HIGH COURT OF JIGAWA STATE (CIVIL PROCEDURE) RULES (FORMS)
FORM 1
General Form of Writ of Summons
(0.3, r.3)
(Here put the letter and number (see note (a) following this form).
In the High Court of Jigawa State
In the ………………………………………………………………….Judicial Division Jigawa State
Suit No …………………………
Between:
A. B …………………………………………………………………………………………………………Claimant
And
C.D …………………………………………………………………………………………………………. Defendant
To C.D of ……………………………………………………. in the ……………………………………………….. of ……………………….
You are hereby commanded that within eight days after the service of this writ on you, inclusive of the day of such service you do cause an appearance to be entered for you in an action at the suit A.B. and take notice that in default of your so doing the claimant may proceed therein, and judgement may be given in your absence.
DATED this ………………………………………………. Day of ………………………………………………………… 20 ……………………….
……………………………………………………..
Registrar
Memorandum to be subscribed on the writ.
N.B.
This writ is to be served within six calendar months from the date thereof, or, if renewed, within three calendar months from the date of the last renewal, including the day of such date, and not afterwards.
Forms of Writs of Summons, etc – continued
The defendant may enter appearance personally or by Legal Practitioner either by handing in the appropriate forms, duly completed, at the Registry of the High Court of the Judicial Division in which the action is brought or by sending them to the Registry by registered post.
Indorsements to be made on the writ before issue thereof;
The claimant’s claim is for, etc. (see note ‘b’ of this form)
This writ was issued by G. H., of ………………………………………………………………………………. whose address for service (see note ‘e’ of this form) is ……………………………………………………………, agent for ……………………………………………………….., of, (see note ‘d’ of this form) Legal Practitioner for the said claimant who resides at ……………………………………………….(mention the city, town or district and also the name of the street and number of the house of the claimant’s residence, if any) Indorsement to be made on copy of writ forthwith after service.
This writ was served by me at …………………………………………………………………….. on the defendant (here insert mode of service) on the ……………………………………………………………………. day of ……………………………………….. 20 ………………………………
Indorsed the ………………………………………………………………………… day of………………….., 20 ………………………..
……………………………………………….
(Signed)
……………………………………………………………………
(Address)
Note:
(a) Heading and Title – if the action is for administration the writ must be headed “In the matter of the Estate of………..deceased”.
If it is a debenture holder’s action the writ must be headed “in the matter of the company” and in a probate action. “In the Estate of A.B., deceased.” A writ of summons claiming administration of a trust or settlement may be headed “In the matter of the (Trust or settlement)”
(b) Endorsement of Claim – If the claimant sues, or defendant is sued, in a representative capacity, the endorsement must state in capacity the claimant sues or the defendant is sued. See O. 4. r, 2. If the claim is for a debt or liquidated demand only, the endorsement, even though not special, must strictly comply with the provisions of O. 4. r. 4, including a claim for four days’ costs.
(c) Address for Service – see O. 4. r. 6. The address must be within the jurisdiction.
(d) Address of Claimant – In the case of a company in liquidation the claimant’s address should run” claimants, who are a company in liquidation. The liquidator is (name of liquidator), of (address of liquidator)”
In the case of a foreign corporation within the meaning of part in of the Companies and Allied Matters Act the claimants’ address should run thus; ………………………………………………………………………………………………………………………. claimants, who are a foreign corporation within the meaning of the Companies and Allied Matters Act. The registered name and address of the person to be served are (here add registered name and address)”.
(e) Endorsement of Service – See O. 7. r. 13.
(f) Probate Actions – In these actions the endorsement of claim must show the nature of the claimant’s interest, under which he claims (0. 4. r. 3); and the alleged interest of the defendant.
Before the writ is issued the following certificate must be endorsed on it: The Registry, High Court of Jigawa State
In the …………………………………………………………………………………………………………. Judicial Division
A sufficient affidavit in verification of the endorsement on this writ to authorize the sealing thereof has been produced to me this
…………………………… Day of …………………………………………….. 20 ………………………
…………………………………………………………………….
(Signature of Registrar)
FORM 2
Writ for Service out of the jurisdiction.
(0. 3., r. 4)
(Heading as in form 1)
To C. D. of ………………………………………………………………………………………………… you are hereby commanded that within (here insert the number of days directed by the Court or Judge ordering the service or notice) days after service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the………………………………………. Judicial Division of the High Court of Jigawa State in an action at the suit of A. B.; and take notice, that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absence.
Dated this ……………………….. day of …………………………….. 20 ………………….by order of the court.
……………………..
Registrar
Memorandum to be subscribed on the writ
N.B:
This writ is to be served within six calendar months from the date thereof, or, if renewed, within three calendar months from the date of the last renewal, including the: day of such date, and not afterwards. The defendant (or defendants) may appear hereto by entering appearance (or appearances) either personally or by Legal Practitioner at the Registry of the Judicial Division in which the writ is issued.
This writ was served (as in Form No.1).
Indorsement to be made on the writ before the issue thereof:
N.B:
This writ is to be used where the defendant or all the defendants or one or more defendant or defendants is or are out of the jurisdiction.
Note:
The above endorsement “N.B.” must be on every writ or concurrent writ for service out of the jurisdiction.
The endorsement “N.B.” need not be made on a writ against defendants domiciled abroad, but whom it is intended to serve within the jurisdiction.
Endorsement- If the claim is for a. debt or liquidated demand only, the endorsement, even though not special, must strictly comply with the provisions of 0.4. r. 4(1), including a claim for costs.
See also notes to Form No.1, supra.
FORM 3
General Form of Originating Summons
(0.3, r. 8)
In the High Court of Jigawa State
In the ………………………………………………………., Judicial Division
(If the question to be determined arises in the administration of an estate or a trust entitles it: In the matter of the estate or trust.)
Suit No …………………….
Between:
A.B ……………………………………………………………………………………………………………………… Claimant
CD. and E.F …………………………………………………………………………………………………………… Defendants
Let ………………………………..of …………………………………………in ……………………………. within eight days after service of this summons on you, inclusive of the day of such service, cause an appearance to be entered for you to this summons which is issued upon the application of ……………. of ………………………………who claims to be (state the nature of the claim), for the determination of the following questions: (State the questions).
DATED the ………………………………….. day of ………………………………………………… 20 …………………
This summons was taken out by …………………………………………………………………………………….. Legal Practitioners for the
above-named …………………………………………………………..
Sealed at the High Court Registry
………………………………………………………………………..
Registrar
FORM 4
Originating Summons under
(0, 3, r, 8(1))
In the High Court of Jigawa State
In the ………………………………. Judicial Division
Suit No ……………………….
In the matter of A.B. a Legal Practitioner (Re Taxation of costs, etc.) (or as may be).
Let A.B. of ……………………………………………………………………………………….attend the Court, (or Chief registrar’s Office) HIGH COURT JIGAWA, on the ……………… day of ………………………………………….. 20 ……………………………………….At 9 o’clock in the forenoon (on the hearing of an application on the part of …………………………………………………….)
(State relief sought). (If for leave to endorse award under the Arbitration Law, ap. Add, “And that the respondent do pay the costs of this application to be taxed.”
DATED the …………………………………… day of …………………………………….. 20 …………………………
This summons was taken out by ………………………………………………………………………………………………………….
Sealed at the High Court Registry
………………………………………………………………
Registrar
Note:
It will not be necessary for you to enter an appearance in the HIGH COURT REGISTRY, but if you do not attend either in person or by your Legal Practitioner, at the time and place above mentioned (or at the time mentioned in the endorsement thereon), such order will be made and proceedings taken as the Judge may think just and expedient.
