disposal

Order 4, Rule 7

(General Title—Form A)

To The plaintiff Take notice that you should attend at on the …………..day of ……………., 20 at o’clock, when judgement will be entered and the decision of the court will be given as to the date of payment or the instalments by which payment is to be made.

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

……………………….

Registrar

Civil Form 13

Notice to Defendant in Default Action of Day fixed for Disposal

Order 4, Rule 7

(General Title—Form A)

To The Defendant

Take notice that the Plaintiff has not accepted your offer and that, in support of your request to be allowed time to pay the claim and costs, you should attend at ………………………… on the …………….. day of …………………, 20…………… , at o’clock when judgement will be entered and the decision of the court will be given as to the date of payment or the instalments by which payment is to be made.

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

………………………….

Registrar

Civil Form 14

Order for Substituted Service

Order 6, Rule 2

(General Title—Form A)

Upon reading the Affidavit of sworn upon the ……………. day of ………….., 20 …………. It is ordered that a ………………… issued in this action together with a copy of this Order be served on some inmate of or 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 issued in this action 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 that notice of the be published in the Gazette), (or that notice of the be published in the newspaper in (number) separate issues), (or that a copy of the in this action (or matter) shall be affixed to the 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 by the court).

Ordered this ……………… day of …………….., 20…………….

……………………………..

Magistrate

Civil Form 15

Substituted Service, Notice in Gazette or Newspaper or Posting up in Public Place

Order 6, Rule 2

In the Magistrate’s Court of Lagos

Suit No.

Take notice that an action has been commenced against you in the above court by ……………………………………

of ……………………………………………………………. for ………………………………….. and that an order has been made that publication of a notice of the entry of such action (in the Gazette or the newspaper, or by posting up at ) shall be deemed to be good and sufficient service of the summons (or ) on you. The action will be heard at …………………… on the ……………………….. day of …………………, 20………………… at the hour of ………………… in the noon, on which day you are to appear, and if you do not appear either in person or by legal practitioner you will be bound by any decision or order given or made in the proceedings.

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

…………………………………

Registrar

Civil Form 16

Affidavit of Service

Order 6, Rule 7

(General Title—Form A)

I, of make oath and say as follows—

  1. That I am over sixteen years of age and

(a)     am a bailiff of the court (or a member of the Police Force); or

(b)     have been designated by the Magistrate to serve the a true copy of which is annexed hereto and marked ―A.

  1. That I did on the ………….. day of …….., 20………… serve the a true copy of which is annexed hereto and marked ―A, on the defendant

(a)     by delivering the same to the said defendant personally, at ………………………………; or

(b)     by delivering the same at ……………………………. To ………………………………..  who stated that he was a partner in the defendant firm (or who carried on) (or who stated that he carried on) business in the name of the defendant firm), (or (c) by delivering the same at to a person who did not give his name but stated that he was a partner in (or carried on business in the name of) the defendant firm); or

(d)     by delivering the same at being the principal place of business of the defendant firm in Lagos to the person who had or appeared to have the control or management of the business there); or

(e)     by delivering the same at to a legal practitioner who represented that he was authorised to accept service on behalf of the defendant and who at the time of such delivery endorsed upon the copy summons retained by me a memorandum that he accepted service thereof on behalf of such defendant.

Endorse the copy of the summons or other process thus—

This paper marked ―A‖ is a true copy of the summons or other process referred to in the annexed affidavit. This affidavit must be filed within three days after the day of service.

Civil Form 17

Order to Adjourn Proceedings

Order 10, Rule 4 (2)

(General Title—Form A)

It is hereby notified that the hearing of this action (or matter) (or judgment summons) has been adjourned until the …………. day of …………, 19…………. , at the hour of ………………..in the noon.

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

…………………………..

Registrar

Civil Form 18

Notice of Day fixed for Hearing after General Adjournment

Order 10, Rule 4 (3)

Take notice that the hearing of this action will take place on the ……………. day of ……………, 20………… at the …………… hour of in the noon.

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

………………………….

Registrar

Civil Form 19

Interlocutory Injunction

Order 10, Rule 7

In the Magistrate’s Court of Lagos

No. of Plaint

Between A.B. ……………… Plaintiff and

C.D. …………………………….. Defendant

The plaintiff undertaking by his legal practitioner to abide by any order this court may make as to damages, in case this court shall hereafter be of opinion that the defendant shall have sustained any …………… by reason of this order, which the plaintiff ought to pay. Now, therefore the defendant in this action, by himself, his servants, workmen and agents, or otherwise is hereby strictly enjoined and restrained from until the day after the day upon which this action shall be heard, or until further order, or until the day of ……………., 20………….. , upon which day this court will consider whether this order shall be further continued.

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

…………………………………

Magistrate

Notice as to Consequences of Disobedience to Order of Court

To C.D………………………….. of………………………………………….

Take notice, that unless you obey the directions contained in this order you will be guilty of contempt of court and will be liable to be committed to prison.

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

…………………………………….

Registrar

Civil Form 20 – Order for Consolidation

Order 11, Rule 1

In the Magistrate’s Court of Lagos

No. of Plaint

Between A.B………………………… Plaintiff and

C.D…………………………………. Defendant and

No. of Plaint

Between A.B. or E.F………………………………. Plaintiff and

C.D. or G.H…………………………… Defendant (Add the plaint numbers and titles of all the actions or matters to be consolidated.)

It is ordered that these actions or matters be consolidated and do proceed as one action or matter (add any special terms).

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

………………………………………

Magistrate

Civil Form 21

Undertaking by Defendant applying for Stay of Proceedings

Order 11, Rule 2

(General Title of every action to which the undertaking relates)

Whereas the above-mentioned actions or matters have been brought in this court by the said ……………………………… and against me, and the several cause of action arise out of the same alleged breach of contract (or wrong or other circumstances). Now, therefore, I undertake to be bound, so far as my liability in the said actions is concerned, by the judgement of the court, in such one of the actions as may be selected by the Magistrate.

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

………………………………

Defendant

Civil Form 22

Order to Stay Proceedings

Order 11, Rule 2 (Titles as in form 21)

Whereas the above actions have been commenced in this court against the said ………………………. in respect of causes of action arising out of the same alleged breach of contract (or wrong or other circumstances). And whereas the said …………………….. has filed an undertaking to be bound so far as his liability to the plaintiffs and in the said actions is concerned, by the decision of the court in one of such actions. It is ordered that the action be stayed until judgement shall have been given in the action. And it is further ordered that the costs of this application and of the order thereon be costs in the action. And it is further ordered that this order shall be served on the said …………….. and ………………………

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

……………………………

Magistrate

Civil Form 23

Notice to Plaintiffs in other Actions of judgement In Selected Action

Order 11, Rule 3 (2), 4 (2)

In the Magistrate’s Court of Lagos

No. of Plaint ………………………………….

