Order 1

Application and Interpretation

1.         (1) These Rules shall apply to all proceedings including all part-heard causes and matters in respect of steps to be further taken in such causes and matters.

(2)        Application of these Rules shall be directed towards the achievement of a just, efficient and speedy dispensation of justice.

2.         (1) These Rules shall be interpreted in accordance with the Interpretation Laws, Cap 1.4 Laws of Lagos State 2003 or any re-enactment thereof.

(2)        Where in these Rules depositions and affidavits are required to be made, if the deponent does not understand the English Language such deposition or affidavit shall be made in a language he understands and shall be accompanied by interpretation thereof in English language.

(3)        In the construction of these Rules, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned or referred to shall have or include the following meanings:

"Claimant"                                           shall include a claimant in a counter claim;

"Court"                                                 means the High Court of Lagos State,

"Court process or "process"              include writ of summons, originating summons, originating summons, originating process, notices, petitions, pleadings, orders, motions, summons, warrants and all documents or written communication of which service is required

"Decision"                                            means any decision of a Court and includes judgments, ruling, decree, order, conviction, sentence or recommendation;

"Defendant"                                        shall include a defendant to a counter claim,

"Guardian"                                           means any person who has for the time being, the charge of or control over a person under legal disability and includes a person appointed to institute or defend an action on behalf of any person under legal disability,

"Law"                                                    means the High Court Law, Cap. H3, Laws of Lagos, 2003 or any re-enactment thereof,

"Minor"                                                 means a person who has not attained the age of 18 years

"Originating Process"                          means any court process by which a suit is initiated,

"Persons Under Legal Disability"     means person who lack capacity to institute or defend any proceedings by reason of age, insanity, unsoundness of mind or otherwise,

"Probate action"                                 means an action for the grant of probate of the will, or letters of administration of the estate of a  deceased person  or for the revocation of such a grant or for a  decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business,

"Registrar"                                            means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, Principal Registrar, Senior Registrar, Higher Registrar, or any other officer acting or performing the functions of a Registrar,

"Registry’’                                            means the Registry of the High Court of Lagos State in the appropriate judicial division,

"Taxing officer"                                  means the Chief Registrar or such other officer of the court as the judge may appoint to tax costs.

Order 2

Place of Instituting and Trial of Suits

Subject to the provisions of the law on transfer of suits, the place for trial of any suit shall be regulated as follows:

1.         All suit relating to land or any mortgage or charge on  or any interest in land, or any inquiry or damage to land and actions relating to personal property distrained or seized for any cause, shall be commenced and determined in the Judicial Division in which the land is situated, or the distrain took place.

2.         All actions for recovery of penalties, forfeitures, and all actions against public officers shall be commenced and tried in the Judicial Division in which the cause of action arose.

3.         All suits for the specific performance, or upon the breach of any contract, may be commenced and determined in the Judicial Division in which such contract ought to have been performed or in which the defendant resides or carries on business.

4.         (1)All other suits may be commenced and determined in the judicial division in which the defendant resides or carries on business.

(2)        Where there are several defendants who reside or carry on business in different Judicial Divisions, the suit may be commenced in any one of those Judicial Divisions subject to any order or direction a Judge may make or give as to the most convenient arrangement for trial of the suit.

5.         If any suit is commenced in the wrong Judicial Division, it may be tried in that Division unless the Chief Judge otherwise directs.

Order 3

Form and commencement of action

1.         Subject to the provisions of these rules or any applicable law requiring any proceedings to be begun otherwise than by writ, a writ of summons shall be the form of commencing all proceedings

a Where a claimant claims:

(i)   any relief or remedy for any civil wrong or

(ii)  damages for breach of duty, whether contractual, statutory or otherwise. or

(iii)       damages for personal injuries to or wrongful death of any person, or in respect of damage or injury to any person, or property.

b.                where the claim is based on or includes an allegation of fraud, or

c.                where an interested person claims a declaration.

