KOGI STATE HIGH COURT (CIVIL PROCEDURE) RULES (FORMS)

Law Compass FORMS

HIGH COURT OF KOGI STATE

(CIVIL PROCEDURE) RULES 2006

FORM 1

(Order 2, rule 3)

General Form of Writ of Summons

Suit No……………………………………………………

[Here put the letter and number (see note (a) following this form].
In the High Court of Kogi State
In the…………………………………………………………… Judicial Division


Between:


A. B. …………………………………………………………………….. Claimant


and


C. D ……………………………………………………………………… Defendant

To C. D. of …………………………… in the of ……………………………………


You are hereby commanded that within 30 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 of A. B. and take notice that in default of your so doing the claimant 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 date of such date and not afterwards.


The defendant may enter appearance personally or by legal practitioner either by handing 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.


Endorsement to be made on the Writ before issue thereof.


The Claimant’s claim is for, ……………………………………


This Writ was issued by G. H. of ……………….. whose address for service is …………, agent for ……………… of …………. Legal Practitioner for the said plaintiff 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)


Endorsement 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 …………….
Endorsed 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 probate action, “In the Estate of A.B., deceased.” A Writ of Summons claiming administration of a trust or settlement may be instituted “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 what capacity the claimant sues or the defendant is sued. If the claim is for a debt or liquidated demand only, the endorsement, even though not special, must strictly comply with the provisions of Order 5 rule 4.


(c) Address for service:- 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 ” …………………. claimant’s 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 II Cap C20 of the Companies and Allied Matters Act, 2004 the claimants’ address should run thus; ” …………………………….claimants who are a foreign corporation within the meaning of the Companiesand Allied Matters Act, 2004. The registered name and address of the person to be served are (here add registered name and address).


(e) Endorsement of service – See Order 7 rule 13.


(f) Probate Actions – In these actions the endorsement of claim must show the nature of the claimant’s interest under which he claims (Order 5 rule 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 Kogi 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 …………………..

……………………………..

Registrar

FORM 2

(Order 2, rule 4)

Writ for Service out of the Jurisdiction.


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) 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 Kogi State in an action at the Suit of A. B.; and take notice, that in default of your so doing the claimant 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 date of such date, and not afterwards.


The defendant (or defendants) may appear hereto by entering appearance (or appearance) 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)


Endorsement 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 Order 2 rule 3, including a claim for cost.

See also notes to Form No.1, supra.

FORM 3

(Order 2, rule 8)

General Form of Originating Summons.


In the High Court of Kogi State


In the ……………………………………………. Judicial Division

Suit No ………………………………………….

(If the question to be determined arises in the administration of an estate or a trust entitle it “In the matter of the estate or trust”)

Between:

A. B. ……………………………………………………………………………..Claimant

and

C. D. and E. F ………………………………………………………………. Defendants


Let ………………………………………..of ………………………..in within eight days after service of this Summons on him, inclusive of the day of such service, cause an appearance to be entered for him to this Summons which is issued upon the application of …………. of
………………………………….. who claims (state the nature of the claim), for the determination of the following questions:
(State the questions).


DATED this …………………………….. day of ……………………………. 20 ……………………..

This Summons was taken out by …………………………….. Legal Practitioner for the above named ………………………………

FORM 4

(Order 2, rule 8)

Originating Summons

Suit No …………………………………….


In the High Court of Kogi State


In the ………………………………………….Judicial Division


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 of Kogi State 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 enforce award under the Arbitration and Conciliation Act, add, “”And that the respondent do pay
the cost of this application to be taxed”.


DATED this ……………………………………… day of ………………………… 20 ………………..


This Summons ……………………….. was taken out by ……………………………….


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

(Order 2, rule 8)

Form of Ex-Parte Originating Summons


In the High Court of Kogi 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 of Kogi 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 C. D., his guardian, that (State relief sought).


This Summons was taken out by ……………………………… of …………………………………. agents for of

…………………………………… Legal Practitioner for the applicant.

FORM 6

(Order 6, rule 6(2))

Form of Memorandum For Renewed Originating Process

(Title as in Form No.1)


Seal renewed originating process in this action endorsed as follows:


(Copy original originating process).


The originating process renewed.


On the ………………………………….. day of …………………………………………..20 ………………………..


Pursuant to order of Court made the ………………………………………… day of

……………….. 20 …………………………….for 3 months.

…………………….

Registrar

FORM 7

(Order 8, rule 3(1)(a))

Request to Minister of Foreign Affairs to Transmit

Notice of Writ to Foreign Government.

(Title as in Form No. 4)

The Chief Judge of Kogi State presents his compliments to the Minister of Foreign Affairs and encloses herewith, a Notice of Writ of Summons issued in an action of ……………………………. versus …………………………………………. Pursuant to Order out of the
………………………….. Judicial Division of the High Court of Kogi 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 whom proceedings have been taken in the ……………………………. Judicial Division of the High Court of Kogi 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 Kogi State or declared upon Oath or otherwise, in such manner as is consistent with the usage or practice of the Court 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 Kogi State.

FORM 8

(Order 8, rule 3(1)(b))

Praecipe Request For Service Abroad


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 Permanent-Secretary of the Ministry of Foreign Affairs.

FORM 9

(Order 8, rule 3(1)(d))

Letter Forwarding Request For Substituted Service

The Chief Judge of Kogi 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 Kogi 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 Kogi 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.

FORM 10

(Order 8, rule 4(1)(a))

Request For Service Abroad

(Title as in Form No.1)

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……………….

…………………………………………

Legal Practitioner

FORM 11

(Order 12, rule 12)

Receiver’s Security by Undertaking


In the High Court of Kogi State
In the …………………………………………………….. Judicial Division

Suit No……………………………………………………

Between:

Re: ……………………………………… Versus …………………………..