Between A.B. …………………………….. Plaintiff and

C.D…………………………………. Defendant and

No. of Plaint

Between E.F……………………….. Plaintiff and

C.D………………………………………… Defendant

Whereas on the …………………… day of ………….., 20………….. it was ordered that the above-mentioned action of …………… should be stayed until judgement should have been given in the above mentioned action of …………….. Take notice that on the …………. day of ………………., 20……………… judgement was given in the said action of ……………… in favour of the defendant. And further take notice that the said defendant will be entitled to his costs of the above- mentioned action of ……………………… up to date of the said order of the …………….. day of …………….., 20…………….. unless you, the said ………………………….. shall on or before the –

(1)     …………………[(1) One month from date of judgment in selected action.] day of……………. , 20…………… give to me written notice to set down the action of …………………… for hearing.

(2)     (Take notice that on the …………………… day of ………., 20……… [(2) Or, if judgement in selected action was given for plaintiff, proceed as follows.] judgement was given in the said action of …………………… in favour of the plaintiff. And further take notice that you will be at liberty to proceed with the action of …………………….. for the purpose of ascertaining and recovering the debt (or damage) and costs, and that if you desire so to proceed you must, on or before the ……………………. (1) day of , 20 give to me written notice to set down the action of …………………. for hearing.)

Dated this ………… day of ……………, 20……………

To the above named plaintiff.

………………………….

Registrar

Civil Form 24

Notice of Discontinuance of Proceedings or withdrawal of part of claim

Order 12, Rule 1

(General Title—Form A)

Take notice that I shall not proceed further in this action or matter and that I hereby withdraw from the same (add, if so, as against the defendant ) (Or take notice, that I hereby withdraw so much of my claim in this action or matter as relates to (specify the claim which is withdrawn, and add, if so) as against the defendant )

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

………………………………

Plaintiff

Civil Form 25

Judgement for Costs against Plaintiff on Discontinuance or Withdrawal of Part of Claim, or Failure to give Security

Order 12, Rule 2

(General Title—Form A)

The Plaintiff having by notice in writing dated the ………… day of ………….., 20………….. wholly discontinued this action(or matter) (or withdrawn so much of his claim in this action (or matter) as relates to ) (Or the plaintiff having failed to comply with an order requiring him to deposit the sum of N…………… as security for the defendant’s cost of this action). It is adjudged that the defendant do recover against the plaintiff the sum of N………….. for costs. And it is ordered that the plaintiff do pay the said sum of N……………. to the registrar of this court forthwith.

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

………………………………..

Magistrate

Civil Form 26

Order of Reference of Proceedings, or Question, for Inquiry and Report

Order 13, Rule 1

(General Title—Form A)

It is ordered that these proceedings and all questions arising therein (or the following question arising in these proceedings, namely ……………………… (state the question) ) be referred to the registrar of this court (or to Mr of …………………. ) for inquiry and report, pursuant to section of the (Add directions, if any, as to how reference is to be conducted.) And it is ordered that the registrar (or referee) is to complete his inquiries and file his report and give notice to the parties by the ………………. day of ……………….., 20……………. unless the time is further enlarged by the court. And it is further ordered that these proceedings stand adjourned for the consideration of the report until the ………………… day of …………….., 20……………. at the hour of …………….. in the noon, or, if the time for filing the report be enlarged, to such later day as may hereafter be fixed.

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

………………………….

Magistrate

Civil Form 26a

In the High Court of Lagos State Reference as to Constitution

Order 7, Rule 4

No. of Plaint………………………

Between Plaintiff and Defendant

This is an action

  1. The plaintiff alleged
  2. The defendant answered
  3. The plaintiff replied
  4. After hearing the parties and evidence adduced on each side the court found that the following matters were established as facts— First that
  5. The following question as to the interpretation of the Constitution arose in these proceedings, namely …………
  6. The above stated question of law is referred for the decision of the High Court of Lagos State.

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

……………………….. Magistrate

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

Civil Form 27

Order to Bring up Prisoner to Give Evidence

Section 47 and Order 15, Rule 9 (General Title—Form A)

To (Officer who has custody of prisoner)…………………..

Whereas the ………………… has made application to me, for the order under section 47 of the Magistrate’s Courts Law to bring up before this court ……………………… who it is said is detained as a prisoner in your custody, to be examined as a witness on behalf of the said ……………………….. in the above action. You are therefore, by this order issued pursuant to the said section, required upon tender made to you of a reasonable sum for the conveyance and maintenance of a proper officer or officers, and of the said ……………… in going to, remaining at, and returning from this court, to bring the said ……………… before this court at ………………… on the ………….. day of …………, 20…………. at the ………………… hour of in the noon, then and there to be examined as a witness on behalf of the said ……………. and immediately after the said …………… shall have given his testimony before this court, you are required safely to conduct him, the said ……………… to the place from which he shall have been brought under this order.

Dated this ………… day of …………, 20……………

………………………………..

Magistrate

Civil Form 28

Notice to Defendant of Acceptance by Plaintiff of Payment into Court

Order 14, Rules 1 and 9

(General Title—Form A)

Take notice that the plaintiff (or judgement creditor) has accepted the sum of N……… paid into court in satisfaction of his claim in the above action (or in respect of his cause of action for ).

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

……………………………………..

Registrar

Civil Form 29

Judgment for Plaintiff for Costs where Whole Claim Paid or Amount Paid into Court accepted in Satisfaction

Order 14, Rules 8 and 9 (General Title—Form A)

The defendant having paid into court the whole amount of the plaintiff’s claim (or the sum of N………….. paid into court by the defendant having been accepted by the plaintiff in satisfaction of his claim) and the plaintiff’s costs being N……………………… or having been taxed and allowed at the sum of N……….. It is adjudged that the plaintiff do recover against the defendant the sum of N…………………. for his costs (including the costs of entering judgment). And it is ordered that the defendant do pay the same to the Registrar of this court forthwith.

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

……………………………………

Magistrate

Civil Form 30

Notice to a Defendant Sued Jointly or in the Alternative of Payment into Court by a Co-defendant

Order 14, Rule 7

(General Title—Form A)

Take notice that the defendant has paid into court the sum of N………….. (on account of the plaintiff’s claim) (or in satisfaction of the plaintiff’s claim) or in satisfaction of the plaintiff’s cause of action for …………………. (add, if so, with a denial of liability or with a defence of tender before action).

