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

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

2. (1) These Rules shall be interpreted in accordance with the Interpretation Law, Cap. 77 Laws of Kaduna State 1991 or any re-enactment thereof.

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

“Plaintiff” shall include a defendant who has a counter claim;

“Court” means the High Court of Kaduna State;

“Court Process or “Process” includes writ of summons, originating summons, originating process, notices, petition, pleadings, orders, motions, summons, warrants and all documents or written communications;

“Decision” means any decision of a Court and includes judgment, ruling, decree, order, conviction, sentence or recommendation;

“Defendant” shall include a Plaintiff who is a defendant to a counter claim;

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

“Law” means the High Court Law, Cap. 67 Laws of Kaduna State, 1991 or any re-enactment thereof; “Minor” means a person who has not attained the age of 18 years;

“Originating Process” means any Court process by which a suit is initiated;

“Persons Under Legal Disability” means person who lacks capacity to institute or defend any proceedings by reason of age, insanity, unsoundness of mind or otherwise;

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

“Registrar” means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, or any other officer acting or performing the functions of a Registrar;

“Registry” means the Registry of the High Court of Kaduna State in the appropriate judicial division;

“Taxing Officer” means the Chief Registrar or such other officer of the Court as the Chief Judge may appoint to tax costs.

1. Subject to the provisions of any Law on transfer of suits, the place for trial of any suit shall be as follows:

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

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

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

Other suits.
(3) (a) All other suits may be commenced and determined in the Judicial Division in which the defendant resides or carries on business, or in which the cause of action arose.

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

Suits commenced in wrong Judicial division.
(2) If any suit is commenced in the wrong Judicial Division, it may be tried in that Division unless the court otherwise directs.

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

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

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

(a) statement of claim;

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

(c) depositions of the witnesses and

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

(2) Where a Plaintiff fails to comply with Rule 2(1) of this Order, the writ of summons shall not be issued.

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

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

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

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

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

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

(2) An originating summons shall be accompanied by:

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

(b) all the exhibits to be relied upon;

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

Defence to Originating summons.

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

(4) A defendant in any proceedings commenced by originating summons shall within 21 days after service of the originating summons and the accompanying documents, file a counter affidavit together with all the exhibits which the defendant intends to rely upon and a written address.

Service outside Kaduna State Cap. S.6 LFN 2004

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

“This summon(or as the case may be) is to be served out of Kaduna State of Nigeria and in the …………….. State”.

9. Subject to the provisions of the Sheriffs and Civil Process Act, a writ of summons or other originating process issued by the Court for service in Nigeria outside Kaduna State shall be endorsed by the Registrar of the Court with the following notice. “This summons (or as the case may be) is to be served out of Kaduna State of Nigeria and in the…..State”.

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

(2) An originating process which has been sealed shall not be altered except upon an application to a Judge.

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

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

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

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

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

6. (1) A Plaintiff suing in person shall state on the originating process Plaintiff’s residential or business address as the address for service. If the Plaintiff lives and carries on business outside the jurisdiction, the Plaintiff shall state an address within the jurisdiction as the address for service.

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

7. An originating process shall state the address for service on a Defendant.

8. If the originating process does not state an address for service, it shall not be accepted by the Registry.

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

(2) Where at any stage in the course of or in connection with any proceedings there has by reason of anything done or left undone been a failure to comply with the requirements as to time, place, manner, or form, the failure shall be treated as an irregularity and may not nullify such step taken in the proceedings. The Court may give any direction as it thinks fit to regularize such steps.

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

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

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

1. Originating process shall be prepared by a Plaintiff or the Plaintiff’s Legal Practitioner, and shall be clearly printed on A4 opaque paper of good quality.

2. (1) Issue of an originating process takes place upon its being signed by the Registrar or other officer of the court authorised to sign the writ.

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

(3) Each copy shall be signed by the Legal Practitioner or by a Plaintiff where the Plaintiff sues in person.

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

4. The Registrar shall promptly arrange for service on each defendant of a copy of the originating process and accompanying documents.

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

6. (1) The life span of every originating process shall be 3 months.

Renewal of Originating Process: Civil Form 6

(2) If the Chief Registrar is satisfied that it has proved impossible to serve an originating process on any defendant within its life span and a Plaintiff applies before its expiration for renewal of the process, the Chief Registrar may renew the originating process for 3 months from the date of such renewal. A renewal of an originating process shall be as in Form 6.

7. The Chief Registrar may order two renewals in each case strictly for good cause and upon prompt application, provided that no originating process for which service is required but which has not been served shall be in force for longer than a total of 9 months.

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

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

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

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

(2) When a party is represented by a Legal Practitioner, service of court process of which personal service is not required may be made on such Legal Practitioner or an employee of the Legal Practitioner in Chambers.

2. The process server shall serve an originating process by delivering to the party to be served a copy of the process.

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

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

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

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

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

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

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

8. Where persons are sued as partners in the name of their firm the originating process shall be served upon anyone or more of the partners at the principal place of business within the jurisdiction or upon any person having control or management of the partnership business there; and such service shall be deemed good service upon the firm whether any of the partners is out of the jurisdiction of the court or not, and no leave to issue an originating process against them shall be necessary.
Provided that in the case of a partnership that has been dissolved to the knowledge of the Plaintiff before the commencement of the action, the originating process shall be served upon every person within the jurisdiction of the court against whom the Plaintiff commences the action.

9. In the absence of any statutory provision regulating service on a registered company, corporation or body corporate, every originating process or other process requiring service may be served on the organisation by delivery to a Director, Secretary, Trustee or other Senior, Principal or other officer of the organisation, or by leaving it with an officer at the registered, principal or advertised office or place of business of the organisation within the jurisdiction of the court.

10. When the suit is against a foreign Corporation or Company within the meaning of Section 54 of the Companies and Allied Matters Act having an office and carrying on business within the jurisdiction, and such suit is limited to a cause of action which arose within the jurisdiction, the originating process or other documents requiring service may be served on the Principal Officer or Representative of such foreign Corporation or Company within the jurisdiction of the court.

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

11. Where service is to be made upon a person residing out of, but carrying on business within, the jurisdiction of the court in his own name or under the name of a firm through an authorized agent, and the proceeding is limited to a cause of action which arose within the jurisdiction, the writ or other document may be served by giving it to such agent, and such service shall be equivalent to personal service.

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

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

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

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

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

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

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

16. (1) A Register shall be kept at the Registry in such form as the Chief Judge may direct for recording service of processes by any process server. The Registrar shall record therein the names of the Plaintiff and Defendant, the method of service, whether personal or otherwise.

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

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


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

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

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

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

(e) the claim is brought against the defendant to enforce, rescind, dissolve, annul or otherwise affect a contract or to recover damages or other relief for or in respect of a contract:

(i) made within jurisdiction, or
(ii) made by or through an agent residing or carrying on business within jurisdiction on behalf of a principal residing or carrying on business out of jurisdiction and
(iii) which by its terms or by implication is to be governed by the applicable law in Kaduna State, or the parties have agreed that the court shall have jurisdiction to entertain any claim in respect of such contract, or is brought against the defendant in respect of a breach committed within jurisdiction, of a contract wherever made notwithstanding that such breach was preceded or accompanied by a breach out of jurisdiction which rendered impossible the performance of the contract which ought to have been performed within jurisdiction.

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

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

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

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

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

(k) the proceedings relate to probate matters, or

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

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

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

(a) the process to be served shall be sealed with the seal of the court for service out of Nigeria, together with a copy of the process translated into the language of that country if not English, and shall be transmitted to the Minister responsible for Foreign Affairs together with a request, as in Form 7 for its further transmission to the Ministry of Foreign Affairs in that country.

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

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

(d) Where a certificate, declaration affidavit or other notification transmitted as aforesaid states that efforts to serve a process have failed a Judge may, on an ex parte application, order substituted service whereupon the process and a copy as well as the order for substituted service shall be sealed and transmitted to the Minister responsible for Foreign Affairs together with a request in Form 9 with such modifications or variations as circumstances may require:

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

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

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

(i) directly through diplomatic channels or

(ii) through the foreign judicial authority:

(b) the request shall be accompanied by the original document and a translation thereof in the language of the country in which service is to be effected, certified by or on behalf of the person making the request, and a copy of each for every person to be served and any further copies which the convention may require (unless the service is required to be made on a Nigerian subject directly through diplomatic channels, in which case the translation and copies thereof need not accompany the request, unless there is a provision in the Convention to the contrary);

(c) the documents to be served shall be sealed with the seal of the Court for use out of the jurisdiction and shall be forwarded by the Chief Registrar to the Minister responsible for Foreign Affairs for onward transmission to the foreign country;

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

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

5. Where in any civil matter pending before a court or tribunal of a foreign country a request for service of any process on a person within the jurisdiction is received by the Chief Judge from the Consular or other authority of that country, the following procedure shall be adopted:

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

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

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

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

(e) the Chief Registrar shall examine and verify the process server’s particulars of charges and may approve it or approve some lesser figure, whereupon the Chief Judge shall forward to the Consular or other authority of the foreign country a request for service, the approved amount for service, evidence of service and a certificate appended to it.

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

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

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

(b) the process server shall submit the particulars of the costs and expenses of service to the Chief Registrar who shall certify the amount payable in respect of the service;

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

Substituted service of foreign process.

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

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

(2) On receipt of the memorandum of appearance, the Registrar shall make entry thereof in the cause book and stamp the copy showing the date the Registrar received the process, and serve a copy thereof on the Plaintiff or, as the case may be on the Plaintiffs Legal Practitioner.

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

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

3. The Registrar shall not accept any memorandum of appearance, which does not contain an address for service within jurisdiction. If any such address is illusory, fictitious or misleading, the appearance may be set aside by a Judge on the application of the Plaintiff.

4. If two or more defendants in the same action appear through the same Legal Practitioner; the memorandum of appearance shall include the names of all defendants so appearing.

5. If a defendant files an appearance after the time prescribed in the originating process, the defendant shall pay to the Court an additional fee of 200.00 (two hundred naira) for each day of default.

6. In probate matters, any person not named in the originating process may intervene and appear in the matter on filing an affidavit showing the intervener’s interest in the estate of the deceased.

7. Any person not named as a defendant in an originating process for recovery of land may, with leave of a Judge, appear and defend on filing an affidavit showing that the person who is seeking leave is in possession of the land either in person or through a tenant.

8. Any person appearing to defend an action for the recovery of land as landlord, in respect of property of which the person is in possession only through a tenant, the person shall state in the memorandum of appearance that the person appears as landlord.

9. A person under legal disability shall enter an appearance by a guardian.

10. In this Order the word “Tenant” includes a sub-tenant or any person occupying any premises whether on payment of rent or otherwise.

1. Where no appearance has been entered for a person under legal disability, the Plaintiff shall apply to a Judge for an order that some person be appointed guardian for such defendant and when appointed the person may appear and defend. The application shall be made after service of the originating process. Notice of the application shall be served on the person intended to be appointed the guardian of the defendant.

2. Where the claim in the originating process is a liquidated demand and the defendant or all of several defendants fail to appear, the Plaintiff may apply to a Judge for judgement for the claim on the originating process or such lesser sum and interest as a Judge may order.

3. Where the claim in the originating process is a liquidated demand and there are several defendants of whom one or more appear to the process and another or others fail to appear, a plaintiff may apply to a Judge for judgement against those who have not appeared and may execute the judgement without prejudice to the plaintiff’s right to proceed with the action against those who have appeared.

4. Where the claim in the originating process is for pecuniary damages, or for detention of goods with or without a claim for pecuniary damages, and the defendant or all of several defendants fail to appear, the Plaintiff may apply to a Judge for judgement. The value of the goods and the damages or the damages only as the case may be shall be ascertained in such manner and subject to the filing of such particulars as a Judge may direct before judgement in respect of that part of the claim.

5. Where the claim in the originating process is as in Rule 4 of this Order and there are several defendants, one or some of whom appear while another or others do not appear, the Plaintiff may apply for judgement against the defendant(s) failing to appear. The value of the goods and the damages or the damages only as the case may be shall be ascertained in such manner and subject to the filing of such particulars as a Judge may direct before judgement in respect of that part of the claim.

6. Where the claim in the originating process is for pecuniary damages or for detention of goods with or without a claim for pecuniary damages and includes a liquidated demand and any of the defendants fails to appear, the Plaintiff may apply to a Judge for judgement. The value of the goods and the damages, or the damages only as the case may be shall be ascertained in such manner and subject to the filing of such particulars as a Judge may direct before judgement in respect of that part of the claim.

7. If no appearance is entered within the time prescribed in the originating process in a claim for recovery of land or if appearance is entered but the defence is limited to part only, the Plaintiff may apply to a Judge for judgement stating that the person whose title is asserted in the originating process shall recover possession of the land, or of that part of it to which the defence does not apply.

8. Where in an originating process for recovery of land a Plaintiff claims mesne profits, arrears of rent, damages for breach of contract or wrong or injury to the premises, the Plaintiff may apply for judgement as in Rule 7 of this Order for the land, and may proceed to prove the other claims.

9. In any case to which Rules 2 – 7 of this Order do not apply and the defendant or all of several defendants fail to appear, but by reason of payment, satisfaction, abatement of nuisance, or any other reason, it is unnecessary for a Plaintiff to proceed, he may apply to a Judge for judgement for costs:

Provided that such application shall be filed and served in the manner in which service of the originating process was effected or in such manner as a Judge shall direct.

10. Where judgement is entered pursuant to any of the preceding rules of this Order, a Judge may set aside or vary such judgement on just terms upon an application made by Motion on Notice by the defendant. The application shall be made within a reasonable time, showing a good defence to the claim and a just cause for the default.

11. In all claims not specifically provided for under this Order, where the party served with the originating process does not appear within the time prescribed in the originating process, the Plaintiff may proceed as if appearance had been entered.

1. Where a Plaintiff believes that there is no defence to the claim, the Plaintiff shall file with the originating process the statement of claim, the exhibits, the depositions of the Plaintiff’s witnesses and an application for summary judgement which application shall be supported by an affidavit stating the grounds for the Plaintiff’s belief and a written address in respect thereof.

2. A Plaintiff shall deliver to the Registrar as many copies of all the processes and documents referred to in Rule 1 of this Order as there are defendants.

3. Service of all the processes and documents referred to in Rule 1 of this Order shall be effected in the manner provided under Order 7 of these Rules.

4. Where any defendant served with the processes and documents referred to in Rule 1 of this Order intends to defend the suit, such defendant shall, not later than the time prescribed by these Rules for filing a defence, file:

(a) a statement of defence;

(b) depositions of witnesses;

(c) the exhibits to be used in the defence; and

(d) a written address in reply to the application for summary judgement

5. (1) Where it appears to a Judge that a defendant has a good defence and ought to be permitted to defend the claim, the Judge may grant the defendant leave to defend the claim.

(2) Where any defendant fails or neglects to comply with the provisions of Rule 4 of this Order, or it appears to the Judge that the defendant has no good defence to the claim, the Judge may enter judgement for the Plaintiff.

(3) Where it appears to a Judge that the defendant has a good defence to part of the claim but no defence to other parts of the claim, the Judge may thereupon enter judgement for that part of the claim to which there is no defence and grant leave to defend that part to which there is a defence.

6. Where there are several defendants and it appears to a Judge that any of the defendants has a good defence and ought to be permitted to defend the claim and other defendants have no good defence and ought not to be permitted to defend, the former may be permitted to defend and the Judge shall enter judgement against the latter.

7. Under this Order the parties shall be at liberty to advance before a Judge oral submissions to expatiate their respective written addresses.

1. Where in an originating process the Plaintiff seeks an account under Order 4 Rule 5 or where the claim involves taking an account, if the defendant either fails to appear, or after appearance fails to satisfy a Judge that there is a preliminary question to be tried, the Judge shall, on application, make an order for the proper accounts with all necessary inquiries and directions.

2. An application for account shall be supported by an affidavit filed on the Plaintiff’s behalf, stating concisely the grounds of the claim to an account. The application may be made at any time after the time prescribed for defence.

3. Where an order is made for account under this Order, the account may be taken by a Judge or a Referee appointed by the Judge.

1. All persons may be joined in one action as Plaintiffs in whom any right to relief is alleged to exist whether jointly or severally and judgement may be given for such Plaintiff(s) as may be found to be entitled to relief and for such relief as the Plaintiff or Plaintiffs may be entitled to, without any amendment.

2. Where an action has been commenced in the name of the wrong person as Plaintiff or where it is doubtful whether it has been commenced in the name of the right Plaintiff, a judge may order the substitution or addition of any other person as Plaintiff on such terms as may be just.

3. Where in commencing an action any person has been wrongly or improperly included as a Plaintiff and a defendant has set up a counter-claim or set-off, such defendant may establish the set off or counter-claim as against the parties other than a Plaintiff so included, notwithstanding the inclusion of such Plaintiff or any proceeding based thereon.

4. Any person may be joined as defendant against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative. Judgement may be given against one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.

5. Where an action has been instituted against a wrong defendant or where the name of a defendant has been incorrectly stated, a Judge may, upon application, order a substitution or addition of any person as defendant or correction of any such name on any term as may be just.

6. (1) It shall not be necessary that every defendant shall be interested as to all the reliefs prayed for, or as to every cause of action included in any proceeding against the defendant.

(2) A Judge upon considering the defence filed by any defendant may, on application by that defendant, make such order as may appear just to prevent the defendant from being embarrassed or put to expense by being required to attend any proceedings in which the defendant may have no interest.

7. A Plaintiff may join as parties to the same action all or any of the persons severally, or jointly and severally, liable on anyone contract, including parties to bills of exchange and promissory notes.

8. Where a Plaintiff is in doubt as to the person from whom the Plaintiff is entitled to redress, the plaintiff may, in such manner as hereinafter mentioned, or as may be prescribed by any special order, join two or more defendants, to the intent that the question as to which if any of the defendants is liable and to what extent may be determined as between all parties.

9. Persons under legal disability may sue by their guardians or defend by guardians appointed for that purpose.

10. Where any person’s name is to be used in any action as guardian of a person under legal disability or other party or as relator, a written authority for that purpose signed by that person shall be filed in the registry.

11. Trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such person, but a Judge may, at any stage of the proceedings order any of such persons to be made parties in addition to or in lieu of the previously existing parties. This rule shall apply to trustees, executors and administrators in proceedings to enforce a security by foreclosure or otherwise.

12. (1) Where there are numerous persons having the same interest in one suit, one or more of such persons may sue or be sued on behalf of or for the benefit of all persons so interested.

(2) Where there are numerous persons having the same interest in one suit and they seek to defend the action, a Judge may allow one or more of such persons to defend the action on behalf or for the benefit of all persons so interested

13. (1) Where in any proceedings concerning:

(a) the administration of an estate or

(b) property subject to a trust or

(c) land held under customary law as family or community property or

(d) the construction of any written instrument, including a statute,

a Judge is satisfied that:

(i) the person, the class or some members of the class interested cannot be ascertained or cannot readily be ascertained;

(ii) the person, the class or some members of the class interested if ascertained cannot be found;

(iii) though the person or the class and the members thereof can be ascertained and found; it is expedient for the purpose of efficient procedure that one or more persons be appointed to represent that person or class or member of the class, the Judge may make the appointment. The decision of the Judge in the proceedings shall be binding on the person or class of persons so represented.

(2) Notice of appointment made by a judge under this rule and all processes filed in court shall be served on a person(s) so appointed.

(3) If in any proceedings mentioned in sub-rule 1 of this Rule, several persons having the same interest in relation to the matter to be determined attend the hearing by separate Legal Practitioners, then, unless the Judge considers that the circumstances justify separate representation, not more than one set of costs of the hearing shall be allowed to these persons, and the judgement or order shall be framed accordingly.

(4) In this Rule, the word “class” includes the persons recognized by Customary Law as members of a family or as members of a land owning community.

14. Where in any proceedings mentioned in sub-rule (1) of Rule 13 of this Order, a compromise is proposed and some of the absent persons who are interested in or may be affected by the compromise are not parties to the proceedings (including unborn or unascertained persons) but where:

(i) there are some other persons having the same interest before the court who assent to the compromise or on whose behalf the court sanctions the compromise or

(ii) the absent persons are represented by a person under Rule 13 of this Order who so assents:

a Judge, if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, may approve the compromise and order that such compromise shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.

15. (1) If in any proceedings it appears to a Judge that any deceased person who was interested in the proceedings has no legal personal representative, the Judge may proceed in the absence of any person representing the estate of the deceased person, or may appoint some person to represent the estate for the purpose of the proceedings, on such notice to such person (if any) as the judge shall deem fit, either specifically or generally by public advertisement, and the order so made and any order consequent thereon shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased had been a party to the proceedings.

(2) Where a sole or sole surviving Plaintiff or defendant in any proceedings dies and the cause of action survives but the person entitled to proceed fails to proceed, a Judge may, on the application of either the deceased’s Legal Practitioner or the opposing party, order any person to take the place of the said deceased and proceed with the suit.

(3) In default of such application or where the person substituted fails to proceed, judgement may be entered for the defendant or as the case may be for the person against whom the proceedings might have been continued.

16. (1) No proceedings shall be defeated by reason of misjoinder or nonjoinder of parties, and a judge may deal with the matter in controversy so far as regards the rights and interest of the parties actually before the court.

(2) A Judge may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Judge to be just, order that the name of any party improperly joined be struck out.

(3) A Judge may order that the name of any person who ought to have been joined or whose presence before the court is necessary to effectually and completely adjudicate upon and settle the questions involved in the proceedings be added.

(4) No person under legal disability shall be added as a Plaintiff suing without a guardian and no person shall be added as the guardian of a Plaintiff under legal disability without the consent in writing of the person to be added.

(5) Every person whose name is added as defendant shall be served with the originating processes or notice in such manner as may be prescribed by a Judge and the proceedings against such person shall be deemed to have begun on the service of such originating processes or notice.

17. (1) Any application to add or strike out or substitute or vary the name of a Plaintiff or defendant may be made to a Judge by motion.

(2) Where the application is to add a Plaintiff or a defendant, the application shall be accompanied by the statement of claim or defence as the case may be, all the exhibits intended to be used and the depositions of all the witnesses: Provided that where the application is to substitute a deceased party with another person the application may not be accompanied by the documents specified above.

18. Where a defendant is added or substituted, the originating process shall be amended accordingly and the Plaintiff shall, unless otherwise ordered by a Judge, file an amended originating process and cause the new defendant to be served in the same manner as the original defendant.

19. (1) Where it appears to a Judge that any person not a party in the proceedings may bear eventual liability, either in whole or in part, the Judge may, upon an ex-parte application, allow that person to be joined as a Third Party by any of the defendants. The application shall state the grounds for the applicant’s belief that such Third Party may bear eventual liability.

(2) The order of joinder and all existing processes shall be served on the Third Party within the time prescribed for delivering the defence.

20. Where a person is joined to any proceedings as a Third Party, the person may, after service of the order and all existing processes, enter appearance within 8 days, or within 30 days if the person resides or carries on business outside jurisdiction, or within such further time as a Judge may order

21. If a Third Party duly served with the order and all existing processes does not enter an appearance or makes default in filing any pleading, the Third Party shall be deemed to admit the validity of and shall be bound by any judgement given in the action, whether by consent or otherwise.

22. A party joined as a Third Party in any proceedings may join any other party in the same manner as the party was joined and the expression “Third Party” shall apply to and include every person so joined.

23. A Defendant may in the defence make a claim against a co-defendant

24. Any two or more persons claiming or alleged to be liable as partners and doing business within the jurisdiction may sue or be sued in the name of the firm, if any, of which they were partners when the cause of action arose and any party to an action may in such case apply to the Judge for a statement of the names and addresses of the persons who were partners in the firm when the cause of action arose, to be furnished in such manner, and verified on oath or otherwise as the Judge may direct.

25. (1) When an originating process is issued by partners in the name of their firm, the partners or their Legal Practitioners shall, on demand in writing by or on behalf of any defendant declare in writing the names and residential addresses of all the persons constituting the firm on whose behalf the action is brought.

(2) Where the Plaintiffs or their Legal Practitioners fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as a Judge may direct.

(3) Where the names of the partners are so declared, the suit shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as Plaintiffs in the originating process provided that the proceedings may continue in the name of the firm.

26. (1) Where persons are sued as partners in the name of their firm, they shall appear individually in their own names; but all subsequent proceedings shall continue in the name of the firm. (2) Where an originating process is served upon a person having the control or management of the partnership business, no appearance by the person shall be necessary unless the person is a member of the firm sued.

27. The above rules in this Part shall apply to proceedings between a firm and one or more of its partners and between firms having one or more partners in common, provided such firm or firms carry on business within the jurisdiction.

28. Any person carrying on business within the jurisdiction in a name or style other than the person’s own name may be sued in such name or style as if it were a firm name, and, so far as the nature of the case will permit, all rules relating to proceedings against firms shall apply.

29. No proceedings shall abate by reason of death or bankruptcy of any of the parties, if the cause of action survives and shall not become defective by the assignment, creation or devolution of any estate or title pendente lite, and, whether the cause or action survives or not, there shall be no abatement by reason of the death of either party between the finding on issues of fact and judgement, but judgement may in such case be entered notwithstanding the death.

30. (1) Where by reason of death or bankruptcy, or any other event occurring after the commencement of a proceedings and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the proceedings, it becomes necessary or desirable that any person not already a party should be made a party or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties and such new party or parties may be obtained ex parte upon an allegation of such change, or transmission of interest or liability, or of any such person interested having come into existence.

