FederalHighCourt(CivilProcedure)Rules2000

S.I. 8 of 2000

Constitution of the Federal Republic of Nigeria

Federal High Court (Civil Procedure) Rules 2000

Arrangement of Rules

Citation, Application e.t.c

1.	Construction of reference to law, rules, e.t.c	2.	Revocation of Civil Procedure Rules contained in Schedule to 1999 No 23	3	Interpretation.
4.	Citation and Commencement

Order 2

Form and Commencement of Action

Mode of beginning proceedings

(1) Proceedings which may be begun by writ.

(2) Proceedings which may be begun by originating summons

Proceedings to be begun by motion or petition.

Order 3

Effect of Non-compliance

Effect of non- compliance.

Application to set aside for irregularity

Order 4

Particulars of claim

1	Further particulars	2	Effects of particulars	3	Papers annexed: in what cases.
4	Inspection of papers annexed.	5	Amendment of particulars.	6	Amendment at trials.

Order 5

Causes of action

1	All causes of action may be joined.	2	Counter claim against plaintiff.	3	Court may order separate trials, e.t.c
4	Consolidation.

Order 6

Writ of Summons

1	Writ of summons to be issued by the registrar.	2	Contents of writ of summons.	3	Alteration of writ.
4	Several causes of action in one suit.	5	Service of writ: whole Federation within court’s jurisdiction	6	(1) Forms of writ (2) Provisions for framing additional forms
7	Sealing of writs	8	Statement of claim.	9	(1) Endorsement as to capacity. (2) Summons for service out of jurisdiction
10	Endorsement as to legal practitioner and address.	11	Concurrent writ.	12	Writ for service out of jurisdiction.
13	"Issue", when effected.	14	Duration and renewal.

Order 7

Originating Summons

1	Application	2	Forms for originating summons.	3	Contents of summons
4	Endorsement as to capacity.	5	Endorsement as to legal practitioner and address.	6	Concurrent originating summons.
7	Summons for service out of jurisdiction.	8	"Issue" when effected	9	Validity and renewal of originating summons.
10	Ex parte originating summonses.

Order 8

Petition: General Provisions

1	Application.	2	Contents of petition.	3	Presentation of petition.
4	Fixing time for hearing, etc. of petition.	5	Certain applications not to be made by petition.

Order 9

Interlocutory applications

A - Motions Generally

1	Time to apply.	2	(2) Application by motion. (2) Motion List.	3	Affidavits.
4	Affidavit to be served with motion.	5	Hearing of motions.	6	Adjournment.
7	Motion to be on notice except in emergency.

B - Ex parte Motion

8	Affidavit in support of ex parte motion.	9	Arguments on motion.	10	Orders on ex parte motions.
11	Court may vary or discharge order.	12	Duration of ex parte order.

C - Orders to show cause

13	Return-day to be specified.	14	Counter-evidence.	15	Further service in certain cases.
16	Appearance or proof of service	17	General powers as to orders.

D - Notice of motion

18	Notice of motion.	19	Service of notice.	20	Service on solicitor.
21	Copy of affidavit to be served with notice.	22	Order for service.	23	Service with writ of summons.

E - Evidence in Interlocutory Proceedings.

24	Oral evidence.	25	Evidence in addition to or in lieu of affidavits.	26	Notice to parties and interested parties.
27	Evidence: how taken.	28	Affidavit not filed with motion paper.

Order 10

Affidavits

1	Evidence on motion.	2	Title of affidavits.	3	Use of defective affidavits.
4	Special time for filling affidavits.	5	Affidavit in support of ex parte application.	6	Notice of intention to use affidavits in Chambers.
7	Uses in Chambers of affidavits used in Court.	8	Alterations in accounts to be initialled.	9	Exhibits.
10	Certificate on exhibit	11	Application of Evidence Act.	12	Affidavit taken in Commonwealth country admissible without proof of seal, etc.

Order 11

Place of instituting and of trial of Suits

1	(1) Place for trial of suits. (2) Suits relating to taxation. (3) Suits for penalties. (4) Suits upon contract. (5) Suits relating to customs. (6) Suits relating to foreign trade. (7) Suits relating to passports, etc. (8) Suits relating to copyright, etc. (9) Other suits.	2	Division of Court in which suit may be commenced.	3	Suits commenced in wrong Division.
4.	Transfer of proceedings.

Order 12

Parties

A - General

1	Persons claiming jointly, severally or in the alternative may be plaintiffs.	2	Action in name of wrong plaintiff.	3	All persons may be joined as defendants.
4	Counter-claim: Misjoinder.	5	(1)Non-joinder. (2) Misjoinder of parties.	6	Joint and several demand.
7	Suit or claims on behalf of others	8	Where joint interest, parties may be authorized to sue or defend for others.	9	Partners
10	Infants as parties.	11	Lunatics, etc.	12	Appearance by infant.
13	Next friend.	14	Trustees, executors, etc. may be sued as representing the estate.	15	Where defendant added.
16	Application to add or strike out party.	17	(1)Third party notice. (2) How leave obtained.	18	Form and issue of notice.
19	Effect of notice	20	Appearance.	21	Default by third party.
22	Procedure after default.	23	Third party directions.	24	Leave to defend.
25	(1)At trial or after. (2) When no trial.	26	Person trading as firm.	27	Court may require security in respect of counter-claim.
28	Act may be done by legal practitioner or agent.

B - Alteration of parties

29	Where change of interest, court may make order enabling suit to proceed.	30	When suit does not abate.	31	When cause of action survives.
32	When cause of action accrues to survivors.	33	Death of sole or surviving plaintiff.	34	Dispute as to legal representative.
35	Death of one of several defendants or of a sole or surviving defendant.	36	Bankruptcy of plaintiff.	37	Legal practitioner of plaintiff to give notice of abatement.
38	Party may change legal representative.	39	Where legal representative ceases to act.	40	Address of party.

