ORDER 11

Proof of status as kinship.

1.

Where a case involves the outstanding salary, gratuity, pensions, benefit or any other entitlement of a deceased employee who died intestate but had named the next of kin or beneficiary in the deceased employment bio-data form, if such next of kin or beneficiary is the Claimant(s).

(a) shall provide proof of the next of kinship or relationship, either by—

Certified True Copy of Employment form.
(i) a Certified True Copy (CTC) of the employment bio-data form in which the Claimant was named as next-of-kin or beneficiary on the form obtained from the employer of the deceased employee ; or
(ii) a copy of the employment bio-data form of the deceased which may be in custody of the Claimant(s) ; in which the Claimant(s) has deposed to an affidavit ;

Letter of Administration from Probate Registry.
(b) attach Letter(s) of Administration obtained from appropriate Probate Registry of a High Court, or

Order from Customary or Sharia Court of Appeal etc.
(c) an order from a Customary Court of Appeal or Sharia Court of Appeal.

Application for order to produce Employment bio-data form.

2.

The Claimant may apply to the Court for an Order compelling the employer of the deceased to produce before the Court a copy of the employment bio-data form of the deceased in which the Claimant was named as next-of-kin or beneficiary.

Claimant may use document in Claimant’s possession.

3.

Where the employer fails, refuses or neglects to comply with the Order of the Court, the Claimant shall be at liberty to make use of any copy of the same employment bio-data form in the Claimant’s possession to prove the claim.

Where there is no next of kin.

4.

Where a case involves the outstanding salary, gratuity, pensions, benefits or any other entitlement of a deceased employee who died intestate and did not name a next of kin or beneficiary, the Claimant shall in addition to any other document,

(a) attach Letter(s) of Administration obtained from the appropriate Probate Registry of a High Court, or
(b) an order from a Customary Court of Appeal or a Sharia Court of Appeal.

Proof of custom and practice.

5.

Where the Claimant is unable to satisfy the provisions of rules 1, 2, 3 and 4 of this Order, the Claimant may attach ;
(a) any proof related to or connected with inheritance emanating from the custom or tradition of the deceased employee, or
(b) any proof related to or connected with inheritance emanating from the traditional ruler or custodians of custom and tradition of the deceased
employee’s place of origin;
Provided that the Court may also accept the evidence of traditional rulers or Chiefs or other persons having special knowledge of the Customary law and
custom of the place of origin of the deceased employee ; or
(c) any book or manuscript recognized as legal authority by people indigenous to the community in which such law or custom applies and is admissible.
Provided that such proof or evidence is not repugnant to natural justice, equity and good conscience.

When an intestate action will not be entertained.

6.

Any action filed before the Court concerning the entitlement of a deceased employee who died intestate which does not comply with the provisions of rules 1, 2, 3, and 4 of this Order may be incompetent and may not be entertained by the Court.

Admissibility of process or order from Sharia or Customary Court of Appeal or other proof of custom.

7.

A process or any order of a Customary Court of Appeal or Sharia Court of Appeal, or any proof related to or connected with inheritance emanating from the customs or traditions of the people or from the traditional Ruler or Custodian of the customs or traditions of the place of origin of the deceased
employee, presented before the Court, shall be presumed to be true and authentic, unless the contrary is proved.

When there is more than one letter of administration or any other proof or conflicting proof of custom.

8.

Where there are conflicting Letters of Administration or any proof or Order of the Customary Court of Appeal or Sharia Court of Appeal or any proof related to or connected with inheritance emanating from the customs or traditions of the people or from the traditional Ruler or Custodian of customs or traditions of the place of origin of the deceased employee, the authenticity or otherwise of the conflicting letters of administration or any other process or the custom of the deceased employee, shall be resolved by the Probate Registry, Customary Court of Appeal or Sharia Court of Appeal or the traditional Ruler or other Custodians of the customs and traditions of the deceased employee from which the letters or proof or order were obtained.

Court may invite custodian of custom.

9.

Where there is conflicting evidence or other proof of the custom or tradition of the deceased employee, the Court may suo motu, invite the traditional Ruler or any other Custodian of custom as it relates to inheritance to give evidence or expert opinion on the matter.

Matters to be placed on fast track.

10.

Any process related to or connected with outstanding salary, benefits, allowances, gratuity, pension or any other entitlement of a deceased person filed in any of the Registries of the Court, shall be placed on fast-track.

ORDER 12

Response to claim or complaint.

1.

(1) Any party on whom a statement of facts or complaint has been served may respond to that statement of facts or complaint which must with the modifications required by the context of the statement of facts or complaint contain the same information required by Order 3 Rule 1 of these Rules.

Time limit for response.
(2) The response must be filed not later than fourteen (14) days after service of the statement of claim or complaint.

Court ordered or party-driven pre-trial conference

2.

(1) When a response is filed, the Court may suo motu order or the parties to the proceedings on their own volition may hold a pre-trial conference in accordance with the provisions of sub-rule 2 of this rule.

Time limit for initiating pre-trial conference.
(2) Where parties in a matter before the Court have joined issues, either the Claimant/Applicant or Defendant /Respondent may initiate the holding of a pre-trial conference within fourteen (14) days of joining issues.

When party fails, etc. to initiate pretrial conference.
(3) Where either of the parties fails or refuses to initiate a pre-trial conference as required by sub-rule 2 of this Rule, the Court may order that a
pre-trial conference be held within such specified time as the Court may deem proper.

Date, Time and Venue of pre-trial conference.
(4)(a) Parties or their counsel shall reach a consensus on the date, time and venue for the holding of the pre-trial conference.
(b) Where the Court orders a pre-trial conference, the Registrar, shall inform the parties in the matter of the date, time and venue for the conference.

Issues for consensus at pretrial conference.
(5) At the pre-trial conference, the parties shall attempt to reach a consensus on the following:
(a) the means by which the dispute may be settled;
(b) facts that are common to the cause of action;
(c) facts that are contentious in the dispute;

(d) the issues that the Court may be required to decide;
(e) the precise relief claimed and if compensation is claimed, the amount of the compensation and how it is calculated;
(f ) discovery and the exchange of documents, and the preparation of a paginated bundle of documentation in chronological order;
(g) the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents,
or parts of documents, will serve as evidence of what they purport to be;
(h) whether evidence on affidavit will be admitted with or without the right in any party to cross-examine the deponent;
(i) the necessity for any party on-the-spot inspection or workplace visit;
(j)securing the presence of any witness in Court;
(k) the resolution of any preliminary points that are intended to be taken;
(l) expert witness, if necessary;
(m) any other means by which the proceedings may be shortened;
(n) an estimate of the time required for hearing;
(o) whether an interpreter is required and if so in which language(s).

When parties are unable to reach consensus.

3.

Where the parties or their counsel are unable to settle the matter at the pre-trial conference, the parties must draw up and sign a minute dealing with the matters set out in Rule 2 (5) of this Order

Filing of report of pretrial conference.

4.

The party initiating the pre-trial conference must ensure that a copy of the report of the pre-trial conference is filed within seven (7) days of the conclusion of the pre-trial conference.

Registrar to remit file of pretrial conference to the Court.

5.

(1) Where a report of a pre-trial conference is delivered within or out of the allowed time, whichever comes first, the Registrar shall remit the file of the matter to the President of the Court or a Judge of the Court for directions.

Action of President of the Court.
(2) The President of the Court may—
(a) if he is satisfied that the matter is ripe for hearing direct the Registrar to list the matter for hearing;
(b) assign the matter to a Judge for hearing and determination in accordance with the Rules of the Court;
(c) direct the parties to convene a further pre-trial conference at a date, time and place (venue) fixed by the Court.

When parties fail to attend pretrial conference.

6.

Where any of the parties fails to attend a court-ordered pre-trial conference or fails to comply with any direction issued by the President of the Court or a Judge of the Court, the matter may be set down for hearing on the direction of the President of the Court or a Judge of the Court.

Listing of matter for hearing after pretrial.

7.

(1) Where any direction or order given by the Court in a referral has been satisfied, the President of the Court may direct that the matter be listed for hearing.Notification of date, time for hearing.
(2) Where directions have been given for the hearing of a matter, the Registrar shall list the matter; notify the parties of the date, time and the
Judicial Division for hearing.

ORDER 13

Joint or Several Claimants in one action.

1.

A – Parties Generally

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

When the name of Claimant is doubtful.

2.

(1) When an action commenced in the name of a wrong person as Claimant, or where it is doubtful that it commenced in the name of the right Claimant, the Court, if satisfied that it commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, may order any other person to be substituted or added as plaintiff upon such terms as may be just.

Defendant’s Counterclaim or setoff on improperly included Claimant.
(2) Where in commencing an action any person has been wrongly or improperly included as a Claimant 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 Claimant so included, notwithstanding the
inclusion of such Claimant or any proceeding based thereon.

Stay of proceedings where Defendant has bona fide Counterclaim

3.

If it appears on oath or affidavit to the satisfaction of the Court that the Defendant has a bona fide counter-claim against such Claimant which can be conveniently tried by the Court, it shall be lawful for the Court in its discretion to stay proceedings in the suit instituted by such Claimant until he shall provide such security to comply with the orders and judgment of the Court with respect to such counterclaim as the Court shall think fit.

Joinder of any person as Defendant.

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. Judgment 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.

Where the name of a party is incorrectly stated.

5.

Where the name of a party has been incorrectly stated, a Judge of the Court may upon application order a correction of such name on any terms as may be just.

Defendant need not be interested in all reliefs or every cause of action.

6.

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

Action of Judge to prevent embarrassment to a Defendant.
(2) A Judge upon considering the defence filed by any Respondent/Defendant may on application by that Defendant make such Order as may appear just to prevent the Respondent/Defendant from being embarrassed or put to expense by being required to attend any proceedings in which Respondent/Defendant may have no interest.

Claimant may join all persons, severally or jointly as parties in an action.

7.

A Claimant may at the Claimant’s option join as parties to the same action all or any of the persons severally, or jointly and severally liable on any
reliefs in the matter.

Action by Claimant in doubt as to Defendants.

8.

Where a Claimant is in doubt as to the person from whom the Claimant is entitled to redress, the Claimant may, in such manner as hereinafter mentioned, or as may be prescribed by any special order, join two or more Defendants, with 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.

Suit by or against persons under legal disability.

9.

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

Written authority from guardian or relation of person with legal disability.

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 a relation, a written authority for that purpose signed by the guardian, or relation, as the case may be shall be filed in the Registry.

Action by numerous persons with same interest in one suit.

11.

(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.

One or more among numerous persons with same interest in a suit to defend others.

(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 of, or for the benefit of all persons so interested.

Application to be joined as party.
(3) A person who has an interest in the determination of a matter by the Court may apply to be joined as a party to the proceedings.

Joinder of third party to a suit.
(4) Where in any matter before the Court a party wishes to join a third party who is not a party to the proceedings, the first party may apply to the
Court to join that third party to the action.

When Court may appoint representative.
(5) On an application for a declaration or an Injunction, the Court may appoint one or more persons to represent any class or group of person who—
(a) may be commonly interested in any matter; or
(b) are commonly affected or likely to be commonly affected by any act or action of any person or authority, where such class or group of persons may not be easily ascertainable or conveniently found, if satisfied that is expedient to do so.

Power and action of Court to approve compromise.

12.

12. Where in any proceedings before the Court, 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 but—

When persons with the same interest assent to compromise
(1) 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

When absent persons assent.
(2) the absent persons are represented by a person who so assents on their behalf;

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

Where deceased person (party) has no legal personal representative

13.

(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 interest of the deceased person.

Legal practitioner may apply for the substitution of deceased party.
(2) Where a sole or sole surviving Claimant or Defendant in a 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 Counsel or the opposing party order any person to take the place of the said deceased and proceed with the suit.

Judgment may be entered if there is no representation for deceased person.
(3) In default of such application or where the person substituted fails to proceed, judgment may be entered for the Defendant or as the case may be
for the person against whom the proceedings might have been continued.

Proceedings not defeated by misjoinder or non-joinder of parties.

14.

(1) No proceedings shall be defeated by reason of misjoinder or non-joinder 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.

Names of improperly joined parties to be struck out by order of 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 names of any party or parties improperly joined be struck out.

Names of necessary party to be added by order of the Court
(3) A Judge may order that the name of any party 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.

When to add person under legal disability.
(4)(a) No person under legal disability shall be added as a Claimant suing without a guardian, and ;
(b) No person shall be added without the person’s consent in writing as the guardian of a Claimant under legal disability.

Service of Defendant in Originating process.
(5) Every party whose name is added as Defendant shall be served with the Originating Processes or Notice in the manner prescribed in these Rules or 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 Originating Processes or Notice.

Application by motion to add, strike out substitute or vary name of Claimant or Defendant.

15.

(1) Any application to add or strike out or substitute or vary the name of a Claimant or Defendant may be made to the Court by motion on notice.

Statement of Claim to accompany Application to add names.
(2) Where the application is to add a Claimant or a Defendant, the application shall be accompanied by the Statement of Facts or Defence as the case may be, together with 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.

Where Defendant is added or substituted.

16.

Where a Defendant is added or substituted, the Originating Processes shall be amended accordingly and the Claimant shall unless otherwise ordered by the Court file an amended Originating Process and cause the new Defendant to be served in the same manner as the original Defendant.

Joinder by any party of third Party likely to bear liability.

17.

(1) Where it appears to the Court that any person not a party in the proceedings may bear eventual liability either in whole or in part, the Court may upon an 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.

Service on Third party within prescribed time.
(2) The Order of the Court and existing processes shall be served on the third party within the time prescribed for delivering the Defence.

Appearance by Third Party.

18.

Where a party is joined in any proceeding as a third party, such a party may after service enter appearance within fourteen (14) days on such further terms as the Court may order.

Default by Third Party.

19.

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 judgment given in the action, whether by consent or otherwise.

Subsequent Third Party

20.

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

Claim against Co- Defendant.

21.

A Defendant may make a claim against a Co-Defendant in the Defendant’s Counter-Claim.

Actions by and against Firms.

22.

B.— Actions against Firms and Persons carrying on Business in Names other than their own

22. 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 that 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.

Disclosure of partner’s names and addresses.

23.

(1) When an Originating Process is issued by partners in the name of their Firm, the Claimants or their Counsel shall, on demand in writing by or on behalf of any Defendant, declare in writing the names and residential addresses of all persons constituting the firm on whose behalf the action is
brought.

Stay of action for failure to declare names and addresses of partners.
(2) Where the Claimants or their Counsel fail to comply with such demand, all proceedings in the action may upon an application for that purpose, be stayed upon such terms as the Court may direct.

Suit to proceed when names and addresses of partners are declared.
(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 Claimants in the Originating Process provided that the proceedings may continue in the name of the Firm.

Partners to appear individually in proceedings.

24.

(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 where they are represented by counsel.

When no personal appearance is require
(2) Where an Originating Process is served upon a person having the control or management of the partnership business, no appearance by such
person shall be necessary unless the person is a member of the Firm sued.

Application of Rules to actions between Co-partners.

25.

The above Rules in this part of this Order 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.

Persons carrying on business as a Firm.

26.

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

Proceedings not to abate where cause of action survives.

27.

C.— Change of parties by Death or otherwise, etc.

27. No proceedings—

(1) shall abate by reason of the death or bankruptcy of any of the parties, if the cause of action survives.

Proceedings not defective whether cause of action survives or not
(2) shall become defective by the assignment, creation or devolution of any estate or title pendente lite, and whether the cause of action survives or
not, and

Proceedings not to abate by reason of death of either party
(3) shall abate by reason of the death of either party between the finding on issues of fact and judgment, but judgment may in such case be entered notwithstanding the death of either party.

Order to carry on proceeding despite change of capacity of an existing or new party in the proceedings.

28.

28.—(1) Where by reason of death or bankruptcy, or any other event occurring after the commencement of a proceeding 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 proceeding, it becomes necessary or desirable that any person not already 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 upon an application for such change, or transmission of interest or liability or of any such person interested having come into existence.

Service of Order on parties under sub rule (1) of this rule.
(2) An Order obtained under this rule shall be served upon the continuing party or parties, or their Counsel and also upon such new party unless the
person making the application is the new party.

Appearance of person not already party to the proceeding.
(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 Process and all existing processes.

Filing of pleadings by new party to proceedings.

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

Continuation of proceedings upon assignment or other devolution of interest.

29.

In the 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.

Application by person under no legal disability or where being legally disabled, has a guardian, to vary Court. Order obtained under Rule 28.

30.

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 28 such person may apply to a Judge to discharge or vary such Order at any time within fourteen (14) days of the service of the Order.

Application by person under legal disability and not having a guardian.

31.

Where any person under any legal disability and not having a guardian in the proceedings is served with an Order under Rule 28 of this Order, such a person may apply to a Judge to discharge or vary the Order at any time within fourteen (14) days of the appointment of a guardian for such party, and
until such period of fourteen (14) days has expired, the order shall have no force or effect as against the person under legal disability.

Acts to be done by Legal Practitioner, or agent.

32.

D.—Legal Practitioners or Agents

32. 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 counsel, or by the party’s agent (unless an agent is expressly barred under these Rules).

When an agent may sue for principal.

33. If a power of attorney is executed by a principal and the agent is authorized to sue in a representative capacity on behalf of the principal, such an action must be brought in the name of the principal, that is, the donor of the power of attorney, indicating that the donor is suing through the named agent.

ORDER 14

Claims of sexual harassment

1.

(1) Where in an action before the Court, a Claimant alleges sexual harassment at the workplace, the Claimant or the Claimant’s counsel may in the complaint, indicate whether the sexual harassment is:
(a) Physical conduct of a sexual nature : such as unwanted physical contact, ranging from touching to sexual assault and rape, strip search by or in the presence of the opposite sex, gesture that constitutes the alleged sexual harassment ; and/or
(b) A verbal form of sexual harassment: such as unwelcome innuendoes, suggestions and hints, sexual advances, comments with sexual overtones,
sex related jokes or insults, or unwelcome graphic comments about a person’s body, unwelcome and inappropriate enquiries about a person’s sex life and unwelcome whistling at a person or group of persons, any document, material or exhibit in further support of the claim ; and/or
(c) A non-verbal form of sexual harassment which includes unwelcome gestures, indecent exposures, and unwelcome display of sexually explicit
pictures and objects ; and/or
(d) Quid pro quo harassment where an owner, employer, supervisor, member of management or co-employee undertakes or attempts to influence or influences the process of employment, promotion, training, discipline, dismissal, salary increments or other benefits of an employee or job applicant
in exchange for sexual favours.

Claims of workplace discrimination.
(2) Where in an action before the Court, a Claimant alleges workplace discrimination, such Claimant shall state whether the alleged workplace
discrimination is on any of the following grounds:
(a) ancestry,
(b) religion,
(c) gender,
(d) marital status,
(e) family situation,
(f ) genetic heritage,
(g) ethnic origin,
(h) political or ideological convictions,
(i) union affiliation,
(j)tribe,
(k) handicap or disability,
(l) health,
(m) pregnancy, and
(n) any other ground.

Mode, manner, etc. of discrimination in the workplace

(3) The Claimant shall also in the complaint, indicate the activity, (including the mode, manner, correspondence and communication) that constitutes the alleged workplace discrimination

Defendant’s statement of defence

2.

(1) The defendant in an action arising from workplace discrimination or sexual harassment shall file the defence to the complaint within 14 days of
being served the process.

Defendant’s counterclaim
(2) The defendant in addition to the defence filed, may file a counterclaim and witness statement on oath and the Court may treat it in accordance
with the rules of the Court.When Court may nonsuit or dismiss action.
(3) Where in any of the claims or complaints arising under Rule 1(1) of this Order, there is no satisfactory evidence entitling the Claimant or the defendant to judgment of the Court, the Court may non-suit or dismiss the action.

ORDER 14-A

Claims of sexual harassment

1.

(1) Where in an action before the Court, a Claimant alleges sexual harassment at the workplace, the Claimant or the Claimant’s counsel may in the complaint, indicate whether the sexual harassment is:
(a) Physical conduct of a sexual nature : such as unwanted physical contact, ranging from touching to sexual assault and rape, strip search by or in the presence of the opposite sex, gesture that constitutes the alleged sexual harassment ; and/or
(b) A verbal form of sexual harassment: such as unwelcome innuendoes, suggestions and hints, sexual advances, comments with sexual overtones,
sex related jokes or insults, or unwelcome graphic comments about a person’s body, unwelcome and inappropriate enquiries about a person’s sex life and unwelcome whistling at a person or group of persons, any document, material or exhibit in further support of the claim ; and/or
(c) A non-verbal form of sexual harassment which includes unwelcome gestures, indecent exposures, and unwelcome display of sexually explicit
pictures and objects ; and/or
(d) Quid pro quo harassment where an owner, employer, supervisor, member of management or co-employee undertakes or attempts to influence or influences the process of employment, promotion, training, discipline, dismissal, salary increments or other benefits of an employee or job applicant
in exchange for sexual favours.

Claims of workplace discrimination.
(2) Where in an action before the Court, a Claimant alleges workplace discrimination, such Claimant shall state whether the alleged workplace
discrimination is on any of the following grounds:
(a) ancestry,
(b) religion,
(c) gender,
(d) marital status,
(e) family situation,
(f ) genetic heritage,
(g) ethnic origin,
(h) political or ideological convictions,
(i) union affiliation,
(j)tribe,
(k) handicap or disability,
(l) health,
(m) pregnancy, and
(n) any other ground.

Mode, manner, etc. of discrimination in the workplace

(3) The Claimant shall also in the complaint, indicate the activity, (including the mode, manner, correspondence and communication) that constitutes the alleged workplace discrimination

Defendant’s statement of defence

2.

(1) The defendant in an action arising from workplace discrimination or sexual harassment shall file the defence to the complaint within 14 days of
being served the process.

Defendant’s counterclaim
(2) The defendant in addition to the defence filed, may file a counterclaim and witness statement on oath and the Court may treat it in accordance
with the rules of the Court.When Court may nonsuit or dismiss action.
(3) Where in any of the claims or complaints arising under Rule 1(1) of this Order, there is no satisfactory evidence entitling the Claimant or the defendant to judgment of the Court, the Court may non-suit or dismiss the action.

ORDER 15

Duty of Party served with a Complaint

1.

(1) Where a party served with a Complaint or any other originating process and the accompanying documents as stipulated in Order 3 of these
Rules intends to defend and/or counter-claim in the action, the party shall not later than fourteen (14) days or any other time prescribed for defence in the Complaint, file:
(a) a statement of defence and counter-claim, (if any), which may include any preliminary objection the party wishes to raise to the Claimant’s action;
(b) a list of witnesses;
(c) a list and copies of documents and other exhibits to be relied upon at the trial ;
(d) Written Statements on oath of all witnesses listed to be called by the Defendant other than witnesses to be subpoenaed.

Application for leave by party to call additional witness(es).
(2) Notwithstanding the provisions of sub-rule 1 of this rule, a party in a matter before the Court may apply for leave to call additional or substitute
witness(es) after filing the list of the party’s witnesses and tender additional exhibits or documents.
Provided that such a party shall file along with the application for leave, the said witness(es)’ written statement on oath and additional exhibits or documents.

Defence to state contact information.

2.

(1) A party served as a Defendant/Respondent with a Complaint or any other Originating Process and accompanying documents and who intends to defend and/or counter-claim in the action, shall, after complying with Rule 1 of this Order, state in the party’s defence and/or counter-claim; the party’s contact addresses (residential or business), telephone number(s) and e-mail address(es) as the party’s contact information for service of any Court process.

Service on Counsel appointed.
(2) Where a party has appointed or instructed a counsel to appear on the party’s behalf and represent the party, and the counsel has entered an
appearance, all processes filed in the matter shall be served on counsel, except as the Court may otherwise direct.

Defendant’s Counsel to state contact information.
(3) Where a party served as a Defendant/Respondent with a Complaint or any other originating process intends to defend and/or counter-claim through a Counsel, the Counsel shall state in the defence and/or counter-claim the address, telephone number(s) and e-mail address(es) of the Counsel’s chambers as the contact information for service on the Counsel of any Court process.
Provided that where counsel is based or resident outside the Judicial Division or State Registry where the defence and/or counter-claim is filed, the Counsel shall in addition, state an address, telephone numbers and other contact information of chambers within the Judicial Division of the Court as Counsel’s contact information

Statement of Admission of Claim.

