Constitution of Nigeria

Court of Appeal
High Courts

Home Page

Law Reporting

Laws of the Federation of Nigeria
Legal Education
Q&A
Supreme Court
Jobs at Nigeria-law

 

Order XVII

Enforcement of Decrees

 

Part I

General

 

1.             Except as expressly provided under this Order, nothing in this Order shall be taken to limit the operation, in all the States of the Federation, of decrees and process made or issued under the Act or these Rules.

 

2.     (1)            Subject to sub-rule (4) of this rule, a decree made under the Act is not enforceable against a person unless-

 

(a)            service of a copy of the decree has been effected-

 

(i)             on the person-in the manner referred to in paragraph (a) of rule 1 of Order VI of these Rules or in accordance with the terms of an order for the substituted service of the decree ; or

 

(ii)           on the solicitor representing the person in connexion with the enforcement of the decree-in the manner referred to in paragraph (a) of rule I of Order VI of these Rules

 

(b)           subject to sub-rule (2) of this rule, at the time service of a copy of the decree was so effected the decree was shown to the person to whom the copy was delivered

 

(c)            a notice, in accordance with the form of notice contained in sub-rule (3) or sub-rule (4), as the case requires, of this rule, addressed to the person is written on the copy of the decree that is served on the person; and

 

(d)            subject to the next succeeding rule, demand, in writing, for compliance with the decree has been made on the person.

 

(2)            Paragraphs (b), (c) and (d) of sub-rule (1) do not apply to the enforcement of a decree against a person in a case where an order has been made substituting for service of the decree on the person the giving of notice of the decree to the person by advertisement or otherwise.

 

(3)            Subject to sub-rule (4), the form of notice referred to in paragraph (c) of sub-rule (1) of this rule is as follows:-

 

                "To

 

                Take notice that if you fail to carry out the acts required of you by the within decree (or order) within the time specified in the decree (or order) for carrying out those acts, further legal proceedings may he taken against you for the purpose of compelling you to carry out those acts."

 

(4)            In the case of a decree for restitution of conjugal rights the form of notice referred to in paragraph (c) of sub-rule (1) of this rule is as follows

 

                "To

 

                Take notice that if you fail to carry out the acts required of you by the orders set out in the paragraphs numbered in the within decree within the time specified in the decree for carrying out those acts, further legal proceedings may be taken against you for the purpose of compelling you to carry out those acts."

 

(5)            Sub-rule (1) of this rule does not apply to the enforcement of a decree against a person if a court has dispensed with service of a copy of the decree on the person.

 

(6)            In relation to the enforcement of a decree that has been varied, the preceding provisions of this rule apply as if a reference to a decree were a reference to a decree and any order, or each order, by which that decree was varied.

 

(7)            Nothing in this rule requires the service on a person against whom a decree is sought to be enforced of an order made under section 73 of the Act whereby the decree is varied or its effect modified if the order was made on the application of that person.

 

3.     (1)            Where a person is ordered by a decree to pay within a time specified in the decree-

 

(a)            into court ; or

 

(b)            to a person, and at a place, specified in the decree,

 

                 a sum or sums of money for maintenance, costs or damages, the making of a demand for compliance with the decree is not necessary for the purpose of the last preceding rule.

 

(2)            Where a person is ordered by a decree to do an act, not being the payment of a sum or sums of money for maintenance, costs or damages, within a time specified in the decree, or to refrain from doing an act, the making of a demand for compliance with the decree is not necessary for the purpose of the last preceding rule.

 

Part 2

Attachment and Sequestration

 

 

4.     (1)            A decree shall not be enforced by attachment or sequestration without the leave of the court by which the decree was made or of a court in which the decree has been registered under section 89 of the Act.

 

(2)            Subject to sub-rule (3) of this rule, where application is made for leave to enforce, by attachment or sequestration, a decree for the payment of maintenance or costs, the affidavit in support of the application shall, in addition to any other facts stated in pursuance of Order III rule 7 of these Rules, state particulars of the amounts that have become payable under the decree and of any amounts paid in reduction of those amounts, and, as far as practicable, the respective dates on which any amounts so paid were paid.

 

(3)            An affidavit shall be deemed to have stated the particulars referred to in the last preceding sub-rule if the affidavit-

 

(a)            states that, at a specified date, all amounts that had become payable under the decree on or before that date had been paid ; and

 

(b)            states particulars of the amounts that have become payable under the decree after that date and of any amounts paid in reduction of the amounts so payable and, as far as practicable, the respective dates on which any amounts so paid were paid.

 

(4)            A party to proceedings who makes application for leave to enforce a decree by attachment or sequestration against another party to the proceedings shall cause service of the application to be effected on the other party in a manner referred to in paragraph (a) or (b) of rule 1 of Order VI of these Rules.

 

5.     (1)            Where a person who has been arrested in pursuance of a writ of attachment is brought before a court, the court may, with the consent of the person on whose application the person was arrested, order the sequestration of the person's estate instead of ordering the person to be kept in custody.

 

(2)            A court may, under section 88 of the Act, enforce a decree by sequestration notwithstanding that an attempt has not been made to enforce the decree by attachment.

 

6.             A court may1 upon application made by a person whose estate has been sequestrated in pursuance of a writ of sequestration issued under an order of a court, discharge the writ of sequestration upon such terms and conditions as the court thinks fit.

 

Part 3

Attachment of Earnings Orders

 

 

7.     (1)            Unless the contrary intention appears, expressions used in this Part have the same meanings as in the Third Schedule to the Act,

 

(2)            In this Part, "the prescribed officer'1 means-

 

(a)            in relation to a High Court-the registrar of that High Court ; and

 

(b)            in relation to a court of summary jurisdiction-the clerk or other proper officer of that court of summary jurisdiction.

 

8.     (1)            An application to the High Court of a State or of the Federal Capital Territory for an attachment of earnings order may be made ex parte.

 

(2)            The affidavit in support of an application referred to in sub-rule (1) shall, in addition to any other facts stated in pursuance of Order III rule 7 of these Rules, state-

 

(a)            particulars of the maintenance order

 

(b)            the amount of the arrears due to the applicant under the maintenance order

 

(c)            particulars of any proceedings taken by or on behalf of the applicant for the enforcement of the maintenance order

 

(d)            the names and address of the person, organisation or government believed by the applicant to be the employer of the defendant ; and

 

(e)            such of the following particulars as are known to the applicant

 

(i)             the place at which the defendant resides

 

(ii)            the age of the defendant

 

(iii)           the place at which the defendant works ; and

 

(iv)           the nature of the work performed by the defendant and the works number (if any) of the defendant.