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

……………………………………..

Registrar

Civil Form 31

Summons to Witness to give Oral Evidence

Order 15, Rule 5

(General Title—Form A)

You are hereby summoned to attend at ………………. on the day of ……………, 20………….. at the hour of ………….. in the noon, and so from day to day, until the above action is tried, to give evidence in the above action or matter. In default of your attendance you will be liable to forfeit forty naira if there was paid or tendered to you at the time of the service of this summons your reasonable expenses of travelling to and from the court together with a sum as compensation for loss of time according to the prescribed scale.

Dated this ………….. day of ……….., 20……

…………………………………

Magistrate or Registrar

To …………………………….. of ……………………

This summons was issued on the application of the (plaintiff or defendant). Sum to be paid or tendered to the witness— N

Civil Form 32

Summons to Witness to Produce Documents

Order 15, Rule 5

(General Title—Form A)

You are hereby summoned to attend at …………….. on the day of ……………, 20………… at the hour of ……………. in the noon, and so on from day to day, until the above action or matter is tried to give evidence in the above action or matter and also to bring with you and produce the several documents hereunder specified. (Here insert list of documents required to be produced).

In default of your attendance or of production by you of the several documents hereinbefore specified or any of them you will be liable to forfeit forty naira if there was paid or tendered to you at the time of service of this summons your reasonable expenses of travelling to and from the court together with a sum as compensation for loss of time according to the prescribed scale. (Where the witness is merely required to produce documents the words ―to give evidence in the above action or matter and also should be omitted.)

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

……………………………..

Registrar

To……………………………….. of ………………………….

This summons was issued on the application of the (plaintiff or defendant).

Sum to be paid or tendered to the witness— N…………………..

Civil Form 33

Order Fining a Witness for Non-Attendance

Order 15, Rule 7

(General Title—Form A)

Whereas ……………………………………………. Of ………………………………….. was duly summoned to appear as a witness in this action at a court holden on the ………………… day of ……………, 20…………. and at the time being so summoned, was paid (or tendered) his travelling expenses (add, if witness was not a judgement debtor on a judgement summons) and compensation for loss of time according to the scale of allowances prescribed:

And whereas he has refused or neglected without sufficient cause shown, to appear at the court (or to produce (describe what he was required by the summons and bound to produce)). Or whereas he has refused (to be sworn), or (to give evidence): Or whereas of being this day present in court, and being required by the court to give evidence in this action refused to be sworn (or to give evidence), it is hereby ordered that the said do forfeit N………. for such refusal or neglect. And it is ordered that the said do pay the sum of N……… to the registrar of this court on the ……….. day of …………., 20…………

Dated this …………… day of ………., 20………..

……………………………..

Magistrate

Civil Form 34

Notice to witness who has failed to attend

Order 11, Rule 7 (1)

Take notice that if you have any cause to show why you should not be required to pay a forfeit for your non-attendance as a witness summoned to attend this court this day you may show such cause in person or by affidavit or otherwise at the sitting of this court at …………………. on the ……………. day of …………… 20………, at the hour of ………. in the noon.

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

………………………….

Registrar

Civil Form 35

General Form of Affidavit

Order 16, Rule 1

(General Title—Form A)

I………………………………………………………………… (full names of deponent) of ………………………………………(residence of deponent, followed by his occupation) make oath and say as follows:-…………………………………………………………………. (Here set out, in numbered paragraphs , the facts deposed to.) * * * * Sworn at in the …………………………….. of this day of ……………, 20……………..

Before me

Commissioner for Affidavits

This affidavit is filed on behalf of ………………………………………….

Civil Form 36

Judgement where Counterclaim has been Made

Order 17, Rule 9 (General Title—Form A) It is adjudged that the plaintiff in this action do recover against the defendant the sum of N : for debt (or damages), and N : for costs, amounting to the sum of N : (or that judgement be entered for the defendant (or that a nonsuit be entered) in this action, and that the plaintiff do pay the sum of N , for the defendants costs). And it is further adjudged, that the defendant do recover on his counter : claim against the plaintiff the sum of N : for debt (or damages), and N : for costs, amounting to the sum of N : (or that judgement be entered for the plaintiff on the defendant’s counterclaim (or that the counterclaim be struck out) and that the defendant do pay the sum of N for the plaintiff’s costs of the said counterclaim). (If the same party succeeds both in the action and on the counterclaim proceed as follows) And it is ordered that ………………………………… do pay the registrar of this court the sum of ………………N , being the total amount adjudged against him as aforesaid in this action. (Or, if one party succeeds in the action and the other on the counterclaim proceed as follows) And it is ordered that the ……………….. do pay to the registrar of this court the sum of ………………..N , being the balance in favour of ………………………. after deducting the amount adjudged to the as aforesaid. And it is ordered that the said sum be so paid on ………………………….…………. day of ………….. , 20………, or by instalments of ………………..N for every , the first instalment to be paid on the …………. day of ………….. , 20……… In case default be made in payment of any instalment, according to this order, execution or successive executions may issue for the whole of the said sum and costs then remaining unpaid, or for such portion thereof as the court shall order.

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

………………………………

Magistrate

Civil Form 37

Judgement for Plaintiff (Single Payment)

Order 18, Rule 1

(General Title—Form A)

It is adjudged that the plaintiff do recover against the defendant the sum of …………………..N : for debt (or damages), and N……………….. : for costs, amounting to the sum of …………..N : (And the defendant having paid the sum of …………..N : into court (or to the plaintiff)) it is ordered, that the defendant do pay………………………. the sum of ……….. N : to the registrar of this court on the …………. day of ……………, 20………………………

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

Magistrate

Civil Form 38

Judgment for Delivery of Goods

Order 18, Rule 4

(General Title—Form A)

It is adjudged that the plaintiff do recover against the defendant the following goods of the plaintiff wrongfully detained by the defendant; that is to say (specify the goods which the court decides have been detained) of the value of N (and also the sum of N for damages for the detention of the said goods) and the sum of N for costs. AND it is ordered that the defendant do return the said goods to the plaintiff, or do pay the said sum of N their value to the registrar of this court on the day   for Plaintiff (Payment by Instalments) Order 18, Rule 7 (General Title—Form A) It is adjudged that the plaintiff do recover against the defendant the sum of N : for debt (or damages), and costs N : amounting together to the sum of N : And the defendant having paid the sum of N into court (or to the plaintiff ) : It is ordered that the defendant do pay the sum of N ,

to the registrar of this court by instalments of N for every ; the first instalments to be paid on the day of , 20 In case default is made in payment of any instalment according to this order, execution or successive executions may issue for the whole of the said sum and costs then remaining unpaid, or for such portion thereof as the court shall order. Dated this …………… day of ………….., 20………………….