(4) Where a defendant is served with an originating process as required by Order 3 of the Rules of this Court, the defendant shall explicitly and clearly state in details in the defendant’s statement of defence:
(a) whether the defendant admits the claim in whole or in part;
(b) if the defendant admits the claim in part, the defendant shall state what part of the claim is admitted and how the defendant intends to pay the
part or amount admitted;
(c) if the defendant has a counter-claim or set-off against the claim, the defendant shall clearly state this in a defence and proceed to plead the
defendant’s counter-claim which shall be treated as claim; 

Time limit to file counterclaim.
(5) Where Claimant intends to defend a counter-claim or set off, the Claimant shall file a defence to the counter claim or set–off within seven (7) days of receipt of the counter–claim and/or the set-off.

When defendant admits part of claim.
(6) Where the defendant admits part of the claim, the claimant may by motion on notice request the Court to give judgment against the defendant on that sum of money (where the claim is monetary) or part of the claim admitted by the defendant.

Court to enter judgment for claim admitted.
(7) The Court may thereafter enter judgment for the payment of the part admitted by the Defendant and may order that the action proceeds in respect of the unadmitted or contested part of the claim.

Non indication of a defence.
(8) Where the defendant fails to deny or contest any of the claims of the claimant as contained in the statement of claims, the Claimant may by motion on notice to the Court indicate that the defendant has disclosed no defence and therefore request for judgment.

Treatment of documents by defendants.

3.

Where a defendant/respondent is served with a schedule of documents or any recording by an electronic device to be relied on at the trial by the claimant, in compliance with Order 3 rules 9 and 10 of these Rules, the defendant(s) shall file and serve along with the defence a schedule that indicates:

Schedule of documents not objected to.
(a) the document(s) or any recording by an electronic device the admissibility of which the defendant shall not be objecting to at the trial; and

Schedule of documents objected to.
(b) the document(s) or any recording by an electronic device which the defendant shall be objecting to at the trial.

Admitted documents.

4.

(1) Any document or recording by an electronic device contained in the schedule which is not objected to by the Defendant shall be deemed admitted except the Court otherwise directs.

Provided at all times that a party that has signified an intention to object to the admissibility of a document or documents or any recording by an electronic device sought to be tendered by the other party shall file separately a short but succinct Written Address stating the ground(s) of objection and legal argument and authority for same.
Provided also that a party to whose document and or any recording by an electronic device an objection has been raised, upon being served with the
notice of objection together with the written argument in support of same, shall accompany such party’s reply process(es) which shall be on point of law with a written address in response to the objector’s argument, within fourteen (14) days of service of the objector’s process(es).
Provided further that at the commencement of trial, the Court may first take and dispose of all arguments on the admissibility and non-admissibility of the documents or any recording by electronic device of all parties.
Nothing in the foregoing shall preclude the Court from taking the arguments on admissibility and evidential value of documents and exhibits alongside arguments as to the substantive suit at the close of evidence at the stage of Final Addresses.

Schedule of documents to be relied on by defendant.
(2) The defendant(s) shall file and serve on the Claimant along with the statement of defence, a schedule of all documents and or any recording by an electronic device the defendant shall be relying on at the trial and the Claimant shall be required to indicate:

Admissible documents by Claimant. Form 1A.
(a) The document(s) and or any recording by an electronic device the admissibility of which the Claimant shall not be objecting to at the trial;

Schedule of documents objected to.
(b) The document and or any recording by an electronic device the Claimant shall be objecting to at the trial.

Documents not objected to, not to be allowed at trial.
(3) Any document and or any recording by an electronic device contained in the schedule which is not objected to by the Claimant shall not be allowed to be objected to at the trial except the Court otherwise directs.

Duty of party served with Originating Summons.

5.

Where a party served with an Originating Summons with any other accompanying documents and or any recording by an electronic device as stipulated in Order 3 Rule 16 of these Rules intends to contest the Originating Summons, such party shall not later than fourteen (14) days thereafter or any other time prescribed, file a Counter Affidavit thereto, which shall be accompanied by:
(a) other relevant document(s), if any

(b) a Written Address in opposition to the argument advanced by the Applicant; or
(c) any records of data relevant to party’s defence in an electronic storage device.

Time limit for filing written statement of defence on points of law.

6.

The Applicant may file a written reply on point(s) of law within seven (7) days of service of the Respondent’s Affidavit (if any) and a Written Address.

Time limit for Claimant’s reply to statement of defence.

7.

Where a Claimant has served the Defendant/Respondent with the Claimant’s Originating Process in compliance with Order 3 rules 9 and 10 of these Rules, and the Defendant/Respondent has filed a defence and served same on the Claimant in compliance with Rule 1 of this Order, the Claimant may file and serve a reply to the statement of defence and serve same on the Defendant within seven (7) days from the date of receipt of the defence.
Provided that the Claimant shall have the right to reply only to new issues raised by the Defendant in the statement of defence.

When party fails to comply with time limit

8.

Where notice has been served on a party to file a notice of response within the time allowed by rule 1 of this Order and that party fails to comply, the matter shall nevertheless be set down for hearing and if on the day of hearing, the defaulting party—
(1) appears and shows good cause why the party did not file a notice of response, the Court may according to the nature of the case, or as the justice of the case requires—
(i) postpone the matter to enable the defaulting party to comply, or;
(ii) proceed to hear and determine the matter ; or
(2) does not appear or show good cause why the party did not file a response, the Court may, according to the nature of the case, or as the justice of the case may require—
(a) enter a default judgment against the defaulting party; or
(b) proceed to hear and determine the matter

ORDER 16

Application for Summary Judgment

1.

Where a Claimant believes that there is no defence to the claim, an application for summary judgment supported by an affidavit stating the grounds
for the belief shall be filed along with the originating process. The application shall be accompanied with the statement of facts, any exhibits and a written brief.

Number of Copies of Processes to be delivered to the Registrar

2.

A Claimant 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 or respondents.

Mode of Service of Processes and Documents

3.

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

Action of a party intending to defend upon being served

4.

4. Where a party served with the processes and documents referred to in rule 1 of this Order intends to defend the action such a party shall, not later
than the time prescribed for defence, file:
(a) a statement of defence;
(b) documents to be used in defence ;
(c) a counter–affidavit and a written brief in reply to the application for summary judgment ; and
(d) written statement on oath of all witnesses listed to be called by the defendant other than witnesses to be subpoenaed.

Duty of Court upon hearing application for Summary Judgment

5.

(1) Where it appears to the Court that a party has a good defence and ought to be permitted to defend the claim such party may be granted leave to defend.

Judgment when there is no defence.
(2) Where it appears to the Court that a party does not have a good defence the Court may thereupon enter judgment for the claimant.

Judgment on part of claim to which no defence.
(3) Where it appears to the Court that the defendant or respondent has a good defence to part of the claim, the Court may thereupon enter judgment
on that part of the claim to which there is no defence and grant leave to defend that part to which there is a defence.

Duty of Court where there are several Defendants.

6.

Where there are several defendants or respondents and it appears to the Court that any of the defendants or respondents has a good defence and
ought to be permitted to defend the claim, and other defendants or respondents do not have a good defence and ought not to be allowed to defend the claim, the former may be permitted to defend the claim. The Court shall then enter judgment against the latter.

Party at liberty to expatiate on Written Address.

7.

Where provision is made for written briefs under these Rules, each party shall be at liberty to advance before the Court oral submissions to expatiate
the party’s written brief for not more than 20 minutes.

Party may submit to judgment on part of Claim

8.

(1) A party to an action may submit to judgment in respect of any claim by the Claimant and seek the leave of the Court to defend the part of the claim the party is contesting.

When a defendant can defend contested part of claim.
(2) Where a party submits to part of the Claimant’s claim in line with sub-rule 1 of this rule, the Court shall enter judgment for the Claimant accordingly and thereafter grant leave to the defendant to defend the contested part of the claim.

ORDER 17

Application by motion on notice or motion ex parte.

1.

(1) Where by these Rules, any application is authorized to be made to the Court, such application shall be by motion on notice or motion ex parte and shall state under what Rules of the Court or Act or Law it is brought.

Motion to be served on all parties
(2) Every motion on notice must be forwarded to and served on all parties in a matter.

Format of motion on notice.
(3) A motion must substantially comply with format prescribed below and must be signed by the party bringing the application or by the party’s counsel. The application must be delivered and must contain the following information—
(a) the title of the matter;
(b) the case number assigned to the matter;
(c) the prayer or relief sought;
(d) an address of the party delivering the document at which that party will accept notices and services of all documents in the proceedings.

Applications that must be by motion on notice.
(4) The following applications shall be brought by motion on notice—
(a) Interlocutory applications;
(b) Other applications incidental to pending proceedings before the Court that are not specifically provided for in these Rules;
(c) Any other applications for directions that may be sought from the Court.

Affidavit to support application.
(5) Every motion shall be supported by an affidavit setting out the facts upon which the application is made.
Provided that applications for direction on procedural aspects of the matter need not be supported by an affidavit.

Written Address to accompany application.
(6) Every application shall be accompanied by a Written Address which shall be a succinct legal argument of the issues and appropriate authorities in
support of the grounds of the application.

Content of Written Address accompanying application.

(7) The Written Address in support of motion on notice shall contain;
(a) a statement of facts in chronological order, on which the application is based, which statement must be sufficiently particularized to enable any
person opposing the application to reply to the document;
(b) issues for determination arising from the reliefs being sought by the Applicant;
(c) succinct arguments of the legal issues that arise from the material facts and appropriate authorities cited in support of the argument; and
(d) be divided into paragraph and numbered accordingly.

When to forward advance copy of motion to respondent.
(8) Every motion shall be served on the Respondent and an advance copy of same shall be forwarded by the Claimant or claimant’s counsel to the
other party within seven (7) days of filing.

When to forward advance copy of Defendant/respondent Notice of Preliminary Objection.
(9) Every motion including Notice of Preliminary Objection shall be accompanied by a Written Address, and an advance copy of same shall be
forwarded by the Defendant or Respondent or defendant/respondent’s counsel to the Claimant or any other party in the matter within seven (7) days of filing.

Time for Respondent to file Counter affidavit.
(10) Where a Respondent served with a motion on notice intends to oppose the application, the Respondent shall file a Counter-affidavit (if any) and a Written Address within seven (7) days of the service on the Respondent of such application. An advance copy of the Counter-affidavit and Written Address shall also be forwarded to the Claimant and any other party.

Time for Claimant to deal with new issues arising from Respondent’s counteraffidavit.
(11) Where a Counter-Affidavit together with a Written Address is served on the Claimant/Applicant, the Claimant/Applicant may file a Further and
Better Affidavit to deal with new issues arising from the Respondent’s Counteraffidavit and a Written Reply on points of law within seven (7) days of service. An advance copy of same shall be forwarded to the Defendant or Respondent.

Party may address court on points of law only.
(12) Where the defendant or respondent did not file a Counter-affidavit, the party may address the Court on point of law only.

Time to adumbrate on Written Address.

(13) Each party shall have twenty (20) minutes to expatiate on the party’s Written Address.
Provided that no party shall be allowed to introduce new issues in the party’s oral submission before the Court.

When Respondent cannot be allowed to make oral submission.
(14) Notwithstanding sub-rule 13 of this Rule, where a Respondent fails or neglects to file a reply to the written address of the Claimant within the
time allowed by the Court, apart from the penalty relating to such default, the Respondent shall not be allowed to make any oral submission at the hearing of the application.

When notice of Motion should be given.

2.

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

Order for an injunction to subsist.
(2) The Court may either on application or suo motu make an order that subject to the provisions of sub-rule (3) of this rule an injunction may subsist until the hearing and determination of the motion on notice.

Application to vacate order.
(3) A party affected by the order made ex parte may by motion on notice apply to the Court to vacate the order.

Documents to accompany affidavit.
(4) The application in sub-rule 3 of this Rule shall be accompanied by:
(a) An affidavit;
(b) A Written Address detailing the grounds of the application for vacation of the order; and
(c) A copy of the order of the Court which the party wants the Court to vacate.

Counteraffidavit.
(5) Upon receipt of the motion on notice by the party for whom a motion ex parte has been granted, the said party shall file a counter-affidavit stating the grounds why the ex parte order should not be vacated.

Motion to enforce an Arbitral Award

3.

(1) Every notice to enforce an arbitral award shall state the grounds of the application and where any such motion is founded on evidence by affidavit, a copy of the affidavit shall be served with the notice of motion.

Certified True Copy of award.
(2) The party relying on an award on applying for its enforcement shall supply a certified true copy of the award.

Arbitral award may be enforced like judgment of the Court.
(3) An award made by an arbitrator may, by leave of the Court, be enforced in the same manner as a judgment or order of Court.

Length of time between service of processes and date fixed for Hearing of Motion.

4.

Unless the Court grants leave to the contrary, there must be at least three (3) clear days between the service of all processes in respect of a motion and the day named in the notice for hearing the motion.

Effect of failure to give notice of Motion to Necessary Party

5.

Where on the hearing of a motion or other application the Court is of the opinion that any person to whom notice has not been given ought to have had such notice, the Court may either strike out the motion or application or adjourn the hearing in order that such notice may be given upon such terms, if
any, as the Court may deem fit.

Application for hearing in Chambers.

6.

Upon an application to the President of the Court by any of the parties in a matter, an application may be heard in Chambers by a Judge as may be
directed by the President of the Court.

Adjournment of Hearing.

7.

The hearing of any motion or application may from time to time be adjourned upon such terms as the Court shall deem fit—
Provided that no party shall make an application for adjournment more than twice.

Filing and Service of application with Originating Process

8.

A Claimant may file any application together with an originating process and may serve both on any defendant or respondent simultaneously.

Power of Court to make an Interlocutory Order.

9.

(1) Subject to sub-rule (2) of this rule, the Court may, on the application of any party, make any order under the Act it considers necessary.

Court to ensure service of notice of application for interim order.
(2) Before making an interlocutory order under these Rules, the Court shall take all reasonable steps to ensure that notice of the application for the
interim order has been served on the respondents.

Decision must be given on any motion filed.

10.

Every motion filed before the Court, shall be set down and ruled upon and no motion shall be left in abeyance.

Interlocutory application to be heard and determined before final judgment.

11.

In any case pending before the Court, any motion filed as an interlocutory application shall be heard and ruled upon before the final judgment is delivered in the matter.

Constitution of court for hearing and determination of interlocutory applications

12.

A.— Interlocutory Applications

(1) For the purpose of hearing and determining interlocutory applications, the Court shall be duly constituted, if it consists of a Judge of the
Court.
Provided that a panel of three Judges may also hear and determine interlocutory applications, if the President of the Court so directs.

Court to set down motion and determine every motion notwithstanding their strengths or weaknesses.
(2) The Court shall in the course of any proceeding before it ensure that every motion (or application) coming before the Court is set down, heard and ruled upon, notwithstanding the perceived strength, weakness or otherwise of such motion (or application);

Provided that the Court may refuse to hear the motion (or application) in a proper circumstance in the exercise of its punitive jurisdiction against a
contemnor of a Court order who is expected to be purged of the contempt before being heard.

Court to entertain all motions.
(3) No motion (or application) brought before the Court may be discountenanced for reasons merely that such a motion (or application) has been superseded and or overtaken by another one. The Court in the circumstance shall take steps to set down and hear all such motions (or applications) in a way or manner and in such order as will allow for fair trial and hearing of the cause or matter.

Court may exercise powers to achieve the objective of NICA, 2006.

13.

In the exercise of its powers and in the performance of its functions, or in any incidental matter, the Court may act in a manner that it considers
expedient in the circumstances to achieve the objectives of the Act and the Rules of the Court.

Motion on notice to be filed with every exparte application.

14.

B.— Ex Parte Motion

(1) For any motion ex-parte to be heard by the Court, the Applicant shall file along with the ex-parte application a motion on notice at the same
time.

Ex parte application for injunction to be with motion on notice

(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.

Ex parte motion to be suported by affidavit

(3) A motion ex parte shall be supported by an affidavit stating sufficient grounds why a delay in granting the Order sought would cause irreparable
damage or serious mischief to the party moving it.

Party moving motion exparte to address Court on facts in evidence
(4) A party moving a Court on a motion ex parte may support the motion by argument addressed to the Court on the facts put in evidence, while the other party to the proceedings, although present in Court may not be heard.

Court may grant, refuse to grant Order sought or direct that motion be made exparte.
(5) Where a motion is made ex parte, a Court may make or refuse to make the Order sought, or may direct the motion to be made on notice to the
parties affected or may grant an Order to show cause why the Order sought should be made.

Party affected by ex parte Order to react to Order and act in line with direction of Court.
(6) Where an Order is made on motion ex parte, any party affected by it may within seven (7) days after the service of the Order, or within such
further time as the Court may allow, apply to the Court by motion to vary or discharge it, and the Court may, on notice to the party obtaining the Order, either refuse to vary or discharge it, or may vary or discharge it, with or without imposing terms as to costs or security, or as may seem just.

Lifespan of Order made ex parte.
(7) An Order made on motion ex parte shall last for only fourteen (14) days after the party affected by the Order has applied for the Order to be
varied or discharged; or last for another fourteen (14) days after application to vary or discharge it had been concluded.

When a motion to vary or discharge ex parte Order can lapse.
(8) Where a motion to vary or discharge an ex parte Order is not taken within (14) fourteen days of its being filed, the ex parte Order shall automatically lapse.

When Order of injunction made on exparte application shall abate.

(9) An order of injunction made upon an application ex-parte shall abate at the end of seven (7) days upon hearing and determination of the motion on notice or as the court may otherwise direct during its ruling.

Court may extend duration of interim injunction.
(10) The Court may in the interest of justice and upon an application extend the effective period of an interim order of injunction made ex parte,
either to be extended from time to time or to last until the hearing and determination of the motion on notice for interlocutory injunction.
Provided that the application for extension is made not more than seven (7) days before the expiration of the Order for interim injunction.

Motion to set aside, remit or enforce arbitral award to state grounds of application.

15.

C.— Notice of Motion

Application on Arbitral Awards

(1) Every application to enforce a binding arbitral award made by an Arbitral Body 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.

Party to supply sufficient certified copies of award or decisions.
(2) The party relying on a binding award or decision or ruling or recommendation made by an Arbitral Body shall sufficiently supply duly certified true copies of the award or decisions or recommendation.

Award of Arbitral Body, IAP or Tribunal to be enforced as judgment or order of the Court.
(3) An award made by an Arbitral Body in a matter within the jurisdiction of the Court may, by leave of the Court, be enforced in the same manner as a judgment or order of the Court.

Judge to take and decide non-contentious application in Chambers.

16.

D.—Non-Contentious Applications

(1) The Judge or the Panel of Judges to whom a matter has been assigned may take and decide any non-contentious applications in Chambers without inviting parties or their Counsel to appear before the Court where the applicant has complied with prescribed rules relating to the application and the
opposition party apart from not filing any process in opposition must have filed a notice indicating a clear intention not to contest the application.

When parties may apply orally to amend process(es).

(2) Any of the parties may with the leave of the Court make an oral application to the Court for a minor amendment on the face of the process or
processes provided such an amendment does not affect the substance of the case before the Court.

ORDER 18

Motion to be determined except where withdrawn.

1.

Whenever any motion is filed in a matter before the Court, except it is withdrawn by the applicant, it shall be heard and determined by the Court.

Handling of multiple motions.

2.

(1) Where there are multiple motions in a matter before the Court, the Court may consider taking the motions in order of filing and type, but may
hear the motion that regularizes or saves the matter before taking that which may terminate the matter.
Provided that where there are many defendants in a matter before the Court and there is a multiplicity of Notice of Preliminary Objections either
touching on;
(a) the jurisdiction of the Court to hear the matter ; or
(b) the competency of the Court to hear the matter ; or
(c) application of the statute of limitation the Court may hear the matter in the order listed paragraphs in (a), (b), (c) of this rule.

When defendant disputes the jurisdiction of the Court.
(2) Where in matter before the Court, a defendant wishes to dispute the jurisdiction of the Court to entertain such a matter, the Defendant may by a
motion on notice, and an affidavit disclosing the facts in support of the application with a written address, apply to the Court to hear and determine the motion.

When the Court may take motion on jurisdiction with substantive suit.
(3) Where an application made in line with provisions of sub-rule (2) of this rule, the Court may take such application together with the Claimant’s
substantive suit.

Defendant to file memorandum of appearance
(4) A defendant making an application in line with the provisions of subrule (2) of this rule shall file along with the motion on notice a memorandum of appearance stating that he or she is appearing conditionally.

When Claimant/Respondent may take oppose motion on jurisdiction.

(5) Where a Respondent served with a motion on notice intends to oppose the application, he shall do so in line with the provisions of Order 17 rule 1 sub-rules (10) and (11) and the matter may be handled in line with the provisions of sub-rules (12), (13) and (14) of Order 17 Rule 1.

Handling of multiple Preliminary Objections.

3.

Where there are many defendants in a matter and more than one Preliminary Objection is filed, the Court may order that the Preliminary Objections be consolidated.

Consolidation of Claimants Written Addresses.

4.

Where the Court orders a consolidation of Preliminary Objections as stated in Rule 3 of this Order, the Court may make an order that the Claimant’s
reply to the consolidated Preliminary Objections be consolidated.

Consolidation of Written Addresses.

5.

Where there are many Claimants in a matter before the Court and there is a multiplicity of Preliminary Objections, the Court may order each Claimant to consolidate the Claimant’s reply in the Written Address instead of filing separate Written Addresses on each preliminary objection.

When Court may proceed to hear substantive matter after hearing preliminary objection.

6. Where there is a matter pending before the Court and the preliminary objection is raised by any of the parties, in so far as the objection does not challenge the Court’s jurisdiction, the Court may decide to hear the preliminary objection and proceed to hear the substantive matter without delivering the ruling on the preliminary objection until the judgment is ready and the ruling on the preliminary objection shall be delivered first before proceeding to deliver the main judgment on the matter.
Provided that where the Court in its ruling decides that the preliminary objection be upheld, the Court may decide to proceed or not proceed with the delivery of the main judgment

ORDER 19

Party leaving Jurisdiction or removing property

1.

Where in any suit a party (Respondent/Defendant) is about to leave the jurisdiction of the Court, or has disposed of or removed from the jurisdiction,
the party’s property, or any part thereof, or is about to do so, the other party may, either at the institution of the suit, or at any time thereafter until final judgment, make an application to the Court that security be given for the appearance of the absconding party to answer and satisfy any judgment that may be passed against the party in the suit.

Warrant of Arrest issued by the Court.

2.

Where after investigation, the Court is of the opinion that there is probable cause for believing that a party is about to leave the jurisdiction of the Court, or has disposed of or removed from jurisdiction, the party’s property, or any part thereof, or is about to do so, it shall be lawful for the Court to issue a warrant to bring the party before the Court to show cause why that party should not give good and sufficient bail for the party’s appearance.

Bail in lieu of Appearance or Satisfaction.

3.

Where an absconding party (Respondent/Defendant) fails to show any such cause, the Court shall order the party to give bail for the party’s appearance at any time when called upon while the suit is pending and until execution or satisfaction of any judgment that may be passed against the party in the suit, or to give bail for the satisfaction of such judgment. The surety(ies) shall undertake in default of such appearance or satisfaction to pay any sum of money that may be adjudged against the party in the suit, with costs.

Deposit in lieu of bail

4.

Where a party (Respondent/Defendant) offers, in lieu of bail for the party’s appearance, to deposit a sum of money, or other valuable property,
sufficient to answer the claim against the party with costs of the suit, the Court may accept the deposit.

Absconding party may be committed to Custody.

5.

(1) Where a party (Respondent/Defendant) fails to furnish security or offer sufficient deposit, the party may be committed to custody until the decision in the suit, or if judgment be given against the party, until the execution of the decree, if the Court so orders, but the Court may at any time, upon reasonable cause shown and upon such terms as to security or otherwise as may seem just, release the part (Respondent/Defendant).

Application for committal.
(2) The application for committal may be made to the Court in any Judicial Division, in which the party may be, and the Court may issue a warrant for detaining and bringing the party before the Court where the suit is pending, and may make such further order as shall seem just.

Transmission of warrant issued by a different Judicial Division.
(3) Where the warrant is issued by a Court in a different Judicial Division from that in which the suit is pending, that Court shall, at the request of either party, transmit the application and the evidence therein to the Court in which the suit is pending, on the sufficient security of the appearance of the party in that Court, or send the party there in custody of an officer of Court. The Court in which the suit is pending shall thereupon inquire into and proceed with the hearing of the application in accordance with the foregoing provisions, in such manner as shall seem just.

Payment of expenses for the subsistence of a party in Custody.

6.

(1) The expenses incurred for the subsistence in prison of the party so arrested shall be paid by the applicant in advance, and the amount so disbursed may be recovered by the applicant, unless the Court otherwise orders.

When a prisoner may be released.
(2) The Court may release the party so imprisoned on failure by the applicant to pay the subsistence money, or in case of serious illness, order his or her removal to hospital.

