High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules

High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules

Arrangement of Rules

Order I

Form and Commencement of Action

Mode of beginning proceedings.

2. (1)

(2)

(3)

Proceedings which may be begun by writ.

Proceedings which may be begun by originating summons.

Proceedings which may be begun by motion or petition.

Order 2

Effect of Non - Compliance

Effect of non-compliance.

Application to set aside for irregularity.

Order 3

Particulars of Claim

1.	Further particulars.	2.	Effect of particulars.	3. (1) (2)	Papers annexed: in what cases Inspection of papers annexed.
4.	Amendment of particulars.	5.	Amendment of trial.

Order 4

Causes of Action

All causes of action may be joined.

Counter-claim against plaintiff.

Court may order separate trials, etc.

Order 5

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 actions in one suit.	5.	Consolidation of causes or matters. 6. Leave to issue out of jurisdiction.	7.	Printing.
8. (1) (2)	Forms of writ. Provision for framing additional forms.	9.	Sealing of writs.	10.	Endorsement of claim.
11.(1) (2)	Endorsement as to capacity. Summons for service out of jurisdiction.	12.	Endorsement as to legal practitioner and address.	13.	Concurrent writ.
14.	Writ for service out of jurisdiction.	15.	"Issue", when effected.	16.	Validity and renewal of writ.

Order 6

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 7

Petition: General Provisions

1.	Application.	2.	Contents of petition.	3.	Presentation of petition.
4. (1) (2)	Date of hearing and serving of petition. Fixing time for hearing petition.	5.	Certain applications not to be made by petition.

Order 8

Interlocutory Applications

1. Motions Generally

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

2. 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.

3. Orders to show Cause

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

4. Notice of Motion

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

5. Evidence in Interlocutory Proceedings.

23.	Oral evidence.	24.	Evidence in addition to or in lieu of affidavits.	25.	Notice to parties and interested persons.
26.	Evidence: how taken.	27.	Affidavit not filed with motion paper.	28.	Registrar to have powers of a Judge.
29.	Only registrar legally qualified to hear applications.	30.	Where no legal qualified Registrar, Judge to hear applications.	31.	Persons dissatisfied with ruling of Registrar may apply to the Court or a Judge in Chambers.

Order 9

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 affidavit in Chambers.
7.	Use in Chambers of affidavits used in Court.	8.	Alterations in accounts to be initialed.	9.	Exhibits.
10.	Certificate on exhibit.	11.	Application of Evidence Act.	12.	Affidavit taken in Commonwealth country admissible without proof of seal, etc.

Order 10

Place of Instituting and of Trial of Suits

1.	Suits relating to land and personalty distrained or seized.	2.	Suits for penalties.	3.	Suits upon contract.
4.	Other suits.	5.	Suits commenced in wrong Division.	6.	Transfer of proceedings.

Order 11

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) (2)	Non-joinder. Misjoinder of parties.	6.	Joint and several demand.
7.	Suit or claims on behalf of others.	8.	Where joint interest, parties may be authorised to sue or defend for others.	9.	Partners.
10.	Infants as parties.	11.	Lunatics, etc.	12. (1) (2)	Appearance by infant. Form 14.
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) (2)	Third party notice. 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) (2)	At trial or after. When no trial.	26.	Person trading as firm.	27.	Probate intervention.
28.	Recovery of land.	29.	Landlord appearing.	30.	Recovery of land, person not named defendant: fees.
31.	Plaintiff to assign place for service.	32.	Court may require security in respect of counter-claim.	33.	Court may be done by legal practitioner or agent.

B. Alteration of Parties

34.	Where change of interest, court may make order enabling suit to proceed	35.	When suit does not abate.	36.	When cause of action survives.
37.	When cause of action accrues to survivors.	38.	Death of sole or surviving plaintiff.	39.	Dispute as to legal representative.
40.	Death of one of several defendants or of a sole or surviving defendant.	41.	Bankruptcy of plaintiff.	42.	Legal practitioner of plaintiff to give notice of abatement.
43.	Abated cause, etc., to be struck out.

Order 12

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.	Interpretation.	15.	Application to be supported by affidavit.
16.	Order to fix time for appearance.	17.(1) (2)	Notice of writ Service of notice.	18.	Service of originating summons, etc.
19.	Service abroad by letter of request.	20.	Service out of the jurisdiction under the Civil Aviation Act.	21.	Service of documents abroad.
22.	Saving for other modes of service.	23.	Air mail.	24.	Service for foreign tribunals.
25.	Substituted service.	26.	Order thereon.

C General Provisions

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

Order 13

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.	6.	Recovery of land: limited defence.
7.	Summons to set aside writ, etc.	8.	Application.

Order 14

Default of Appearance

1.	Claim for liquidated demand.	2.	Liquidated demand: several defendants.	3.	Recovery of land.
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.	9.	Leave in actions by money-lender.
10.	Application.

Order 15

Arrest of Absconding Defendant

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

Order 16

Interim Attachment of Property

1.		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 17

Detention of Ships and Reparation for Needless Arrests, Etc.

1.	In what cases.	2.	Release of ship detained.	3.	Court may require security or impose other terms on making order.
4.	Cases in which compensation may be awarded.	5.	No action of damages where compensation awarded.

Order 18

Accounts and Inquiries

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.	Allowances.
7.	Delay in prosecution of accounts, etc.	8.	Distribution of fund before all persons entitled are. ascertained

Order 19

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 witnesses.	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.

Order 20

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.	Reports made in pursuance of reference	8.	Referee may report questions of facts specially

Order 21

Receivers

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

Order 22

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 years delay.
5.	Time for applications to set aside award.

Order 23

The Undefended List

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

Order 24

Proceedings in Lieu of Demurrer

1.	Abolition of demurrer.	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.

Order 25

Pleadings

1.	Service of statement of claim.	2.	Service of defence.	3.	Service of reply and defence to counter-claim
4. (1) (2)	Pleading to state material fact and not evidence. How facts are to be stated.	5.	Particulars to be given where necessary.	6. (1) (2) (3)	Matters which must be specifically pleaded. Further and better statement or particulars. Letter f 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) (2)	Grounds of claim founded on separate facts to be separately stated. The relief claimed to be stated.	13.	Allegations shall not be made 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.	Effect of documents to be stated.
23.	Malice, knowledge, or other condition of mind.	24.	Notice.	25.	Implied contract or relation.
26.	Presumptions of law.	27.	Pleadings: probate actions.	28.	Technical objection..
29.	Application.	30.	Claim beyond endorsement.	31.	Stated or settled account.
32.	Defence of tender.	33.	Defence of set-off.	34.	Judgment for balance.
35.	Close of pleadings

Order 26

Amendment

1.	General power to amend.	2.	Amendment of indorsements and pleadings	3.	Application for leave.
4.	Failure to amend after order.	5.	Amendments: how made.	6.	Date of order of amendment to be marked.
7.	Clerical mistakes and accidental omissions.

Order 27

Default of Pleadings

1.	Default of plaintiff in filing statement of claim.	2.	Claim for debt or liquidated demand.	3.	Several defendants: one default.
4.	Default of defence: claim for unliquidated damages.	5.	Default of defence: claim in detinue.	6.	Default of defence: claim for possession of land.
7.	Default of defence: mixed claims.	8.	Default of defence: other claims.	9.	Default of defence to counter-claim.
10.	Setting aside judgment.	11.	Interpretation.

Order 28

Interpleader

1.	Entitlement to relief by way of interpleader.	2.	Claim to goods, etc., taken in execution.	3.	Mode of application.
4.	Matters to be proved.	5.	When application to be made by defendant.	6.	Stay of action.
7.	Order upon summons.	8.	Failure of claimant to appear or neglect to obey summons.	9.	Costs, etc.

Order 29

Withdrawal and Discontinuance

1.	Withdrawal of appearance.	2.	Discontinuance of action without leave.	3.	Discontinuance of action, etc. with leave.
4.	Effect of discontinuance.	5.	Stay of subsequent action until costs paid.	6.	Withdrawal of summons.

Order 30

Admissions

1.	Admission of case of other party.	2.	Notice to admit.	3.	Judgment on admission of facts.
4.	Admission and production of documents specified in list of documents.

Order 31

Payment into and out of Court

1.	Payment into Court.	2.	How far admission of claim.	3.	Acceptance of sum paid.
4.	Non-acceptance of sum paid in.	5.	Payment into Court with denial of liability.	6.	Custody of money: payment into bank.
7.	Payment by plaintiff.	8.	No payment out without order.	9.	Payment out: small intestate estate.

Order 32

Discovery and Inspection of Documents

1.	Discovery by interrogatories.	2.	Application for leave to deliver interrogatories.	3.	Form of interrogatories.
4.	Corporation or companies.	5.	Affidavit in answer: filing.	6.	Form of affidavit in answer.
7.	Objections to answering interrogatories.	8.	Order to answer or answer further.	9.	Application for discovery of documents.
10.	Discovery of documents in marine insurance policies.	11.	Affidavit of documents.	12.	Power to order list of documents in lieu of affidavit.
13.	Production of documents.	14.	Inspection of documents referred to in pleadings or affidavit.	15.	Form of notice to produce.
16.	Time for inspection when notice given under rule 14.	17.(1) (2)	Order for inspection. Affidavit in support of application: when required.	18. (1)	Verified copies.
(2)	Power to order discovery of particular document or class of documents.	19.	Premature discovery.	20.	Non-compliance with order for discovery.
21.	Service on party deemed sufficient service.	22.	Liability of legal practitioner.	23.	Using answer to interrogatories at trial.
24.	Discovery Against sheriff.	25.	Application of order to infants.	26.	Power to revoke order made.