(2) An order obtained under this rule shall be served upon the continuing party or parties, or their Legal Practitioner(s) and also upon such new party unless the person making the application is the new party.

(3) Every person served who is not already a party to the proceedings shall, where applicable, enter an appearance thereto within the same time and in the same manner as if the person had been served with the originating process. The person shall thereupon be served with the originating and all existing processes.

(4) Any party served under this rule who was not already a party to the proceedings shall file the appropriate pleadings and other documents as if the person had been an original party in the proceedings.

31. In case of an assignment, creation or devolution of any estate or title pendente lite, the cause or matter may be continued by or against the person to or upon whom such estate or title has come or devolved.

32. Where any person who is under no legal disability or being under any legal disability but having a guardian in the proceedings is served with an order under Rule 30, such person may apply to a Judge to discharge or vary such order at any time within 14 days from the date of service of the order.

33. Where any person under any legal disability and not having a guardian in the proceedings is served with an order under Rule 30, such a person may apply to a Judge to discharge or vary such order at any time within 14 days from the appointment of a guardian for such party, and until such period of 14 days has expired, such order shall have no force, or effect as against the person under legal disability.

34. Where by these rules any act may be done by any party in any proceedings, such act may be done either by the party in person, or by the party’s Legal Practitioner, or by the party’s agent (unless an agent is expressly barred under these rules).

1. Subject to the following rules of this Order, the Plaintiff may unite in the same action several causes of action; but if it appears that they cannot be conveniently tried or disposed of together, a judge may order separate trials of any such causes of action or may make such order as may be necessary or expedient for the separate disposal thereof.

2. (1) An action for recovery of land may be joined with an action for declaration of title, mesne profit or arrears of rent, damages for breach of any contract under which the land or any part thereof is held, or for any wrong or injury to the premises.

(2) An action for foreclosure or redemption may be joined with a claim for delivery of possession of the mortgaged property and a claim for payment of principal money or interest secured by or any other relief in respect of the mortgage of or charge on such land.

3. Claims by or against an executor or administrator as such may be joined with claims by or against the executor or administrator personally provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the Plaintiff or defendant sues or is sued as executor or administrator.

4. Claims by Plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.

1. (1) Where by these rules any application is authorised to be made to a Judge, such application may be made by motion or summons which shall be supported by affidavit and shall state under what rule of Court or Law the application is brought.

(2) Every such application shall be accompanied by a written address in support of the relief sought.

(3) Where any party intends to oppose the application, that party shall within 7 days of the service of such application, file a written address and may accompany it with a counter affidavit.

(4) The applicant may, on being served with the written address of the opposing party, file and serve an address in reply on points of law within 7 days of being served. Where a counter affidavit is served, the applicant may file a further affidavit with the reply.

2. No motion or application for a rule nisi or order to show cause shall be made in any action.

3. (1) Except where an application ex-parte is required or permitted under any Law or Rules, every motion shall be on notice to the other party.

(2) No application for an injunction shall be made ex-parte unless the applicant files with it a motion on notice in respect of the application.

(3) An order of injunction made upon an application ex-parte shall abate after 7 days.

(4) A Judge may, upon application, extend the effective period of an order made ex parte if the Judge is satisfied that such extension is necessary in the interest of justice or to prevent an irreparable or serious mischief. The application for such an extension shall be made before abatement of the order and the extension shall not be for a period exceeding 7 days from the day the extension is granted.

4. (1) Every motion on notice to set aside, remit or enforce an arbitral award shall state in general terms the grounds of the application and where any such motion is founded on evidence by affidavit, a copy of any affidavit intended to be used shall be served with the notice of motion.

(2) The party relying on an award, on applying for its enforcement, shall supply:

(a) the duly authenticated original award or a duly certified copy thereof;

(b) the original arbitration agreement or a duly certified copy thereof.

(3) An award made by an arbitrator or a decision reached at the Multi-Door Court House may, by leave of a Judge, be enforced in the same manner as a judgement or order of Court.

(4) An application to set aside or remit any award may be made at any time within 6 weeks after such award has been made, and published to the parties.

5. Unless a Judge grants special leave to the contrary, there must be at least 2 clear days between the service of all processes in respect of a motion and the day named in the notice for hearing the motion.

6. If on the hearing of a motion or other application a Judge shall be of opinion that any person to whom notice has not been given ought to have had such notice, the Judge may either dismiss the motion or application or adjourn the hearing thereof in order that such notice may be given upon such terms, if any, as the Judge may deem fit to impose.

7. The hearing of any motion or application may from time to time be adjourned upon such terms, if any, as the Judge shall deem fit:

Provided that application for adjournment at the request of a party shall not be made more than two times.

8. A Plaintiff may file any application along with an originating process and may serve both on any defendant simultaneously.

9. Where the relationship of Legal Practitioner and client exists or has existed, a summons may be issued by the client or the client’s representative for the delivery of a cash account or the payment of moneys or the delivery of securities, and a Judge may from time to time order the respondent to deliver to the applicant a list of the moneys or securities in the custody or control of the respondent which are held on behalf of the applicant or to bring into court the whole or any part of the same, within such time as the Judge may order. In the event of the respondent alleging that the respondent has a claim for costs, the Judge may make such provision for the taxation and the payment or security thereof or the protection of the respondent’s lien, if any, as the Judge may deem fit.

10. If during the taxation of any bill of costs or the taking of any account between Legal Practitioner and client, it shall appear to the taxing officer that there must in any event be moneys due from the Legal Practitioner to the client, the taxing officer may from time to time make an interim certificate as to the amount so payable by the Legal Practitioner. Upon the filing of such certificate, a Judge may order the moneys so certified to be forthwith paid to the client or brought into Court.

1. Upon any motion, petition, summons or other application, evidence may be given by affidavit, but the Judge may, suo motu or on application, order the attendance for cross-examination of the deponent and where, after such an order has been made the deponent does not attend, the deponent’s affidavit shall not be used as evidence save by special leave.

2. Every affidavit shall bear the title in the cause or matter in which it is sworn but in every case in which there is more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant respectively, and that there are other plaintiffs or defendants, as the case may be.

3. The Judge may receive any affidavit sworn for the purpose of being used in any cause or matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

4. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the Judge.

5. Except by leave of the Judge no order made ex-parte in court founded on any affidavit shall be of any force unless the affidavit on which the application was based was made before the order was applied for, and produced or filed at the time of making the application.

6. The party intending to use any affidavit in support of any application made by the party shall give notice to the other parties concerned.

7. Every alteration in any account verified by affidavit shall be marked with the initials of the Commissioner before whom the affidavit is sworn and such alterations shall not be made by erasure.

8. Accounts, extracts from registers, particulars of creditors’ debt, and other documents referred to by affidavit, shall not be annexed to the affidavit or referred to as annexed, but shall be referred to as exhibits.

9. Every certificate on an exhibit referred to in an affidavit signed by the commissioner before whom the affidavit is sworn shall be marked with the short title of the cause or matter.

10. The provisions of Sections 79 to 90 of the Evidence Act, which set out provisions governing affidavits, shall be applicable under these Rules.

1. (1) A statement of claim shall include the relief or remedy which a Plaintiff claims to be entitled to. Filing of Statement of defence.

(2) A defendant shall file a statement of defence, set off or counter-claim, if any, not later than 21 days after service on the defendant of the Plaintiff’s originating process and accompanying documents. A counter-claim shall have the same effect as a cross action, so as to enable the court pronounce a final judgement in the same proceedings. A set-off must be specifically pleaded.

Filing of Reply.

(3) A plaintiff shall, within 14 days of service of the statement of defence and counter-claim, if any, file a reply, if any, to such defence or counter-claim:

Provided that where a defendant sets up a counter-claim, if a Plaintiff or any other person named as party to such counter-claim contends that the claim thereby raised ought not to be disposed of by way of counter-claim, but in an independent proceedings, a Judge may, at any time, order that such counter-claim be excluded.

2. Every pleading shall contain a statement in a summary form of the material facts on which the party pleading relies for the claim or defence, as the case may be, but not the evidence by which they are to be proved and shall, when necessary be divided into paragraphs numbered consecutively. Dates, sums and numbers shall be expressed in figures. Pleadings shall be signed by a Legal Practitioner or by the party if the party sues or defends in person.

3. (1) In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence and in all other cases, in which particulars may be necessary, particulars (with dates and items, if necessary) shall be stated in the pleadings.

(2) In an action for libel or slander, if the Plaintiff alleges that the words or matter complained of were used in a defamatory sense other than their ordinary meaning, the plaintiff shall give particulars of the facts and matters on which the plaintiff relies in support of the allegation.

4. An application for a further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleadings requiring particulars shall be made to a Judge at the first pre-trial conference. The Judge may grant such application upon such terms as may be just.

5. (1) Every allegation of fact in any pleadings if not specifically denied in the pleadings of the opposite party shall be taken as admitted except as against a person under legal disability.

(2) A general denial in any pleadings shall not operate as denial of any specific fact in the pleadings of the opposing party.

6. Each party shall specify distinctly in the party’s pleadings any condition precedent, the performance or occurrence of which is intended to be contested.

7. (1) All grounds of defence or reply which makes an action not maintainable or if not raised will take the opposite party by surprise or will raise issues of facts not arising out of the preceding pleadings shall be specifically pleaded.

(2) A party shall specifically plead any ground which makes a transaction void or voidable or such matters as fraud, Limitation Law, release, payment, performance, facts showing insufficiency in contract or illegality either by an enactment or by common law.

8. A party may, by the pleadings, join issues upon the pleadings of the opposing party and such joinder of issues shall operate as a denial of every material allegation of fact in the pleadings upon which issue is joined except any fact which the party may be willing to admit.

9. Where the contents of any document are material it shall be sufficient in any pleadings to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

10. Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice or the circumstances from which such notice is to be inferred are material.

11. Where any contract or any relation between any persons is to be implied from a series of letters or conversations, or otherwise from a number of circumstances, it shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations or circumstances without setting them out in detail. If in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, the person may state the same in the alternative.

12. A party may not allege in any pleadings any matter or fact the law presumes in the party’s favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied.

13. In every case in which the cause of action is a stated or settled account, the same shall be alleged with particulars but in every case in which a statement of account relied on by way of evidence or admission of any other cause of action which is pleaded, the same shall not be alleged in the pleadings.

14. No technical objection shall be raised to any pleadings on the ground of any alleged want of form.

15. A Judge may, at the pre-trial conference, in any proceedings order to be struck out or amended, any matter in any endorsement or Pleadings which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the action; and may in any such case, if the Judge shall deem fit, order costs of the application to be paid as between Legal Practitioner and client.

16. (1) Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.

(2) Where in an action for libel or slander the defendant pleads that any of the words or matters complained of are fair comment on a matter of public interest or were published upon a privileged occasion, the Plaintiff shall, if he intends to allege that the defendant was actuated by express malice, deliver a reply giving particulars of the facts and matters from which such malice is to be inferred.

(3) Where in an action for libel or slander the defendant alleges that in so far as the words complained of consist of statement of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to the like effect, the defendant shall give particulars stating which of the facts and matters are relied upon in support of the allegation that the words are true.

17. (1) A Judge may, at any stage of the proceedings, order to be struck out or amended any pleadings or the indorsement of any writ in the action, or anything in any pleadings or in the indorsement on the ground that:

(a) it discloses no reasonable cause of action or defence as the case may be; or

(b) it is scandalous, frivolous or vexatious; or

(c) it may prejudice, embarrass or delay the fair trial of the action or

(d) it is otherwise an abuse of the process of the Court:

and may order the action to be stayed or dismissed or judgement to be entered accordingly, as the case may be.

(2) No evidence shall be admissible upon an application under paragraph (1)(a) of this rule.

(3) This rule shall, so far as applicable, apply to an originating summons and a petition as if the summons or petition, as the case may be, were a pleading.

(4) No proceedings shall be open to objection on the ground that only a declaratory judgement or order is sought thereby, and a Judge may make a binding declaration of right whether any consequential relief is or could be claimed or not.

18. (1) Where a pleading subsequent to reply is not ordered, then, at the expiration of 7 days from the service of the defence or reply (if a reply has been filed) pleadings shall be deemed closed.

(2) Where a pleading subsequent to reply is ordered, and the party who has been ordered or given leave to file the same fails to do so within the period limited for that purpose, then, at the expiration of the period so limited the pleadings shall be deemed closed:

Provided that this rule shall not apply to a defence to Counter-claim, and unless the plaintiff files a defence to counter-claim, the statements of fact contained in such counter-claim shall, at the expiration of 14 days from the service thereof or of such time (if any) as may by order be allowed for filing of a defence thereto, be deemed to be admitted, but the Judge may at any subsequent time give leave to the plaintiff to file a defence to counter-claim.

1. (1) Every statement of claim, defence or counter claim shall state specifically the relief claimed either singly or in the alternative, and it shall not be necessary to ask for general or other relief, which may be given as a Judge may think just as if it had been asked for.

(2) Where the Plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly. The same rule shall apply where the defendant relies upon several distinct ground of defence, set-off or counter-claim founded upon separate and distinct facts.

2. Whenever a statement of claim is filed, the Plaintiff may alter, modify or extend the claim therein without any amendment of the indorsement of the writ:

Provided that the Plaintiff may not completely change the cause of action indorsed on the writ without amending the writ.

1. The statement of defence shall be a statement in summary form, and shall be supported by

(a) list of witnesses to be called at the trial.

(b) Depositions of the witnesses, and

(c) Copies of every document to be relied upon at the trial.

2. A defendant shall, within 21 days of service of the originating process and the accompanying documents on the defendant, deliver to the Plaintiff a statement of defence, along with the documents prescribed in rule 1 of this Order.

3. (1) Where a party in any pleading denies an allegation of fact in the pleading of the opposite party, the denial shall not be done evasively, but the party shall answer the point of substance.

(2) Where an allegation is made with diverse circumstances, it shall not be sufficient to deny the allegation along with those circumstances, but a full and substantial answer shall be given.

4. (1) In an action for debt or liquidated demand in money, a mere denial of the debt shall not be sufficient defence.

(2) In an action for money had and received, a defence in denial must deny the receipt of the money or the existence of those facts which are alleged to make such receipt by the defendant a receipt to the use of the Plaintiff.

(3) In an action for goods sold and delivered, the defence must deny the order or contract, the delivery, or the amount claimed.

(4) In an action upon a bill of exchange, promissory note or cheques, a defence in denial must deny some matter of fact, e.g. the drawing, making, indorsing, accepting, presenting or notice of dishonour of the bill or note.

5. If either party wishes to deny the right of any other party to claim as executor, or a trustee or if any representative or other alleged capacity, or the alleged constitution of any partnership firm, he shall deny the same specifically.

6. No denial or defence shall be necessary as to damages claimed or their amount as they are deemed to be in issue in all cases, unless expressly admitted.

7. Where any defendant seeks to rely upon any ground as supporting a right of set-off or counter claim, the defendant shall, in the defence, state specifically that the ground is relied upon by way of set off or counter-claim as the case may be, and the particulars of the set off or counter-claim shall be given.

8. Where a defendant by a defence sets up any counter-claim which raises questions between the defendant and the Plaintiff along with any other persons, the defendant shall add to the title of the defence a further title similar to the title in a statement of claim, setting forth the names of all persons who, if such counter-claim were to be enforced by cross action, would be defendant to such cross action, and shall deliver the defence to such of them as are parties to the action within the period which the defendant is required to deliver the defence to the Plaintiff.

9. Where any such person as in Rule 8 of this Order is not a party to the action, the person shall be summoned to appear by being served with a copy of the defence and counter-claim, and such service shall be regulated by the same rules as those governing the service of the originating process, and every defence and counter-claim so served shall be indorsed in form 13 with such modifications or variations as circumstances may require.

10. Any person not already a party to the action, who is served with a defence and counter-claim as aforesaid, must appear thereto as if the person had been served with an originating process to appear in an action.

11. Any person not already a party to the action, who is named in a defence as a party to a counter-claim thereby made, shall deliver a defence in a mode and manner prescribed under this Order and the provisions of the Order shall apply to such a person.

12. If, in any case in which the defendant sets up a counterclaim, the action of the Plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.

13. Where in an action a set off or counter-claim is established as a defence against the Plaintiff’s claim, the Judge may, if the balance is in favour of the defendant, give judgement for the defendant for such balance, or may otherwise adjudge to the defendant such relief as the defendant may be entitled to upon the merits of the case.

14. (1) Any ground of defence which arises after the action has been filed, but before the defendant has delivered a defence, and before the time limited for doing so has expired, may be raised by the defendant in the defence, either alone or together with other grounds of defence.

(2) If after a defence has been delivered along with a set-off or counter-claim, any basis for answer or ground of defence arises to any such set-off or counter-claim respectively, it may be raised by the plaintiff in the reply (in the case of a set-off) or defence to counter-claim, either alone or together with any other ground of reply or defence to counter-claim.

15. (1) Where any ground of defence arises after the defendant has delivered a defence, or after the time limited for delivering a defence has expired, the defendant may within 8 days after such ground of defence has arisen, or at any subsequent time by leave of a judge, deliver a further defence setting forth that ground of defence.

(2) Where any ground of defence to any set-off or counter-claim arises after reply or after the time limited for delivering a reply has expired, the Plaintiff may within 8 days after such ground of defence has arisen, or at any subsequent time by leave of a Judge, deliver a further defence setting forth that ground of defence.

16. Whenever in a defence or in any further defence pursuant to Rule 15 of this Order, the defendant alleges any ground of defence which has arisen after the commencement of the action, the Plaintiff may concede to such defence (which concession may be in Form 12 with such modifications as circumstances may require) and may thereupon obtain judgement up to the time of the pleading of such defence, unless the Judge either before or after the delivery of such concession otherwise orders.

17. Where the plaintiff desires to make a reply, the plaintiff shall file it within 7 days from the service of the defence.

1. A party to a proceeding may give notice by the party’s pleadings or otherwise in writing, that the party admits the truth of the whole or any part of the case of any other party..

2. (1) Either party may, not later than 7 days before the first pre-trial conference, by notice in writing filed and served, require any other party to admit any document and the party so served shall, not later than 4 days after service, give notice of admission or non-admission of the document, failing which the party so served shall be deemed to have admitted the document, unless a Judge otherwise orders.

(2) When a party decides to challenge the authenticity of any document, the party shall, not later than 7 days of service of that document, give notice that the party does not admit the document, and require the document to be proved at the trial.

(3) Where a party gives notice of non-admission and the document is proved at the trial, the cost of proving the document, which shall not be less than a sum of five thousand naira, shall be paid by the party who has challenged it, unless at the trial or hearing the Judge shall certify that there were reasonable grounds for not admitting the authenticity of the document.

3. (1) Either party may, not later than 7 days before the first pre-trial conference, by notice in writing filed and served require any other party to admit any specific fact or facts mentioned in the notice, and the party so served shall, not later than 4 days after service, give notice of admission or non-admission of the fact or facts failing which the party so served shall be deemed to have admitted the fact or facts, unless a Judge otherwise orders.

(2) Any admission made pursuant to such notice shall be deemed to be made only for the purposes of that particular proceeding and not as an admission to be used against the party or any other party than the party giving the notice.

(3) Where there is a refusal or neglect to admit the fact or facts within 4 days after service of such notice or within such further time as may be allowed by the Judge, the cost of proving such fact or fact, which shall not be less than a sum of five thousand naira, shall be paid by the party so refusing or neglecting whatever the result of the proceedings, unless the Judge certifies that the refusal to admit was reasonable or unless the Judge at any time otherwise orders or directs.

4. A Judge may, on application, at a pre-trial conference or at any other stage of the proceedings where admissions of facts have been made, either on the pleadings or otherwise, make such orders or give such judgement as upon such admissions a party may be entitled to, without waiting for the determination of any other question between the parties.

5 . Where a notice to admit or produce comprises documents that are not necessary, the costs occasioned thereby, which shall not be less than five thousand naira, shall be borne by the party giving such notice.

1. If the claim is only for a debt or liquidated demand, and the defendant does not, within the time allowed for the purpose, file a defence, the Plaintiff may, at the expiration of such time, apply for final judgement for the amount claimed with costs.

2. When in any such action as in Rule 1 of this Order there are several defendants, if one or more of them make default as mentioned in Rule 1 of this Order, the plaintiff may apply for final judgment against the defendant or defendants making default and issue execution upon such judgement without prejudice to the Plaintiffs right to proceed with the action against the other defendant or defendants.

3. If the Plaintiff’s claim be for pecuniary damages or for detention of goods with or without a claim for pecuniary damages only, and the defendant or all the defendants, if more than one, make default as mentioned in Rule 1 of this Order, the Plaintiff may apply to a Judge for interlocutory judgement against the defendant or defendants and the value of the goods and the damages, or the damages only as the case may be, shall be ascertained in any way which the Judge may order.

4. When in any such action as in Rule 3 of this Order there are several defendants, if one or more of them make default as mentioned in Rule 1 of this Order, the Plaintiff may apply to a Judge for interlocutory judgement against the defendant or defendants so making default and proceed with the action against the others. In such case, the value and amount of damages against the defendant or defendants making default shall be assessed at the trial of the action or issues therein against the other defendants, unless the Judge shall otherwise order.

5. Where the claim is for debt or liquidated demand and also for pecuniary damages or for detention of goods with or without a claim for pecuniary damages and includes a liquidated demand and any defendant makes default as mentioned in Rule 1, the Plaintiff may apply to a Judge for final judgement for the debt or liquidated demand, and may also apply for interlocutory judgement for the value of the goods and damages, or the damages only as the case may be, and proceed as mentioned in Rules 3 and 4 of this Order.

6. In an action for the recovery of land, if the defendant makes default as mentioned in Rule 1, the Plaintiff may apply for judgement that the person whose title is asserted in the writ of summons shall recover possession of the land with costs.

7. Where the Plaintiff has indorsed a claim for mesne profits or arrears of rent in respect of the premises claimed, or any part of them or damages for breach of contract or wrong or injury to the premises claimed upon a writ for the recovery of land, if the defendant makes default as mentioned in Rule 1, or if there be more than one defendant some or one of the defendants make such default, the Plaintiff may apply for final judgement against the defaulting defendant or defendants and proceed as mentioned in Rules 3 and 4 of this Order.

8. If the Plaintiff’s claim is for a debt or liquidated demand or for pecuniary damages only, or for detention of goods with or without a claim for pecuniary damages, or for any such matters, or for the recovery of land, and the defendant files a defence which purports to offer an answer to part only of the Plaintiffs alleged cause of action, the Plaintiff may apply for judgement, final or interlocutory, as the case may be, for the part unanswered:

Provided that the unanswered part consists of a separate cause of action or is severable from the rest, as in the case of part of a debt or liquidated demand:

Provided also that where there is a counterclaim, execution on any such judgement as above mentioned in respect of the Plaintiff’s claim shall not issue without leave of the Judge.

9. In all actions other than those in the preceding rules of this Order, if the defendant makes default in filing a defence, the Plaintiff may apply to a Judge for judgement, and such judgement shall be given upon the statement of claim as the Judge shall consider the Plaintiff to be entitled to.

10. Where in any such action as mentioned in Rule 9 of this Order, there are several defendants, if one of such defendants makes such default as aforesaid, the Plaintiff may apply for judgement against the defendant so making default, and proceed against the other defendants.

11. In any case in which issues arise in a proceeding other than between Plaintiff and defendant, if any party to any such issue makes default in filing any pleading, the opposite party may apply to a Judge for such judgement, if any, as upon the pleadings the party may appear to be entitled to, and the Judge may order judgement to be entered accordingly or may make such other order as may be necessary to do justice between the parties.

12. Any judgement by default, whether under this Order or under any Order of these Rules, shall be final and remain valid and may only be set aside upon application to a Judge on grounds of fraud, non-service or lack of jurisdiction upon such terms as the court may deem fit.

1. (1) Where after service in any proceeding for debt or damages, a defendant envisages an intention to pay money into court in respect of the proceeding, the defendant shall notify the Chief Registrar who will thereupon direct the defendant to pay the money into an interest yielding account in a commercial bank and the defendant shall file the teller for such payment with the Chief Registrar.

(2) Where a teller for payment is filed under sub-rule 1, the Chief Registrar, shall forthwith give notice of the payment to the plaintiff who may apply to a Judge for an order to withdraw the amount so paid.

(3) Where a defence of tender before action is set up, the sum of money alleged to have been tendered shall be brought into Court.

(4) The defendant may, without leave, give a written notice to the Chief Registrar of an intention to increase the amount of any sum paid into Court.

(5) Where the money is paid into Court in satisfaction of one or more of several causes of action, the notice shall specify the cause of action in respect of which payment is made and the sum paid in respect of each such cause of action unless a Judge otherwise directs.

(6) The notice shall be in Form 13 with such modifications or variations as circumstances may require. The receipt of the notice shall be acknowledged in writing by the Plaintiff within 3 days. The notice may be modified or withdrawn or delivered in an amended form by leave of a Judge upon such terms as may be just.

(7) Where money is paid into Court with denial of liability, the Plaintiff may proceed with the action in respect of the claim and if the plaintiff succeeds, the amount paid shall be applied so far as is necessary in satisfaction of the claim, and the balance, if any, shall, on the order of a Judge, be repaid to the defendant. Where the defendant succeeds in respect of such claim, the whole amount paid into court shall be repaid to the defendant on the order of a Judge.