ORDER 20

Circumstances warranting application for Interim Attachment of Property

1.

1. Where in any suit the subject matter:
(1) on which the Court has exclusive jurisdiction; the defendant or respondent, with intent to obstruct or delay the execution of any decree that may be made against the defendant, is about to dispose of the defendant’s property, or any part thereof, or remove any such property from the jurisdiction; or
(2) is founded on contract or tort or in which the cause of action arose within jurisdiction—
(a) the defendant or respondent is absent from jurisdiction or there is probable cause to believe that the defendant or respondent is evading
service; and
(b) the defendant or respondent is beneficially entitled to any property in Nigeria in the custody or under the control of another person in Nigeria, or
such person is indebted to the defendant or respondent, then, in either case, the claimant may apply to the Court either at the time of the institution of the suit or at any time thereafter before final judgment, to call upon the defendant or respondent to furnish sufficient security to fulfill any decree that may be made against the defendant or respondent in the suit, and on failing to give the security, or pending the giving of such security, to direct that any property (movable or immovable) belonging to the defendant or respondent shall be attached until the further order of the Court.

Contents of application for Interim Attachment of Property.

2.

The application for attachment shall contain details of the property required to be attached, and the estimated value thereof so far as the claimant can reasonably ascertain, and the claimant shall, at the time of making the application declare that to the best of the claimant’s information and belief, the defendant or respondent is about to dispose of or remove the property with the intent stated in Rule 1 of this Order.

Order by Court.

3.

(1) Where the Court after making such investigation as it may consider necessary, is satisfied that the defendant or respondent is about to dispose of or remove the defendant or respondent’s property with intent to obstruct or delay the execution of the decree, the Court may order the defendant or respondent, within a time to be fixed by the Court, either to furnish security in such sum as may be specified in the order or to produce and place at the
disposal of the Court when required, the said property, or the value of same or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why the defendant or respondent should not furnish security.

(2) Pending compliance by the defendant or respondent with the order, the Court may by warrant direct the attachment until further order, of the whole, or any portion, of the property specified in the application.

Where Defendant or Respondent fails to show cause or give security

4.

(1) Where the defendant or respondent fails to show such cause, or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application if not already attached, or such portion thereof as shall be sufficient to satisfy the decree, be attached until a further order is made.

Where defendant shows cause or gives security.
(2) Where the defendant or respondent shows such cause, or furnishes the required security and the property specified in the application or any portion
of it shall have been attached, the Court may order the attachment to be withdrawn.

Rights of Third Parties not to be affected.

5.

The attachment shall not affect the rights of persons not parties to the suit, and in the event of any claim being preferred to the property attached
before judgment, such claim shall be investigated in the manner prescribed for the investigation of claims to property attached in execution of a decree.

Removal of attachment where Defendant or Respondent furnishes security.

6.

In all cases of attachment before judgment, the Court may at any time remove the attachment, on the defendant or respondent furnishing security as
above required, together with security for the costs of the attachment, or upon order for a non-suit or striking out the cause or matter.

Appropriate Court to take Proceedings.

7.

(1) The application may be made to the Court in the Judicial Division where the defendant or respondent resides or in case of urgency, where the
property proposed to be attached is situate and the Court may make such order as shall seem just.

Transmission of order to appropriate Judicial Division.
(2) Where an order for the attachment of property is issued by a different Court from that in which the suit is pending, that Court shall, at the request of either party, transmit the application and proceedings to the Court in which the suit is so pending, retaining the property in the meantime under attachment or taking sufficient security for its value and the Court in which the suit is pending shall thereupon enquire into and proceed with hearing the application in accordance with the foregoing provisions, in such manner as may seem just.

ORDER 22

Application for injunction.

1.

1.—(1) Any application for the grant of an injunction may be made by a party to an action before, at or after the trial of the action, whether or not a claim for injunction was included in that party’s action.

Application for injunction by motion ex parte.
(2) Where the applicant is the claimant and the case is for urgent relief, the application may be by motion ex-parte supported by an affidavit. Except
as aforesaid, the application shall ordinarily be by motion on notice or summons.

Application not before issuance of process.
(3) The claimant shall not make such an application before the issuance of the process by which the action is to be begun, except where the case is one of urgent relief. Where the case is for urgent relief, the injunction applied for may be granted on terms providing for the issuance of the process and service of the process together with the ex-parte order obtained on the defendant or respondent and such other terms as the Court thinks fit.

Order for detention, custody or preservation, etc of property.

2.

(1) On the application of any party to an action, the Court may make an order for the detention, custody or preservation of any property which is the subject matter of the action or as to which any question may arise, or for the inspection of any such property in the possession of a party to the action.
(2) For the purpose of enabling any order made under sub-rule (1) of this rule to be carried out, the Court may by an order authorize any person to enter upon any land or building in the possession of any party to the action.
(3) Where the right of any party to a specific fund is in dispute in an action, the Court may on the application of the party, order the fund to be paid
into Court or be otherwise secured.
(4) An order under this rule may be made on such terms as the Court deems just.
(5) An application for an order under this rule shall be made by motion on notice.
(6) Unless the Court otherwise directs, an application by the defendant or respondent for such an order shall not be made before entering appearance.

Power of Court to order assessment or valuation.

3.

(1) Where the Court considers it necessary or expedient for the purpose of obtaining full information or evidence in any action, it may, on the application of a party and by order on such terms as it deems just, authorize or require any assessment or valuation to be taken or any enquiries to be made of the property which is the subject matter of the action.

(2) The Court may, on the application of any party, make an order for the sale by such person, in such manner and on such terms as may be specified in the order, of any property (other than land) which is the subject matter of the action or as to which any dispute or question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other reason it is desirable to sell forthwith.
(3) For the purpose of enabling any order under sub-rule (1) of this Rule to be carried out, the Court may by order authorize any person to enter any
land or building in the possession of any party.
(4) Sub-rules (5) and (6) of rule 2 of this Order shall apply in relation to an application for an order under this rule.

Order for early trial

4.

4.—(1) Where on the hearing of an application made before trial in a cause or matter for an injunction, appointment of a public trustee or an order under rule 2 or 3 of this Order, it appears to the Court that the matter in dispute can be better dealt with expeditiously by an early trial than by
considering the application on its merit, the Court may make such order accordingly.
(2) Where the Court makes an order for accelerated trial, it shall by the said order determine the place and mode of trial.

Recovery of personal property subject to lien, etc.

5.

Where the Claimant or the defendant by way of counter-claim, claims the recovery of specific property (other than land) and the party from whom
recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court may order that the party seeking 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 security is claimed, or such further sum if any (of interests and costs) as the Court may direct; and that, upon such payment being made, the property claimed be given up to the party claiming it.

Allowance of income of property pendente lite.

6. Where any real or personal property forms the subject matter of any proceedings, and the Court is satisfied, that the income from it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may order the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all such parties.

ORDER 23

Application of the Rules of General Procedure.

1.

Where no provision is made in these Rules as to practice and procedure or where the provisions in these Rules are inadequate, with respect to any
aspect of the procedure or proceedings, any party to the proceedings may apply for leave of the Court to apply the Rules of Procedure of any High Court in Nigeria that will in the opinion of the Court do substantial justice to the parties in the particular circumstance.

Party to refer the Court to rules of High Court.

2.

(1) Where a party prays the Court to invoke any of the powers or rules of a High Court in Nigeria, the party shall refer the Court to the specific power or rule of that High Court the party or the party’s counsel is praying the Court to adopt and invoke.
(2) Where the Court adopts the rule or power, it shall be only for purposes of the specific proceedings in which it was adopted.
Provided that the Court shall not be bound to adopt the rules of the High Court as requested by the party or party’s counsel.
Provided further that the Court shall consider the overall interest of justice, equity, convenience, or the peculiarity of the matter and be satisfied that it has not overreached any party or that such adoption will not lead to any miscarriage of justice or create any undue advantage.

Court may invoke Rules of a High Court.

3.

The Court may suo motu draw the attention of the parties in a suit before it to a particular rule or rules of a High Court in Nigeria, that it intends to adopt, invoke and apply and; which in the opinion of the Court will do substantial justice in the matter before it.
Provided that counsel to the parties are given the opportunity to address the Court on the suitability or otherwise of the Rules that the Court intends to
apply.

Party to refer the Court to particular principle of International Best Practice.

4.

Where a party to a suit prays the Court to apply any International Best Practice(s) or International Labour Standards in determining or doing justice in the matter before it, the party shall state the particular principle(s) and/or authority of International Best Practices or extant International Labour
Standards the party is praying the Court to apply.

Practice Direction.

5. The President of the Court may issue a Practice Direction from time to time to regulate any aspect of the procedure and or proceedings of the Court as the situation may require.

ORDER 24

Reference of matter to ADR Centre.

1.

The President of the Court or a Judge of the Court may refer for amicable settlement through conciliation or mediation any matter filed in any of the Registries of the Court to the Alternative Dispute Resolution Centre (hereinafter referred to as the Centre) established within the Court premises
pursuant to Section 254C (3) of the 1999 Constitution (as amended by the Third Alteration Act, 2010) and Article 4(5)(a)–(e) of the Instrument of the
Alternative Dispute Resolution Centre.

Handling of referred matter.

2.

Upon receipt of the referral, the Registrar of the Centre shall set the matter down for mediation or conciliation in accordance with the ADR Rules.

Time limit for conclusion of matter at the Centre.

3.

The Centre shall endeavour to take all necessary steps to conclude the mediation or conciliation process with respect to matters referred to it within twenty-one (21) working days of the date the process commences.
Provided that an extension of ten (10) working days may be granted by the President of the Court or a Judge of the Court on request, if the mediation or conciliation process(es) is/are not completed within twentyone (21) working days.

Submission of Report of Mediation or Conciliation sessions.

4.

(1) At the end of the mediation or conciliation sessions, where parties agree to an amicable settlement, the Centre shall submit a Report of the process
accompanied with the Record of the resolution sessions and Terms of Settlement, to the President of the Court or the Judge who made the referral, and Certified True Copies (CTC) thereof shall be made available to the parties or their counsel, if any.

Report of amicable settlement to be entered as Judgment of the Court.
(2) A report of any matter referred to the Centre by the President of the Court or a Judge of the Court which has been amicably resolved shall be
submitted to the President of the Court or the Judge of the Court who made the referral, to be entered as the Judgment of the Court.

Serving of hearing notices to adopt settlement agreement.

5.

(1) Upon receipt of the report of an amicable settlement of a matter from the Centre, the Court shall cause hearing notices to be issued and served on the parties and their counsel, if any, for the adoption of the settlement agreement as the Judgment of the Court.

Date and time for adoption of settlement.
(2) The hearing notice shall indicate the date and time fixed for the adoption of amicable Terms of Settlement, as the Judgment of the Court.

Variation and adoption of varied settlement report.

6.

(1) The report of an amicably resolved matter may be varied by consent of the parties to the mediation or conciliation session(s). The Report herein referred to includes the proceedings at sessions and the Terms of Settlement.

Execution of altered Terms of Settlement.
(2) Where parties to a matter in respect of which a Report of resolution session(s) is before the Court, and the Terms of Settlement have been executed and signed by the parties and their counsel, if any, and the parties intend to alter the Terms of Settlement by consent, the Court shall adopt the varied Terms of Settlement as the Judgment of the Court:
Provided all the parties and their counsel, if any, execute the varied Terms of Settlement as provided in the Rules of the Court.

Report of unresolved matter.

7.

(1) Where parties to any mediation or conciliation process are unable to settle their dispute amicably, the Director of the Centre shall submit a report to that effect to the President of the Court or the Judge of the Court who made the referral without the record of the mediation or conciliation session(s).

Remitting of unresolved matter to the Court.
(2) Where the matter was not resolved by the Centre, the matter shall  be remitted to the President of the Court or the Judge who referred the matter
within five (5) working days, to be set down for adjudication in accordance with the Rules of the Court.

Unresolved matter to be set down for hearing.

8.

Where parties are unable to settle their disputes through the mediation or conciliation process, the Court may set the matter down for hearing and
determination on its merits, and the procedure laid down for trial of cases under the Rules of Court shall be followed for the determination of the matter.

Appointment of neutral.

9.

In a matter before the Court, parties may by consent move the Court to appoint a neutral mediator or conciliator for amicable resolution of their
matter.
Provided the neutral shall comply with the rules of the Centre in the resolution of matters referred to the neutral.

Joinder of a fresh party to matter before the ADR Centre.

10.

Notwithstanding the provisions of Order 3 Rule 4 of the ADR Centre Rules 2015 , where a matter is referred to the ADR Centre by a Judge of the Court presiding over such a matter, and during the pendency of the mediation and conciliation process at the Centre, a fresh party seeks to be joined or is
sought to be joined as a party to the matter, the Director of the ADR Centre shall seek the approval of the President of the Court to allow such a party to be joined in the mediation and conciliation process.
Provided that the President of the Court shall communicate the development and the approval given to the Director of the ADR Centre to join such a party to the Judge of the Court who made the referral.

How party may apply for joinder after remittance back to Judge.

11.

Where a party who sought to be joined or who is to be joined in a matter at mediation or conciliation process of the ADR Centre in line with the provisions of rule 10 of this Order, and the matter could not be resolved by the Centre and the matter is remitted back to the Court, the party who is seeking or being sought to be joined as a party shall file an application for joinder in accordance with the appropriate rules of this Court.

Officer of Court maybe a Neutral.

12.

An Officer of the Court or any person with the qualification or professional experience relevant to the subject matter of the dispute may be appointed or assigned by the Court as a Neutral.

Director to submit report to President of Court.

13. The Director of the Centre shall submit a monthly report of the activities of the Centre to the President of the Court.

ORDER 25

Qualification for Fast – track procedure

1.

1. The following cases shall qualify to be placed on Fast-Track;
(1) Cases concerning or relating to—
(a) a strike or industrial action or lock-outs; or
(b) any other form of industrial action that threatens the peace, stability and economy of the country or any part thereof;
(2) a declaration of trade dispute by essential services providers ;
(3) a trade dispute directly referred to the Court by the Minister of Labour and Productivity under Section 17 of the Trade Disputes Act, Cap T8, LFN 2004.
(4) any matter relating to the outstanding salary, pensions, gratuity, claims, allowances, benefits or any other entitlements of a deceased employee;
(5) any other matter which the President of the Court may suo motu or on application of either of the parties to a suit direct to be placed on fast-track
in the overall interest of the peace, stability and the economy of the Federation or any part thereof and of the larger society.

Fast track matter to be on Cause list

2.

When a matter is ordered to be placed on fast track, the Court may accord such a matter priority by way of listing same on the Cause List for speedy trial.

Registrar to mark originating process which Qualifies for Fast Track.

3.

A.—Identification Mark and Speedy Processing

Where a case satisfies any of the criteria in Rule 1 above, the Registrar shall cause the Originating Processes to be marked “QUALIFIED FOR FAST TRACK”.

Originating process for fast track to be served on parties.

4.

The Registrar shall serve the Defendant(s) or Respondent(s) the originating processes along with notice that the case has been placed on the fast-track and that the party served is required to file the party’s response to the originating processes within the time stipulated in the Rules.

Claimant or Appellant to be on Notice of placement of case for fast track.

5.

The Defendant(s) or Respondent(s) shall file the Defence processes as stipulated in the Rules not later than fourteen (14) days from the date of service of the originating processes and the Claimant or Appellant shall file any Reply to the Defence not later than seven (7) days from the date of
service of the Defendant(s)/Respondent(s) processes.

Registrar to refer FAST TRACK matters to President of Court.

6.

(1) The Registrar shall refer any case which qualifies to be placed on the fast-track as soon as practicable to the President of the Court for assignment to a Judge or a panel of Judges.
(2) Where the originating process(es) in respect of a case on the fast track is (are) with an urgent interlocutory application, the file shall immediately be referred to the President of the Court who shall assign the case to a Judge or a Panel of Judges to handle the urgent interlocutory application pending the exchange of pleadings and/or briefs by the parties as stipulated in these Rules.

Timely hearing of urgent interlocutory application in fast track cases.

8.

The Judge or the Panel of Judges to whom a fast-track case with urgent interlocutory application is assigned shall within five (5) days or so soon thereafter but not later than ten (10) days, set down any such urgent pending application to be disposed of timeously, and direct hearing notices to be issued to the parties accordingly.

Case to be set down for hearing as soon as possible.

9.

The trial Judge or the Panel of Judges shall set the case down for hearing as soon as addresses have been settled and the Court shall order that
hearing notices be issued and served on all the parties.

Notice for direction. Forms 17 and 18 Party or counsel to express intention to proceed.

10.

Every party or Counsel to the party shall be required to file a Notice indicating:
(1) if the party intends to file and move any or further interlocutory application before the commencement of trial, the nature of the application and whether such application has already been filed;

(2) if the party intends to object to the admissibility of any of the documents listed and front-loaded to be relied upon at the trial by the opposing party, and the list of such documents to which objection will be taken and the ground(s) for the objection.
(3) if there is any issue raised by the opposing party which the first party does not intend to contest.
(4) the party’s proposal for the speedy trial and determination of the case, including a possible timetable for the trial.

Court to consider proposal of parties or counsel and give direction.

11.

The Court shall consider the proposals by the parties or their Counsel and give directions for trial including a case management time table which it
considers suitable, and the parties shall be bound by such directions

Court may suo motu on application set aside or vary any of the directions issued.

12.

B.—Variation of Direction

12.—(1) Where there has been a change of circumstances since trial directions were issued, the Court may suo motu or an application of any of the
parties, vary any of the directions given by the Court.

Parties to apply for order for changes to trial directions.
(2) Where the parties agree on changes to be made to the trial directions given, they must immediately apply for an order by consent, including an agreed statement of the reasons why the variation is sought.

Court may impose cost on variation of trial directions.
(3) Where the Court varies any direction because of a defaulting party or counsel to the party, it may impose costs and daily default fees as prescribed in the Rules; or as may be deemed fit by the Court.

Order of variation without hearing.
(4) The Court may on default of a party make an order of variation without a hearing.

Application by a party for order to enforce compliance or sanction or both.

13.

C.—Enforcement of Compliance with Directions

13.—(1) Where a party has failed to comply with a Court direction, any other party may apply for an Order to enforce compliance or for a sanction to be imposed or both.

Noncompliance not to lead to postponement of trial.

(2) Failure to comply with Court directions will not lead to the postponement of the trial unless the circumstances of the failure are exceptional.

Application to change the trial time table.

14.

D.—Conduct of Proceedings
To be Made and Heard Timeously

14.—(1) Where a party needs to make any application which is not included in the trial time table, the party must do so as soon as possible so as
to reduce the frequency of alterations to the time table.

Court to attend promptly to application in a Fast Track.
(2) The Court shall take all necessary steps to ensure that applications and other hearings are listed and attended to promptly to avoid delay in the
conduct of cases in the Fast Track.

Trials to be conducted from day to day.

15.

E.—Trial to Proceed from Day to Day

15. Unless the Court otherwise directs, the trial shall be conducted from day to day and in accordance with any order previously made by the court.

Adjournment to be within shortest possible time.

16.

(1) The Court shall allow the postponement of a trial only as a last resort. Postponement of trial is order of last resort.

(2) Where the Court has no option but to adjourn the trial, it will do so for the shortest possible time, and as it deems just and fair.

Court to ask other party if intending to call any witness

17.

F.—Trial and Addresses

17.—(1) When the party beginning has concluded evidence, the Court shall inquire whether the other party intends to call any witness.

Beginning party to file written address within 7 working days.
(2) If the other party does not intend to call any witness, the party beginning shall within seven (7) days after close of evidence file a Written Address;

Other party to file written address within 7 working days.
(3) Upon being served with the Written Address, the other party shall within 7 days file a Written address.

Other party to file written address after calling witness.

(4) Where the other party calls any witness that other party shall within seven (7) days after the close of evidence file a Written Address.

Beginning party to respond to other party’s written address after 7 working days.
(5) Upon being served with the other party’s written address the party beginning shall within seven (7) days file as response a Written Address.

Response to be on point of law only within 5 working days only.
(6)The party who files the first Written Address shall have a right of reply on points of law only. The reply shall be filed not later than five (5) days
after service of the other party’s Written Address on the first party.

Cases commenced by complaints under Order 3 Rules 8 and 9.

18.

G.—Cases commenced under Order 3 Rules 8 and 9

18.—(1) Rules 8 to 15 of this Order shall apply to cases commenced by Complaint under Order 3, Rules 8 and 9 of these Rules where pleadings and
frontloaded processes are filed and exchanged; but shall not apply to complaints against decisions of Arbitral Tribunals, a Board or Commission of Inquiry or of the Registrar of Trade Unions and other similar decisions, commenced under Order 3 Rule 16; or to cases commenced by originating summons for the construction of the Constitution, enactments, contracts or any other written instrument commenced under Order 3 Rule 17 (1) of these Rules.

Judge or Panel to set Fast Track case down for direction.
(2) When cases commenced under Order 3 Rule 16 (1) and (2) are placed on the fast track, the Judge or the Panel of Judges to whom such cases are assigned shall set down the cases for direction in order to ascertain that any pending interlocutory application has been disposed of and that parties or their Counsel have filed and exchanged Briefs of Argument or Written Addresses as provided in these Rules.

Court to request parties to adopt Briefs of Argument or Written Addresses
(3) Once the Court is satisfied that the requirements of the provisions of rule 17 sub-rules (1)-(6) of this Order have been complied with, it shall proceed to take arguments by asking the parties or their Counsel to adopt the Briefs of Argument or Written Addresses already filed and served, or if the exigency of the court’s business does not permit, fix the shortest possible date being not more than 30 days thereafter for taking argument of parties or their Counsel on the Briefs.

Judgment of FAST TRACK cases to be delivered quickly.

19.

H.—Delivery of Judgment
19. In all Fast Track cases, the Judge or the panel of Judges shall endeavour to deliver judgment as quickly as practicable after completion of trial or adoption of written addresses.

ORDER 26

When amendment may be allowed.

1.

(1)An amendment may be allowed where its purpose is to determine the real question or issue between parties and would—
(a) secure substantial justice ; or
(b) settle the controversy between parties and related issues.

When amendment may be refused.
(2) An amendment may be refused where it would—
(a) present a completely different case, or cause injustice to the other party or where the application for amendment is brought mala fide;
(b) necessitate the hearing of further evidence especially on appeal;
(c) not cure the defects in the procedure sought to be cured or where it is inconsistent and useless;
(d) amount to over-reaching the other party or an abuse of court process.

Limit to amendment of process before trial.

2.

A party may at any time but not more than twice with leave of Court alter, amend or modify the party’s Originating and/or other processes.
Provided that the party may not completely change the cause of action endorsed on the process.

Court may allow amendment of defect or error in any proceedings.

3.

The Court may at any time, and on such terms as to cost or otherwise as the Court or Judge may think just, allow a party to amend any defect or error in any process, and all necessary amendments shall be made for the purpose of determining the real questions or issues in controversy raised by or arising from the proceedings.

Application for amendment to be supported by affidavit.

4.

An application for leave to amend may be made to the Court at the trial and such application shall be supported by an affidavit with the proposed
amendment marked and attached as an exhibit and may be allowed upon such terms as to cost or otherwise as may be just.

Documents to accompany amended originating process.

5.

Where any Originating Process and/or a pleading is to be amended, a list of any additional witness(es) proposed or intended to be called together with such witness’s written statement on oath (and or a further written statement on oath of an existing witness) as well as a copy of any additional
document to be relied upon, shall be filed with the application.

Time limit for amendment and penalty for default.

6.

If a party who has obtained an Order to amend a process does not amend same within the time allowed for that purpose by the Order, or if no time limit is fixed , and the party fails or neglects or is unwilling to amend as ordered within fourteen (14) days of the date of the Order, such party shall pay a penalty of N200.00 (Two Hundred Naira) for each day of default for the first fourteen days (14) in default, and thereafter the penalty shall be N300.00 per day.

Filing of amended process and forward advance copy.

7.

Whenever any Originating Process or Pleading is amended, a copy of the process or pleading as amended shall be filed in the Registry of the Court and advance copies of same shall be forwarded to all the parties to the action.

Marking amended process.

8.

Whenever any Indorsement or Pleading is amended, it shall be marked in the following manner:
“Amended….………….day of……………..………pursuant to Order of ………………. (Name of the Judge) dated the……………….……day of

Correction of mistakes in Judgment or in process.

9.

A Judge may at any time correct any grammatical or typographical mistakes in the Judge’s Judgments, Rulings or Orders or any accidental slip or omissions contained therein.

Correction of mistakes in Judgment or in process.

10.

A Judge may at any time correct any grammatical or typographical mistakes in the Judge’s Judgments, Rulings or Orders or any accidental slip or omissions contained therein.