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 ……………………

…………                          ……….

Receiver                       Surety


In the ease of a surety being a company, it must be sealed or otherwise duly executed.

FORM 12

(Order 12, rule 12)

Form of Guarantee For The Acts and Defaults of a Receiver.


In the High Court of Kogi State


In the ……………………………………………………. Judicial Division

Suit No …………………………………………………

Between:
Re: …………………………………………………………….. Versus ………………………………………
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 Kogi State.


By an order of the High Court of Kogi 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 thereof.

NOW this Guarantee witnesses as follows:

1. The Receiver and the Surety hereby jointly and severally covenant with the Governor of Kogi State that the Receiver shall duly account for all moneys or property he has received as such Receiver (and Manager) at such times and in such manner in all respects as the court 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 Kogi 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 Kogi 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 Kogi 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 endorsement 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 endorsement this Guarantee shall continue in full force but in that case the premium shall be 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 or 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 hereunder 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 Endorsement to Guarantee.


The liability of the Surety under the within 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 and his endorsement being 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 13

(Order 12, rule 15)

Receiver’s Account

High Court of Kogi State (Civil Procedure) Rules 2006


Suit No: …………………………………………………………………………………….. of 20 ……………………………………………………………
The ………………………………………………………………. account of A.B., the receiver appointed in this cause (or, pursuant to an order
made in this cause, dated the …………………………………. day of ………………………………………) to receiver the rents and profits of the real estate, and to collect and get in the outstanding personal estate of C. D., the testator (or, intestate) in this cause named, from the …………………………………………………. day of ………………………………………………………….

REAL ESTATE – RECEIPTS
No. of ItemDate when ReceivedTenant’s NameDescription of PremisesAnnual RentArrears Due At………….Amount Due At …………Amount ReceivedArrears remaining DueObservations
                        
PAYMENTS AND ALLOWANCES ON ACCOUNT OF REAL ESTATE
No.of ItemDate of payment of allowanceNames of persons to whom paid or allowedFor what purposed paid or allowedAmount
1.   2.   3.  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 / PAYMENTS AND ALLOWANCES ON PERSONAL ESTATE
No. of ItemDate when receivedNames of persons from whom receivedOn what Account ReceivedAmount ReceivedNo of ItemDated when paid or allowedNames of persons to whom paid or allowedFor what purpose paid or allowedAmount paid or allowed
                            

SUMMARY N K

Amount of balance due from Receiver on account of real estate on last account – –
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 ………………………………………………. – –


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 account of personal Estate …………………………………………………………… – –


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 ……………………………………………………….. – –

FORM 14

(Order 12, rule 16)

Affidavit Verifying Receiver’s Account


In the High Court of Kogi State


In the ………………………………………. Judicial Division

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.

FORM 15

(Order 16, rule 1(1))

Memorandum of Appearance


In the High Court of Kogi State


In the ………………………………………………… Judicial Division

Suit No……………………………………………….

Between:

……………………………………………………………………. Claimant(s)

and

……………………………………………………………………. Defendant(s)

Please enter an appearance for 1(a) ………………………………………………………………………………………………………..sued as 1b……………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………

in this action.


DATED this ………………………………. day of ……………………………… 20 ……………


Signed ……………………………………..


Whose address for service is ……………………………………………………………………..

…………………………………………………………………………………………………………..


N.B:


Additional notes for the guidance of defendants seeking to enter an appearance are given on the back. Please read carefully.

Notes:
1(a) A defendant appearing in person must give his residence or some other place within the judicial Division of Kogi State to which communications for him should be sent. Where he appears by a legal practitioner, the Legal Practitioner’s place of business.
1(b) The defendant must give his or her full name.
1(c) Give name by which the defendant is described in the writ if it differs from defendant’s full name, otherwise delete words “sued as”.
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 admit the claimant’s claim, the entry of appearance will delay judgment and may increase the cost payable by the defendant.
7. Acknowledgement of service shall be as follows:-
I, ……………………………………………… acknowledge that on the ……………….. day of ………………………………. 20 ………….. at (time and place) received the following documents:
(a) ………………………………………………………………………….
(b) ………………………………………………………………………….
(c) ………………………………………………………………………….

I also acknowledge that I am the person referred to in the sealed copy of the writ of Summons/Originating summons.


DATED this ……………………………….. Day of ……………………… 20 ………………..

……………………………..

Signature

FORM 16

(Order 18, rule 2(1))

Warrant to Arrest Absconding Defendant

(Title as in Form No.1)


WHEREAS there is probable cause for believing that the defendant (name of defendant) is about to leave (or has) (or is about to) dispose of or remove (some part of) his property from the jurisdiction of the court by reason whereof the execution of any judgment which may be given against him in this suit is likely to be obstructed or delayed;


You are therefore hereby commanded to bring the said defendant before this Court forthwith, in order that he may show why he should not give bail bond for his appearance at any time when called upon while this suit is pending and until execution or satisfaction of the judgment (if any).


DATED this …………………………… day of ………………………….. 20 …………………..

…………………..

Judge


To the Sheriff and Bailiffs of Court.


Fee on issue of this warrant is N…………………………………………………………………


Note:
lf the defendant gives bail bond before Magistrate in the sum of N……………………………. with sufficient surety (for his appearance as aforesaid) (or for the satisfaction of the judgments) or if he deposits with you for transmission to the Court the sum of N ……………… or other property of the same or greater value, he shall thereupon, in respect of this warrant, be discharged out of your custody.