FORM 5
Form of ex-parte Originating Summons
(O. 3, r. 8(1))
In the High Court of Jigawa State
In the …………………………………………………………. Judicial Division
Suit No …………………………………….
In the matter of A.B. an infant (or, as may be). Let all parties concerned attend before the Judge or (Chief Registrar’s Office), High Court, Jigawa State, at the time specified in the margin hereof, on the hearing of an application on the part of the above named A.B., an infant, by CD. his next friend, that etc .
This summons was taken out by ……………………………………………………… of
…………………………………. agents for ……………………………………………….. of
………………………………………………………… Legal Practitioner for the applicant.
Sealed at the High Court Registry
…………………………………………………………..
Registrar
FORM 6
Notice of Appointment to hear Originating Summons
(0,3, r. 8(1))
(Title, etc., as in Forms Nos. 2,3)
To (insert the name of the defendant or respondent) ………………………………………………………………………………………………………
……………. take notice that you are required to attend before the Judge at the HIGH COURT of the Judicial Division, Jigawa State on the …………………………….. day of ………………………………………..20………9 o’clock in the forenoon, for the hearing of the originating summons issued herein on the …………………………….. day of…………………………………20 ………………….and that if you do not attend in person or by Legal Practitioner at the time and place mentioned, such order will be made and proceedings taken as the Judge may think just and expedient.
DATED the ………………………………………………..day of ……………………………………………20 ………………………
(Signed) …………………………………….
Legal practitioner for the Claimant (or Applicant)
FORM 7
Form of Memorandum for Renewed Originating Process
(0. 6, r. 6(2))
(Heading as in Form No.1)
Seal renewed Originating Process in this action indorsed as follows
The Originating Process renewed on the …………………..day of …………………………………………….. 20 ……………………………………… pursuant to Order of Court made …………………………day of ………………………………………….. 20 ………………………………. for 3 months
(Copy original Originating Process and the indorsements)
FORM 8
Request to Minister of Foreign Affairs to transmit
Writ to Foreign Government
(0. 8, r. 3(a))
The Chief Judge of Jigawa State presents his compliments to the Minister of Foreign Affairs, and encloses herewith a notice of a writ of summons issued in an action of ……………..A. …………………….B ……………………versus C. D …………….. pursuant to order out of the Judicial Division of the High Court of Jigawa State for transmission to the Ministry of Foreign Affairs in (name of country) with the request that the same may be served personally upon (name of defendant to be served) against who proceedings have been taken in ………………….the Judicial Division of the High Court of Jigawa State and with the further request that such evidence of the service of the same upon the said defendant may be officially certified to the High Court of Jigawa State, or declared upon oath, or otherwise, in such manner as is consistent with the usage or practice of the courts of the (name of country) in proving service of legal process.
The Chief Judge further requests that in the event of efforts to effect personal service of the said notice of writ proving ineffectual the Government or Court of the said country be requested to certify the same to the High Court of Jigawa State.
Dated this …………………….day of …………………………..20 ……………………..
…………………………………………………
Chief Judge
FORM 9
Request for Service Abroad
(Title as in Form No.4)
(0.8., r. 3(b))
I (or we) hereby request that the writ of summons in this action be transmitted through the proper channels to (name of country) for service (or substituted service) on the defendant (naming him) at (address of defendant) or elsewhere in (name of country. And I (or we) hereby personally undertake to be responsible for all expenses incurred by the Ministry of Foreign Affairs in respect of the service hereby requested, and on receiving due notification of the amount of such expenses I (or we) undertake to pay the same into the High Court Registry for transmission to the Director-General of the Ministry of Foreign Affairs.
DATED this ………………….day of ……………………………20 ……………………
………………………………………………………………….
Signature of Legal Practitioner
FORM 10
Letter Forwarding Request for Substituted Service
(0.8, r. 3(d))
The Chief Judge of Jigawa State presents his compliments to the Minister of Foreign Affairs and encloses herewith a writ of summons in the case of …………………………… versus………………………………………………….. in which the claimant has obtained an order of the ……………………………………………………………………Judicial Division of the High Court of Jigawa State (which is also enclosed) giving leave to make a request that the said writ may be served by substituted service on the defendant………………………………………at ………………………………………………………………….. in the (name of country).
The Chief Judge requests that the said writ and order may be forwarded to the proper authority in (name of country) with the request that the same may be transmitted by post addressed to the defendant at (the last known place of abode or the place of business) of the said defendant, or there delivered in such manner as may be consistent with the usage or practice of the courts of (name of country) for service of legal process where personal service cannot be effected; and with the further request that the same may be officially certified to the…………………………Judicial Division of the High Court of Jigawa State, or declared upon oath, or otherwise, in such manner as is consistent with the practice of the courts of the (name of country) in proving service of legal process.
Dated this …………. day of …………………….20…………
……………………………………………
Chief Judge
FORM 11
Request to Minister of Foreign Affairs to transmit
Notice of writ to a Foreign Government
(0. 8, r. 4(1)(a))
The Chief Judge of Jigawa State presents his compliments to the Minister of Foreign Affairs and encloses herewith a writ of summons issued in an action of …………………………. Versus the (insert name of the defendant High Contracting Party) pursuant to order, out of the ………………………., Judicial division of the High Court of Jigawa State for delivery to the Government of (insert name of the country of the High Contracting Party) and to request that an official certificate may in due course be dispatched to the …………………………………………., Judicial Division of the High Court of Jigawa State, stating that the writ of summons has been delivered, and an what date.
Dated this ……………….day of ………………………20 ………….
………………………………………..
Chief Judge
FORM 12
MEMORANDUM OF APPEARANCE
(0.9.R.1 (1))
IN THE HIGH COURT OF JIGAWA STATE
In the ………………………………………………..judicial division
Suit No ………………………….
Between:
……………………………………………………………………………………………………………………… Claimant(s)
And
……………………………………………………………………………………………………………………… Defendant(s)
please enter an appearance for (see note ‘A’ of this form) ……………………………………………………………………………..sued as
(see note ‘b’ of this form) ……………………………………………………………………………………………………………………………………..
…………………………………………………….in the action
DATED the ……………………………………………..day of …………………………………….20 …………………………
Signed ……………………………………………………….
Whose Address for the Service (see note ‘c’ of this form) ……………………………………………………………………………………………………………………………………………………………………………………………..
NB: – Additional notes for the guidance of defendants seeking to enter an appearance are given on the back. Please read carefully
Notes:-
1(a) The defendant must give his or her full name.
(b) Give name by which the defendant is described in the writ if this differs from defendant’s full name, otherwise delete words “sued as”.
(c) A defendant appearing in person must give his residence or some other place within the Judicial Division of Jigawa State to which communications for him should be sent. Where he appears by a Legal Practitioner, the Legal Practitioner’s place of business
2. Where the defendant is a firm, the appearance must be entered by the individual partners by name with the description “Partner in the firm of …………………..”
3. Where the defendant is an individual trading in a name other than his own, the appearance must be entered by him in his own name with the addition of the description “Trading as …………………………………….”
4. Where the defendant is a limited liability company, the appearance must be entered by a Legal Practitioner.
5. Where the appearance is being entered by leave of the court, a copy of the order granting leave must accompany this form.
6. Where the defendant has no defence or admits the plaintiff’s claim, the entry of appearance will delay judgement and may increase- the costs payable by the defendant.
FORM 13
Notice of counterclaim
(0.17, r.9)
In the high court of Jigawa State
In the ……………………………………………Judicial Division ……………………………………………………………
Suit No …………………………………………………………….