Party may apply for correction of error or mistake

11.

Any of the parties may apply to the Court for the correction of any mistakes or errors or any accidental slip or omission in a Judgment, Ruling, Order or any process made or issued by the Court.

ORDER 27

Order for Account.

1.

Where in an originating process a claimant seeks an account or where the claim involves the taking of an account, if the defendant either fails to appear, or after appearance fails to satisfy the Court that there is a preliminary question to be tried, the Court may, on application make an order for the taking of proper accounts, with all necessary inquiries and directions.

Procedure for an application for account.

2.

An application for account shall be supported by an affidavit stating concisely the grounds of the claim. The application may be made at any time after the time prescribed for defence.

Account may be taken by the Court or a Referee.

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

ORDER 28

Responsibility of Assessor sitting with the Court,

1.

Where an Assessor sits with the Court during a trial, such Assessor shall only give opinion to or advise the Court on the issue for which the Assessor is appointed.

Assessor to take Oath of Secrecy.

2.

The Assessor shall subscribe to the judicial oath of secrecy before the President of the Court or a Judge of the Court before assuming duty.

Assessor not to write Judgment.

3.

The Assessor shall not deliver any opinion in form of judgment or order and shall not dissent or concur with the judgment or order which the Court has given.

Assessor to advise on issue as an expert.

4.

An Assessor shall in advising the Court limit such service to the issue on which the assessor is an expert.

Court not bound to accept Assessor’s Opinion or Advice.

5.

The Court is not bound to accept or act on the opinion or advice of the Assessor.

Invitation of expert witness.

6.

6.—(1) Any party intending to call an expert witness must deliver a notice to that effect, together with a summary of the evidence and opinion of the expert witness, at least fourteen (14) days before the date of the hearing.

Proof of expert witness.
(2) The party intending to invite an expert witness, shall state in an affidavit:
(a) the area(s) of the claims with which the expert witness is concerned;
(b) the qualification and experience of the expert witness in relations to the claims or issues before the Court

Failure of party to comply with Rule 6.

7. If a party fails to comply with rule 6 of this order, the Court may decline to admit the evidence or admit it only on good cause shown and may make an order as to costs.

ORDER 29

Issues referable to a Referee or Arbitrator.

1.

In any action before the Court, the Court may at any time order the whole cause or matter or any question or issue of facts arising therein, to be tried before a special referee, officer of the Court, or arbitrator as agreed by the parties.

Details to be furnished to Referee or Arbitrator

2.

Where a matter is referred to a referee or arbitrator by a Court order, the Court shall furnish the referee or arbitrator with such part of the proceedings, such information and detailed instructions as may appear necessary and shall direct the parties if necessary to appear before the referee or arbitrator during the inquiry.

Referee or Arbitrator’s duty to be specified

3.

The instructions shall specify whether the referee or arbitrator is only to transmit to the Court the proceedings of the inquiry, or may also report the referee or arbitrator’s own opinion on the point referred for investigation.

General power of the Referee or Arbitrator

4.

The referee or arbitrator may, subject to the order of the Court, hold any inquiry at any place or adjourn it as may be convenient and conduct any inspection which may be desirable for the disposal of the matter.

Evidence at Inquiry.

5.

(1) Subject to any order made by the Court ordering the inquiry, evidence shall be taken at the inquiry before a referee or an arbitrator, and the attendance of witnesses to give evidence may be enforced by the Court in the same manner as such attendance may be enforced in a hearing before the Court.

(2) The referee or arbitrator shall have the same authority in the conduct of any inquiry as a Court during the course of any trial.

(3) Nothing in these Rules shall authorize any referee or arbitrator to commit any person to prison or to enforce any order by attachment or otherwise;
but the Court may, in respect of matters before a referee or arbitrator, make such order of attachment or committal as it may consider necessary.

Report pursuant to reference to be submitted to Court

6.

(1) The report made by a referee or an award made by an arbitrator in pursuance of a reference or arbitration under this Order shall be made to the Court and notice thereof served on the parties.

(2) A referee or an arbitrator may submit a report on any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it deems fit.

(3) An award of an arbitrator on any reference shall, unless set aside, be binding on the Court as its findings.

(4) An application to make an award of an arbitrator an order of the Court which is unopposed may be filed by the party seeking for the order of the Court. The Court may make any competent order in the absence of the parties.

(5) On receipt of a referee’s report, the Court may—
(a) adopt the report in whole or in part;
(b) vary the report;
(c) request for 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 that referee or any other referee;
(e) decide the question or issue originally referred either on the evidence already taken or with additional evidence.

(6) An application to vary the report of the referee or remit the whole or any part of the question or issue originally referred may be made on the hearing by the Court for the further consideration of the cause or matter by giving not less than four (4) days’ notice thereof and any other application with respect to the report may be made on that hearing without notice.

(7) Where on a reference under this Order, the Court 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 pending the receipt of the report. The foregoing provision of this rule shall have effect subject to any such directions.

Court’s directions to Referee to take Account

7.

The Court 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.

Mode of taking Account

8.

Where any account is directed to be taken, the accounting party shall make out the party’s account and verify 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.

Court may direct further vouching of Account.

9.

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

Surcharge.

10.

Any party seeking to charge any accounting party beyond what the account has admitted to have been received shall give notice to the accounting party, stating so far as the party is able, the amount sought to be charged with particulars of same.

Numbering of Accounts and Inquiries.

11.

Where by any judgment 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 possible, each distinct account and inquiry may be designated by a number.

Just Allowances to be made while taking Account

12.

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

Duty of the Court where there is undue delay in proceedings at references and arbitration.

13.

(1) Where it appears to the Court that there is any undue delay in the prosecution of any proceedings, the Court may require the party having the conduct of the proceedings or any other party, to explain the delay and may thereupon make such order as to costs of the proceeding as circumstances of the case may require with regard to expediting the proceedings, and the conduct, or the stay thereof. For the purpose aforesaid, any party may be directed to summon the persons whose attendance is required, and to conduct any proceedings and carry out any directions which may be given.Court may direct takeover of conduct of proceedings.
(2) The Court may direct any party or counsel to take over the conduct of the proceedings in question and to carry out any directions made by an order under this rule and make such order as it thinks fit for the payment of the counsel costs.

ORDER 30

Service of Statement of Claim. Form 1.

1.

(1) A Claimant shall serve a statement of facts in the manner prescribed in Order 3 of these Rules together with copies of documentary evidence therein mentioned on the defendant, or, if there are two or more defendants, on each defendant, and shall do so either when the general form of complaint, or notice of the general form of complaint, is served on the defendant unless the Court or Judge otherwise orders.

Statement of facts to include relief, etc.
(2) A Statement of facts shall include the relief or remedy to which a Claimant shall claim to be entitled.

Statement of Defence.

2.

(1) A defendant who enters appearance and intends to defend the actions shall, at the time of filing the memorandum of appearance, unless the Court gives leave to the contrary, serve on the Claimant:
(a) a statement of defence which may include any preliminary objection the defendant wishes to raise to the Claimant’s action;
(b) a list of witnesses to be called at the trial;
(c) a Written Statement on oath of the witnesses;
(d) copies of every document to be relied on at the trial; and
(e) a list of non-documentary exhibits.

Defendant’s Statement of Defence, Counterclaim or Setoff to be made within 14 days.
(2) A Defendant shall file a Statement of Defence, Set-off or Counterclaim not later than fourteen (14) days after service on the Defendant of the
Claimant’s Originating Process and accompanying documents. A counterclaim shall have the same effect as a cross action, so as to enable the Court
pronounce a final judgment in the same proceedings. A Set-Off must be specifically pleaded.

Claimant to reply to Defendant’s Statement of defence within 14 days.

(3) A Claimant shall within fourteen (14) days of service of the Statement of Defence and Counter–claim; file a reply, if any, to such Defence or Counterclaim.
Provided that where a Defendant sets up a Counter-Claim, and if a Claimant 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 proceeding, a Judge may at any time order that such Counter-Claim be excluded.

Particulars to be given where necessary

4.

In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, willful 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.

Further and better statement of particulars

5.

A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice or
process requiring particulars, may on application to the Court, be ordered upon such terms as to costs and otherwise, as may be just.

Denial.

6.

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

General denial not acceptable for specific fact pleaded.
(2) A general denial in any pleading shall not operate as denial of any specific fact contained in the pleadings of the opposing party.

Conditions precedent.

7.

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

All grounds of Defence or Reply to be specifically pleaded

8.

(1) All grounds of Defence or Reply which make an action unmaintainable or which if not raised will take the opposite party by surprise or will raise issues of facts not arising out of the pleadings shall be specifically pleaded.

Specific pleading of ground which voids a transaction.
(2) Where a party raises any ground which makes a transaction void or voidable or such matters as limitation law, release, payment, performance, facts showing insufficiency in the contract of employment or illegality either by any enactment or by common law, the party shall specifically plead same.

Pleadings to be consistent.

9.

No pleading, not being a petition or summons, shall, except by way of amendment raise any new ground of claim or contain any allegation of fact
inconsistent with the previous pleadings of the party pleading the same.

Joinder of issue by pleadings.

10.

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

Effect of document to be stated

11.

Wherever the contents of any documents are material, it shall be sufficient in any pleading to state the effect of the document(s) as briefly as possible, without setting out the whole or any part the document(s), unless the precise words of the document or any part of the same are material.

Allegation of Notice as fact except otherwise required.

12.

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.

Allegation of implied contractual relationship as facts.

13.

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

Pleadings not to allege presumption of favour unless specifically denied.

14.

A party may not allege in any pleadings any matter or fact that 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.

Action on Stated or Settled account.

15.

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 is relied on by way of evidence or admission of any other cause of action which is pleaded, the same may not be alleged in the
pleadings.

No Technical objection to pleading on want of form.

16.

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

Allegation of malice or fraudulent intention, etc.

17.

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.

Striking out or amendment of pleading that discloses no reasonable cause of action.

18.

(1) The Judge may at any stage of the proceedings order to be struck out or amended any pleading or the indorsement of any writ in the action, or anything in any pleading 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 unnecessary, 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 judgment to be entered accordingly, as the case may be.

No evidence admissible under Rule 1(1)A.
(2) No evidence shall be admissible on an application under sub-rule (1)
(a) of this rule.

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

No objection to declaratory judgment or Order during proceedings.
(4) No proceeding shall be open to objection on the ground that only a declaratory judgment 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.

Close of pleadings for lack of defence.

19.

(1) Where a Defendant fails to file a defence within the fourteen (14) days prescribed by the Rules, pleadings may be deemed closed.

Close of pleadings when time barred.

(2) Where a pleading subsequent to Reply is not ordered, then at the expiration of seven (7) days of the service of the Defence or Reply (if a Reply has been filed) pleadings may be deemed closed.

Close of pleadings for failure within the time allowed.
(3) Where a pleading subsequent to Reply is ordered, and the party who has been ordered or granted leave to file the same fails to do so within the
period prescribed for that purpose, then, at the expiration of the period so prescribed, pleadings may be deemed closed.
Provided that this Rule shall not apply to a defence to counter-claim and unless the Claimant files a defence to counter-claim, the statements of fact
contained in such counter claim shall at the expiration of fourteen (14) days from the service thereof or such time (if any) as may by order be allowed for filing of a defence thereto be deemed to be admitted, but the Court may at any subsequent time give leave to the Claimant to file a Defence to Counter-Claim.

ORDER 32

Statement of Defence.

1.

The Statement of Defence shall be a statement in summary form and shall be supported by copies of documentary evidence, list of witnesses and their written statements on oath in accordance with these Rules.

Evasive denial of allegation.

2.

When a party in any pleading denies an allegation of fact in the previous pleading of the opposing party, the party shall not do so evasively, but answer
the point of substance. If an allegation is made with diverse particulars, the allegation and the particulars must be specifically denied.

When mere denial of debt is insufficient.

3.

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

Defence as to Set-off and Counter Claim.

4.

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 Defendant does so by way of supporting a right of Set-Off or counter-claim.

Addition to Title of Defence in counterclaim.

5.

Where a Defendant in a defence sets up any Counter-Claim which raises questions between the Defendant and the Claimant 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 Facts, setting forth the names of all the
persons, who, if such counter–claim were to be enforced by cross action, would be Defendants to such cross-action, and shall deliver the Defence to such of them as are parties to the action within the period in which the Defendant is required to deliver it to the Claimant.

Counterclaim against persons not a party. Form 25.

6.

Where a Defendant counter-claims against a person who is not a party to the action, the Court may suo motu or upon application order that the person be joined as a Claimant, and thereafter the person may file a defence process against the counter-claim in accordance with these Rules.

Discontinuance of the Claimant’s claim.

7.

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

Judgment for balance of claim.

8.

Where in an action, a Set-Off or counter-claim is established as a Defence against the Claimant’s claim, the Court may, if the balance is in favour of the Defendant, give judgment 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.

Grounds of defence arising after action is filed.

9.

(1) Any ground of defence which arises after the action has been filed, but before the Defendant has delivered the 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.

Claimant to raise answer or ground in reply or defence after delivery of Defence was delivered
(2) If after a Defence has been delivered along with a set-off or counterclaim, any basis for answer or ground of defence arises to any such set-off or
counter-claim respectively, it may be raised by the Claimant in the Claimant’s 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.

Further defence to Reply.

10.

Where any ground of Defence arises after the Defendant has delivered a Defence, or after the time limited for doing so has expired the Defendant may, and where any ground of defence to any Set-Off or counterclaim arises after Reply, or after the time allowed for delivery of Reply has expired, the Claimant may, within seven (7) days after such ground of defence has arisen or at any subsequent time by leave of Court deliver further defence or further Reply as the case may be, setting forth the same.

Concession to defence.

11.

Whenever any Defendant in a defence or in any further defence pursuant to Rule 10 of this Order alleges any ground of defence which has arisen after the commencement of the action, the Claimant may concede to such defence (which concession may be in Form 26 with such modification as circumstances may require) and may thereupon obtain judgment up to the time of the pleading of such defence, unless the Court either before or after
the delivery of such concession otherwise orders.

Defence to Originating Summons.

12. A Respondent to an Originating Summons shall file a Counter Affidavit together with all the exhibits the Respondent intends to rely upon and a Written Address within (14) fourteen days after service of the Originating Summons.

ORDER 33

Claimant to file reply within limited period.

1.

Where the Claimant wishes to make a Reply, the Claimant shall file it within fourteen (14) days of the service of the Defence on the Claimant.

Defence to Counter claim.

2. Where a Counter Claim is pleaded, a Reply thereto is called a Defence to Counter Claim and shall be subject to the rules applicable to Defences.

ORDER 34

Notice of Admission.

1.

Any party to a proceeding may give notice by the party’s pleading or otherwise in writing, that such party admits the truth of the whole or any part of the facts of the case of any other party.

Court otherwise orders. Notice to admit document.

2.

2.—(1) Either party may, not later than seven (7) days after close of pleadings by notice in writing filed and served, require any other party to admit any document and the party so served shall not later than four (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 it unless the

Period for admitting document
(2) When a party decides to challenge the authenticity of any document, such a party shall not later than seven (7) days after service on the party of
that document, give notice that the party does not admit the document and requires it to be proved at the trial.

Costs for challenging authenticity of document.

(3) Where a party gives notice of non-admission of a document and the document is proved at the trial, the cost of proving the document, which shall not be less than Five Thousand Naira (N5000.00) shall be paid by the party that has challenged it, unless at the trial or hearing, the Court certified that there were reasonable grounds for not admitting the authenticity of the document.

Notice to admit facts.

3.

(1) Either party may not later than seven (7) days before close of pleadings, by notice in writing filed and served, require any other party to admit any specific fact(s) mentioned in the notice, and the party so served shall not later than four (4) days after service give notice of admission or denial of the fact(s) failing which the party served shall be deemed to have admitted the facts unless the Judge otherwise orders.

Admission in Rule 3(1) deemed to be for purpose of particular proceedings.
(2) Any admission made pursuant to notice mentioned in sub-rule (1) of this rules, 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 of admission.

Cost of refusal or neglect to admit documents.
(3) Where there is a refusal or neglect to admit, answer, or react to the notice in sub-rule (1) of this rule, within four (4) days after service of such
notice or within such further time as may be allowed by the Court, the cost of proving such fact or facts which shall not be less than Five Thousand Naira (N5,000.00) shall be paid by the party so refusing or neglecting, notwithstanding the result of the proceedings, unless the Court:
(a) certifies that the refusal to admit, answer or react to the notice was
reasonable; or
(b) at any time otherwise orders or directs.

Judgment or Order upon admission of facts.

4.

The Court may, on application, at any stage of the proceedings where admissions of facts have been made, either on the pleadings or otherwise,
make such orders or give such judgment as upon such admission a party may be entitled to, without waiting for the determination of any other question
between the parties.

Cost of notice where to admit or produce document is unnecessary

5. Where a notice to admit or produce comprises documents that are not necessary, the cost occasioned thereby which shall not be less than Five
Thousand Naira (N5000.00) shall be borne by the party giving such notice.

ORDER 35

Claim for debt or liquidated demand.

1.

If the Claim is for debt or liquidated demand only, and the Defendant does not within the time allowed for the purpose file a Defence, the Claimant may, at the expiration of such time apply for final judgment for the amount claimed with costs.

Default of one Defendant out of Several Defendants.

2.

When in any such action as in Rule 1 of this Order there are several Defendants, if one of them makes a default as mentioned in Rule 1 of this Order, the Claimant may apply for judgment against the Defendant making default and issue execution upon such judgment without prejudice to Claimant’s right to proceed with the action against the other party or parties as the case may be.

Pecuniary Damages.

3.

(1) If the Claimant’s claim be for pecuniary damages, and the Defendant or all the Defendants, if more than one, make default as mentioned in Rule 1 of this Order, the Claimant may apply to the Court for judgment against the Defendant or Defendants and the amount of the pecuniary damages, or the damages only as the case may be, shall be ascertained in any way the Court may order.

Trial of unascertained damages and declaratory reliefs.
(2) Where damages are to be ascertained and in all cases where declaratory reliefs are sought, the Court shall set down the matter for trial.

When Claimant may apply for judgment against defaulting Defendant(s).

4.

When in any such action as in Rule 3 of this Order there are several Defendants, if one or more of them makes default as mentioned in Rule 1 of this Order, the Claimant may apply to the Court for judgment against the Defendant or Defendants so making default and proceed with Claimant’s action against the others; as the case may be.
Provided that the amount of damages against the Defendant making default shall be assessed at the trial of the action or issues therein against the other Defendant, unless the Court otherwise order.

Defence filed to only part of Claim.

5.

If the Claimant’s claim is for a debt or liquidated demand or for pecuniary damages only, and the Defendant files a Defence which purports to offer an answer to part only of the Claimant’s alleged cause of action, the Claimant may apply for judgment, 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 Counter Claim, execution on any such judgment as above mentioned in respect of the Claimant’s claim shall not
issue without leave of the Court.

Default in filing Defence.

6.

(1) In all actions other than those in the preceding rules of this Order, if the Defendant makes default in filing a Defence, the Claimant may apply to the Court for judgment, and such judgment shall be given upon the Statement of Facts as the Court shall consider the Claimant to be entitled to.

Application for trial when there is no Defence.
(2) Where there is no Defence and the matter before the Court cannot be adjudged without the Claimant adducing evidence to prove the case before
the Court, the Claimant shall make an application to set the matter down for trial before the Court which shall upon consideration and grant of the application proceed to hear the matter at the trial Court.

Validity of a default judgment and application to set aside.

7. Any judgment 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 the Court on grounds of fraud, non-service or of lack of jurisdiction and upon such terms as the Court may deem fit.

ORDER 36

Payment into Court.

1.

(1) In any action for debt or damages the Defendant may, at any time after the Defendant has entered appearance in the action, pay into Court a sum of money in satisfaction of the cause of action in respect of which the Claimant claims or, where two or more causes of action are joined in the action, a sum or sums of money in satisfaction of any or all of those causes of action.

Notice of payment on Form 23.
(2) On making any payment into Court under this Rule, and on increasing any such payment already made, the Defendant shall give notice thereof in Form 23 to the Claimant and every other Defendant (if any); and within seven (7) days after receiving the notice, the Claimant shall send to the Defendant a written acknowledgment of its receipt.

Payment into Court as admission of liability.

2.

(1) Unless the Defendant denies liability, payment into Court, whether made in satisfaction of the Claimant’s claim generally or in satisfaction of some specific part of the claim, operates as an admission of liability to the extent of the amount paid in and no more, and for no other purpose.

Denial of liability when money is paid into Court
(2) When money is paid into Court and the Defendant is denying liability, it shall be subject to the provisions of Rule 5 of this Order.

Acceptance of sum paid in discharge of cause of action.

3.

Where the Defendant pays money into Court, and the liability of the Defendant in respect of the claim or cause of action in satisfaction of which the payment into Court is made is not denied in the defence, the Claimant shall be at liberty to accept the same in full satisfaction and discharge of the cause of action in respect of which it is paid in, and in that case the Claimant may forthwith apply by motion for payment of the money to Claimant, and, on hearing the motion, the Court shall make such order as to stay of further proceedings in the suit, in whole or in part and, as to costs and other matters as seems just.

Nonacceptance of sum paid in.

4.

If the Claimant does not so apply, the Claimant shall be considered as insisting that the Defendant was and is indebted to the Claimant in a greater amount, than the sum paid in and, in that case the Court, disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been made and not accepted.

Payment into Court despite denial of liability.

5.

(1) When the liability of the Defendant, in respect of the claim or cause of action in satisfaction of which the payment into Court has been made, is denied in the pleading, the matter shall proceed to trial.

Where Claimant’s action succeeds in whole or in part.
(2) Where money is paid into Court with denial of liability, the Claimant may proceed with the action in respect of the claim and if the Clamant 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 the Court be paid back to the Defendant(s).

Where Defendant succeeds in whole.
(3) Where the Defendant(s) succeeds in respect of such claim, the whole amount paid into Court shall be paid to Defendant on the order of the Court.

Where Claimant succeeds with action, the amount paid shall be applied to his or her claim.
(4) If the Claimant proceeds with the action in respect of such claim or cause of action or any part thereof, and succeeds, the amount paid in shall be applied, so far as is necessary, in satisfaction of the Claimant’s claim, and the balance, if any, shall on the order of the Court, be paid back to the Defendant.

Where Defendant succeeds Court to order repayment to him or her
(5) If the Defendant succeeds in respect of such claim or cause of action, the whole amount shall, under Court order, be paid back to the Defendant.

Money deposited in the Court to be paid into the Bank.

6.

(1) Where an amount of money is required to be paid into or deposited in Court, the Court may, if it thinks it expedient, order that the money be paid into an interest yielding savings account with a reputable Commercial Bank with the name, The Chief Registrar, National Industrial Court of Nigeria.

Payment into Bank by the Chief Registrar.

(2) Such payment shall be done by the Chief Registrar, and any interest payable by the Bank shall accrue pro tanto to the benefit of the party who, at the end of the action, is entitled to the money originally paid into Court.

Definition of “Funds in Court”.
(3) In this Rule “Funds in Court” includes money paid into a bank account.

Money or damages claimed by person under legal disability.

7.

(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 trial, shall as regards the claims of any such person be valid without the approval of the Court.

Judge to give directive on payment to person under legal disability.
(2) In any such proceedings in respect of the claims of any such person under legal disability, no money shall be paid to the Claimant or to the guardian of the claimant or to the claimant’s counsel whether by judgment settlement, compromise, payment into Court or otherwise, before, at, or after trial, unless a Judge shall so direct.
For the purposes of this rule, “money” includes damages in any way recovered, or adjudged or ordered or awarded or agreed to be paid.

Money awards to be directed by the Court.
(3) All monies so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Court shall direct. The directions thus given may include any general or special directions that the Court 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 Claimant or to the guardian of the claimant in respect of money 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 claimant’s counsel in respect of costs.

Application for payment into Court.

8.

Every application or notice for payment into or out of Court shall be made on notice to the other party.

Payment by Claimant.

9.

A Claimant may, in answer to counter claim, pay money into Court in satisfaction of the counter-claim subject to the like conditions as to costs and otherwise as upon payment into Court by a Defendant.

No payment out except by order of the Court.

10. Money paid into Court pursuant to Rule 1 or 7 or under an Order of the Court shall not be paid out except in pursuance of an Order of the Court.

ORDER 37

Settlement of issues at or before hearing.

1.

A.—Settlement of Issues

1. On conclusion of pleadings, the parties may within (14) fourteen days file applications before the Court stating the material questions in controversy between them in the form of issues, which may be noted by the Court and set down for trial.

When a party fails to comply

2.