FORM 17

(Order 19, rule 3(2))

Warrant of Interim Attachment

(Title as in Form No.1)

WHEREAS it has been shown to the satisfaction of the court that the defendant (name of defendant) with intent to obstruct or delay the execution of any judgment that may be given against him in this suit, is about to dispose of (or remove from State) or that the defendant is absent from …………………………. State (or that there is probable cause to believe that the defendant is concealing himself to evade service) and that the claimant is beneficially entitled to the debts or the property hereinafter specified;


AND WHEREAS on the …………………………. day of …………………….. 20 ………. It was ordered that the said property should be attached forthwith, pending the defendant’s appearance (or furnishing such security) (or the said period of ………………………… days has expired and the defendant (has failed to appear and) has not furnished such security);


These are, therefore, to require and order you forthwith to seize, take into your hands (enter upon) and attach (such portion of) the defendant’s property specified on the back of this warrant (as may be of the value of N……………………..) wheresover it may be found within the …………………………….. Judicial Division (except the wearing apparel and bedding on him and his family and the tools and implements of his trade to the value of N………………………..) and to hold, the same until the further order of the Court and to make return of what you have done under this warrant immediately on the execution thereof.


DATED this ……………………………… day of …………………… 20 ………………

………………….

Judge

To the Sheriffs and Bailiffs of the Court
Fees on issue of this warrant.

N :K

_____________

Application was made to the Registrar for this warrant at
…………………………………. minutes past the hour of

………………………………….. In the forenoon of the day last

mentioned above.

…………………..

Registrar

Endorsement

SPECIFICATION OF PROPERTY TO BE ATTACHED
NumberDescriptionEstimated ValueWhere to be foundName of the defendant or person in control of defendant’s property
     
     
     
     
     
     
     
     
     

FORM 18

(Order 20, rule 1(3))

Form Of Order To Account And Inquiries


In the High Court of Kogi State
In the………………………………………. Judicial Division

Suit No ……………………………………


BETWEEN:

A. B ……………………………………………………………. Claimant

and

C. D. and E. F and G.H ……………………………….. Defendants
This Court hereby orders 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 19

(Order 21, rule 3)

Form of Order Referring Proceedings to Arbitrator.


This Court with the consent of all parties hereby orders that the proceedings be referred to Arbitration of …………………………… whose award to be made, shall be entered as the judgment in this action (Add any further direction given by the Judge).


DATED this ………………………….. day of ……………………………… 20 ……………..

……………….

Judge

FORM 20

(Order 31, rule 1(6))

Notice of Payment Into Court


In the High Court of Kogi State

In the …………………………………………………………. Judicial Division

Suit No ………………………………………………………..

BETWEEN:

A. B……………………………………………………………………. Claimant

and

C. D. and E. F and G. H ………………………………………. Defendants


Take notice that the defendants ……………………… have paid into Court N……………… and say that (…………… part of) that sum
is enough to satisfy the claimant’s claim (for N……………………… the other part of) that sum is enough to satisfy the claimant’s claim (for N……………………………. the other part of that sum is enough to satisfy the claimant’s claim for …………………..)


DATED this …………………………….. day of ………………………… 20 ………..


P. Q. Legal Practitioner for the defendants C. D.
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 into Court in this action.


DATED this ………………………….. day of ……………………………. 20 ……………….

FORM 21

(Order 31, rules 2(1) and 4(4))

Acceptance Of Sum Paid Into Court


In the High Court of Kogi State

In the ……………………………………………………. Judicial Division

Suit No…………………………………………………..


BETWEEN:


A. B.:…………………………………………………………….. Claimant

and

C. D. and E. F and G. H…………………………………… Defendants


Take notice that the claimant accepts the sum of N…………………………. paid by the defendant (C. D.) into Court in satisfaction of the claim in respect of which it was paid in (and abandons his other claims in the action).


DATED this ………………………………………. day of…………………………………… 20 ………………

………………………………………………………………

X. Y. Claimant’s Legal Practitioner


To:
Mr. P. Q. Legal Practitioner for the defendant C. D. and Mr. R. S. Legal Practitioner for the defendant E. F.

FORM 22

(Order 31, rule 4(2))

Acceptance Of Sum Paid Into Court By One Of Several Defendants


In the High Court of Kogi 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 C.D into Court in satisfaction of his claim against the defendant C.D.


DATED this ……………………………… Day of ……………………………… 20 ……………….

XY Claimant’s Legal Practitioner.


To
Mr. P Q, Legal Practitioner for the defendant C.D; and Mr. R.S Legal Practitioner for the defendant E F.

FORM 23

(Order 33, rule 2(1))

Hearing Notice For Pre-trial Conference


In the High Court of Kogi State
In the ……………………………………………………………. Judicial Division

Suit No …………………………………………………………..


BETWEEN:


A. B.:…………………………………………………………………….. Claimant


and


C. D…………………………………………………………………….. Defendants


To (insert name of parties) ……………………………………………………….
Take notice that you are required to attend the court No…………………….. at the High Court of Kogi 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 and expeditious disposal;
(c) promoting amicable settlement of the case or adoption of alternative dispute resolution.
2. Please answer the questions in the attached Pre-Trial Information Sheet (Form 24) 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 Court may deem just and expedient.


DATED this ………………………………… day of ………………………… 20 ………………

…………………

Registrar.

FORM 24

(Order 32, rule 2(2))

Pre-Trial Information Sheet.

In the High Court of Kogi State
In the …………………………………………………………………………… Judicial Division

Suit No ………………………………………………………………………….

BETWEEN:

A. B…………………………………………………………………………………………. Claimant

and

C. D………………………………………………………………………………………. Defendants


This Pre-Trial Information sheet is intended to include referent 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.

A part shall, not later than seven days before the first Pre-trial conference, file and serve on all other parties:
(a) all applications in respect of matters to be dealt with before trial including but not limited to the maters 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 writ 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 35 rule 1 of the High Court (Civil Procedure Rules)? If so, state the grounds of such objection in compliance with Order 35 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 35 Rule 8(1) of the High Court (Civil Procedure) Rules? If so, state the grounds of such objection in compliance with Order 35 rule 8(3).