Between:
A.B ……………………………………………………………………………………………..claimant
And
C.D. ……………………………………………………………………………………………..Defendants
To the within-named X.Y.
Take notice that if you do not appear to the counter claim of the within named C.D., within 8 days from the service of the defence and counterclaim upon you, you will be liable to have judgment given against you in your absence.
Appearance to be entered at the …………………………………………………………………………………………………………………….judicial
Division, High court Registry, Jigawa State.
Dated this ……………………………………day of …………………………………………….20 ……………………
……………………………………………………………………..
Register
FORM 14
Concession to Defence
(0.17, r. 16)
In the High Court of Jigawa State
In the …………………………………………………. Judicial Division
Suit No ……………………………………….
Between:
A.B ………………………………………………………………………………………………………………Claimant
and
CD., E.F. and G. H …………………………………………………………………………………………. Defendants
The claimant concedes to the defence stated in the paragraph………………………………………………………………..of the defendant’s defence (or, of the defendant’s further defence).
Dated this …………………………………….day of ………………………….20 …………….
………………………………………………………………
Claimant(s)
FORM 15
Notice of Payment into Court
(0.21, r.1 (6))
In the High Court of Jigawa State
In the ……………………………………………………………………………………… Judicial Division
Suit No ……………………………..
Between:
A.B …………………………………………………………………………………………… Claimant
And
CD., E. F. and G. H ………………………………………………………………………… Defendants
Take notice that the defendant ………………………………………………………. has paid into Court N ………………………………………….. and says that ( ……………………………………… ) part of that sum is enough to satisfy the claimant’s claim for (N ……………………….) and the other part of that sum is enough to satisfy the claimant’s claim for( ………………………………………)
DATED the …………………………. day of…………………………… 20 …………………………..
………………………………………………………
P.O., Legal Practitioner for the defendant, CD.
To X. Y., the claimant’s Legal Practitioner, and to Mr. R. S. Legal Practitioner for the defendant E. F. To be filed in by the Cashier, High Court.
Received the above sum of.. ………………………..naira; ………………………………………………..kobo …………………………………….paid into court in this action
Dated the …………………………………..day of ……………………………………………….20 …………………….
FORM 16
Acceptance of Sum Paid into Court
(0. 21, r. 2(1))
In the High Court of Jigawa State
In the …………………………………………………………………….. .Judicial Division
Suit No ……………………….
Between:
A. B …………………………………………………………………………………… Claimant
And
CD., E.F and G. H ……………………………………………………………………. Defendants
Take notice that the claimant accepts the sum of N……………………………………………………………………………………….paid by the defendant (CD.) into court in satisfaction of the claim in respect of which it was paid in (and abandons his other claims in the action)
Dated the …………………………………. day of …………………………………………………. 20 ………………..
……………………………………………………
X. Y. Claimant’s Legal Practitioner
To
Mr. P. O. Legal Practitioner for the defendant CD. and Mr. R. S. Legal Practitioner for the defendant E.F.
FORM 17
Acceptance of Sum Paid into Court
By one of Several Defendants
(0.21, r.4(2))
In the High Court of Jigawa State
In the ……………………………………………………………………………. Judicial Division
Suit No ……………………..
Between:
A. B …………………………………………………………………………………Claimant
And
C. D. E.F., and G.H ……………………………………………………………..Defendants
Take notice that the claimant accepts the sum of N ……………………………………………………Paid by the defendant CD. into court in satisfaction of his claim against the defendant CD.
Dated the ………………………day of …………………………………… 20 …………………………..
……………………………………………
X.Y. Claimant’s Legal Practitioner
To
Mr. P.O., Legal Practitioner for the defendant CD., and Mr. R. S. Legal Practitioner for the defendant E.F.
FORM 18
Hearing Notice for Pre-Trial Conference
(0.25, r. 1)
In the High Court of Jigawa State
In the ……………………………………………………………Judicial Division
Suit No …………………………
Between
A. B …………………………………………………………….. Claimant
And
C.D ………………………………………………………………. Defendant
To (insert name of parties) …………………………………………………………………………………………………………………………………..
Take Notice that you are required to attend the Court No. ……………………………………….at the High Court of Jigawa State at the …………………………………………………………………………………Judicial Division, on the ……………………………. day of………………………. 20……………………….. at 9 o’clock in the forenoon, for a Pre-Trial Conference for the purposes set out hereunder:
1. (a) disposal of non-contentious matters which must or can be dealt with on interlocutory application;
(b) giving such directions as to the future course of the action as appear best adopted to secure its just, expeditious and economical disposal;
(c) promoting amicable settlement of the case or adoption of alter native dispute resolution.
2. Please answer the questions in the attached Pre-Trial Information Sheet (Form 19) on a separate sheet and submit 7 clear days before the above mentioned date.
Take Notice that if you do not attend in person or by Legal Practitioner at the time and place mentioned, such proceeding will be taken and such order will be made as the Judge may deem just and expedient.
Dated the ………………………………………..day of ……………………………..20 ……………………………..
Signed …………………………………………………….
Chief Registrar
FORM 19
Pre-Trial Information Sheet
(0.25, r. 1)
In the High Court of Jigawa State
In the …………………………………………………………….Judicial Division
Suit No . ……………………..
Between
B. B …………………………………………………………………………………………………………………. Claimant
And
C. D ………………………………………………………………………………………………………………….Defendant
This Pre-Trial Information Sheet is intended to include reference to all applications which the parties would wish to make at the Pre-Trial Conference. Applications not covered by the standard questions raised in this Pre-Trial Information Sheet should be entered under item 12 below.
All parties shall, not later than 7 days before the First Pre-Trial Conference, file and serve on all parties:
(a) all applications in respect of matters to be dealt with before trial including but not limited to the matters listed hereunder;
(b) written answers to the questions contained in this Pre-Trial Information Sheet.
1. Do you require that this action be consolidated with any other action(s)? If so give particulars.
2. Are amendments to any originating or other process required?
3. Are further and better particulars of any pleading required? If so, specify what particulars are required.
4. Do you object to any interrogatories that may have been delivered pursuant to Order 26 rule 1 of the High court (Civil Procedure) Rules? If so, state the grounds of such objection in compliance with Order 26 rule 4 of the Rules.
5. Do you object to producing any document in respect of which a request for discovery has been made pursuant to Order 26 Rule 8(1) of the High Court (Civil Procedure) Rules? If so, state the grounds of such objection in compliance with Order 26 rule 8(3) of the Rules.
6. If you intend to make any additional admissions, give details.
7. Will interpreters be required for any witness? If so, state in what language.
8. Is this a case in which the use of a single or joint expert might be suitable? If not state reasons.
9. Is there any way in which the court can assist the parties to resolve their dispute’ or particular issues in it without the need for a trial or full trial?
10. Have you considered some form of Alternative Dispute Resolution (ADR) procedure to resolve or narrow the dispute or particular issues in it? If yes state the steps that have been taken. If not, state reasons.
11. State any question or questions of law arising in your case, if any, which you require to be stated in the form of a special case for the opinion of the Judge in accordance with Order 28 of the Rules.
12. List the applications you wish to make at the Pre-Trial Conference.
DATED this ……………………………………….day of …………………………………………20 ……………………..
Signed: ……………………………………………….