Where a party fails to comply with rule 1 of this Order, the Court may proceed to set down the matter for hearing upon the issues submitted by the other party.

When neither party invokes Rules 1or 2

3.

Where neither rule 1 nor 2 of the Order is invoked by any of the parties, the Court may give notice to the parties to be present at the settlement of issues.

Settlement of issues at hearing.

4.

Issues may be settled without any previous notice at any stage of the proceedings, at which all the parties are actually present or at the hearing.

Court may direct parties to settle documentary evidence.

5.

B.—Trial of Questions and Issues

5. The Court may direct the parties to settle all documentary evidence which the parties intend to rely on at the trial.

Dismissal of action, etc, following settlement of preliminary issue

6. If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter, or make such other Order or give such judgment therein as may be just.

ORDER 38

Striking out for nonappearance of parties.

1.

Where a cause on the Weekly Cause List has been called for hearing and neither party appears, the Court may in the absence of any justifiable good cause strike out the case.

When a Defendant without defence is absent in Court.

2.

(1) Where a cause fixed for hearing is called and the Claimant appears in Court but the Defendant is absent in Court and has not filed any defence to the claim in accordance with these Rules, the Claimant shall be entitled to judgment as far as he can prove his case.

When a Defendant with defence is absent in Court.
(2) Where a cause is called for hearing and the claimant appears in Court but the defendant or respondent and/or counsel who has entered defence was not in Court and no good cause has been shown for the absence, the Claimant may prove the claim in so far as the burden of proof lies upon the Claimant.

When Defendant is allowed to prove defence.

(3) Where a Claimant was allowed by the Court to prove his claim in the absence of the Defendant or respondent and/or counsel, the Court shall adjourn the case to enable the Defendant appear in Court to prove the defence.

When Defendant fails to appear Claimant may file Final Address.
(4) If on the date fixed for the Defendant to appear before the Court to prove the defence and the Defendant fails or neglects to appear, the Claimant may be allowed to file a Final Address and adjourn the case for adoption of the Final Address.
Provided that the Defendant shall be put on notice on a date fixed for the adoption of the Final Address.

When Defendant shows good cause for absence.
(5) Where the Defendant appears and shows good and justifiable cause for his absence, the Court may allow the Defendant to enter defence in
accordance with these Rules.

Nonappearance of the Claimant at the Trial

3.

(1) Where a cause is called for hearing and the defendant or respondent appears but the Claimant or counsel to the Claimant does not and no good cause is shown for the absence, the defendant or respondent, shall be entitled to judgment striking out the action, but if the defendant or respondent has a counterclaim, then the defendant may prove such counterclaim in so far as the burden of proof lies upon the defendant.

When Court may deal with issue in the absence of party.
(2) Where any party to the proceedings has been duly served with notice to appear or the party is to the satisfaction of Court aware of the adjourned
date and without reasonable excuse fails to appear, the Court may consider and deal with the matter before it in the absence of such party.

Failure to appear to present oral argument.
(3) Where in a matter before the Court, Written Addresses have been filed by the parties or their respective counsel, and the matter is fixed for
hearing and adoption of the Written Addresses and any of the parties or their respective counsel fails to appear to adopt the party’s Written Address and adumbrate thereon without giving any cogent or compelling reason(s) for the absence, the Written Address shall be treated by the Court as having been duly adopted and adumbrated upon.

Notice of intention not to contest application.
(4) Upon the service of any application on the defendant/respondent directly or on counsel, the defendant/respondent counsel may within seven (7)
days file a notice of intention not to contest the application and upon such notice the application may be heard by the Judge without oral argument.

Power of Court to bar disobedient Party

4.

Where any party to the proceedings fails to comply with an order or direction of the Court, the Court may order that the party be barred from taking any further part in those proceedings until the party has complied with such direction or order or may make such other order as the Court thinks just.

Individual or group of individuals not to appear both as Claimant and Respondent

5.

In any matter before the Court, no individual or group of individuals may appear as both claimant or claimants and respondent or respondents in the same matter, notwithstanding the fact that they all belong to the same disputing organization.

Application to re-list

6.

(1) Where a cause is struck out under rule 1 of this Order either party may apply for the cause to be re-listed on the Cause List on such terms as the Court may deem fit.

When judgment may be set aside.
(2) Any judgment obtained where a party did not appear at the trial may be set aside by the Court upon such terms as it may deem fit.

Time to apply for relisting struck out matter
(3) An application to re-list a cause struck out or to set aside a judgment under this rule shall be made within fourteen (14) days after the order or
judgment or such other extended period as the Court may allow.

Application to re-list accompanied with affidavit. 
(4) The application to re-list under sub-rule 1 of this Rule shall be accompanied by an affidavit and written address stating the grounds and reasons why the Court should re-list the matter. Upon service of the application on the other party, the other party shall have seven (7) days to respond as
appropriate by filing a counter affidavit and Written Address.

Sequence of Trial.

7.

(1) Where a cause or matter is ripe for trial, the trial shall be from day to day.
Provided that the Court may, where it thinks fit in the interest of justice, adjourn a trial for such time and upon such terms as it shall deem fit.
Provided further that any matter fixed for trial shall not, except for very special circumstances or cogent or compelling reason(s) be adjourned for more than two times at the instance of a party.

Court may increase the number of adjournments.
(2) Notwithstanding sub-rule 1 of this Rule the Court may in the interest of justice, grant adjournments to any party where such party has exhausted
the number of adjournments permitted under this Rule.

Application for adjournment when matter or cause is fixed for hearing or trial.
(3) Where a cause or matter has been fixed or set down for hearing or trial and any of the parties intends to seek for an adjournment, such party shall notify the Court in writing and send a copy of the notice to the other party or the counsel not later than three (3) working days before the date fixed for the hearing or trial of the cause or matter;

Provided that the party seeking or applying for adjournment shall satisfy the Court that there are cogent unforeseen reasons or compelling circumstances warranting the grant of the application.

Finding out of adjourned date.

8.

Where a matter was adjourned by the Court at the instance of a counsel due to the counsel’s inability to attend a court sitting, it shall be the
responsibility of the counsel to find out from the Registrar of court the date to which the matter was adjourned.

Foreclosure of hearing arising from defaulting party.

9.

Where any matter fixed for trial is adjourned twice at the instance of a party or counsel to a party and the party or counsel fails or neglects or is not
ready or willing to continue with the hearing of the party’s case, the case shall be foreclosed against that party and the Court shall deal with the matter as the justice of the case may demand.

When matter cannot be adjourned.

10.

Once a matter is fixed for hearing or trial, at the concurrence of all the counsel in the matter and the Court, the matter shall not be adjourned on the ground that any of the counsel is either not present in Court, or being present in Court is not ready to go on with the hearing or trial of the matter.

When brief of principal counsel in proceeding is held by another counsel.

11.

Where a matter is slated for the hearing of a motion or substantive matter and a counsel announces appearance as holding the brief of another counsel in the matter, except the Court is not ready to take the motion or hear the matter or upon good cause being shown, the counsel shall be asked to proceed with the business of the day.
Holding brief shall mean holding brief for all intents and purposes.

Representation by junior counsel.

12.

(1) Where a matter is fixed for hearing as jointly agreed by the counsel in the matter and the Court, and on the day so fixed, a junior counsel appears in Court and asks for adjournment on the ground that the principal counsel has expressed the intention through the junior counsel to personally handle the matter, the Court may proceed with the hearing, notwithstanding the absence of the senior or principal counsel in the matter.
Provided that where the junior counsel provides cogent and compelling reasons to the satisfaction of the Court as to why the senior or principal counsel must personally handle the matter, the Court may grant the request for adjournment.

When junior counsel refuses to continue with proceedings
(2) Further to the provisions of sub-rule (1) of this Rule, where the junior counsel refuses or is unwilling to proceed with the case as directed by the Court, the Court may close and call upon the Counsel on the other side to open, continue or proceed with the opposing party’s case, as the Court deems fit.

When matter fixed for hearing may be adjourned.

13.

The Court may adjourn a matter fixed for hearing or trial, if any of the counsel in the matter gives in advance, to the satisfaction of the Court, cogent, compelling and justifiable reasons.

Provided that in such eventuality all the counsel in the matter or the parties where no counsel appears have been duly notified of the intention to apply for an adjournment.

Time taken by Trial to be noted by Registrar

14.

The Registrar of Court shall endorse the Court’s files stating the time at which any matter commences or terminates to enable the Taxing Officer to assess cost.

Order of proceedings at Trial.

15.

The order of proceeding at the trial of a matter shall be as prescribed hereunder :
(a)The party on whom the burden of proof lies by the nature of the issues or questions between the parties shall begin.
(b) Documentary evidence shall be put in and may be read or taken as read by consent of parties.
(c) The Court may order that witness statements on oath be read in court or taken as read by consent of the parties.

Closure of Case by Parties

16.

(1) A party shall close the party’s case on completion of presentation of evidence.

Oral application by party for closure.
(2) Either party may make an oral application to have the case closed.

When Court can close a case.
(3) Notwithstanding the provisions of sub-rules (1) and (2) of this Rule, the Court may suo-motu where it considers that either of the parties fails or
neglects or is unwilling to conclude the party’s case within a reasonable time, close the case for the party based on the occurrence of any of the following events. That is, where:
(a) the party fails or neglects or is unwilling to call the party’s witness on the date fixed for hearing ;
(b) after hearing notices have been served and the party served fails or neglects or is unwilling to abide by the date fixed for hearing on the notice;
(c) the party fails or neglects or is unwilling to proceed with the party’s case and the matter has already been adjourned more than twice by the Court;
(d) the party fails or neglects or is unwilling to file a final Written Address within the time stipulated by the Rules of the Court;
(e) the party behaves in a manner that is likely to impede the speedy hearing and dispensation of the case before the Court or asotherwis ordered by the Court.

When the witness statement is deemed abandoned.

(4) Where a party before the Court has filed a Witness Statement on Oath in compliance with Order 3, Rule 9 (d), but fails or neglects to present the witness who deposed to the Witness Statement on Oath on the date fixed for trial without any cogent, convincing and compelling reason for the absence of the witness and the counsel to any of the other party or parties is present in Court, the Court may deem the said witness statement on oath abandoned and deal with the matter in accordance with the Rules of the Court.

When party cannot adduce or plead new issues.
(5) Where any of the parties has filed a witness statement on oath, such a witness shall not be allowed to adduce oral evidence on issues not pleaded by any of the parties.

Power of Court to call any witness.

17.

(1) The Court may of its own motion or on the application of any party order any person to appear before it as a witness or to produce any document.

Party may apply to call additional witness.
(2) A party who desires to call any witness not being a witness whose deposition on oath accompanied the party’s pleading shall apply to the Judge
for leave to call such a witness.

Additional witness to depose to oath.
(3) An application for leave in sub-rule (2) above shall be accompanied by the deposition on oath of such a witness.

Court may suo motu order a person present in Court to give or evidence produce document

18.

(1) The Court may compel any person present in Court to either give evidence or produce any document in such a person’s possession and power as provided in Section 43 of the National Industrial Court Act, 2006.

Production of documents without giving evidence.
(2) A person whether a party or not in a cause, may be summoned to produce a document without being summoned to give evidence, and if such a
person causes such document to be produced in Court, the Court may dispense with the person’s physical attendance.

Order by Court to give evidence.
(3) Whenever the Court suo motu orders a person present in Court either to give evidence or produce any document in the person’s possession and power in accordance with sub-rule 1 of this rule, such a person may not swear to a witness statement on oath, but may be allowed to give oral evidence after being sworn or affirmed.
Provided that nothing in this Rule shall preclude such a person from filing a witness statement on oath if the person so requires or wishes.

Subpoenaed witness.

(4) Where a witness is subpoenaed by a party to the action to appear before the Court to give evidence, the subpoenaed witness may not file a
witness statement on oath if the witness is only appearing before the Court to tender a document and answer questions either in examination-in-chief, crossexamination or re-examination relating to the document the witness has been subpoenaed to tender.
Provided that where such a witness is subpoenaed to give evidence on what the witness did, saw or knew about, such a subpoenaed witness shall file a witness statement on oath in line with the Rules of the Court.

Summons for witness.
(5) Any of the parties to an action or matter before the Court may apply to the Court by motion ex parte to issue a summons to bring up a person
before the Court either to be examined as a witness or to tender a document in the person’s possession, or custody, or control or power or care, in any cause or matter pending or to be inquired into by the Court.

Limitation of communication with witnesses.
(6) The Court shall ensure that while conducting the trial of a matter there is no communication with any witness(es) who is/are within the court
hall or its precincts awaiting to be called as witness(es).
Provided that this provision shall not extend to the parties themselves or to their respective legal advisers although intended to be called as a witness(es).
Provided further that a party that intends to give evidence or such party’s Counsel who is intending to be called as a witness shall not be asked to leave the Court hall while the trial is on.

Marking and preservation of Exhibits admitted at Trial.

19.

(1) The Registrar shall take charge of every document or object put in as an exhibit during the trial of an action and shall mark every exhibit with a letter or letters indicating the party by whom the exhibit is tendered (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.
(2) The Registrar shall cause a list of all the exhibits in the action to be made.
(3) The list of exhibits when completed shall form part of the record in the action.
(4) For the purpose of this rule a bundle of documents may be treated
and counted as one exhibit.

(5) In this Rule, a witness by whom an exhibit is proved includes a witness in the course of whose evidence the exhibit may be put.

Filing of Written Addresses.

20.

(1) When the party beginning has concluded evidence, the Court 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 twenty-one (21) days after close of evidence file a Written Address. Upon being served with the Written Address, the other party shall within twenty-one (21) days file the other party’s Written Address.
(2) Where the other party calls evidence that party shall within twenty one (21) days after the close of evidence file a Written Address.
(3) Upon being served with other party’s written address the party beginning shall within twenty-one (21) days file a Written Address.
(4) The party who files the first address shall have a right of reply on points of law only. The reply shall be filed within seven (7) days after service of the other party’s address.
(5) The Written Address by either party shall be accompanied by an electronic (soft) copy in an electronic storage device such as compact disc, flash drives, or by any other electronic storage device or means.

When a party requires exhibit for appeal.

21.

(1)Whenever a case is concluded and judgment delivered and any of the parties who wishes to go on appeal requires the exhibits used in the trial of the case for his appeal, such party shall by motion on notice apply to the Court for the exhibit to be released within thirty (30) working days from the
date of delivery the judgment.
(2) An exhibit shall not be released after the trial to the party who puts in the exhibit unless the period during which Notice of Appeal may be given has elapsed.
(3) Where the Presiding Judge in the case (or in the absence of the Presiding Judge), another Judge on being satisfied that the period of the Notice
of appeal has elapsed may grant leave to release such exhibit;
Provided that:
(a) the exhibit will be kept, duly marked and labeled and will be produced, if required, at the hearing of an appeal (if any such appeal is lodged), or
(b) the release of the exhibit will not in any way prejudice any other party.
(4) After a Notice of Appeal has been filed, an exhibit produced at the trial shall not be released by the Court unless leave to release such exhibit is
granted by the Court of Appeal.

Party may obtain Office Copy of List of Exhibits.

22.

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

Case may be struck out for lack of diligent prosecution.

23.

(1) The Court may, suo motu or on application strike out any proceedings for lack of diligent prosecution.

Application to re-list matter.
(2) Where a matter is struck out for lack of diligent prosecution, either of the parties may with good cause shown apply to re-list the matter on the
Cause List.
Provided that the party applying for re-listing shall comply with the provisions of rule 6 (3) and (4) of this Order.

Court may grant application to relist.
(3) The Court on being satisfied with the cause shown may grant the application to re-list the matter.

The power of the Court to review its own order.

24.

(1) The Court may, either of its own motion or on application by any of the parties to the proceedings, review any order made by it and may, on such a review, revoke or vary that order on the grounds that:
(a) the order was wrongly made as a result of an error on the part of the court staff ;
(b) a party did not receive proper notice of the proceedings leading to the order ;
(c) the order was made in the absence of a party entitled to be heard ;
(d) new evidence has become available since the making of the order ; or
(e) the interest of justice requires such review.
(2) An application under sub-rule (1) of this rule shall be made within 14 days of the date of the order.

The power of the Court to correct clerical errors or slips.

25.

A clerical mistake or error in any order arising from an accidental slip or omission may at any time be corrected by or on the authority of the Court.

Application for fiat by parties to continue part-heard matter in Judge’s new or former Division.

26.

(1) When a Judge is transferred from one Division to another and the Judge has a part-heard matter in the former Division, any of the parties in the case may apply to the President of the Court for a fiat to enable the Judge continue to hear the case to conclusion in either the former or new Division.

President of the Court may grant fiat to a Judge to continue hearing of part-heard matter in new or former Division.

(2) Upon an application by any of the parties, the President of the Court may having regard to the exigency of court work grant a fiat to a Judge to
hear a case at his former or new Division as the justice of the case may require.

Reasons for fiat.
(3) The party applying for fiat shall state the reasons for the fiat and shall forward an advance copy of the party’s application for fiat to counsel to the other party.

Service of fiat.
(4) The application for fiat shall be served on counsel to the other party in the matter.

Party to respond to fiat.
(5) The other party or counsel to that party shall communicate his acceptance or objection in writing; where the other party raises an objection, such party or counsel to that party shall be required to state the grounds of the objection.

President’s response to application for fiat.
(6) The President of the Court may after considering the application and the response of the other party grant or refuse the application in the interest of justice.

President may grant fiat to continue hearing beyond time.
(7) In granting the application for fiat, the President of the Court may issue the fiat directing the Judge to continue with the hearing of the case as
may be desirable for a specified period.

Judge may apply for extension of fiat.
(8) Where a Judge is granted the fiat to hear a matter in line with subrule (7) of this rule and the Judge is unable to conclude the hearing and
determination of the matter within the period given, the Judge shall make a request to the President of the Court for an extension of the fiat.

President may extend fiat.
(9) The President of the Court may extend the fiat for continuation of hearing and determination of the matter.

President’s decision on extension of fiat final.
(10) The decision of the President of the Court to grant or refuse to grant or extend the period of a fiat, shall be final.

Judge to remit file when fiat is not extended.

(11) Where the President of the Court refuses to extend the life span of a fiat, the Judge handling the matter shall remit the file to the President of the Court for re-assignment to another Judge.

Application for Court to move to workplace.

27.

(1) Where a matter arising from the workplace is pending before the Court, an application may be made to the Court by any of the parties for the Court to move to the workplace to inspect any part of or the entire workplace with a view to establishing facts in issue or facts that are relevant to the issue.
Provided that the Court may suo motu order that an inspection be made of a workplace in order to ascertain a fact in issue and do justice to same accordingly.

Notice to visit workplace
(2) Where the Court grants an application to visit a workplace as required by this rule, a notice to that effect shall be issued and served on the Managing Director/Chief Executive Officer or a Director or a Manager or any other Principal Officer of the workplace three (3) working days before the day fixed for the visit.

Record of proceeding at workplace
(3) Where an application is made under this rule, it shall be lawful for the Judge and the officers of the court to visit and inspect the workplace and the proceedings of the Court shall continue at that place to the extent only that evidence, if any, of what transpired at the workplace shall be given afterwards in the Court.

Examination of witnesses at workplace
(4) Examination-in-chief and cross-examination as well as re-examination of a witness or witnesses may take place during the visit to the workplace
pursuant to and in compliance with the provisions of section 12(2) of the Act.

Taking of evidence during workplace visit.
(5) The Court may take evidence from either party to the case or from their witnesses or any other person during the visit to the workplace.

Witness may Continue evidence during workplace visit.
(6) A witness, who has started giving evidence in Court, may continue with the evidence at the workplace visit upon being reminded of the oath
already sworn by such a witness.

Court may direct any person to testify at workplace.
(7) The Court may in the interest of justice order or direct any person during the visit to the workplace to testify and the parties and their counsel shall have the right to cross-examine such person.

Evidence at workplace is part of record of proceedings.

(8) The evidence taken by the Court during the workplace visit shall form part of the record of proceedings of the Court.

Registrar to remind Judge of pending judgment or ruling on any matter.

28.

If at the end of the proceedings, a matter is adjourned for Judgment or Ruling, the Registrar of the Court shall within three (3) working days thereafter, send the file to the Judge with a minute reminding the Judge of the pendency of the Judgment or Ruling.

Recall of witness after closure of case.

29.

The Court may, where it deems it fit and expedient in the interest of justice grant leave to either Claimant or Defendant after the case has been closed and Judgment reserved to file an application to re-open a case, for the purpose of recalling a witness.
Provided that such an application shall be for the purpose of clarifying a point in issue already in evidence, and shall be made by motion on notice to the other party, and filed within 7 days of the adoption of final addresses.

Court may order party to address it for clarification.

30.

The Court may suo motu on or before the date fixed for Judgment order or direct either party to the case to address it on any issue requiring further clarification for the fair trial of the case.

Court upon satisfaction may grant application to re-open matter.

31.

Upon being satisfied with the grounds on which the application is made, and where the Court deems it fit in the interest of justice and fair trial to do so, the Court shall grant leave to the party to reopen the case for purposes of clarifying the point of law and/or presenting the additional evidence as
contained in the application to the Court.
Provided that the respondent party shall have the right to reply within seven (7) days as the case may be.

Frivolous vexatious matter may be struck out.

32.

(1) Where in a matter pending before the Court a party or counsel to a party files an application which is found by the Court to be frivolous, vexatious or an abuse of Court process, the Court after striking out or dismissing the application may order that punitive cost be paid either by—
(a) the party; or
(b) counsel who filed the application.
(2) Where the Court has ordered that a punitive cost be paid in accordance with sub-rule (1) of this rule, the Court may further order that the cost be paid before the next adjourned date.

Trial on record.

33.

(1) In any proceeding before the Court, parties may by consent at the close of pleadings agree to a trial on records where they rely only on the
documents and exhibits frontloaded and thereby dispense with the need for oral testimony and/or cross-examination.

Trial on records: Written Address

(2) Where parties agree to a trial on records, Written Addresses shall be filed starting with the Claimant on the basis of the document on record.
(3) The Written Address which shall be in the format provided in rule 2 of Order 45 of these Rules shall be served first on the defendant in compliance
with the provisions of rule 20 of this Order.

Request for interpreter

34.

(1) In a matter or proceeding before the Court, a party or a witness may either before the commencement or in the course of the proceeding formally or orally apply for an interpreter in the language in which such a party is more comfortable to communicate.
(2)(a) The Court shall keep a Register of Interpreters.

Invitation of interpreter
(b) The Court may invite an Interpreter from the Register of Interpreters kept by the Court.
(3) The Court shall bear the cost of payment for the services of the Interpreter on pre-agreed terms.Costs of interpreter.

When Court may order use internal dispute resolution mechanism.

35.

(1) Where an action relating to or connected with contract of employment or contract of services is pending before the Court and in the contract of employment or contract of services the mode of settlement of dispute or an internal dispute resolution mechanism is stated, the Court may order the parties in the matter before it to exploit the stated mode of settlement or the internal dispute resolution mechanism for the settlement of the dispute before proceeding with the matter.

When any party may apply for participation by the other parties in the use of stated mode of or internal dispute resolutio
(2) Where an action relating to or connected with a contract of employment or contract of services is pending before the Court, and the Court has ordered that parties in the matter exploit the use of the mode of settlement of dispute stated in the terms of the contract of employment or contract of services, any of the parties in the matter may apply to the Court for an order of the Court directing the other party(ies) in the matter to participate in the internal dispute resolution process.

When parties are able to resolve matter.
(3) Where the parties in the matter stated in sub-rule (1) of this rule are able to resolve the matter using the mode of settlement or the internal dispute resolution mechanism stated in the terms of the contract of employment, the terms of settlement entered into by the parties may be filed with the Court to be adopted as a binding judgment of the Court.

When parties are unable to resolve matter.

(4) Where the parties in the matter stated in sub-rule (1) of this rule are unable to settle the dispute using the mode of settlement or the internal dispute resolution mechanism as stated in the terms of contract of employment or contract of services, the parties shall report to the Court for the Court to proceed with the trial of the matter.

When Court may order status quo ante.
(5) Where a matter relating to a contract of employment or contract of services is before the Court and the Court has ordered that parties exploit the use of the mode of settlement or internal dispute resolution mechanism as stated in sub-rule 1 of this rule to resolve the matter before proceeding to trial, the Court may order that the parties in the matter maintain the status quo ante until the report of the outcome of the internal dispute resolution mechanism is submitted to the Court.

ORDER 39

Self disqualification by a Judge.

1.

A Judge hearing a matter may on good cause shown disqualify himself or herself from continuing with a matter.

Indication of disqualification.

2.