Order 33

Interlocutory Injunction and Interim Preservation of Property

1.	Application for injunction.	2.	Detention, preservation, etc. of subject matter of action	3.	Power to order samples to be taken.
4.	Sale of perishable property, etc.	5.	Order for early trial.	6.	Recovery of personal property subject to lien, etc.
7.	Directions.	8.	Allowance of income of property pendente lite.

Order 34

Transfer and Consolidation

1.	Order transferring proceedings from the Magistrate's Court to High Court or to Magistrate's Court.	2.	Payment of fees for filing.	3.	Duties of Registrar.
4.	Party failing to attend.	5.	Construction.	6.	Consolidation.
7.	Interpretation.

Order 35

Settlement and Trial of Issues

1.	At or before hearing.	2.	Court may give directions.	3.	When to be settled.
4.	Notice to be given.	5.	Court may amend or frame additional issues.	6.	Time, etc. of trial of questions or issues.
7.	Dismissal of action, etc. after decision of preliminary issue	8.	Provisions subject to other written laws.

Order 36

Application and Proceedings in Chambers

Business to be disposed of in chambers.

Procedure on applications in chambers.

Effect of order in chambers.

Order 37

Trial Proceedings in General

1.	Time for setting down.	2.	Application for setting down.	3.	Defendant may apply for setting down.
4.	Default in applying for setting down.	5.	Case to be struck out.	6. (1) (2)	Attendance by proxy. Failure to appear by both parties.
7.	Default of appearance by defendant at trial.	8.	Default of appearance by plaintiff.	9.	Judgment by default may be set aside on terms.
10.	Adjournment of trial.	11.	Evidence in mitigation of damages in action for defamation.	12.	Judgment to be entered at or after trial.
13.	Times of trial to be entered at or after trial.	14.	Trial with assessors.	15.	Order of proceedings.
16.	Burden of proof: party to begin evidence.	17.	Summing Up.	18.	Case of other party.
19.	General reply.	20.	Case closed.	21.	Evidence in reply.
22.	Address thereon.	23.	Documentary evidence.	24.	List of exhibits.
25.	Rejected exhibits.	26.	Custody of exhibit after trial.	27.	Office copy of list of exhibits.
28.	Where written pleadings not filed or parties are illiterate.	29.	Disallowance of various questions.

Order 38

Originating Summons Proceedings

1.	Application for determination of question.	2.	Construction of enactment.	3.	Service.
4.	Evidence.	5.	Discretion of Court.	6.	Court may make the order prayed for.
7.	Applications affecting party in default of appearance.	8.	Counter-claim by defendant.

Order 39

Procedure Relating to Evidence

1.	Witnesses to be examined orally	2.	Evidence by affidavits.	3.	Particular facts.
4.	Limitation of medical and expert evidence.	5.	Limitation of plans, etc., in evidence.	6.	Plan and expert evidence in accident actions.
7.	Revocation and variation.	8.	Extension to all proceedings.	9.	Office copies admissible in evidence.
10.	Court or Judge in Chambers may order depositions to be taken.	11.	Forms of orders for a commission.	12.	Letter of request.
13.	Examination of witnesses abroad.	14.	Form of order of examination of witnesses abroad.	15.	Order for attendance of person to produce writings, etc.
16.	Disobedience to order for attendance.	17.	Expenses of persons ordered to attend.	18.	Examiner to have copy of writ and pleadings.
19.	Examination: how taken.	20.	Depositions to be taken down in writing, etc.	21.	Refusal of witnesses to attend or be sworn.
22.	Objection by witness to question.	23.	Costs occasioned by refusal or objection.	24.	Depositions to be transmitted to Registry.
25.	Special report by examiner.	26.	Depositions not to be given in evidence without consent or by leave of Judge.	27.	Oaths.
28.	Attendance of witness under subpoena for examination or to produce.	29.	Practice as to taking evidence at any stage of action.	30.	Special directions as to taking evidence.
31.	Notice to use affidavit or depositions at trial.	32.	Evidence in proceedings subsequent to trial.	33.	Form of praecipe for subpoena.
34.	Form or writ of subpoena.	35.	Subpoena for attendance of witness in chambers.	36.	Correction of errors in subpoena.
37.	Service of subpoena.	38.	Duration of subpoena.	39.	Facilities for proving deeds, etc.
40.	Obtaining evidence for foreign tribunals.	41.	Banker's book: Court may order inspection.

Order 40

Judgments and Orders

1.	Delivery of judgment in open Court.	2.	Notice when judgment reserved.	3.	When parties deemed to have had notice.
4.	Minutes of judgment: its effect.	5.	Where set-off allowed.	6.	Decree to be obeyed without demand.
7.	Court may direct time for payment or performance and interest.	8.	Payment by installments.	9.	Date of order: when drawn.
10.	What orders need not be drawn up.	11.	Filing of orders.

Order 41

Habeas Corpus Proceedings

1.	Habeas corpus ad subjiciendum.	2.	Application for leave.	3.	Producing person detained in Court.
4.	Service of order.	5.	Return to the order for release.	6.	Procedure at hearing.
7.	Order to be clear.	8.	Bringing up prisoner to give evidence, etc.	9.	Form of writ.

Order 42

Committal for Contempt of Court

1.	Committal for contempt of Court.	2.	Application to Court.	3.	Saving for power to commit without application for the purpose
4.	Provisions as to hearing.	5.	Contempt in face of court: saving for.	6.	Power to suspend execution of committal order.
7.	Discharge of person committed.	8.	Saving for other powers.	9.	Return.

Order 43

Application for Judicial Review

1.	Cases appropriate for application for judicial review.	2.	Joinder of claims for relief.	3.	Grant of leave to apply for judicial review.
4.	Delay in applying for relief.	5.	Mode of applying for judicial review.	6.	Statements and affidavits.
7.	Claim for damages.	8.	Application for discovery, interrogatories, cross-examination, etc.	9.	Hearing of application for judicial review.
10.	Saving for person acting in obedience to mandamus.	11.	Consolidation of applications.

Order 44

Appeals from Magistrate's Court, Etc.

	Notice of appeal.	2.	Contents, etc. of notice of appeal.	3.	Copies of proceedings.
4.	Appeal to Judge of High Court.	5.	Respondent to be supplied with copy of proceedings.	6.	Proceedings time.
7.	Where time expires.	8.	Constitution of Court hearing appeals.	9.	Time and place for hearing.
10.	Where appellant fails to appear.	11.	Where appellant appears.	12.	Appeal limited to grounds given in notice.
13.	Request to confirm judgment on other grounds.	14.	Counter-appeal.	15.	Objections to form of grounds for appeal.
16.	Defects in proceedings under appeal.	17.	Defects in notice of appeal or recognizance.	18.	Additional evidence.
19.	Mode of taking evidence.	20.	Fees.	21.	Allowances to witnesses.
22.	Stay of execution.	23.	Costs.	24.	Security for costs.
25.	Orders of High Court to be certified to lower court.	26.	Enforcement of judgment.	27.	Enforcement of orders.
28.	High Court may enlarge time.	29.	Interpretation.

Order 45

Appeals to the High Court from Decisions of Auditors

1.	Application.	2.	Method of appeal.	3.	Evidence.
4.	Service.	5.	Contents of notice, date of hearing.	6.	Reasons for appeal to be filed.
7.	Copy of affidavits to be served on the parties.	8.	Service on auditor other than the auditor who gave the decision.

Order 46

Stay of Execution Pending Appeal to the Court of Appeal

Stay of execution pending appeal.

Court may grant or refuse order for stay.

Formal order to be drawn up.

Order 47

Miscellaneous Provisions

1.	What orders to be made.	2.	Recovery of penalties and costs.	3.	Notices.
4.	Office hours.	5.	Filing.	6.	Fees.

Order 48

Sittings of the Court and Vacation

1.	Days of sitting.	2.	Public or private sittings of Court.	3.	Office hours.
4.	Days of sittings: long vacation.	5.	Vacation Courts.	6.	Vacation not reckoned in time for pleading.
7.	Chambers.

Order 49

Probate and Administration

Grant of Probate or Administration in General

1.	Petition to be made to Probate Registrar.	2.	Preservation of property.	3.	Unauthorised persons intermeddling with property.
4.	Production of testamentary papers.	5.	Court may order production.	6.	Examination respecting papers.
7.	Notice to executor to come in, and prove.	8.	Liability of executor neglecting to apply for probate.	9.	Identity.
10.	Court may refuse grant until all persons interested are given due notice.	11.	Value of property.	12.	Answers required before grant.
13.	Notice to prohibit grant.	14.	Effect of notice.	15.	Form of suits.

Custody of Wills

16.

Testator may deposit will.

17.

Custody of will of which probate is granted.

18.

Will not to be given out without order of court.