2.             (1) All civil proceedings commenced by writ of summons shall be accompanied by:

(a)              statement of claim.

 (b)             list of witnesses to be called at the trial,

(c)               written statements on oath of the witnesses and

(d)              copies of every document to be relied on at the trial.

(2)           Where a claimant fails to comply with Rules 2 (1) above, his originating process shall

not be accepted for filling by the Registry

3.         Except in the cases in which any different forms are provided in these Rules, the writ of summons shall be in Form 1 with such modifications or variations as circumstances may require.

4.         A writ of summons to be served out of Nigeria shall be form 2 with such modification or variations as circumstances may require.

5.         Any person claiming to be interested under a deed, Will, enactment or other written instrument may apply by originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the persons interested.

6.         Any person claiming any legal or equitable right in a case where the determination  of the question whether he is entitled to the right depends upon a question of construction of an enactment, may apply by originating summons for the determination of such question of Construction and for a declaration as to the right claimed.

7.         A Judge shall not be bound to determine any such question of construction if in his opinion it ought not to be determined on originating summons but may make any such Orders as he deems fit.

8.         (1)An originating summons shall be in the Forms 3,4 or 5 to these rules, with such variations as circumstances may require. It shall be prepared by the applicant or his Legal Practitioner, and shall be sealed and filed in the Registry, and when so sealed and filed shall be deemed to be issued.

(2)              An originating summons shall be accompanied by:

(a)  an affidavit setting out the facts relied upon:

(b)  all the exhibits to be relied upon:

(c)  a written address in support of the application.

(3)        the person filing the originating summons shall leave at the Registry sufficient number of copies thereof together with the documents in sub-rule 2 above for service on the respondent or respondents.

9.         Subject to the provision of the Sheriffs and Civil Process Act, a writ of summons or other originating process issued by the court for service in Nigeria outside Lagos State shall be endorsed by the Registrar of the Court with the following notice

"This summons (or as the case may be) is to be Served out of Lagos State of Nigeria and in the ……………. State".

10.       (1) The Registrar shall indicate the date and time of presentation for filing on every originating process presented to him and shall arrange for service thereof to be effected.

(2)              An originating process shall not be altered after it is sealed except upon application to a Judge.

Order 4

Indorsement of Claim and of Address

1.         Every originating process shall contain the claim, the relief or remedy sought and the full names and address of the claimant.

2.         Where a claimant sues, or the defendant or any of several defendants  is sued in a representative capacity, the originating process shall state that capacity.

3.         In probate actions the originating process shall whether a claimant claims as creditor, executor, administrator, beneficiary, next of kin or in any other capacity.

4.         (1) Where the claim is for debt or liquidated demand only, the originating process shall state the amount claimed for debt or in respect of such demand with costs and shall further state that the defendant may pay the amount with costs to the claimant’s Legal Practitioner within the time allowed for appearance and that upon such payment the Proceedings shall terminate.

(2)        The defendant may notwithstanding payment under this rule, have the costs taxed and if more than one sixth of the cost shall disallowed, the claimant’s Legal Practitioner shall pay the cost of taxation.

5.         In all cases where a claimant in the first instance desires to have an account taken, the originating process shall so state.

6.         (1) A claimant suing in person shall state on the originating process his residential or business address as his address for service. If he lives and carries on business outside the jurisdiction he shall state an address within the jurisdiction as his address for Service.

(2)        Where a claimant sues through a Legal Practitioner the Legal Practitioner shall state on the originating process his chamber’s address as the address for service. If the Legal Practitioner is based outside the jurisdiction he shall state a chamber’s address within the jurisdiction as his address for service

7.         Where an originating process is to be served on a defendant outside the jurisdiction  the process shall state the address as required in Rule 6.

8.         If the originating process does not state an address for service, it shall not be accepted  and if any such address is illusory, fictitious or misleading the process may be set aside by a Judge on the application of the defendant.