(1) When a Judge intends to disqualify himself or herself from a matter before the Judge, the Judge shall in writing state the reasons for seeking such self-disqualification and withdrawal from the matter to the President of the Court.

Approval of selfdisqualification and reassignment of matter
(2) On approval of the withdrawal on grounds of self-disqualification, the President of the Court shall direct the Judge where the matter is before a
single Judge, to return the file and records of proceedings, if any, and at whatever stage of the proceedings to the President of the Court.

When one or more Judges withdraw from matter.
(3) Where the matter is before a panel of Judges of the Court and one or two or all of the Judges have sought self-disqualification, the President of the Court shall replace the Judge(s) that have withdrawn from the matter or reconstitute the panel as the case may be and reassign the matter to the new panel.

File sent back to the President of Court.

3.

(1) Whenever a Judge disqualifies himself or herself from hearing a matter, the Judge shall direct that the matter be sent back to the President of the Court for reassignment.

Reassignment by President of the Court.
(2) On receipt of the case file, the President of the Court may reassign the matter to another Judge or a panel of Judges as the President of the Court may deem appropriate in the circumstances of the case.

Withdrawal and reassignment of a case.

4.

Whenever there is a just cause necessitating the withdrawal of a pending case from a Judge, the President of the Court may direct the withdrawal of the case from such a Judge and reassign same to another Judge of the Court.

When ex parte or interlocutory order to remain valid.

5.

In any case of withdrawal and reassignment of a case in line with rule 3 of this Order, any ex parte or interlocutory order made by the Judge from whom the case was withdrawn shall remain valid.

When Judge must set the case down de novo and proceed with hearing.

6. Where a case has proceeded to trial before the withdrawal and reassignment in line with the provisions of rule 3 of this Order, the Judge to whom the case is reassigned, shall set down the hearing of the matter de novo.

ORDER 40

Proof of facts.

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 may be proved by
written deposition and oral examination of witnesses in open Court.

Documents may be deemed tendered from the Bar or by unrepresented party.
(2) All agreed documents or other exhibits may be deemed admitted or tendered from the Bar or by the party where the party is not represented by a Counsel.

Tendering real evidence.
(3) Real evidence as referred to in the witness statement on oath shall be tendered during the trial.

Oral examination limited to facts pleaded and written deposition.
(4) The oral examination of a witness during trial shall be limited to facts pleaded and the sworn deposition frontloaded.
Provided that a Judge may in appropriate cases, allow a witness on subpoena to lead oral evidence in examination-in-chief without having deposed
to a written statement.

Particular facts.

2.

(1) The Court 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.

Power to give evidence of particular fact at trial.
(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 by:
(a) statement on oath of information or belief;

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

Court may limit the number of medical or expert witnesses.

3.

The Court 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.

When some documents will not be received in evidence at trial.

4.

Unless the Court for special reasons at or before trial, 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.

Revocation and variation of any Direction or Order.

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 the Court made or given at or before the trial.

Certified true copies of documents admissible in evidence as original.

6.

Certified true copies of all complaints, processes, records, pleadings, and documents filed in any Court shall be admissible in evidence in all matters to the same extent as the original would be admissible.

Procedure for requesting for order to examine a witness in a foreign country.

7.

Where an Order is made for the issuance of a request to examine a witness or witnesses in any foreign country with which a Convention in that behalf has been made, the following procedure shall be adopted :
(1) the party obtaining such Order shall file in the Registry an Undertaking in the Form 53 which form may be varied as may be necessary to meet the
circumstance of the particular case in which it is used.

Content of undertaking. Form 54 or 56.
(2) such Undertaking shall be accompanied by—
(a) a Request in Form 54 or 56, with such modifications or variations as may be directed in the Order for its issuance, together with a translation into
the Language of the Country in which it is to be executed (if not English);
(b) a copy of the Interrogatories (if any) to accompany the Requests, with a translation if necessary;

(c) a copy of the Cross Interrogatories (if any) with a translation if necessary.

Order for examination of witness abroad; Form 50.

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 50 or 55, with such modification and variation as may be necessary to meet the
circumstances of the particular case in which it is used.

Request from foreign Court or Tribunal.

9.

Where any civil or criminal matter over which the Court has jurisdiction is pending before a Court or tribunal of a foreign country, and it is made to appear to the Court by Commission rogatoire, or a letter of request, or other sufficient evidence that such Court or tribunal is desirous of obtaining the
testimony in relation to such matter of any witness or witnesses within the jurisdiction, the Court may, on the ex parte application of any person shown to be duly authorized to make the application on behalf of such foreign Court or tribunal, and on production of the Commission rogatoire, or letter of request, or such other evidence as the Court may require or consider sufficient, make such order or orders as may be necessary to give effect to the intention of the Commission rogatoire or letter of request.

Court may order attendance of person to produce document.

10.

The Court may at any stage of any proceedings order the attendance of any person for the purpose of producing any writings of or other document
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 would not be compelled to
produce at the hearing or trial.

Contempt of court arising from disobedience to Order to attend proceedings.

11.

Any person willfully 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

Payment of expenses of persons ordered to attend proceedings.

12.

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.

Contempt of Court arising from refusal to attend or to cooperate with proceedings.

13.

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

Transmission of authenticated original depositions of witnesses.

14.

Where 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.

Depositions not to be given in evidence without consent of party or leave of Court.

15.

Except where otherwise provided in this Order or where directed by the Court, 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 Court is satisfied that the deponent is dead or beyond the jurisdiction of the Court or unable for 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.

Administration of Oaths.

16.

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 made with any foreign country, may administer oaths.

Attendance of witness or person under subpoena for examination. Form 37, 38, 39.

17.

(1) A party may by subpoena ad testificandum or duces 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 witness’ evidence upon any proceeding in the cause or matter in like manner and such
witness would be bound to attend and be examined at the hearing or trial.

Party or witness deposing to affidavit bound to attend court for cross examination.
(2) 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 the Court for cross-examination.

When Court may compel a person in Court to produce document or give evidence.

18.

Any person present in Court, whether a party or not in a cause or matter, may be compelled by the Court to give evidence or produce any document in the person’s possession or power in the same manner and subject to the same rules as if the person had been summoned to attend and give evidence or produce such document and may be punished for any refusal to obey the order of the Court.

Examination, cross or reexamination of witness to apply evidence at any stage of trial.

19.

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

Control of cross-examination.
(2) In any matter for cross-examination, the Presiding Judge or Judge in the matter shall have control of the duration of the cross-examination.
Provided that no party cross-examining a witness shall be allowed more than forty (40) minutes to do so.

Taking of evidence after trial be subjected to special directions.

20.

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.

Provisions of Section 46 of the Evidence Act to apply in the use of evidence in subsequent proceeding.

21.

Subject to the provisions of Section 46 of the Evidence Act, 2011, 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.

Subpoena to be issued using Form 68, filed and delivered at the Court’s Registry.

22.

(1) Where it is intended to issue a Subpoena, a praecipe for that purpose in Form 68 containing the name of the firm and the place of business or residence of the legal practitioner intending to issue out the same, and where such Legal Practitioner is an agent only, then also the name of the Firm
and the place of business or residence of the Principal Legal Practitioner, shall in all cases be delivered and filed at the Registry.

Subpoena to be duly paid for.
(2) 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.

Subpoena Forms 37, 38, or 39.

23.

A Subpoena shall be in one of Forms 37 or 39 with such variations as circumstances may require.

Subpoena for attendance of witness in Chambers.

24.

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.

Legal Practitioner issuing Subpoena may correct errors and reseal.

25.

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 Complaint 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.

Subpoena to be served personally unless otherwise directed.

26.

A Subpoena shall be served personally unless substituted service has been ordered by the Court 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.

Subpoena to remain in force till trial of matter.

27.

A Subpoena shall remain in force from the date of issue until the trial of the action or matter in which it is issued.

Party to give “Notice to Produce” to other party. Form 35.

28.

Where a party to a suit desires any other party to the suit to produce in Court at the trial, a document or any other thing, which the first party believes to be in the possession or power of that other party, the first party shall give “Notice to Produce” in Form 35 to that other party. The Notice shall be given and served not less than five (5) days before the date slated for the trial.

“Notice to Produce” included in pleadings or in separate notice.

29.

A “Notice to Produce” may be included in the pleadings of the party seeking the production of the document or thing or be in a separate notice
delivered to the other party or counsel to the other party.

“Notice to Produce” to specify sufficient particulars.

30.

A “Notice to Produce” shall specify sufficient particulars to identify to the other party the exact document or thing required.

Payment of Fees for “Notice to Produce”

31. Fees for “Notice to Produce” shall be paid as prescribed by these Rules;
Provided that where more notices than one are included in the pleadings payment shall be made for only one notice.

ORDER 42

Court may adjourn for parties to reach agreement

1.

Where parties before the Court have indicated their desire for an amicable settlement of their disputes pursuant to Section 20 of the Act or any other law or enactment, the Court may adjourn the matter to allow the parties negotiate and reach an amicable agreement.

Filing of Terms of Settlement.

2.

Where parties in an action before the Court agree to settle amicably out of Court; they shall, at the conclusion of their negotiation, file the Terms of
Settlement in Court.

Content of Terms of Settlement.

3.

The Terms of Settlement shall contain:
(a) the names of the Parties;
(b) the Suit No. and the heading “Terms of Settlement” stating the terms and conditions of the amicable agreement;
(c) the amount of money to be paid and the mode of payment shall be stated clearly, if it is for monetary settlement.

Parties to sign Terms of Settlement.

4.

The parties or their representatives shall execute the Terms of Settlement respectively.

Signing and sealing by representative of corporate body, etc.

5.

If the person signing is signing on behalf of:
(a) a group in a representative action or;
(b) a corporate body or institution.
the person signing shall write party’s name and shall disclose the status of such a person in the body corporate or institution and affix body or institution’s official stamp or corporate seal to authenticate the agreement.

Terms of Settlement to be entered as Judgment of Court.

6.

(1) Where Terms of Settlement have been executed; the Terms of Settlement shall be filed at the Registry of the Court for adoption and to be entered as the Judgment of the Court in the matter.
(2) Upon receipt of the Terms of Settlement by the Court, the Court shall cause hearing notices to be issued and served on the parties and their
counsel.
(3) The hearing notice shall indicate the date and time fixed for the Terms of Settlement to be adopted and entered as the Judgment of the Court.

Adoption and entering of Terms of Settlement as Judgment of the Court

7.

On the date fixed by the Court, parties or their counsel shall adopt the said Terms of Settlement, and move the Court to enter the Terms of Settlement
as the Judgment of the Court.

Party may apply for adoption of Terms of Settlements at earlier date.

8.

Any of the parties may by motion on notice, supported by an affidavit deposing to the facts that the parties have settled amicably, attach the Terms of Settlement, and move the Court to adopt the Terms of Settlement at a date earlier than the date fixed by the Court for the adoption of the Terms of
Settlements as its Judgment.

Terms of Settlement are binding.

9.

Upon adoption of the Terms of Settlement, by the parties and their counsel, the Court shall enter the Terms of Settlement as the Judgment of the
Court which shall be binding on the parties.

Modification of Terms of Settlement.

10.

Notwithstanding anything contained in Rule 8 of this Order, before the adoption of the Terms of Settlement, parties or their counsel thereto may by consent, alter or modify any part of the Terms of Settlement and thereafter pray the Court to enter and adopt the amended, altered or modified Terms of Agreement, as the Judgment of the Court.

Application of party to be served on other party.

11. Every application under rule 10 of this Order shall be filed and an advance copy shall be forwarded to the other party not less than five (5) days before the date fixed for hearing.

ORDER 43

Presumption of genuineness of document.

1.

The Court shall presume the genuineness of every document purporting to be:
(a) the Official Gazette of the Federal Government of Nigeria or of a State;
(b) the Official Gazette of any other Country;
(c) a newspaper or journal;
(d) a copy of the journal containing the resolutions or Hansard (that is verbatim report) of the National Assembly or House of Assembly of a State, printed by the Government Printer.

Party to request in writing to make discovery of documents.

2.

Where a party files a matter and serves the process on the other party, but discovers that the party needs to make discovery or inspection or disclosure of document(s) or a recording on an electronic device such as computer hard disk, external hard drive, flash drive or compact disc referred to as CD, tape, memory card, electronic camera and phone, etc, ( all of which are in this Order referred to as an “electronic device”) which are in possession, custody, power or control of the other party, the first party may apply to the other party to make available and/or produce the Certified True Copy of the document(s) or electronic copies to the party for inspection or use at the trial.

When party may apply for order to produce document.

3.

Where the party in possession, custody, power or control of the document or a recording on an electronic device referred to in rule 1 of this Order refuses or makes it impossible for the party seeking for discovery or production or inspection or otherwise to achieve those aims, the party seeking may apply by motion on notice for an Order of the Court compelling the other party to produce the document or the recording on an electronic device, etc, in the other party’s possession, custody, power or control.

Party requesting to forward advance copy on other party.

4.

The party seeking discovery of documents or a recording on an electronic device shall forward an advance copy of his or her application for an Order of the Court to the adverse party.

Prescribed time to answer request.

5.

The party on whom such request is served shall answer on oath completely and truthfully within seven (7) days of the request or within such other time as the Judge may allow.

Copies of documents to accompany Affidavit.

6.

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

Affidavit to detail documents objected to and grounds. Form 1A.

7.

The affidavit to be made by any person in answer to a request for discovery of document or a recording on an electronic device shall specify which, if any, of the listed document or electronic records the person objects to producing, stating the grounds of the objection, and it shall be in Form 1A with such modifications or variation as circumstances may require.

Court to decide on genuineness of request.

8.

On the hearing of the application, the Court or Judge may either refuse the application or adjourn the hearing, if satisfied that the discovery is not necessary or make such order, either generally or limited to certain classes of documents, as may be thought fit, in the discretion of the Court.

Court to decide for fairness to save cost.

9.

Discovery shall not be ordered when and in so far as the Court is of the opinion that it is not necessary either for disposing fairly of the action or for saving costs.

Other party may file counter-affidavit.

10.

Upon service and receipt of the Motion on Notice of the seeking party, the other party in possession, custody, power or control of the document or a recording on an electronic device may within seven (7) days, file a counteraffidavit with a written statement stating why the Order should not be made.

Court may make order upon hearing of motion and counter-affidavit.

11.

Upon receipt of the application of the party seeking discovery and the counter-affidavit of the adverse party, the Court shall fix the date for the hearing of the motion and the counter affidavit, and after listening to the arguments of both parties, make such an Order as the justice of the case may require.

Failure, refusal or neglect to produce document.

12.

Where the party in possession, custody, power and/or of the document or a recording on an electronic device refuses, fails or neglects to comply with
the order of the Court, the Court may presume that if produced or made available by the party, the document or the recording on an electronic device
will be unfavourable to the party’s case.

Requesting party to use document in requesting party’s possession.

13.

Further to provisions of Rules 1 and 2 of this Order, where the party on whom a request for discovery, inspection or production was made refuses or fails to comply with the request, the Court may allow the party making the request to use the copies of the document or a recording on an electronic device,
in the requesting party’s possession at the trial and the party refusing or failing to make such document(s) available shall not have the right to object to the admissibility of any available copy tendered and used by the seeking party.

Time limit to request for discovery. Form 39

14. Every request for discovery or inspection shall be made within seven (7) days of the parties joining issues (Form 39).

ORDER 44

Judge may ask witness question or order production of document.

1.

During trial, the Court may ask any question of witness or order the witness to produce any document in the witness’ possession in order to clear up any ambiguities which may have been left obscured in evidence given by such a witness.

Counsel not object to Judge’s question.

2.

Where the Court asks a question of or orders a witness to produce any document in compliance with rule 1 of this Order, no objection to such question or order either from the party or counsel to the party shall be allowed and the witness shall not be cross-examined upon any answer in reply to such
question from the Judge without the leave of Court.
Provided that the question to be asked by the Court shall be based on facts that are relevant to the fair determination of the matter before the Court.

When person summoned is not a witness.

3. Where a person simplicita is summoned to produce a document, the person does not for that purpose become a witness and so cannot by the mere
fact that of producing the document become a witness or be cross-examined until such a person is actually called as a witness.

ORDER 45

Application of Order.

1.

This Order shall apply to all applications and Final Addresses.

Content and format of Written Address.

2.

(1) A Written Address shall be type-written with 14 font size of legible and readable font type or character (not cursive or italicized) with double spacing format and printed with black ink on white opaque A4 size paper of good quality.
(2) A Written Address shall not be more than thirty-five (35) pages, set out in paragraphs and numbered serially. It shall contain:
(a) the claim on which the address is based;
(b) a brief summary statement of the facts with reference to the exhibit tendered at the trial;
(c) the issues arising from the evidence;
(d) a succinct statement of argument on each issue incorporating the authorities referred to together with full citation of the authorities;
(e) a list of statutes or laws to be relied upon;
(f ) relevant facts and facts relevant to the facts in issue;
(g) not contain extraneous matters.
Provided that where a Written Address contains extraneous matters, the Court may discountenance the portion of the final address containing the
extraneous matters.

Summary and Conclusion of Written Addresses.

3.

(1) 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 Written Address. Where any unreported judgment is relied upon, the Certified True Copy shall be submitted along with the Written Address.

When application or address is incompetent.
(2) Failure to comply with rules 2 and 3(1) of this Order may render the written Address incompetent.

Sufficient copies of written addresses to be filed.

4.

Each party shall file a sufficient number of copies of the Written Address for the Court’s record and for service on parties in the case.

Addition and use of new judicial authorities.

5.

Where a counsel after adoption of counsel’s Written Address discovers new judicial authorities applicable to the issues canvassed, the counsel shall send the new judicial authorities to the Court and the opposing counsel. The opposing counsel shall have right of re-action.

Oral argument and adumbration.

6.

Each party shall have twenty (20) minutes for Oral argument to adumbrate on the content of the Written Address filed before the Court.
Provided that no party shall be allowed to introduce new issues during oral argument.

When Court can adopt Written Address and adjourn for judgment.

7.

Where any party before the Court has filed a Written Address and on the day fixed for adoption of the Written Address the party fails or neglects to
appear to adopt the Written Address without any cogent and compelling reason to the satisfaction of the Court, the Court shall deem the said Written Address as adopted and adjourn for ruling or judgment accordingly.

Regularisation of position of new counsel.

8.

Where there is a change of counsel, the new counsel may be granted only one adjournment to regularize counsel’s position.

Application for extension of time to file Final Written Address.

9.

Where a Defendant or Claimant due to cogent and compelling reason(s) is not be able to file his or her Final Written Address within the twenty-one (21) days or the time limit ordered by the Court, he or she may by an application request for an extension of time within which to file the Final Written Address.

Application to give cogent and compelling reasons for failure to file within time.

10.

The application for extension of time by the Defendant or Claimant which shall be supported by an Affidavit stating the cogent and compelling reason(s) for the inability to file the Final Address within the (21) twenty–one days or such time ordered by the Court, shall be made at least seven (7)
working days before the expiration of the 21 days or time limit ordered by the Court.

When Defendant fails to apply for extension of time.

11.

Where the Defendant fails to file his or her Final Address and did not apply for extension of time as provided in rule 9 of this Order, the Claimant may proceed to file his or her Final Written Address within twenty-one (21) days or such time limit ordered by the Court.

When Court may foreclose Defendant from filing Final Written Address.

12.

The Court may, on the failure or refusal of the Defendant to file his or her Final Written Address where the Claimant has filed his or her file Final Written Address within the twenty-one (21) days or time limit ordered by the Court, may foreclose the Defendant from filing his or her Final Written Address
except he or she gives cogent and compelling reason for his or her inability to do so within time limit by the Court or by these Rules.

When Court may move parties to address on points of law.

13. Where the Defendant fails or refuses to ask for extension of time to file his or her final Written Address within the time limit ordered by the Court and the Claimant has filed his or her Final Written Address and the Claimant may move the Court for parties to address it on points of law.

ORDER 46

When Court can non-suit a matter

1.

Where satisfactory evidence entitling the Claimant or Defendant to Judgment of the Court is not given, the Court may suo-motu or on application
non-suit the Claimant or the Defendant or the counterclaimant as the case may be.
Provided that the counsel to the parties shall have the right and be given the opportunity to make submissions about the propriety or otherwise of making such an Order before it is made.
Provided further that an order of non-suit shall not be made where the claim or counter-claim as the case may be, partly succeeds.

Hearing and determination of counter claim to non-suit.

2. Notwithstanding the provisions of Rule 1 of this Order, where the defendant counterclaims, such a counter-claim shall be heard and be determined in accordance with the Rules of the Court as a separate suit.

ORDER 47

Judgment to be delivered in open Court duly entered.

1.

The Court shall, after trial, deliver judgment in open court and shall direct the judgment to be entered accordingly.
Provided that where the Court reserves judgment or ruling at the hearing and announces a date for delivery of the judgment or ruling, parties to the suit and their counsel are required to take note of the date for attendance for judgment; and the Court will not be obliged to, but may also direct that the parties or their counsel be served with notice to attend the Court on the day of judgment.
Provided further that the absence of parties or their counsel from the Court on the day judgment is to be delivered shall not prevent the Court from delivery of its judgment as earlier fixed.

Collection and delivery of signed Judgment or Ruling.

2.

Any Judgment or Ruling to be delivered by a Judge of the Court shall be signed by the Judge and copies made available to the parties for collection
within seven (7) days of the delivery.

When a Judge is unable to deliver judgment due to illhealth or other reason.

3.

(1) Where a Judge is to deliver a judgment or ruling and has typed and signed the judgment but he is unable to deliver same on the grounds of illhealth or for any unforeseen contingencies, the Judge or the parties as the case may be, may request another Judge of the Court in that Division to sit and deliver the typed and signed judgment on his behalf.
Provided that where the Judge is the only Judge in the Division, he may request the President of the Court to assign another Judge from another Division of the Court to deliver the judgment or ruling on his behalf.

When Judge is unable to deliver judgment due to transfer.

(2) Where a Judge has written and signed his judgment but was unable to deliver the judgment because of transfer, the President of the Court may
assign any other Judge to proceed to the Division to deliver the signed Judgment.

When the Judge is unable to deliver signed judgment due to death
(3) Where a Judge is to deliver a judgment or ruling and has type-written and signed the judgment or ruling but died before the date of delivery of the said judgment or ruling, the President of the Court may assign another Judge of the Division or a Judge from another Division of the Court to deliver the judgment on behalf of the deceased Judge.

When the Judge is unable to deliver unsigned but typed judgment.
(4) Where a Judge has type-written his judgment or ruling, but has not signed the judgment or ruling but died before the date fixed for the delivery of the judgment or ruling, the President of the Court may assign another Judge to hear and determine the matter de novo.

Enrollment of Order and sealing of Judgment or Ruling.

4.

(1) When a Judge delivers a Judgment, Order or Ruling, the Registrar of the Court shall prepare the Enrollment of Order and affix the seal of the Court thereon within five (5) working days of the date of delivery of the Judgment, Order or Ruling.

Registrar to present Judgment for signature.
(2) The Registrar, where applicable shall present the said Judgment, Order or Ruling to the Judge and the authorized officer of the Court for signatures within 48 hours of receipt of the Judgment, Order or Ruling.

Judgment to take effect from date of delivery unless Court otherwise orders.

5.

Where any judgment or ruling is delivered by the Court, it shall be dated as of the day on which such judgment or ruling is delivered and shall take effect from that date unless the Court otherwise orders.

Judgment made pursuant to an Application.

6.

When any judgment is directed to be entered by an order made on application for judgment, the judgment shall, unless the Court otherwise orders be dated as of the day on which the order is made and shall take effect from that date:
Provided that the order may direct that the judgment shall not be entered until a given date, in which case it shall take effect from that given date.

Court may direct time for performance and may order payment with interest.

7.

The Court may at the time of delivering the judgment or making the order give direction as to the period within which payment is to be made or other act is to be performed and may order interest at a rate not less than 10% per annum to be paid upon any judgment.

Memorandum to be indorsed thereon by the Registrar.

8.

Every judgment or order made in any cause or matter requiring any person to perform any act or do anything shall state the time within which the act is to be done. There shall be endorsed on the judgment or order a memorandum by the Registrar in the following words :
“If you, …………………..(the within-named A.B), neglect to obey this judgment (or order) by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment (or order)” and same shall be served upon the person required to obey the judgment or order.

Terms of Settlement to be signed by both parties and Counsel

9.

In any cause or matter in which the parties are represented by Legal Practitioners, no order for entering judgment shall be made by consent unless the terms of settlement are signed by both parties and their counsel.
Provided that where the counsel refuses or fails to sign the terms of settlement, the parties may sign the agreement and that may be accepted by the Court.

Party to give consent to Judgment in open Court.

10.