Probate or Administration with Will annexed

19.	Examination of will as to its execution.	20.	Proof of execution where attestation clause is defective.	21.	Where will not executed according to law.
22.	Evidence on failure of attesting witnesses.	23.	Will of blind or illiterate testator.	24.	Interlineations, erasures, obliterations.
25.	Documents referred to in a will or annexed or attached.	26.	Executor dying without proving or not appearing.	27. (1) (2)	Marking of will or copy sworn to. Codicils.
28.	Viva voce examination of persons making affidavits.

(Administration not with Wills)

29.	Form of administration not with will annexed.	30.	Administration bond.	31.	Assignment of bond.
32.	Administration summons.	33.	Order for administration.	34.	Orders relating to property.
35.	Administration may be granted to officer.	36.	Officer to act under direction of court.	37.	Court may appoint person to be administrator.
38.	Remuneration of administrator.

Administration of Estate of Foreign Citizens

39.

Securing and collection of estate.

40.

Application by consular officer or person authorised by him to administer estate.

Administration generally

41.	Accounts to be filed.	42.	Duties and powers to be performed and exercised by Probate Registrar.	43.	Court may refuse application.
44.	Grant to be signed y Probate Registrar.

Order 50

Probate (Non-Contentious) Procedure

1.	Production of testamentary papers.	2.	Court may order production.	3.	Examination respecting papers.
4.	Notice to executor to come in and prove.	5.	Liability of executor to come in and prove.	6.	Petition to be made to Probate Registrar.
7.	Application for grants through legal practitioners.	8.	Personal applications.	9.	Duty of Registrar on receiving application for grant.
10.	Oath in support of grant.	11.	Grant in additional name.	12.	Marking of wills.
13.	Engrossment for purposes of record.	14.	Evidence as to due execution of will.	15.	Execution of will of blind or illiterate testator.
16.	Evidence as to terms, conditions and date of execution of will.	17.	Attempted revocation of will.	18.	Affidavit as to due execution, terms, etc. of will.
19.	Wills of persons on military service and seamen.	20.	Evidence of foreign law.	21.	Order of priority for grant where deceased left a will.
22.	Grants to attesting witnesses, etc.	23.	Value of property.	24.	Answers required before grant.
25.	Notice to prohibit grant.	26.(1) (2)	Effect of notice. Citations.	27.	Form of suits.

Custody of Wills

28.

Testator may deposit will.

29.

Custody of wills of which probate granted.

30.

Will not given out without order of Court.

Probate or Administrator with Will annexed

31.	Examination of will as to its execution.	32.	Proof of execution where attestation clause is defective.	33.	Where will not executed according to law.
34.	Evidence on failure of attesting witnesses.	35.	Will of blind or illiterate testator.	36.	lnterlineations, erasures, obliterations.
37.	Documents referred to in a will.	38.	Executor dying without proving or appearing.	39. (1) (2)	Marking of will or copy sworn to. Codicils.
40.	Viva voce examination of persons making affidavits.	41.	Right of assignee to a grant.	42.	Joinder of administrator.
43.	Additional personal representatives.	44.	Grants where two or more persons entitled in same degree.	45.	Exceptions to Rules as to priority.
46.	Grants to person having spes successionis.	47.	Grants where decease died domiciled outside the Federal Capital Territory.	48.	Grants to attorneys.
49.	Grants on behalf of infants.	50.	Grants where infant is co-executor.	51.	Grants in case of mental or physical incapacity.
52.	Renunciation of probate and administration.	53.	Notice to Federal Capital Territory of intended application for grant.	54.	Guarantee.
55.	Resealing.	56.	Amendment and revocation of grant.	57.	Caveat.
58.	Citation.	59.	Citation to accept or refuse to take a grant.	60.	Citation to propound a will.
61.	Address for service.	62.	Application for order to bring in a will or to attend for examination.	63.	Limited grant.
64.	Grant of administration ad colligenda bona.	65.	Application for leave to swear to death.	66.	Grants in respect of codicils and copies of wills.
67.	Grants durante absentia.	68.	Notice of election by surviving spouse to redeem life interest.	69.	Issue of copies of original wills and other documents.
70.	Taxation of costs.	71.	Method of making application.	72.	Exercise of powers of a Judge.
73.	Appeals from Registrars.	74.	Service of notice of motion and summons.	75.	Notices, etc.
76.	Affidavits.	77.	Time.	78.	Application to pending proceedings.
79.	Contentious probate: form of suit.	80.	Interpretation.

Order 51

Proceedings Under the Legitimacy Law

1.	Interpretation.	2.	Practice and Rules.	3.	Matters to be stated.
4.	Petitioner resident outside the Federal Capital Territory, Abuja.	5.	Security for costs by petitioner resident outside the Federal Capital Territory, Abuja.	6.	Persons to be respondents.
7.	Affidavit of verification.	8.	Copies of petition to be filed.	9.	Copies of papers to be sent to Attorney-General.
10.	Personal service on other respondents.	11.	Filing of answers.	12.	Evidence.
13.	Costs.	14.	Copy of order to be supplied.

Order 52

Proceedings in Forma Pauperis

1.	Duration of provisions.	2.	Who may sue or defend in forma pauperis.	3.	Conditions to be fulfilled.
4.	Fees and costs.	5.	Assigned of legal practitioner.	6.	Procedure to be followed.
7.	Revocation of order; discontinuance, etc.	8.	Payment to legal practitioner.	9.	Duty of legal practitioner.
10.	Appeals.

Order 53

Costs

Security for Costs

1.	Security for costs by plaintiff or defendant.	2.	Manner of giving security.	3.	Costs in discretion of Court.
4.	Powers of Court.	5.	Costs out of funds or property.	6.	7. Principles to be observed in fixing costs.
8.	Stay of proceedings till costs paid.	9.	Taxation of costs.	10.	Discretion of taxing master.
11.	Taxation.	12.	Where more than one-sixth of amount of bill of costs deduced on taxation.	13.	Costs in action which could have been taken in inferior court.

Order 54

Fees and Allowances

Fees and allowances.

Regulations.

High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules

Order 1

Form and Commencement of Action

1. Subject to the provisions of any enactment, civil proceedings may be begun by writ, originating summons, civil proceedings originating motion or petition, or any other method required by other rules of court governing any special subject matter as provided in these Rules.

2. (1) Subject to the provisions of any enactment or of these Rules by virtue of which any proceedings are expressly required to be begun otherwise than by writ, proceedings in which a claim-

(a) is made by a plaintiff for any relief or remedy for any tort or other civil wrong;

(b) made by the plaintiff is based on an allegation of fraud;

(c) is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a law or independently of any contract or any such provision) or where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property;

(d) is made by the plaintiff in respect of the infringement of a patent, trade mark, copyright, intellectual or any other proprietary interest of whatever kind;

(e) for a declaration is made by an interested person,

(2) Proceedings may be begun by originating summons where –

(a) the sole or principal question at issue is, or is likely to summon, be, one of the construction of a written law or of any instrument made under any written law, or of any deed, will, contract or other document or some other question of law; or

(b) there is unlikely to be any substantial dispute of fact.

(3) Proceedings may be begun by originating motion or maybe begun by petition where by these Rules or under any written law the proceedings in question are required or authorized to be so begun, but not otherwise.

Order 2

Effect of Non-Compliance

1. (1) Where in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure may be treated as an irregularity and if so treated, will not nullify the proceedings, or any document, judgment or order therein.

(2) The Court may on the ground that there has been such a failure as mentioned in paragraph (1) of this rule and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein, or it may exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.

2. (1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein, shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2) Any application under paragraph (1) of this rule may be made by summons or motion on notice, and the grounds of objection shall be stated in the summons or notice of motion.

Order 3

Particulars of Claim

1. The Court may, on the application of the defendant, or on its own motion, order further or better particulars to be supplied by the plaintiff.

2. Subject to any amendment granted by the Court, the plaintiff shall not, at the hearing, obtain a judgment for any sum exceeding that stated in the particulars, except for subsequent interests and the costs of suit, notwithstanding that the sum claimed in the writ for debt or damages exceeds the sum stated in the particulars.

3. (1) Where a party seeks, (in addition to or without any order for the payment of money) to obtain as against any person, any general or special declaration of his rights under contract or instrument; or to set aside any contract, or to have any bond, bill note, or instrument in writing delivered up to be canceled or to restrain any defendant by injunction; or to have an account taken between himself and any other party, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff or defendant may, in the writ of summons or in any pleading, refer to and briefly describe any documents on the contents of which he intends to rely, and annex copies of such documents to the writ or pleading, or may state any reason for not annexing copies which he may have to allege.

(2) The party shall allow the opposite party to inspect any such documents as are in his possession or power.

4. (1) Particulars of claim shall not be amended except by leave of the Court, and the Court may, on any application for leave to amend, grant the application if it appears that the defendant shall not be prejudiced by the amendment; otherwise, the Court may refuse leave to grant the application.

(2) Leave to amend shall be granted, where appropriate, on such terms as to notice, postponement of trial or costs, as justice may require.

5. Any variance between the items contained in the particulars, and the items proved at the hearing, may be amended at the hearing, either at once or on such terms as to notice, adjournment, or costs, as justice may require.

Order 4

Causes of Action

1. (1) Subject to rule 3 of this Order, a plaintiff may in one action claim relief against the same defendant in respect of two or more causes of action -

(a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity, in respect of all the causes of action; or

(b) if the plaintiff claims, or the defendant is alleged to be liable, in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of the other or others; or

(2) An application for leave under this rule shall be made ex-parte by motion before the writ or originating summons, as the case may be, is issued and the affidavit in support of the motion shall state the grounds of the application.