2. (1) Where money is paid into Court under Rule 1, the plaintiff, within 14 days of the receipt of the notice of payment into Court, or where more than one payment into Court has been made, within 14 days of the receipt of the notice of the last payment into Court, accept the whole sum or any one or more of the specific sum in satisfaction of the cause or causes of action to which the specified sum or sums relate by giving notice to the defendant in Form 14 with such modifications or variations as circumstances may require and thereupon shall be entitled to receive payment of the accepted sum or sums in satisfaction as aforesaid.

(2) Payment shall be made to the Plaintiff or, on the Plaintiff’s written authority, to the Plaintiff’s Legal Practitioner and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed.

(3) If the Plaintiff accepts money paid into court in satisfaction of the claim, or accepts a sum or sums paid in respect of one or more specified causes of action, and gives notice of abandoning the other causes of action, the plaintiff may after 4 days from payment out and unless a Judge otherwise orders, tax the plaintiff’s costs incurred to the time of payment into court, and 48 hours after taxation may sign judgement for the taxed costs.

(4) Where in an action for libel or slander, the Plaintiff accepts money paid into court, either party may apply by summons to a Judge for leave for the parties or either of them to make a statement in open court in terms approved by the Judge.

3. If the whole of the money in court is not taken out under Rule 2, the money remaining in court shall not be paid out except in satisfaction of the claim or specified cause or causes of action in respect of which it was paid in pursuance of an order of a Judge which may be made at any time before, at or after trial.

4. (1) Money may be paid into court under Rule 1 of this Order by one or more of several defendants sued jointly or in the alternative upon notice to the other defendant or defendants.

(2) If the Plaintiff elects within 14 days after receipt of notice of payment into court to accept the sum or sums paid into Court, the Plaintiff shall give notice as in Form 15 with such modifications or variations as circumstances may require to each defendant and thereupon all further proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall abate.

(3) The money shall not be paid out except in pursuance of an order of a judge dealing with the whole cause or causes of action.

(4) In an action for libel or slander against several defendants sued jointly, if any defendant pays money into court, the plaintiff may, within 14 days, elect to accept the sum paid into court in satisfaction of the claim against the defendant making the payment and shall give notice to all the defendants as in Form 14 with such modifications or variations as circumstances may require. The Plaintiff may tax the costs against the defendant who has made such payment in accordance with Rule 2(3) of this Order and the action shall abate against that defendant.

(5) The Plaintiff may continue with the action against any other defendant but the sum paid into court shall be set off against any damages awarded to the Plaintiff against the defendant or defendants against whom the action continued.

5. A person made a defendant to a counter-claim may pay money into court in accordance with the foregoing rules, with necessary modifications.

6. (1) In any proceeding in which money or damages is or are claimed by or on behalf of a person under legal disability suing either alone or in conjunction with other parties, no settlement or compromise or payment or acceptance of money paid into court, whether before, at or after the trial, shall, as regards the claims of any such person, be valid without the approval of a Judge.

(2) No money (which expression for the purposes of this Rule includes damages) in any way recovered or adjudged or in respect of the claims of any such person under legal disability whether by judgement, settlement, compromise, payment into court or otherwise, before, at or after the trial shall be paid to the plaintiff or to the guardian of the Plaintiff or to the plaintiff’s Legal Practitioner unless a Judge shall so direct.

(3) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Judge shall direct. The directions thus given may include any general or special directions that the judge may deem fit to give, including directions on how the money is to be applied or dealt with and as to any payment to be made either directly or out of money paid into court to the Plaintiff or to the guardian in respect of moneys paid or expenses incurred or for maintenance or otherwise for or on behalf of or for the benefit of the person under legal disability or otherwise or to the Plaintiff’s Legal Practitioner in respect of costs or of the difference between party and party and Legal Practitioner and client costs.

7. Every application for the withdrawal of any money under this Order shall be made ex-parte.

1. No demurrer shall be allowed.

2. (1) Any party may, by that party’s pleading, raise any point of law, and the judge may dispose of the point so raised before, at or after the trial.

Decision on points raised.

(2) If in the opinion of the Judge, the decision on such point of law substantially disposes of the whole proceedings or of any distinct part thereof, the Judge may make such decision as may be just.

1. (1) The Plaintiff may, at any time before receipt of the defence or after the receipt thereof, before taking any other proceeding in the action, by notice in writing duly filed and served, wholly discontinue the claim against all or any of the defendants or withdraw any part or parts of the claim. The Plaintiff shall thereupon pay such defendant’s costs of the action, or if the action be not wholly discontinued, the costs, occasioned by the matter so withdrawn.

(2) A discontinuance or withdrawal as the case may be, shall not be a defence to any subsequent claim.

(3) Where a Plaintiff has, after receipt of the defence taken further action, the Plaintiff may, with the leave of the Judge, discontinue the proceedings or any part thereof on such terms and conditions as the Judge may order.

(4) Where proceedings have been stayed or struck out upon a Plaintiff’s withdrawal or discontinuance under this Order, no subsequent claim shall be filed by that Plaintiff on the same or substantially the same facts until the terms imposed on the Plaintiff by the judge have been fully complied with.

(5) The Judge may, upon the application of a defendant, order the whole or any part of the alleged grounds of defence or counter-claim to be withdrawn or struck out, upon such terms and conditions as the Judge may order.

2. When a cause is ready for trial, it may be withdrawn by either Plaintiff or defendant upon producing to the Registrar a consent in writing signed by the parties, and thereupon a judge shall strike out the matter without the necessity of attendance of the parties or their Legal Practitioners.

1. A party may, upon an application, amend the originating process and pleadings at any time before the close of pre-trial conference and not more than twice during the trial but before closing the case.

2. No amendment shall be sought to introduce or raise any new ground of claim or contain any allegation of fact inconsistent with the pleadings of a party.

3. Any application to amend shall be made to a Judge. Such application shall be supported by the proposed amendment, and the amendment may be allowed upon such terms as to costs or otherwise as may be just.

4. Where any originating process and/or a pleading is to be amended, a list of any additional witness to be called together with the depositions of the witness and copy or copies of any document or documents to be relied upon consequent on such amendment shall be filed with the application.

5. If a party who has obtained an order to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited, then within 7 days from the date of the order, such party shall pay an additional fee of N200.00 (two hundred naira) for each day of default.

6. Wherever any originating process or pleading is amended, a copy of the document as amended shall be filed in the Registry and additional copies served on all the parties to the action.

7. Subject to the provisions of Rule 1 of this Order, a Judge may at any time and on such terms as to costs or otherwise as may be just, amend any defect or error in any proceedings.

1. (1) Within 14 days after close of pleadings, the Plaintiff shall apply for the issuance of a pre-trial Conference Notice.

(2) Upon application by the Plaintiff under sub-rule 1 above, the Judge shall cause to be issued to the parties and their Legal Practitioners (if any) a pre-trial conference notice as in Form 16 accompanied by a pre-trial information sheet as in Form 17 for the purposes set out hereunder:

(a) consideration of the legibility or otherwise of the processes filed by the parties in the action, and giving such directions as the Judge may deem fit.

(b) disposal of non-contentious matters which must or can be dealt with on interlocutory applications;

(c) giving such directions as to the future course of the action as appear best adapted to secure its just, expeditious and economical disposal;

(d) promoting amicable settlement of the case or adoption of alternative dispute resolution.

(3) If the Plaintiff does not make the application in accordance with sub-rule 1 of this rule, the defendant may do so or apply for an order to dismiss the action.

2. At the pre-trial conference, the Judge shall enter a scheduling Order for:

(e) joining other parties;

(f) amending pleadings or other processes;

(g) filing motions;

(h) further pre-trial conferences;

(i) any other matter appropriate in the circumstances of the case.

3. At the pre-trial conference, the Judge shall consider and take appropriate action with respect to such of the following (or aspects of them) as may be necessary or desirable:

(a) formulation and settlement of issues;

(b) amendments and further and better particulars;

(c) the admissions of facts, and other evidence by consent of the parties;

(d) control and scheduling of discovery, inspection and production of documents;

(e) narrowing the field of dispute between expert witnesses, by their participation at pre-trial conference or in any other manner;

(f) eliciting preliminary objections on point of law;

(g) hearing and determination of non-contentious motions;

(h) giving orders or directions for separate trial of a claim, counter-claim, set-off, cross-claim or third party claim or of any particular issue in the case;

(i) settlement of issues, inquiries and accounts under Order 28;

(j) securing statement of special case of law or facts under Order 29;

(k) determining the form and substance of the pre-trial order;

(l) such other matters as may facilitate the just and speedy disposal of the action.

4. The pre-trial conference or series of pre-trial conferences with respect to any case shall be completed within 45 days of close of pleadings, and the parties and their Legal Practitioners shall co-operate with the judge in working within this timetable. As far as practicable, pre-trial conferences shall be held from day to day or adjourned only for purposes of compliance with pre-trial conference orders.

5. After a pre-trial conference or series of pre-trial conferences, the Judge shall issue a Report. This Report shall guide the subsequent course of the proceedings unless modified by the trial Judge.

6. If a party or the party’s Legal Practitioner fails to attend the pre-trial conference or obey a scheduling or pre-trial order or is substantially unprepared to participate in the conference or fails to participate in good faith, the Judge shall:

(a) in the case of the Plaintiff dismiss the claim;

(b) in the case of the defendant enter final judgement against the defendant.

Any Judgement given under this rule may be set aside upon an application made within 7 days of the judgement or such other period as the Pre-trial Judge may allow not exceeding the pre-trial conference period. The application shall be accompanied by an undertaking to participate effectively in the pre-trial conference.

7. The Judge shall direct the pre-trial conference with due regard to its purposes and agenda as provided under this order, and shall require parties or their Legal Practitioners to co-operate with the Judge effectively in dealing with the conference agenda.

1. In any cause or matter, the Plaintiff or defendant may deliver interrogatories in writing for the examination of the opposite parties or anyone or more of such parties and such interrogatories when delivered shall have a note at the end of it stating which of the interrogatories each person is required to answer. Interrogatories shall be delivered with 7 days of close of pleadings and shall form part of the agenda of pre-trial conference

2. Interrogatories shall be in form 18 with such modifications or variations as circumstances may require.

3. If any party to a cause or matter is a limited or unlimited company, body corporate, firm, enterprise, friendly society, association or any other body or group of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may deliver interrogatories to any member or officer of such party.

4. Any objection to answering anyone or more of several interrogatories on the ground that it is or they are scandalous or irrelevant may be taken in the affidavit in answer at the pre-trial conference.

5. Interrogatories shall be answered by affidavit to be filed within 7 days, or within such other time as the Judge may allow. Two copies of the affidavit in answer shall be supplied to the Registrar.

6. An affidavit in answer to interrogatories shall be in Form 19 with such modifications or variations as circumstances may require.

7. If any person interrogated omits to answer or answers insufficiently, the pre-trial Judge shall, on application, issue an order requiring the person to answer or to answer further as the case may be.

8. (1) Any party may in writing request any other party to any cause or matter to make discovery on oath of the documents that are or have been in the party’s possession, custody, power or control, relating to any matter in question in the case. Request for discovery shall be served within 7 days of close of pleadings and shall form part of the agenda of pre-trial conference. The party on whom such a request is served shall answer on oath completely and truthfully within 7 days of the request and it shall be dealt with at pre-trial conference.

(2) Every affidavit in answer to a request for discovery of documents shall be accompanied by office copies of documents referred to therein.

(3) The affidavit to be made by any person in answer to a request for discovery of documents shall specify which, if any, of the listed documents the person objects to producing, stating the grounds of the objection, and it shall be in Form 20 with such modifications or variations a circumstance may require.

9. (1) Any process to be filed after the pre-trial conference shall be accompanied by copies of documents referred to in the process.

(2) Where a process filed is not accompanied by a document referred to therein the Judge may, on application, strike out the process.

10. (1) Where any document required to be attached to any process or produced under this or any other rule is a business book, the Judge may, upon application, order a copy of any entry therein to be furnished and verified in an affidavit. Such affidavit shall be made by a person who keeps the book or under whose supervision the book is kept.

(2) Notwithstanding that a copy has been supplied, the Judge may order inspection of the book from which the copy was made.

(3) The Judge may, upon application, whether or not an affidavit of document has been ordered or filed, make an order requiring any party to state by affidavit whether any particular document or any class of documents is or has at any time been in the party’s possession, custody, power or control, when the party parted with the same and what has become of it.

11. An order for interrogatories or discovery or inspection made against any party if served on the party’s Legal Practitioner shall be sufficient service to found an application for attachment of a party for disobedience to the order.

12. A Legal Practitioner upon whom an order against any party for interrogatories or discovery or inspection is served under the last preceding Rule, who neglects without reasonable excuse to give notice thereof to the party, shall be liable to attachment.

13. Any party may, at the trial of a cause, matter or issue, use in evidence anyone or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer:

Provided that the Judge may look at the whole of the answers and order that any of them may be put in.

14. In any action against or by a Sheriff in respect of any matters connected with the execution of that office, a Judge may, on application of either party, order that the affidavit to be made in answer either to interrogatories or to any order for discovery shall be made by the officer actually concerned.

15. This Order shall apply to persons under legal disability and their guardians.

1. (1) In all proceedings, issues of facts in dispute shall be defined by each party and filed within 7 days after close of pleadings.

(2) If the parties differ on the issues, the pre-trial Judge may settle the issues.

2. In any legal proceeding, the Judge may at any time order the whole cause or matter or any question or issue of facts arising therein, to be tried before an official referee or officer of the Court, notwithstanding that it may appear that there is a special or other relief sought or some special issue to be tried, as to which it may be proper that the cause or matter should proceed in the ordinary manner.

3. In any case in which a matter is referred to a referee, the Court shall furnish the referee with such part of the proceedings and such information and detailed instructions as may appear necessary for the referees’ guidance, and shall direct the parties if necessary to attend upon the referee during the inquiry.

4. The referee may, subject to the order of the Judge, hold the inquiry at or adjourn it to any place which may seem most expedient, and have any inspection or view which the referee may deem expedient for the disposal of the controversy before the referee. The referee shall, so far as practicable, proceed with the inquiry from day to day.

5. (1) Subject to any order made by the Judge ordering the inquiry, evidence shall be taken at any inquiry before a referee, and be enforced by the Judge in the same manner as such attendance may be enforced before the Court; and every such inquiry shall be conducted in the same manner or as nearly as circumstances will admit as trials before a Court.

(2) The referee shall have the same authority in the conduct of any inquiry as a Judge when presiding at any trial.

(3) Nothing in these rules shall authorise any referee to commit any person to prison or to enforce any order by attachment or otherwise; but the Judge may, in respect of matters before a referee, make such order of attachment or commitment as the Judge may, consider necessary.

6. (1) The report made by a referee in pursuance or a reference under this Order shall be made to the Judge and notice thereof served on the parties to the reference.

(2) A referee may, by the referee’s report, submit any question arising therein for the decision of the Judge or make a special statement of facts from which the Judge may draw such inferences as the Judge deems fit.

(3) On the receipt of a referee’s report, the judge may;

(a) adopt the report in whole or in part;

(b) vary the report;

(c) require an explanation from the referee;

(d) remit the whole or any part of the question or issue originally referred to the referee for further consideration by the referee or any other referee;

(e) decide the question or issue originally referred to the referee on the evidence taken before the referee either with or without additional evidence.

(4) When the report of the referee has been made, an application to vary the report or remit the whole or any part of the question or issue originally referred may be made on the hearing by the Judge of the further consideration of the cause or matter, after giving not less than 4 days’ notice thereof, and any other application with respect to the report may be made on that hearing without notice.

(5) Where on a reference under this Order a Judge orders that the further consideration of the cause or matter in question shall not stand adjourned until the receipt of the referee’s report, the order may contain directions with respect to the proceedings on the receipt of the report and the foregoing provisions of this rule shall have effect subject to any such directions.

7. The Judge may order or direct an account to be taken or by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account, the books of accounts in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of their contents, with liberty to the interested parties to object.

8. Where any account is directed to be taken, the accounting party shall make out the account and verify the same by affidavit. The items on each side of the account shall be numbered consecutively, and the account shall be referred to by the affidavit as an exhibit and left in the Registry.

9. Upon the taking of any account, the Judge may direct that the voucher be produced at the chambers of the accounting party’s Legal Practitioner or at any other convenient place and that only such items as may be contested or surcharged shall be brought before the Judge.

10. Any party seeking to charge any accounting party beyond what the accounting party has by the account admitted to have received, shall give notice to the accounting party, stating the amount sought to be charged with particulars.

11. Where by any judgement or order any accounts are directed to be taken or inquiries to be made, each such direction shall be numbered so that, as far as may be, each distinct account and inquiry may be designated by a number and such judgement or order shall be in Form 21 with such modifications or variations as the circumstances of the case may require.

12. In taking any account directed by any judgement or order, all just allowances shall be made without any direction for that purpose.

13. If it shall appear to the Judge that there is any undue delay in the prosecution of any proceedings, the Judge may require the party having the conduct of the proceedings or any other party, to explain the delay and may thereupon make such order with regard to expediting the proceedings or the conduct thereof, or the stay thereof and as to the costs of the proceedings as the circumstances of the case may require; and for the purposes aforesaid any party may be directed to summon the persons whose attendance is required, and to conduct any proceeding and carry out any directions which may be given.

1. At the pre-trial conference, parties may concur in stating the questions of law arising in their case in the form of a special case for the opinion of the Judge. Every such special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the court to decide the questions. Upon the argument of such case, the judge and the parties may refer to all the contents of such documents and the Judge may draw from the facts and documents stated in any such special case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.

2. If at the pre-trial conference it appears to the judge that there is in any cause or matter a question of law, which could be conveniently decided before any evidence is given or any question or issue of fact is tried, the Judge may make an order accordingly, and may raise such questions of law or direct them to be raised at the trial either by special case or in such other manner as the Judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.

3. Every special case agreed pursuant to Rule 1 shall be signed by the several parties or their Legal Practitioners and shall be filed by the plaintiff or other party having conduct of the proceedings.

4. An application to set down a special case in any cause or matter to which a person under legal disability is a party shall be supported by sufficient evidence that the statements contained in such case, so far as the same affects the interest of such persons are true.

5. (1) The parties to a special case may, if they think fit, enter into an agreement in writing that on the judgement of the court being given in the affirmative or negative on the questions of law raised by the special case, a sum of money fixed by the parties or to be ascertained by the court or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs as the case may be.

(2) The judgment of the court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgement forthwith, unless otherwise agreed or unless stayed on appeal.

6. This Order shall apply to every special case stated in a cause or matter and in any proceedings incidental thereto.

1. (1) The Registrar shall keep a list (hereinafter called the Pre-Trial List) of actions directed to be set down for pre-trial conference under Order 26 Rule 3.

(2) The Registrar shall also keep a Weekly Cause List of all other actions which are ready for trial or hearing.

2. (1) The Registrar shall post up every Friday a Pre-Trial and Weekly Cause List which shall set out the arrangement of causes before each of the Judges sitting in Court during the following week.

(2) Nothing in this rule shall preclude the Chief Judge from making special arrangements, whenever necessary or convenient, for the disposal of causes and matters included in the list.

3. Where any Friday is a public holiday, the Pre-Trial list and Weekly Cause List shall be posted up on the day last preceding which is not a public holiday.

4. On any day when a Judge shall be unable to sit in Court and deal with any case or matter fixed for hearing, a minute, recording the parties present and the step taken by the Registrar shall be entered on the court’s file.

5. Pre- Trial Lists and Weekly Case Lists and other such lists shall be posted up on one or more notice boards set up in such place or places within or near the Court premises as the Chief Judge may designate.

1. When a case on the Weekly Case List has been called for hearing and neither party appears, the Judge shall, unless there is a good reason to the contrary, strike the case out.

2. When a case is called for hearing if the Plaintiff appears and the defendant does not appear, the Plaintiff may prove the claim, so far as the burden of proof lies upon the Plaintiff.

3. When a case is called for hearing, if the defendant appears and the Plaintiff does not appear, the defendant, if the defendant has no counter-claim shall be entitled to judgement dismissing the action, but if the defendant has a counter-claim, then the defendant may prove such counter-claim, so far as the burden of proof lies upon the defendant.

4. (1) Where a case is struck out under Rule 1 of this order, either party may apply that the case be relisted on the case list on such terms as the Judge may deem fit.

(2) Any judgement obtained where any party does not appear at the trial may be set aside by the Judge upon such terms as the Judge may deem fit.

(3) An application to re-list a cause struck out or to set aside a judgement shall be made within 6 days after the order or judgement or such other larger period as the Judge may allow.

5. The Judge may, if it appears to be expedient in the interest of justice, postpone or adjourn a trial for such time and upon such terms if any, as the Judge shall deem fit.

6. The Registrar or other proper officer present at any trial or hearing shall make a note of the times at which the trial or hearing commences and terminates respectively and the time it actually occupies on each day it goes on for communication to the Taxing Officer if required.

7. The order of proceeding at the trial of a cause shall be as prescribed in the following rules:

Burden of proof by party to begin.

(i) The party on whom the burden of proof lies by the nature of the issues or questions between the parties shall begin.

Documentary evidence.

(ii) Documentary evidence shall be put in and may be read or taken as read by consent.

Additional witness.

(iii) (a) A party who desires to call any witness, not being a witness whose deposition accompanied the pleading, shall apply to the Judge for leave to call such witness.

(b) An application for leave in sub-rule iii(a) above shall be accompanied by the deposition of such witness. Close of case of parties.

(iv) (a) A party’s case shall close when that party has concluded evidence. Either the Plaintiff or defendant may make oral application to have the case closed.

(b) Notwithstanding the provisions of sub-rule iv(a) above, the Judge may suo motu, where the Judge considers that either party fails to conclude the party’s case within a reasonable time, close the case for the party.

Exhibits during trial.

(v) (a) The Registrar shall take charge of every document or object put in as an exhibit during the trial of an action, and shall mark or label every exhibit with a letter or letters indicating the party by whom the exhibit is put in (or where more convenient the witness by whom the exhibit is proved) and with a number, so that all the exhibits put in by a party (or proved by a witness) are numbered in one consecutive series.

(b) The Registrar shall cause a list of all the exhibits in the action to be made.


(c) The list of exhibits when completed shall form part of the record of the action.


(d) For the purpose of this rule a bundle of documents may be treated and counted as one
exhibit.

(e) In this rule a witness by whom an exhibit is proved includes a witness in the course of
whose evidence the exhibit is put in.

8. When the party beginning has concluded evidence, the Judge shall ask the other party if the party intends to call evidence. If the other party does not intend to call evidence, the party beginning shall, within 21 days after close of evidence, file a written address. Upon being served with the written address, the other party shall, within 21 days, file a written address in response to that of the party beginning.

9. Where the other party calls evidence, that party shall, within 21 days after the close of evidence, file a written address.

10. Upon being served with the other party’s written address, the party beginning shall, within 21 days, file a written address.

11. The party who files the first address shall have a right of reply on points of law only. The reply shall be filed within 7 days after service of the other party’s address.

12. (1) An exhibit shall not be released after the trial to the party who has put it in unless the period during which notice of appeal may be given has elapsed without such notice having been given, and then only if the trial Judge (or in the absence of the trial Judge, another Judge) grants leave to release such exhibit on being satisfied:

(a) that the exhibit will be kept duly marked and labelled and will be produced, if required, at the hearing of an appeal (if any such appeal is lodged), or

(b) that the release of the exhibit will not in any way prejudice any other party.

(2) After a notice of appeal has been filed, an exhibit produced at the trial shall not be released by the High Court unless leave to release such exhibit is granted by the Court of Appeal.

13. (1) Any party may apply for and, on payment of the prescribed fee, obtain an office copy of the list of exhibits for the purpose of an appeal.

(2) Where there is an appeal, an office copy of the list of exhibits shall be included amongst the documents supplied for the purpose of the appeal.

14. A Judge may, suo motu or on application, strike out any proceedings not being prosecuted diligently.

1. This order shall apply to all applications and final addresses.

2. A written address shall be set out in paragraphs numbered serially and shall contain:

(i) the claim or application on which the address is based;

(ii) a brief statement of the facts with reference to the exhibit attached to the application or tendered at the trial;

(iii) the issues arising for determination;

(iv) a succinct statement of argument on each issue incorporating the purport of the authorities referred to together with full citation of each such authority.

3. All written addresses shall be concluded with a numbered summary of the points raised and the party’s prayer. A list of all authorities referred to shall be submitted with the address. Where any unreported judgement is relied upon, the Certified True Copy shall be submitted along with the written address.

4. Oral argument of not more than twenty minutes shall be allowed for each party to emphasise and clarify the written address already filed.

1. (1) Subject to these rules and to any enactment relating to evidence, any fact required to be proved at the trial of any action shall be proved by written depositions and oral examination of witnesses in open court.

(2) The oral examination of a witness during evidence-in-chief shall be limited to confirming written depositions and tendering in evidence all documents or other exhibits referred to in the depositions.

2. (1) A Judge may, at or before the trial of an action, order or direct that evidence of any particular fact be given at the trial in such manner as may be specified by the order or direction.

(2) The power conferred by sub-rule 1 of this rule extends in particular to ordering or directing that evidence of any particular fact be given at the trial:

(a) by statement on oath of information or belief;

(b) by the production of documents or entries in books;

(c) by copies of documents or entries in books; or

(d) in the case of a fact which is or was a matter of common knowledge either generally or in a particular district, by the production of a specified newspaper which contains a statement of that fact.

3. A Judge may, at or before the trial of an action, order or direct that the number of medical or expert witnesses who may be called at the trial be limited as specified by the order or direction.