Order 5

Effect of Non-Compliance

1.         (1) Where in beginning or purporting to begin any proceeding there has by reason of  anything done or left undone, been a failure to comply with the requirements of  these rules, the failure shall nullify the proceedings.

(2)        Where 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 as to time, place manner, or form, the failure shall be treated as an irregularity and may not nullify such step taken in the proceedings. The Judge may give any direction as he thinks fit to regularise such steps.

(3)        The judge shall not wholly set aside any proceedings or the writ or other originating Process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed.

2.         (1) An application to set aside for irregularity any step taken in the course of any proceedings may be allowed where it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2)        An application under this rule may be by summons or motion and the grounds of Objection shall be stated in the summons or notice of motion.

Order 6

Issue of originating process

1.         Originating process shall be prepared by a claimant or his Legal Practitioner, and shall be clearly printed on Opaque  A4  paper of good quality.

2.             (1) The Registrar shall seal every originating process whereupon it shall be deemed to be issued.

(2)        A claimant or his Legal Practitioner shall, on presenting any originating process for  Sealing, leave with the Registrar as many copies of the process as there are defendants to served and one copy for endorsement of service on each defendant.

(3)        Each copy shall be signed by the Legal Practitioner or by a claimant where he sues in  person and shall be certificate after verification by the Registrar as being a true copy of the original process filed.

3.         The Registrar shall after sealing an originating process, file it and note on it the date of filing and the number of copies supplied by a claimant or his Legal Practitioner of service on the defendants. The Registrar shall then make an entry of the filing the cause book Identify the action with a suit number that may comprise abbreviation of the Judicial Division, a chronological number and the year of filing.

4.         The Registrar shall promptly arrange for personal service on each defendant of a copy of the originating process and accompanying documents duly certified as provided by Rule 2 (3) of this order.

5.         The originating process in probate actions shall be accompanied by an affidavit sworn to by a claimant or one of several claimants verifying the contents of the process.

6              (1) The life span of every originating process shall be 6 months.

(2)        If  a Judge is satisfied that it has proved impossible to serve an originating process on any defendant within its life span and a claimant applies before its expiration or renewal of the process, the Judge  may renew the original or concurrent Process for 3 months from the date of such renewal. A renewed originating process shall be in form 6 with such modifications or variations as circumstances may require.

7.         A Judge may order two renewals in each case strictly for good cause and upon prompt application, provided that no originating process shall be in force for longer than a total of 12 months. The Registrar shall state the fact, date, and duration of renewal on every renewed Originating process.

8.         Where an originating process is lost after issue, a Judge, upon being satisfied of the loss and of the correctness of the process, may order the copy to be filed and sealed in place of the lost originating process.

9.         A claimant may at the issuance of an originating process or at any time during its life span, cause to be issued one or more concurrent originating processes each to bear the same date as the initial process, marked "CONCURRENT" and have stated on it the date of issue.

10.       An originating process for service within jurisdiction may be issued and marked as a concurrent original process with one for service out of jurisdiction and an originating process for service out of the jurisdiction may be issued and marked as a concurrent originating process with one for service within jurisdiction.

Order 7

Service of Originating Process

1.         (1) Service of originating process shall be made by a Sheriff, Deputy Sheriff, Bailiff, Special Marshal or other office of the court. The Chief judge may also appoint and register any law Chambers, Courier Company or any other person to serve court processes and such person shall be called process server.

(2)        When a party is represented by a Legal Practitioner service of court process of which personal service is not required may be made on such Legal practitioner or on a person under his control.

2.         The process server shall serve an originating process by delivering to the party to be served a copy of the process duly certified as prescribed by Order 6 Rule 2 (3).

3.         No personal service of an originating process shall be required where the defendant has authorized his Legal Practitioner in writing to accept service and such Legal Practitioner enters appearance.