(Legal Practitioner for the )
For service on:
FORM 20
Interrogatories
(0.26, r. 2)
In the High Court of Jigawa State
In the ……………………………………………………………………….Judicial Division
Suit No …………………………
Between:
A.B ……………………………………………………………………………. Claimant
And
CD., EF., and G. H …………………………………………………………………… Defendants
Interrogatories on behalf of the above-named (claimant or defendant CD.) for the examination of the above-named (defendants E F., and G.H. or claimant).
1. Did not, etc.
2. Has not, etc.
(The defendant EF. is required to answer the interrogatories numbered ……………………………………)
(The defendant G. H. is required to answer the interrogatories numbered ……………………..)
Dated the …………………………………….day of ……………………………..20 ……………………..
………………………………………………………………………..
Registrar
FORM 21
Answer to Interrogatories
(0.26, r. 6)
In the High Court of Jigawa State
In the …………………………………………………………………………………………. Judicial Division
Suit No ………………………………..
Between:
A.B …………………………………………………………………………………………….. Claimant
And
CD., E.F. and G.H …………………………………………………………………………….Defendants
The answer of the above-named defendant E.F., to the interrogatories for his examination by the above-named claimant.
In answer to the said interrogatories, I the above-named E.F. make oath and says as follows:
I, the above-named defendant E.F., do hereby solemnly swear by Almighty God that this is my name and handwriting and that the facts deposed by me in this affidavit are the truth, the whole truth and nothing but the truth.
Dated this……………………………… day of ……………………………………….20 ………………………….
Signed:………………………………………………………………………………….
(Legal Practitioner for the…………………………………………. )
FORM 22
Affidavit as to Documents
(0.26, r. 8(3))
In the High Court of Jigawa State
In the ………………………………………………………………………………. Judicial Division
Suit No ………………………….
Between:
A.B ……………………………………………………………………………………………………………… Claimant
And
C: D., E.F., and G. H ………………………………………………………………………………………… Defendants
I, the above-named defendant CD., make oath and say as follows
1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto.
2. I object to produce the said documents set forth in the second part of the said first schedule hereto (state grounds of objection).
3. I have had, but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto.
4. The last-mentioned documents were last in my possession or power on (state when, and what has become of them and in whose possession now are).
5. To the best of my knowledge, information and belief I have not now, and never had in my possession, custody or power, or in the possession, custody or power of my Legal Practitioner or agent, or agent in the possession, custody or power of any other persons or person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract any such document, or any other document whatsoever, relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the said first and second schedule hereto.
Dated at Jigawa this …………………day of…………………………………….. 20 …………………………………….
FORM 23
Form of order for Accounts and Inquiries
(0.27, r. 11)
In the High Court of Jigawa State
In the ………………………………………………………………Judicial Division
Suit No ……………………
Between:
A. B ……………………………………………………………….. Claimant
And
C. D., E. F., and G. H …………………………………………….Defendants
This Court doth order that the following accounts and inquiry be taken and made; that is to say.
1.
2.
3.
4.
And it is ordered that the following further inquiries and accounts be made and taken; that is to say,
5.
6.
7.
8.
And it is ordered that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised.
Dated this …………………………………………. day of ……………………………………………..20 ………………….
………………………………………………………………….
Judge
FORM 24
Legal Practitioner’s Undertaking as to Expenses
(0.32, r. 7(a))
(Heading as in Form No.1)
I (or we) hereby undertake to be responsible for all expenses incurred by the Ministry of Foreign Affairs in respect of the letter of request issued herein on the and on receiving due notification of the amount of such expenses undertake to pay the same as directed by the Chief Registrar of the High Court. .
The following have been appointed as agents for the parties in connection with the execution of the above letter of request:
Claimant’s Agent ………………………………………………………….of ……………………………………………….
Defendant’s Agent………………………………………………………… of …………………………………………………
DATED the …………………………………………………………………….day of …………………………………………….20 …………………….
……………………………………………………
Legal Practitioners for
…………………………………………………………….
……………………………………………………………..
FORM 25
Letter of Request to take Evidence Abroad
(Convention Country)
(0.32 r. 7(b))
To the Competent Judicial Authority of………………………………………………………………. in the ……………………………………………of …………………………………………………………………………………. Whereas a civil (commercial) action is now pending in the ……………………………………………….Judicial Division of the High Court of Jigawa State, Nigeria, in which ……………………………………………………..is the claimant and ……………………………………is the defendant.
And in the said action the claimant claims ………………………………………………………………………………………………….
And whereas it has been represented to the said court that it is necessary for the purpose of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is …………………………………………………………..of ……………………………………………………………………………………………………………………………….and ……………………………………. of…………………………………………………………………………………………………… and it appears that such witnesses are resident within your jurisdiction.
Now, I the Chief Judge of the High Court of Jigawa State, Nigeria, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said court, you will be pleased to summon the said witnesses (and such other witnesses as the agents of the said claimant and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined (upon the interrogatories which accompany this letter of request and viva voce) touching the said matters in question in the presence of the agents of the claimant and defendant or such of them as shall, on due notice. given, attend such examination.
And I further have the honour to request that you will permit the agents of both the said claimant and defendant or such of them as shall be present to be at liberty to examine (upon interrogatories and viva voce upon the subject-matter thereof or arising out of the answers thereto) such witnesses as may, after due notice in writing, be produced on their behalf, and give liberty to the other party to cross examine the said witnesses (upon cross-interrogatories and viva voce upon the subject-matter thereof or arising out of the answers thereto) such witnesses as may, after due notice in writing, be produced on their behalf, and give liberty to the other party to cross-examine the. said witnesses (upon cross interrogatories and viva voce) and the party producing the witness for examination liberty to re-examine him viva voce.
And I further have the honour to request that you will be pleased to cause (the answers of the said witnesses and all additional viva voce questions, whether on examination cross-examination or re-examination the evidence of such witnesses to be reduced into writing and all books, letters, papers, and documents produced upon such examination to be duly marked for identification, and that ‘you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same together with (the interrogatories and cross interrogatories, and) a note 01’ the charges and expenses payable in respect of the execution of this request, through the Ministry of Foreign Affairs from whom the name was received for transmission to the said High Court of Jigawa State:
And I further beg to request that you will cause me, or the agents of the parties if appointed, to be informed of the date and place where the examination is to take place.
DATED the ……………………………………………….day of ………………………………………20 ……………………
………………………………………………………………..
Judge
FORM 26
Order for Appointment of the Nigerian Diplomatic Agent
As Special Examiner (in Convention Country)
(0.32, r. 8)
(Heading as in Form No.1)
Upon hearing the Legal Practitioners on both sides and upon reading the affidavit of …………………………………….
It is ordered that the Nigerian Diplomatic Agent or his deputy at ……………………… be appointed as Special Examiner for the purpose of making the examination, cross-examination, and re-examination, viva voce, on oath or affirmation, of …………………………………… witnesses on the part of the……………………………. at ………………………………………… aforesaid. The examiner shall be at liberty to invite the attendance of the said witnesses and the production of documents, but shall not exercise any compulsory powers, otherwise such examination shall be taken in accordance with the Nigerian High Court Procedure. The ……………………………………………………………………….. Legal Practitioners to give to the ………………………………………………Legal Practitioners ……………………days notice in writing of the date on which they propose to send out this order to ………………………………………… for execution and that …………………………………………days after the service of such notice the Legal Practitioners for the claimants and defendants respectively do exchange the names of their parents at …………………………………………..to whom notice relating to the examination of the said witnesses may be sent. That………………………………….. days (exclusive of Sunday) prior to the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party unless such notice be dispensed with. That the depositions when taken together with any documents referred to therein or certified copies of documents, or of extracts there from, be transmitted by the examiner, under seal, to the Chief Registrar of the High Court, Jigawa State., Nigeria, on or before the …………………….day of ……………………. next, or such further or other day as may be ordered, there to be filed in the proper office. That either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. That the trial of this action be stayed until the filing of such depositions. that the costs of and incident to this application and such examination be costs in he action.