 

9.             An attachment of earnings order, whether made by a High Court or by a court of summary jurisdiction, shall he in accordance with Form 55.

 

10.   (1)            Subject to sub-rule (2) of this rule, where a High Court or a court of summary jurisdiction makes an attachment of earnings order, or an order varying or discharging an attachment of earnings order, the prescribed officer shall cause service of a sealed copy of the order to be effected on-

 

(a)            the person entitled to receive payments under the maintenance order

 

(b)            the defendant ; and

 

(c)            the person to whom the attachment of earnings order is directed.

 

(2)            The last preceding sub-rule does not require service of a copy of an order to be effected on the applicant for the order.

 

(3)            where a High Court makes an order referred to in sub-rule (1) of this rule, the applicant for the order shall deposit with the Registrar of the court a copy of the order for each person on whom service of a sealed copy of the order is required by this rule to be effected, being a copy that complies with the provisions of the next succeeding sub-rule.

 

(4)            where service of a sealed copy of an order is to be effected in accordance with sub-rule (1) of this rule on any of the governments of the Federation, or a body corporate (not being an incorporated company, society or association) incorporated for a public purpose by or under a law of the Federation, of a State in the Federation or of the Federal Capital Territory, the copy of the order deposited for service accordingly shall have written on it the particulars required by sub-rule (2) of rule 11 of/this Order to be written on an envelope containing a document that is to be served, in accordance with the provisions of sub-rule (1) of that rule, on the government of the Federation, the State or of the Federal Capital Territory or the body corporate as the case may be.

 

(5)            where service of a sealed copy of an order is to be effected in accordance with sub-rule (1) of this rule on a State government, the copy of the order deposited for service on the State government shall have written on it the particulars required by sub-rule (4) of rule 11 of this Order to be written on an envelope containing a document that is to be served, in accordance with provisions of sub-rule (3) of that rule, on the State government.

 

(6)            Subject to sub-rules 4 and 5 of this rule, where service of a copy of an order is to be effected in accordance with sub-rule (1) of this rule on a person, the copy of the order deposited for service on the person shall have written on it the name of the person and either the place of residence or the place of business of the person.

 

(7)            In this rule, "the person entitled to receive payment under the maintenance order", in relation to a maintenance order, means-

 

(a)            if the maintenance order requires payments to be made into a court for payment out to a person-that person;

 

(b)            if the maintenance order requires payments to be made to a person for transmission to another person-that first-mentioned person ; or

 

(c)            in any other case-the person to whom the payments are required to be made under the maintenance order.

 

11.   (1)            where a document, including a copy of an order, is required or permitted to be served under the Third Schedule to the Act on the Government of the Federation) or on a body corporate (not being an incorporated company, society or association) incorporated for a public purpose by or under a law of the Federation, of a State or of the Federal Capital Territory, service of the document may be effected on the Government of the Federation or the body corporate-

 

(a)            by handing a sealed envelope containing the document, being an envelope that is addressed in the manner specified in the next succeeding sub-rule, to a person who is apparently over the age of sixteen years and is apparently employed in the Department of the Government of the Federation or by the body corporate, as the case may be, specified on the envelope at the address of that Department, branch or body corporate specified on the envelope ; or

 

(b)            by posting such a sealed envelope, postage being prepaid, as a letter to the Department, branch or body corporate specified on the envelope at the address specified on the envelope.

 

(2)            The manner in which an envelope containing a document is to be addressed for the purpose of the last preceding sub-rule is as follows

 

                "The Paying Officer,

 

                (Here insert the name of the Department of the Government of the Federation, or of the body corporate in which the defendant is employed.),

 

                (if the defendant is employed in a Department of the Government of the Federation and the person effecting service knows the name of the branch of that Department in which the defendant is employed, here insert the name of that branch.),

 

                (Here insert the address of that Department, or of the body corporate.)".

 

(3)            Where a document, including the copy of an order, is required or permitted to be served under the Third Schedule to the Act on the Government of a State, service of the document may be effected on the State-

 

(a)            by handing a sealed envelope containing the document, being an envelope that is addressed in the manner specified in the next succeeding sub-rule, to a person who is apparently over the age of sixteen years and is apparently employed in the Department or office of the State specified on the envelope at the address of that Department or office, or of the branch of that Department or office, specified on the envelope ; or

 

(b)            by posting such a sealed envelope, postage being prepaid, as a letter to the person referred to on the envelope at the address specified on the envelope.

 

(4)            The manner in which an envelope containing a document that is to be served on the Government of a State is to be addressed for the purpose of sub-rule (3) of this rule is as follows

 

                "The Permanent Secretary (or the Director, or as the case may be),

 

                (Here insert the name of the Department or office of the State in which defendant is employed.),

 

                (If known to the person effecting service, here insert the name of the branch of the Department or office of the State in which the defendant is employed.)

 

                (Here insert the address of that Department, office or branch.)"

 

(5)            A reference in sub-rule (2) or (4) of this rule to the person effecting service shall, in a case where service of a sealed copy of an order is being effected by the prescribed officer of a court in accordance with sub-rule (1) or (3) of this rule, be read as a reference to the applicant for the order.

 

(6)            Service of a document in accordance with paragraph (5) of sub-rule (1), or paragraph (5) of sub-rule (3) of this rule shall, unless the contrary is proved, be deemed to have been effected at the time when the envelope containing the document would be delivered in the ordinary course of post.

 

12.   (1)            In all courts, a certificate under the hand of the prescribed officer of a court stating that a sealed copy of an order a copy of which is attached to the certificate, being an order of a kind referred to in sub-rule (1) of rule 11 of this Order of these Rules, was posted as a registered letter or as a letter, as the case may be (postage being prepaid), at a specified time, on a specified day at a specified place and addressed to a specified person at a specified address or addressed in a specified manner, being a manner specified in sub-rule (2) or (4), whichever is applicable, of that rule, is evidence of the facts stated in it.

 

(2)            where a certificate under the last preceding sub-rule relates to service of a sealed copy of an order on a person other than an incorporated company, society or association or on any of the governments of the Federation, the certificate is also evidence that the address specified in the certificate is the usual place of residence or business of the person or is the last place of residence or business of the person known to the person on whose behalf the copy of the order was served.

 

(3)            where a certificate under sub-rule (1) of this rule relates to the service of a sealed copy of an order on an incorporated company, society or association, the certificate is also evidence that the address specified in the certificate is the address of a place of business of the company, society or association or of the registered office of the company, society or association under the law of a State or the Federal Capital Territory to which the Act applies.

 

(4)            For the purpose of sub-rule (1) of this rule, a document purporting to be a certificate referred to in that sub-rule shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.