………………………………

Magistrate

Civil Form 40

Application for New

Order Order 18, Rule 7

(General Title—Form A)

I hereby apply to the court for an order that the amount due and unpaid upon the judgement (or order) in this action paid by instalments of for every

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

Plaintiff or Plaintiff’s Legal Practitioner, or Defendant or Defendant’s Legal Practitioner

Date of judgment (or order)

How payment ordered

Amount of debt and costs

Amount remaining due

Civil Form 41

New Order

Order 18, Rule 7

(General Title—Form A)

Whereas the plaintiff obtained a judgment (or an order), against the defendant in this court on the day of , 20 for the payment of N together with N for costs, and in payment thereof (or of N part thereof) the defendant has made default: Upon the application of the plaintiff (or defendant) it is ordered that the defendant do pay the amount still due under the said judgment (or order), as stated at the foot of this order, to the registrar of this court, by instalments of N for every , the first instalment to be made on the ………….. day of ……………., 20……………..

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

………………………………..

Magistrate

N k

Amount remaining due on judgement (or order)

Unsatisfied costs of execution not included above and not payable out of moneys paid into court except under an execution against the goods of the defendant

In case default be made in payment of any instalment according to this order, execution or successive executions may issue for the whole of the said sum and costs then remaining unpaid, or for such portion thereof as the court shall order.

Civil Form 42

Order Suspending Judgment, Order, Execution of Order of Commitment or for Discharge of Debtor

Order 18, Rule 8

(General Title—Form A)

On the application of and the court being satisfied that the defendant is unable to pay and discharge the sum recovered against him in this action (or the instalments due under the judgment (or order) in this action). It is ordered that the said judgment (or order) be suspended (or that the execution issued in this action be suspended) (or that the order of commitment made in this action be suspended) for (state time) upon the terms following, namely— (state terms) (or that the defendant be discharged from custody under the order of commitment issued in this action upon the terms following, namely—state terms, including, if so ordered, liability to re-arrest if the terms are not complied with).

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

Magistrate Civil Form 43

Certificate of Judgment or Order

Order 18, Rule 1

In the Magistrate’s Court.

Copy of entries in the books of the court relating to the action matter of v. (No. of Plaint ) in which judgment was entered (or an order was made) in this court on the ………………. day of ……………….. , 20………………

Form and subject matter of action or matter

Name and address of party in whose favour judgment or order was given or made

Name and address or party ordered to pay money or to do or not to do a particular thing

Abstract of judgment or order and date when given or made

Abstract of judgment stating amount (if any) ordered to be paid, the rate of interest (if any) payable thereon, and the date from which it is payable, and particulars of any act ordered to be done or not to be done

I certify that the above is a true copy of entries in the books of this court relating to the action or matter above mentioned.

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

N.B.—This certificate is delivered for the purpose of (see rule 11).

Registrar Civil Form 44

Notice of Payment into Court under Judgment or Order

Order 18, Rule 14

(General Title—Form A)

I hereby give you notice that the defendant (or garnishee) has paid into court the sum of …………… N under the judgment (or order) obtained by you against him therein.

Note—When applying for the above amount you must produce the plaint note issued to you on the entry of the plaint.

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

……………………………

Registrar

Civil Form 45

Judgement for Defendant, or Nonsuit

Order 17, Rule 3 (1)

(General Title—Form A)

Upon the trial of this action at a court holden this day, it is adjudged that judgment be entered for the defendant (or that a nonsuit be entered), and that the plaintiff do pay the sum of ………………. N for the defendant’s costs. And it is ordered, that the plaintiff do pay the same to the registrar of this court, on the ……..day of……………… , 20……………….

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

…………………………….

Magistrate

Civil Form 46

Order for Costs Against Plaintiff where He does not Appear

Order 17, Rule 2 (1)

(General Title—Form A)

The plaintiff not having appeared at the hearing of this action (or matter) the proceedings have been struck out. And the defendant having appeared and not having admitted the claim: It is ordered that the plaintiff do pay the sum of N for the defendant’s costs. And it is ordered, that the plaintiff do pay the same to the registrar of this court, on the ………………. day of …………………. , 20…………………

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

…………………………………..

Magistrate

Civil Form 47

Notice of Change of Legal Practitioners

Order 21, Rule 5 (2)

(General Title—Form A)

Take notice that I who have hitherto employed ……………………………………. of ………………………………………. as my legal practitioner in the above-mentioned action or matter have ceased to employ him, and that my present legal practitioner is of whose address for service is ……………………………………………………

or Take notice that I, the undersigned ……………………………………………………………………………… (name and address of new legal practitioner) have been appointed to act as legal practitioner for the above-named plaintiff (or defendant) in the place of (original legal practitioner) and that my address for service is ………………………………………………………………..

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

………………………………..

(Signed)

Civil Form 48

Certificate of Deposit

Order 21, Rule 10

(General Title—Form A)

Seal

I hereby certify that ………………………………….. of ………………………………….. has paid into court the sum of …………………….. N by way of deposit as security for …………………………..

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

…………………………………..

Registrar

Civil Form 49

Notice of Deposit having been Made

Order 21, Rule 10

(General Title—Form A)

Take notice that …………………………. of ……………………. has paid into court the sum of …………….N by way of deposit as security for ………………………………

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

…………………………………..

Registrar

Civil Form 50

Bond by Person Giving Security

Order 21, Rule 11

(a) KNOW ALL MEN BY THESE PRESENTS that we of …………………… and of ………………….. and of ………………………………… are jointly and severally held and firmly bound to in the sum of ………………………………N naira to be paid to the said …………………………………………. or his certain attorney, executors, administrators or assigns; for which payment to be well and truly made we bind ourselves, and each and every one of us, in the whole, our and each of our heirs, executors and administrators jointly and severally, firmly by these presents. Sealed with our seals and dated this day of one thousand nine hundred and ………………..

Whereas (1) ……………………………………………………………………………………………………………….

[(1) Here recite the circumstances in which the bond is required.]

Now the condition of this obligation is such that if the above bounden do

(2) ……………………………………………………………………………………………………………….  then this obligation shall be void and of no effect, otherwise the same shall remain in full force and virtue. [(2) Here state the obligation undertaken.]

………………………………………………………………………………………………………………. Seal.

………………………………………………………………………………………………………………. Seal.

………………………………………………………………………………………………………………. Seal.