Where a party has no counsel, such order shall not be made unless the party gives consent in person in open court.

Consent to judgment by Memorandum

11.

(1) A party may consent to an order for entering of judgment by filing a written memorandum to the Court stating—
(a) that the party so consents ; and
(b) whether the party‘s consent is for the full claim or part thereof;
(2) If the consent is for part or less than the full claim—
(a) the party may continue the defence as to the balance of claim; and
(b) notwithstanding, a judgment upon such consent the action may proceed as to such balance and it shall in that event be in all subsequent respect an
action for such balance.

When orders need not be drawn.

12.

Where an order has been made not embodying any special terms nor including any special directions, but simply enlarging the time for taking any proceeding or doing any act or giving leave for:
(a) the issuance of any court process other than a writ of attachment;
(b) the amendment of any court process;
(c) the filing of any process or document; or

(d) any act to be done by any officer of the Court, including a legal practitioner it shall not be necessary to draw up such order unless the Court otherwise directs.
(2)The production of a note or memorandum of such order signed by the President of the Court or the Presiding Judge shall be sufficient authority for
the enlargement of time, amendment, filing or any other act.

Order to be sealed and signed by the President of the Court or Presiding Judge etc.

13.

An order shall be sealed and signed by the President of the Court or the Administrative Judge, or where the Court is constituted by a single Judge, by the Judge by whom it is made.

When motion cannot stop delivery of judgment.

14.

Where a matter is fixed for judgment or ruling, no motion shall be allowed to prevent the Judge from delivering the Judgment, Order or Ruling.

Incompetent motion cannot stop delivery of judgment.

15.

(1) Any motion filed in contravention of rule 14 of this Order may be incompetent and may not be allowed to be used to delay or prevent the delivery of the Judgment, Order or Ruling of the Court.

When motion can stop delivery of judgment or ruling.
(2) A motion or an application which has been filed and an advance copy of same has been served on the respondent(s) within fourteen (14) days before the date fixed for the delivery of the Judgment and seven (7) days before the date fixed for the delivery of the Ruling may be allowed and heard.

Application and deadline for vacation of order of injunction.

16.

A party to a matter may apply to the Court to vacate its order of injunction within fourteen (14) days of the date the Order was made.

When a party may still apply for vacation of order of injunction.

17.

Where a party or counsel to the party fails to apply for the vacation of the order of injunction within the stipulated fourteen (14) days and the order has been enlarged beyond the first fourteen (14) days, the party or the counsel may still apply for the vacation of the order within another seven (7) days after the expiration of the first fourteen (14) days, subject to the leave of the Court properly sought and obtained.
Provided that where the party or counsel applies for the vacation out of time, such party shall pay a penalty of N1000.00 for each day of default after the expiration of the fourteen (14) days.

Registry to keep file of concluded matter.

18.

When a Judge delivers judgment in a case and signs same, the case file shall be sent back to the Registry of that Division.

Post-judgment proceeding to be given new Suit Number.

19.

Any proceeding initiated as a Post Judgment proceeding or any application brought or filed as a Post Judgment proceeding shall be given a new Suit Number.

Application for post judgment proceeding to refer to previous judgment.

20.

Any party or counsel who files any post-judgment proceeding shall make reference to the previous Judgment from which the post-judgment proceeding arose e.g. In Re : Suit No ………A. vs. B.

Assignment of post judgment proceeding to same Judge.

21.

Any application filed as post-judgment proceeding shall unless otherwise directed by the President of the Court be heard and determined by the Judge who heard the substantive suit.

Court may rescind, vary etc Order or Judgment.

22.

(1) The Court may suo motu or on application of any party affected correct, rescind, or vary its order or ruling—
(a) erroneously sought or erroneously granted in the absence of any party affected by it;
(b) in which there is an ambiguity or patent error or omission, but only to the extent of such ambiguity, error, or omission;
(c) granted as a result of a mistake common to the parties.
(2) The Court may also suo motu or on application of any party affected rescind any order or judgment or ruling granted or made in the absence of that
party Court may rescind judgment made in error.

Application for interpretation of judgment.

23.

In a matter before the Court in which the Court has delivered its judgment, any of the parties in the suit may by an application with a Written Address to the Court apply for an interpretation of the judgment.
Provided that such an application shall not be for the purpose of requesting the Court to rewrite its judgment or reverse itself.
Provided further that the application with a Written Address shall only be for the purpose of clearing any ambiguity or uncertainty, or for ascertaining the
true meaning of or the intent of any word used in the judgment.

Time limit for application for interpretation of judgment.

24.

An application for interpretation of a judgment of the Court shall be by motion on notice and shall be filed not later than thirty (30) days after the
delivery of the judgment or ruling.

Objection to application for interpretation of judgment.

25.

Where a party or counsel in a matter in which the Court has delivered its judgment has been served the notice of application for interpretation of the
judgment of the Court, that respondent shall file the response or the counteraffidavit or its Written Address within fourteen (14) days of receipt of the
notice of the application for interpretation of the judgment.

Application to vacate, alter, amend interim order.

26.

(1) In any matter in which by an interim order the Court is restraining any of the parties from doing or compelling the doing of any particular thing within or before a stated time or period, any of the parties in the matter may by an application and or motion on notice ask the Court to either vacate, alter or amend the said interim order.

Objection to application to vacate, alter, amend, interim order.
(2) The other party or counsel in the matter affected by the interim order may on receipt of the motion on notice on the application for vacation or
alteration or amendment of the interim order may by a counter affidavit respond his objection or otherwise react to the application for either vacation, alteration, or amendment of the interim order.

Where there is no objection to application to vacate, etc interim order.
(3) Where the respondent is not objecting to the application as provided in sub-rule (2) of this rule, and if upon good cause shown to the satisfaction of the Court that between the last date and the next date of hearing that there may be any development that may warrant or necessitate the vacation, alteration or amendment of the said interim order of the Court, the Court may grant the application.

Application to adjust date of adjournment.

27.

(1) Where a case pending before the Court is adjourned to a specified date by the Court, any of the parties in the matter may by an application to the Court request to alter the specified date of adjournment either by bringing it forward or by abridging the next date of adjournment.

When Court may grant application for adjustment of date.
(2) If the Court is satisfied that sufficient and satisfactory reason has been adduced, the Court may grant the application for adjustment of the date only.
Provided that such application shall be filed not later than seven (7) working days before the date specified as the next hearing date.

Registration of Judgment of foreign Court.

28.

When a Judgment, Ruling or Order of a court of foreign jurisdiction is to be enforced in Nigeria by the Court, the party seeking the enforcement of the judgment, ruling or order shall register the Certified True Copy (CTC) of the Judgment, Ruling or Order having the seal of the Court of foreign jurisdiction, signature of the Judge who delivered the Judgment or made the Order and the date the Judgment was delivered or the Order was made with the Registry—

Application for leave to enforce judgment, etc.

29.

(1) When the party has duly registered the CTC of the judgment, ruling or order of a court of foreign jurisdiction, the party or the party’s counsel may apply for the leave of Court to enforce the judgment, ruling or order.

Application by motion ex parte
(2) The application for leave shall be made ex parte to the Court and shall be accompanied by:
(a) a statement setting out the name and description of the applicant;
(b) the Judgment, Ruling or Order to be enforced with details and particulars;
(c) an affidavit in support;

No application without leave of Court.
(3) No application for enforcement of the Judgment, Ruling or order shall be made unless the leave of Court has been obtained in accordance with this Rule.

Application for enforcement to be by motion on notice.

30.

(1) Upon the granting of leave by the Court, the party seeking the enforcement of the Judgment, Ruling or Order shall apply to the Court by motion on notice and shall file along with the application—
(a) a Certified True Copy (CTC) of the judgment the party is seeking to enforce having the seal of the Court of the foreign jurisdiction, signature of the Judge who delivered the judgment and the date on which the Judgment was delivered;
(b) an affidavit in support of the application for enforcement, setting out the facts upon which the application is made; and
(c) a Written Address in support of the application containing a statement of facts and authorities.

Party seeking enforcement to serve other party advance copy of application.
(2) The party seeking the enforcement of the judgment shall serve the other party with an advance copy of all the processes within seven (7) days of
filing the application.

Response of other party to foreign judgment.

31.

The other party in the matter for enforcement of a Ruling or Judgment shall respond by filing a counter-affidavit with the other party’s Written Address in argument of the issues not later than seven (7) days after the receipt of the advance copy of the application. Provided that nothing in this rule shall be construed as giving any of the parties the opportunity of rehearing the matter in this Court or of asking for an Order to vary the Judgment or an Order made by the foreign Court or Judge who delivered the Judgment or made the Order.

ORDER 48

Review of decision or proceeding of Arbitral Body.

1.

A party desiring to review a decision or proceedings of an Arbitral Tribunal, or of the Registrar of Trade Unions, or of any Commission or Board of Inquiry or Administrative Body or Panel or any Authority or Committee or Board or any other institution vested with power to deal with any matter arising from a subject matter within the jurisdiction of the Court in this Order referred to as the “Arbitral Body” shall commence the review process by Originating process, which originating process must be served by a motion on notice on that body.

Originating summons of Arbitral Body

2.

(1) The Originating process shall pray for an order that—
(a) the Arbitral Body, show cause why the decision or proceedings should not be reviewed or corrected or set aside.
(b) the Arbitral Body, shall within 14 days after the receipt of the originating summons dispatch to the Registrar, such record and /or decisions sought to be corrected or set aside, together with such reasons as are required by law or desirable to provide, and to notify the applicant that this has been done.

Compliance with directions of Originating summons.
(2) The person or body upon whom an originating process in terms of rule 2 is served shall timeously comply with the direction in the originating
summons.

Failure to comply with summons.
(3) If the person or body fails to comply with the direction or fails to apply for an extension of time to do so, any interested party may apply, on notice to the Court, for an order compelling compliance with the direction.

CTC or records of decisions.
(4) The person or body shall make available to the applicant the Certified True Copies (CTC) of the records of the matter regarding which decision or
award is being reviewed on such terms as the person or body thinks appropriate to ensure safe keeping of the records by the applicant. The applicant shall make copies of such portions or whole of the records as may be necessary for the purposes of the review and certify each copy as true and correct.

Parties to have copies of CTC.
(5) The applicant shall furnish the person or body and each of the other parties with a copy of the record or portion of the record, as the case may be, and a copy of the reasons filed by the person or body.

Cost of CTC.

(6) The cost of the production and certification of records, copying and delivery of the records to the Court and reasons, if any shall be paid by the
applicant and then becomes costs in the cause.

Affidavit of answer to claims.
(7) A person wishing to oppose the granting of the order prayed in the originating process shall, within seven (7) working days after the receipt of the
originating process file an affidavit in answer to the claims made by the applicant.

Counter affidavit to answer.
(8) The applicant may file a counter-affidavit in reply within five (5) working days after receiving the affidavit of the respondent.

Cases fitting for Judicial review.

3.

(1) An application for—
(a) an order of mandamus, prohibition or certiorari or declaration ; or
(b) an injunction restraining a person from acting in an office in which such a 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.

Application for declarative injunction or judicial review.
(2) An application for a declaration or an injunction (not being an injunction under sub-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 claimed, if it deems it just and convenient to grant it by way of a 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.

Claims for relief related or connected with the same matter.

4.

In an application for judicial review, any relief mentioned in rule 3 of this Order 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.

Leave of Court not required to apply for judicial review.

5.

(1) An application for judicial review shall be brought within three (3) months of the date of occurrence of the subject of the application and no
leave of the Court shall be required for that purpose.

Application by originating process.
(2) The application shall be made by originating process.

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

Interval of time between service and hearing of originating process.
(4) Unless the Court otherwise directs there shall be at least seven (7) working days between service of the originating process and the day named
therein for the hearing.

Affidavit of service of originating summons
(5) An affidavit giving the names and addresses of and the place and dates of the service on all persons who have been served with the originating
process shall be filed before the process is entered for hearing and where any person who ought to be served under this rule has not been served, the affidavit shall state the fact and the reason for none service. The affidavit shall be before the Court on the hearing of the process.

Service of person ought to be served
(6) Where on hearing of the originating process the Court is of the opinion that any person who ought to have been served has not been served, the
Court may adjourn the hearing on such terms, if any, as it may direct in order that the process may be served on that person.

Interlocutory application during proceeding for Judicial review.

6.

An interlocutory application in proceedings on any matter for judicial review may be made to the Court.

Hearing of application for judicial review.

7.

(1) On hearing of any originating process under rule 3 of this Order, any person who desires to be heard on the process, and appears to the Court to be a proper person to be heard, shall be heard notwithstanding the fact that the person has not been served.

When relief includes certiorari.
(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, committal, conviction, inquisition, or record unless the applicant has filed before the hearing of the process, a copy thereof verified by affidavit or accounts for the failure to do so to the satisfaction of the Court.

When order of certiorari is made.
(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 be quashed forthwith on their removal into Court.

Court to remit matter when order of certiorari applies.

(4) Where the relief sought is an order of certiorari and the Court is satisfied that there are grounds for quashing the decision to which the application relates, the Court 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 Court.

When Court may order continuation of proceedings.
(5) Where the relief sought is a declaration, an injunction or damages and the Court considers that it should not be granted on an application for
judicial review, the Court, may, instead of refusing the application, order the proceedings to continue as if it had been commenced otherwise than by
application for judicial review.

Action to be brought for anything done in obedience to order of mandamus.

8.

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

Consolidation of application on the same subject matter.

9.

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

Power of Court to make to be exercised against the authority of Federal, State or Local Government.

10. The power conferred on the Court by the Rules in this Order, to make an order of mandamus, prohibition or certiorari shall be exercised notwithstanding that the order is made against any Officer or Authority of the Federal, State or Local Government including but not limited to any Minister, Commissioner or public servant, or an agent of the Government or any other person at law who can sue or be sued.

ORDER 49

Court to issue Writ of Execution or Writ of Possession.

1.

(1) The power of the Court to enforce its judgments and orders shall be exercised by issuance of a Writ of Execution or by Writ of Possession in a case in which the Court has given judgment or order for possession of landed property.
(2) The Court shall, after trial, deliver its judgment in open court and shall direct the judgment to be entered.
Provided that where the Court reserves its judgment at the hearing, parties to the suit and their Counsel shall take notice of the date for attendance; but the Court may also direct that they be served with notice to attend the Court on the day of delivery of judgment.

Writ of execution to be issued after expiration of deadline.

2.

(1) A writ of execution or Writ of Possession of the Judgment of the Court shall not be issued by the Court unless the date fixed for the Judgment to be obeyed or complied with has elapsed.
(2) Where no date is fixed by the Court, an Order of execution of the Judgment shall only be made after twenty-one (21) working days of delivery of the Judgment seeking to be enforced.

Enforcement by writ of execution with leave of Court.

3.

A party wishing to enforce the judgment or order of the Court made in the party’s favour shall first obtain leave to issue a writ of execution or Writ of
Possession.

Enforcement by Officer of Court.

4.

(1) A writ of Execution or Writ of Possession of the Judgment of the Court may be enforced by the Deputy Sheriff or any other Officer of the Court so ordered or empowered to enforce same by the President of the Court or by the rules of the Court.

Officer may be accompanied by law enforcement agent.
(2) The Deputy Sheriff or any other officer so ordered or directed may be accompanied by a law enforcement agent in the discharge of the assignment.

Time of enforcement of Writ.

5.

The enforcement of the writ of execution or Writ of Possession of the Judgment of the Court shall be carried out between the hours of 6.00 a.m and 6.00 p.m. of a working day.

Application for leave to issue Writ of Execution to be made ex parte.

6.

(1) An application for leave to issue a Writ of Execution OR Writ of Possession or proceed to execute or otherwise enforce a judgment or order of
the Court may be made by motion ex-parte unless the Court directs it to be made by summons.

Content of affidavit in support of application for leave to execute.
(2) Such an application shall be supported by an affidavit:
(a) Identifying the order or judgment to which the application relates and, if the judgment or order is for payment of money or, stating the amount
originally due thereunder and the amount due on the date of the application.
In the case of possession of a landed property, the address or location of the landed property and other documents relating to the landed property
under judgment or order of the Court.
(b) Stating that a demand to satisfy or comply with the judgment or order has been made on the person liable to satisfy it and that the person has failed or refused to do so.
(c) Giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to execution on the judgment or order in question and that the person against whom it is sought to issue is liable to execution on it, and
(d) a Written Address.

Court may determine application on basis of rights
(3) The Court on hearing the application may grant leave in accordance with the application or may order that any issue or question, a decision on
which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.

Processing of a Writ of Execution.

7.

(1) The issuance of a writ of execution takes place on its being sealed by an officer of the Court so authorized to seal court processes.

Praecipe for writ to be filed. Form 68.
(2) A praecipe for the issuance of a writ of execution shall be filed before the writ is issued.

Counsel or party to sign praecipe.
(3) The praecipe shall be signed by the counsel to the person entitled to the execution or if that person is acting in person, by that person.

When to seal a Writ of execution.
(4) No such writ of execution shall be sealed unless at the time of the tender thereof for sealing:
(a) the person tendering the writ of execution produces—
(i) the judgment or order on which the writ is to be issued; and
(ii) the leave of Court for issuance of the writ or evidence of granting of leave.
(b) the officer authorized to seal is satisfied that the period, if any, specified in the judgment or order for payment of any money or the doing of any other act thereunder has expired.

Dating of a Writ of Execution.
(5) Every writ of execution shall bear the date of the day on which it is issued.

Validity of a Writ of Execution.

8.

(1) For the purpose of execution, a writ of execution is valid in the first instance for six (6) months beginning from the date of issue.

Extension of validity of a Writ of Execution.
(2) Where the writ was not wholly executed, the Court may by order extend the validity of the writ from time to time for a period of twelve (12) months at any time beginning with the date on which the order is made, if an application for extension is made to the Court before the next day following that on which the writ would otherwise expire or such later day, if any, as the Court may allow.

Sealing of a Writ of Execution.

(3) Before a writ, the validity of which has been extended under this rule is executed, either the writ shall be sealed with the seal of the office out of
which it was issued showing the date on which the order extending its validity was made or the applicant for the order shall serve a notice sealed as aforesaid, on the Sheriff to whom the writ is directed informing the Sheriff of the making of the order and the date thereof.

When seal is evidence of validity of Writ of Execution.
(4) The production of a writ of execution, or of the notice as mentioned in sub-rule (3) of this rule purporting in either case to be sealed as mentioned in that sub-rule, shall be evidence that the validity of that writ, or, as the case may be, of the writ referred to in that notice, has been extended under this rule.

Cost of Execution

9.

The cost of execution shall be borne by the party applying for the writ.

When movable property is subject of Fi.Fa.

10.

In the execution of the judgment of the Court as provided in this Order, where a movable property is subject of a FiFa and brought to the precincts of the Court and a judgment debtor files a stay of execution pending appeal, the Court after hearing the parties, may order that—
(a) the motion be refused;
(b) the motion is allowed on the condition that the judgment debt be paid into an interest yielding account (escrow) with the account name “The Chief Registrar of the National Industrial Court of Nigeria” and such monies shall be released to whoever succeeds in the appeal.

Payment of money by installment with or without interest.

11.

(1) Where a Judgment or Order directs the payment of money, the Court may, for any sufficient reason, order that the amount shall be paid by
installments, with or without interest.

Order to be made at time of judgment or afterwards.
(2) The Order may be made at the time of giving judgment, or at any time afterwards and may be rescinded upon sufficient cause at any time.

Enforcement of payment of judgment sums.

12.

Where there is an application by the Judgment creditor before the Court to enforce payment of all judgment sums due to the judgment creditor from a defaulting judgment debtor, the Court may where it deems it fit and expedient further direct as follows—

When judgment debtor is a paid employee.
(1) Where the defaulting judgment debtor is a paid employee or salary earner, the judgment debtor shall file a necessary counter-affidavit stating
reasons for the inability to abide by the orders of the Court for payment of the judgment sum, accompanied by relevant documents including the judgment debtor’s current pay-slip which shall be exhibited as justification for the default or otherwise.

When judgment debtor is selfemployed.

(2) Where the judgment debtor is a self-employed person, the judgment debtor shall file a necessary counter-affidavit stating sufficiently to the
satisfaction of the Court, the reasons for the inability to obey the orders of the Court accompanied by the statement of account or any other document as proof of the judgment debtor source of income.

Application for instalment payment of judgment debt.

13.

The judgment debtor may on application to the Court request for payment in installment of the judgment debt.

Affidavit in support of instalment payment judgment debt.

14.

The judgment debtor shall file along with his or her or its application for instalment payment of the judgment debt an affidavit —
(i) deposing to the judgment debtor’s reasons for his or her or its inability to pay the judgment debt as ordered by the Court;
(ii) stating how the judgment debtor intends to liquidate the judgment debt;
(iii) stating the number of installments and the amount to be paid per installment.

Judgment creditor counter-affidavit.

15.

The judgment creditor/respondent upon service of the motion on notice may file a counter-affidavit within seven (7) working days of the receipt of the judgment debtor’s application for instalment payment.

When Court may grant application.

16.

The Court on hearing the parties may grant the application, if the judgment debtor satisfies the Court by exhibiting such willingness and readiness by the payment of the first installment at the hearing of the application.

When judgment debtor defaults.

17.

Where a judgment debtor defaults in payment of any instalment, the Court may order that the judgment should be executed and whatever proceeds are realized from the execution shall be used to liquidate the balance due to the judgment creditor.

When proceeds exceeds debt.

18.

Where the proceeds realized from the execution of the judgment exceeds the balance due to the judgment creditor, the excess remaining after
liquidating the balance due to the judgment creditor shall be refunded to the judgment debtor.

When proceeds are insufficient

19.

Where the proceeds realized from the execution of the judgment are insufficient to liquidate the balance due to the judgment creditor, the judgment
creditor may apply to the Court for further execution of the judgment and the Court on hearing the parties may grant or refuse to grant the application for further execution of the judgment and may make necessary order in relation to the execution of the judgment.

When judgment creditor may file for garnishee.

20.

Where the Court has delivered a monetary judgment in favour of any of the parties in the case before it, the winning party may apply to the Court for the enforcement of the judgment by filing a garnishee proceeding amongst other procedure as may be allowed under National Industrial Court Act, 2006 or any other Act or Rules of this Court.

Where the judgment debtor succeeds on appeal.

21.

(1) Where the Court makes an Order that judgment debt be paid into an interest yielding account in line with the provisions of Order 36 rule 6 of these Rules, and on appeal by the judgment debtor to the appellate Court, the judgment debtor succeeds, he shall ask for the release of the deposited sum by filing a motion of notice accompanied by—
(i) an affidavit;
(ii) Certified True Copy of the order or judgment of the appellate Court; and
(iii) a Written Address.

When Court may direct release of money to judgment debtor.
(2) Upon receipt of the application and being satisfied with the order or judgment of the appellate Court, the Court may direct the Chief Registrar to
release the deposited sum to the judgment debtor.

Chief Registrar to release money to judgment debtor.
(3) On receipt of the Order of the Court, the Chief Registrar shall release the deposited sum to the judgment debtor accordingly.

When judgment debtor’s appeal fails, etc.

22.

(1) Where the Court makes an Order that judgment debt be paid into an interest yielding account in line with the provisions of Order 36 rule 6 of these Rules, and on appeal by a judgment debtor to the appellate Court, the judgment debtor fails or his case is dismissed or struck out, the judgment creditor shall apply for the release of the judgment debt which was paid as directed by the order or judgment of the Court by filing a motion of notice accompanied by,
(i) an affidavit;
(ii) Certified True Copy of the order or judgment of the appellate Court; and
(iii) a Written Address.

When Court may direct release of judgment debt to judgment creditor.
(2) Upon receipt of the application and being satisfied with the order or judgment of the appellate Court, the Court may direct the Chief Registrar that the said judgment debt be paid to the judgment creditor.

Chief Registrar to release money to judgment creditor.

(3) On receipt of the Order of the Court, the Chief Registrar shall release the deposited sum to the judgment creditor.

Motion on notice to be served on parties.

23.

The motion on notice shall be served on the judgment debtor in line relevant provisions of the rules of this Court.

When attached property may be released.

24.

(1) Where upon full liquidation of a judgment debt and there is no pending appeal or motion before the Court, any property attached as security for the judgment debt shall be released to the judgment debtor within 30 thirty days.

When attached property is not released.
(2) Where the judgment debt is not fully liquidated, the Court shall proceeed with the execution of the judgment on the attached property in line with relevant provisions of rules 17, 18 and 19 of this Order.

Enforcement of decision of Supreme Court, Court of Appeal of a superior court of records.

25. Where an application to enforce the decision of the Supreme Court, Court of Appeal or decision of any other superior court of records is filed before the Court, the Court shall deem the decision of that superior Court of record as if it were its own and the enforcement shall be carried out in accordance with relevant provisions of this Order.