2. (1) Subject to paragraph (2) of this rule, a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counter-claim in respect of that matter; and where he does so he shall add the counter-claim to his defence.

(2) Paragraph (1) of this rule shall apply in relation to a counter-claim as if the counter-claim were a separate action and as if the person making the counter-claim were a plaintiff and the person against whom it is made, a defendant.

(3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in his action, or that the action is stayed, discontinued or dismissed.

3. (1) If claims in respect of two or more causes of action are included by a plaintiff in the same action or by a defendant in a counter-claim, or if two or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of such causes of action or of parties, as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.

(2) If it appears on the application of any party against whom a counter-claim is made, that the subject matter of the counter-claim ought for any reason to be disposed of by a separate action, the Court may order it to be tried separately or make such other order as may be expedient.

Order 5

Writ of Summons

1. (1) A writ of summons shall be issued by the Registrar, or other officer of the Court empowered to issue summonses, on application.

(2) The application shall ordinarily be made in writing by the plaintiffs solicitor by completing Form 1 in the Appendix to these Rules; but the Registrar or other officer as aforesaid may, where the applicant for a writ of summons is illiterate, or has no solicitor, dispense with a written application and instead himself record full particulars of an oral application made and on that record a writ of summons may be prepared, signed and issued.

2. The writ of summons shall –

(a) contain the name and place of abode of the plaintiff and of the defendant so far as they can be ascertained; and

(b) state briefly and clearly –

(i) the subject matter of the claim, and the relief sought for, and

(ii) the date of the writ, and place (called the return-place) of hearing.

3. An alteration of a writ without the leave of the shall render the writ void.

4. A plaintiff may unite in the same suit several causes of action, but the Court may if it think that the causes of action, or some of them, cannot be conveniently tried together, order separate trials or make such other order as may be necessary or expedient for the separate disposal thereof, and may make such order as to adjournment and costs as justice requires.

5. Causes or matters pending in the same Court may by order of the Court be consolidated and the Court shall give such directions as may be necessary with respect to the hearing of the causes or matters so consolidated.

6. Subject to the provisions of these Rules or of any written law in force in the Federal Capital Territory, Abuja, no writ of summons for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of Court or a Judge in Chambers.

7. Writ of summons shall be printed on an opaque foolscap size paper of good quality.

8. (1) Every writ shall be in Form 1, 2, 3, or 4 in Appendix to these Rules or forms to the like effect in all matters, causes and proceedings to which they are applicable, with such variations as circumstances may require.

(2) In proceedings for which forms are not provided or prescribed by these Rules or by any subsequent Rules or orders of Court, the Registrar may, subject to the approval of the Court, from time to time, frame the forms required.

9. The sealing of any writ or process shall not be necessary in addition to the signature of the Registrar or other officer by whom the writ or process shall be signed, except in cases where sealing may be expressly directed by these Rules or any written law or Rule of Court, or by any prescribed form.

10. Before a writ is issued it shall be endorsed-

(a) with a statement of claim or, if the settlement of claim is not endorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby; and

(b) where the claim made by the plaintiff is for a debt or a liquidated demand only, with a statement of the amount claimed in respect of the debt or demand, and for costs.

11. (1) Before a writ is issued it shall be endorsed where-

(a) the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues; and

(b) a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.

Summons for service out of jurisdiction.

(2) Before a writ is issued in an action brought by a plaintiff who in bringing it, is acting by order or on behalf of a person resident outside the jurisdiction, it shall be endorsed with a statement of that fact and with the address of the person so resident.

12. (1) Where a plaintiff sues by a legal practitioner, the writ shall be endorsed with the plaintiff's address and the legal practitioner's name or firm and a business address of his within the jurisdiction and also, if the legal practitioner is the agent of another, the name or firm and business address of his principal.

(2) Where the plaintiff sues in person, the writ shall be endorsed with

(a) the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent;

(b) his occupation; and

13. (1) One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.

(2) Without prejudice to the generality of the provisions of paragraph (1) of this rule, a writ for service within the jurisdiction may be issued as a concurrent writ with one which, or notice of which, is to be served out of the jurisdiction; and a writ which or notice of which, is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction.

(3) A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued.

14. No writ which, or notice of which, is to be served out of the jurisdiction shall be issued without leave of the Court.

Provided that if any claim made by a writ is one which by virtue of an enactment the Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provisions shall not apply to the writ.

15. A writ is issued upon its being signed by the Registrar or other officer of the Court duly authorised to sign the writ.

16. (1) For the purpose of service, a writ (other than a concurrent writ) shall be valid in the first instance for twelve months beginning with the date of its issue, and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.

(2) Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow.

(3) Before a writ, the validity of which has been extended under this provision, is served, it shall be marked with an official stamp showing the period for which the validity of the writ has been so extended.

(4) Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served, so as to extend the validity of that other writ until the expiration of the period specified in the order.

Order 6

Originating Summons

1. The provisions of this Order shall apply to all originating summonses subject, in the case of originating summonses of that class made by these Rules or by or under any Act or other written law.

2. (1) Every originating summons shall be in Forms 53, 54, 55, 56 or 57 in the Appendix to these Rules, whichever is appropriate.

(2) The party taking out an originating summons (other than an ex parte summons) shall be described as plaintiff and the party against whom it is taken out shall be described as defendant.

3. Every originating summons shall include a statement of the questions on which the plaintiff seeks the determination or direction of the Court or, as the case may be, concise statement of the relief or remedy claimed in the proceeding begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy.

4. (1) Before an originating summons is issued it shall be endorsed where-

(a) the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues; and

(b) a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.

(2) Before an originating summons is issued in an action brought by a plaintiff who, in bringing it is acting by order or on behalf of a person resident outside the jurisdiction, it shall be endorsed with a statement of that fact and with the address of the person so resident.

5. (1) Where a plaintiff sues by a legal practitioner, the originating summons shall be endorsed with the plaintiff's address and the legal practitioner's name or firm and a business address of his within the jurisdiction and also, if the legal practitioner is the agent of another, the name or firm and business address of his principal.

(2) Where the plaintiff sues in person, the originating summons shall be endorsed with –

(b) his occupation; and

6. (1) An originating summons for service within the jurisdiction may be issued and marked as a concurrent originating summons with one for service out of the jurisdiction; and an originating summons for service out of jurisdiction may be issued and marked as a concurrent originating summons with one for service within the jurisdiction.

(2) Where the plaintiff sues in person, the originating summons shall be endorsed with-

(a) the address of his place of residence and if his place of residence is not within the jurisdication or if he has no place of residence, the address of a place within the jurisdication at or to which documents for him may be delivered or sent;

(b) his occupation; and

6. An originating summons for service within the jurisdication may be issued and marked as a concurrent originating summons with one for service out of the jurisdication; and an originating summons for service out of jurisdiction may be issued and marked as a concurrent originating summons with one for service within the jurisdiction.

7. No originating summons which, or notice of which, is to be served out of the jurisdication shall be issued without leave of the Court:

Provided that if any claim made by an originating summons is one which by virtue of an enactment the Court has power to hear and determine, notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the provisions of this rule shall not apply to the summons.

8. An originating summons is issued upon its being signed by the Registrar or other officer of the Court duly authorised to sign summons.

9. (1) For the purpose of service, an originating summons (other than a concurrent one) shall be valid in the first instance for twelve months beginning with the date of its issue and a concurrent originating summons shall be valid in the first instance for the period of validity o the original summons which is unexpired at the date of issue of the concurrent summons.

(2) Where an originating summons has not been served on a defendant, the Court may by order extend the validity of the summons from time to time for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow.

(3) Before an originating summons, the validity of which has been extended under this provision is served, it shall be marked with an official stamp showing the period for which the validity of the summons has been so extended.

(4) Where the validity of an originating summons is extended by order made under this rule, the order shall operate in relation to any other summons (whether original or concurrent) issued in the same action which has not been served, so as to extend the validity of that other summons until the expiration of the period specified in the order.

10. Rules 2(l) and 3(3) of this Order shall, so far as applicable, apply to an ex parte originating summons; but, save as aforesaid, the foregoing provisions of this order shall not apply to ex parte originating summons.

Order 7

Petition: General Provisions

1. This Order shall apply to petitions by which civil proceedings in the Court are begun, subject, in the case of petitions of any particular class, to any special provisions relating to petitions of that class made by or under any Act or Law.

2. (1) Every person shall include a concise statement of the nature of the claim made or relief or remedy required in the proceedings begun thereby.

(2) Every petition shall include at the end thereof a statement of the names of the persons, if any, required to be served therewith or if no person is required to be served, a statement to that effect.

(3) Where a person brings a petition by a legal practitioner, the petition shall be endorsed with that person's address and the legal practitioner's name or firm and a business address of his within the jurisdiction and also, if the legal practitioner is the agent of another, the name or firm and business address of his principal.

(4) Where a person brings a petition in person, the petition shall be endorsed with-

(b) his occupation; and

3. A petition shall be presented in the Court Registry.

4. (1) A day and time for the hearing of a petition which is required to be heard shall be fixed by the Registrar.