 

13.           A notice referred to in paragraph 19 of the Third Schedule to the Act shall be in accordance with Form 56.

 

14.   (1)            Where a person to whom an attachment of earnings order is directed is required by paragraph 24 of the Third Schedule to the Act to give notice of a matter referred to in that paragraph, the person shall furnish to the prescribed officer of the court that made the order a notice, in accordance with Form 57, containing particulars of the matter, together with a copy of that notice, and the attachment of earnings order shall then be deemed to have been discharged.

 

(2)            The prescribed officer of a court who receives a notice under paragraph 24 of the Third Schedule to the Act shall cause a copy of the notice to be addressed and posted by registered post, postage being prepaid, to the person entitled to receive payment under the maintenance order to which the attachment of earnings order relates.

 

(3)            In this rule, "the person entitled to receive payments under the maintenance order" has the same meaning as in rule 10 of this Order.

 

15.           Where application is made to a High Court under paragraph 27 of the Third Schedule to the Act, the applicant shall

 

16.   (1)            Subject to this Part, the practice and procedure of a court of summary jurisdiction applies to and in relation to an application to that court under the Third Schedule to the Act, and to the service, hearing and determination of such an application to that court.

 

(2)            Service of a summons or other appropriate document relating to an application under paragraph 27 of the Third Schedule to the Act shall be effected by the applicant on each other person referred to in that paragraph.

 

Part 4

Other Means of Enforcing Decrees

 

 

17.   (1)            Subject to these Rules, the laws of a State or of the Federal Capital of enforcing Territory relating to the enforcement of judgments of the High Court of that State or the Federal Capital Territory apply to and in relation to the enforcement, by that High Court, of a decree made under the Act.

 

(2)            In this rule, "the laws of a State" includes the practice and procedure of the High Court of the State or of the Federal Capital Territory.

 

Part 5

Execution of Warrants and Writs in other States or the Federal Capital Territory

 

 

18.            In this Part-

 

                 "warrant" means a warrant for the arrest of a person for contempt of court or for alleged contempt of court in relation to proceedings or for disobedience of a judgment, decree or order made by a court in proceedings, or a writ of attachment for the enforcement of an order of a kind referred to in section 88 of the Act

 

                 "writ" means a writ of execution against the property of a person issued by the High Court of a State or of the Federal Capital Territory for the purpose of enforcing a judgment, decree or order made by that High Court in proceedings, or registered in that High Court under section 89 of the Act, but does not include a garnishee order or a charging order.

 

19.           A warrant or writ that is issued by the High Court of a State or of the Federal Capital Territory or by a judge of such a court may be executed in another State or the Federal Capital Territory in accordance with this Part but not otherwise.

 

 

20.   (1)            Where a warrant or writ has been issued by the High Court of a State or of the Federal Capital Territory or by a judge of such a court, a copy of the warrant or writ may be deposited in the appropriate office of the High Court of another State or of the Federal Capital Territory.

 

(2)            Where-

 

(a)            a copy of warrant or writ has been deposited in the appropriate office of a court under the last preceding sub-rule ; and

 

(b)            there is produced to the registrar of the court the original warrant or writ having written on it a notation in accordance with Form 58,

 

                 the registrar shall sign his name under that notation and return the warrant or writ to the person by whom it was so produced.

 

(3)            Subject to sub-rule 4 of this rule, where a warrant or writ bears a notation signed by the registrar of the High Court of a State or of the Federal Capital Territory in pursuance of the last preceding sub-rule, the warrant or writ may be executed in that State or of the Federal Capital Territory as if it had been duly issued by that High Court.

 

(4)            Where a warrant or writ that bears a notation signed by the registrar of the High Court of a State or of the Federal Capital Territory in pursuance of sub-rule (2) of this rule is directed, for the purpose of being executed, to the Sheriff or another officer of the State or of the Federal Capital Territory in which it was issued, it may be executed in that first-mentioned State or the Federal Capital Territory as if it had been directed, for the purpose of being executed, to the Sheriff or other appropriate officer of that first-mentioned State or of the Federal Capital Territory.

 

21.   (1)            Where a person is arrested in a State or the Federal Capital Territory by virtue of a warrant that bears a notation signed by the registrar of the High Court of that State or of the Federal Capital Territory in pursuance of the last preceding rule, the Sheriff or other person who effected the arrest shall, as soon as practicable after the arrest-

 

(a)            bring the person before that High Court ; or

 

(b)            return the person to the State or the Federal Capital Territory in which the warrant was issued and deliver him into the custody of a person having authority to execute the warrant in that State or the Federal Capital Territory to be dealt with in accordance with the warrant,

 

                 whichever is, in his opinion, the more reasonable course in all the circum-stances.

 

(2)            Where a person is brought before a High Court in pursuance of the last preceding sub-rule, that High Court shall-

 

(a)            deal with the person, or order that the person be dealt with, as if the warrant had been issued by that High Court and any order in connexion with which the warrant was issued had been made by that High Court ; or

 

(b)            order that the person be returned, as soon as is practicable, to the State or the Federal Capital Territory in which the warrant was issued and be delivered into the custody of a person having authority to execute the warrant in that State or the Federal Capital Territory to be dealt with in accordance with the warrant.

 

22.   (1)            The Sheriff or other officer who has power to execute a writ in a State or in the Federal Capital Territory by virtue of Order XVII, rule 20 of these Rules may execute the writ in that State or in the Federal Capital Territory as if the writ had been issued by the High Court of that, State or in the Federal Capital Territory for the enforcement of a judgment decree or order of that High Court.

 

(2)            Where a claim is made to property in respect of which execution has been levied or is proposed to be levied by the Sheriff or other person in a State or in the Federal Capital Territory in pursuance of a writ that bears a notation signed by the registrar of the High Court of that State or the Federal Capital Territory in pursuance of Order XVII, rule 20 of these Rules, the Sheriff or other person may take in that High Court the same proceedings by way of inter-pleader as if the writ had been issued out of that High Court and that High Court may deal with the proceedings accordingly.

 

(3)            A seizure in execution, or attachment, of property situated in a State or the Federal Capital Territory in pursuance of a writ that bears a notation signed by the registrar of the High Court of that State or the Federal Capital Territory in pursuance of Order XVII, rule 20 of these Rules becomes inoperative when any event occurs that, according to the laws of that State or the Federal Capital Territory, would have rendered the seizure or attachment inoperative if the seizure or attachment had been made in pursuance of a like writ issued by that High Court.

 

Part 6

Registration of Decrees in other High Courts

 

 

23.            References in this Part to a decree shall, in a case where the decree, as drawn up, signed or settled, includes more than one order made by the court, be read as references to all or any of the orders so included.