Dated this …………………………………………Day of ……………………………………..20 …………………….
…………………………………………………
Judge
Note:
If the Convention requires that the invitation or notice of the witnesses must expressly state that no compulsory powers may be used, this requirements must be complied with.
FORM 27
Forms of Praecipe
(0. 32, r. 20)
In the High Court of Jigawa State
In the …………………………………………………………………Judicial Division
Suit No: ……………………………………….
Between:
A. B ……………………………………………….., ……………………………. Claimant
And
CD. and others …………………………………………………………………..Defendants
Seal Writ of Subpoena ……………………………………….on behalf of the ……………………………………………
directed no ………………………………………………returnable.
DATED this ……………………………..day of …………………………………….20 .” …………………
(Signed) …………………………………………………….
(Address)
Legal Practitioner for the……………………………..
FORM 28
Subpoena ad Testificandum
(0. 32, r. 21)
In the High Court of Jigawa State
In the ………………………………………………………………….. Judicial Division
Suit No: ………………………………………….
Between:
………………………………………………………………………………. Claimant
And
…………………………………………………………………………………. Dependant
You are commanded in the name of the Governor of Jigawa State to attend before this Court at on ………………………………………….. the …………………………..day of ………………………………….20…………. at O’clock in the forenoon, and so from day to day till the above cause is tried, to give evidence on behalf of the ………………………………………………………………………………………………………
DATED this …………………………… day of …………………………..20 ……………………..
………………………………………………………
Judge
FORM 29
Habeas Corpus Ad Testificandum
(0. 32, r. 21)
In the High Court of Jigawa State
In the ………………………………………………………………………..Judicial Division
Suit No: …………………………….
Between:
……………………………………………………………………………….. Claimant
And
………………………………………………………………………………… Defendant
The Controller of Prison, at …………………………………………….
You are commanded in the name of the Governor of Jigawa State to have ………………………………………………………………………………………………………………………… , who it is said is detained in your custody in Prison, at …………………………………………..before the court at on the …………………………….day……………………………………… at ………………. O’clock in the forenoon, and so from day to day until the above action is tried, to give evidence in the above-named cause, and immediately after the said shall have so given his evidence you shall duly conduct him to the prison from which he shall have been brought.
DATED this …………………………day of ………………………………….20 ………………………….
……………………………………………………
Judge
FORM 30
Subpoena duces Tecum
(0.32, r. 21)
In the High Court of Jigawa State
In the ………………………………………………………………..Judicial Division
Suit No: …………………………………………
Between:
……………………………………………………………………………… Claimant
And
……………………………………………………………………………… Dependant
You are commanded in the name of the Governor of Jigawa State to attend before the Court at ………………………………………………on ……………………………………..the ………………………………day of …………………………………. 20 ……………………….. at the hours of …………………………. 0′ clock in the Forenoon, and so from day to day until the above cause is tried, to give evidence on behalf of the ……………………………………………………… and also to bring withyou and produce at the time and place aforesaid ………………………………………………………………………………………………………….. (Specify documents to be produced)
DATED this ……………………………..day of ……………………………….20 ……………………..
……………………………………………..
Judge
FORM 31
Form of Guarantee for the Acts and Defaults of a Receiver
(0. 38, r. 10)
In the High Court of Jigawa State
In the ……………………………………………………. Judicial Division
Suit No: …………………………………..
PARTIES
Re:……………………………………..v ………………………………………………….Guarantee for N…………………………………………..Annual premium N …………………………………………………………….
This guarantee is made the ………………………….. day of ………………………………..20 ……………….
Between (XYZ) of …………………………………………….(hereinafter called “the Receiver”) of ………………………………. the first part, the above named ……………………………………………………………the registered office of which is at ………………………………………. in ……………………………………………………………..(hereinafter called “the surety”) of the second part. And ……………………………………………………………………..The Governor of Jigawa State. By an Order of the High Court of Jigawa State ………………………………………………………….Judicial Division dated the ……………………….. day of ………………………………. 20 …………………….. and made in the above.
Mentioned action the Receiver has been appointed to receive (and manage) (follow words of the order). And it was ordered that the Receiver should give security to the satisfaction of the Judge on or before the ……………………………….day of……………………………………….. 20 ……………………
And whereas the Surety has agreed at the request of the Receiver to issue this guarantee in consideration of the annual premium above mentioned (the first payment of which the surety hereby acknowledges) which guarantee has been accepted by the Judge as a proper security pursuant to the said order in testimony whereof one of the Registrars of the High Court, has signed an allowance in the margin hereof.
Now this guarantee witnesses as follows
1. The Receiver and the Surety hereby jointly and severally covenant with the Governor of Jigawa State and his successors that the receiver shall and will from time to time duly account for what he has already received since the date of the said order appointing him and shall hereafter receive or for what since the date of the said order appointing him he has or shall hereafter be or become liable to pay or account for as such receiver(and manager) as aforesaid including as well every sum of money or other property so received during the period for which he has been appointed as also every sum of money or other property so received in respect of anyextended period for which he may be appointed and shall and will pay or deliver every such sum or property as the court or a judge thereof may direct.
2. Provided always that it is hereby mutually agreed as follows
a) If the Receiver shall not for every successive twelve months to be computed from the date of his appointment as such receiver as aforesaid or within fifteen days after the expiration of such twelve months pay at the office of the Surety the annual premium or sum of N………………………………………………………………….then the Surety shall be at liberty to apply by summons in the said action to be relieved from all further liability as such surety under this guarantee save and except in respect of any damage or loss occasioned by any act or default of the receiver in relation to his duties as such receiver (and manager) prior to the hearing and determination of such summons.
b) A statement under the hand of any Registrar of the High Court of Jigawa State of the amount which the Receiver is liable to pay and has not paid under this guarantee and that the loss or damage has been incurred through the act or default of the Receiver shall be conclusive evidence in any action or information by the Governor of Jigawa State against the Receiver and Surety or either of them or by the Surety against the Receiver of the truth of the contents of such statement and shall constitute a binding charge not only against the Receiver and his personal representatives but also against the Surety and his funds and property without being necessary for the Governor of Jigawa State to take any legal or other proceedings against the receiver for the recovery thereof and without any further or other proof being given in that behalf in any action to enforce this guarantee.
c) The liability of the Surety under this guarantee is limited to the sum of N ……………………………………..Provided nevertheless that a Registrar of the High Court may by his signature to the indorsement on this guarantee (in the form printed thereon) reduce the said liability of the Surety still further or (but only with the consent of the Surety by an instrument in writing duly executed) increase such liability as may be necessary and upon such indorsement this guarantee shall continue in full force but in that case the premium shallbe correspondingly reduced or increased.
3. It is hereby further agreed between the Receiver and the Surety as follows
(a) The Receiver will on being discharged from his office on ceasing to act as such receiver (and manager) as aforesaid forthwith give written notice thereof to the Surety by registered post and also within 7 days of such notice furnish to the surety free of charge an office copy of the order if any of the Judge discharging him;
(b) The Receiver and his personal representatives shall and will at all times hereafter indemnify the Surety and its property and funds against all loss, damage, costs and expenses which the Surety or its funds or property mayor might otherwise sustain by reason of the Surety having executed this guarantee at his request.