4. Unless, at or before trial, a Judge for special reasons otherwise orders or directs, no document, plan, photograph or model shall be receivable in evidence at the trial of an action unless it has been filed along with the pleadings of the parties under these rules.

5. Any order or direction under this Order may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of a Judge made or given at or before the trial.

6. Office copies of all writs, processes, records, pleadings, and documents filed in the High Court shall be admissible in evidence in all matters to the same extent as the original would be admissible.

7. Where an order is made for the issue of a request to examine a witness or witnesses in any foreign country with which a Convention in that behalf has been or shall be made, the following procedure shall be adopted.

(a) the party obtaining such order shall file in the Registry an undertaking in Form 22 which form may be varied as may be necessary to meet the circumstances of the particular case in which it is used;

(b) such undertaking shall be accompanied by –

(i) a request in Form 23, with such modifications or variations as may be directed in the order for its issue, together with a translation in the language of the country in which it is to be executed (if not English);

(ii) a copy of the interrogatories (if any) to accompany the requests, with a translation if necessary;

(iii) a copy of the cross-interrogatories (if any) with a translation if necessary.

8. Where an order is made for the examination of a witness or witnesses before the Nigerian Diplomatic Agent in any foreign country with which a Convention in that behalf has been made, the order shall be in Form 24. The form may be modified or varied as may be necessary to meet the circumstances of the particular case in which it is used.

9. The Judge may at any stage of any proceedings order the attendance of any person for the purpose of being examined or producing any writings or other documents named in the order:

Provided that no person shall be compelled to produce under any such order any writing or other document which the person could not be compelled to produce at the hearing or trial.

10. Any person wilfully disobeying any order requiring the person’s attendance for the purpose of being examined or producing any document shall be in contempt of court, and may be dealt with accordingly.

11. Any person required to attend for the purpose of being examined or of producing any document, shall be entitled to payment for expenses and loss of time occasioned by the person’s attendance.

12. If any person duly summoned by subpoena to attend for examination shall refuse to attend or if, having attended, the person shall refuse to be sworn or to answer any lawful question, the person shall be in contempt of court and may be dealt with accordingly by the Judge.

13. When the examination of any witness before any examiner under Rule 7 above shall have been conducted, the original depositions, authenticated by the signature of the examiner, shall be transmitted by the examiner to the Registry and filed.

14. Except where by this Order it is otherwise provided or directed by a Judge, no deposition shall be given in evidence at the hearing or trial of the cause or matter without the consent of the party against whom the same may be offered, unless the Judge is satisfied that the deponent is dead or beyond the jurisdiction of the court or unable from sickness or other infirmity to attend the hearing or trial, in any of which case the depositions certified under the hand of the person taking the examination shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.

15. Any officer of the Court or other person directed to take the examination of any witness or person, or any person nominated or appointed to take the examination of any witness or person pursuant to the provisions of any convention now made or which may hereafter be made with any foreign country, may administer oaths.

16. A party may by subpoena ad testificandum or subpoena duce tecum require the attendance of any witness before an officer of the court or other person appointed to take the examination, for the purpose of using the witness’ evidence upon any proceeding in the cause or matter in like manner as such witness would be bound to attend and be examined at the hearing or trial; and any party or witness having made an affidavit to be used in any proceeding in the cause or matter shall be bound on being so subpoenaed to attend before such officer or person for cross examination.

17. The practice with reference to the examination, cross-examination and re-examination of witnesses at a trial shall extend and be applicable to evidence taken in any cause or matter at any stage.

18. The practice of the court with respect to evidence at a trial, when applied to evidence to be taken before an officer of the court or other person in any cause or matter after the hearing or trial, shall be subject to any special directions which may be given in any case.

19. Subject to the provisions of Section 34 of the evidence Act, all evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the same cause or matter.

20. Where it is intended to issue out a subpoena, a Praecipe for that purpose in Form 25 containing the name or firm and the place of business or residence of the Legal Practitioner intending to issue out the same, and where such Legal Practitioner is agent only, then also the name or firm and place of business or residence of the principal Legal Practitioner, shall in all cases be delivered and filed at the Registry. No subpoena shall be issued unless all court fees have been paid (including fee for service) and unless sufficient conduct money on the prescribed scale is deposited to cover the first day’s attendance.

21. A subpoena shall be in one of Forms 26, 27 or 28 with such variations as circumstances may require.

22. Where a subpoena is required for the attendance of a witness for the purpose of proceedings in Chambers, such subpoena shall issue from the Registry upon the Judge’s directive.

23. In the interval between the issue and service of any subpoena, the Legal Practitioner issuing it may correct any error in the names of parties or witnesses, and may have the writ resealed upon leaving a corrected praecipe of the subpoena marked with the words “altered and resealed” with the signature, name and address of the Legal Practitioner.

24. A subpoena shall be served personally unless substituted service has been ordered by a Judge in a case where a person persistently evades service. The provisions of Order 7 shall, so far as possible, apply to service and proof of service of a subpoena.

25. Any subpoena shall remain in force from the date of issue until the trial of the action or matter in which it is issued.

1. The Judge shall, at the pre-trial conference or after trial, deliver judgement in open court, and shall direct judgement to be entered.

2. Where any judgement is pronounced by a judge, the Judgement shall be dated as of the day on which such judgement is pronounced and shall take effect from that date unless the Judge otherwise orders.

3. When any judgement is directed to be entered by an order made on application for judgement, the judgement shall, unless the Judge otherwise orders, be dated as of the day on which the order is made and take effect from that date:

Provided that the order may direct that the judgement shall not be entered until a given date, in which case it shall take effect from that date.

4. Unless otherwise ordered by the court, interest shall be paid upon any judgement for the payment of money at a rate not exceeding 10% per annum from the date of judgement.

5. When any judgement or order directs the payment of money, the court may, for any good reason, order that the amount shall be paid in instalments, with or without interest. Such order may be made at the time of giving judgement, or at any time afterwards, and may be rescinded upon good cause at any time.

6. The Judge, at the time of making any judgement or order or at any time afterwards, may direct the time within which payment is to be made or other act is to be done, reckoned from the date of the judgement or order or from some other point of time, as the Judge deems fit, and may order interest at a rate not exceeding 10% per annum to be paid upon such judgement.

7. Every judgement or order made in any cause or matter requiring any person to do an act shall state the time or the time after service of the judgement or order, within which the act is to be done; there shall be indorsed on the judgement or order a memorandum by the Registrar in the following words, viz:

“If you, the within-named A.B., neglect to obey this judgement (or order) by the time therein limited, you will be liable to process or execution for the purpose of compelling you to obey the said judgement (or order)”,

and same shall be served upon the person required to obey the judgement or order.

8. In any cause or matter where the defendant has appeared by Legal Practitioner, no order for entering judgement shall be made by consent unless the consent of the defendant is given by his Legal Practitioner or agent.

9. Where the defendant has no legal Practitioner, such order shall not be made unless the defendant gives his consent in person in open court.

10. Where satisfactory evidence is not given entitling the Plaintiff or defendant to the Judgement of the court, the Judge may, suo motu or on application, non-suit the Plaintiff, but the parties’ Legal Practitioners retain the right to make submissions about the propriety or otherwise of making such order.

11. Every order shall be drawn up by the Registrar and signed by the Judge and it shall bear the date on which it was made, unless the Judge otherwise directs.

12. Where an order has been made not embodying any special terms, nor including any special directions, but simply enlarging time for taking any proceeding or doing any act or giving leave –

(a) for the issue of any writ other than a writ of attachment;

(b) for the amendment of any writ or pleading;

(c) for the filing of any document; or

(d) for any act to be done by any officer of the Court other than a Legal Practitioner;

It shall not be necessary to draw up such order unless the Judge otherwise directs; but the production of a note or memorandum, of such order signed by a Judge shall be sufficient authority for such enlargement of time, issue, amendment, filing or other act. A direction that the costs of such order shall be costs in any cause or matter shall not be deemed to be a special direction within the meaning of this rule.

13. An order shall be sealed, and shall be marked with the name of the Judge by whom it is made.

1. Where the Chief Judge has in exercise of any powers conferred on the Chief Judge by any relevant law, ordered the transfer of any action or matter from a lower court to the High Court a copy of the order duly certified by the Registrar shall forthwith be sent to the Registrar of the lower court and the latter shall forthwith transmit to the High Court documents referred to in the relevant law and other necessary documents and processes.

2. (1) On receipt by the court of the relevant documents and processes, the Registrar shall notify the party who applied for the transfer, or where the transfer was not made on the application of any party, the Plaintiff, to attend at the Registry and pay the fees for filing the documents. Such payment shall be without prejudice to the question of how the costs shall ultimately be borne.

(2) Such notification shall be effected by serving a notice personally on the party concerned or where an address for service has been given by such party, at that address.

3. (1) The Registrar shall on payment of the prescribed fees, in any case not later than 7 days:

(a) file the documents received from the lower Court;

(b) make an entry of the filing in the Cause Book; and

(c) transmit the documents to the Chief Judge or such other Judge appointed by the Chief Judge.

(2) The Registrar shall then give notice to the parties to attend in person or by counsel before a named Judge on the day and at the time specified in the notice. The fees for the service of this notice shall be borne in the first instance by the party who has paid the fees for filing as provided by Rule 2 of this Order.

4. (1) The Chief Judge or such other Judge appointed by the Chief Judge shall, not later than 14 days after receiving the documents referred to in Rule 3 of this order:

(a) hear the parties or their Legal Practitioners;

(b) take cognizance of the documents; and thereafter;

(c) give directions for the trial or hearing of the action or matter.

(2) Directions given under this rule may include directions for the filing and service of pleadings.

5. (1) If the plaintiff fails to attend in compliance with a notice given under sub-rule 2 of Rule 3 of this order, the Judge shall record the default and may, suo motu or on application, dismiss the action or matter. Upon an application by a defendant to dismiss the action or matter, the Judge may either dismiss the action or matter upon such terms as may be just or make such other order on such terms as seem just.

(2) If the defendant fails or all of several defendants fail to attend in compliance with a notice given under sub-rule 2 or Rule 3, the plaintiff may obtain judgement with costs or obtain the order prayed for in the transferred proceedings.

6. In the preceding rule of this Order, the references to the plaintiff and the defendant shall, in relation to proceedings commenced otherwise than by writ or plaint, be construed as references to the applicant and the respondent.

7. (1) A Judge may, on application, consolidate several actions where it appears that the issues are the same in all the actions, and can therefore be properly tried and determined at the same time.

(2) An order to consolidate may be made where two or more actions are pending between the same plaintiff and the same defendant or between different plaintiffs and the same defendant or between different plaintiffs and different defendants.

Provided that where the same plaintiff brings actions against different defendants, they shall not be consolidated without the consent of all the parties unless the issues to be tried are identical.

(3) Where an order for consolidation has been made, it shall be drawn up at the expense of the party or parties who applied for consolidation and shall be recorded in the Cause Book.

8. In the application of rule 7(3) of this Order references to the plaintiff or plaintiffs and the defendant or defendants shall, in relation to proceedings commenced otherwise than by writ be construed as references to the applicant or applicants and the respondent or respondents.

1. (1) When by any contract a prima facie case of liability is established and there is alleged as a matter of defence a right to be relieved wholly or partially from such liability, a Judge may make an order for the preservation or interim custody of the subject matter of the Litigation or may order that the amount in dispute be brought into Court or otherwise secured.

(2) An application for an order under Rule 1 sub-rule 1 of this Order may be made by any party at any time after the party’s right thereto appears from the pleadings or, if there be no pleadings, is made to appear by affidavit or otherwise to the satisfaction of the Judge.

2. Whenever an application shall be made before trial for an injunction or other order and on the opening of such application, or at any time during the hearing thereof, it shall appear to the Judge that the matter in controversy in the cause or matter is one which can be most conveniently dealt with by an early trial, without first going into the whole merits on affidavit or other evidence for the purposes of the application, it shall be lawful for the Judge to make an order for such trial accordingly, and in the meantime to make such order as the justice of the case may require.

3. The Judge may, upon the application of any party, make any order for the sale by any person or persons named in such order and in such manner and on such terms as the Judge may deem desirable, of any goods, wares, or merchandise which may be of a perishable nature, or likely to deteriorate if kept, or which for any other just and sufficient reason it may be desirable to sell at once.

4. (1) A Judge may, upon the application of any party to an action or matter and upon such terms as may be just, make any order for the detention, preservation or inspection of any property or thing, being the subject of such action or matter or as to which any question may arise therein, and for all or any of the purposes aforesaid, to authorise any person to enter upon or into any land or building in the possession of any party to such action or matter, and for all or any of the purposes aforesaid to authorise any samples to be taken or any observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.

(2) Where an order for the inspection of any property or thing is made on an application under this rule (including an application made before any pleadings have been delivered in the action or matter), it appears that inspection was requested in writing by the applicant and was not given, then, unless the Judge is satisfied that the respondent did not unreasonably fail or refuse to permit the inspection, the Judge shall order the costs to be paid by the respondent in any event and except where the respondent is a “Poor Person”, shall order the costs’ to be paid forthwith.

Inspection by Judge.

(3) The Judge by whom any action or matter may be heard or tried may inspect any property or thing concerning which any question may arise or has arisen in the cause or matter.

5. (1) Where any property is in possession of the court either before or after judgement, and it has remained so for a period of 12 months, a Judge may, suo-motu or upon application, make an order for the sale of that property, and the proceeds thereof to be paid into an interest yielding account in a commercial bank directed by the Judge for the benefit of the person that succeeds at the trial or on appeal.

(2) The money paid after disposal of any property shall be withdrawn from the bank by the successful party who shall present to the Chief Registrar a certified true copy of the enrolment of the judgement.

6. Where an action or counterclaim is filed to recover specific property and the party from whom such recovery is sought does not dispute title but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the Judge may at the pre-trial conference order that the party claiming to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed and such further sum, if any, for interest and costs as the Judge may direct and that upon such payment into Court being made, the property claimed be given up to the party claiming it.

7. Where any real or personal estate or property forms the subject of any proceedings and the Judge is satisfied that the same will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings, the Judge may, at any time after the commencement of the proceedings, allow the parties interested therein or anyone or more of them, the whole or part of the annual income of the real estate or a part of the personal estate or property or the whole or part of the income thereof, up to such time as the Judge shall direct.

8. In any action or matter in which an injunction has been or might have been claimed, the Plaintiff may, before or after judgement, apply for an injunction to restrain the defendant or respondent from the repetition or continuance of the wrongful act or breach of contract complained of or from the commission of any injury relating to the same property or right or arising out of the same contract and the Judge may grant the injunction either upon or without terms as may be just.

9. In every case in which an application is made for the appointment of a receiver by way of equitable execution, the Judge in determining whether it is just or convenient that such appointment should be made shall have regard to the amount of the debt claimed by the applicant, to the amount which may probably be obtained by the receiver and to the probable costs of the receivers appointment and may if the Judge shall deem fit, direct any inquiries on these or other matters before making the appointment.

10. Where an order is made directing a receiver to be appointed, unless otherwise ordered, the person to be appointed shall first give security, to be approved by the Judge, duly to account for what the person shall receive as such receiver, and to pay the same as the Judge shall direct; and the person so to be appointed shall, unless otherwise ordered be allowed a proper salary or allowance. The security to be given shall be by guarantee or by an undertaking in Forms 29 and 30 with such variations as circumstances may require. The undertaking shall be filed in the Registry and form part of the record of proceedings until it has been duly vacated.

11. Where any judgement or order is pronounced or made in court appointing a person therein named to be receiver, the court may adjourn the proceedings then pending in order that the person named as receiver may give security as in the last preceding rule mentioned, and may thereupon direct such judgement or order to be drawn up.

12. When a receiver is appointed with a direction to pass accounts, the judge shall fix the days upon which the receiver shall (quarterly or at shorter periods) leave and pass such accounts, and also the days upon which the receiver shall pay the balances appearing due on the accounts so left or such part of them as shall be certified as proper to be paid by the receiver. With respect to any such receiver as the times fixed for the purpose as aforesaid, the Judge may from time to time, when subsequent accounts are produced to be examined and passed, disallow the salary claimed by such receiver and may also charge the receiver with interest at a rate not exceeding twenty-five percent per annum upon the balances so neglected to be paid by the receiver during the time the same appears to have remained in the hands of the receiver.

13. Receivers’ accounts shall be in Form 31 with such variations as circumstances may require.

14. Every receiver shall deliver to the Registrar the receiver’s account, together with an affidavit verifying the same in Form 32 with such variations as circumstances may require. An appointment shall thereupon be obtained by the Plaintiff or person having the conduct of the action for the purpose of passing such account.

15. Where any receiver fails to leave any account or affidavit or to pass such account or to make any payment or otherwise, the receiver or the parties or any of them, may be required to show cause why such account passed or such payment was made or any other proper proceedings taken and thereupon such directions as shall be proper may be given, including the discharge of any receiver and appointment of another and payment of costs.

16. The accounts of guardians shall be passed and verified in the same manner as is by this Order directed as to receivers’ accounts.

1. (1) An application for:

(a) an order of mandamus, prohibition or certiorari; or

(b) an injunction restraining a person from acting in any office in which the person is not entitled to act

shall be made by way of an application for judicial review in accordance with the provisions of this Order.

(2) An application for a declaration or an injunction (not being an injunction in rule (1)(b) of this Rule) may be made by way of an application for judicial review and the court may grant the declaration or injunction if it deems it just and convenient to grant it by way of judicial review, having regard to:

(a) the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition, or certiorari;

(b) the nature of the persons and bodies against whom relief may be granted by way of such an order;

(c) all the circumstances of the case.

2. On an application for judicial review, any relief mentioned in Rule 1 may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of, relates to or is connected with the same matter.

3. (1) No application for judicial review shall be made unless the leave of the Court has been obtained in accordance with this rule.

(2) An application for leave shall be made ex-parte to the Judge and shall be supported by:

(a) a statement setting out the name and description of the applicant, the reliefs sought and the grounds on which they are sought;

(b) an affidavit in support of the application for leave.

(c) A written address in support of the application for leave.

(3) A Judge hearing an application for leave may allow the applicant’s statement to be amended, whether by specifying different or additional grounds of relief or otherwise on such terms, if any, as the Judge deems fit.

(4) A Judge shall not grant leave unless the Judge considers that the applicant has a sufficient interest in the matter to which the application relates.

(5) Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgement, order, conviction or other proceedings which is subject to appeal and a time is limited for the bringing of the appeal, the Judge may adjourn the application for leave until the appeal is determined or the time for appealing has expired.

(6) Where leave to apply for judicial review is granted, then:

(a) if the relief sought is an order of prohibition or certiorari and the Judge so directs, the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Judge otherwise orders;

(b) if any other relief is sought, the Judge may, at any time, grant in the proceedings such interim relief as could be granted in an action begun by writ;

(c) the Judge may impose such terms as to costs and as to giving security as the Judge deems fit.

4. An application for judicial review shall be brought within 3 months of the date of occurrence of the subject of the application.

5. (1) Where leave has been granted, the application shall be made by motion or by summons.

(2) The notice of motion or summons shall be served on all persons directly affected, and where it relates to any proceedings before a Judge and the object of the application is either to compel the Judge or an officer of the court to do any act in relation to the proceedings, or to quash them or any order made therein, the notice or summons shall also be served on the Clerk or Registrar of the Court and where any objection to the conduct of the Judge is to be made, on the Judge.

(3) Unless the Judge granting leave has otherwise directed, there shall be at least 7 days between the service of the notice of motion or summons and the day named therein for the hearing.

(4) A motion or summons shall be entered for hearing within 14 days after the grant of leave.

(5) If, on the hearing of the motion or summons, the Judge is of opinion that any person who ought, whether under this rule or otherwise, to have been served has not been served, the judge may adjourn the hearing on such terms, if any, as the Judge may direct in order that the notice or summons may be served on that person.

6. (1) Copies of the statement in support of an application for leave under Rule 3 of this Order shall be served with the notice of motion or summons and, subject to sub-rule 3 of this Rule, no grounds shall be relied upon or any relief sought at the hearing except the grounds and relief set out in the statement.

(2) The notice of motion or summons shall be supported by an affidavit and shall be accompanied by a written address in support of the relief sought.

(3) The Judge may on the hearing of the motion or summons allow the applicant to amend the statement whether by specifying different or additional grounds of relief or otherwise, on such terms, if any, as the Judge deems fit and may allow further affidavits to be used if they deal with new matters arising out of an affidavit of any other party to the application.

(4) Where the applicant intends to ask to be allowed to amend the statements or to use further affidavits, the applicant shall give notice of such intention and of any proposed amendment to every other party.

(5) Each party to the application shall supply to every other party a copy of every affidavit which the party proposes to use at the hearing including, in the case of the applicant, the affidavit in support of the application for leave under Rule 3(2) of this Order.

7. On an application of judicial review, the judge may, subject to Rule 2 of this Order, award damages to the applicant if:

(a) the applicant has included in the statement in support of the application for leave under Rule 3 of this Order a claim for damages arising from any matter to which the application relates and

(b) the Judge is satisfied that if the claim had been made in an action begun by the applicant at the time of making the application, the applicant could have been awarded damages.

8. Any interlocutory application in proceedings on an application for judicial review may be made to the Judge.

9. (1) On the hearing of any motion or summons under Rule 5 of this Order, any person who desires to be heard on the motion or summons, and appears to the Judge to be a proper person to be heard, shall be heard notwithstanding that the person has not been served with notice of the motion or the summons.

(2) Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing them, the applicant may not question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of the motion or summons, the applicant has filed a copy thereof verified by affidavit or accounts for the failure to do so to the satisfaction of the Judge hearing the motion or summons.

(3) Where an order of certiorari is made in any such case as is referred to in sub-rule 2 of this Rule, the order shall, subject to sub-rule 4 of this Rule, direct that the proceedings shall be quashed forthwith on their removal into Court.

(4) Where the relief sought is an order of certiorari and the judge is satisfied that there are grounds for quashing the decision to which the application relates, the Judge may, in addition to quashing it, remit the matter to the Court, tribunal or authority concerned with a direction to reconsider it and reach a decision in accordance with the findings of the Judge.

(5) Where the relief sought is a declaration, an injunction or damages and the judge considers that it should not be granted on an application for judicial review but might have been granted if it had been sought in an action begun by writ by the applicant at the time of making the application, the Judge may, instead of refusing the application, order the proceeding to continue as if it had been begun by writ.

10. No action or proceeding shall begin or be prosecuted against any person in respect of anything done in obedience to an order of mandamus.

11. Where there is more than one application pending against several persons in respect of the same matter and on the same grounds, the judge may order the applications to be consolidated.

1. In this Order, any reference to the Chief Registrar means the Chief Registrar of the High Court and includes the Deputy Chief Registrar.

2. The Chief Registrar may transact all such business and exercise all such authority and jurisdiction as may be transacted or exercised by a Judge in respect of the following matters:

(a) applications for the taxation and delivery of bills of costs and applications for the delivery by any Legal Practitioner of deeds, documents and papers;

(b) the taking of an account in any case where a Judge has ordered that the account be taken by the Chief Registrar;

(c) the taxation of bills of costs;

(d) applications leading to the issue of the grant of probate of the Wills or Letters of Administration of the estates of deceased persons in non-contentious or common form probate business.

3. If any matter appears to the Chief Registrar proper for the decision of a Judge, the Chief Registrar may refer the same to the Chief Judge or the Judge who referred the matter to the Chief Registrar. The Chief Judge or the Judge may either dispose of the matter or refer the same back to the Chief Registrar with such directions as the Chief Judge or the Judge may deem fit.

4. Any person affected by an order or decision of the Chief Registrar in the exercise of the jurisdiction conferred by this Order may appeal therefrom to a Judge. Such appeal shall be by notice in writing to attend before the Judge without a fresh summons within 5 days after the decision complained of or such further time as may be allowed by the Judge. Unless otherwise ordered, there shall be at least 2 clear days between service of the notice of appeal and the day of hearing. An appeal from the decision of the Chief Registrar shall not operate as a stay of proceedings unless so ordered by the Judge.

5. Lists of matters to be heard by the Chief Registrar shall be made out and published by being posted on the courts’ notice boards.

6. In any proceeding before the Chief Registrar in respect of the jurisdiction conferred by this Order, a Legal Practitioner may represent any party.

7. Except as otherwise provided for in these Rules, the directions to be given for or concerning any proceeding before the Chief Registrar shall require no particular form, but the result of such proceeding shall be stated in a concise certificate.

8. The certificate of the Chief Registrar regarding accounts and inquiries shall not, unless the circumstances of the case render it necessary, set out the judgement or order or any documents or evidence or reasons but shall refer to the judgement or order, documents and evidence or particular paragraphs thereof, so that it may appear upon what the result stated in the certificate is founded.

9. (1) In case of accounts and inquiries, the certificate of the Chief Registrar shall be in Form 33 with such variations as the circumstances may require.

Contents of certificate in cases of accounts and transcripts.

(2) The certificate shall state the result of the account and not set the same out by way of schedule, but shall refer to the account verified by the affidavit filed and shall specify by the numbers attached to the items in the account which, if any, of such items have been disallowed or varied and shall state what additions, if any, have been made by way of surcharge or otherwise and where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account so altered, such transcript may be required to be made by the party prosecuting the judgement or order and shall then be referred to by the certificate. The accounts and transcripts, if any, referred to by certificate shall be filed therewith.

10. Every certificate with the accounts, if any, to be filed therewith shall be transmitted by the Chief Registrar to the Registry for filing and shall thenceforth be binding on all the parties to the proceedings unless discharged or varied upon an application made to a Judge before the expiration of 8 clear days after the filing of the certificate.