 

24.   (1)            A person in whose favour a decree has been made in proceedings under the Act may obtain from the registrar of the court by which the decree was made a certificate of the decree, in accordance with Form 59 and containing the particulars set out in that Form.

 

(2)            A certificate referred to in sub-rule (1) of this rule shall be signed by the registrar and sealed with the seal of the court by which the decree was made.

 

25.   (1)           Where the registrar or clerk of a court or a public authority is specified in an order of the court as the person to whom maintenance payable under the order is to be paid, he shall, at the request of the person who obtained the order, give to that person a certificate, in accordance with Form 59A, stating-

 

(a)            the amount that, according to his or its records, has been paid under the order on or before a date specified in the certificate by the person liable to make payments under the order, including any amount paid on or before that date to the clerk or other proper officer of a court of summary jurisdiction in which the order has, at any time, been registered under section 91 of the Act ; and

 

(b)            the amount that, according to his or its records, was due under the order but unpaid on that date.

 

(2)            A certificate duly given in accordance with sub-rule (1) of this rule is evidence-

 

(a)            of the amount paid under the order on or before the date specified in the certificate by the person liable to make payments under the order; and

 

(b)            of the amount due under the order but unpaid on that date.

 

(3)            For the purposes of sub-rule (2) of this rule, a document purporting to be a certificate referred to in that sub-rule shall, unless the contrary is proved, be deemed to be such a certificate and have been duly given.

 

(4)            A reference in sub-rule (1) of this rule to an order of a court includes a reference to an order included in a decree made in a matrimonial cause before the commencement of the Act by a court in Nigeria.

 

26.   (1)            For the purpose of section 89 of the Act there shall be kept at each office of the High Court of a State or of the Federal Capital  Territory a Register, to be called the Register of Matrimonial Decrees, in such form as the Chief Judge may direct.

 

(2)            For the purpose of section 89 of the Act, a decree made under the Act by a court may be registered in another court having jurisdiction under the Act by filing, in the proper office of that other court, a certificate of the decree obtained under the last preceding rule.

 

(3)            When such a certificate of a decree is filed, the registrar of the court in which the certificate is filed shall cause particulars of the decree to be entered in the Register of Matrimonial Decrees.

 

27.   (1)            A judge of the court in which a decree has been registered may, upon being satisfied that the registration of the decree was reasonably justified, order that the costs of the party effecting the registration (including the costs of obtaining that order) be paid by the party against whom proceedings for the enforcement of the decree are taken in that court.

 

(2)            An amount of costs payable under an order made under the last preceding sub-mle shall be deemed to be payable under the decree.

 

(3)            A party requesting a judge to make an order referred to in sub-rule (1) of this rule shall file an affidavit stating, in reasonable detail, particulars of the costs claimed by the party.

 

(4)            The judge may, upon making an order under sub-rule (1) of this rule, assess the amount of costs to be paid under the order or direct that the costs to be so paid be taxed by the proper officer of the court.

 

28.  (1)            Where a decree has been registered in a court under section 89 of the Act proceedings to enforce the decree shall not be commenced in a court, and a writ, warrant or other process for the enforcement of the decree shall not be issued by a court, unless an affidavit has been filed stating that no proceedings are pending in another court for the enforcement of the decree, and no writ, warrant or other process issued by another court for the enforcement of the decree is in force, and also stating

 

(a)            the amount that is due and unpaid under the decree

 

(b)            the act ordered to he done by the decree that remains undone ; or

 

(c)            the act that has been done in disobedience of the decree as the case may be.

 

(2)            Proceedings to enforce a decree shall not be commenced in a court in which the decree has been registered under section 89 of the Act and a writ, warrant or other process for the enforcement of a decree shall not be issued by such a court-

 

(a)            unless the affidavit filed in accordance with sub-rule (1) of this rule states that, since that registration7 the decree has not been discharged or varied by a court, the effect of the decree has not been modified by a court and the operation of the decree has not been suspended by a court and

 

(b)            except within a period of thirty days after the date on which that affidavit was sworn and in relation to an amount or act stated in that affidavit.

 

29.   (1)           A court in which a decree is registered under section 89 of the Act may, upon application by a person against whom the decree  may be enforced, order that the decree be not enforced in that court during a period specified in the order.

 

(2)            An order referred to in sub-rule (1) of this rule may be made upon terms as to the giving of security or as to the making of an application to the court by which the decree was made to set aside the decree, or upon such other terms as the court sees fit.

 

Part 7

Registration of Maintenance Orders in Courts of Summary jurisdiction

 

 

30.   (1)            For the purpose of section 91 of the Act, registration in a court of summary jurisdiction of a State or of the Federal Capital Territory of an order for the payment of maintenance shall be effected by the clerk or other proper officer of the court entering particulars of the order in a register kept for the purpose.

 

(2)            Subject to sub-rule (3) of this rule, particulars of an order for the payment Of maintenance shall not be entered in the register by the clerk or other proper officer of a court of summary jurisdiction unless-

 

(a)            either-

 

(i)             a certificate, obtained under Order XVII rule 24 of these Rules, of the order ; or

 

(ii)            if the order is included in a decree nisi-a copy of the decree nisi; has been filed in the proper office of the court

.

(b)            the clerk or other proper officer is satisfied, by affidavit filed in the proper office of the court-

 

(i)             that, in relation to the order, Order XVII rule 2 of these Rules has been complied with

 

(ii)            that the order is not registered in any other court of summary jurisdiction ; and

 

(iii)           that no proceedings are pending in any court for the enforcement of the order and no writ, warrant or other process issued by a court for the enforcement of the order is in force ; and

 

(c)            if a public authority or the registrar or clerk of a court is specified in the order as the person to whom maintenance payable under the order is to be paid, there has been filed in the proper office of the court a certificate given by that public authority, registrar or clerk in accordance with rule 25 of this Order specifying a date not more that ten days before the date on which the certificate is retrieved by the first-mentioned clerk or that proper officer.

 

(3)            Where, under a law of a State or of the Federal Capital Territory that relates to the enforcement in that State or the Federal Capital Territory of summary orders for the maintenance of a wife or child made in another State or the Federal Capital Territory, proceedings are taken for or in relation to the enforcement in that first-mentioned State or the Federal Capital Territory of an order for the payment of maintenance made under the Act that has been registered in a court of summary jurisdiction in another State or the Federal Capital Territory, sub-rule (2) of this rule does not apply to or in relation to the registration, in connexion with those proceedings, of that maintenance order in a court of summary jurisdiction in that first-mentioned State or the Federal Capital Territory.