In witness whereof the Receiver has here under set his hand and seal and the surety has caused its Common Seal to be affixed the ……………………….day of……………………20 ………………….In the matter of…………………………….. Increased Liability.
To be attached by way of Indorsement to Guarantee.
The liability of the Surety under the within written guarantee has with the consent of the receiver and the Surety been increased from N…………………………………… to N ………………………………….. in respect of any acts or omissions to which the within written guarantee relates committed by the Receiver subsequent to the date hereof the total liability of the Surety in respect of both the within written guarantee limited to the increased sum above stated.
Sealed with the seal of the receiver and also the Common Seal of the Surety this …………………. day of ………………………..20 …………………………..as evidence of such increased liability and the admission thereof by the Receiver and the Surety respectively.
Signed, sealed and delivered by the Receiver in the presence of: …………………………………………………………………
The Common Seal of the Surety was
hereunto affixed in the presence of: ………………………………………………………………
FORM 32
Receiver’s Security by Undertaking
(0. 38, r. 10)
In the High Court of Jigawa State
In the ……………………………………………………………Judicial Division
Suit No: …………………………………………..
PARTIES
Re: ……………………………………………………………………..v …………………………………………………..
I, ………………………………………………………………..of ………………………………………………the Receiver (and manager) appointed by order dated ………………………………………………………………………..or proposed to be appointed) in this action hereby undertake with the court to duly account for all moneys and property received by me as such Receiver (or Manager) or for which I may be held liable and to pay the balances from time to time found from me and to deliver any property received by me as such Receiver (or Manager) at such times in such manner in all respects as the court or a Judge shall direct.
And we,…………………………………………………………………………………………………….. , Hereby jointly and severally (in the use of guarantee or other Company strike out “jointly and severally”) undertake with the Court to be answerable for any default by the said……………………………….. as such receiver (or manager) and upon such default to pay to any person or persons or otherwise as the Court or a Judge shall direct any sum or sums not exceeding in the whole N ………………………………………..That may from time to time be certified by a Registrar of the High Court to be due from the said receiver and we submit to the jurisdiction of the Court in this action to determine any claim made under this undertaking.
DATED this ………………………………….day of………………………………. 20 ……………………..
Signatures of Receiver and his surety or sureties. In the case of surety being a guarantee or other company, it must be sealed or otherwise duly executed.
Receiver’s Account (0. 38 r. 13)
(TITLE)
Suit No: of 20……………………………………….
To accord
with the order
The (……………………………………………………) account of A. B., the receiver appointed In this cause (or, pursuant order made in this cause, dated the ……………………………………………………………………………………. day of ………………………………………………………………..), to receive the rents and profits of real estate, and to collect and get in the outstanding personal estate of C.D., the testator (or, intestate this cause named, from the ………………………………………….day of ……………………………………..
REAL ESTATE – RECEIPTS
| No of Items | Date when Receive | Tenant’s Name | Description of premises | Annual Rent | Arrears Due At…………. | Amount Due At…………. | Amount Receive | Arrears remaining due | Observation | |
| N | N | N | N | N |
PAYMENTS AND ALLOWANCES ON ACCOUNT OF REAL ESTATE
| No. of Item | Date of Payment or allowance | Names of persons to whom paid or allowed | For what purpose paid or allowed | Amount N | |
| One year’s insurance of due…………… Bill for repairs at house let to …………. Allowance for a half-year’s Income Tax, due …………….. Total Payments …………… : N |
RECEIPT ON ACCOUNT OF PERSONAL ESTATE PAYMENT AND ALLOWANCES ON PERSONAL ESTATE
ACCOUNT
| No.of Item | Date when Receive | Names of persons from whom received | On what account received | Amount received | No. of item | Date when paid or allowed | Names of persons to whom paid or allowed | for what purpose paid or allowed | Amount paid or allowed |
SUMMARY
Amount of balance due from receiver on account of real estate on least account .. .. .. N N
Amount of receipts on the above account of real estate .. .. .. .. .. ..
Balance of last account paid into court .. .. .. .. .. .. .. ..
Amount of payments and allowances on the above account of real estate .. .. .. ..
Amount of Receiver’s costs of passing this account as to real estate .. .. .. .. .. .. .. .. N
Balance due from the Receiver on account of real estate .. .. .. .. .. ..
Amount of balance due from Receiver on last account of personal estate .. .. .. ..
Amount of receipts on the above of personal estate .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..N
Balance of last account paid into court .. .. .. .. .. .. ..
Amount of payments and allowances on the above account of personal estate .. .. ..
Amount of Receiver’s costs of passing this account as to personal estate .. .. .. ..
Balance due from the receiver on account of personal estate .. .. .. .. .. .. .. .. .. .. .. .. N===
FORM 34
Affidavit Verifying Receiver’s Account
(0. 38, r. 14)
In the High Court of Jigawa State
In the …………………………………………, Judicial Division Jigawa, Nigeria
Suit No: …………………………….
Between:
A. B ………………………………………………………………………………………. Claimant
And
C. D. and E. F …………………………………………………………………………….Defendants
I, …………………………………………………….of …………………………………………………., the Receiver
appointed …………………………………………………………………………in this cause, make oath and say as follows
1. The document now shown to me marked A is, as it purports to be specified.
2. …………………………………………….. and ………………………………………..my Sureties named in the guarantee (or undertaking) dated …………………………………….. 20 ………………….are both alive and neither of them has become bankrupt or insolvent.
3. The ……………………………………………Co. Ltd., my surety named in the ……………………………………………………………..
Guarantee (or undertaking) dated …………………………………………..20 …………………………………………is still carrying on business and no petition or other proceeding for its winding-up is pending.
Additional paragraphs as to wages and petty cash are sometimes necessary.
Dated this ……………………………………day of ………………………………20 ………………
Signed ……………………………
Receiver
FORM 35
Certificate of the Chief Registrar
(0.41, r. 9(1))
(Heading as in form 1)
PARTIES
Pursuant to the directions given to me by Hon, Justice ………………………………………………………………………… I hereby certify that the result of the accounts and inquiries which have been taken and made in pursuance of the judgment for order), in this cause dated the ………………………………………………………………. day of……………………………… is as follows:
1. The defendants…………………………………………………………… of………………………………………………………. Have received the amount of N ……………………………………………………………………………………………………and they have paid, or are entitled to be allowed an account thereof, sums to the amount of N…………………………………………….. leaving a balance due from (or to), them of N ………………………………………………..on that account.
2. The particulars of the above receipts and payments appear in the account marked ……………………………………verified by the affidavit of …………………………………..filed on the ……………………………..day of …………………………………… And which account is to be filed with this certificate, except that in addition to the sums appearing on such account to have been received, the said defendants are charged with the following sums (state the same here or in a schedule), and except that I have disallowed the items of disbursement in the said account numbered ………………………………..and …………………………….(or in cases where a transcript has been made.)
3. The defendants have brought in an account verified by the affidavit of…………………….. filed on the …………………………………..day of ……………………..and which account is marked ……………………………………………….and is to be filed with this certificate. The account marked ………………………………………………………………..and, which is also to be filed with this certificate, is a transcript of the account as altered and passed.
N.B.
The above numbers are to correspond with the number in the order after each statement: the evidence produced is to be stated as follows The evidence produced on this account (or, inquiry) consists of the following document …………………………………..filed on ……………………………..day of………………………………….20 ………………………..of the affidavit of CD., filed …………………………………….
Dated this ……………………………..Day of …………………………..20 ………………….