(2) Unless the Court otherwise directs, a petition which is required to be served on any person shall be served on him not less than seven days before the day fixed for the hearing of the petition.

5. No application in any pending cause or matter may be made by petition.

Order 8

Interlocutory Applications

I. Motions Generally

1. An interlocutory application may be made at any stage of an action.

2. (1) Where by these Rules any application is authorised to be made to the Court or a Judge in chambers or a Registrar, the application may be made by motion.

(2) The Registrar shall make up, for each day on which there are any motions to be heard, a motion list on which he shall enter the names of each cause in which a motion is made, the party moving, and the terms of the order sought by him.

3. Every motion shall be supported by affidavit setting out the grounds on which the party moving intends to rely and no affidavit shall be used at the hearing unless it is duly filed.

4. Where service of a motion is required by these Rules or directed by the Court or Judge, the motion shall be served together with all affidavits on which the party moving intends to rely.

5. A motion may be heard at any time while the Court is sitting.

6. The hearing of any motion may, from time to time, be adjourned upon such terms as the Court may think fit.

7. (1) No motion shall be made without previous notice to the parties affected thereby.

(2) Notwithstanding paragraph (1) of this rule, the Court may, if satisfied that to delay the motion till after notice is given to the parties affected would entail irreparable damage or serious mischief to the party moving, make an order ex parte upon such terms as to costs or otherwise and subject to such undertakings, if any, as the justice of the case demands.

2.Ex parte Motion

8. A motion ex parte shall be supported by affidavit which shall, in addition to the requirements of rule 3 of this Order, state sufficient grounds why delay in granting the order sought would entail irreparable damage or serious mischief to the party moving.

9. Any party moving the Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence, and no party to the suit or proceedings, although present, other than the party moving, shall be entitled to be then heard.

10. Where a motion is made ex parte, the Court may make or refuse to make the order sought, or may grant an order to show cause why the order sought should not be made, or may direct the motion to be made on notice to the parties to be affected thereby.

11. Where an order is made on a motion ex parte, any party affected by it may, within seven days after service of it, or within such further time as the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court may, on notice to the party obtaining the order, either refuse to vary or discharge it with or without imposing terms as to costs or security, or otherwise, as seems just.

3.Orders to show Cause

12. An order to show cause shall specify a day when cause is to be shown, to be called the return-day to the order, which shall ordinarily be not less than three days after service.

13. A person served with an order to show cause may, before the return-day, produce evidence to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies to induce the Court to discharge or vary the order.

14. On the return-day, if the person served does not appear and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time and direct further service or make such other order as seems just.

15. If the person served appears, or the Court is satisfied that service has been duly effected, the Court may proceed with the matter.

16. The Court may either discharge the order or make the order absolute, or adjourn the consideration thereof, or permit further evidence to be produced in support of or against the order, and may modify the terms of the order so as to meet the merits of the case.

4.Notice of Motion

17. Unless the Court gives special leave to the contrary, there shall be at least two clear days between the service of a notice or motion and the day named in the notice for hearing the motion.

18. Notice of motion may, without leave of the Court, be served by any person, notwithstanding that that person is not an officer of the Court.

19. Where a party acts by a legal practitioner, service of notice of motion on the legal practitioner shall be deemed good service on that party.

20. There shall be served along with the notice of motion a copy of any affidavit on which the party moving intends to rely at the hearing of the motion.

21. If at the hearing of any motion, the Court is of the opinion that any person, to whom notice has not been given, ought to have or to have had the notice, the Court may either dismiss the motion, or adjourn the hearing thereof in order that the notice may be given, upon such terms as the Court may deem fit.

22. The plaintiff may, by leave of the Court, cause any notice of motion to be served upon any defendant with the writ of summons.

5.Evidence in Interlocutory Proceedings

23. (1) Oral evidence shall not be heard in support of any motion unless by leave of the Court.

(2) Where the party moving is illiterate, the Court may direct evidence to be taken by the Registrar, or other fit officer of Court, and the minute of that evidence may be used as an affidavit.

24. The Court may, in addition to or in lieu of affidavits if it thinks it expedient, examine any witness viva voce, or receive documents in evidence, and may summon any person to attend to produce documents before it, or to be examined or cross-examined before it in like manner as at the hearing of a suit.

25. Such notice as the Court in each case, according to the circumstances, considers reasonable, shall be given to the persons summoned, and to such persons (parties to the cause or matter or otherwise interested) as the Court considers entitled to inspect the documents to be produced or to examine the person summoned, or to be present at his examination, as the case may be.

26. The evidence of a witness on any such examination shall be taken in like manner as nearly as may be as at the hearing of a suit.

27. Upon the hearing of any motion the Court may, on such terms as to cost and adjournment as it may think fit, allow any additional affidavit to be used, after the affidavit has been duly filed and served on the opposite side.

28. A registrar hearing any application by virtue of the provisions of these Rules, shall have and exercise all the powers conferred by these Rules on the Court or a Judge when dealing with such application.

29. No registrar other than one who is also a qualified legal practitioner shall have the power to hear and determine any application which by these Rules is conferred upon a registrar.

30. If, in the Federal Capital Territory, Abuja, there is no legally qualified registrar, any application which by these Rules is authorised to be determined by a registrar shall be made to a Judge who in his absolute discretion may take the application in Court or in chambers.

31. (1) Upon the determination of any application by a Registrar, any party dissatisfied with the ruling or decision of the Registrar in the matter may, within fourteen days of the decision or ruling apply to the Court or to a Judge in chambers for a redress in the following manner and circumstances where the aggrieved party is the-

(a) mover of the application before the Registrar, he shall renew his application before the Court or a Judge; and

(b) respondent to the application before the Registrar, he shall apply to the Court or a Judge for an order setting aside the order of the registrar about which he is dissatisfied.

(2) Any application under sub-paragraph (a) and (b) of paragraph (1) of this rule, shall be supported by affidavit showing the grounds upon which redress is sought.

(3) There shall be attached to the application, a copy of the ruling or decision of the Registrar with which the party is dissatisfied and copies of all affidavits and documents used in support of the application before the Registrar.

Order 9

Affidavits

1. Upon any motion, petition or summons, evidence may be given by affidavit; but the Court, or a Judge in chambers may, on the application of either party, order the attendance for cross-examination of the person making any such affidavit and where, after such an order has been made, the person in question does not attend, his affidavit shall not be used as evidence unless by special leave of the Court or a Judge in chambers.

2. Every affidavit shall be titled in the cause or matter in which it is sworn; but in every case in which there are more than one plaintiff or defendant, it shall be sufficient to state the full names of the first plaintiff and first defendant respectively, and indicate that there are other plaintiffs or defendants, as the case may be.

3. The Court or a Judge in chambers may receive any affidavit sworn for the purpose of being used in any cause or matter notwithstanding; any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

4. Where a special time is limited for filing affidavit, no affidavit filed after that time shall be used, unless by leave of the Court or a Judge in chambers.

5. Except by leave of the Court or a Judge in chambers, no order made ex parte in Court founded on any affidavit shall be of any force parts unless the affidavit on which the application was made was actually made before the order was applied for and produced or filed at the time of making the motion.

6. The party intending to use any affidavit in support of any application made by him in chambers shall give notice to the other parties concerned in that behalf.

7. All affidavits which have been previously made and read in Court upon any proceeding in a cause or matter may be used before the Judge in chambers.

8. Every alteration in an account verified by affidavit to be left at chambers shall be marked with the initials of the commissioner before whom the affidavit is sworn, and the alterations shall not be made by erasure.

9. Accounts, extracts from registers, particulars of creditors' debts and other documents referred to by affidavit, shall not be annexed to the affidavit, or referred to in the affidavit as annexed but shall be referred to as exhibits.

10. Every certificate on an exhibit referred to in an affidavit signed by the commissioner before whom the affidavit is sworn shall be marked with the short title of the cause or matter.

11. Sections 77 to 89 of the Evidence Act which set out provisions governing affidavits, shall apply as if they were part of these Rules.

12. A document purporting to have affixed or impressed thereon or subscribed thereto the seal or signature of a Court, Judge, Notary Public or person having authority to administer oath in any part of the Commonwealth outside Nigeria in testimony of an affidavit being taken before it or him in that part shall be admitted in evidence without proof of the seal or signature of that Court, Judge, Notary Public or person.

Order 10

Place of Instituting and of Trial of Suits

1. All suits relating to land, or any mortgage or charge thereon, or any other interest therein or for any injury thereto and also all actions relating to personal property distrained or seized for any cause, shall where the land is situated, or the distress or seizure took place in the Federal Capital Territory, Abuja be commenced and determined in the High Court of the Federal Capital Territory, Abuja.

2. All actions for recovery of penalties and forfeitures and also all actions against public officers, shall where the cause of action arose in the Federal Capital Territory, Abuja, be commenced and tried in the High Court of the Federal Capital Territory, Abuja.

3. All suits for specific performance, or upon the breach of any contract, shall where the contract ought to have been performed or where the defendant resides or carries on business in the Federal Capital Territory, Abuja, be commenced and determined in the High Court of the Federal Capital Territory, Abuja.

4. (1) All other suits shall where the defendant resides or carries on business or where the cause of action arose in the Federal Capital Territory, Abuja, be commenced and determined in the High Court of the Federal Capital Territory, Abuja.