 

31.   (1)            Where moneys are paid into a court of summary jurisdiction under an order for the payment of maintenance that has been registered in that court under section 91 of the Act, the clerk or other proper officer of the court shall in his discretion-

 

(a)            transmit those moneys to the court, public authority or person to which or to whom the moneys are directed to be paid by the order ; or

 

(b)            pay those moneys direct to a person who would be entitled to receive the moneys from the court, authority or person referred to in the last preceding paragraph if the moneys were transmitted to that court, authority or person.

 

(2)            Where, under sub-rule (1) of this rule, the clerk or other proper officer of a court pays moneys direct to a person in accordance with paragraph (b) of that sub-rule, the clerk or other proper officer shall give notice to the court, public authority or person referred to in paragraph (a) of that sub-rule of the amount or amounts so paid.

 

(3)            Where the clerk or other proper officer of a court has given one notice under sub-rule (2) of this rule in relation to an order for the payment of maintenance, subsequent notices under that sub-rule in relation to that order may be given by the clerk or other proper officer of that court at such intervals as he thinks fit.

 

32.   (1)            Where an order for payment of maintenance that is registered in a court of summary jurisdiction is discharged, varied or revived by a court or where the effect of such an order is modified or the operation of such an order is suspended by a court, the registrar of that court shall forthwith cause notice, in writing, of the fact to be given to the clerk or other proper officer of the court of summary jurisdiction.

 

(2)            On receipt of notice given tinder sub-rule (1) of this rule, the clerk or other proper officer shall cause particulars of the discharge, variation, revival, modification or suspension to be entered in the register kept by him in pursuance 0f Order XVII rule 30 of these Rules.

 

33.           Where no proceedings for the enforcement of an order for payment of maintenance are pending in the court of summary jurisdiction in which the order is registered and no writ, warrant or other process issued by that court for the enforcement of the order is in force, the person who caused the order to be registered in the court may request, in writing, the clerk or other proper officer of the court to cancel the registration of the order, and the clerk or other proper officer shall cancel the registration accordingly.

 

34.   (1)            Where an order for the payment of maintenance is registered, under section 91 of the Act, in a court of summary jurisdiction, or where the registration of such an order in a court of summary jurisdiction is cancelled under rule 33 of this Order, the clerk or other proper officer of the court shall forthwith cause notice of the registration or cancellation to be given to the registrar of the court by which the order was made.

 

(2)            A notice referred to in sub-rule (1) of this rule shall be in writing and shall be signed by the clerk or officer giving the notice.

 

 

Order XVIII

Proceedings Consequent on Decree of Restitution of Conjugal Rights

 

1.             In this Order-

 

 

                "decree" means a decree of restitution of conjugal rights;

 

                 "petition" includes an answer by which a respondent institutes proceedings for a decree of restitution of conjugal rights;

 

                "the petitioner", in relation to a decree, means the party, whether the petitioner or respondent in the proceedings for the decree) in whose favour the decree is made;

 

                "the respondent", in relation to a decree, means the party, whether the petitioner or respondent in the proceedings for the decree, against whom the decree is made.

 

2.             Where the court makes a decree, the petitioner shall, as soon as practicable after the making of the decree, cause service of a copy of the decree to be effected on the respondent in a manners referred to in paragraph (a) or (A) of rule 1 of Order VI of these Rules.

 

3.     (1)            Subject to sub-rule (3) of this rule, where the court has made a decree upon the petition of a husband, a notice given by the petitioner to the respondent under section 50 of the Act

 

(a)            shall specify the address of the home to which the respondent is to return to the petitioner in order to comply with the decree

 

(b)            shall-

 

(i)             state that the petitioner will within a reasonable time, specified in the notice, after the respondent informs him of her intention to return home to the petitioner and of the date on and after which she will be ready so to return, provide a home for the respondent to return to, and give the respondent notice of the address of that home; and

 

(ii)            specify an address where the respondent may communicate with the petitioner by post ; or

 

(c)            shall specify-

 

(i)             the address of a home to which the respondent is to return to the petitioner in order to comply with the decree

 

(ii)            the date on which that home will cease to be the home to which the respondent is to return to the petitioner for that purpose ; and

 

(iii)           an address where the respondent may communicate with the petitioner by post,

 

                and also state that, if the respondent does not return home to the petitioner before that date, the petitioner will, within a reasonable time1 specified in the notice, after the respondent informs him that she intends to comply with the decree, and of the date on and after which she will be ready so to return, provide a home for the respondent to return to, and give the respondent notice of the address of that home.

 

(2)            A notice referred to in sub-rule (1) of this rule shall also state that the petitioner will-

 

(a)            if the respondent informs him of her intention to return home to the petitioner and of the date on and after which she will be ready so to return ; and

 

(b)            if the respondent so requests him,

 

                 pay to the respondent, in advance, a reasonable sum for her expenses of returning home to the petitioner.

 

(3)            Where the court has, upon the petition of a husband, made a decree by which the respondent is ordered to take back the petitioner and render to the petitioner conjugal rights, a notice given by the petitioner to the respondent under section 50 of the Act shall specify an address where the respondent can communicate with the petitioner by post and shall state that, if the respondent intends to comply with the decree, she should inform him accordingly, and that the petitioner will then return to the matrimonial home.

 

4.             Where the court has made a decree upon the petition of a wife, the petitioner shall, as soon as practicable after the making of the decree, give to the respondent a notice specifying an address where the respondent can communicate with the petitioner by post and stating that, if the respondent intends to comply with the decree, he should inform her of the manner in which he intends to comply with the decree.

 

5.     (1)            A notice under section 50 of the Act or under rule 4 of this Order that has been served on the respondent remains in force until it is cancelled by a notice in writing served on the respondent.

 

(2)            A petitioner may, at any time while a notice under section 50 of the Act or under rule 4 of this Order is in force, serve on the respondent a notice cancelling that notice and shall do so if-

 

(a)            the home, the address of which is specified in that notice, ceases to be the home to which the respondent is to return to the petitioner; or

 

(b)            the address specified in that notice as the address where the respondent may communicate with the petitioner by post ceases to be an appropriate address for that purpose,

 

                 as the case may be.

 

(3)            Where a petitioner specifies, in a notice under section 50 of the Act the date on which a specified home will cease to be the home to which the respondent is to return to the petitioner for the purpose of complying with a decree, sub-rule (2) of this rule shall not be taken to require the petitioner to cancel that notice upon that home ceasing on that date, to be the home to which the respondent is to return for that purpose.

 

(4)            Whenever, within a period of twelve months after service of a copy of a decree is effected on the respondent in pursuance of rule 2 of this Order, the petitioner cancels a notice under section 50 of the Act or under the last preceding rule, the petitioner shall serve on the respondent, at the same time, a further notice under section 50 of the Act or under rule 4 (if this Order, as the case may be.

