Constitution of Nigeria

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Law Reporting

1.

Mode of beginning proceedings.

(2)

(3)

Proceedings which may be begun by motion or petition.

1.

Effect of non-compliance.

2.

Application to set aside for irregularity.

1.

Further particulars.

2.

(2)

Inspection of papers annexed.

4.

Amendment of particulars.

5.

Amendment of trial.

1.

All causes of action may be joined.

2.

Counter-claim against plaintiff.

3.

Court may order separate trials, etc.

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.

(2)

Provision for framing additional forms.

9.

10.

(2)

Summons for service out of jurisdiction.

12.

Endorsement as to legal practitioner and address.

13.

14.

Writ for service out of jurisdiction.

15.

"Issue", when effected.

16.

Validity and renewal of writ.

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

1.

Application.

2.

Contents of petition.

3.

Presentation of petition.

(2)

Fixing time for hearing petition.

5.

Certain applications not to be made by petition.

1.

Time to apply.

(2)

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.

8.

Affidavit in support of ex parte motion.

9.

Arguments on motion.

10.

Orders on ex parte motions.

11.

Court may vary or discharge order.

12.

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.

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.

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.

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.

11.

12.

Affidavit taken in Commonwealth country admissible without proof of seal, etc.

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.

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.

(2)

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.

10.

Infants as parties.

11.

Lunatics, etc.

(2)

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.

(2)

How leave obtained.

18.

Form and issue of notice.

19.

Effect of notice.

20.

Appearance.

21.

Default by third party.

22.

Procedure after default.

23.

Third party directions.

24.

Leave to defend.

(2)

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.

34.

Where change of interest, court may make order enabling suit to proceed

35.

36.

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.

42.

Legal practitioner of plaintiff to give notice of abatement.

43.

Abated cause, etc., to be struck out.

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.

12.

Service on local agent of principal who is 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.

(2)

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.

27.

Where violence threatened.

28.

Affidavit of service.

29.

Expenses of service.

30.

Service on Sunday or public holiday.

31.

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.

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.

1.

Defendant leaving jurisdiction or removing property

2.

Warrant to arrest.

3.

Bail for appearance or satisfaction.

(2)

Defendant may be committed to Custody.

5.

In what division proceedings may be taken.

6.

Cost of subsistence of persons arrested.

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.

1.

In what cases.

2.

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.

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

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.

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

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.

1.

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.

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.

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.

1.

Service of statement of claim.

2.

Service of defence.

3.

Service of reply and defence to counter-claim

(2)

How facts are to be stated.

5.

(3)

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.

(2)

The relief claimed to be stated.

13.

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.

19.

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.