(2) If there are more defendants than one resident in different Judicial Divisions, the suit may be commenced in any one of the Judicial Divisions; subject, however, to any order which the Court may, upon the application of any of the parties, or on its own motion, think fit to make with a view to the most convenient arrangement for the trial of the suit.

5. In case any suit is commenced in any other Judicial Division than that in which it ought to have been commenced, it may, notwithstanding, be tried in the Judicial Division in which it has been so commenced, unless the Court otherwise directs, or the defendant pleads specially in objection to the jurisdiction before or at the time when he is required to state his answer or to plead in such cause.

6. No proceedings which may have been taken previously to such plea in objection shall be in any way affected thereby; but the Judge shall order that the cause be transferred to the Judicial Division to which it may be proved to his satisfaction to belong, or, failing such proof, that it be retained and proceed in the Court in which it has been commenced, and the order shall not be subject to appeal.

Order 11

Parties

A. General

1. All persons may be joined in one action as plaintiffs in whom any right to relief (in respect of or arising out of the same transaction or in a series of transactions) is alleged to exist whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise; and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment:
Provided that if, upon the application of any defendant, it appears that the joinder may embarrass any of the parties or delay the trial of the action, the Court or a Judge in chambers may order separate trial, or make such other order as may be expedient in the circumstances.

2. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff, the Court or a Judge in chambers, may, if satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as may be just.

3. (1) All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative.

(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.

4. Where in an action, any person has been improperly or unnecessarily joined as a co-plaintiff, and the defendant has set up a counter- claim or set-off, the defendant may obtain the benefit thereof by establishing his set-off or counter-claim as against the parties other than the co-plaintiff so joined, notwithstanding the mis-joinder of the plaintiff or any proceeding consequent thereon.

5. (1) If it appears to the Court, at or before the hearing of a suit, that all the persons who may be entitled to or who claim some share or interest in the subject-matter of the suit, or who may be likely to be affected by the result, have not been made parties, the Court may adjourn the hearing of the suit to a future day, to be fixed by the Court and direct that those persons shall be made either plaintiffs or defendants in the suit, as the case may be.

(2) In such case the Court shall issue a notice to the person which shall be served in the manner provided by these Rules for the services of a writ of summons or in such other manner as the Court thinks fit to direct; and on proof of the due service of the notice, the person so served whether he appears or not, shall be bound by all proceedings in the cause:

Provided that a person so served, and failing to appear within the time limited by the notice for his appearance, may at any time before judgment in the suit, apply to the Court for leave to appear, and the leave may be given upon such terms (if any) as the Court thinks fit.

(3) The Court may, at any stage of the proceedings and on such terms as appear to the Court to be just, order that the name or names of any party or parties, whether as plaintiffs or defendants, improperly joined, be struck out.

6. Where a person has a joint and several demand against more persons than one, ether as principals or sureties, it shall not be necessary for him to bring before the Court, as parties to a suit concerning the demand, all the persons liable thereto and he may proceed against any one or more persons severally or jointly and severally liable.

7. (1) If the plaintiff sues, or any defendant counter-claims, in any representative capacity, it shall be so expressed on the writ.

(2) The Court may order any of the persons represented to be made parties either in lieu of, or in addition to, the previously existing parties.

8. Where more persons than one have the same interest in one suit, one or more of them may, with the approval of the Court, be authorised by the other persons interested to sue or to defend the suit for the benefit of or on behalf of all parties so interested.

9. Any two or more persons claiming or alleged to be liable as partners may sue or be sued in the name of the firm in which they were partners when the cause of action arose; and any party to an action may in such case apply to the Court for a statement of the names and addresses of the persons who were when the cause of action arose, partners in any such firm, to be furnished in the manner, and verified on oath or otherwise, as the Court may direct.

10. Infants may sue as plaintiffs by their next friends and may defend by guardians appointed for that purpose.

11. Lunatics and persons of unsound mind may respectively sue as plaintiffs by their committees or next friends, and may in like manner defend any action by their committees or guardians appointed for that purpose.

12. (1) An infant shall not enter an appearance except by his guardian ad litem.

(2) No order for the appointment of a guardian shall be necessary if the legal practitioner applying to enter the appearance makes and files an affidavit in Form 14 in the Appendix to these Rules with such variations as circumstances may require.

(3) This provision shall also apply in cases where an infant is served with a petition or notice of motion, or a summons, in any matter.

13. Before the name of any person is used in any action as next friend of any infant or other party, or as relator, that person shall sign a written authority for that purpose, and the authority shall be filed in the Registry.

14. (1) Trustees, executors, and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court or a Judge in chambers may at any stage of the proceedings, order any such persons to be made parties either in addition to or in lieu of the previously existing parties.

(2) The provisions of paragraph (11) of this rule shall also apply to trustees, executors and administrators sued in proceedings to enforce a security by foreclosure or otherwise.

15. Where a defendant is added or substituted, the writ of summons shall be amended accordingly and the plaintiff shall, unless otherwise ordered by the Court or a Judge in chambers, file an amended writ and cause the new defendant to be served in the same manner as original defendants are served and the proceedings shall be continued as if the new defendant had originally been made a defendant.

16. Any application to add, strike out or substitute a plaintiff or defendant may be made to the Court or Judge in chambers at any time before trial by motion or summons, or in a summary manner at the trial of the action.

17. (1) Where in any action, a defendant claims as against any person not already a party to the action (in this Order called "the third party") that-

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

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

(c) any question or issue relating to or connected with the said subject-matter is substantially, the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant and the third party or between any or either of them,
the Court or a Judge in chamber may give leave to the defendant to issue and serve a third-party notice.

(2) The Court or a Judge in chambers may give leave to issue and serve a third party notice on an ex parte application supported by affidavit or where the Court or Jud e in chambers directs a summons to the plaintiff to be issued, upon the hearing of the summons:

Provided that leave shall not be granted in cases where the action was begun and an order for pleadings made before the date of the commencement of this rule.

18. (1) The notice shall-

(a) state the nature and grounds of the claims or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed;

(b) be in accordance with Form 23 or Form 24 in the Appendix to these Rules with such variations as circumstances may require; and

(2) The notice shall, unless otherwise ordered by the Court or by a Judge in chambers, be served within the time limited for delivering the defence, or, where the notice is served by a defendant to a counter-claim, the reply and with it also shall be served a copy of the writ of summons or originating summons and of any pleadings filed in the action.

19. The third party shall, as from the time of the service upon him of the 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 duly sued in the ordinary way by the defendant.

20. The third party may enter an appearance in the action within eight days from service or within such further time as may be directed by the Court or Judge in chambers as specified in the notice (where the third party is served in Nigeria outside the jurisdiction of the High Court of the Federal Capital Territory, Abuja the period for entering appearance shall be at least thirty days):
Provided that a third party failing to appear within such time may apply to the Court or Judge in chambers for leave to appear, and the leave may be given upon such terms, if any, as the Court or Judge in chambers thinks fit.

21. If a third party duly served with a third party notice does not enter an appearance or makes default in filing any pleading which he has been ordered to file, he shall be deemed to admit any claim stated in the third-party notice and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein or any question specified in the action, and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of that contribution or indemnity or other relief or remedy.

22. Where a third part makes default in entering an appearance or filing any pleading which he had been ordered to file and the defendant giving the notice suffers judgment by default, the defendant shall be entitled at any time, after satisfaction of the judgment against himself, or before the satisfaction by leave of the Court or a Judge in chambers, to enter judgment against the third party to the extent of any contribution or indemnity claimed in the third party notice, or by leave of the Court or a Judge in chambers, to enter such judgment in respect of an other relief or remedy claimed as the Court or a Judge in chambers shall direct:

Provided that it shall be lawful for the Court or a Judge in chambers to set aside or vary the judgment against the third party upon such terms as may seem just.

23. (1) If the third party enters an appearance, the defendant giving notice may, after notice of the intended application has been served upon the plaintiff, the third party and on any other defendant, apply to the Court or a Judge in chambers for directions, and the Court or Judge in chambers may-

(a) where the liability of the third party to the defendant giving the notice is established on the hearing of the application, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant giving the notice; or

(b) if satisfied that there is a question or issue properly to be tried as between the plaintiff and the defendant and the third party or between any or either of them as to the liability of the defendant to the plaintiff or as to the liability of the third party to make any contribution or indemnity claimed, in whole or in part, or as to any other relief or remedy claimed in the notice b the defendant or that a question or issue stated in the notice should be determined not only as between the plaintiff and the defendant but as between the plaintiff, the defendant and the third party or any or either of them, order that question or issue to be tried in such manner as the Court or a Judge in chambers may direct; or

(2) Any directions given pursuant to this rule may be given either before or after any judgment has been entered in favour of the plaintiff against the defendant in the action, and may be varied from time to time and may be rescinded.

(3) The third party proceedings may at any time be set aside by the Court or a Judge in chambers.

24. The Court or a Judge in chambers upon the hearing of the application for directions may, if it appears desirable to do so, give the third party liberty to defend the action either alone or jointly with the original defendant upon such terms as may be just; or to appear at the trial and take such part therein as may be just, and generally may order such proceedings to be taken, pleadings or documents to be filed, or amendments to be made, and give such directions as to the Court or Judge in chambers appears proper for having the question and the rights and the liabilities of the parties most conveniently determined and en- forced, and as to the mode and extent in or to which the third party shall be bound or made liable by the decision or judgment in the action.