11. When taxing a bill of costs, the chief Registrar shall insert in red ink against every item disallowed, reduced or altered by the Chief Registrar, the substance of the modification made and at the bottom of the bill of costs, the Chief Registrar shall certify the net result of the taxation. The Chief Registrar shall then transmit the bill of costs to the Registry for filing and the provisions of Rule 10 of this Order shall apply in respect of such certificate.

12. The Judge may, if the special circumstances of the case require, upon an application, direct a certificate to be discharged or varied at any time after the same has become binding on the parties.

1. An application for an Order of Habeas Corpus Ad Subjiciendum shall be made to the Court, except that:

(a) in vacation or at any time when not Judge is sitting in Court, it may be made to a Judge sitting otherwise than in court;

(b) in cases where the application is made on behalf of a child, it shall be made in the first instance to a Judge sitting otherwise than in Court.

2. (1) The application may be made ex-parte and shall be accompanied by an affidavit by the person restrained showing that it is made at the person’s instance and setting out the nature of the restraint.

(2) Where the person restrained is unable owing to the restraint to make the affidavit, the application shall be accompanied by an affidavit to the like effect made by some other person which shall state that the person restrained is unable to make the affidavit.

3. (1) A Judge to whom the application is made may make the order forthwith.

(2) Where the application is made to a Judge sitting otherwise than in court, the Judge may direct the Order to issue or that an application therefore be made by summons or notice of motion to the Judge or to a Judge.

(3) A Judge to whom the application is made may adjourn it so that notice thereof may be given to the detainer or jailer.

(4) Where the person detained is produced before a Judge, the Judge may discharge the person immediately with or without conditions.

4. (1) The summons or notice of motion mentioned in Rule 3(2) of this Order shall be served on the person against whom the order is sought and on such other persons as the Judge may direct.

(2) Unless the Judge otherwise directs, there shall be at least 2 clear days between the service of the notice and the date named for the hearing of the application.

5. Every party to the application shall supply to the other party or parties copies of the affidavits which the party proposes to use at the hearing of the application.

6. (1) The order or notice of motion may be served personally or by courier on a detainer or jailer where the person is confined or restrained, or on any other public official and copies of the order or motion may be served in like manner on each person connected with or having authority over the place of confinement or restraint.

(2) The order shall contain the date on which the person restrained is to be brought before a Judge and that in default of obedience proceedings for attachment of the party disobeying will be taken.

7. Upon service of the order or notice of motion in accordance with Rule 6(1) of this Order, the party served shall within 2 days file a statement stating the reasons for the detention the period of the detention and any other matter that may be directed by the Judge. The statement shall be verified by an affidavit deposed to by the detainer or jailer.

8. (1) Where the prisoner is brought up in accordance with the order, the prisoner’s Legal Practitioner shall be heard first, then the Legal Practitioner for the State and then the Legal Practitioner for the prisoner in reply.

(2) Where the prisoner is not brought in accordance with the order, a Judge may, upon the application of the prisoner’s Legal Practitioner order that the prisoner be discharged or make any other order.

9. (1) The procedure in applications for attachment for contempt of court in cases to which this Rule applies shall be the same as for applications for an order for judicial review under Order 37 so far as may be applicable.

(2) The notice of motion shall be personally served unless the Judge dispenses with such service.

(3) This Rule applies to cases where the contempt is committed:

(a) in connection with proceedings to which this Order relates; or

(b) in connection with criminal proceedings or

(c) subject to the provisions of the Sheriff and Civil Process Act, any proceedings in the High Court or where the contempt consists of disobedience to an order of the Court; or

(d) in connection with proceedings in an inferior Court.

Provided that this Rule shall not apply where the contempt is committed in facie curiae.

10. When an order enforceable by committal has been made against a judgement debtor, and if the order is for delivery of goods without the option of paying their value or is in the nature of an injunction, the Registrar shall, when the order in drawn up, endorse it as follows:

Notice of Consequence of Disobedience to Court.
To………………………………. of………………………….

TAKE NOTICE that unless you obey the direction(s) contained in this order you will be guilty of contempt of court and will be liable to be committed to prison.

Dated this…………………….. day of………………… 20………
————– Registrar

11. Upon service of the application for committal issued in a case to which Rule 9 of this Order applies, the respondent shall, within two days, file a statement stating the reasons why an order for attachment should not be issued. The statement shall be verified by an affidavit deposed to by the respondent.

12. Every order of attachment issued in a case to which Rule 9 of this Order applies shall be made returnable before the Judge. If a return of non est inventus (not found) is made, a subsequent order or orders may be issued on the return of the previous order.

1. Relief by way of Interpleader may be granted where the person seeking relief (“the applicant”) is under liability for any debt, money, goods, or chattels for or in respect of which he is, or expects to be sued by two or more parties (“the claimants”) making adverse claims:

Provided that where the applicant is a Sheriff or other officer charged with the execution of process by or under the authority of the High Court, the provisions of Section 34 of the Sheriffs and Civil Process Act and the Rules made under it shall apply.

2. The applicant must satisfy the Judge, by affidavit or otherwise, that the applicant:

(a) claims no interest in the subject matter in dispute other than for charges or costs;

(b) does not collude with any of the claimants and

(c) is willing to pay or transfer the subject matter into court or to dispose of it as the Judge may direct.

3. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.

4. Where the applicant is a defendant, application for relief may be made at any time after service of the originating process.

5. The applicant may take out a summons calling on the claimants to appear and state the nature and particulars of their claims, and either to maintain or relinquish them.

6. If the application is made by a defendant in an action, the Judge may stay all further proceedings in the action.

7. If the claimants appear in pursuance of the summons, the judge may order either that any claimant be made a defendant in any action already commenced in respect of the subject matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which is to be defendant.

8. Where the question is a question of law and the facts are not in dispute, the Judge may either decide the questions without directing the trial of an issue or order that a special case be stated for the opinion of the Judge. If a special case is stated, Order 28 shall as far as applicable apply thereto.

9. If a claimant, having been duly served with a summons to appear and maintain or relinquish the claim, does not appear in pursuance of the summons or having appeared, neglects or refuses to comply with any order made after the appearance, the Judge may make an order declaring that claimant and all persons claiming under that claimant for ever barred against the applicant and persons claiming under the applicant but the order shall not affect the rights of the claimants as between themselves.

10. The Judge may, in or for the purposes of any Interpleader proceedings, make all such orders as to costs and all other matters as may be just.

1. Where by any written law or any special order made by the Court in the course of any proceedings, any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceedings, and such time is not limited by hours, the following rules shall apply:

(a) the limited time does not include the day of or the happening of the event, but commences at the beginning of the day next following that day;

(b) the act or proceeding shall be done or taken at latest on the last day of the limited time;

(c) where the time limited is less than five days, no public holiday shall be reckoned as part of the time;

(d) when the time expires on a public holiday the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards not being a public holiday.

2. No pleading, summons motions, orders, originating process, documents and other processes shall be served before 6.00 am or after 6.00 pm. Service effected after 6.00 pm, shall be deemed to have been effected the following day.

3. The Court may, as often as it deems fit, and either before or after the expiration of the time appointed by these Rules or by any judgement or order of the court, extend or adjourn the time for doing any act or taking any proceedings:

Provided that any party who defaults in performing an act within the time authorised by the Court or under these Rules shall, at the time of compliance, pay to the court an additional fee of N200.00 (two hundred naira) for each day of such default.

1. Subject to the provisions of the Law, the Judge may appoint any day or days and any place or places from time to time for the hearing of causes as circumstances require.

2. The sittings of the Judge for the hearing of causes shall ordinarily be public, but, subject to the provisions of the Constitution of the Federal Republic of Nigeria, the Judge may for special reasons, hear any particular cause or matter in the presence only of the parties, with their Legal Practitioners if any, and the officers of Court.

3. The several offices of the Court shall be open at such times as the Chief Judge shall direct.

4. Subject to the directions of the Chief Judge, sittings of the High Court for the despatch of civil matters shall be held on every week day except:

(i) on any public holiday;

(ii) during the week beginning with Easter Monday.

(iii) during the period beginning on 20th December of a given year and ending on the 6th January next following;

(iv) during an annual vacation of the Court to commence on such date in August and of such duration, not exceeding six weeks, as the Chief Judge may appoint.

5. (1) Notwithstanding the provisions of Rule 4 of this Order, any cause or matter may be heard by a Judge during any of the periods mentioned in paragraphs (b), (c) or (d) of Rule 4 of this Order (except on a Sunday or public holiday);

(a) where such cause or matter is urgent; or

(b) a Judge, at the request of all the parties concerned, agrees to hear a cause or matter

(2) An application for an urgent hearing under sub-rule 1(a) of this Rule shall be made by motion ex-parte and the decision of the Judge on such an application shall be final.

6. The time for filing and service of pleadings shall not run during the annual vacation unless otherwise directed by the Judge.

7. All fines, forfeitures, pecuniary penalties and costs ordered to be paid may be levied by distress, seizure and sale of the movable and immovable property of the person making default in payment.

8. When the publication of any notice is required, the same may be made by advertisement in the Gazette, unless otherwise provided in any particular case by any Rule of Court or otherwise ordered by the Judge.

9. A document shall not be filed unless it has indorsed on it the name and number of the cause, the date of filing and whether filed by plaintiff or defendant; and on being filed such indorsement shall be initialled by the Registrar and recorded in the Process Register.

10. All warrants and orders of whatever description shall be sufficiently addressed for execution by being directed to the Sheriff; but this provision shall not prevent any order or warrant from being addressed to a person by name or to a person named and to officers of Court generally or to a Local Government Authority.

11. No fees are to be taken in respect of any proceedings where such fees would be payable by any Government department:

Provided however that when any person is ordered to pay the costs of the state or of any Government department in any case, whether criminal or civil, all fees which would have been payable but for the provisions of this Rule shall be taken as paid and shall be recoverable from such person.

12. The Regulations regarding fees shall govern the payment and disposal of fees and the duties of court officers in regard thereto.

13. Where a matter arises in respect of which no provision or adequate provision is made by these Rules or by any other written law, the Court shall adopt such procedure as will in its view do substantial justice between the parties concerned, and the Court may make any order which it considers necessary for doing justice in the circumstances.

14. All parties to any proceeding before the Court shall file legible processes, which shall be printed on white opaque paper of good quality.

15. The Registrar shall not accept any process that is not legible and printed on white opaque paper of good quality.

1. If in any action the defendant is about to leave the jurisdiction of the Court, or has disposed of or removed from the jurisdiction of the Court, the defendant’s property, the plaintiff may, either at the institution of the suit or at any time thereafter until final judgement, apply by ex-parte motion to the Court for an order that the defendant do show cause why security should not be taken for the defendant’s appearance to answer and satisfy any judgement that may be passed against the defendant in the suit.

2. (1) If the Court, after making such investigation as it may consider necessary, shall be of opinion that there is probable cause for believing that the defendant is about to leave the jurisdiction of the Court and that by reason thereof the execution of any judgement which may be made against the defendant is likely to be obstructed or delayed, the Court shall issue a warrant to bring the defendant before it to show cause why the defendant should not give good and sufficient bail for the defendant’s appearance.

(2) The defendant shall be brought to Court within 2 days of the execution of the warrant.

3. If the defendant fails to show cause, the Court shall order the defendant to give bail for the defendant’s appearance at any time when called upon while the suit is pending and until execution or satisfaction of any judgement that may be passed against the defendant in the suit or to give bail for the satisfaction of such judgement; and the surety or sureties shall undertake in default of such appearance or satisfaction to pay any sum of money that may be adjudged against the defendant in the suit with costs.

4. (1) Where a defendant offers to deposit a sum of money in lieu of bail for the defendant’s appearance, sufficient to answer the claim against the defendant, with costs of the suit, the Court may accept such deposit and direct that the deposit be paid into an interest yielding account in a bank.

(2) Where a defendant offers security other than money in lieu of bail for the defendant’s appearance, sufficient to answer the claim against the defendant, the Court may accept such security and make such order as it may deem fit in the circumstance.

5. (1) If the defendant fails to furnish security or offer a sufficient deposit, the Court may commit the defendant into custody until the decision of the suit, or, if judgement has been given against the defendant, until the execution of the judgement.

(2) Committal to custody under this Rule shall not exceed a period of 6 months.

(3) The Court may, at any time, upon reasonable cause being shown and upon such terms as to security or otherwise as may seem just, release the defendant.

6. The expenses incurred for the subsistence in prison of the person so arrested shall be paid by the plaintiff in the action in advance, and the amount so disbursed may be recovered by the plaintiff in the suit, unless the Court shall otherwise order. The Court may release the person so imprisoned on failure by the plaintiff to pay the subsistence money, or, in case of serious illness, order the removal of the person to hospital.

1. This Order shall apply to proceedings in respect of which there is no statutory provision for Legal Aid.

2. A Judge may admit a person to sue or defend in forma pauperis if satisfied that the person has no means to employ legal representation in the prosecution or the case and that the person has reasonable grounds for suing or defending as the case may be.

3. (1) A person seeking relief under this Order shall write an application to the Chief Judge accompanied by an affidavit, signed and sworn to by the applicant, stating that by reason of poverty, the applicant is unable to afford the services of a Legal Practitioner.

(2) If in the opinion of the Chief Judge the application is worthy of consideration, the Chief Judge shall appoint a Legal Practitioner to act for the applicant.

(3) Where a Legal Practitioner is so appointed, the applicant shall not discharge the Legal Practitioner except with the leave of the Chief Judge.

4. Court fees payable by a person admitted to sue or defend in forma pauperis may be remitted either in whole or in part as a Judge may deem fit and a person so admitted to sue or defend shall not, unless the Judge otherwise orders, be liable to pay or be entitled to receive any costs.

5. (1) The Legal Practitioner shall not, except by leave of the Chief Judge, take or agree to take any payment whatsoever from the applicant or any person connected with the applicant or the action taken or defended thereunder.

(2) If the applicant pays or agrees to pay any money to any person whatsoever either in connection with the application or the action taken or defended thereunder, the order appointing the Legal Practitioner shall be revoked.

(3) If the Legal Practitioner assigned to the applicant discovers that the applicant is possessed of means beyond those stated in the affidavit, if any, the Legal Practitioner shall at once report the matter in writing to the Registrar.

6. (1) The Chief Judge may at any time revoke the order granting the application and thereupon the applicant shall not be entitled to the benefit of this Order in any proceedings to which the application relates unless otherwise ordered.

(2) Neither the applicant nor the Legal Practitioner assigned to the applicant shall discontinue, settle or compromise the action without the leave of a Judge.

7. The Judge may order payment to be made to the Legal Practitioner out of any money recovered by the applicant or may charge in favour of the Legal Practitioner upon any property recovered by the applicant, such sum as in all the circumstances may deem fit.

8. Every order, notice or application on behalf of the applicant, except an application for the discharge of the applicant’s Legal Practitioner, shall be signed by the Legal Practitioner, who shall take care that no application or notice is made or given without reasonable cause.

1. Every Legal Practitioner who shall be engaged in any cause or matter shall be bound to conduct same on behalf of the plaintiff or defendant as the case may be, by or for whom the Legal Practitioner shall have been so engaged until final judgement, unless allowed for any special reason to cease acting therein.

2. An application for a change of Legal Practitioner or withdrawal may be made by the plaintiff or defendant or the Legal Practitioner as the case may be, not less than 7 clear days before the date fixed for hearing.

3. Where the application is made by a Legal Practitioner, it shall be served on all parties to the cause or matter and where applicable also on the out-going Legal Practitioner if the outgoing Legal Practitioner is not the applicant.

1. (1) In fixing the amount of costs, the principle to be observed is that the party who is in the right is to be indemnified for the expenses to which the party has been necessarily put in the proceedings, as well as compensated for the time and effort in coming to court. But the court may take into account all the circumstances of the case.

(2) When costs are ordered to be paid, the amount of such costs shall, if practicable, be summarily determined by the court at the time of making the judgement or order and stated therein.

(3) When the court deems it to be impracticable to determine summarily the amount of any costs which it has adjudged or ordered to be paid, all questions relating thereto shall be referred by the court to a taxing officer for taxation.

2. In any cause or matter in which security for costs is required, the security shall be of such amount and be given at such times and in such manner as the court shall direct.

3. A plaintiff ordinarily resident out of the jurisdiction may be ordered to give security for costs.

4. In actions brought by persons resident out of the jurisdiction, when the plaintiff’s claim is founded on a judgement or order or on a bill of exchange or other negotiable instrument, the power to require the plaintiff to give security for costs shall be exercised at the court’s discretion.

5. Where a bond is to be given as security for costs, it shall, unless the court otherwise directs, be given to the party or person requiring the security and not to an officer of the Court.

6. Subject to the provisions of any applicable law and these Rules, the costs of and incidental to all proceedings in the High Court, including the administration of estates and trusts, shall be at the discretion of the court, and the court shall have full power to determine by whom and to what extent the costs are to be paid.

7. The Court may order any costs to be paid out of any fund or property to which a suit or proceedings relates.

8. Where the Court orders costs to be paid or security to be given for costs by any party, the Court may order all proceedings by or on behalf of that party in the same suit or proceeding or connected with it, to be stayed until the costs are paid or security given accordingly, but such order shall not supersede the use of any other lawful method of enforcing payment.

9. (1) Costs when ordered immediately become payable, and in all events shall be paid within 7 days of the order, otherwise the defaulting party or the defaulting party’s legal Practitioner may be denied further audience in the proceedings.

(2) In addition to any penalty payable for default under these Rules, the costs of and occasioned by any application to extend the time fixed by the rules or any direction or order thereunder, for delivering or filing any document or doing any other act (including the costs of any Order made on the application) shall be borne by the party making the application unless the Court otherwise orders.

10. Costs may be dealt with by the Court at any stage of the proceedings and any order of the court for the payment of any costs may, if the court deems fit and the person against whom the Order is made is not a person to whom Order 44 applies, require the costs to be paid forthwith notwithstanding that the proceedings have not been concluded.

11. The Court in exercising its discretion as to costs shall take into account any offer or contribution made by any of the parties and any payment into Court and the amount of such payment.

12. (1) Where in any cause or matter anything is done or omission is made improperly or unnecessarily by or on behalf of a party, the Court may direct that any costs to that party in respect of it shall not be allowed to the party and that any costs occasioned by it to other parties shall be paid by the party to them.

(2) Without prejudice to the generality of sub-rule 1 of this Rule, the court, shall for the purpose of that sub-rule have regard in particular to the following matters, that is to say:

(a) the omission to do anything the doing of which would have been calculated to save costs;

(b) the doing of anything calculated to occasion or in a manner or at a time calculated to occasion unnecessary costs;

(c) any unnecessary delay in the proceedings.

(3) The Court may, instead of giving a direction under sub-rule 1 of this Rule in relation to anything done or any omission made, direct the taxing officer to inquire into it and, if it appears to the Court that such a direction as aforesaid should have been given in relation to it, to act as if the appropriate direction had been given.

13. (1) Subject to the following provisions of this Rule, where in any proceedings costs are incurred improperly or without reasonable cause or are wasted by undue delay or by any other misconduct or default the Court may make against any Legal Practitioner whom it considers to be responsible (whether personally or through a servant or agent) an order:

(a) disallowing the costs as between the Legal Practitioner and the client; and

(b) directing the Legal Practitioner to pay to the client costs which the client has been ordered to pay to other parties to the proceedings; or

(c) directing the Legal Practitioner personally to indemnify such other parties against costs payable by them.

(2) The provisions of Rule 13 sub-rule 1 shall apply where proceedings in court cannot conveniently proceed or fails or are adjourned without useful progress being made:

(a) because of the failure of the Legal Practitioner to attend in person or by a proper representative; or

(b) because of the failure of the Legal Practitioner to deliver any document for the use of the court which ought to have been delivered or to be prepared with any proper evidence or account or otherwise to proceed.

(3) No order under this Rule shall be made against a Legal Practitioner unless the Legal Practitioner has been given a reasonable opportunity to appear before the Court to show cause why the order should not be made.

(4) The Court may direct that notice of any proceedings or order against a Legal Practitioner under this Rule shall be given to the Legal Practitioner’s client in such manner as may be specified in the direction.

(5) If, on the taxation of costs to be paid out of a fund, one sixth or more of the amount of the bill for those costs is taxed off, the Legal Practitioner whose bill it is shall not be allowed the fees to which the Legal Practitioner would otherwise be entitled for drawing the bill and for attending the taxation.

14. Every bill of costs (other than a bill delivered by a Legal Practitioner to the client which falls to be taxed under the Legal Practitioners Act) shall be referred to the Registrar for taxation and may be taxed by the Registrar or such other taxing officer as the Chief Judge may appoint.

15. The party applying for taxation shall file the bill and give notice to other parties entitled to be heard on the taxation, and shall at the same time, if the party has not already done so, supply them with a copy of the bill.

16. A taxing officer shall have power to tax any costs the taxation of which is required by any law or directed by order of the Court.

17. A taxing officer may, with respect to the taxation of costs:

(a) take an account of any dealings in money made in connection with the payment of the costs being taxed, if the Court so directs;

(b) require any party represented jointly with any other party in any proceedings before the taxing officer to be separately represented;

(c) examine any witness in those proceedings;

(d) direct the production of any document which may be relevant in connection with those proceedings.

18. (1) A taxing officer may:

(a) extend the period with which a party is required by or under these Rules to begin proceedings for taxation or to do anything in or in connection with proceedings before that officer;

(b) where no period is specified by or under these Rules or by the Court for the doing of anything in connection with such proceedings, specify the period within which the thing is to be done.

(2) Where an order of the Court specifies a period within which anything is to be done by or before a taxing officer, then unless the Court otherwise directs, the taxing officer may from time to time extend the period so specified on such terms, if any, as the taxing officer deems fit.

(3) A taxing officer may extend any such period as is referred to in the foregoing provisions of this Rule although the application for extension is not made until after the expiration of that period.

19. Where a party entitled to be paid costs is also liable to pay costs, the taxing officer may:


(a) tax the costs which that party is liable to pay and set off the amount allowed against the amount the party is entitled to be paid and direct payment of any balance; or

(b) delay the issue of a certificate for the costs the party is entitled to be paid until the party has paid or tendered the amount the party is liable to pay.

20. (1) A party entitled to require any costs to be taxed shall begin proceedings for the taxation of those costs by filing in the registry, a bill of costs and obtain a day and time for the taxation thereof. Such party shall give at least 7 days’ notice to every other party of the day and time appointed for taxation proceedings and at the same time serve a copy of the bill of costs to the other party if the party has not already done so.

(2) A notice under sub-rule 1 of this Rule need not be given to any party who has not entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings.

21. (1) In any bill of costs, the professional charge and the disbursements shall be entered in separate columns and every column shall be cast before the bill is left for taxation.

(2) Before a bill of costs is left for taxation it shall be indorsed with:

(a) the name or firm and business address of the Legal Practitioner whose bill it is; and

(b) if the Legal Practitioner is the agent of another, with the name or firm and business address of that other Legal Practitioner.

22. (1) If any party entitled to be heard in any taxation proceedings does not attend within a reasonable time after the time appointed for the taxation, the taxing officer, if satisfied by affidavit or otherwise that the party had due notice of the time appointed, may proceed with the taxation.

(2) The taxing officer by who any taxation proceedings are being conducted may, if the taxing officer deems it necessary to do so, adjourn those proceedings from time to time.

23. Upon the completion of the taxation of any bill of costs the taxing officer shall certify the result of the taxation including the costs thereof.

24. The fees payable on taxation shall be paid by the party on whose application the bill is taxed and shall be allowed as part of the bill.

25. Any party to any taxation proceedings who is dissatisfied with the allowance or disallowance in whole or in part of any item by a taxing officer or with the amount allowed by a taxing officer in respect of any item, may apply to the Court for an order to review the taxation as to that item.

26. (1) An application under Rule 25 of this Order shall be made by summons at any time within 14 days after the taxing officer’s certificate.

(2) Unless the Court otherwise directs, no further evidence shall be received on the hearing of an application under this Rule, and no ground of objection shall be raised which was not raised on taxation. But save as aforesaid, on the hearing of any such application, the court may exercise all such powers and discretion as are vested in the taxing officer in relation to the subject matter of the application.

(3) On an application under this Rule, the Court may make such order as the circumstances require and in particular may order the taxing officer’s decision to be amended or, except where the dispute as to the item under review is as to amount only, order the item to be remitted to the same or another taxing officer for taxation.

1. In any proceeding before a Judge in Chambers, any party may, if the party so desires, be represented by a Legal Practitioner.

2. Unless the opposite party or the counsel to the opposite party objects, the Judge may, on application, conduct any proceeding (except actual trial) in Chambers, and may also, on application, adjourn any such proceeding from court to Chambers or vice versa.

3. Upon application for the appointment of guardians of infants and allowance for maintenance, the evidence shall show:
(a) the ages of the infants;

(b) the nature and amount of the infants’ fortunes and incomes; and

(c) what relations the infants have.

4. At any time during the proceeding under any judgement or order, the Judge may, if the judge deems fit, require a guardian to be appointed for any person under legal disability not adjudged a lunatic, who has been served with notice of such judgement or order.

5. Where any matter originating in Chambers shall, at the original or any subsequent hearing have been adjourned for further consideration in chambers, such matter may, after the expiration of 8 days and within 14 days from the filing of the certificate, be brought on for further consideration by a summons to be taken out by the party having the conduct of the matter, and after the expiration of such 14 days by a summons to be taken out by any other party. Such summons shall be in the form following:

“That this matter, the further consideration whereof was adjourned by the order of the……………….. on…………………. ………………. day of………………….. 20……… may be further considered”

and shall be served 7 clear days before the return:

Provided that this Rule shall not apply to any matter, the further consideration whereof shall, at the original or any subsequent hearing, have been adjourned in Court.

