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Sheriffs and Civil Process Act

under Sections 94 and 111

Enforcement of Judgments and Service of Process Rules

 

 

1st day of June 1956

 

 

1.             These Rules may be cited as the Enforcement of Judgments and Service of Process Rules.

 

2.     (1)             The fees set out in the First Schedule hereto shall be payable in respect of the registration of a certificate of judgment in the Nigerian Register of Judgments kept in accordance with the provisions of section 105 of the Sheriffs and Civil Process Act (hereinafter in these Rules referred to "the Act").

 

(2)             Subsequent to the registration of a certificate of judgment, the fees payable in respect of the enforcement and execution of the judgment, the issue of process upon the certificate, the filing of affidavits, the making of applications and the like, shall be the same as would be payable if the judgment were the judgment of the court of registration and the fees so payable may be dealt with by an order under section 106 of the Act.

 

3.     (1)             An order made under section 106 of the Act shall be made by a Judge if the court of registration is the High Court, and by a Magistrate if the court of registration is a Magistrate's court.

 

(2)             Such an order may be made or refused without the hearing of any party.

 

(3)             No such order shall be made unless the judgment creditor or his solicitor has lodged in the court of registration a written request for such an order, stating the reasons for the registration of the certificate.

 

(4)             When such an order is made the Registrar of the court of registration shall cause to be endorsed upon any writ of execution which issues upon the certificate the sum which is, by virtue of the order, payable by the judgment debtor to the judgment creditor, and the sum so endorsed shall be added to the judgment debt (if any) and shall be recoverable as such.

 

4.             A writ of summons or other originating process, issued by the High Court of the Federal Capital Territory, Abuja for service in Nigeria (outside Abuja) 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 the Federal Capital Territory, Abuja .............................. and in the ..................................  State."

 

5.             The provision of the last preceding rule shall apply, mutatis mutandis, to a summons or other originating process issued by a Magistrate's court in the Federal Capital Territory, Abuja.

 

6.             Where a writ of summons or other originating process is issued by the High Court of the Federal Capital Territory, Abuja for service in Nigeria (outside the Federal Capital Territory, Abuja), two copies thereof duly certified by the Registrar of the High Court shall be sent by him together with the copy of the order (if any) for any special form of service with a request for service to the Registrar of the High Court exercising jurisdiction in the particular area of the State where service is to be effected. The letter of request shall specify how service is to be effected and shall further request that one of the certified copies be returned in due course to the Registrar of the High Court of the Federal Capital Territory, Abuja endorsed with a certificate setting out the date, place and mode of service (or stating why service cannot be effected), and bearing the signature of the process server and the authentication of such signature by a Judge of the Court of service.

 

7.     (1)             Where a summons or other originating process is issued by a Magistrate's court in the Federal Capital Territory, Abuja and such summons or other process is to be served on a defendant in Nigeria (outside the Federal Capital Territory of Abuja) such summons or process together with a copy thereof and a copy of the plaint certified by the Registrar of the said court shall be sent by him to the Registrar of the Magistrate's court exercising jurisdiction in the particular area of the State where service is to be effected, together with a copy of the order (if any) made for any special kind of service.

 

(2)            The letter of request shall specify how service is to be effected and shall further request that the copy of the summons be returned in due course to the Registrar of the court of issue endorsed with a certificate setting out the time, place and mode or service (or stating why service cannot be effected) and bearing the signature of the process server and the authentication of such signature by the Magistrate of the court of service.

 

8.     (1)             The Registrar of the High Court of Abuja or of a Magistrate's court in Abuja, shall, on receipt of a letter of request for service of a writ of summons or other originating process from a court in a State submit such request to a Judge or a Magistrate as the case may be, who will (subject to all just exceptions) endorse the writ of summons for service as requested.

 

(2)             After service has been effected, the process server shall endorse and sign on the proper document a certificate setting out the date, place and mode of service (or stating why service cannot be effected) and his signature shall be authenticated by a Judge or Magistrate, as the case may be.

 

(3)             No service shall be effected unless a sum sufficient to cover the fees and expenses of service has been received.

 

9.             Where a copy of a writ of summons or summons sent for service to a court of a State is returned endorsed and authenticated in the manner prescribed above, the endorsement shall be accepted as prima facie proof of service.

 

10.           The Nigerian Register of Judgments shall be in the form set out in the Second Schedule hereto.

 

11.           The forms set out in the Third Schedule hereto shall be used for the purposes mentioned in section 110 of the Act.

 

 

First Schedule

 

Second Schedule