25. (1) Where the action is tried, the Judge who tries the action may, at or after the trial, enter such judgment as the nature of the case may require for or against the defendant giving the notice or against or for the third party, and may grant to the defendant or to the third party, any relief or remedy which might properly have been granted if the third party had been made a defendant to an action duly instituted against him by the defendant:

Provided that execution shall not be issued without leave of the Court or of a Judge in chambers until after satisfaction by the defendant of the judgment against him.

(2) Where the action is decided otherwise than by trial, the Court or a Judge in chambers may, on application by motion or summons, make, such order as the nature of the case may require, and where the plaintiff has recovered judgment, may cause such judgment as may be just to be entered for or against the defendant giving notice or against or for the third party.

26. Any person carrying on business within the jurisdiction in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all provisions relating to proceedings against firms shall apply.

27. In probate actions, any person not named in the writ may intervene and appear in the action on filing an affidavit showing how he is interested in the estate of the deceased.

28. Any person not named as a defendant in a writ of summons for the recovery of land may by leave of the Court or a Judge in chambers, appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or by his tenant.

29. Any person appearing to defend an action for the recovery of land as landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord.

30. Where a person not named as defendant on an writ of summons for the recovery of land has obtained leave of the Court or a Judge in chambers to appear and defend, he shall enter an appearance, according to the foregoing rules of this Order, and shall forthwith pay the proper fees for notice of such appearance to be given by the Registrar to the plaintiff's legal practitioner, or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the action.

31. Where a plaintiff, on whose behalf or by whom a suit is instituted or carried on, either alone or jointly with another person, is out of the jurisdiction, or is only temporarily therein, he shall assign a fit place within the jurisdiction where notices or other papers issuing from the Court may be served on him.

32. If it is made to appear on oath, or an affidavit to the satisfaction of the Court that the def6ndant has a bona fide counter-claim against the plaintiff which can be conveniently tried by the Court, the Court may, in its discretion stay proceedings in the suit instituted by the plaintiff until he provides such security to comply with the orders and judgment of the Court with respect to such counter-claim as the Court thinks fit.

33. Where by these Rules, any act may be done by any party in an action, that act may be done either by the party in person, or by his legal practitioner, or by his agent (unless an agent is expressly debarred under these Rules or any written law in force in the Federal Capital Territory, Abuja).

B. Alteration of Parties

34. (1) Where after the institution of a suit, any change or transmission of interest or liability occurs in relation to any party to the suit, or any party to the suit dies or becomes incapable of carrying on the suit, or the suit in any other way becomes defective or incapable of being carried on, any person interested may obtain from the Court, any order requisite for curing the defect or enabling or compelling proper parties to carry on the proceedings.

(2) Any person served with such an order may, within such time as the Court in the order directs, apply to the Court to discharge or vary the order.

35. The death of a plaintiff or defendant shall not cause a suit to abate if the cause of action survives.

36. If there are two or more plaintiffs or defendants, and one of them dies, and if the cause of action survives the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and against the surviving defendant or defendants.

37. (1) If there are two or more plaintiffs and one of them dies, and if the cause of action does not survive the surviving plaintiff or plaintiffs alone, but survives to them and the legal representative of the deceased plaintiff jointly, the Court may, on the application of the legal representative of the deceased plaintiff, enter the name of that legal representative in the suit in the place of the deceased plaintiff and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs and the legal representative of the deceased plaintiff.

(2) If no application is made to the Court by any person claiming to be the legal representative of the deceased plaintiff, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs; and the legal representative of the deceased plaintiff shall, after notice to appear, be interested in, and shall be bound by the judgment given in the suit, in the same manner as if the suit had proceeded at his instance conjointly with the surviving plaintiff or plaintiffs, unless the Court sees cause to direct otherwise.

38. (1) In case of the death of a sole plaintiff, or sole surviving plaintiff, the Court may, on the application of the legal representative of the deceased sole plaintiff, enter the name of that representative in the place of he plaintiff in the suit, and the suit shall thereupon proceed.

(2) If no such application is made to the Court within what it may consider a reasonable time by any person claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff, the Court may make an order that the suit shall abate, ant award to the defendant the reasonable costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased sole plaintiff or surviving plaintiff.

(3) The Court may, if it thinks proper, on the application of the defendant and upon such terms as to costs as may seem just, make such order for bringing in the legal representative of the deceased sole plaintiff or surviving plaintiff, and for proceeding with the suit in order to come to a final determination of the matters in dispute, as may appear just and proper in the circumstances of the case.

39. If any dispute arises as to who is the legal representative of a deceased plaintiff, the Court may either stay the suit until the fact has been duly determined in another suit, or decide at or before the hearing of the suit, who shall be admitted to be such legal representative for the purpose of prosecuting that suit.

40. (1) If there are two or more defendants and when one of them dies the cause of action survives but does not survive against the surviving defendant or defendants alone.

(2) In the case of the death of a sole defendant, or sole surviving defendant, where the action survives, the plaintiff may make an application to the Court, specifying the name, description and place of abode of any person whom the plaintiff alleges to be the legal representative of such defendant and whom he desires to be made the defendant in his stead.

(3) The Court shall thereupon enter the name of such representative in the suit in the place of such defendant, and shall issue an order to him to appear on a day to be therein mentioned to defend the suit and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant, and had been a party to the former proceedings in the suit.

41. (1) The bankruptcy of the plaintiff, in any suit which the assignee or trustee might maintain for the benefit of the creditors, shall not be a valid objection to the continuance of such suit, unless the assignee or trustee declines to continue the suit, or neglects or refuses to give security for the costs thereof, within such reasonable time as the Court may order.

(2) If the assignee or trustee neglects or refuses to continue the suit and to give the security within the time limited by the order, the defendant may, within eight days after the neglect or refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.

42. Where any cause or matter becomes abated or in the case of any such change of interest as is by these Rules provided for, the legal practitioner for the plaintiff or person having the conduct of the cause or matter, as the case may be, shall certify the fact to the Registrar, who shall cause an entry thereof to be made in the Cause Book opposite to the name of such case or matter.

43. Where any cause or matter has been standing for one year in the Cause Book marked as "abated" or "standing over generally" that cause or matter at the expiration of the year shall be struck out of the Cause Book.

Order 12

Service of Process

A. Service within Jurisdiction

1. Service of writs of summons, notices, petitions, pleadings, orders, summonses, warrants and of all other proceedings, documents, or written communications of which service is required, shall be made by the sheriff or a deputy sheriff, bailiff, officer of the Court, or by a person appointed therefor (either especially or generally) by the Court or by a Judge in chambers, unless another mode of service is prescribed by these Rules, or the Court or a Judge in chambers otherwise directs:

Provided that when a party is represented by a legal practitioner, service of notices, pleadings, petitions, orders, summonses, warrants and of all other proceedings, documents or written communications of which personal service is not required may be made by or on such legal practitioner or his clerk under his control.

2. Except as otherwise prescribed by an of these Rules, an originating process shall be served personally by delivering to the person to be served a copy of the document, duly certified by the Registrar as being a true copy of the original process filed, without exhibiting the original thereof.

3. No service of a writ of summons or other process on the defendant shall be necessary when the defendant by his legal practitioner undertakes in writing to accept service.

4. (1) The Court may in any civil case, for reasons which shall seem to it sufficient, appoint any process to be executed by a special bailiff, who for the time being shall have the privileges and liabilities of an officer of the Court.

(2) The expenses of the special bailiff shall be defrayed by the party on whose application he is appointed unless the Court in any case sees reason to vary this rule.

5. Where it appears to the Court (either after or without an attempt at personal service) that for any reason personal service cannot be conveniently effected, the Court may order that service be effected either by-

(a) delivery of the document to some adult inmate at the usual or last known place of abode or business of the person to be served; or

(b) delivery thereof to some person being an agent of the person to be served, or to some other person, on it being proved that there is reasonable 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

(d) notice put up at the principal court-house of, or some other place of public resort in the Judicial Division wherein the proceeding in respect of which the service is made is instituted, or at the usual or last known place of abode, or of business, of the person to be served.

6. When a party to be served is in the service of any Ministry or non-Ministerial Department of Government or of a Local Government, the Court may transmit the document to be served and a copy thereof to the senior officer of the Ministry or non-Ministerial Department of Government in the Federal Capital Territory, Abuja or place where the party to be served, works or resides or to the Local Government in whose service is the party to be served, and that officer, or Local Government shall cause the document to be served on the proper party accordingly.

7. Where partners are sued in the name of their firm, the writ or other document shall be served either upon any one or more of the partners, or at the principal place within the Federal Capital Territory, Abuja, of the business of the partnership upon any person having at the time of the service the control or management of the partnership business there; and such service shall be deemed good service upon the firm.

8. When the suit is against a corporation or a company authorised to sue and be sued in its name or in the name of an officer or trustee, the writ or other document may be served, subject to the enactment establishing that corporation or company or under which it is registered, as the case may be, by giving the writ or document to any director, secretary, or other principal officer, or by leaving it at the office, of the corporation or company.

9. Where the person on whom service is to be effected is living or serving on board of any ship, it shall be sufficient to deliver the writ or other document to the person on board who is at the time of the service apparently in charge of that ship.