6. Notes shall be kept of all proceeding in the Judges’ Chambers with proper dates, so that all such proceedings in such cause or matter may appear consecutively and in chronological order, with a short statement of the question or points decided or ruled at every hearing.

7. Orders made in Chambers shall, unless the Judge otherwise directs, be drawn up by the Registrar and signed by the Judge. Such orders shall be entered in the same manner as orders made in Court.

8. Subject to the provisions of the Law and of these Rules, the costs of, and incident to all proceedings in Chambers shall be at the discretion of the Judge.

9. This Rule shall apply in the case of decisions given by a Judge in Chambers on appeal from the Chief Registrar under Rule 4 of Order 40.

1. Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out an originating summons, for such relief of the nature or kind following as may by the summons be specified, and as the circumstances of the case may require, that is:

(a) payment of moneys secured by the mortgage or charge;

(b) sale;

(c) foreclosure;

(d) delivery of possession (whether before or after foreclosure) to the mortgagee or person entitled to the charge, by the mortgagor or person having the property subject to the charge, or by any other person in, or alleged to be in possession of the property;

(e) redemption;

(f) reconveyance;

(g) delivery of possession by the mortgagee.

2. Orders for payment and for possession shall be in Forms 34, 35 and 36 of these Rules with such variations as the circumstances of the case may require, and the like forms shall be used under corresponding circumstances in actions for the like relief commenced by writ.

3. The Court may give any special directions concerning the execution of the judgement, or the service thereof upon persons not parties to the cause or matter as it deems fit.

1. Every judgement or order directing accounts or inquiries to be taken or made shall be brought to a Judge by the party entitled to prosecute the same within 10 days after such judgement or order shall have been entered or filed, and in default thereof any other party to the cause or matter shall be at liberty to bring in the same, and such party shall have the prosecution of such judgement or order unless the Judge shall otherwise direct.

2. Upon a copy of the judgement or order being left, a summons shall be issued to proceed with the accounts or inquiries directed, and upon the return of such summons the Judge, if satisfied by proper evidence that all necessary parties have been served with notice of the judgement or order, shall thereupon give directions as to:
(i) the manner in which each of the accounts and inquires is to be prosecuted;

(ii) the evidence to be adduced in support thereof;

(iii) the parties who are to attend on the several accounts and inquiries; and

(iv) the time within which each proceeding is to be taken,

and a day or days may be appointed for the further attendance of the parties, and all such directions may afterwards be varied by addition thereto or otherwise, as may be found necessary.

3. Where by a judgement or order a deed is directed to be settled by a Judge in case the parties differ, a summons to proceed shall be issued, and upon the return of the summons the party entitled to prepare the draft deed shall be directed to deliver a copy thereof, within such time as the judge shall deem fit, to the party entitled to object thereto, and the party so entitled to object shall be directed to deliver to the other party a statement in writing of the objections, if any, within 8 days after the delivery of such copy, and the proceeding shall be adjourned until after the expiration of the said period of 8 days.

4. Where, upon the hearing of the summons to proceed, it appears to the Judge that by reason of absence, or for any other sufficient cause, the service of notice of the judgement or order upon any party cannot be made, the Judge may, if the Judge shall deem fit, order any substituted service or notice by advertisement or otherwise in lieu of such service.

5. If on the hearing of the summons to proceed it shall appear that all necessary parties are not parties to the action or have not been served with notice of the judgement or order, directions may be given for advertisement for creditors, and for leaving the accounts in Chambers. Adjudication on creditors’ claims and the accounts are not to be proceeded with, and no other proceeding is to be taken, except for the purpose of ascertaining the parties to be served, until all necessary parties shall have been served and until directions shall have been given as to the parties who are to attend the proceedings.

6. Copies, abstracts, extracts of or from accounts, deeds or other documents and pedigrees and concise statements shall, if directed, be supplied for the use of the judge, and where so directed, copies shall be handed over to the other parties.

Provided that no copies shall be made of deeds or documents where the originals can be brought in unless the Judge shall otherwise direct.

7. At the time any summons to proceed is obtained, an entry thereof shall be made in the Summons Book, stating the date on which the summons issued, the name of the cause or matter, and by what party, and shortly for what purpose such summons is obtained, and at what time such summons is returnable.

1. (1) This order shall not apply where the person in occupation of land is:

(a) a tenant; or

(b) a tenant holding over after termination of a tenancy; or

(c) a licensee of the owner or person entitled to possession; or

(d) a person who had the consent of the predecessor in title of the person who is entitled to possession.

(2) Where a person claims possession of land under this Order, proceedings may be brought by originating summons in accordance with the provisions of this Order.

2. The originating summons shall be in Form 37 and no acknowledgement of service shall be required.

3. The Plaintiff shall file in support of the originating summons an affidavit stating:

(a) the plaintiffs interest in the land;

(b) the circumstances in which the land has been occupied without license or consent and in which the claim to possession arises; and

(c) that the plaintiff does not know the name of any person occupying the land who is not named in the summons.

4. (1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on the person:

(a) personally or in accordance with Order 7 Rule 1 sub-rule 2; or

(b) by leaving a copy of the summons and of the affidavit or sending them to the person at the premises; or

(c) in such other manner as the Judge may direct.

(2) The summons shall, in addition to being served on the named defendants, if any, in accordance with sub-rule 1 of this Rule be served, unless the judge otherwise directs by:

(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and

(b) if practicable, inserting through the letter box at the premises, a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to “the occupiers”

(3) Every copy of an originating summons for service under sub-rule 1 or 2 this Rule shall be sealed with the seal of the Court out of which the summons was issued.

5. Without prejudice to Rule 16 of Order 13, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.

6. (1) An order for possession in proceedings under this Order shall be in Form 38 with such variations as circumstances may require.

(2) Nothing in this Order shall prevent the Judge from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.

7. No writ of possession to enforce an Order for possession under this Order shall be issued after the expiration of 3 months from the date of the order without the leave of the Judge. An application for leave may be made ex-parte unless the Judge otherwise directs.

8. (1) The judge may, on such terms as the Judge deems fit, set aside or vary any order made in any proceedings under this Order.

(2) In this Order “landed property” means land with or without building thereon.

1. Where any application is made to a Judge for a stay of execution or of proceedings under any judgement or decision appealed from, such application shall be made by notice of motion supported by affidavit setting forth the grounds upon which a stay of execution or of proceedings is sought.

2. An applicant for an order of stay of execution of a judgement or stay of proceedings shall compile the records of appeal within 60 days from the day of judgement or decision appealed from and where the record is not so compiled, the respondent may apply to strike out the application or discharge the order if already granted.

3. (1) The Court may make or refuse to make an order for stay of execution or of proceedings.

(2) An order for stay may be made subject to such conditions as shall appear just, including the deposit in Court of any money adjudged due to any party in the judgement or decision appealed from.

1. Every appeal shall be brought by notice of appeal, which shall be lodged in the lower Court within 30 days of the decision appealed from and served on all other parties affected by the appeal within that period.

2. (1) The notice of appeal shall set out the reference number of the proceedings in which the decision complained of was given, the names of the parties, the date of such decision and the grounds for appeal in full.

(2) Where the appellant complains only of a part of the decision, appeal shall be taken to be against the decision as a whole.

(3) The notice of appeal shall give an address within the Judicial Division in which the lower court appealed from is situated, to which notices may be sent to the appellant, and such notices may be sent to the appellant by registered post.

Form 39.

(4) The notice of appeal shall be in Form 39 in the appendix and may be varied to suit the circumstances of the case but so that no variation of substance shall be made.

3. The Registrar of the lower Court shall, within three months of the decision appealed from, prepare as many certified copies of the proceedings required for the consideration of the appeal as there are parties on record. Save where the fees for preparing such copies are remitted, a deposit decided upon by the Registrar as likely to cover such fees, shall be made by the appellant before preparation of such copies.

4. The Registrar of the lower Court shall within 7 days of preparing the copies aforesaid send the same to the Registrar of the Court in the Judicial Division in which the lower Court is situated, and the appeal shall be decided by the Court of that Division.

5 . When notifying a party of the day fixed for the hearing of the appeal, the Registrar of the Court shall send a copy of the proceedings to such party.

6. The times prescribed in rules 1 to 4 maybe enlarged at any time by the Court on such terms (if any) as may seem fit, after notice given to the respondent by the appellant of an application for enlargement of time.

7. Where the time available to the appellant for the taking of any step has expired before such step has been taken or completed, the respondent may, on notice to the appellant, apply to the Court to strike out the appeal, and the Court may strike out, or enlarge time for sufficient reason shown.

8. The appeal shall come on for hearing at such time and at such place as the Registrar of the Court shall notify to the parties.

9. (1) If, on the day of hearing and at any adjournment of the case, the appellant does not appear, the appeal shall be struck out and the decision shall be affirmed, unless the Court thinks fit, for sufficient cause, to order otherwise.

(2) If in any such case the respondent appears, the judgement shall be with costs of the appeal against the appellant, unless the Court expressly orders otherwise; but if the respondent does not appear, the costs of appeal shall be at the discretion of the Court.

10. If, on the day of hearing and at any adjournment of the case, the appellant appears, the court shall, whether the respondent appears or not, proceed to the hearing or further hearing and determination of the appeal, and shall give judgement according to the merits of the case without regarding to any imperfection or defect of form.

Provided that if it appears or is proved to the Court that the appellant has not complied with the requirements precedent to the hearing of an appeal herein before contained, the Court shall dismiss the appeal and affirm the decision, with or without costs of appeal against the appellant.

11. At the hearing of the appeal, it shall not be competent for the appellant to go into any grounds of appeal other than those set forth in the notice of appeal:

Provided that where, in the opinion of the Court, other grounds of appeal than those set forth in the notice of appeal should have been given or the statement of grounds of appeal is defective, the Court, in its discretion, may allow such amendments of the notice of appeal upon such conditions as to service upon the respondent and as to costs as it may think fit.

12. (1) The respondent may give notice that the respondent intends at the hearing to ask the court to confirm the judgement of the lower Court on grounds other than those stated by the lower Court.

(2) The notice shall be accompanied by a clear statement of the grounds on which the respondent intends to ask the Court to confirm the judgement of the lower Court.

(3) Such notice and grounds shall be filed in Court within 14 days of service on the respondent of the notice of appeal, and shall be served on the appellant or the appellant’s Legal Practitioner.

13. (1) The respondent may file grounds of appeal against any part of the judgement of the lower Court.

(2) Such grounds shall be filed by the respondent within 14 days of service on the respondent of the appellant’s notice of appeal, and shall be served on the appellant or the appellant’s Legal Practitioner before the hearing.

14. (1) No objection on account of any defect in the form of setting forth any ground of appeal shall be allowed, unless the Court is of the opinion that the ground of appeal is so imperfectly or incorrectly stated as to be insufficient to enable the respondent to enquire into the subject matter thereof or to prepare for the hearing.

(2) In any case where the Court is of the opinion that any objection to any ground of appeal ought to prevail, the Court may, if it thinks fit, cause the ground of appeal forthwith to be amended upon such terms and conditions, if any, as the Court may think just.

15. On any appeal from a decision of a lower Court, no objection shall be taken or allowed to any proceeding in such Court for any defect or error which might have been amended by that Court, or to any complaint, summons, warrant, or other process to or of such Court for any alleged defect therein in substance or in form, or for any variance between any complaint or summons and the evidence adduced in support thereof in such Court.

Provided, however, that if any error, defect, or variance mentioned in this rule appears to the Court at the hearing of any appeal to be such that the appellant has been thereby deceived or misled, it shall be lawful for the Court either to refer the case back to the lower Court with directions to rehear and determine the same or to reverse the decision appealed from, or to make such other order for disposing of the case as justice may require.

16. No objection shall be taken or allowed, on any appeal, to any notice of appeal which is in writing or to any recognizance entered into under this Order for the due prosecution of such appeal for any alleged error or defect therein: but if any such error or defect appears to the Court to be such that the respondent on such appeal has been thereby deceived or misled, it shall be lawful for the Court to amend the same and, if it is amendment and the adjournment, if any, being made on such terms as the Court may deem just.

17. The Court may, in any case where it may consider it necessary that evidence should be adduced, either:-

(a) order such evidence to be adduced before the Court on some day to be fixed in that behalf; or

(b) refer the case back to the lower Court to take such evidence, and may in such case either direct the lower Court to adjudicate afresh after taking such evidence and subject to such directions in law, if any, as the Court may think fit to give, or direct the lower Court, after taking such evidence, to report specific findings of fact for the information of the Court, and on any such reference the case shall, so far as may be practicable and necessary, be dealt with as if it were being heard in the first instance.

18. (1) When additional evidence is to be taken by the lower Court and specific findings of facts reported, it shall certify such evidence to the Court which shall thereupon proceed to dispose of the appeal.

(2) The appellant or the appellant’s Legal Practitioner shall be present when the additional evidence is being taken.

(3) Evidence taken in pursuance of rule 17 shall be taken as if it were evidence taken at the trial before the lower Court.

(4) When forwarding to the Court any additional evidence taken by a lower Court in pursuance of rule 17, the lower Court may express its opinion on the demeanour of the witnesses and of the value of their evidence and may also, if it is the same Court against whose decision the appeal has been made, state whether or not it would have come to a different decision had the additional evidence been brought forward at the trial.

19. The fees in the 1st Appendix shall be chargeable in civil appeals save where the same would have to be paid by a government officer acting in an official capacity or where the lower Court or the Court waives or remits the same on the ground of the poverty of the person chargeable therewith where it appears that there are substantial grounds of appeal.

20. Allowances may be made to witnesses in accordance with the provisions of the 2nd Appendix.

21. (1) On application being made for stay of execution under any enactment establishing the lower Court, the lower Court or the Court may impose one or more of the following conditions:-

(a) that the appellant shall deposit a sum fixed by the Court not exceeding the amount of the money or the value of the property affected by the decision or judgement appealed from, or give security to the satisfaction of the Court for the said sum;

(b) that the appellant shall deposit a sum equal to the amount of the costs allowed against the appellant or give security to the satisfaction of the Court for the said sum;

(c) that the appellant shall, where the decision or judgement appealed from relates to possession of land or houses, give security to the satisfaction of the Court for the performance of the decision or judgement in the event of the appeal being dismissed;

(d) that the appellant’s property shall be seized and attached pending the making of a deposit or the giving of security as aforesaid including a deposit or security for the expenses incidental to the seizure and attachment.

(2) Any order made on any such application shall limit the time, not being more than thirty days, for the performance of the conditions imposed, and direct that in default of such performance within the time so limited execution may issue or proceed.

(3) An application for stay of execution under the enactment establishing the lower Court may be made at any time after lodging of the notice of appeal and shall in the first instance be made to the lower Court.

Provided that where the Court has ordered execution, the application shall not be made to the lower Court but to the Court.

(4) The application may be made ex-parte but the Court may direct notice thereof to be given to the other party to the appeal. Where an order is made ex- parte, the Registrar of the Court shall notify the other party of the order made.

(5) Where the appellant proposes to give security instead of making a deposit, the application shall state the nature of the security and the name of the surety proposed, if any.

(6) Any party dissatisfied with an order made by the lower Court may apply to the Court by motion with notice to the other party for a review of the order, and the Court may thereupon make such an order as may seem just.

(7) An appeal shall not operate as a stay of execution under the decision or judgement appealed from except so far as the lower Court or the Court may order.

22 . The Court may make such order as to the payment of costs by or to the appellant as it may deem to be just and such order may be made also in any case where an appeal has not been entered or prosecuted.

23. (1) The Court may, in special circumstances, upon an application by motion on notice, supported by affidavit, order the appellant to deposit such sum or give such security as may seem fit for the respondent’s costs of appeal including the costs incidental to the application.

(2) The order shall limit the time, not exceeding thirty days, within which the deposit or security shall be made or given and may direct that in default of its being made or given within the time so limited the appeal shall, without further order, stand dismissed.

(3) Where an appeal so stands dismissed, the respondent shall be entitled to all reasonable costs occasioned by the appeal and the amount of such costs may be stated in the order in anticipation or may be assessed at any time by the Court of its own motion or upon an application made ex parte or on notice as the court may deem fit.

(4) Where an appeal so stands dismissed, the appellant shall take no further step or proceeding therein save by leave of the Court for reinstatement of the appeal, which may be granted on such terms, if any, as may seem just upon an application by motion on notice made within a month of such dismissal, but not otherwise.

(5) Without prejudice to the discretion of the Court to grant costs where it seems proper on an application made under sub-rule (1) of this rule, costs shall not normally be granted to the applicant save where the net proceeds of execution levied on the applicant’s goods are insufficient to satisfy the amount payable under the judgement or decision appealed from.

24. (1) When a case is decided on appeal, the Court shall certify its judgement or order to the lower court in which the decision appealed against was pronounced.

(2) The lower Court to which the Court certifies its judgement or order shall thereupon make such orders as are in conformity with the judgement or order of the Court, and, if necessary, the records shall be amended in accordance therewith.

25. After the pronouncement of the judgement of the Court, the lower Court from which the appeal came shall have the same jurisdiction and power to enforce, and shall enforce, any decision which may have been affirmed, modified, amended, or substituted by the Court or any judgement which may have been pronounced by the Court, in the same manner in all respects as if such decision or judgement had been pronounced by itself.

26. Any order given or made by the Court may be enforced by the Court or by the lower Court as may be most expedient.

27. The Court may, if it deems fit, enlarge any period of time prescribed by this Order.

28. In this Order:-

“the lower Court” means the Court whose judgement is appealed against, and includes a District Court but does not include an Arbitrator, a Referee or an Auditor;

“judgement” includes an Order or a Ruling.

1. This Order shall apply to any appeal to the Court from a decision of an Auditor made under the provisions of any written law, which confers the right to appeal to the High Court against any such decision.

2. An appeal to the Court from a decision of an Auditor shall be by notice of motion.

3. The evidence upon the hearing of the appeal shall be by affidavit except in so far as the Court at the hearing may direct oral evidence to be given.

4. The notice of motion shall be served, before the expiration of six weeks after the date of the decision to which it relates, upon the Auditor in charge of the audit in respect of which the decision has been made and also upon the local government or other body in relation to whose accounts or to the accounts of whose officer the decision was given, if that local government or other body is not the appellant.

5. The notice of motion shall state the grounds of appeal, and the date mentioned in the notice for the hearing of the appeal shall be not less than twenty-eight days after the service of the notice.

6. (1) The appellant shall within seven days after service on the Auditor of the notice of motion, file with the Registrar a copy of such notice and an affidavit or affidavits setting out the reasons stated by the Auditor for the Auditor’s decision, and the facts upon which the appellant intends to rely at the hearing and thereupon the motion shall be set down for hearing.

(2) If the notice of motion is not set down in accordance with this provision, either the local government or other body or the Auditor may apply to the Court, upon notice to the appellant, for an order discharging the notice of motion and for the costs of the application.

7. The appellant shall deliver forthwith to the local government or other body and to the Auditor a copy of any affidavit filed under rule 6 in support of the motion and any person intending to oppose the motion shall within four days at least before the hearing, deliver to the appellant a copy of any affidavit intended to be filed by in opposition to the motion.

8. Where under rule 4 the notice of motion is served on an Auditor other than the Auditor who gave the decision, the Auditor served with the notice of motion may appear in opposition thereto in all respects as the Auditor by whom the decision was given, and these provisions shall apply accordingly.

1. In this Order “petitioner” means a person applying for a legitimacy declaration, and “petition” has a corresponding meaning.

2. The practice and rules of the Court shall, so far as practicable, govern all proceedings under the Legitimacy Law, subject nevertheless to the particular provisions of this Order.

3. (1) A petition shall be headed “In the matter of the Legitimacy Law”, and “In the matter of – (the person to be declared legitimated)” and shall be according to the prescribed form, with such variations and additions as the circumstances may require, and shall state among other matters:-

(a) the place and date of the marriage concerned;

(b) the status and residence of each of the parents and the occupation and domicile of the father of the person whose legitimacy the Court is asked to declare:-

(i) at the date of the person’s birth, and

(ii) at the date of the marriage;

(c) whether there are other living issues of the parents of such person as aforesaid and the respective names and dates of birth of all such issues;

(d) the person, if any, affected by the legitimation of such person as aforesaid and the value so far as is known of the property, if any, thereby involved;

(e) whether any and if so what previous proceedings under the Legitimacy Law, or otherwise with reference to the paternity of such person as aforesaid, or the validity of the marriage leading to the person’s legitimation have been taken in any Court;

(f) that there is no collusion.

(2) A petition shall also include an undertaking by the petitioner, if not an infant or person of unsound mind, to pay the costs of the respondents if the Court shall so direct.

(3) If the petitioner is an infant or person of unsound mind, the petition shall be made by a next friend or guardian ad litem and the full names, occupation or description, and residence or place of business, of the next friend or guardian ad litem shall be stated in the petition, and there shall be lodged by the next friend or guardian ad litem with the petition an undertaking to be responsible for costs.

4. If the petitioner does not reside in the State, the petition shall state an address within the State at which the petitioner may be served with any summons, notice, order of court or other process.

5. Where it appears on the presentation of a petition that the petitioner does not reside in the state, the petition shall not be filed until security for costs, by deposit of money or otherwise, has been given to the satisfaction of the Registrar.

Provided that where the petition is filed through a legal practitioner, an undertaking by him, in form to be approved by the Registrar, to be responsible for the costs shall be sufficient.

6. The respondents to a petition shall be the Attorney-General of the State and all persons whose interests may be affected by the legitimacy declaration asked for, and the Court may at any time direct any person not made a respondent to be made respondent and to be served with the petition and affidavit, and may adjourn the hearing of the petition for that purpose on such terms as to costs or otherwise as may be just.

7. The petition shall be accompanied by an affidavit made by the petitioner, or by the next friend or guardian ad litem, if any, verifying the facts alleged in the petition, and the affidavit shall be filed with the petition.

8 . (1) There shall filed with the petition as many copies of the petition and the affidavit as there are respondents to be served and also two copies for the use of the Court.

(2) There shall be lodged with the petition every birth, death or marriage certificate intended to be relied upon at the hearing.

9. (1) A copy of the petition and a copy of the affidavit shall be delivered or sent by registered post by the petitioner to the Attorney-General’s Chambers at least two months before the petition is presented or filed.

(2) Any document or notice addressed to the Attorney- General shall be addressed to the Attorney-General’s Chambers, Ministry of Justice, Kaduna State……………..

10. (1) A sealed copy of the petition and affidavit shall, unless the Court otherwise directs, be served personally on every respondent other than the Attorney-General, by a bailiff or other officer of the Court at least fifty-six days before the date fixed for hearing of the petition, and the petition and every copy to be served on a respondent, other than the Attorney-General, shall be endorsed with a notice in the prescribed form.

(2) A least fifty-six days’ notice of the day the petition will first be heard shall be given by the Registrar to the Attorney-General

11. (1) A respondent may within twenty-eight days after service of the petition upon that respondent file an answer to the petition.

Form 45

(2) Every answer which contains matters other than a simple denial of the facts stated in the petition shall be accompanied by an affidavit made by the respondent verifying such other matter.

(3) There shall be filed with the answer as many copies of the answer and the affidavit, if any, as there are other parties to be served and also two copies for the use of the Court.

(4) The Registrar shall within forty-eight hours of receiving them send by post one sealed copy of the answer and the affidavit, if any, to the petitioner, the Attorney-General, and any other respondent.

12. Evidence on the hearing of the petition shall be given orally:

Provided that the Court or a Judge in Chambers may, on application made before or at the hearing, for good cause shown, direct that any particular fact or facts alleged in the petition or answer may be proved by affidavit.

13. The Court may make such orders as to costs as it shall think just.

14. A copy of the order made on the hearing of a petition sealed with the seal of the Court shall be supplied by the Registrar to any party to the proceedings on payment of the prescribed fee.

1. (1) Subject to the provisions, of Rules 44 and 45 of this Order, when any person subject to the jurisdiction of the Court dies, all applications for the granting of any Letters of Administration of the estate of the deceased person, with or without a Will attached, and all applications on other matters connected therewith shall be made to the Probate Registrar of the Court.

(2) The Chief Judge shall request a Judge of any Judicial Division to take measures and make such orders as may appear necessary or expedient for the interim preservation of the property of the deceased within such Judicial Division, for the discovery or preservation of the Will of the deceased or for any other purposes connected with the duties of the Judge under this Order, and every Judge shall carry out any such request as far as practicable and report to the Chief Judge.

(3) No grant of administration with the Will attached shall issue within 7 days of the death of the deceased; and no grant of administration, without the Will attached, shall issue within 14 days of such death,

2. The Judge shall, when the circumstances of the case appear so to require, forthwith on the death of a person, or as soon after as may be, appoint and authorize an officer of the Court, or some other fit person, to take possession of the property of the deceased within its jurisdiction, or put it under seal and so keep it until it can be dealt with according to law.

3. If any person other than the named executor or administrator, or an officer of the Court, or a person authorized by the Judge, takes possession of and administers or otherwise deals with the property of any deceased person, he shall, besides the other liabilities he may incur, be liable to a fine of not less than N10,000:00 (ten thousand naira) as the judge, having regard to the condition of the person so interfering with the property and the other circumstances of the case, may deem fit to impose.