Signed, sealed and delivered by the above-bounden in the presence of Magistrate or Commissioner for Affidavits

Civil Form 51

Affidavit of Surety

Order 21, Rule 11 (b)

(General Title—Form A)

I, of one of the sureties for of make oath and say as follows—

  1. That I am a householder residing at (describe particularly the town or street and the number of the house, if any).
  2. That I am the owner of the property to the value of N (the amount of security fixed by the magistrate) over and above what will pay my just debts (and every other sum for which I am now surety).
  3. That I have not given bail or security in any other action or matter or for any other person (except for in the sum of N ……………………………………………………………
  4. That my property, to the value of the said sum of N (over and above all other sums for which I am now surety as aforesaid) consists of (state what property consists of).
  5. That I have for the last six months resided at …………………………………………………………………………………………………

Civil Form 52

Notice by Registrar of Day and Hour upon which Bond to be Executed

Order 21, Rule 11 (b)

(General Title—Form A)

Take notice, that I have appointed the  ……………… day of …………….. , 20……………… at the hour of …………. in the noon, at the Registry at the address stated below for the and his sureties to execute the bond proposed to be given in the above action.

(1)     (And further take notice, that if you have any valid objection to make to the sureties, or any of them, such objection must then be made). [(1) To be added to notice to obligee.]

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

To the  ……………………………………………………

Registrar

Civil Form 53

Order Appointing Receiver of Partnership

Order 20, Rule 1 (2)

(General Title—Form A)

Upon the application of  ………………………………………………………… and upon reading the affidavit of sworn on the …………. day of ………………………, 20………………. , and upon hearing, it is ordered that  ……………………………………………………………… of  ……………………………………………………………………………………… be appointed (if so ordered without giving security) to collect, get in, and receive the debts now due and outstanding and other assets and property belonging to the partnership business of at and out of the first moneys received to pay the debts due from the said business. And it is further ordered that the plaintiff and the defendant respectively do deliver over to the said all the stock-in-trade and effects of the said partnership, and also all securities in their or either of their hands for such outstanding partnership estate, together with all books and papers relating thereto. (And it is ordered that the said …………………………………. do on or before the …………………….. day of ………………………… , 20…………….. , give security in the sum of …………………….N). (Add, if so ordered, And the plaintiff undertaking to be responsible for the acts and defaults of the said receiver until such security is given, it is further ordered that the said receiver be at liberty to act at once.)

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

……………………………………….

Magistrate

Civil Form 54

Interim Order for Appointment of Receiver

Order 20, Rule 1 (2)

(General Title—Form A)

Upon the application of and upon reading the affidavit of sworn on the …………… day of ………. 20………. , and the plaintiff by his undertaking to be answerable for all sums to be received by the receiver hereinafter named. It is ordered that ……………………………………….. of ……………………………………………. be appointed without security until the …………. day of …………………….. , 20…………… , next inclusive or further order to receive the rents and profits of the following property, that is to say (specify the property), but without prejudice to the rights of any prior incumbrancer or his possession (if any), and the tenants of the said premises are (without prejudice as aforesaid) to attorn and pay their rents in arrear and growing rents to the said ………………………………. so long as he shall continue to be such receiver; and that all questions as to passing his accounts and payments thereunder and all further questions be reserved until further order And the defendant is to be at liberty to apply to the court in the meantime as he may be advised.

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

……………………………….

Magistrate Civil

Form 55

Notice to Receiver and Parties of Time fixed for Passing Receiver’s Accounts

Order 20, Rule 4 (3)

(General Title—Form A)

Take notice that I have appointed the …………….. day of ………………….. , 20…………………….. at the hour of in the noon at the Registry of this court for the passing of the accounts of the receiver in this action (or matter).

(1)     The receiver is required to attend at the time and place stated and to produce the vouchers necessary to verify the accounts. [(1) Add, if so required.]

(2)     [If the attendance of any party is required, add the necessary direction.]

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

……………………….

Registrar

To the Receiver and the Parties.

Civil Form 56

Order for Defendant to defend on behalf of Others having the Same Interest

Order 5, Rule 6 (2)

(General Title—Form A)

Upon reading the affidavit of it is ordered that the defendant be at liberty to defend this action (or matter) on behalf or for the benefit of the following persons as well as on his own behalf, that is to say—(state the names, addresses, and occupations).

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

…………………………………..

Magistrate

Civil Form 57

Notice to Persons on whose behalf Defendant has obtained Leave to Defend

Order 5, Rule 6 (2)

(General Title—Form A)

Take notice, that the above-named defendant has obtained an order, for leave to defend this action (or matter) on your behalf; or for your benefit, as well as on his own behalf. You may if you think fit object at the trial to the defendant defending on your behalf. A copy of the order and of the summons (or originating process) in the action (or matter) is served herewith and the affidavit on which the order was made has been filed at the registry of the court and may be inspected by you.

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

………………………………….

Registrar

Civil Form 58

Notice to Plaintiff that Defendant Defends on Behalf of Others

Order 5, Rule 6 (2)

(General Title—Form A)

Take notice that the defendant has obtained an order for leave to defend this action (or matter) on behalf of or for the benefit of ………………………………………………… (state names of persons as in order) as well as on his own behalf.

Dated this ………….. day of ………… , 20………

……………………………………….

Registrar

Civil Form 59

Third Party Notice

Order 8, Rule 1 (4)

In the Magistrate’s Court of Lagos

No. of Plaint

Between

A.B. …………………………..Plaintiff, and

C.D……………………………….. Defendant, and

E.F. ……………………………………. Third Party.

Take notice that this action has been brought by the plaintiff against the defendant or and that the defendant claims against you –

(a)     that he is entitled to contribution from you to the extent of ……………………………. or

(b)     that he is entitled to be indemnified by you against liability in respect of ………………………………….. or

(c)     that he is entitled to the following relief or remedy relating to or connected with the original subject matter of the action, namely …………………………………………….. or

(d)     that the following question or issue relating to or connected with the subject matter of the action should properly be determined as between the plaintiff and the defendant and the third party, namely ………………………………………………..

The grounds of the defendant’s claim are……………………………………

And take notice that if you dispute the plaintiff’s claim against the defendant or the defendant’s claim against you, you must take all necessary steps for your defence, and appear on the day fixed for the hearing of the action when the plaintiff’s claim against the defendant and the defendant’s claim against you will be heard and determined. In default of your appearing on the day of hearing you will be deemed to admit—

(1)     the plaintiff’s claim against the defendant; and

(2)     the defendant’s claim against you; and

(3)     your liability to (contribute to the extent claimed) or (indemnify the defendant); or

(4)     the defendant’s right to the relief or remedy claimed in paragraph (c) above; and

(5)     the validity of any judgement in the action;

And you will be bound by the judgment in the action which may be enforced by execution against your goods.