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 34 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 25

(Order 34, rule 2)

Interrogatories


In the High Court of Kogi State

In the ……………………………………………………………. Judicial Division

Suit No ………………………………………………………….

BETWEEN:


A. B…………………………………………………………………………. Claimant

and


C. D. and E. F and G. H…………………………………………………. Defendants


Interrogatories on behalf of the above-named (Claimant or defendant C.D.) 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 E.F. is required to answer the interrogatories numbered ……………………………………)
(The defendant G. H. is required to answer the interrogatories numbered ………………………………….)


DATED this …………………………………. day of ………………………………… 20 ………….

………………………………………………….

Party/Legal Practitioner.

FORM 26

(Order 34, rule 6)

Answer To Interrogatories


In the High Court of Kogi State


In the …………………………………………………………….. Judicial Division

Suit No …………………………………………………………..

BETWEEN:

A. B……………………………………………………………………….. Claimant

and

C. D. and 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 say as follows:

1. ………………………………………………………………………..
2. ………………………………………………………………………..
e.t.c.


I, the above-named defendant E.F.; do hereby solemnly swear by Almighty God that this is my named and handwriting and that the facts deposed by me in this affidavit are the truth, the whole truth and nothing but the truth.

…………………………….

Deponent


Dated this ……………………………………..day of…………………………………………. 20 ……………..


Before me:

…………………………………………………………………

Commissioner for Oaths.

FORM 27

(Order 34, rule 8, (3))

Affidavit As To Documents


In the High Court of Kogi State


In the ……………………………………………………….. Judicial Division

Suit No ……………………………………………………..

BETWEEN:


A. B………………………………………………………………. Claimant

and


C. D. and E. F and G. H…………………………………… Defendants


I, the above-named defendant C.D. 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 questions 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 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 in the possession, custody or power of any other person or persons on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper or writing, or any copy of or extract from 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 schedules hereto.


Date: ………………… …………………….

Deponent

(ILLITERATE JURAT)

…………………………..

…………………………..

…………………………..

Sworn to at High Court Registry, this …………………………. day of …………………….. 20 ………………….

Before me:

………………………………………………….

Commissioner for Oaths.

FORM 28

(Order 39, rule 7(a))

Legal Practitioner’s Undertaking As To Expenses


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 this ……………………………… day of …………………………. .20 ………………..

………………………………………………

Legal Practitioners for

…………………………………

…………………………………

FORM 29

(Order 39, rule 7(b))

Letter of Request To Take Evidence Abroad

(Convention Country)


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 Kogi 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 Kogi 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 of such of them as shall, on due notice given, attend such examination.


And I further have the honour to request that your 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 and the party producing the witness for examination at 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 of the charges and expenses payable in respect of the execution of this request, through the Ministry of Foreign Affairs from whom the same was
received for transmission to the said High Court of Kogi State.


And I further 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 this …………………………………………… day of ………………………………….. 20 ……………..

………………………………………….

Chief Judge of Kogi State, Nigeria


* This refers to a notice given by the Legal Practitioner having conduct of the action.

FORM 30

(Order 39, rule 8)

Order for Appointment Of The Nigerian Diplomatic Agent

As Special Examiner

(in Convention Country)


Upon hearing the Legal Practitioners on both sides and upon reading the affidavit of …………………………………dated ……………………


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 Kogi State of Nigeria 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 agents 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 refereed to therein or certified copies of documents or of extracts therefrom, be transmitted by the examiner, under seal to the Chief Registrar of the High Court, Kogi 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 cost of and incident to this application and such examination be costs in the action.


Note:
If the convention requires that the invitation or notice of the witnesses must expressly state that no compulsory powers may be used, this requirement must be complied with.

………………………………

Judge.

FORM 31

(Order 39, rule 20)

Form of Praecipe


In the High Court of Kogi State


In the ………………………………………………………………. Judicial Division

Suit No ……………………………………………………………..

Between:


A. B…………………………………………………………………….. Claimant

and

C. D. and others …………………………………………………… Defendants


Seal Writ of Subpoena ……………………………on behalf of the …………………… directed to …………………….. returnable …………………


DATED this …………………………………day of…………………………………. 20 …………………


(Signed) …………………………………………………………
(Address): ………………………………………………………
Legal Practitioner for the ……………………………………

…………………………

Judge.

FORM 32

(Order 39, rule 21)

Subpoena Ad Testificandum


In the High Court of Kogi State


In the ………………………………………………… Judicial Division

Suit No ………………………………………………..

BETWEEN:


…………………………………………………………………………… Claimant

and

………………………………………………………………………… Defendants


To ………………………………………………………. of ……………………………………


Your are commanded in the name of the Governor of Kogi 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 33

(Order 39, rule 21)

Habeas Corpus Ad Testificandum


In the High Court of Kogi State


In the …………………………………………………………….. Judicial Division

Suit No …………………………………………………………..

BETWEEN:

…………………………………………………………………………. Claimant

and

…………………………………………………………………………. Defendants


You are commanded in the name of the Governor of Kogi State to have ………………………….. , who it is said is detained in your custody in prison, at …………………………….. before the Court …………………… at ………………………………. on…………………….
the ………………………. day of …………………………….. 20 ……………….. 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 has been brought.


DATED this ……………………………….day of……………………. 20 …………….

………………………

Judge.

FORM 34

(Order 39, rule 21)

Subpoena Duces Tecum


In the High Court of Kogi State
In the ………………………………………………..Judicial Division

Suit No ……………………………………………..