 

(5)            The further notice referred to in the last preceding sub-rule may be included in the notice cancelling the previous notice or may be a separate notice.

 

6.             A notice under section 50 of the Act or under rule 4 or 5 of this order shall be served on the respondent in a manner referred to in paragraph (a) or (b) of Order VI rule 1of these Rules.

 

7.     (1)            Where-

 

(a)            the respondent, being the wife, named in a decree informs the petitioner of her intention to retort home to him and of the date on and after which she will be ready to return; and

 

(b)            the respondent so request the petitioner;

 

                the petitioner shall pay to the respondent, in advance, a reasonable sum of money for her expenses of returning home to the petitioner.

 

(2)            Where a petitioner has paid moneys to his wife in pursuance of sub-rule (1) of this rule and his fails to comply with the decree within a reasonable time after the payment of the moneys, the moneys are a debt due payable by the to petitioner and recovered by action in a court competent jurisdiction.

 

Order XIX

Registries

 

 

1.     (1)            In these Rules, a reference to the seal a court shall be read as a reference to the seal used by the Court in the exercise of' its matrimonial causes jurisdiction.

 

(2)            where a registrar of a court has in his custody a stamp the design of which is, as nearly as practicable, the same as the design of the seal of the court, a document or copy of a document required, for the purpose of proceedings, to be sealed with the seal of the court may be marked with that stamp.

 

(3)            A document or copy of a document marked with a stamp referred to in sub-rule (2) of this rule is as valid and effectual as if it had been sealed with the seal of the court.

 

(4)            All courts exercising jurisdiction under the Act shall take judicial notice of the mark of a stamp referred to in sub-rule (2) of this rule affixed on a document or copy of a document relating to proceedings and, in the absence of proof to the contrary, shall presume that it was affixed by proper authority.

 

2.     (1)            Where a person requires a sealed document or a sealed or office copy of a document for the purpose of proceedings (whether or not those proceedings constitute a matrimonial cause) the person may prepare the document or a copy of the document and present it to the registrar of the court in which the proceedings are pending or, if the proceedings are completed, by which the proceedings were determined.

 

(2)            If it appears that the document is in proper form, or that the copy is a true copy of the document, as the case may be, and that the person presenting it does require the document or copy to be sealed, or the copy to be issued as an office copy, for the purpose of proceedings, the registrar shall cause it to be sealed with the seal of the court or issued as an office copy, as the case may be.

 

3.             The registrar shall cause the date of filing to be written on every pleading or other document that is filed.

 

4.             Proper indexes to the files or bundles of documents filed in an office of a court shall be kept so that they may conveniently be referred to when required.

 

5.     (1)            At each office of a court a record, to be called the Matrimonial Causes Book shall be kept of all matrimonial causes instituted at that office.

 

(2)            The provisions of sub-rule (1) of this rule do not apply to or in relation to-

 

(a)            a matrimonial cause instituted before the commencement of the Act ; or

 

(b)            a matrimonial cause instituted after the commencement of the Act in relation to a matrimonial cause instituted before the commencement of the Act.

 

(3)            When after a matrimonial cause has been transferred from one court to another court in pursuance of section 9 of the Act, the documents filed of record have been transmitted to the registrar or other proper officer of the court to which the cause has been transferred to he kept as of record at an office of that court, the cause shall, for the purpose of sub-rule (2) of this rule, be deemed to be a cause instituted at that office and shall be deemed not to be a cause instituted at an office of the court from which the cause was so transferred.

 

(4)            The Matrimonial Causes Book shall show, in relation to each suit, the date on which-

 

(a)            each pleading is filed for the purpose of the suit

 

(b)            an application is made to a court or to a registrar in relation to the suit ; or

 

(c)            a decree or order is made on the determination of the suit, of any proceedings included in the suit or of such an application.

 

(5)            In this rule, "suit" has the same meaning assigned to it under Order XI, of these Rules.

 

6.              Every document filed in the office of a court, or transmitted to the registrar or other proper officer of a court in accordance with section 9 of the Act to be kept at the office of a court, is a record of the court and shall not, without the permission of a judge of the court, be removed from that office of the court except for use by the court, a judge or an officer of the court.

 

7.     (1)            Subject to these Rules, a party to proceedings, the Attorney-General and, in special circumstances, a person who satisfies a registrar that he has good reason for doing so or obtains the permission of a judge of the court to do so may, upon furnishing to the registrar sufficient particulars and paying the appropriate fee, cause a search to be made for an entry in the Matrimonial Causes Book or for a document that has been or might have been filed for the purpose of proceedings and to receive a certificate of the result of the search.

 

(2)            Subject to these Rules, a person who has, under this rule, caused a search to be made for an entry in the Matrimonial Causes Book is entitled to inspect any document filed for the purpose of proceedings to which the entry relates, and a person who has caused a search to be made for a document is, if the document has been filed, entitled to inspect the document.

 

(3)            In this rule, a reference to the Attorney-General shall be read as including a reference to a person to whom the Attorney-General has, by a delegation under section 64 of the Act that is in force, delegated any of his powers and functions under Part III of the Act.

 

Order XX

Fees

 

1.     (1)            The court fees specified in the Second Schedule shall be charged in respect of the matters in relation to which they are specified.

 

(2)            Except as provided in the Second Schedule, no court fee shall be charged in respect of the following matters

 

(a)            filing an affidavit in support of an application to the court or a registrar;

 

(b)           filing any other affidavit, not being an affidavit that is filed in connexion with the enforcing of a decree or order;

 

(c)            filing a pleading;

 

(d)           searching for a pleading or other document if the time for filing the pleading or document has expired and the search is made for the purpose of establishing that the pleading or document has not been filed;

 

(e)            sealing a copy of a document;

 

(f)            drawing up, settling or signing a decree or order

 

(g)           amending a pleading;

 

(h)            filing or making an application or request under these Rules ; or

 

(i)             filing, depositing, giving, issuing or serving any other document required by these Rules to be filed, deposited, given, issued or served in connexion with proceedings.

 

(3)            The court fee in connection with proceedings in the High Court of a State or of the Federal Capital Territory is payable in accordance with the practice and procedure of that court.

 

(4)            Nothing in this rule shall be deemed to prevent the making, under subsection (4) of section 112 of the Act, of rules of court or other pro-visions in relation to the practice and procedure of the High Court of a State or of the Federal Capital Territory prescribing the court fees to be charged in respect of matters not specified in sub-rule (2) of this rule or in the Second Schedule.