Provided that such written authority shall be attached to the memorandum of appearance filed by such Legal Practitioner.

4.         All processes in respect of which personal service is not expressly required by these rules or any applicable law shall be sufficiently served if left with an adult person resident or employed at the address for service given under Order 4 Rule 6

5.         (1) Where personal service of an originating process is required by these Rules or otherwise and a Judge is satisfied that prompt personal service cannot  be effected, the Judge may upon application by the claimant make such order for substituted service as may seem just.

(2)        Every application to the Judge for substituted or other service, or for the substitution of notice for service shall be supported by an affidavit setting forth the grounds upon which the application is made.

6.         (1) Where a person under legal disability is a defendant, service on his guardian shall be deemed good and sufficient personal service, unless a Judge otherwise orders. Provided that personal service on a minor who is over 16 years of age living independently or doing business is good and sufficient.

(2)        The Judge may order that personal service on a person under legal disability shall be deemed good and sufficient.

7.         Where a detainee or prisoner is a defendant, service on the head or other officer in charge of the station, facility or prison where the defendant is, or on an officer of the agency in charge of the station, facility or prison shall be deemed good and sufficient personal service on the defendant.

8.         Where persons are sued as partners in the name of their firm the originating process shall be served upon any one or more of the partners at the principal place of business within the jurisdiction or upon any person having control or management of the partnership business there; and such service shall be deemed good service upon the firm whether any of the members are out of the jurisdiction or not, and no leave to issue an originating process against them shall be necessary:

Provided that in the case of a partnership that has been dissolved to the knowledge of the claimant before the commencement of the action, the originating process shall be served upon every person within the jurisdiction sought to be made liable.

9.         Subject to any statutory provision regulating service on a registered company, corporation or body corporate, every originating process or other process requiring personal service may be served on the organization by delivery to a director, secretary, trustee or other senior, principal or responsible officer of the organization, or by leaving it at the registered, principal or advertised office or place of business of the organization within the jurisdiction.

10.       When the suit is against a foreign corporation or company within the meaning of section 54 of the Companies and Allied Matters Act having an office and carrying on business within the jurisdiction, and such suit is limited to a cause of action which arose within the jurisdiction, the originating process or other documents requiring personal service may be served on the principal officer or representative of such foreign corporation or company within the jurisdiction:

Provided that where a foreign company has complied with the provision of Chapter 3 of the Companies and Allied Matters Act, personal service shall be effected on one of the persons authorized to accept service on behalf of the said company.

11.       Where a contract has been entered into within the jurisdiction by or through an agent residing or carrying on business within the jurisdiction on behalf of a principal residing or carrying on business out of the jurisdiction, an originating process in an action relating to or arising out of such contract may, before the determination of such agent’s authority or of his business relations with the principal, be served on such agent. A copy of the originating process shall be sent promptly by the claimant by courier to the defendant at his address out of the jurisdiction.

12.       Where a person to be served, whether alone or in concert with others, resists service or applies or threatens violence to the process server, the process server may leave the process within the reach of person to be served, and this shall be deemed good and sufficient service for all purposes.

13.       (1) After serving any process, the process server shall promptly depose to and file an affidavit setting out the fact, date, time, place and mode of service, describing the process served and shall exhibit the acknowledgment of service.

(2)              After service the affidavit shall be prima facie proof of service.

14.       (1) The party requiring service of any process shall pay in advance all costs and expenses of and incidental to service.

(2)              The rate for service shall be as directed by the Chief Judge in Practice Directions from time to time.

15.       (1) Service of originating and other processes, pleadings, notices, summons, orders, and documents whatsoever shall be effected between the hours of six in the morning and six in the evening.

(2)        Save in exceptional circumstances and as may be authorized by a Judge, service shall not be effected on a Sunday or on a public holiday.