BETWEEN:

…………………………………………………………………………. Claimant

and

……………………………………………………………………….. Defendants

To ………………………………………………. of …………………………………
You are commanded in the name of the Governor of Kogi State to attend the Court at ………………………. on …………………. the ……… day of ………………………….. 20 ………………at the hour of ………………….. o’clock in the forenoon and so from day to day until the above action is tried, to give evidence on behalf of the ………………………… and also to bring with you and produce at the time and
place aforesaid ……………………………………………….
(Specify documents to be produced)

 DATED this ………………………………………. day of……………………………………. 20 ……………………………………

……………………

Judge

FORM 35

(Order 42, rule 15)

General Form

(Title as in Form 1.)

Suit No ………………………………………………….

BETWEEN:


…………………………………………………………………………. Claimant

and

……………………………………………………………………….. Defendants


upon hearing ………………………………………. and upon reading the affidavit of ……………………………………………. filed on the ……………………………… day of ………………………………… 20 ……………………….


It is ordered ………………………………………………………… and that the defendant ………………………………. do pay the claimant
N…………………………………… cost (or cost to be taxed).
The above cost have been taxed and allowed at N…………………………….. as appears by a taxing officer’s certificate dated the …………………………….. day of …………………………. 20 ………………


DATED this …………………………………… day of……………………………….. 20 ………….

……………..

Judge.

FORM 36

(Order 43, rule 6(2))

Praecipe of Writ of Execution.


Claimant’s name in full …………………………………………………………………
His residence and occupation or description ……………………………………..
Full names and addresses (or other sufficient identification) of all defendants with their occupations, if known …………………………

…………………………………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………………….
Name of defendant against whom order of commitment was made ………………………………………………………………………………..

…………………………………………………………………………………………………………………………………………………………………….


Note: A separate order or warrant must be issued against every defendant required to be arrested.

His addresses and occupation or description ………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………………….

apply for the issue of …………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………….
I am aware that if I do not prove to the satisfaction of the Court at the hearing that the defendant has or has had since the date of the judgment/order, the means to pay the sum in respect of which he has made default, I may have to pay the costs of this summons.

…………………………………………………………..

Judgment Creditor/Legal Practitioner for

Judgment/Creditor/Legal Practitioner’s Address


To be filled up by the Registrar if payment has been ordered through the Court:-
Ledger Folio:                                                                                                                                               Date of Judgment/Order

Order

Committed on ……………………………………….. for ……………………………………..
Order suspended for …………………………..on payment of ……………………………
Subsistence allowance …………………………………….. Per diem……………………………………… to be paid before issue of warrant.
Date and time of application; the ………………………. day of ……………………… 20 ………………. at ……………..h ……………………..m.


Sum in payment of which defendant has made default a the time of the issue of the Judgment summons ……………………………….
Amount for which writ to issue by leave of Court ………………………………………………………………………………….
Fees and costs on issue and hearing of judgment summons…………………………………………………………………..
Draw amount paid since issue of judgment summons…………………………………………………………………………….
Fees on issue of this process…………………………………………………………………………………………………………..
Travelling expenses to be paid or tendered to defendant………………………………………………………………………….
Total amount for which ……………………………………………… is to be issued


Unsatisfied cost of execution not included above and not payable out of moneys paid into Court except under the execution against the goods of the defendant.

FORM 37

(Order 45, rule 9)

Writ Of Habeas Corpus Subjuciendum


To the Director of the Prison at …………………………………………………………………………………………………………………………………
You are hereby ordered to have in the High Court of Justice (or before a Judge in Chambers) at …………………………. on the day and at the time specified in the notice service with this writ, the body of ……………………….. being taken and detained under your custody as is said, together with a statement of the day and cause of his being taken and detained, by whatsoever name he may be called therein, that the Court may then and there examine and determine whether such cause is legal and have you there then this writ.

………………………………………………

Judge of the High Court of Kogi State.

Dated this ………………………… day of …………………………… 20 ………………..


ENDORSEMENT


By order of Court (or of Honourable Justice …………………………………..)


This writ was issued by ………………………………………..of ………………………….
Legal Practitioner for ………………………………………………………………………….

FORM 38

(Order 45, rule 9)

Notice To Be Served With Writ of Habeas Corpus ad Subjiciendum


Whereas this Court (or the Honourable Justice ………………………………………..) has granted a Writ of habeas corpus directed to ……………………………. (or other person having the custody of ………………………….if so) commanding him to have the body of …………………………. before the said Court (or before the Judge in chambers) at the ………………………….. High Court on the day and at the time specified in this notice, together with a statement of the day and cause of his being taken and detained;


Take notice that you are required by the said writ to have the body of the said ……………………… before this Court (or before the Judge aforesaid) on ………………………. the day of……………………… 20 at o’clock before noon and to make a return to the said writ.


In default, thereof, the said Court will then, or so soon thereafter as counsel can be heard, be moved to commit you to prison for your contempt in not obeying the said writ (or if in vacation, application will then be made to one of the Judges of the said Court for a warrant for your arrest in order that you may be held to bail to answer for your contempt in not obeying the said writ).


Dated this …………………………………………….. day of ……………………. 20 ……………

……………………………………………………

Judge of the High Court of Kogi State.

FORM 39

(Order 45, rule 9)

Writ of Habeas Corpus ad testificandum


To the Director of the prison at ………………………………………………………………………………………………………………..
You are hereby commanded to have before …………………………….. (give description of Court) on The ……………… day of ………… 20 ……………at ………………….. o’clock in the forenoon, the body of ………………….. being committed and detained in the Federal Prison at …………………….. under your custody, as is said, then and there to testify to the truth and give evidence on behalf of ………………… against ………………………… for …………………………. (description of office or other proceeding) and so from day to day until the said
……………………… shall have given his evidence as aforesaid. And when he shall have given his evidence, then you take him back without delay to the said prison under your custody and cause him to be detained therein under safe, until he shall be from thence discharged by due course of law.

………………………………………….

Judge/Magistrate


By order of …………………………………………………………………

ENDORSEMENT

This writ was issued by …………………………… of …………………………………..