4. Any person having in his possession or under his control any paper or writing or any deceased person, being or purporting to be testamentary, shall forthwith deliver the original to the Probate Registrar of the Court. If any person fails to do so within 3 months after having had knowledge of the death of the deceased, he may be liable to a fine of N5,000:00 (five thousand naira) as the Judge, having regard to the condition of such person in default and other circumstances of the case, may deem fit to impose.

5. Where it appears that any paper of the deceased, being or purporting to be testamentary is in the possession of, or under the control of any person, a Judge may, upon an ex-parte application, whether or not a suit or proceeding respecting probate or administration is pending, order him to produce the paper and bring it into Court.

6. Where it appears that there are reasonable grounds for believing that any person had knowledge of any paper being or purporting to be testamentary, although it is not shown that the paper is in his possession or under his control, a Judge may, upon an ex-parte application, whether or not a suit or proceeding in respect of probate or administration is pending, order that he be examined in respect of the same in Court, or on interrogatories, and that he attends Court for that purpose, and after examination that he produces the paper and bring it into Court.

7. The Judge may, on the application of any person claiming an interest under a Will, give notice to the executors therein named to come in and prove the Will, or to renounce probate, and they, or some or one of them, shall within 21 days after notice, come in and prove or renounce accordingly.

8. If any named executor in the Will of the deceased takes neglecting to apply possession and administers or otherwise deals with any part of the property of the deceased, and does not apply for probate within 3 months after the death of the deceased, or after the termination of any suit for or dispute in respect of probate or administration, he may, independent of any other liability, be deemed to be in contempt of Court, and shall be liable to such fine of not less than N10,000:00(ten thousand naira) as the Judge may deem fit to impose.

9. The Judge shall require evidence, in addition to that offered by the applicant, where additional evidence in that behalf seems to the Judge necessary or desirable, in regard to the identity of the deceased or of the applicant, or in regard to the relationship of the applicant to the deceased, or in regard to any person or persons in existence with a right equal or prior to that of the applicant to the grant of probate or administration sought by the applicant or in respect of any other matter which may be considered by the Judge relevant to the question whether the applicant is the proper person to whom the grant should be made:

Provided that the Judge may refuse the grant unless the applicant produces the required evidence on these points or any of them as required by the Judge.

10. Where it appears to the Judge that some person or persons other than the applicant may have at least an equal right with the applicant to the grant sought, the Judge may refuse the grant until due notice of the application has been given to such person or persons, and an opportunity given to such person or persons to be heard in respect of the application:

Provided that the Judge may in his discretion refuse the grant unless and until all persons entitled to the grant in priority to the applicant shall have expressly renounced their prior right.

11. Every applicant for a grant of Probate or Letters of Administration shall file in the Court a true declaration of all the personal property of the deceased and the value thereof:

Provided that for the purpose of the fees payable on Probate or Letters of administration, the value of the property in respect of which the grant is made shall be deemed not to include:

(a) any gratuity payable by the Government of the Federation of Nigeria, or of a State, to the estate of any person formerly employed by either of such Government or by a Statutory Corporation;

(b) any sum of money payable to an estate from a Provident or Pensions Fund established under the provisions of any applicable law.

12. All inquiries that a Judge sees fit to institute shall be answered to his satisfaction before the issuance of Letters of Administration. The Judge shall afford as great a facility for the obtaining of Letters of Administration as is consistent with due regard to the prevention of error and fraud.

13. Suits in respect of administration shall be instituted and carried on as nearly as may be practicable in the like manner and subject to the same rules of procedure as suits in respect of ordinary claims.

14 . Any person may deposit his Will for safe custody in the Probate Registry, sealed under his own seal and the seal of the Court.

15. Every original Will, of which probate or administration with Will attached is granted, shall be filed and kept in the Probate Registry in such manner as to secure at once its due preservation and convenient inspection. A copy of every such Will and of the probate or administration shall be preserved in the Registry.

16. No original Will shall be given out for any purpose without the direction in writing of a Judge. A certified transcript under the seal of the Court of the probate or administration with the Will attached may be obtained from the Court.

17. (1) On receiving an application for administration with Will attached, a Judge shall inspect the Will, and see whether it appears to be signed by the testator or by some other person in the presence or the testator, and by the testator’s direction, and subscribed by two witnesses according to the applicable Law and shall not proceed further if the Will does not appear to be so signed and subscribed .

(2) If the will appears to be so signed and subscribed, the Judge shall refer to the attestation clause and consider whether the wordings thereof state the Will to have been in fact executed in accordance with those enactments.

18. (1) Where a Will contains no attestation clause or the attestation clause is insufficient or where it appears to the Judge that there is some doubt about the due execution of the Will, he shall before admitting it to proof, require an affidavit as to due execution from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the Will was executed.

(2) If no affidavit can be obtained in accordance with the foregoing paragraph, the Judge may, if he deems fit, having regard to the desirability of protecting the interest of any person who may be prejudiced by the Will, accept evidence on affidavit from any person he may deem fit to show that the signature on the Will is the signature of the deceased, or of any other matter which may raise a presumption in favour of the due execution of the Will.

(3) If the Judge, after considering the evidence, is satisfied that the Will was not duly executed, he shall refuse probate and mark the Will accordingly.

19. Where the witnesses who subscribed to the Will are dead or if from other circumstances such an affidavit cannot be obtained from either of such witnesses, resort for such an affidavit shall be had to other persons present at the execution of the Will. But if no such affidavit can be obtained, proof shall be required of that fact, and of the handwriting of the deceased and of the subscribing witnesses, and also of other circumstances raising a presumption in favour of the due execution of the Will.

20. (1) Where in a Will, there is any obliteration, interlineations or other alteration which is not authenticated in the manner prescribed by law or by the re-execution of the Will or by the execution of a Codicil, the Judge shall require evidence to show whether the alteration was present at the time the Will was executed and shall give directions as to the form in which the Will is to be proved:

Provided that this sub-rule shall not apply to any alteration, which appears to the Judge to be of no practical importance.

(2) Where, from any mark on the Will, it appears to the Judge that some other document has been attached to the Will or if a Will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the Will, the judge may require the document to be produced and may call for such evidence in respect of the attachment or incorporation of the document as he may deem fit.

(3) Where there is doubt as to the date on which a Will was executed, the Judge may require such evidence as he may deem necessary to establish the date.

21. Any appearance of attempted revocation of a Will by burning, tearing or otherwise and every other circumstance leading to a presumption of revocation of the Will by the testator, shall be accounted for to the satisfaction of the Judge.

22. The Judge may require an affidavit from any person he may deem fit for the purpose of satisfying himself as to any of the matters referred to in Rules 18, 20 and 21 of this Order. In any such affidavit sworn by an attesting witness or other person present at the time of the execution of the Will, the deponent shall depose to the manner in which the Will was executed.

23. Where it appears to the Judge that there is prima facie evidence that a Will is one to which Section 9 of the Wills Act 1837 or any provision of the equivalent enactment in force in the state applies, the Will may be admitted to proof if the judge is satisfied that it was made by the testator in accordance with the provisions of that section or enactment as the case may be.

24. Where evidence of foreign law is required on any application for a grant, the Judge may accept an affidavit from any person whom, having regard to the particulars of his knowledge or experience given in the affidavit, he regards as suitably qualified to give expert evidence of the law in question.

25. Where the deceased died after commencement of this Order, the person or persons entitled to a grant of probate or administration with the Will attached shall be determined in accordance with the following order of priority:

(a) the executor;

(b) any residuary legatee or devisee holding in trust for any other person;

(c) any residuary legatee or devisee for life;

(d) the ultimate residuary legatee or devisee, including one entitled on the happening of any contingency or where the residue is not wholly disposed of by the Will, any person entitled to share in the residue not so disposed of, or the personal representative of any such person:

Provided that:

i) unless the Judge otherwise directs, a residuary legatee or devisee whose legacy or devise is vested in interest shall be preferred to one entitled on the happening of a contingency; and

ii) where the residue is not in terms wholly disposed of, the Judge may, if he is satisfied that the testator has nevertheless disposed of the whole or substantially the whole of the estate as ascertained at the time of the application for the grant, allow a grant to be made subject to Rule 68 of this Order to any legatee or devisee entitled to, or to a share in the estate so disposed of, without regard to the persons entitled to share in any residue not disposed of by the Will;

(e) any specific legatee or devisee or any creditor or, subject to sub-rule 3 of Rule 59, the personal representative of any such person or where the estate is not wholly disposed of by Will, any person who, notwithstanding that the amount of the estate is such that he has no immediate beneficial interest therein may have a beneficial interest in the event of an accretion to it;

(f) any specific legatee or devisee entitled on the happening of any contingency, or any person having no interest under the Will who would have been entitled to a grant if the deceased had died wholly intestate.

26. (1) An application to join with a person entitled to a grant of administration, a person entitled in a lower degree shall, in default of remuneration by all persons entitled in priority to the latter, be made to the Judge and shall be supported by an affidavit by the person entitled, the consent of the person proposed to be joined as personal representative and such other evidence as the Judge may require.

(2) An application to join with a person entitled to a grant of administration, a person having no right to it, shall be made to the Judge and shall be supported by an affidavit by the person entitled, the consent of the person proposed to be joined as personal representative and such other evidence as the Judge may require:

Provided that there may, without any such application be joined with a person entitled to administration;

(a) on the renunciation of all other persons entitled to join in the grant; any kin of the deceased having no beneficial interest in the estate;

(b) unless the Judge otherwise directs, any person whom the guardian of a minor may nominate for the purpose;

(c) a trust corporation.

27. Where the testator was blind or illiterate, the Judge shall not grant administration with the Will attached, unless the Judge is first satisfied, by proof or by what appears on the face of the Will, that the Will was read over to the deceased before its execution or that the deceased had at that time knowledge of its contents.

28. (1) The Judge, on being satisfied that the Will was duly executed, shall inspect it to see whether there are any interlineations, alterations, erasures, or obliterations appearing in it and requiring to be accounted for.

(2) lnterlineations, alterations, erasures, and obliterations are invalid unless they existed in the Will at the time of its execution or unless, if made afterwards, they have been executed and attested in the mode required by the relevant enactments; or unless they have been made valid by the re-execution of the Will or by the subsequent execution of some Codicil thereto.

(3) Where interlineations, alterations, erasures, or obliterations appear in the Will, unless duly executed or recited in or otherwise identified by the attestation clause, an affidavit in proof of their having existed in the Will before its execution shall be filed.

(4) Where no satisfactory evidence is adduced respecting the time when an alteration, erasure or obliteration was made and the words erased or obliterated are not entirely effaced, and can, on inspection of the Will, be ascertained, they shall form part of the probate. Where any words have been erased which might have been of importance, an affidavit shall be required.

29. (1) Where a Will contains a reference to any document of such nature as to raise the question whether it ought or ought not to form a constituent part of the Will, the Judge shall require the production of the document, with a view to ascertaining whether or not it is entitled to probate, and if it is not produced, a satisfactory account of its non production shall be given. A document cannot form part of a Will unless it was in existence at the time when the Will was executed.

(2) If there are vestiges of sealing wax or wafers, or other marks on the Will leading to the inference that some document has been at some time attached to the Will, a satisfactory account of them shall be required, and if this is not produced, a satisfactory account of its non- production shall be given.

30. Where a person appointed executor in a Will survives the testator but either dies without having taken probate or having been called on by the Court to take probate and does not appear, his right in respect of the executorship wholly ceases; and, further renunciation, the representation to the testator and the administration of his property may go and be committed as if that person had not been appointed executor.

31 . Every Will in respect of which an application for a grant is made shall be marked by the signature(s) of the applicant(s) and the person before whom the oath is sworn, and shall be exhibited to any affidavit which may be required under this Order as to the validity, terms, condition or date of execution of the Will.

Provided that where the Judge is satisfied that compliance with this Rule might result in the loss of the Will, he may allow a photocopy to be marked or exhibited in lieu of the original document

32. In every case where evidence is directed or allowed to be given by affidavit, the Judge may require the personal attendance of the deponent if within the jurisdiction, before the Court, to be examined viva voce respecting the content of his affidavit. The examination may take place before any affidavit has been sworn or prepared if the Judge deems fit.

33. (1) A Judge in granting Letters of Administration shall proceed as far as may be as in cases of probate.

(2) The Judge shall ascertain the time and place of the deceased’s death and the value of the property to be covered by the administration.

34. (1) The person to whom administration is to be granted shall give a bond with two or more responsible sureties to the satisfaction of the Judge. The bond shall affirm that the administrator shall be duly conditioned to collecting, getting in and administering the personal property of the deceased.

(2) The Judge may, if he deems fit, take one surety only where the gross value of the estate does not exceed N250, 000:00 (two hundred and fifty thousand naira) or where a corporation is proposed as a surety.

(3) The bond shall be in form of a penalty, which shall be twice the sum value of the estate of the deceased, unless the Judge deems it expedient to reduce the amount.

(4) The Judge may also in any case direct that more bonds than one shall be given, so as to limit the liability of any surety to such amount as the Judge deems reasonable.

35. (1) The Judge shall not require a guarantee as a condition of making a grant where it is proposed to make it:

a. by virtue of Rule 25(e) of this Order to a creditor or the personal representative of a creditor or to a person who has no immediate beneficial interest in the estate of the deceased but may have such an interest in the event of an accretion to the estate;

b. under Rule 61 of this Order to a person or some of the persons who would, if the person beneficially entitled to the whole of the estate died intestate be entitled to his estate;

c. under Rule 63 of this Order to the attorney of a person entitled to a grant;

d. under Rule 64 of this Order for the use and benefit of a minor:

e. under Rule 66 of this Order for the use and benefit of a person who by reason of mental or physical incapacity is incapable of managing his affairs;

f. to an applicant who appears to the Judge to be resident elsewhere than in the State.

(2) Notwithstanding that it is proposed to make a grant as aforesaid, a guarantee shall not be required, except in special circumstances, on an application for administration where the applicant or one of the applicants is the administrator-general or a trust corporation.

Probate Form 1.

(3) Every guarantee entered into by a surety for the purpose of this Order shall be in Probate Form 1 with such variations as circumstances may require.

(4) Except where the surety is a corporation, the signature of the surety on every such guarantee shall be attested by an authorized officer, Commissioner for Oaths or other person authorised by law to administer an oath.

(5) Unless the Registrar otherwise directs:

(a) if it is decided to require a guarantee, it shall be given by two sureties, except where the gross value of the estate does not exceed N250,000:00 (two hundred and fifty thousand naira) or a corporation is a proposed surety, and in those cases one will suffice;

(b) no person shall be accepted as a surety unless he is resident in the State;

(c) no officer of the judiciary shall be a surety;

(d) the limit of the liability of the surety or sureties under a guarantee shall be the gross amount of the estate as sworn on the application for the grant;

(e) every surety other than a corporation, shall justify his eligibility.

(6) Where the proposed surety is a corporation, there shall be filed an affidavit by the proper officer of the corporation to the effect that it has power to act as surety and has executed the guarantee in the manner prescribed by its constitution or articles of association and containing sufficient information as to the financial position of the corporation to satisfy the Judge that its assets are sufficient to satisfy all claims which may be made against it under any guarantee which it has given or is likely to give.

36. The Judge may, on being satisfied that the condition of the bond has been broken, assign to some person, and that person may thereupon sue on the bond in his own name as if it had been originally given to him, and may recover thereof, as trustee for persons interested, the full amount recoverable in respect of any breach of the bond.

37. Any person claiming to be a creditor or legatee or the next of kin or one of the next of kin of a deceased, may apply for and obtain a summons from the Court requiring the executor or administrator, as the case may be, of the deceased to attend the court and show cause why an order for the administration of the property of the deceased should not be made.

38. (1) On proof of service of the summons or on appearance of the executor or administrator, and on proof of all such other things as the Judge may direct, the Judge may, if he deems fit, make an order for the administration of the property of the deceased.

(2) The Judge may make or refuse any such order or give any special directions in respect of the carriage or execution of it and where there are applications for such an order by two or more different persons or classes of persons, to grant the same to such one or more of the claimants or classes of claimants, as the Judge deems fit.

(3) Where the Judge deems fit the carriage of the order may subsequently be given to such person and on such terms as he may direct.

39. Where the Judge makes such an order or at any time afterwards, he may, if he deems fit, make any further or other order which may appear requisite to secure the proper collection, recovery for safe-keeping and disposal of the property or any part thereof.

40. In a case of intestacy, where the special circumstances of the case require, the Judge may, if he deems fit on the application of any person having interest in the estate of the deceased or of his own motion, grant Letters of Administration to an officer of the Court, to a Consular Officer or to a person in the service of the Government.

41. (1) The officer or person so appointed shall act under the direction of the Judge and shall be indemnified thereby.

(2) The Judge shall require and compel him to file in Court the accounts of his administration at intervals not exceeding 12 months.

42. Where a person has died intestate as to his personal estate or leaving a Will affecting personal estate, but without having appointed an executor thereof willing and competent to take probate or where the executor shall, at the time of the death of such person, be resident out of the jurisdiction, and it shall appear to the Judge to be necessary or convenient in any such case to appoint some person as administrator of the estate of the deceased or of any part thereof, the Judge may appoint such person as he shall deem fit to be such administrator upon his giving such security, if any as the Judge shall direct, and every such administrator may be limited as the Judge shall deem fit.

43. The Judge may direct that any administrator (with or without the Will attached) shall receive out of the personal and real estate of the deceased such reasonable remuneration as he shall deem fit not exceeding 10% per centum on the amount of the realized property, or when not converted into money, on the value of the property duly administered and accounted for by him:

Provided that where the Judge is satisfied that by reason of exceptional circumstances the administration of the property has required an extraordinary amount of labour to be bestowed on it, he may allow in respect of such property a higher rate of remuneration.

44. Where any citizen of any foreign country dies within the jurisdiction without leaving within the jurisdiction a widower, widow or next of kin, the Probate Registrar shall collect and secure all moneys and other property belonging to the deceased, and shall then inform the nearest Consular Officer of such country of the death, and transmit to him a list of the money and property of the deceased.

45. Application may be made to the Court by any such Consular Officer or by any person authorised by him in writing and under the consular seal, for leave to administer the estate of the deceased, and the Judge may make such order as to security for payment of debts and the method of administration as the Judge shall deem fit, and vary such order when and so often as it is expedient.

46. (1) Every person to whom a grant of Probate or Letters of Administration shall have been made, and every administrator appointed by the Judge shall, file in Court the accounts of his administration every 12 months from the date of the grant or the appointment until the completion of the administration.

(2) Any executor or administrator who fails to file his accounts within the prescribed period as aforesaid shall be liable to a penalty of N100:00 (one hundred naira) for every day of default. A fine for non-payment shall be enforceable by distress, and failing sufficient distress, by imprisonment for a term not exceeding 6 months.

(3) When an account is filed in Court under this rule, the Judge shall scrutinize such account and if it appears to the Judge that by reason of improper, un-vouched or unjustifiable entries or otherwise such account is not a full and proper account the Judge shall require the person filing the account to remedy such defects as there may be within such time as the Judge may deem reasonable for the purpose; and on failure to remedy such defects within such time, the person who filed such defective account shall be deemed to have failed to file an account within the meaning of this rule and proceedings may be taken against such person accordingly.

(4) The registrar shall bring to the notice of the Judge the fact that any executor or administrator has failed to file his accounts as required by this rule.

(5) The Judge may, on the motion of any party interested, or suo motu, summon any executor or administrator failing as aforesaid to show cause why he should not be punished.

(6) The Judge may, for good cause shown, extend the time for such filing of accounts.

(7) Any executor or administrator who has been granted an extension of time to file such accounts, and who fails within such extended time to file such accounts shall be liable to the penalty set out in sub-rule 2 of this rule.

(8) The accounts shall be open to the inspection of any person who satisfies the Registrar that he is interested in the administration.

(9) In this rule, the word “accounts” shall mean and include an inventory, an account of the administration, the vouchers in the hands of the executor or administrator relating thereto and an affidavit in verification.

47. The grant of Letters of Administration under this Order shall be signed by the Registrar on behalf of the Court.

48. In this Part, Rules 1, 4 ,5 ,6, 7, 8, 11, 12, 14, 15, 16, 17, 19, 26, 27, 28, 29, 30, 31, 71(1) and 72(1) or (4) of this Order shall also apply.

49. Application for a grant may be made through a Legal Practitioner, and every Legal Practitioner through whom an application for a grant is made shall give the address of his place of business within the jurisdiction.

50. (1) An applicant for a grant may apply in person.

(2) A personal applicant may not apply through an agent, whether paid or unpaid, and may not be represented by any person acting or appearing to act as his adviser.

(3) No personal application shall be received or proceeded with if:

(a) It becomes necessary to bring the matter before the Court by motion or by action;

(b) An application has already been made by a Legal Practitioner on behalf of the applicant and has not been withdrawn:

(c) The Judge otherwise directs.

(4) After a Will has been deposited in the Registry by a personal applicant, it may not be delivered to the applicant or to any other person unless in special circumstances and the Judge so directs.

(5) A personal applicant shall produce a certificate of the death of the deceased or such other evidence of the death as the Judge may approve.

(6) A personal applicant shall supply all information necessary to enable the papers leading to the grant to be prepared in the Registry or he may prepare such papers and lodge them unsworn.

(7) Unless the judge otherwise directs, every oath, affidavit or guarantee required of a personal application shall be sworn or executed by all the deponents or sureties before an authorised officer.

51. (1) The Judge shall not allow any grant to issue until all inquires, which he may deem fit to make, have been answered to his satisfaction.

(2) The Judge may require proof of the identity of the deceased or of the applicant for the grant beyond those contained in the Oath.

(3) No grant of probate or of administration with the Will attached shall issue within 3 months of the death of the deceased; and no grant of administration (not with the will attached shall issue within 3 months of such death).

52. (1) Every application for a grant shall be supported by an oath in the form applicable to the circumstances of the case, which shall be contained in an affidavit sworn by the applicant, and by such other papers as the Judge may require.

(2) Unless otherwise directed by the Judge, the oath shall state where the deceased was domiciled at the time of death.

53. Where it is necessary to describe the deceased in a grant by some name in addition to his true name, the applicant shall state in the oath the true name of the deceased and shall depose that some part of the estate, specifying it, was held in the other name; or as to any other reason that there may be for the inclusion of the other name in the grant.

54. (1) Where the Judge considers that in any particular case a photocopy of the original Will would not be satisfactory for purposes of record, he may require that an engrossment suitable for photo reproduction be lodged.

(2) Where a Will contains alterations which are not admissible to proof, there shall be lodged an engrossment of the Will in the form in which it is to be proved.

(3) Any engrossment lodged under this rule shall reproduce the punctuation, spacing and division into paragraphs of the Will and, if it is one to which sub-rule 2 of this rule applies, it shall be made book-wise on durable paper following continuously from page to page.

(4) Where any pencil writing appears on a Will, there shall be lodged a copy of the Will or of the pages or sheets containing the pencil writing in which there shall be underlined in red ink those portions which appear in pencil in the original.

55. Where a gift to any person fails by reason of the fact that he is an attesting witness or the spouse of an attesting witness, such person shall not have any right to a grant as a beneficiary named in the Will, without prejudice to his right to a grant in any other capacity.

56 . (1) Where all the persons entitled to the estate of the deceased under a Will have assigned their whole interest in the estate to one or more persons, the assignee or assignees shall replace in order of priority for a grant of probate the assignor or if there are two or more assignors, the assignors with the highest priority, in the absence of a proving executor.

(2) Where there are two or more assignees, probate may be granted with the consent of the others to anyone or more but not exceeding four of them.

(3) In any case where probate is applied for by an assignee, a copy of the instrument of assignment shall be lodged in the Registry.

57. (1) An application to add a personal representative shall be made to the Judge and shall be supported by an affidavit by the personal applicant, the consent of the person proposed to be added as personal representative and such other evidence as the Judge may require.

(2) On any such application the Judge may direct that a note shall be made on the original grant of the addition of a further personal representative, or he may impound or revoke the grant or make such order as the circumstances of the case may require.

58. (1) A grant may be made to any person entitled thereto without more persons notice to other persons entitled in the same degree.

(2) A dispute between persons entitled to a grant in the same degree shall be brought by application before the Judge.

(3) If an application under this rule is brought before the Judge, he shall not allow any grant to be sealed until such application is finally disposed of.

(4) Unless the Judge otherwise directs, administration shall be granted to a living person in preference to the personal representative of a deceased person who would, if living, be entitled in the same degree and to a person not under disability in preference to an infant entitled in the same degree.

59. (1) Nothing in Rules 56, 59 or 61 shall operate to prevent a grant being made to any person to whom a grant may, or may required to be made under any enactment.

(2) The rules mentioned in sub-rule 1 of this rule shall not apply where the deceased died domiciled outside the State except in a case to which the provisions of Rule 62 apply.

60. When the beneficial interest in the whole estate of the deceased is vested absolutely in a person who has renounced his right to a grant of administration with the Will attached and has consented to such administration being granted to the person or person who would be entitled to his estate if he himself had died intestate, administration may be granted to such person or one or more but not exceeding four of such persons.

Provided that a surviving spouse shall not be regarded as person whom the estate has vested absolutely unless he would be entitled to the whole of the estate, whatever its value maybe.