 

2.     (1)            Subject to this Order, a pleading, application or other document shall not be filed, issued or otherwise dealt with, and any other matter or thing shall not be done in a court or by an officer of a court, unless the fee (if any) payable upon or in respect of filing, sealing, issuing or otherwise dealing with that pleading, application or other document, or upon or in respect of the doing of that matter or thing, has been paid or unless an undertaking to pay the fee has been given to the court or to the officer, as the case may be.

 

(2)            Nothing in these Rules shall be taken to prejudice the operation of any law (including a rule of court) in force in a State or in the Federal Capital Territory under which a party to any proceedings in the High Court of that State or of the Federal Capital Territory is exempted, by reason of poverty, from the payment of court fees in relation to those proceedings.

 

(3)            Nothing in these Rules shall be taken to require the payment of a court fee by the government of the Federation or by a State government.

 

3.             The proper officer of a court shall, immediately upon payment of a fee upon or in respect of a document, or in respect of filing, issuing, sealing or otherwise dealing with a document, mark upon the document the amount of the fee paid and the date of payment.

 

4.             If a question arises as to which, if any, of the fees is applicable in a particular case, the question shall be determined by a registrar, but a person affected by the determination of a registrar may have the decision reviewed by the court.

 

5.             A court may, in a particular case for special reasons, direct-

 

(a)            that a fee shall not be taken, or that part only of a fee shall he taken, or, if taken, that the whole or a part of the fee he remitted ; or

 

(b)            that the payment of the whole or a part of a fee be postponed until such time, and upon such conditions, if any, as the court thinks fit.

 

Order XXI

Effect of Non-Compliance With These Rules or With an Order

 

 

1.             In this Order a reference to proceedings shall he read as including a reference to a step in proceedings.

 

2.             Subject to these Rules, non-compliance with these Rules, or with a rule of practice and procedure of a court applicable under the Act to proceedings, does not render proceedings void unless the court so directs, hut the proceedings may be set aside, either wholly or in part as irregular, or may be amended or otherwise dealt with in such manner and upon such terms as the court thinks fit.

 

3.             Subject to the Act and to these Rules-

 

(a)            a court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non-compliance with these Rules, with a rule of practice and procedure of the court applicable to the proceedings or with an order made by the court

 

(b)            a court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of these Rules ; and

 

4.     (1)            An application to set aside proceedings for irregularity shall to set aside not be allowed-

 

(a)            if the application is not made within a reasonable time; or

 

(b)            if the party making the application has taken a relevant step after knowledge of the irregularity.

 

(2)            Nothing in the last preceding sub-rule shall be taken to prevent a court from exercising, of its own motion, any of the powers conferred on it by the last two preceding rules.

 

(3)            Where application is made to set aside proceedings for irregularity, the several objections intended to be relied upon shall be stated in the application.

 

Order XXII

Proceedings For Jactitation Of Marriage, Declarations, Etc

 

Part I

Application

 

1.     (1)            This Pan applies to and in relation to-

 

(a)            proceedings for a decree of jactitation of marriage

 

(b)            proceedings for a decree of nullity of a void marriage instituted by a person who is not a party to the marriage

 

(c)            proceedings for a declaration or order of a kind referred to in paragraph (b) of the definition of "matrimonial cause" in subsection (1) of section 114 of the Act ;and

 

(d)            proceedings that constitute a matrimonial cause and relate to any proceedings referred to in paragraphs (a), (5) and (c) of this sub-rule,

 

                and, to the extent and in the manner provided in this Order but not otherwise, these Rules, other than this Order, apply to and in relation to any such proceedings.

 

(2)            Where-

 

(a)            a party to a marriage institutes, by petition, proceedings for an Act of dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights and also institutes, by the same petition, proceedings for a declaration or order of a kind referred to in paragraph (5) of the definition of "matrimonial cause" ; and

 

(b)            no persons other than the parties to the marriage are parties to those last-mentioned proceedings,

 

                these Rules, other than this Order, apply in addition to this Order to and in relation to those last-mentioned proceedings and to any other proceedings that constitute a matrimonial cause and relate to those last-mentioned proceedings.

 

Part 2

Petitions for Jactitation of Marriage

 

 

2.             A petition for an Act of jactitation of marriage shall be in accordance with Form 64.

 

3.     (1)            A petition for an Act of jactitation of marriage shall state-

 

(a)            the dates on which and the times and places at which the respondent is alleged to have boasted and asserted that a marriage had taken place between the petitioner and the respondent; and

 

(b)            particulars of those boastings and assertions.

 

(2)            A petition for an Act of jactitation of marriage shall state that the petitioner is not married to the respondent and that the petitioner has not acquiesced in the alleged boastings and assertions.

 

Part 3

Petitions for Declarations, Etc

 

4.             This Part applies to-

 

(a)            proceedings for a decree of nullity of a void marriage instituted by a person who is not a party to the marriage ; or

 

(b)            proceedings for a declaration or order of a kind referred to in paragraph (5) of the definition of "matrimonial cause" in the Act.

 

5.     (1)            A petition instituting proceedings to which this Part applies shall be in accordance with Form 65.

 

(2)            Subject to the next succeeding sub-rule and to any order made by the court in a particular case, a petitioner instituting proceedings to which this Part applies shall make each other person affected by the proceedings a respondent to the proceedings.

 

(3)            Where persons included in a class of persons are affected by proceedings to which this Part applies, a court may, if it is satisfied that it is expedient so to do either by reason of the difficulty in ascertaining the persons who are included in that class of persons or for the purpose of saving expense, by order, appoint a person or persons included in that class of persons to represent all the persons included in that class of persons.

 

(4)            An order under the last preceding sub-rule may be made upon the trial of the proceedings to which the order relates.

 

6.     (1)            A petition instituting proceedings of a kind referred to in paragraph (a) of rule 4 of this Order shall comply with such of the provisions of Parts 1 and 3 of Order V as are applicable to petitions for a decree of nullity of a void marriage and are applicable to the circumstances of the particular case.

 

(2)            A petition for a declaration or order of a kind referred to in paragraph (b) of the definition of "matrimonial cause" in the Act shall-

 

(a)            specify the declaration or order that the petitioner is seeking and

 

(b)            set out, in as concise a form as the nature of the case allows, the facts, but not the evidence by which the facts are to be proved, upon which the court will be asked to make the declaration or order.

 

7.     (1)            Subject to this Order, these Rules apply, as far as practicable and with the necessary modifications, to and in relation to proceedings to which this Part applies in like manner as they apply to proceedings for a decree of a kind referred to in paragraph (a) of that definition.

 

(2)            The provisions of these Rules that apply to and in relation to proceedings of a kind referred to in paragraph (c) or (d) of the definition of "matrimonial cause" that relate to proceedings of a kind referred to in paragraph (a) of that definition apply, as far as practicable and with the necessary modifications, to and in relation to proceedings of a kind referred to in paragraph (c) or (d) of that definition that relate to proceedings to which this Part applies.