Legal Practitioner for ………………………………………

FORM 40

(Order 48, rule 2(4))

Notice Of Appeal


In The District Court of the …………………………………………………………….. District


A. B.


Vs.


C.D.


Take notice that the claimant (or defendant as the case may be) A. B. (or C. D.; name the party who is appealing) appeals from the judgment (or order, or decision) dated the ……………………. day of………………………….. 20 ……………………. in the above proceedings.


And further take notice that this grounds of appeal are: …………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………………………………….


Dated this …………………………. day of ……………………………………. 20 …………….

………………………………………………………..

A. B. (or C. D.) (or the

Legal Practitioner acting for him)


To C. D. (or A. B.)
of ……………………………………………………………………………………………………………………………………………………………………

Note:
This notice must be filed with the registrar of the District Court within a month of the decision appealed from and served on all parties affected by the appeal within that period.

The grounds of appeal should be given in full.

FORM 41

(Order 50, rule 2)

Order For Payment Of Principal Money or Interest Secured By Mortgage Or Charge.


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 cost (or his costs of the summons to be taxed).
And it is ordered that upon the defendant paying to the claimant the moneys 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 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 42

(Order 50 rule 2)

Order For Possession Of Property Forming A Security For Payment

To The Claimant Of Any Principal Money Or Interest.


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 mortgage (or charge) dated the ………….. day of …………………. 20 ……… that is to say …………………………………(description of the property).


AND it is ordered that 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 43

(Order 50, rule 2)

Order For Payment Of Principal Money Or Interest Secured By Mortgage

Or Charge And For Possession Of Property Comprised Therein.


It is ordered that the claimant do recover against the defendant N ………………………. secured by a mortgage (or charge) dated the …………….. day of ………………. ………. (being the total of the principal sum of N………… and N……………. for interest therein at Percent 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 44

(Order 51, rule 35(3))

Surety’s Guarantee


In the High Court of Kogi State

Suit No……………………………


Probate Registry


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 his estate.


Now therefore:
1. I/We …………………………………….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 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 lost 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 ………………………..)

………………..

…………………

(Signed)

FORM 45

(Order 51, rule 69(3)(c))

Surety’s Guarantee On Application For Resealing.


In the High Court of Kogi State

Suit No …………………………..


Probate Registry


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 and 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 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; and
(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.


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 lost 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 ………………………………………)

…………………………

(Signed)

FORM 46

(Order 51, rule 71(3) & (4))

Caveat


In the High Court of Kogi State

Suit No …………………………..


Probate Registry


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 ……………………..


(Signed) ………………………………………………….Legal Practitioner for the said

Caveator whose address for service is …………………………………………………………

FORM 47

(Order 51, rule 71(8))

Warning To Caveator


In the High Court of Kogi State

Suit No ……………………………


Probate Registry


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 hearing 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 48

(Order 51, rule 71(9))

Appearance To Warning Or Citation


In the High Court of Kogi State

Suit No …………………………..


Probate Registry


Caveat No:……………………………………….. dated this …………………………….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 ……………….


Signed ………………………………………..


whose address for service is:

……………………………………

…………………………………..

……………………………………………………

Legal Practitioner (or ‘in person‘)

FORM 49

(Order 51, rule 82)

Notice Of Election To Redeem Life Interest


In the High Court of Kogi State

Suit No …………………………..

Probate Registry


In the Estate of ………………………………………………………deceased.


Whereas ……………………………….. of died on the …………………………… 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 ………………. .. were granted to me, the said …………………..
(and to …………………………………………. of ………………………………….. ) at the Probate Registry on the ……………… day of ………………………. 20 ………………………..


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 50

(Order 52, rule 2)

Originating Summons For Possession


In the High Court of Kogi State

In the ……………………………………………………..Judicial Division

Suit No ……………………………………………………

BETWEEN:


A. B……………………………………………………………….. Claimant

and

C. D. and E. F and G. H……………………………………. Defendants

(if any) whose name is known to the claimant.


To (C.D. and) every (other) person in occupation of …………………………………..


Let all persons concerned attend before ……………………………….. at the High Court of the ……………………. Judicial Division, Kogi State on the ……………….. day of ………………… 20 ………………… at 9.o’clock in the forenoon for the hearing of an application by A.B 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.

FORM 51

(Order 52, rule 6(1))

Order For Possession

(Title as in Form No.1)

Upon hearing ………………………………. and upon reading the affidavit of ……………………………………. Filed on the …………………… day of …………………………. 20 …………………. it is ordered that the claimant A. B. 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 the …………………………. day of ………………………………. 20 ………………………..)


DATED this …………………………………. day of ………………………………. 20 ………..

…………………………..

Judge.

FORM 52

REGISTRAR’S PROCESS BOOK


High Court of the …………………………………………………………………………… Judicial Division

 
No. of SuitClaimantDefendantNature of WritIssued forIssued againstDateTime Hours Minutesa.m p.mRegistrar’s Signature
                            

FORM 53

Certificate of the Chief Registrar.

PARTIES


Pursuant to the directions given to me by Hon. Justice ……………………………… I hereby certify that the result of the accounts and inquiries which has been taken and made in pursuance of the judgment (or 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 on 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 C.D., filed ……………………………………………

FORM 54

(Order 43)

Writ Of Attachment And Sale Against Immovable Property


To C. D., of ………………………………………………………………….


AND WHEREAS no movable property of the defendant (or claimant) can with reasonable diligence be found sufficient to satisfy the judgment (or order).