61. Where the deceased was domiciled outside the State, the Judge may order that a grant should issue:

(a) to the person entrusted with the administration of the estate by the Court having jurisdiction at the place where the deceased died domiciled;

(b) to the person entitled to administer the estate by the law of the place where the deceased died domiciled;

(c) if there is no such person as is mentioned in paragraph (a) or (b) of this rule or if in the opinion of the Judge the circumstances so require, to such person as the Judge may direct;

(d) if a grant required to be made to, or if the Judge in his discretion considers that a grant should be made to, not less than two administrators, to such person as the Judge may direct jointly with any such person as is mentioned in paragraph (a) or (b) of this rule or with any other person:

Provided that without any such order as aforesaid:

a. probate of any Will which is admissible to proof may be granted.

(i) where the Will is in English or in the local language to the executor named therein;

(ii) where the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the Will, to that person;

b. where the whole of the estate in the state consists of immovable property, a grant limited thereto may be made in accordance with the law that would have been applicable if the deceased had died domiciled in the State.

62. (1) Where a person entitled to a grant resides outside the State, a grant may be made to his lawful attorney for his use and benefit, until such person shall obtain a grant or in such other way as the Judge may direct:

Provided that where the person so entitled is an executor, administration shall not be granted to his attorney without notice to the other executors if any.

(2) Where the Judge is satisfied by affidavit that it is desirable for a grant to be made to the lawful attorney or a person entitled to a grant and resident in the State he may direct the grant to be made to the attorney for the use and benefit of such person, until such person obtains a grant or in such other way as the Judge may direct.

63. (1) Where the person to whom a grant would otherwise be made is a minor, a grant for his use and benefit until he attains the age of 18 years shall, subject to sub-rules 3 and 5 of this rule, be granted,

(a) to both parents of the minor jointly or to any guardian appointed by a Judge; or

(b) where there is no such guardian able and willing to act and the minor has attained the age of 16 years to any next of kin nominated by the minor, or where the minor is a married woman, to any such next of kin or to her spouse if nominated by her.

(2) Any person nominated under sub-rule 1(b) of this rule may represent any other minor whose next of kin he is, being a minor below the age of 16 years entitled in the same degree as the minor who made the nomination.

(3) Notwithstanding anything in this rule, administration for the use and benefit of the minor until he attains the age of 18 years may be granted to any person assigned as guardian by order of a Court in default of, or jointly with, or to the exclusion of any such person as is mentioned in sub-rule 1 of this rule and such an order may be made on application by the intended guardian, who shall file an affidavit of fitness sworn by a responsible person.

(4) Where a grant is required to be made to not less than two persons and there is only one person competent and willing to take a grant under the foregoing provisions of this rule, a grant may unless the Judge otherwise directs, be made to such person jointly with any other person nominated by him as a fit and proper person to take the grant.

(5) Where a minor who is sole executor has no interest in the residuary estate of the deceased, administration with the Will attached for the use and benefit of the minor until he attains the age of 18 years shall, unless the Judge otherwise directs be granted to the person entitled to the residuary estate.

(6) A minor’s right to administration may be renounced only by a person assigned as guardian under sub-rule 3 of this rule and authorized to renounce by the Judge.

64. (1) Where one of several executors is a minor, probate may be granted to the adult executors, with power reserved for making the like grant to the minor on his attaining the age of 18 years and administration for the use and benefit of the minor until he attains the age of 18 years may be granted under Rule 63 only if the adult executors renounce or, on being cited to accept or refuse a grant, fail to make an effective application.

(2) A minor executor’s right to probate on attaining the age of 18 years shall not be renounced by any person on his behalf.

65. (1) Where the Judge is satisfied that a person entitled to a grant is by reason of mental or physical infirmity incapable of managing his affairs, a grant for his use and benefit, during his incapacity may be made:

(a) in the case of mental incapacity, to the person authorized by the Judge to apply for the grant;

(b) where there is no person so authorized or in the case of physical incapacity:

(i) if the person incapable is entitled as executor and has no interest in the residuary estate of the deceased, to the person entitled to such residuary estate;

(ii) where the person incapable is entitled otherwise than as executor or is an executor having an interest in the residuary estate of the deceased, to the person who would be entitled to a grant in respect of his estate if he had died intestate; or to such other person as the Judge may by order direct.

(2) Unless the Judge otherwise directs, no grant shall be made under this rule unless all persons entitled in the same degree as the person incapable have been considered and excluded.

(3) Where legal disability arises out of unsoundness of mind or insanity of the person entitled to a grant, notice of intended application for a grant under this rule shall, unless the Judge otherwise directs, be given to his guardian.

(4) Where there is physical disability, notice of intended application of a grant under this rule shall, unless the Judge otherwise directs, be given to the person alleged to be incapable.

66. (1) Renunciation of probate by an executor shall not operate as renunciation of any right which he may have to a grant of administration in some other capacity unless he expressly renounces such right.

(2) Unless the Judge otherwise directs, no person who has renounced a grant in one capacity may obtain a grant in some other capacity.

(3) A renunciation of probate or administration may be retracted at any time on the order of the Judge:

Provided that only in exceptional circumstances may leave be given to an executor to retract a renunciation of probate after a grant has been made to such other person entitled in a lower degree.

67. Where the state is or may be beneficially interested in the estate of a deceased person, notice of intended application of grant shall be given by the applicant to the Kaduna State Attorney-General and the Judge may direct that no grant shall issue within a specified time after the notice has been given.

68. (1) An application for the resealing of probate or administration with the Will attached granted by a Court outside the State shall be made by the person to whom the grant was made or by any person authorised in writing to apply on his behalf.

(2) On any such application:

(a) an Inland Revenue affidavit shall be lodged as if the application were one for a grant in the State.

(b) the application shall be advertised in such manner as the Judge may direct and shall be supported by an oath sworn by the person making the application.

(3) On an application for the resealing of such a grant:

(a) the Judge shall not require sureties except where it appears to him that the grant is made to a person or for a purpose mentioned in paragraphs (a) to (f) of Rule 35(1) of this Order or except where he considers that there are special circumstances making it desirable to require sureties;

(b) Rules 35(2), (4), (5), (6) and 51(4) of this Order shall apply with any necessary modifications; and

Probate Form 2.

(c) A guarantee entered into by a surety shall be in Probate Form 2 with such variations as circumstances may require.

(4) Except by leave of the Judge, no grant shall be resealed unless it was made to such a person as is mentioned in paragraph (a) or (b) of Rule 61 of this Order or to a person to whom a grant could be made under a provision to that rule.

(5) No limited or temporary grant shall be resealed except by leave of the Judge.

(6) Every grant lodged for resealing shall include a copy of any Will to which the grant relates or shall be accompanied by a copy certified as correct by or under the authority of the Court by which the grant was made.

(7) The Registrar shall send notice of the resealing to the Court which made the grant.

(8) Where notice is received by the Registry from outside the State in respect of the resealing of a grant made by the Court, notice of any amendment or revocation of the grant shall be sent to the Court outside the State for the purpose of such resealing.

69. If a Judge is satisfied that a grant should be amended or revoked, he may make an order accordingly:

Provided that, except in special circumstances, no grant shall be amended or revoked under this rule except on the application or with the consent of the person to whom the grant was made.

70. (1) A notice to prohibit a grant of administration may be filed in Court. Caveats.

(2) Any person who wishes to ensure that no grant is sealed without notice to himself may enter a caveat in the Registry.

Probate Form 3

(3) Any person who wishes to enter a caveat, in this rule called “the caveator” may do so by completing Probate Form 3 in the appropriate book at the Registry and obtaining an acknowledgement of entry from the proper officer, or by sending through the post at his own risk a notice in Probate Form 3 to the Registry in which he wishes the caveat to be entered.

Probate Form 4

(4) Where the caveat is entered by a Legal Practitioner on behalf of the caveator, the name of the caveator shall be stated in Probate Form 4.

(5) Except as otherwise provided by this rule, a caveat shall remain in force for 3 months from the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats.

(6) The Registrar shall maintain an index of caveats entered in the Registry and on receiving an application for a grant in the Registry, he shall cause the index to be searched and shall notify the applicant in the event of any caveat having been entered against the sealing of a grant for which application has been made.

(7) The Registrar shall not allow any grant to be scaled if he has knowledge of an effective caveat in respect thereof:

Provided that no caveat shall operate to prevent the sealing of a grant on the day on which the caveat is entered.

Probate Form 5

(8) A warning in Probate Form 5 may issue from the Registry against a caveator at the instance of any person interested, in this rule called “the person warning”, which shall slate his interest and if he claims under a Will, the date of the Will, and shall require the caveator to give particulars of any contrary interest which he may have in the estate of the deceased; and every warning or a copy thereof shall be served on the caveator.

Probate Form 6

(9) A caveator having an interest contrary to that of the person warning may within 8 days of service of the warning upon him inclusive or the day of such service; or at any time thereafter if no affidavit has been filed under sub-rule 12 of this rule, enter an appearance in the Registry by filing Probate Form 6 and making an entry in the appropriate book, and shall forthwith serve on the person warning a copy of Probate Form 6 sealed with the seal of the Registry.

(10) A caveator who has not entered an appearance to a warning may at any time withdraw his caveat by giving notice at the Registry and the caveat shall then cease to have effect and if he has been warned, the caveator shall forthwith give notice of withdrawal of the caveat to the person warning.

(11) A caveator having no interest contrary to that of the person warning but wishing to show cause against the sealing of a grant to that person may, within 8 days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if no affidavit has been filed under sub-rule 12 of this rule, issue and serve a summons for directions, which shall be returnable before the Registrar.

(12) If the time limited for appearance has expired and the caveator has not entered an appearance, the person warning may file in the Registry an affidavit showing that the warning was duly served and that he has not received a summons for directions under sub-rule 11 and thereupon the caveat shall cease to have effect.

(13) Upon commencement of a probate action, the Probate Registrar shall, if a caveat is in force, other than a caveat entered by the plaintiff, give to the caveator notice of the commencement of the action and, upon the subsequent entry of a caveat at any time when the action is pending, shall likewise notify the caveator of the existence of the action.

(14) Unless the Judge otherwise directs:

(a) any caveat in force at the commencement of proceedings by way of citation or motion shall unless withdrawn pursuant to sub-rule 9 of this rule, remain in force until an application for grant is made by the person shown to be entitled thereto by the decision of the Court in such proceedings and upon such application any caveat entered by a party who had notice of the proceedings shall cease to have effect;

(b) any caveat in respect of which an appearance to a warning has been entered shall remain in force until the commencement of a probate action;

(c) the commencement of a probate action shall whether or not any caveat has been entered, operate to prevent the sealing of a grant until application for a grant is made by the person shown to be entitled thereto by the decision of the Judge in such action, and upon such application any caveat entered by a party who had notice of the action, or by a caveator who was given notice under sub-rule 13 of this rule, shall cease to have effect.

(15) Except with the leave of the Judge, no further caveat may be entered by or on behalf of any caveator whose caveat has ceased to have effect under sub-rule 12 or 14 of this rule.

71. (1) Notices in the nature of citation shall be given in such manner as the Judge directs.

(2) Every citation shall be settled by the Registrar before being issued.

(3) Every averment in a citation and such other information as the Registrar may require shall be verified by an affidavit sworn to by the person issuing the citation in this Order called “the citor”, or, if there are more citors, by one of them:

Provided that the Registrar may in special circumstances accept an affidavit sworn to by the citors Legal Practitioner.

(4) The citor shall enter a caveat before issuing a citation.

(5) Every citation shall be served personally on the person cited unless a Judge, on cause shown by affidavit, directs some other mode of service, which may include notice by advertisement.

(6) Every Will referred to in a citation shall be lodged in the Registry before the citation is issued except where the Will is not in the citor’s possession and the judge is satisfied that it is impracticable to require it to be lodged.

(7) A person who has been cited to appear may, within 8 days of service of the citation upon him inclusive of the day of such service, or at any time thereafter if no application has been made by the citor under sub-rule 5 of rule 35 or sub-rule 2 of Rule 69 of this Order enter an appearance in the Registry by filing Probate Form 6 and making an entry in the appropriate book, and shall thereafter serve on the citor a copy of Form 5 sealed with the seal of the Registry.

72 . (1) A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.

(2) Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.
(3) A citation calling on an executor who has intermeddled in the estate of the deceased to show cause why he should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of 6 months from the death or the deceased:

Provided that no citation to take a grant shall issue while proceeding as to the validity of the Will is pending.

(4) A person cited who is willing to accept or take a grant may apply ex-parte to the Judge for an order for a grant on filing an affidavit showing that he has entered an appearance and that he has not been served by the citor with notice of any application for 3 grant to himself.

(5) If the time limited for appearance has expired and the person cited has not entered an appearance, the citor may:

(a) in the case of a citation under sub-rule 1 of this rule, apply to the Judge for an order for a grant to himself;

(b) in the case of a citation under sub-rule 2 of this rule, apply to the Judge for an order that a note be made on the grant that the executor in respect of whom power was reserved has been duly cited and has not appeared and that all his rights or interest in respect thereof have ceased:

(c) in the case of a citation under sub-rule 3 of this rule, apply to the Judge by summons, which shall be served on the person cited for an order requiring such person to take a grant within a specified time or for a grant to himself or some other person specified in the summons.

(6) An application under sub-rule 5 of this rule shall be supported by an affidavit showing that the citation was duly served, and that the person cited has not entered an appearance.

(7) if the person cited has entered an appearance but has not applied for a grant under sub-rule 4 of this rule, or has failed to prosecute his application with reasonable diligence, the citor may:

(a) in the case of a citation under sub-rule 1 of this rule apply by summons to the Judge for an order for a grant to himself;

(b) in the case of a citation under sub-rule 2 of this rule apply by summons to the Judge for an order striking out the appearance and for the endorsement on the grant of such a note as is mentioned in paragraph (b) of sub-rule 5 of this rule;

(c) in the case of a citation under sub-rule 3 of this rule, apply by summons to the Judge for an order requiring the person cited to take a grant within a specified time or for a grant to himself or some other person specified in the summons;

and the summons shall be served on the person cited in each case.

73. (1) A citation to propound a Will shall be directed to the executors named in the Will and to all persons interested thereunder, and may be issued at the instance of any citor having any interest contrary to that of the executors or such other persons.

(2) Where the time limited for appearance has expired, the citor may:

(a) where no person cited has entered an appearance, apply to the Judge for an order for a grant as if the Will were invalid;

(b) in the case of a citation under sub-rule 2 of Rule 72 of this Order apply by summons to the Judge for an order striking out the appearance and for endorsement on the grant of such a note as mentioned in paragraph (b) of sub-rule 5 of Rule 72 of this Order;

(c) in the case of a citation under sub-rule 3 of Rule 72 of this Order apply by summons to the Judge for an order requiring the person cited to take a grant within a specified time in the summons;

and the summons shall be served on the persons cited in each case.

74. All caveats, citations, warnings and appearances shall contain an address for service within the jurisdiction.

75. (1) An application for an order requiring a person to bring in a Will or to attend for examination may, unless a probate action has been commenced, be made to the Court by summons, which shall be served on every such person as aforesaid.

(2)An application for the issue by the Judge of a subpoena to bring in a Will shall be supported by an affidavit setting out the grounds for the application, and if any person served with the subpoena denies that the Will is in his possession or control he may file an affidavit to that effect.

76. An application for an order for a grant limited to part of an estate may be made to the Judge and shall be supported by an affidavit stating:

(a) whether the application is made in respect of the real estate only or any part thereof, or real estate together with personal estate, or in respect of a trust estate only;

(b) whether the estate of the deceased is known to be insolvent;

(c) that the persons entitled to a grant in respect of the whole estate in priority to the applicant have been considered and excluded.

77. An application for an order for grant of administration where the goods in the estate are of perishable nature may be made to the Judge, and shall be supported by an affidavit setting out the grounds of the application.

78. An application for leave to swear to the death of a person in whose estate a grant is sought may be made to the Judge, and shall be supported by an affidavit setting out the grounds of the application and containing particulars of any policies of insurance effected on the life of the presumed deceased.

79. (1) An application for an order admitting to proof a codicil or a Will contained in a copy, a completed draft, a reconstruction or other evidence of its contents where the original Will is not available may be made to the Judge.

Provided that where a Will is not available owing to its being retained in the custody of a foreign Court or official, a duly certified copy of the Will may be admitted to proof without any such order as aforesaid.

(2) The application shall be supported by an affidavit setting out the grounds of the application and by such evidence on affidavit as the applicant can adduce as to:

(a) the due execution of the Will;

(b) its existence after the death of the testator; and

(c) the accuracy of the copy or other evidence of the contents of the Will, together with any consent in writing to the application given by any person not under disability who would be prejudiced by the grant.

80. An application for an order for a grant of special administration where a personal representative resides outside the State shall be made to the Judge by a motion.

81. (1) Where a surviving spouse who is the sole personal representative of the deceased is entitled to a life interest in part of the residuary estate and elects to have the life interest redeemed, he may give written notice of the election to the Registrar by filing a notice in Probate Form 7 with such variations as circumstances may require.

(2) A notice filed under this rule shall be notice on the grant and the record shall be open to inspection.

82. (1) Where copies are required of original Wills or other documents deposited under the provisions of any written law such copies may be photocopies sealed with the seal of the Registry and issued as office copies and where such office copies are available copies certified under the hand of a Registrar to be true copies shall be issued only if it is required that the seal of the court be affixed thereto.

(2) Copies, not being photocopies of original Wills or other documents deposited as aforesaid shall be examined against the documents of which they purport to be copies if so required by the person demanding the copy, and in such case the copy shall be certified under the hand of a Registrar to be a true copy and may in addition be sealed with the seal of the Court

83. The Registrar may require any application under this Order to be made by motion or summons to a Judge.

84. (1) A Judge may direct that a notice of motion or summons for the service of which no other provision is made in this Order shall be served on such person or persons as the Judge may direct.

(2) Where by the provisions of this Order or by any direction given under sub-rule 1 of this rule a notice of motion or summons is required to be served on any person, it shall be served not less than 5 days, before the hearing of the motion or summons.

85. Unless the Judge otherwise directs or this Order provides, any notice or other document required to be given or served on any person may be given or served by leaving it at, or by sending it by courier to that person’s address for service, or if he has no address for service, his last known address.

86. Every affidavit used in non-contentious probate business shall satisfy the requirements of Order 16 of these Rules.

87. The provisions of Order 41 of these Rules shall apply to the computation, enlargement and abridgement of time under this Order.

88. Subject in any particular case to any direction given by a Judge, this Order shall apply to any proceeding which is pending on the date on which these Rules come into operation as well as to any proceeding commenced on or after that date:

Provided that where the deceased died before the commencement of these Rules, the right to a grant shall, subject to the provisions of any enactment, be determined by the principles and rules in accordance with which the Court would have acted at the date of the death .

89. Suits in respect of probate shall be instituted and carried on as nearly as practicable in the like manner and subject to the same rules of procedure as suits in respect of civil claims.

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

91. In probate actions, service of a Writ of Summons may by leave of a Judge be allowed out of Nigeria.

92. In probate actions, a party shall state with regard to every defence which is pleaded, what is the substance of the case on which it is intended to rely; and further where it is pleaded that the testator was not of sound mind, memory and understanding, particulars of any specific instances of delusion shall be delivered before the case is set down for trial and, except by leave of a Judge, no evidence shall be given of any other instances at the trial.

93. In probate actions where the Plaintiff disputes the interest of the Defendant, he shall allege in his statement of claim that he denies the Defendant’s interest.

94. In probate actions, the party opposing a Will may, with his defence, give notice to the party setting up the Will that he merely insists upon the Will being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the Will, and he shall thereupon be at liberty to do so and shall not in any event be liable to pay the costs of the other side unless the Judge finds that there was no reasonable ground for opposing the Will.

95. Every Judgment or order for a general account of the personal estate of a testator or intestate shall contain a direction for any inquiry as to what parts of such personal estate are outstanding or undisposed of, unless the Judge shall otherwise direct.

96. Where a person is or has been a party to any proceedings in the capacity of trustee, personal representative or mortgagee, he shall, unless the Judge otherwise orders, be entitled to the costs of such proceedings in so far as they are not recovered from or paid by any other person out of the fund held by the trustee or personal representative or the mortgaged property, as the case may be; and the Judge may otherwise order only on the ground that the trustee, personal representative or mortgagee has acted unreasonably or, in the case of a trustee or personal representative, has in substance acted for his own benefit rather than for the benefit of the fund.

97. The executors or administrators of a deceased person or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the relief sought as creditor, beneficiary, next of kin, heir-at-law of a deceased person, or as Cestui que trust under the trust of any deed or instrument, or as claiming by assignment or administration otherwise under any such creditor or other person as aforesaid, may take out an originating summons for such relief as listed hereunder as may be specified by the summons and as the circumstances of the case may require; that is, the determination without an administration of the estate or trust of any of the following questions or matters:

(a) any question affecting the rights or interests of the person claiming to be creditor, beneficiary, next of kin, or heir-at-law or cestui que trust;

(b) the ascertainment of any class of creditors, beneficiary, next of kin, or others;

(c) the furnishing of any particular accounts by the executors or administrators or trustees and the vouching, when necessary, of such accounts;

(d) the payment into Court of any money in the hands of the executors or administrators or trustees;

(e) directing the executors or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees;

(f) the approval of any sale, purchase, compromise, or other transaction;

(g) the determination of any question arising in the administration of the estate or trust.

98. Any of the persons named in Rule 97 of this Order may in like manner apply for and obtain an order for:

(a) the administration of the personal or real estate of the deceased;

(b) the administration of the trust;

(c) any act to be done or step to be taken which the Judge could have ordered to be done or taken if any such administration order as aforesaid had previously been made.

99. The person to be served with the summons under Rules 97 and 98 of this Order in the first instance shall be the following;

Where the summons is taken out by an executor or administrator or trustee:

(a) for the determination of any question, under paragraph (a), (c), (f) or (g) of Rule 97 of this Order, the persons, or one of the persons, whose rights or interests, are sought to be affected;

(b) for the determination of any question, under paragraph (b) of Rule 97 of this Order any member or alleged member of the class;

(c) for the determination of any question under paragraph (c) of Rule 97 of this Order, any person interested in taking such accounts;

(d) for the determination of any question under paragraph (d) of Rule 97 of this Order, any person interested in taking such money;

(e) for relief under paragraph (a) or Rule 98 of this Order, the residuary legatees, or next of kin, or some of them, or the residuary devisees, or heirs, or some of them, as the case may be;

(f) for relief under paragraph (b) or Rule 98 of this Order, the Cestui que trust or some of them;

(g) if there are more than one executor or administrator or trustee and they do not all concur in taking out the summons, those who do not concur;

Where summons taken out by any other person.

(h) where the summons is taken out by any person other than the executors, administrators or trustees the executors, administrators or trustees, or some of them must he served.

100. It shall not be obligatory on the Judge to pronounce or make judgment or order, whether on summons or otherwise for the administration of any trust or of the estate of any deceased person if the questions between the parties can be properly determined without such judgment or order.

101. Upon an application for administration or execution of trusts by a creditor or beneficiary under a Will, intestacy, or deed of trust, where no accounts or insufficient accounts have been rendered, the Judge may, in addition to the powers already existing:

(a) order that the application shall stand over for a certain time, and that the executors, administrators or trustees in the meantime shall render to the applicant proper statement of their accounts, with an intimation that if this is not done they may be made to pay the costs of the proceedings;

(b) when necessary, to prevent proceedings by other creditors, or by persons beneficially interested, make the usual judgement or order for administration with a provision that no proceedings are to be taken under such judgement or order without leave of the Judge.

102. The issue of a summons under Rule 97 of this Order shall not interfere with or control any power or discretion vested in any executor, administrator or trustee except so far as such interference or control may necessarily be involved in the particular relief sought.

103. Any of the following applications may be made by summons:

Appointment of new trustees and vesting order.

(a) an application for the appointment of a new trustee with or without a vesting or other consequential order;

(b) an application for a vesting order or other order consequential on the appointment of a new trustee where the appointment is made by a Judge.

Vesting order on sale, etc.

(c) an application for vesting or other consequential order in any case where a judgement or order has been given or made for the sale, conveyance, or transfer of any land or stock or the suing for or recovering any chose in action;

Payment out of Court.

(d) an application relating to a fund paid into court in any case coming within the provisions of rule 8 of this Order.

104. (1) The provisions of the Interpretation Law shall apply to the interpretation of this Order.

(2) In this Order, unless the context otherwise requires:

“authorised officer” means any officer of the Registry who is for the time being authorised by law to administer any oath or to take any affidavit required for any purpose connected with his duties;

“gross value” in relation to any estate means the value of the estate without deduction for debts, encumbrances, funeral expenses or estate duty;

“oath” means the oath required by this Order to be sworn by every applicant for grant;

“personal applicant” means a person other than a trust corporation who seeks to obtain a grant without employing a Legal Practitioner, and

“personal application” has a corresponding meaning:

“Registrar” means the Probate Registrar; “Registry” or “Probate Registry” means the Probate Registry of the Court;

“Will” includes a Codicil and any testamentary document or copy or reconstruction of it.

Unless the context otherwise requires, any reference in this Order to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.

1. Subject to the provisions of any written law and of the foregoing Orders:-

(1) The fees set out in the 1st, 2nd, 4th and 5th appendices shall be payable by any person commencing the respective proceedings or desiring the respective services for which they are specified in those appendices.

Allowances, 2nd Appendix.

(2) The allowances set out in the 2nd appendix shall be payable to the various categories of witnesses mentioned therein by any person at whose instance they testify.

Provided that a witness who testifies at the instance of the Court acting on its own motion shall be paid out of public revenue.

2. The regulations set out in the 3rd appendix shall be observed by all officers of Court concerned with the rendering of services, and or collection of fees payable, under the provisions of these Rules.