…………………………………………
Chief Registrar
FORM 36
Regulations regarding fees
(0.45,r.12)
1. No process shall, except by special order of Court, be issued until:-
(a) all fees payable thereon as provided shall have been paid, and
(b) an account thereof, initialled as received shall have been set forth by the officer issuing the process both in the margin and in the counterfoil thereof.\
2. All such fees shall be carried to account immediately the process is issued.
3. Every document, for or in respect of which any fee or fees shall have been paid, shall bear an indorsement initiated by the registrar or other officer showing the amount of the fee or fees so paid and the number of the receipt referring to the payment, provided that when any form of process specified the fees thereof, it shall be sufficient for the registrar or other officer to initial the amount of such fees appearing thereon, and to quote the number of the receipt.
4. Every registrar or other officer submitting any writ of summons or other process whatever for signature by a Judge shall at the same time produce the stamp of the receipt given for the fees of such process.
5. No document in respect whereof a fee is payable shall be used in any legal proceeding, unless it shall have been initialled as aforesaid by the registrar or other officer or unless the Court shall be at same time produce the stamp of the receipt given for the fees of such process.
6. All fees for service, execution and mileage shall be paid into revenue.
7. No hearing fee or other fee shall be returned, except upon a voucher, payable at the Treasury, in favour of the party entitled to receive the same and prepared at the direction of the Judge before whom the cause or matter is set down and comes on for hearing.
FORM 37
Order for Payment of Principal Money or
Interest secured by Mortgage or charge
(0.51, r. 2)
(Heading as in form 1)
It is ordered that the claimant do recover against the defendant N …………………………………………………………………………… Secured by a mortgage (or charge) dated this ………………………………day of …………………………20 ………………………………. being the total of the principal sum of N and N ……………………………………………………….for interest thereon at N ……………………………………………. per cent, per annum less tax to the ………………………………………………………… day of (date of order) and N ………………………………………………form costs (or his costs of the summons to be taxed).
And it is ordered that upon the defendant paying to the claimant the moneys ordered be recovered and all other moneys (if any) secured to the claimant by the said mortgage power of sale for the time being vested in him) do release to the defendant the security (or to Charge) the claimant (subject and without prejudice to the due exercise of any constituted by the said mortgage (or charge).
And it is ordered that all parties be at liberty to apply to the Court as they may be advised
Dated this …………………………………….. day of ……………………… 20 ……………..
………………………………………
Judge
FORM 38
Order for Possession of Property forming a security for payment
to the Claimant of any principal Money or Interest.
(0. 51, r. 2)
(Heading as in Form 1)
It is ordered that the defendant do give the claimant possession on or before the……………………………………….. day of ……………….20 ……………………of the land hereinafter described and comprised in a mortgage (or charge) dated the ………………..day of …………………………………………, 20…….. that is to say (description of the property).
And it is ordered that the claimant do recover against the defendant the sum of N ……………………………………………..for costs (or his cost of this summons to be taxed).
And it is ordered that upon the defendant paying to the claimant the moneys remaining due to the claimant upon the security of the said mortgage (or charge) the, claimant (subject and without prejudice to the due exercise of any power of sale for the time being vested in him) do re-deliver to the defendant possession of the property subject to the said mortgage (or charge) and release to the defendant the security constituted by the said mortgage (or charge).
And it is ordered that all parties be at liberty to apply to the Court as they may be advised.
Dated this ……………………………….day of …………………………..20 …………………
……………………………………………
Judge
FORM 39
Order for payment of Principal Money or Interest Secured by Mortgage
or charge and for Possession of Property comprised therein
(0.51, r. 2)
(Heading as in Form 1)
It is ordered that the claimant do recover against the defendant N …………………………………………………….. secured by a mortgage (or charge) dated the day of ……………………………………………….20 …………………………….(Being the total of the Principal sum of N ……………………………………and N …………………………………..for interest thereon at N …………………………………………per cent per annum less tax to the ……………………………………………………. day of (date of order), and N …………………………………………for costs (or his costs of this summons to be taxed).
And it is ordered that the defendant do give the claimant possession on or before the ………………………….day of……………20……….. of the land hereinafter described and comprised in the said mortgage (or charge) that is to say ………………………. (description of the property).
And it is ordered that upon the defendant paying to the claimant the moneys hereby ordered to be recovered and all other moneys (if any) secured to the claimant by the said mortgage (or charge) the claimant (subject and without prejudice to the due exercise of any power of sale for the time being vested in him) do re-deliver to the defendant possession of the property subject to the said mortgage (or charge) and release to the defendant the security constituted by the said mortgage (or charge).
And it is ordered that all parties be at liberty to apply to the Court as they may be advised.
Dated this ………………………………………..day of ………………………..20 ………………..
………………………………………………………
Judge
FORM 40
Surety’s Guarantee
(0. 53, R. 35(3))
In the High Court of ……………………………………………………….. State
Probate Registry Suit No: ‘ …………………………………
In the Estate of ……………………………………………………………………………………..deceased
Whereas …………………………………………………………………………. of………………………………………………………………. Died
on the …………………………………….. day of ………………………………. 20 ……………………………and ………………………… (and ……………………………………………………………………………..) (hereinafter called “the Administrators” is/are the intended administrator(s) of this estate.
Now therefore
1. I/WE ……………………………………………………………. of ………………………………………………………………………………….(and …………………………………………. of……………………………………………………………………………………………………………………… and ………………………………………………………….. of ……………………………………………………….. hereby (jointly and severally) guarantee that I/WE will, when lawfully required to do so, make good any loss which any person interested in the administration of the estate of the decreased may suffer in consequence of the breach by the administrator(s) of his/her/their duty
(a) to collect and get in the estate of the deceased and administer it according to law;
(b) when required to do so by the Court to exhibit on oath in the Court a full inventory of the estate and when so required, to render an account of the estate; or
(c) when so required by the Court, to deliver up the grant to the Court.
2. The giving of time to the administrator(s) or any other forbearance or indulgence shall not in any way affect my/our liability under this guarantee.
3. The liability under this guarantee shall be continuing and shall be for the whole amount of the loss mentioned in paragraph 1 above, but (my) (our) (aggregate) total liability shall not in any event exceed the sum of N …………………………………………………………..
Dated this ……………………………….. day of …………………………………………….. 20 …………………………Signed, sealed and delivered by the above named in the presence of………………………………………………………………………………………………………………………… a Commissioner for Oaths. (or other person authorized by law to administer an oath)
(The Common Seal of ……………………………………………………..was hereunto affixed in the presence of…………………………………..)
FORM 41
Surety’s Guarantee on Application for resealing
(0.53, r. 69(3)(c))
In the High Court ………………………………………………………………………….. State Probate Registry
Suit No: …………………………..
In the Estate of …………………………………………………………………..deceased.
Whereas …………………………………………………………………………of …………………………………………….died on the………………… day of …………………………………………………20…………………………………. , and letters of……………………………………administration of his estate were on the day of………………………………… 20……………………….. granted by the ………………………………………………………………to …………………………….(and ………………………….) and are about to be sealed in ………………………………………………….the State under the Succession Law:
Now therefore
1. I/WE, of ……………………………………………….., (and ………………………………………of ……………………………………………….and ………………………………….. of …………………………………………………….hereby (jointly and severally) guarantee that I/WE will, when lawfully required to do so, make good any loss which any person interested in the administration of the estate of the deceased in the State may suffer in consequence of the breach by the administrator(s) of his/her/their duty
(a) to collect and get in the estate of the deceased which is situated in the State and administer it according to law;
(b) when required to do so by the Court, to exhibit on oath in the Court a full inventory of the estate which is situated in the State and when so required, to render an account of the estate; or
2. The giving of time to the administrator(s) or any other forbearance or indulgence shall not in any way affect my/our liability under this guarantee.