AND WHEREAS upon the application of the claimant (or defendant) it was ordered on the …………………. day of ……………………. 20 ………………………… that writ of attachment and sale should issue against immovable property of the defendant (or claimant) for the sum of N………………………………… (being part of the sum of (judgment debt or party thereof ordered to be levied or claimant’s cost, or as the case may be) remaining unpaid.
These are therefore to require and order you forthwith to make the levy the said sum of N………………………………….. together with the costs of this writ and the cost of executing it, by entering upon the attaching the immovable property of the defendant (or claimant) wheresoever it may be found within the ………………………….. Judicial Division and by selling it and to bring what you shall have so levied into Court and to make return of what you have done under this writ immediately upon the execution thereof.


Note:


The immovable property is not to be sold until after the end of 14 days next following the day on which the attachment has been made.

………………………..

Registrar.

FORM 55

(Order 56, rule 9)

Regulations Regarding Fees


1. No process shall, except by special order of court, be issued until:
(a) all fees payable thereon shall have been paid, and
(b) an account thereof, initialed 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 endorsement initialed by the Registrar or 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 stump 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 initialed as aforesaid by the Registrar or other officer or unless the court shall at the same time produce the stump 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 fees or other fee shall be returned except upon a Voucher, payable at the Registry, 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 56

(Order 55, rule 8(1))

Fees Payable At The High Court


1. For the recovery of a specified sum:

N  :K


(a) not exceeding N100,000.00………………………………………………………………………………………………………………………..1,000.00
(b) exceeding N100,000.00 but not above N500,000.00…………………………………………………………………………………..2,000.00
(c) exceeding N500,000.00 but not above N1,000,000.00…………………………………………………………………………………5,000.00
(d) exceeding N1,000,000 per N100,000.00 or part thereof ……………………………………………………………………………… 250
(e) Maximum fee…………………………………………………………………………………………………………………………………………………..20,000.00

(f) Claim in foreign currency shall be converted into the local currency and assessed as above.


(On amendment of claim: where the sum claimed is increased, assessment shall be on the difference between the initial sum claimed and the amended sum)


2. For the recovery on an unspecified sum the fee payable is the same as the maximum payable per relief. For set off or counter-claim: the same as payable under Item 1.


3. For an account to be taken and payment of the sum found due:

N :K
(a) Initial fee…………………………………………………………………………………………………………………………………………………1,000.00
(b) Second fee (payable before setting down for judgment) per N100.00

or part thereof found due

in excess of N200.00…………………………………………………………………………………………………………………………………….1,000.00
(c) Maximum fee………………………………………………………………………………………………………………………………………….3,500.00


4. Originating summons:
(a) Originating summons …………………………………………………………………………………………………………………………1,000.00
(b) Oaths……………………………………………………………………………………………………………………………………………………50.00
(c) Filing…………………………………………………………………………………………………………………………………………………….100.00
(d) Double sealing…………………………………………………………………………………………………………………………………..200.00
(e) Each exhibit………………………………………………………………………………………………………………………………………….20.00
(f) Service as per distance but not less than……………………………………………………………………………………………..50.00


5. Motion on Notice
(a) Motion on Notice……………………………………………………………………………………………………………………………………200.00
(b) Oaths……………………………………………………………………………………………………………………………………………………50.00
(c) Filing…………………………………………………………………………………………………………………………………………………….50.00
(d) Sealing…………………………………………………………………………………………………………………………………………………100.00
(e) Each exhibit…………………………………………………………………………………………………………………………………………..20.00
(f) Service as per distance but not less than………………………………………………………………………………………………50.00


6. Motion Ex-parte
(a) Motion Ex-parte…………………………………………………………………………………………………………………………………….200.00
(b) Oaths………………………………………………………………………………………………………………………………………………….50.00
(c) Filing…………………………………………………………………………………………………………………………………………………..50.00
(d) Sealing……………………………………………………………………………………………………………………………………………….100.00
(e) Each exhibit………………………………………………………………………………………………………………………………………….20.00
(f) Service as per distance but not less than……………………………………………………………………………………………..50.00


7. For any other relief or assistance not specially provided for……………………………………………………………….100.00


8. For possession of property, as between landlord and tenant
(a) Where the rent value does not exceed N100,000.00………………………………………………………………………..1,000.00
(b) Where the rent value exceeds N100,000.00

per N10,000.00 or part thereof………………………………………………………………………………………………………………..200.00
Maximum Fee…………………………………………………………………………………………………………………………………………..5,000.00


9. For a declaration of title to land and for possession of land

other than between landlord and tenant: ……………………………………………………………………………………………….1,000.00

10. For the administration of the property of a deceased person

where there is no dispute regarding succession or distribution:


(a) Where the gross value of the property does not exceed

N500,000.00 or part thereof ……………………………………………………………………………………………………………………….2,000.00
(b) Exceeding N500,000.00 per N500,000.00 or part

up to N5,000,000.00…………………………………………………………………………………………………………………………………1,500.00


Maximum fee
11. For the determination of a question relating to the distribution of or the succession to the property of a deceased person, or to a trust whether the person who created the same be dead or alive:
(a) Where the gross value of the property of the deceased or

of the property under trust does not exceed N500,000.00…………………………………………………………………………………..1,000.00
(b) Where it exceeds N500,000.00 per N100,000 or part……………………………………………………………………………………..200.00
(c) Where no gross value can be specified…………………………………………………………………………………………………………..7,000.00
Maximum fee……………………………………………………………………………………………………………………………………………………….10,000.00


MATRIMONIAL CAUSES
12. For any petition other than alimony……………………………………………………………………………………………………………1,000
13. For the first citation………………………………………………………………………………………………………………………………….200.00
14. For any subsequent citation…………………………………………………………………………………………………………………….200.00
15. For a petition for alimony…………………………………………………………………………………………………………………………200.00
16. For the Registrar’s certificate……………………………………………………………………………………………………………………500.00
17. For any application for decree absolute …………………………………………………………………………………………………..500.00
18. For reducing a petition and affidavit to writing………………………………………………………………………………………………..200.00
19. For setting down the case for hearing…………………………………………………………………………………………………………500.00