Order 13

Service of process

A - Service within jurisdiction

1	By whom service is to be effected.	2	Service of process: how effected.	3	When process need not be served
4	Special bailiff.	5	Substituted service.	6	Service on employee of government.
7	Service on partners	8	Service on corporation or company.	9	Service on board ship.
10	Service on prisoners and lunatics	11	Service on infants.	12	Service on local agent of principal who is out of jurisdiction.

B - Service out of jurisdiction

13	Service of writ out of jurisdiction.	14	Application to be supported by affidavit.	15		Order to fix time for appearance.
16	Service of notice.	17	Service of originating summons, etc.	18	Service abroad by letter of request.
19	Service out of the jurisdiction under the Civil Aviation Act.	20	Service of document abroad.	21	Saving for other modes of service.
22	Air mail.	23	Service for foreign tribunals.	24	Substituted service.
25	Order thereon.

C - General Provisions

26	Where violence threatened.	27	Affidavit of service.	28	Expenses of service.
29	Service on Sunday or public holiday.	30	Recording of service.	31	Interpretation.

Order 14

Appearance

1	Mode of entry of appearance.	2	Defendant's address for service.	3	Fictitious address.
4	Defendants appearing by same legal practitioner.	5	Time for appearance.

Order 15

Default of Appearance

1	Claim for liquidated demand.	2	Liquidated demand: several defendants.	3	Limited defence.
4	Judgments for costs where satisfaction, etc. made.	5	Default of appearance in actions not specifically provided for.	6	Setting aside judgment.
7	Default of appearance to originating summons.	8	Default of appearance by infant or person of unsound mind.

Order 16

Arrest of Absconding Defendant

1	Defendant leaving jurisdiction or removing property.	2	Warrant to arrest.	3	Bail for appearance or satisfaction.
4	Disposed in lieu of bail	5	(1) Defendant may be committed to custody. (2) In what division proceedings may be taken.	6	Cost of subsistence of persons arrested.

Order 17

Interim Attachment of Property

1	In what cases.	2	Application for attachment	3	Form of order.
4	Where defendant fails to show cause or give security.	5	Rights of third parties not to be affected.	6	Removal of attachment.
7	In what courts proceedings may be taken.

Order 18

Needless detention of chattels or Ships and reparation for it

Damages for needless detention, etc.

Admiralty actions not ruled out.

Order 19

Accounts and inquires

1	Summary order for account.	2	Court may direct taking of accounts, etc	3	Directions as to manner of taking account.
4	Account to be made, verified, etc.	5	Erroneous account.	6	Delay in prosecution of account, etc..
7	Distribution of fund before all persons entitled are ascertained		.

Order 20

Reference to Arbitrator

1	Nomination of arbitrators and appointment.	2	Court may appoint arbitrator.	3	Form of order of reference.
4	Umpire where necessary.	5	Attendance of witness.	6	Extension of time for making award.
7	Power of court in case of death , incapacity or refusal to act.	8	Finding.	9	Special case for opinion of the court.
10	Court may modify or correct award.	11	Power as to costs.	12	Power of court to remit award for reconsideration.
13	Setting aside award.	14	Filing award: effect of.	15	Applications under Arbitration and Conciliation Act.
16	Applications to be made within 21 days.	17	Mode of enforcing awards.	18	Awards made on proceeding in foreign territory.

Order 21

Reference to Referees

1	Instruction to referee.	2	Interim inquiries or accounts.	3	General powers of the referee.
4	Evidence.	5	Referee’s authority in the inquiry.	6	Limitation in certain particulars.
7	(1) Reports made in pursuance of reference, (2) Referee may report questions of facts specially.

Order 22

Receivers

1	Application for receiver and injunction	2	Giving of security by receiver.	3	Remuneration of a receiver.
4	Receiver's account.	5	Payment of balance, etc by receiver.	6	Default by receiver.

Order 23

Computation of time

1	Computation of time.	2	No enlargement of time by consent of parties.	3	Court may extend time.
4	Notice of intention to proceed after a year's delay.	5	Time for application to set aside award.

Order 24

The undefended list

1	Undefined List: affidavit.	2	Copy of affidavit to be served.	3	Notice of intention to defend.
4	Judgment in undefended suit.	5	Oral evidence.

Order 25

Proceedings in lieu of Demurrer

1	Demurrer abolished.	2	Points of law may be raised by pleadings.	3	Dismissal of action.
4	Striking out pleading where no reasonable cause of action disclosed.	5	Declaratory judgment.

Order26

Pleadings

1	Service of statement of claim.	2	Service of defence.	3	Service of reply and defence to counter -claim.
4	(1) Pleading to state material facts and not evidence. (2)How facts are to be stated.	5	Particulars to be given where necessary.	6	Matters which must be specifically pleaded.
7	(1) Further and better statement or particulars. (2) Letter for particulars. (3) Particulars before defence	8	Order for particulars not a stay.	9	Specific denial.
10	Denial by joinder of issue.	11	Pleadings to be consistent.	12	(1) Grounds of claim founded on separate facts to be separately stated. (2) The relief claimed to be stated.
13	Allegations shall not be generally but specifically	14	Denial of fact must answer point of substance.	15	Admissions.
16	Set-off or counter-claim to be pleaded.	17	Evidence in denial of allegation or in support of defence not set up in pleading.	18	Further pleadings.
19	Costs in certain cases.	20	Striking out pleadings.	21	Denial of contract.
22	Effects of documents to be stated.