3. The liability under this guarantee shall be continuing and shall be for the whole amount of the loss mentioned in paragraph 1 above, but (my) (our) (aggregate) total liability shall not in any event exceed the sum of N ………………………………………
Dated this ……………………………………………day of …………………………….20 …………………….
Signed, sealed and delivered by the above named in the presence of …………………………………..a Commissioner for Oaths. (or other person authorised by law to administer an oath)
(The Common Seal of …………………………………was hereunto affixed in the presence of …………………………………………………….)
FORM 42
Caveat
(0.53, r. 71 (3), (4)
In the High Court of ……………………………………………………….State Probate Registry
Suit No: …………………………..
In the estate of …………………………………………………………………deceased
Let no grant be sealed in the Estate of………………………………………………………………………………………………………. Late of who died on the ………………………………………………………day of ……………………………………………….. 20 …………………………………………..without notice to ………………………………………………………..
DATED this…………………………………………….. day of ………………………………20……………………..
I (Signed) ………………………………………………………………………legal practitioner for the said caveator whose address for service is ……………………………………………………………..
FORM 43
Warning to Caveator
(0. 53, r. 71 (8))
The Probate Registry
Suit No: ………………………………..
To: …………………………………………………………………of …………………………………………………………………………. a party who has entered a caveat in the estate of …………………………………………….deceased.
You are hereby warned within 8 days after service hereof upon you, inclusive of the day of such service
1. To enter an appearance either in person or by your Legal Practitioner at the Probate Registry:……………………………………….setting forth what interest you have in the estate of the above named …………………………………late of ……………………………………deceased, contrary to that of the party at whose instance this warning is issued; or
2. If you have no contrary interest but wish to show cause against the sealing of a grant to such party to issue and serve a summons for direction by the registrar of the said registry.
And take notice that in default of your so doing the Court may proceed to issue a grant of probate or administration in the said estate notwithstanding your caveat.
DATED this ……………………………………………..day of ……………………………..20 …………………..
……………………………………………….
Registrar
Issued at the instance of (Here set out the name and interest including the date of the will, if any under which the interest arose) the party warning, the name of his Legal Practitioner and the address for service. If the party warning is acting in person, this must be stated.
FORM 44
Appearance to Warning of Citation
(0.53, r. 71(10))
In the High Court of ……………………………….. :………………………………………..
The Probate Registry
Suit No: …………………………….
In the estate of ………………………………………………………………deceased
Caveat No ………………………..::……………………………. dated the……………………. day of……………………………….. 20 ……………
Full name and address of person warning (or Citor): ………………………………………………………………………….. ,
Interest of person warning (or Citor): ……………………………………………………………………………………………………………………
Full name and address of Caveator (or person Cited) ……………………………………………………………………………………………….
Date of Will: ……………………………………………………………………………………………………………………………….
Interest of Caveator: …………………………………………………….
Enter an appearance for the above named caveator (or person cited) in this matter.
DATED this …………………………day of …………………………20 …………………
………………………………………………………………
“Legal Practitioner” or (“In person”)
FORM 45
Notice of Election to redeem life Interest
(0.53, R. 82 (1))
In the High Court of ………………………………..State
Probate Registry Suit No: ……………………………….
In the Estate of ……………………………………………………..deceased.
Whereas ……………………………………..of ………………………………..day of ………………..20 ……………………………………………… wholly/partially intestate leaving his/her lawful wife/husband and………………………. …………………………… lawful issue of the said
And whereas Probate/Letters of Administration of the Estate of the said………………………….
And whereas Probate/Letters of Administration of the Estate of the said ……………………….. were granted to me, the said (and to ………………….. of ………………………………………………………………) And whereas (the said has ceased to be a personal representative because …………………………………………….) and I am now the sole personal representative:
Now, I, the said ………………………………………………………………………………hereby give notice that I……………………… elect to redeem the life interest to which I am entitled in the estate of the ………………………………..late ……………………………………….by retaining N……………………………………………… its capital value, and N ……………………………, the cost of the transaction.
DATED this………………………………………….day of…………………………..20…………………………
(Signed) ……………………………….
(To the Probate Registrar)
FORM 46
Originating Summons for Possession
(0. 54, r.2)
In the High Court of Jigawa State
In the ………………………………………………………………………….Judicial Division
Suit No ………………………….
Between:
A,B ………………………………… …………………………………………………..Claimant
And
CD., E.F. and G. H ………………………………………………………………………Defendants
(if any) whose name is known to the Claimant
To (CD. and) every (other) person in occupation of ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………at High Court of the …………………………………….. Judicial Division, Jigawa State on …………………………, the …………………………………………..day of…………………. 20 …………………at ………………..9 O’clock in the forenoon for the hearing of an application by AB for an order that he do recover possession of……………. on the ground that he is entitled to possession and that the person(s) in occupation is (are) in occupation without his licence or consent.
Dated this…………………………………………day of ………………………………….20…………..
This Summons was taken out by………………………………………………………………………… of ……………………………Legal Practitioner for the said Claimant whose address is ………………………………………………………………………………………….. (or this Summons was taken out by…………………………………………………………..of For ……………………………………………. of ………………………………………………………………………..Legal Practitioner for the said claimant whose address is ………………… ) (or when the Claimant acts in person).
This Summons was taken out by the said Claimant who resides at………………………………………………… and is (state occupation) and (if the claimant does not reside within the jurisdiction) whose address for service is…………………………………………………………
Note:
Any person occupying the premises who is not named as a defendant by this Summons may apply to the Court personally or by Legal Practitioner to be joined as Defendant. If a person occupying the premises does not attend personally or by Legal Practitioner at the time and place above-mentioned, such order will be made as the Court may think just and expedient.
Dated this …………………………………Day of ……………………………20 ……………………….
………………………………………………..
Registrar
FORM 47
Order for Possession
(O.54,r.6(1))
(Heading as in Form 1)
Upon hearing ……………………………………………………………………………………………………..and upon reading the affidavit of ……………………………………………………………………………………………… Filed on the day of 20………………………………… it is ordered that the Claimant AS. Do recover possession of the land described in the Originating Summons as (and the defendant …………………………………….. do give possession of the said land on )……………………………………. (and that the defendant ……………………………………………. do pay the Claimant N ……………………………………..Costs (or costs to be taxed).
(The above costs have been taxed and allowed at N……………………………………………………………………..as appears by a taxing Officer’s certificate dated …………………………………day …………………..20………………………. )
DATED the ………………………day of …………………………….20 ……………………
…………………………………………………………
Judge
FORM 48
Appearance to Warning/Citation
(0. 53, r. 72 (7))
In the High Court of …………………………………………..State
The Probate Registry
Suit No ……………………………………………………
Caveat No. ………………………………… dated the ………………………….day of …………………….20 ……………..
Full name and address of person warning (or Citor): …………………………………………………….. Interest of person warning (or Citor):
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… Full name and address of Caveator (or person Cited) ……………………………………………………………………………………………………………. Date of Will:
……………………………………………………………..
Interest of Caveator: ……………………………………………………………………………………………………………………………………………
Enter an appearance for the above named caveator (person cited) in this matter.
DATED this ……………………………………..day of …………………………….20……………..
…………………………………………………………………..
Legal Practitioner or (“In person”)
Made at Dutse this ………………………………………..Day of ……………………………….2008
Hon. Justice Abubakar
Hon Chief Jugde
Jigawa State of Nigeria