PROBATE AND ADMINISTRATION
20. On drawing up an administration decree……………………………………………………………………………………………………..100.00
21. On drawing up order on further consideration where

the property administered exceeds N500.00………………………………………………………………………………………………………200.00
22. On filing application for probate or administration ……………………………………………………………………………………….200.00
23. On filing oath of executor or administration……………………………………………………………………………………………………50.00
24. On taking justification or sureties for each surety……………………………………………………………………………………………50.00
25. On filing administration bond……………………………………………………………………………………………………………………..100.00
26. On entering a caveat……………………………………………………………………………………………………………………………….500.00
27. On every warning to caveat……………………………………………………………………………………………………………………….50.00
28. On probate or letters of or order for administration: Where the value of the property affected by the grant of order:
(a) does not exceed N500,000.00……………………………………………………………………………………………………………………500.00
(b) exceeds N500,000.00 but not N1,000,000 …………………………………………………………………………………………………….700.00
(c) exceeds N1,000,000 for each additional N500,000.00

or part thereof…………………………………………………………………………………………………………………………………………….200.00
29. For re-sealing a grant as to bring into force in Kogi State

a fee reckoned under item 26 on the value of the property

in Nigeria affected by the re-sealing……………………………………………………………………………………………………………….N1,000.00
30. On inventory taken by a court official………………………………………………………………………………………………………..1,000.00
31. On application to search index to grants or wills or to inspect a grant or will……………………………………………………….200.00
32. On deposit of Will for safe custody…………………………………………………………………………………………………………..1,000.00
33. On application for a writ of Habeas corpus………………………………………………………………………………………………….200.00
34. On filing any other application:
(a) if no notice………………………………………………………………………………………………………………………………………….200.00
(b) if ex -parte…………………………………………………………………………………………………………………………………………..200.00
(c) if accompanied by other papers same as payable under items 4, 5, & 6

N :K

35. On filing an affidavit……………………………………………………………………………………………………………………………………..100.00
36. On filing a security bond……………………………………………………………………………………………………………………………….200.00
37. On filing any other paper……………………………………………………………………………………………………………………………..100.00
38. On justification of sureties: for each surety ………………………………………………………………………………………………………200.00
39. For the issue of warrant to detain an absconding defendant…………………………………………………………………………………..500.00
40. For issue of a Writ of Habeas Corpus………………………………………………………………………………………………………………200.00
41. For the drawing up of any order or judgment………………………………………………………………………………………………………200.00
42. For an inquiry by a court official where so ordered:

for each sitting……………………………………………………………………………………………………………………………………………….200.00
43. For an account taken by a court official where so ordered:

per N50,000.00 or part thereof found to have been received……………………………………………………………………………………….50.00
44. For taking down a person’s statement where so ordered

as the Court may direct but not exceeding…………………………………………………………………………………………………………..100.00
45. For searching the archives: for each period of six months

or part thereof ……………………………………………………………………………………………………………………………………………….200.00
46. For drawing up a bill of costs where so directed; ……………………………………………………………………………………………….50.00
47. For taking costs where so ordered; N100.00 or part thereof………………………………………………………………………………….10.00
48. For preparing a copy where authorized:……………………………………………………………………………………………………………50.00
49. For every subpoena…………………………………………………………………………………………………………………………………….100.00
50. On commission to take evidence………………………………………………………………………………………………………………….1,000.00
51. On warrant for prisoner to give evidence………………………………………………………………………………………………………….200.00
52. For attesting the execution or signature of an instrument

(other than instrument regarding payment of pension

by Government) not otherwise provided for……………………………………………………………………………………………………………..100
53. For sealing any document not in proceedings…………………………………………………………………………………………………….100
54. For certifying a copy as a true copy…………………………………………………………………………………………………………………100
55. For certifying a record of proceedings……………………………………………………………………………………………………………….100
56. For payment into Court (except when ordered by the Court

or proceeds of execution)…………………………………………………………………………………………………………………………………..200.00

N :K

57. On appointment of Commissioner to administer Oaths

and take declaration (not being a Government official)……………………………………………………………………………………….5,000.00
58. For sealing a letter of request………………………………………………………………………………………………………………………1,000.00
59. On transfer of foreign judgment…………………………………………………………………………………………………………………….1,000.00
60. For certificate of service of foreign process

(where not disallowed by convention)…………………………………………………………………………………………………………………..200


TRANSFER OF CASES
61. On application to transfer a case from one Court to another………………………………………………………………………………..1,000.00


APPEALS
62. On filing notice of appeal……………………………………………………………………………………………………………………………..200.00


ALLOWANCES TO WITNESSES
63. Allowances to witnesses: as per distance.

(Allowances of witness shall be borne by the party on whose behalf the witness gives]
evidence).

NOTARIES FEES OF OFFICE


1. noting protest on bill or note ………………………………………………………………………………………………………………………..200.00
2. Extending protest on bills of exchange or ……………………………………………………………………………………………………..200.00
3. Promissory notes …………………………………………………………………………………………………………………………………………200.00
4. Attestation to any document ………………………………………………………………………………………………………………………….250.00

TRANSLATIONS
5. For every folio of 72 words……………………………………………………………………………………………………………………………. 50.00
6. Attestation to translation …………………………………………………………………………………………………………………………….. 200.00

FEES FOR REGISTRATION OF JUDGMENTS
7. Registration of certificate of a judgment of High Court…………………………………………………………………………………………..500.00
8. Registration of certificate of a judgment of any other Court ……………………………………………………………………………………500.00

REGISTRATION OF A CAVEAT
9. For filing a caveat …………………………………………………………………………………………………………………………………….. 500.00

MADE at Lokoja this 23rd Day of October, 2006.


Umaru Eri, OFR
Chief Judge of Kogi State.

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