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

……………………………….

Registrar

To (the Third Party).

Civil Form 60

Affidavit on Application on Behalf of Infant or Person of Unsound Mind for Appointment of Guardian ad litem

Order 5, Rule 10

(General Title—Form A)

I, of make oath and say as follows—

  1. The defendant was served with the in this action (or matter) on the ………………. day of …………….20………………
  2. The defendant is an infant (or person of unsound mind not adjudged a lunatic).
  3. is a fit and proper person to act as guardian ad litem of the said defendant and has no interest in the matters in question in this action (or matter) adverse to that of the said defendant, and the consent of the said to act as such guardian is hereto annexed. Deponent Sworn at this …………….. day of ………………. , 20………………………. before me Commissioner for Affidavits

Civil Form 61

Order Appointing Guardian ad litem Order 5, Rule 10

(General Title—Form A)

On the application of and on reading the affidavit of sworn on the day of , 20 and the consent thereto annexed. It is ordered that of be appointed to act as guardian ad litem of the defendant an infant (or person of unsound mind not so found by inquisition).

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


Magistrate

APPENDIX 2

OTHER FORMS

Civil Form A

General Form of Title of Proceedings

(Where not otherwise provided in Appendix 1)

(For use in respect of actions begun by plaint)

IN THE MAGISTRATE’S COURT OF LAGOS

In the Magistrate’s Court No. of Plaint

Between Plaintiff, and Defendant, and (For use in respect of actions not begun by plaint, and other matters)

In the Magistrate’s Court of Lagos

In the Magistrate’s Court No………………….

In the matter of ………………………………. (here state the title of any Law or rule by which this court is given power to entertain proceedings).

And in the matter of (here refer to the matter in respect of which the proceedings are brought).

Between Applicant or Petitioner and Respondent (or as the case may be).

Civil Form B

Certificate of Judgment or Order

(General Title—Form A)

Copy of the judgment (or order) relating to action (or matter) of ………………………………………………. (No. of Plaint ) in which judgment or order was drawn up and entered in this court on the …………… day of ………….. , 20………………… (Here set out a copy of judgment or order as drawn up)

I certify that the above is a true copy of the judgment (or order) of this court relating to the action (or matter) above-mentioned.

Certified a true copy this …………… day of ……………….., 20…………….

…………………………

Registrar

Civil Form C

Application to obtain Order to bring up Prisoner to give Evidence

SECTION 47 CHAPTER 82

(General Title—Form A)

I, of the plaintiff (or defendant) state as follows—

  1. That the above action is appointed to be heard at this court on the …………….. day of …………………. , 20……………, and that , now a prisoner confined in prison, will be a material witness for me at the said hearing.
  2. That I (am advised and) verily believe that I cannot safely proceed to the hearing of the said action without the testimony of the said ………………………

And I hereby make application to His Worship the Magistrate of this court for an order under section 47 of the Magistrate’s Courts Law that the said may be brought before this court to be examined as a witness on my behalf.

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

……………………….

Applicant

Civil Form D

Order of Magistrate, referring Proceedings to Arbitration

Section 45 of the Magistrates’ Courts Law

(General Title—Form A)

It is ordered with the consent of all parties that these proceedings be referred to the arbitration of whose award, to be made on or before the ………….. day of ……………, 20……………… , shall be entered as the judgment in this action. (Add any further directions given by the Magistrate.)

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

………………………………..

Magistrate

APPENDIX 3

FEES PAYABLE IN THE MAGISTRATE’S COURTS OF LAGOS STATE

Commencement of Causes and Matters

  1. For the recovery of a specified sum— N k

(a)     not exceeding N10                                                                   0.75

(b)     exceeding N10 but not exceeding N20                                     1.50

(c)     exceeding N20 but not exceeding N50                                     3.00

(d)     exceeding N50 but not exceeding N100                          5.00

(e)     exceeding N100 for each N100 or part thereof                5.00

  1. For possession of property, as between landlord and tenant: at the rate set out in item 1 reckoned on the annual rent or value
  2. For the appointment of a guardian ad litem 1.00
  3. For an injunction or order to stay waste or alienation or for the preservation of any property the subject of a suit or as an ancillary remedy in a suit for breach of contract or for tort: three-fifths of the fee payable on the primary claim but not exceeding           5.00
  4. For any other relief or assistance not specially provided for 5.00

Notes on items 1-5

(a)     Item 1—The sum claimed as debt or damages shall be specified.

(b)     Item 2—The annual rent or value to be specified shall be that which is payable under the lease granted to the tenant sued or the lease last granted to any person before the bringing of the action, whichever be the greater. If it is something other than money, whether wholly or in part, its nature and annual value shall be specified. If the annual rent or value was under-stated, the court may order the balance of the fee chargeable to be paid; and if it was under-stated knowingly or negligently, the court may also order a sum equal to such balance to be paid as penalty. In either case, the court may direct that the proceedings shall not continue until the balance and penalty (if any) are paid.

(c)     general:

(i)      Where two or more claims are joined the highest fee under any relevant item shall be charged and in addition three-fifths of the fee under any other provided however that no reduction shall be made in the fee chargeable under item 4.

(ii)     A counterclaim shall be charged as if it were an action begun by the defendant as plaintiff.

(iii)    If before the hearing begins the claims are admitted or settled, the Court may order two-fifths of the fees charged under items 1-5 to be refunded.

(iv)    Where a case is adjourned through a party’s fault such party may be ordered to pay three-fifths of the fees charged under items 1-5 before, the case is set down again.

(v)     Paragraph (iv) shall apply to the setting down of a case which was struck out or to the reopening of a case in which judgment was given by default.