 

 

Order XXIII

Miscellaneous

 

1.             Nothing in these Rules shall be taken to prevent the court from making, with the consent of the parties to proceedings and in accordance with the practice of the court, an order (not including an order of a kind referred to in paragraph (a) or (b) of the said definition of "matrimonial cause") determining the proceedings or relating to the proceedings.

 

2.     (1)            where a court is satisfied that a party who has instituted proceedings for an order under section 105 of the Act would be seriously prejudiced if the hearing and determination of the proceedings were delayed until after service of the petition or application instituting the proceedings had been effected on another party or the other parties to the proceedings, the court may hear and determine the proceedings or make such order in relation to the proceedings as it deems proper notwithstanding that that party has not, or those parties have not, been served with the petition or application.

 

(2)            Where the court has made an order under sub-rule (1) of this rule whether or not that order determines proceedings, a person who is affected by the order and who had not been served with the petition or application instituting the proceedings may make application to the court to set aside or vary the order.

 

3.     (1)            Upon application made by a party to proceedings or by a person entitled to intervene in proceedings under sub-section (2) of section 32 of the Act or under these Rules, the court may extend the time limited by these Rules, or fixed by an order made by the court for the doing of an act or the taking of a step in proceedings.

 

(2)             Application under sub-rule (1) of this rule may be made whether or not the time limited for the doing of the act or the taking of the step in proceedings has expired.

 

(3)            Subject to the sub-rule (4) below an extension of time may be granted under sub-rule (1) of this rule upon such conditions as the court thinks fit.

 

(4)            Unless a court otherwise orders, the costs of an application under sub-rule (1) of this rule shall be borne by the applicant.

 

(5)            An application under sub-rule (1) of this rule may be made orally to a court upon the trial of proceedings by the court.

 

4.             The time limited for the doing of an act or the taking of a stop in proceedings may be extended by consent, in writing, without application to a court.

 

5.             Upon application made by a party to proceedings or by a person entitled to intervene in proceedings under sub-section (2) of section 32 of the Act or under these Rules, the court may abridge the time fixed by these Rules as the time at the expiration of which that party or person may do an act or take a step in the proceedings.

 

6.             A pleading, application, affidavit, deposition, certificate, decree, notice or other document required or allowed by these Rules to be filed or delivered to or served on a person for use in or in connexion with proceedings shall, unless the nature of the document renders it in any respect impracticable or these Rules otherwise provide, be legibly and clearly typewritten or printed, without blotting, erasure or such alterations as may cause material disfigurement.

 

7.     (1)            Where, upon an ex parte application, an order is made by a court against, or affecting the rights of, a person, that person may request in writing the applicant or his solicitor to furnish him with a copy of each affidavit filed in support of the application.

 

(2)            Upon receipt of a request under sub-rule (1) of this rule and upon payment of the proper charges, the party who made the application shall furnish a copy of each affidavit filed in support of the application to the person who made the request.

 

8.     (1)            A party to proceedings who is represented in the proceedings by a legal practitioner is, subject to sub-rule (3) of this rule, at liberty to change his legal practitioner without an order for that purpose upon filing notice of the change and serving a copy of the notice on each other party to the proceedings who has an address for service for the purpose of the proceedings and on his former legal practitioner.

 

(2)            Until such a notice is filed and copies are served in accordance with the last preceding sub-rule, the former legal practitioner shall be considered the legal practitioner of the party.

 

(3)            A party to proceedings who is proceeding as a poor person shall not discharge the legal practitioner representing him in the proceedings without the leave of the court.

 

(4)            A notice under sub-rule (1) of this rule shall be signed by the new legal practitioner for the party, and shall state the place of business of that legal practitioner and the address for service of the party for the purpose of the proceedings.

 

(5)            The address stated as the party's address for service shall, where appropriate, include the address of the new legal practitioner for the party or of a legal practitioner acting as the agent of that legal practitioner.

 

9.     (1)            Where a party to proceedings who is not represented by a legal practitioner appoints a legal practitioner to represent him in the proceedings, the party may, either personally or by his legal practitioner, give notice of the appointment.

 

(2)            The provisions of the last preceding rule relating to notice of change of legal practitioner, to service of such a notice and to the stating of an address for service in such a notice apply, with the necessary modifications1 in the case of notice of appointment of a legal practitioner.

 

10.   (1)            where a party to proceedings who is represented by a legal practitioner intends to act in person in the proceedings, the party may give, notice as to his intention to act in person.

 

(2)            The provisions of rule S of this Order relating to a notice of change of legal practitioner, to service of such a notice and to the stating of an address for service in such a notice apply, with the necessary modifications in the ease of a notice of intention to act in person.

 

11.   (1)            Where-

 

(a)            the address for service of a party to proceedings k the address of a legal practitioner who has represented, but is no longer representing, the party in the proceedings;

 

(b)            the legal practitioner has served on the party a notice in accordance with Form 66, signed by the legal practitioner personally, and a period of not less than seven days has elapsed after service of that notice ; and

 

(c)            the party has not, since the legal practitioner ceased, or last ceased, to represent him in the proceedings, filed a notice under rule S or 10 of this Order,

 

                the legal practitioner may file a notice, in accordance with Form 67, of his having ceased to represent the party.

 

(2)            Where a legal practitioner who has represented a party files a notice in accordance with Form 67, the legal practitioner shall, on the day on which the notice is filed or on the next following day, cause a copy of the notice to be served on each other party who has an address for service.

 

(3)            Where a legal practitioner who has represented a party in proceedings has duly complied with sub-rule (1) of this rule, the party may give notice, in accordance with these Rules1 that he is represented by a legal practitioner or that he intends to act in person and, in default of his doing so, shall be deemed not to have an address for service for the purpose of the proceedings.

 

12.           A legal practitioner shall not represent any two or more parties having adverse interests in proceedings.

 

13.   (1)            A court may, at the trial of a matrimonial cause or upon application to the court, whether or not objection is taken-

 

(a)            direct that any costs which have been improperly, unnecessarily or negligently incurred be disallowed ; or

 

(b)            direct the registrar to examine the costs incurred, and to disallow such costs as he finds to have been improperly, unreasonably or negligently incurred.

 

(2)            A party whose costs are so disallowed shall pay to the other parties the costs incurred by those parties in relation to the matter in respect of which his costs have been disallowed.

 

14.            Where a court makes an order under section 9 of the Act transferring a matrimonial cause to another court having jurisdiction under the Act a copy of the order shall be retained as part of the record in the first-mentioned court.