16.       (1) A register shall be kept at the Registry in such from as the Chief Judge may direct for recording service of processes by any process server. The Registrar shall record therein the names of the clamant and defendant, the method of service, whether personal or otherwise, and the manner used to ascertain that the right person was served.

(2)        Where any process was not served the cause of failure shall be recorded in the register. Every entry in such register or certified copy thereof shall be prima facie evidence of the matters stated therein.

Order 8

Service out of Nigeria and Service of Foreign Process

1.             A Judge may allow any originating or other process to be served outside Nigeria where;

(a)              the whole subject matter of the claim is land situated within jurisdiction, or

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

(c)               any relief is sought against any person domiciled or ordinarily resident within jurisdiction, or

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

(e)        the claim is 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 contract;

(i)   made within jurisdiction, or

(ii)        made by or through an agent residing or carrying on business within jurisdiction on behalf of a principal residing or carrying on business out of jurisdiction and

(iii)       which by its terms or by implication is to be governed by the applicable law in Lagos State, or parties have agreed that the court shall have jurisdiction to entertain any claim in respect of such contract, or is brought against the defendant in respect of a breach committed within jurisdiction, of a contract wherever made notwithstanding that such breach was preceded or accompanied by a breach out of jurisdiction which rendered impossible the performance of the contract which ought to have been performed within jurisdiction.

(f)               the claim is founded on a tort committed within jurisdiction, or

(g)        an injunction is sought as to anything to be done within jurisdiction, or any nuisance within jurisdiction is sought to be prevented or removed, whether or not damages are sought in respect thereof, or

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

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

(j)               the proceedings relate to a person under legal disability, or

(k)              the proceedings relate to probate matters, or

(l)                where any proceedings under any law or rule of court has been instituted by any originating process.

2.         Where parties have by their contract prescribed the mode or place of service, or the person that may serve or the person who may be served any process in any claim arising out of the contract, service as prescribed in the contract shall be deemed good and sufficient service.

3.         Where leave is granted to serve an originating process in any foreign country with which no convention in that behalf has been made, the following procedure may be adopted;

(a)        the process to be served shall be sealed with the seal of the court for service out of Nigeria, and shall be transmitted to the Solicitor General of the Federation by the Chief Registrar, together with a copy translated into the language of that country if not English, and with a request for its further transmission to the appropriate authority in that country. The request shall be in Form 7 with such modifications or variations as circumstances may require;

(b)        a party wishing to serve a process under this rule shall file a praecipe in Form 8 with such modifications or variations as circumstances may require;

(c)        a certificate, declaration, affidavit or other notification of due service transmitted through diplomatic channels by a court or other appropriate authority of the foreign country, to the court, shall be deemed good and sufficient proof of service;

(d)        where a certificate, declaration, affidavit or other notification transmitted as aforesaid states that efforts to serve a process have failed, a Judge may, on an exparte application, order substituted service whereupon the process and a copy as well as the order for substituted service shall be sealed and transmitted to the Solicitor General of the Federation together with request in Form 9 with such modifications or variations as circumstances may require;

Provided that notwithstanding the foregoing provision a claimant may with leave of Judge serve any originating process by courier. Nothing herein contained shall in any way affect any power of a Judge in cases where lands, funds, chooses in  action, rights or property within the jurisdiction are sought to be dealt with or affected. The Court may, without assuming jurisdiction, over any person out of the jurisdiction, cause such Person to be informed of the nature or existence of the proceedings with a view to such personating an opportunity of claiming, opposing or otherwise intervening.