Applications, Affidavits, Judgments, Orders, Security Bonds Warrants and Writs                                          N k

  1. On application for warrant to arrest an absconding defendant or for interim attachment of property – 2.00
  2. On filing any other application 1.00
  3. On filing a security bond 2.00
  4. On filing any other paper 0.20
  5. On justification of sureties for each surety 0.20
  6. For the drawing up of any other order or judgment 1.00
  7. For the issue of a warrant to detain an absconding defendant 2.00

Miscellaneous Services  –                    N k

  1. For a special interpreter of a language not in common use; per day or part thereof, as the court may order but not exceeding – 5.00
  2. For an inquiry by a court officer where so ordered: for each sitting – 5.00
  3. For an account taken by a court officer where so ordered: per N100 or part thereof – 1.00
  4. For taking down a person’s statement where so ordered: as the court may direct but not exceeding – 2.00
  5. For searching the archives for each period of six months or part thereof 0.75
  6. For drawing up a bill of costs where so directed: per folio of 72 words 0.30
  7. For taxing costs where so ordered: per N10 or part thereof – 0.60
  8. For preparing a copy where authorised: per folio of 72 words – 0.20
  9. For every subpoena – 0.50
  10. On warrant for prisoner to give evidence 1.00
  11. For attesting the execution or signature of an instrument (other than an agreement under the Labour Code Act or any instrument regarding payment of a Government pension) not otherwise provided for – 0.40
  12. For swearing an affidavit or making a declaration (other than under section 20 of the Sales by Auction Law or the Marriage Act or one required by the regulations of a Government Department) per deponent – 1.00
  13. For making any paper annexed to an affidavit or declaration – 0.15
  14. For certifying a copy as a true copy: per folio of 72 words or part thereof – 0.20
  15. For payment into court (except when ordered by the court or proceeds of execution):

(a)     Not exceeding N100: per N20 part thereof  – 2.20

(b)     Exceeding N100: per N100 or part thereof 3.50

  1. On every petition to a Magistrate or his Registrar (not being an application otherwise provided for) unless waived by the Magistrate – 1.00
  2. For the service of any document or process-Initial Fee (plus mileage) – 0.30

(a)     If within an English mile from the court –  0.30

(b)     If beyond one mile but not beyond five

(i)      for the first mile  – 0.30

(ii)     for every subsequent mile or part thereof (one way)  – 0.15

(c)     If beyond five miles: per day or part thereof of the time needed for travelling – 1.00

Notes—Where an officer serves more than one document or writ on the same route, one mileage rate only is to be charged, and apportioned upon the documents or writs. Where the bailiff or registrar executed any duty in person by direction of the court he is entitled, instead of mileage fees, to his actual expenses and such travelling allowance as the court may allow. When a service is rendered by a person who is not an officer of the court or in the service of the Government or of a Local Government Council or customary court the court may direct that the fee paid for such service be paid out of revenue to the person who has rendered the service. In addition to the above fees, the party on whose behalf such services are to be performed shall be liable to pay such expenses on transport as the court may think reasonable. For the performing of any other duty not herein expressly provided, the officer may receive such fee as the court may allow.

APPENDIX 4 Order 15, Rule 7

ALLOWANCE TO WITNESSES

N         :         k
Professional men, Bank Managers, surveyors, and any officer of the public service whose salary is not less than N1,200 a year25.00
Merchants, captains of ships, mercantile assistants and officers in the public service whose salary is not less than N600 but less than N1,200from 15.00 to 20.00
Auctioneers, native chiefs, master tradesmen, pilots, clerks and the like from 5.00 to 10.00 Officers in the public service whose salary is less than N400from 3.00 to 5.00
Artisans and the likefrom 2.00 to 3.00
Servants, labourers, canoemen and the likefrom 1.50 to 2.00
Other personsfrom 0.75 to 1.50
Note—The travelling expenses of witnesses shall be allowed according to the sums reasonably and actually paid. No allowance, other than those authorised by General Orders, is made to an officer of the public service who is summoned as a witness by the State or by any department of the Government. In all other cases he is allowed costs and travelling expenses as if he were not in the Public Service. Fees, costs and expenses payable to an officer in the public service shall be paid into revenue unless otherwise ordered. The court shall have the authority to disallow in proper cases the payment of any of the allowances to witnesses aforesaid.

APPENDIX 5 Order 19, Rule 3

LEGAL PRACTITIONERS’ CHARGES

N         :         k
Preparing praecipe for summons, particulars of claim or counterclaim, originating application, petition and all necessary copies, letter before action, instructions to sue and attending to enter proceedings. 1. Where amount or value of claim exceeds N50 but does not exceed N4002.50
2. Where amount or value of claim exceeds N4004.00
Where Amount or Value of Claim or Counterclaim Exceeds N50: Plaintiff’s Legal practitioner preparing for and attending the trial2.50
Note 1. Item 2 may, by order of the Magistrate, be increased in a case of difficulty to a sum not exceeding 10.00
Note 2. Where there is no trial but some costs of preparing for trial have been necessarily incurred, such portion of this item may be allowed by the Registrar
  1. Defendant’s legal practitioner instructions, preparing defence or answer and attending trial – 3.00

Note 1. Item 3 may, by order of the Magistrate, be increased in a case of difficulty to a sum not exceeding 12.00 Note 2. Same as note 2 to item 2.

  1. Where the trial is not concluded on the day on which it is commenced, for each day or part of a day on which it is continued, or where trial is adjourned upon payment of the costs of the day – 2.50
  2. Where an interlocutory application is made in the course of or relating to proceedings (but not an oral application made at the hearing or trial) and costs are awarded: making or opposing application including instructions, notices, copies, attendances – 2.50
  3. Preparing a bill of cost and attending taxation – 5.00

THE MAGISTRATE’S (MONTHLY CRIMINAL RETURNS) RULES [F. & L. 1958, VIII, 1382.]

  1. Citation

These rules may be cited as the Magistrate’s (Monthly Criminal Returns) Rules.

  1. Monthly returns

(1)     Every Magistrate who has received directions to that effect from the Chief Judge shall forward to the Chief Judge a return of the criminal cases decided by such Magistrate during each calendar month.

(2)     Such return shall be in the form set out in the Schedule hereto and shall be forwarded to the Chief Judge as soon as possible after the expiration of the month to which it relates.

[Schedule.]

(3)     Every monthly return shall be signed by the Magistrate making it, and shall be the duty of such Magistrate to ensure that the information supplied in the return is correct and is properly set out.

(4)     Where a return consists of more than one page, the pages shall be numbered consecutively.

SCHEDULE  r. 2 (2).

Return of Criminal Cases Decided during the Month of …………….. 20 , in Court No……….., Lagos

Charge No.

Name of Parties

Sex

Date of Hearing

Charge Plea or Answer

Final Order

Date

Remarks

Complaints

Defendants

APPOINTMENT OF JUSTICE OF THE PEACE NOTICE [L.S.L.N. 26 of 1975.]

In exercise of the powers conferred by subsection (1) of section 12 of the Magistrate’s Courts Law, Cap. 82 and of all, other powers enabling him in that behalf, the Honourable Attorney-General and Commissioner for Justice, Lagos State, hereby appoints Alhaji Kafila Bolaji Shomade to be a Justice of the Peace in the Mushin and Ikeja Magisterial Districts with effect from the 14th day, of April, 1975.