10. Where the person on whom service is to be effected is a prisoner a prison, or a lunatic in any asylum, it shall be sufficient service to deliver the writ or other document at the prison or asylum to the superintendent or person appearing to be the head officer in charge.

11. Where an infant is a party to an action, service on his father or guardian, or if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Court or a Judge in chambers otherwise orders, be deemed good personal service on the infant:
Provided that the Court or Judge may order that service made or to be made on an infant personally shall be deemed good service.

12. Where service is to be made upon a person residing out of, but carrying on business within the jurisdiction in his own name or under the name of a firm through an authorised agent and the proceeding is limited to a cause of action which arose within the jurisdiction, the writ or other document may be served by giving it to that agent and such service shall be equivalent to personal service.

B. Service out of Jurisdiction

13. Service out of jurisdiction of a writ of summons or notice of a writ of summons may be allowed by the Court or a Judge in chambers whenever-

(a) the whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits); or

(b) any act, deed, will, contract, obligation, or liability affecting land or hereditaments situate within the jurisdiction is sought to be construed, testified, set aside or enforced in the action; or

(d) the action is for the administration of the personal estate of any deceased person, who at the time of his death was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, which ought to be executed according to the law in force in the jurisdiction; or

(e) the action is one brought against the defendant to enforce, rescind, dissolve, annul or otherwise affect a contract or to recover damages or other relief for or in respect of a breach of a contract-

(i) made within the jurisdiction,

(ii) made by or through an agent trading or residing within the jurisdiction on behalf of a principal or residing out of the jurisdiction,

(iii) by its terms or by implication to be governed by the law in force in the jurisdiction, or is brought against the defendant in respect of a breach committed within the jurisdiction of a contract wherever made even though the breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction; or

(f) the action is founded on a tort or other civil wrong committed within the jurisdiction; or
(g) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or

(h) any person out of jurisdiction is a necessary or proper party to an action properly brought against some other party within the jurisdiction; or

(i) the action is by a mortgagee or mortgagor in relation to a mort age of property situate within the jurisdiction and seeks relief of the nature or kind of the following, that is to say, sale, foreclosure, delivery of possession by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee; but does not seek (unless and except so far as permissible under paragraph (e) of this rule) any personal judgment or order for payment of any moneys due under the mortgage; or

(j) the action is one brought under the Civil Aviation Act or any regulations made in pursuance of that Act or any law relating to carriage by air.

14. In this Order, "out of jurisdiction" means out of the Federal Republic of Nigeria.

15. (1) Every application for leave to serve a writ or notice on a defendant out of the jurisdiction shall be supported by affidavit or other evidence stating that in the belief of the deponent, the plaintiff has a good cause of action and showing in what place or country the defendant is or probably may be found and whether the defendant is a Commonwealth citizen or not, and the grounds upon which the application is made.

(2) No such leave shall be granted unless it is made sufficiently to appear to the Court or a Judge in chambers that the case is a proper one for service out of the jurisdiction under these Rules.

16. Any order giving leave to effect such service or give such notice shall limit a time after such service or notice within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served or the notice given, and on whether the airmail is available to the defendant.

17. (1) When the defendant is neither a Commonwealth citizen nor in any Commonwealth country, notice of the writ and not the writ itself, shall be served upon him.

(2) Where leave is given under the foregoing provisions to serve notice of the writ of summons out of the jurisdiction, the notice shall be served in the manner in which writs of summons are served.

18. (1) Service out of the jurisdiction may be allowed by the Court or a Judge in chambers of the following processes or of notices thereof, that is to say-

(a) an originating summons, where the proceedings begun by an originating summons might have been begun by a writ of summons within these Rules;

(b) any originating summons, petition, notice of motion or other originating proceedings-

(i) in relation to an infant or lunatic or person of unsound mind,

(ii) under any law or enactment under which proceedings can be commenced otherwise than by writ of summons, or

(iii) under any rule of Court whereunder proceedings can be commenced otherwise than by writ of summons;

(c) without prejudice to the generality of subparagraph (b) of this paragraph, any summons, order or notice in any interpleader proceedings or for the appointment of an arbitrator or umpire or to remit, set aside, or enforce an award in an arbitration held or to be held within the jurisdiction;

(d) any summons, order or notice in any proceedings duly instituted whether by writ of summons or other such originating process as aforesaid.

(2) Where the person on whom an originating summons, petition, notice of motion, or other originating proceedings or a summons, order, or notice is to be served is neither a Commonwealth citizen nor residing within a Commonwealth country, a copy of the document concerned shall be served, together with an intimation in writing that a process in the form of the copy has been issued or otherwise launched.

(3) The provisions of rules 15, 16 and 17(2) of this Order shall apply mutatis mutandis to service under this Rule.

19. (1) Where leave is given to serve a writ of summons or a notice of a writ of summons in any foreign country other than a country which a convention in that behalf has been made, the following procedure may be adopted-

(a) the document to be served shall be sealed with the seal of the Court for use out of the jurisdiction, and shall be transmitted to the Director-General of the Ministry of Justice by the Chief Registrar on the direction of the Chief Judge, together with a copy thereof translated into the language of the country in which service is to be effected and with a request for transmission to the Minister responsible for external affairs for the further transmission of the same to the Government of the country in which leave to serve the document has been given and such request shall be in Form 7 in the Appendix to these Rules with such variations as circumstances may require;

(b) the party bespeaking a copy of a document for service under this Rule shall, at the time of bespeaking the document, file a praecipe in Form 8 of the Appendix to these Rules;

(c) an official certificate, or declaration upon oath or otherwise, transmitted through the diplomatic channel by the Government or Court of a foreign country to which this provision applies, to the Court, shall, provided that it certifies or declares the document to have been personally served, or to have been duly served upon the defendant in accordance with the law of that foreign country, or words to that effect, be deemed to be sufficient proof of such service and shall be filed on record as, and be equivalent to, an affidavit of service within the requirements of these Rules in that behalf;

(d) where an official certificate or declaration, transmitted to the Court in the manner provided in sub-paragraph (c) of this paragraph certifies or declares that efforts to serve the document have been without effect, the Court or a Judge may, upon the ex parte application of the plaintiff, order substituted service of the document, and the document and a copy of it, and the order, shall be sealed and transmitted to the Director-General of the Ministry of Justice in the manner aforesaid together with a request in Form 9 of the Appendix to these Rules, with such variations as circumstances may require.

(2) Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which when lands, funds, chooses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without affecting to exercise jurisdiction, over any person out of the jurisdiction, cause that person to be informed of the nature or existence of the proceedings with a view to that person having an opportunity of claiming, opposing or otherwise intervening.

20. (1) Where, for the purpose of an action under the Civil Aviation Act and the Convention therein set out, leave is given to serve a notice of writ of summons upon a high contracting arty to the Convention other than Nigeria, the provisions of this rule shall apply. (2) The notice shall specify the time for entering an appearance as limited in pursuance of rule 16 of this Order.

(3) The notice shall be sealed with the seal of the Court for service out of the jurisdiction, and shall be transmitted to the Ministry of Justice, together with a copy thereof translated into the language of the country of the defendant, and with a request for transmission to the Minister responsible for external affairs for further transmission of the same to the Government of that country.

(4) The request shall be in Form 10 in the Appendix to these Rules with such variations as circumstances may require.

(5) The party bespeaking a copy of a document for service under this rule shall at the time of bespeaking the document file a praecipe in Form 9 in the Appendix to these Rules.

(6) An official certificate from the Minister responsible for external affairs transmitted by the Ministry of Justice or otherwise to the Court certifying that the notice was delivered on a specified date to the Government of the country of the defendant shall be deemed to be sufficient proof of service and shall be filed of record as, and be equivalent to, an affidavit of service within the requirements of these Rules in that behalf.

(7) After entry of appearance by the defendant, or, if no appearance is entered after expiry of the time limited for appearance, the action may proceed to judgment in all respects as if the defendant had for the purposes of the action waived all privileges and submitted to the jurisdiction of the Court.

(8) Where it is desired to serve or deliver a summons, order or notice in the proceedings on the defendant out of the jurisdiction, the provisions of these Rules shall apply with such variations as circumstances may require.

21. Where leave is given in a civil cause or matter or where such leave is not required and it is desired to serve any writ of summons, originating summons, notice, or other document in any foreign country with which a Convention in that behalf has been or shall be made, the following procedure shall, subject to any special provisions contained in the Convention, be adopted-

(a) the arty bespeaking the service shall file in the registry a request in Form 8 or Form 66 in the Appendix to these Rules which form may be varied as may be necessary to meet the circumstances of the particular case, in which it is used;

(b) Such request shall state the medium through which it is desired the service shall be effected, that is to say, whether-

(i) directly through the diplomatic channels, or

(ii) through the foreign judicial authority, and shall be accompanied by the original document and translation thereof in the language of the country in which service is to be effected, certified by or on behalf of the person making the re- quest and a copy of each for every person to be served and any further copies which the Convention may require (unless the service is required to be made on a Nigerian subject directly through the diplomatic channels in which case the translation and copies thereof need not accompany the request unless the Convention expressly requires that they should do so);

(c) the documents to be served shall be sealed with the seal of the Court for use out of the jurisdiction and shall be forwa