4.         (1) Where leave is granted or is not required in a civil suit and it is desired to serve any process in a foreign country with which a Convention in that behalf has been made, the following procedure shall, subject to any special provision contained in the Convention, be adopted:

(a)        the party desiring such service shall file in the registry a request in Form 10 with such modifications or variations as circumstances may require and the request shall state the medium through which it is desired that service shall be effected, either;

(i)   directly through diplomatic channels or

(ii) through the foreign judicial authority;

(b)        the request shall be accompanied by the original document and a translation thereof in the language of the country in which service is to be effect, certified by or on behalf of the person making the request, 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 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 forwarded by the Chief Registrar to the Permanent Secretary, Federal Ministry of Foreign Affairs for onward transmission to the foreign country;

(d)        an official certificate, transmitted through the diplomatic channel by the foreign judicial authority, or by a Nigerian diplomatic agent to the Court, establishing the fact and the date of the service of the document, shall be deemed to be sufficient proof of service within the requirements of these Rules.

(2)        A Judge, in granting leave to serve a process out of jurisdiction under this order, may upon Request therefore in appropriate cases direct that courier shall be used by the party effecting service.

5.         Where in any civil or commercial matter pending before a court or tribunal of a foreign country a Letter of Request from such court or tribunal for service on any person or citation in such matter is transmitted to the  court by the Lagos State Attorney-General with intimation that it is desirable that effect be given to the same, the following procedure shall be adopted;

(a)        the letter of request for service shall be accompanied by a translation in the English Language, and  by two copies of the process or citation to be served, and two copies thereof in English Language;

(b)              service of the process or citation shall be effect by a process server unless a Judge otherwise directs;

(c)        such service shall be effect by delivering to and leaving with the person to be served one copy of the process or citation to be served, and one copy of the translation thereof in accordance with the rules and practice of the Court regulating service;

(d)        after service has been affect by the process serve he shall file an affidavit of service in which he shall furnish particulars of changes for the cost of effecting the service. The affidavit shall be transmitted to the Chief Registrar with one copy of the process annexed;

(e)        the Chief Registrar shall examine and verify the process server’s particulars of charges and approve it or approve some lesser figure, whereupon the Chief Judge shall forward to be Attorney- General a letter of request for service, the approved amount for service, evidence of service and a certificate appended to it.

6.         Ruled 4 of this Order shall not apply to or render invalid, defective or insufficient any otherwise valid or sufficient mode of service in any foreign country with which a Convention has been made, provided that no mode of service expressly excluded by the Convention shall be allowed.

7.         Where in any civil suit pending before a court or tribunal in a foreign country with which a Convention in that behalf has been made, request for service of any process or document on any person within the jurisdiction is received by the Chief Judge from the appropriate authority in that country, the following procedure shall, subject to any special provisions in the convention, be adopted;

(a)              the process server shall deliver the original or a copy thereof, along with a copy of its translation to the

to the party to be served;

(b)              the process served shall submit the particulars of the costs and expenses of service to the Chief Registrar

who shall certify the amount payable in respect of the service;

(c)        the Chief  Registrar shall transmit to the appropriate foreign authority a certificate establishing the fact and date of service, or indicating reasons for failure to serve, and also notify the authority as to the amount certified under paragraph (b) of this rule.

8.             In appropriate cases, upon application, a Judge may order substituted or other service of the foreign process.

Order 9

Appearance

1.         (1) A defendant served with an originating process shall, within the period prescribed in the process for appearance, file in the registry the original and copy of duly completed and signed memorandum of appearance as in form 11 with such modifications or variations as circumstances may require.

(2)        On receipt of the memorandum of appearance, the Registrar shall make entry thereof and stamp the copy with the seal showing the date he received it and return the sealed copy to the person making the appearance.

(3)        A defendant entering appearance shall not later than 2 days thereafter serve a sealed copy of the memorandum of appearance on a claimant’s Legal Practitioner or on the claimant if he sues in person.

2.         (1) A defendant appearing in person shall state in the memorandum of appearance an address for service which shall be within Lagos State.

(2)        Where a defendant appears by a Legal Practitioner, the Legal Practitioner shall state in the memorandum of appearance his place of business and an address for service which shall be within Lagos state, and where any such Legal Practitioner is only the agent of another Legal Practitioner he shall also insert the name and place of business of the principal Legal Practitioner.