APPOINTMENT OF JUSTICE OF THE PEACE NOTICE [L.S.L.N. 27 of 1975.]

In exercise of the powers conferred by subsection (1) of section 12 of the Magistrate’s Courts Law, Cap. 82 and of all other powers enabling him in that behalf, the Honourable Attorney-General and Commissioner for Justice, Lagos State, hereby appoints Mobolaji Ajose-Adeogun to be a Justice of the Peace in the

Yaba and Surulere Magisterial Districts with effect from the 7th day, of April, 1975.

APPOINTMENT OF JUSTICE OF THE PEACE NOTICE [L.S.L.N. 28 of 1975.]

In exercise of the powers conferred by subsection (1) of section 12 of the Magistrate’s Courts Law, Cap. 82 and of all other powers enabling him in that behalf, the Honourable Attorney-General and Commissioner for Justice, Lagos State, hereby appoints Joshua Motola Johnson to be a Justice of the Peace in the Yaba and Mushin Magisterial Districts with effect from the 14th day, of April, 1975. APPOINTMENT OF A JUSTICE OF THE PEACE NOTICE [L.S.L.N. 8 of 1984.] In exercise of the powers conferred by section 12 (1) of the Magistrates’ Courts Law Cap. 82 Laws of Lagos State and of all other powers enabling her in that behalf, the Attorney-General and Commissioner for Justice, Lagos State of Nigeria hereby appoint Chief Felix Ayinla Adewunmi to be a Justice of the Peace in and for Lagos State with effect from the 28th day of September 1984.

APPOINTMENT OF A JUSTICE OF THE PEACE NOTICE [L.S.L.N. 17 of 1986.] 1.

In exercise of the powers conferred by section 12 (1) of the Magistrates’ Courts Law Cap. 82 Laws of Lagos State and of all other powers enabling her in that behalf, the Attorney-General and Commissioner for Justice, Lagos State of Nigeria hereby appoint Chief (Mrs) Iradatu Adenike Adeyemi to be a Justice of the Peace in and for Lagos State with effect from the 22th day of April 1986 with the powers contained under section 13 (a), (b) (v), (vi) and (c) of the afore-mentioned Law.

APPOINTMENT OF A JUSTICE OF THE PEACE NOTICE [L.S.L.N. 9 of 1999.]

[21st May, 1999] [Commencement.] In exercise of the powers conferred by section 12 of the Magistrate’ Courts Law, Cap. M1 Laws of Lagos State of Nigeria 1994 and all other powers enabling me in that behalf, I, Muheebat Wonuola Folami, Attorney-General and Honourable Commissioner for Justice, Lagos State of Nigeria:

  1. Appointment of Justice of Peace Appoint the persons whose names appear in the Schedule to this Notice as Justice of Peace in and for Lagos State.
  2. Short title This Notice may be cited as the Justice of Peace (Appointments) Notice 1999 and shall come into effect on the 21st day of May 1999.

Schedule

  1. Albert Ogunbajo
  2. Oba Goriola Oseni I
  3. Chief Olufunmilayo Okikiolu
  4. Mrs Gbemi Tejuoso
  5. Chief Olukayode Akindele
  6. Mrs S. Abdulai
  7. Chief Martins Igboin Ajegbor
  8. Otunba Kunle Ojora
  9. Chief (Mrs) Patricia Oluwole
  10. Prince Seyi Lufadeju
  11. Chief E. O. A. Odeyemi
  12. Chief Lati Animashaun
  13. Oba Momodu Afolabi Asafa
  14. Mr G. Sasore
  15. Emmanuel A. Saiki
  16. Chief Olufemi Olatunbosun Gbadebo
  17. Mrs. E. O. Adenuga
  18. Oba Morufu Adekunle Ojoola (Ojon of Ejigbo)
  19. Chief Sunday Ola Oshinkoya
  20. Oba Habib Ola Ade Kassim (Oba of Somolu)
  21. Rev. J. I. Akindele
  22. Alhaji N. A. K. Kekere–Ekun
  23. Moses Adebiyi Soyege
  24. Alhaji Lamidi Hassan
  25. Sunday Kole Abisoro Oboh
  26. Mrs Abigail Olayemi Olatunji
  27. Oba Idowu Abiodun Oniru — Oniru of Iru Land
  28. Oba Adetunji Akinloye Sateru II — Ojomu of Ajiran Land
  29. Oba Yekini Adeniyi Elegushi — Elegushi of Ikate Land
  30. Oba Salaudeen Ojuntade II — Ayangburen of Ikorodu
  31. Chief (Mrs) Margaret Young
  32. Chief (Dr) Simi Johnson
  33. Engr. Mutiu Gbajumo
  34. Mr Ayodele Elesho
  35. Alhaji M. A. Olagbaye
  36. Mr Deji Sanwo
  37. Omoba Murphy Adetoro
  38. Alhaji Sabitu Folami
  39. Chief Ayo Arole
  40. Chief Sonny Oyekunle
  41. Bashorun Tajudeen A. Jaiyesinmi
  42. Alhaji N. A. Balogun
  43. Chief Molade Okoya–Thomas
  44. Mr A. B. Jawando
  45. Mrs Kafayat Foluke Abdul–Razaq
  46. Alhaji Umaru Saro
  47. Mr Doherty
  48. Mr Awelenje
  49. Chief Mrs Esther Olufunke Arthur Worrey
  50. Mrs Olufunmilayo da-Silva
  51. Mrs Sekinat Olusola Yusaf
  52. Mrs Azeezat Adebisi Gbadamosi

Given at Ikeja, this 21st day of May 1999.

RULES OF THE COURTS/TRIBUNALS OF THE 37 STATES/FCT OF NIGERIA

Abuja, FCTAbiaAdamawaAkwa IbomAnambraBauchiBayelsaBenueBornoCross RiverDeltaEbonyiEdoEkitiEnuguGombeImoJigawaKadunaKanoKatsinaKebbiKogiKwaraLagosNasarawaNigerOgunOndoOsunOyoPlateauRiversSokotoTarabaYobeZamfara

RULES OF THE COURTS/TRIBUNALS OF THE 37 STATES/FCT OF NIGERIA

FCT, AbujaAbia StateAdamawa State Akwa IbomAnambra StateBauchi StateBayelsa StateBenue StateBorno StateCross River StateDelta StateEbonyiEdoEkiti StateEnugu StateGombe StateImo StateJigawa StateKaduna StateKano StateKatsina StateKebbi StateKogi StateKwara StateLagos StateNassarawa StateNiger State Ogun StateOndo StateOsun StateOyo StatePlateau StateRivers StateSokoto StateTaraba StateYobe StateZamfara State

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