ORDER 50

Appeal from the decision of Arbitral Body.

1.

(1) Every appeal to the Court shall be brought by way of notice of appeal and shall be lodged in the Arbitral Tribunal, or with the Registrar of Trade Unions, Secretary of any Commission or Board of Inquiry or Administrative Body or Panel or any Authority or Committee or Association or the Board empowered to implement the Employee’s Compensation Act, 2010 or any other institution vested with power to deal with any matter arising from the jurisdiction of the Court, (in this Order referred to as the “Arbitral Body”) within thirty (30) days of the decision, award or recommendations, appealed from.

Service of Notice of Appeal.
(2) The notice of Appeal shall be served on all parties affected by the appeal.

Content of Notice of Appeal

2.

(1) The notice of appeal shall set out the reference number of the proceedings in which the decision, award or recommendation appealed against was given, the names of the parties, the date when the decision was given and the grounds of appeal in full.

Notice of Appeal may specify only the part of the decision complained of.

(2) Where the appellant complains only of part of the award, recommendation or decision, the notice of appeal shall specify the part complained of; otherwise the appeal shall be taken to be against the decision as a whole.

Form of Notice of Appeal.
(3) The notice of appeal shall be in Form 72 which may be varied to suit the circumstances.

Notice of Appeal to give contact information of Arbitral Tribunal.
(4) The Notice of Appeal shall give the contact information of the Arbitral Body as prescribed in Order 4 Rule 1(1) of these Rules, where the award,
recommendation or decision appealed against is situated, to which notices may be sent from the appellant by registered post or electronic device.

Parties to comply with Order 4 Rule 4.
(5)(a) The Appellant or appellant’s counsel shall comply with the provisions of Order 4 Rule 4 of these Rules.
(b) The Respondent or Respondent’s counsel shall also comply with the provisions of Order 4 Rule 4 of these Rules.

Certified true copies of proceedings appealed against.

3.

(1) The Registrar or Administrator of the Arbitral Body shall within thirty (30) days of the decision, award or recommendations appealed against, prepare as many Certified True Copies (hereinafter referred to as CTC) of the proceedings required for the consideration of the appeal as there are parties on record.

Appellant to pay for certified true copies of proceedings appealed against.
(2) Except where the fees for preparing the CTC are remitted, a deposit of money decided on by the Registrar as likely to cover the fees, shall be made by the appellant before the preparation of the copies.

Time allowed for sending of certified true copies of proceedings to Court.

4.

(1) The Registrar of the Arbitral Body shall within fourteen (14) days of preparing the CTC send same to the Registrar of the Court.

President of the Court to assign hearing of appeal to a Judge or panel of Judges.
(2) The President of the Court may direct that an appeal be heard and decided by a panel of three (3) Judges of the Court.

Hearing of interlocutory application.

3) Notwithstanding the provisions of sub-rule 2 of this rule, the President of the Court may direct that an interlocutory application in a pending appeal can be heard by a Judge before the matter is sent to a panel of Judges that may hear the appeal.

Adjournment of hearing of appeal.
(4) When a pending appeal is before a panel of Judges of the Court, a single Judge who is a member of the panel may sit and adjourn the hearing of the appeal or take an interlocutory application arising in the course of the appeal.

Notification of date of hearing with certified copy of proceedings.

5.

When notifying a party of the date fixed for the hearing of an appeal, the Registrar shall send to the party CTC of the processes filed in the appeal.

Enlargement of time limit.

6.

(1) The times prescribed in rules 1 to 4 of this Order, may be enlarged at any time by the Court on such terms as the Court may deem fit.

Application for enlargement of time.
(2) Enlargement of time shall be by application and the Appellant shall forward an advance notice of the application for enlargement of time to the
Respondent(s).

Striking out of appeal for default 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 the time if sufficient cause is shown.

Application for mandatory order to produce CTC.

8.

Where a Registrar or the Administrator to the Arbitral Body fails, neglects or refuses to furnish the “CTC” of record of proceedings as provided in Rule 4 of this Order, the party appealing against the award or decision or recommendation of the bodies, authorities and entities mentioned earlier, may file an application before the Court for an order of mandamus compelling the Registrar to produce the CTC of the proceedings to the Court.

Notification of Time and Division for hearing of Appeal.

9.

The appeal may be fixed by the Court for hearing at such time and in a designated Judicial Division and the Registrar of the Court shall notify the parties accordingly.

Hearing and determination of appeal on briefs filed by parties.

10.

Unless the Court gives leave to the contrary—
(1) all appeals from the Arbitral Body shall be heard and determined purely on their briefs of argument filed and exchanged between the parties.

Period of filing of Appellant’s brief.
(2) the Appellant shall file an Appellant’s Brief of argument within twenty-one (21) days of receipt of the record of proceedings from the Arbitral Body;

Period for filing of Respondent’s brief.

(3) the Respondent shall file and serve a Respondent’s Brief of Argument within twenty-one (21) days of service on the Respondent of the Appellant’s Brief of Argument.

Reply to Respondent’s brief.
(4) within seven (7) days of the receipt of the Respondents Brief of Argument, the Appellant may file a Reply Brief of Argument which shall deal only with any new issues raised in the Respondent’s Brief of Argument.

Briefs to clearly identify issues from grounds of appeal.
(5) every Brief of Argument shall clearly identify the issues distilled from the grounds of appeal on the basis of which the parties seek the
determination.

New issues not to be considered.
(6) any issue which is not covered by any ground of appeal shall not be considered by the Court in its judgment.

Time for parties to adumbrate briefs.

11.

Where there is an appeal before the Court and the counsel to the parties have filed their briefs of arguments and the date has been fixed for hearing of the appeal, counsel to the parties shall each have thirty (30) minutes within which to adopt and adumbrate on their respective briefs or written
addresses respectively.
Provided that the counsel may orally apply for an extension of time during which the counsel may conclude on his or her adumbration ; the extension, if
granted, may not be for more than ten (10) minutes.
Provided also that the Court may suo motu allow such extension of time for adumbration by the counsel as the circumstance of the matter may demand. The decision of the Court on an application for extension of time for adumbration shall be final.

Departure from the rules on compilation of records.

12.

The Court may direct a departure from these Rules in respect of the compilation of records from the Arbitral Body upon the application of any party to an appeal.

Departure from the rules on compilation of records.

13.

(1) Where on the day fixed for hearing, the appellant or his or her counsel to the appellant does not appear, the appeal shall be struck out and the
decision appealed against shall be affirmed, unless the Court, for sufficient reason thinks otherwise.

When brief may be deemed adumbrated.
(2) Notwithstanding the provisions of sub-rule 1 of this rule, where a brief has been filed, the brief may be deemed adumbrated and judgment delivered on the merits of the case.

Judgment with cost against appellant.

(3) Where a respondent or his or her counsel appears in the Court and the appellant or his or her counsel does not, the appeal shall be struck out and the judgment shall be with costs of the appeal against the appellant, unless the Court otherwise orders.

Costs at Court’s discretion where respondent is in default of appearance.
(4) If the Respondent or Respondent’s counsel does not appear, the costs in the appeal shall be at the discretion of the Court.

Hearing of appeal in absence of one party.

14.

(1) On the day fixed for hearing of the appeal, whether the parties or their counsel appear or not, the Court may proceed to the hearing or further
hearing and determination of the appeal and may determine the appeal on its merits.

Court to dismiss matter for noncompliance with requirements.
(2) If it appears or is proved before the Court that the appellant has not complied with the requirements precedent to the hearing of an appeal, the
Court shall dismiss the appeal and affirm the decision, ruling, award or recommendation with or without costs of the appeal against the appellant.

No extraneous reasons at hearing.

15.

(1) At the hearing, the appellant shall not go into any other reasons for appeal than those stated in Appellant notice of grounds of appeal.

Court may allow amendment of defective appeal.
(2) Where, in the opinion of the Court, other grounds of appeal other than those stated in the notice of appeal should have been given, or the statement on 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.

Respondent may give notice of intention to seek confirmation of judgment on new grounds.

16.

(1) A respondent may give notice of respondent’s intention to ask the Court at the hearing to confirm the judgment of the Arbitral Body on grounds other than those stated by the Arbitral Body.

Notice to state new grounds for confirmation.
(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 judgment of
the Arbitral Body.

Period for filing and service of Notice and grounds

(3) Such notice and grounds shall be filed in Court within fourteen (14) days of service on the respondent of the notice and grounds for appeal and same shall be served on the appellant or appellant’s counsel.

Filing of cross-appeal.

17.

(1) A respondent may file a cross-appeal against all or any part of the award, decision or recommendation of the Arbitral Body.

Period for filing and service of crossappeal.
(2) The grounds of the cross-appeal shall be filed by the respondent within fourteen (14) days of service on respondent of the appellant’s notice and grounds for appeal, and shall be served on the appellant or appellant’s counsel before the hearing.

No objection on basis of defects in form of appeal unless permitted by Court.

18.

(1) No objection on account of any defect in the form of stating 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 or to prepare for the hearing.

Amendment of grounds of appeal.
(2) Where the Court is of the opinion that an objection to any ground of appeal ought to prevail, the Court may, if it thinks fit, cause the ground of
appeal to be amended upon such terms and conditions, if any, as the Court may think just.

No objections allowed to any defect in any proceedings of an Arbitral Body.
(3) On an appeal from a decision or award of the Arbitral Body, no objection shall be taken or allowed to any proceeding in the Arbitral Body for a defect or error which might have been amended by the Arbitral Body or to any complaints, summons, warrant, or other process to or of such Arbitral
Body for any alleged defect in substance or in form therein, or for any variance between any complaint or summons and the evidence adduced in support thereof in such Arbitral Body.

Court may refer matter back to Arbitral Body.
(4) Where an 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 Arbitral Body with direction to rehear and determine it or to reverse the decision appealed from or to make such other order for disposing of the case as justice may require pending the hearing and determination of the appeal.

Adducing evidence.
(5) Where it considers it necessary that evidence should be adduced, the Court may either—
(a) order that such evidence be adduced before the Court on some day to be fixed ; or

(b) refer the case back to the Arbitral Body to take such evidence, and may in such case either direct the relevant Arbitral Body 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 it, 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.

Certifcation of additional evidence.

19.

(1) Where additional evidence is to be taken by the Arbitral Body and specific findings of fact reported, it shall certify the evidence to the Court which shall then proceed to dispose of the appeal.

Appellant to be present when additional evidence is taken.
(2) The appellant or appellant’s counsel shall be present when the additional evidence is taken.

Evidence taken as if before Arbitral Body.
(3) Evidence taken in pursuance of Rule 18 (5) (a) of this Order shall be taken as if it were evidence at the trial before the Arbitral Body.

Arbitral Body to give opinion on demeanour of witnesses and additional evidence.
(4) When forwarding to the Court any additional evidence taken by the Arbitral Body in pursuance of sub-rule (1) of this rule, the Arbitral Body may express its opinion on the demeanor of the witnesses and the value of their evidence and may also, if it is the same Arbitral Body 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.

Fees for civil appeals. First Schedule.

20.

The fees in the First Schedule shall be chargeable in civil appeals save where they would have to be paid by a Government officer acting in his official capacity or where the Arbitral Body or the Court waives or remits the fees on the ground of the poverty of the person chargeable therewith where it
appears that there are substantial grounds of appeal.

Allowances for witnesses.

21.

Allowances may be paid to witnesses in accordance with the Provisions of the Second Schedule.

Court may order Arbitral Body to rehear and determine a matter arising from misled or deceived respondent.

22.

No objection shall be taken or allowed, on an appeal, to a notice of appeal which is in writing or to any recognizance entered into under this Order for the due prosecution of the appeal for any alleged error or defect, but if the error or defect appears to the Court to be such that the respondent on the
appeal has been thereby deceived or misled, it shall be lawful for the Court to amend it and, if it is expedient to do so, also to adjourn the further hearing of the appeal, the amendment and the adjournment, if any, being made on such terms as the Court may think just.

Stay of execution pending appeal.

23.

(1) A party in an appeal may file a motion for stay of execution pending the determination of the appeal.
Provided such party or party’s counsel shall forward an advance copy of same to the Respondent within seven (7) days of the date of filing

Respondent’s counter-affidavit.
(2) The Respondent may file a counter-affidavit within seven (7) days of service on the Respondent and shall serve an advance copy of same on the
Appellant seven (7) days from the date of filing.

Conditions for applying for stay of execution.

24.

(1) On an application made for stay of execution under any enactment establishing the Arbitral Body, the Arbitral Body 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 judgment appealed against, 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 award appealed against relates to possession of lands or houses, give security to the satisfaction of the Court for the performance of the decision or award in the event of the appeal being dismissed;
(d) that the appellant’s property shall be seized, and attached and sold and the net proceeds deposited in court pending determination of the appeal

Order to limit time allowed for performance of imposed conditions
(2) Any Order made on any application shall limit the time (not being more than twenty-one (21) days) for the performance of the conditions imposed, and direct that in default of the performance within the time so limited execution may issue or proceed.

Application for stay of execution made first to Arbitral Body.
(3) An application for stay of execution under the enactment establishing the Arbitral Body may be made at any time after lodgment of the notice of
appeal and shall in the first instance be made on any Arbitral Body mentioned in this Order as may be relevant.

No application for stay to Arbitral Body where execution of judgment has been ordered by the Court.
(4) Where execution has been ordered by the Court the application shall not be made to an Arbitral Body but to the Court.

Notice of ex parte applicatiion for stay of execution to be given to other party.

(5) The application may be ex parte, but the Court may direct that notice of it be given to the other party; and where an order is made ex parte the
Registrar of the Court shall notify the other party of the order made.

Appelant to state nature of security given instead of deposit.
(6) Where an 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).

Appeal by motion against order of Arbitral Body.
(7) A party dissatisfied with an order made by the Arbitral Body may apply to the Court by originating or interlocutory motion as the case may require, with notice to the other party for a review of the order, and the Court may thereupon make such order as may seem just.

Appeal not to operate as a stay of execution.

25.

(1) An appeal shall not operate as a stay of execution of the decision or award or recommendation appealed against, except:
(a) as the Court otherwise orders, or
(b) where there is any pending application for stay of execution of the award, decision or recommendation appealed against before the Court.

Court may stay execution of award, etc.
(2) Notwithstanding sub-rule 1 of this rule, the Court may order a stay of execution of the recommendation, award, or decision of an Arbitral Body
pending the hearing and determination of the appeal.

Order to deposit money or security.

26.

(1) The Court may, in special circumstances, on an application on notice (originating or interlocutory as the case may require) supported by an
affidavit, order the appellant to deposit such sum or give such security as may seem fit for respondent’s costs of appeal including the costs incidental to the application.

Appeal may be dismissed for default in deposit or security within stipulated time.
(2) The order shall limit the time (not exceeding twenty-one (21) days) within which the deposit or security shall be made, 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.

Respondent entitled to reasonable costs on dismissed appeal.
(3) Where an appeal is 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 of dismissal or may be assessed at any subsequent time by the Court of its own motion or on application made ex parte or on notice, as the Court may deem fit.

Reinstatement of dismissed appeal.

(4) Where an appeal is dismissed, the appellant shall take no further step for proceeding for reinstatement of the appeal except by leave of the Court, which may be granted on such terms (if any) as the Court may deem fit, upon application by motion on notice given within thirty (30) days of such dismissal.

Appellant not entitled to costs except from net proceeds after full execution of award, etc.
(5) Subject to the discretion of the Court to grant costs where it seems proper on an application made under sub rule (1) of this Rule, herein, costs
shall not normally be granted to the applicant except where the net proceeds of execution levied on the appellant’s property are sufficient to satisfy the amount payable under the decision or award appealed from.

Affirmation, modification, amendment of judgment or decision.

27.

In determining the appeal brought before it, the Court may affirm, modify, amend, or vary the judgment, decisions, orders, awards or recommendation appealed against.

Arbitral Body to have certified true copy of Court’s judgment.

28.

(1) Upon the determination of an appeal, the Court shall certify its judgment or order to the Arbitral Body in which the decision appealed against was pronounced.

Action of Arbitral Body on Court’s judgment.
(2) The Arbitral body to which the Court certifies its judgment or Order shall then make such orders as are conformable to the judgment or Order of the Court, and if necessary, the records shall be amended accordingly.

Arbitral Body to enforce Court’s judgment as its own.

29.

After the pronouncement of the judgment of the Court, the Arbitral Body 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 judgment which may
have been pronounced by the Court, in the same manner in all respects as if such decision or judgment had been pronounced by itself.

Expeditious enforcement of Order of Court by Arbitral Body.

30.

Any Order given or made by the Court may be enforced by the Court or Arbitral Body as may be most expedient.

Court may enlarge time prescribed.

31.

The Court may, if it thinks fit, enlarge any period of time prescribed by this Order.

Order to pay costs.

32.

The Court may make an Order as to the payment of costs by or to the appellant as it may consider to be just and the Order may also be made in any other case where an appeal has been entered into, but the appellant refuses, neglects or omits to diligently prosecute it.

When time of confirmed award shall begin to count.

33.

Where an award, decision or recommendation by an Arbitral Body forwarded to the Minister for approval has been confirmed by the Minister in compliance with Section 13(2) of the Trade Dispute Act Cap T8, LFN, 2004, and the Minister communicates the confirmation of the award, decision or
recommendation later than the time prescribed for communication of confirmation and beyond the time for acting on the award, the party concerned
may apply to the Court for the time prescribed for acting on the award to begin to count from the day following the day of receipt of the confirmation of
the award from the Minister.

Application for order of mandamus to refer matter to the Court

34.

(1) Where any of the parties has applied to the Minister to refer the dispute to the National Industrial Court of Nigeria and the Minister fails, neglects
or refuses to refer the dispute to the National Industrial Court, as provided in section 14 of the Trade Disputes Act, CAP T8, LFN 2004 such a party may apply to the Court for an Order of Mandamus compelling the Minister to refer the matter and to forward copies of the proceedings to the National Industrial Court.

Service of order of mandamus on Minister.
(2) A copy of the Order of Mandamus shall be served on the Minister requesting the Minister to respond within twenty-eight (28) days from the date of service.

Application for order of mandamus to compel approval or return of award.

35.

Where an award, decision or recommendation by an Arbitral Body, is forwarded to the Minister for his approval and the Minister fails, neglects or refuses to act on the award of the Industrial Arbitration Panel as provided in section 13(2) and (3) of the Trade Dispute Act, Cap T8, LFN 2004 any of the parties to the award may apply to the Court to issue an Order of Mandamus compelling the Minister to confirm or return same to the Arbitral Body.
Provided the party seeking for the Order of Mandamus shall have demanded through an application to the Minister, that the Minister releases the award
within fourteen (14) days from the date of service of the application.

Application for order of mandamus to include application to Minister.

36.

In applying to the Court for the Order of Mandamus, the party must attach an acknowledged copy of the party’s application made to the Minister
for the release of the award, decision or recommendation.

Hearing Notice and period for response by Minister.

37.

The Court shall, upon receipt of the application for the Order of Mandamus issue a hearing notice to the Minister of Labour and Productivity to file a response within twenty-eight (28) days, but not later than thirty (30) days.

Judge may deliver the Judgment on behalf of another in a panel

38.

When a panel of Judges is hearing an appeal and the appeal has been argued and addresses submitted by counsel to the parties and judgment has been written and signed by all members of the panel of Judges, a member of the panel of Judges may sit and deliver the judgment of the panel.
Provided that where there is a dissenting judgment or ruling, the member of the panel dissenting shall read or cause the dissenting judgment or ruling to be read on the dissenting Judge’s behalf in accordance with these Rules.

Arbitral Tribunal, etc. decision, etc. not qualified for ADR

39. No appeal from the decision or award or recommendation or finding of an Arbitral Body shall qualify for referral to the ADR Centre.

ORDER 52

Application under Forma Pauperis.

1.

If an aggrieved party in a matter before the Court is indigent and has no means of prosecuting the case, such an aggrieved person may orally apply to the Court under forma pauperis seeking the assistance of the Court to prosecute the matter.

When Court may grant order of forma pauperis.

2.

(1) When an application is made under rule 1 of this Order and the Court is satisfied that the applicant is indigent and has no means of prosecuting the applicant’s matter, the Court may grant an order for the applicant to sue or defend in forma pauperis.

Who may sue or defend in forma pauperis.
(2) The Judge may admit a person to sue or defend in forma pauperis, if satisfied that the person’s means do not permit the person to brief a legal
practitioner to prosecute the case and that there is a reasonable ground for suing or defending the action.

(3) The applicant shall through the Registry of the Court obtain and fill Form 1 and no fees shall be paid for any process filed by the applicant.

Conditions to be fulfilled.

3.

(1) The application shall, if the Court so directs, be accompanied by an affidavit signed and sworn to by the applicant personally stating that the applicant satisfies the requirements of Rule 2 of the Order as to the applicant’s means, and setting forth all the material facts on which the applicant relies in the desire to sue or defend, distinguishing between those which are within the applicant’s personal knowledge and those which are based on information and belief, and in the latter case, setting forth the sources of applicant’s information and belief.

Counsel may prove indigency of party.
(2) If in the opinion of the Court the application is worthy of consideration, it shall be referred to a legal practitioner willing to act pro bono.

Assignment of legal practitioner.

4.

On granting the application, the Court may assign to the applicant any legal practitioner willing to be so assigned, and any legal practitioner so assigned shall not be discharged by the applicant except with leave of the Court.

Procedure to be followed.

6.

(1) Neither the legal practitioner whose opinion is sought nor the legal practitioner assigned to the applicant or any other person shall, except by leave of the Court, take or agree to take or seek to obtain any payment whatsoever from the applicant or any other person in connection with the application or the action taken or defended thereunder.

When an order can be rescinded

(2) If the applicant pays or agrees to pay money to any person whatsoever in connection with the application or the action taken or defended thereunder, the application shall be refused or, if already granted, the order granting it shall be rescinded.

When forma pauperis is not indigent.
(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 of the Court.

Revocation of order.

7.

(1) The Court may at any time revoke the order granting the application and thereupon the applicant shall not be entitled to the benefit of this provision in any proceeding to which the application relates unless otherwise ordered.

When legal practitioner cannot discontinue action.
(2) Neither the applicant nor the legal practitioner assigned to the applicant shall discontinue, settle or compromise the action without the leave of the
Court or of a Judge.

Payment to legal practitioner.

8.

(1) The Court may order payment to be made to the legal practitioner assigned out of any money recovered by the applicant or may charge in favour of the legal practitioner assigned, upon any property recovered by the applicant, such sum as in all the circumstances may seem just.
(2) Where in the opinion of the Court, it is impossible to pay the legal practitioner as provided in sub-rule (1) of this Rule, the Court may suo motu pay for the services of the legal practitioner.

Duties of legal practitioner.

9.

Every complaint, notice or application on behalf of the applicant, except an application for discharge of the legal practitioner assigned to the applicant,
shall be signed by the said legal practitioner who shall take care that no application or notice is made or given without reasonable cause.

No appeal in forma pauperis except by leave.

10. No person shall be permitted to appeal in forma pauperis, except by leave of the trial or the appellate Court.

ORDER 53

Chief Registrar includes Deputy Chief Registrar

1.

In this Order, any reference to the Chief Registrar means the Chief Registrar of the National Industrial Court and includes the Deputy Chief Registrar and an Assistant Chief Registrar.

Business to be transacted by the 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 the Court or a Judge has ordered that the account be taken by the Chief Registrar  and
(c) the taxation of bills of costs.

Chief Registrar may refer matter back to the President

3.

Where any matter under rule 2 of this Order appears to the Chief Registrar proper for the decision of the Court or a Judge, the Chief Registrar may refer same to the President of the Court or the Administrative Judge or presiding Judge who referred the matter to the Chief Registrar. The President of the Court or the Administrative Judge or presiding Judge of the Court may either dispose of the matter or refer the same to the Chief Registrar with such directions as the Judge may deem fit.

Appeal from the Order of the Chief Registrar

4.

Any person affected by an order or decision of the Chief Registrar in the exercise of the jurisdiction conferred upon the Chief Registrar by this Order may appeal to the Court. Such appeal shall be by notice in writing to attend the Court without a fresh process within five (5) days after the decision
complained of or such further time as may be allowed by the Court. Unless otherwise ordered, there shall be at least two (2) working 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 Court.

Chief Registrar’s Cause List

5.

List of matters to be heard by the Chief Registrar shall be published on the Court’s Notice Boards.

Party may be represented by Legal Practitioner.

6.

A Legal Practitioner may represent any party in any proceedings before the Chief Registrar under the jurisdiction vested in the Chief Registrar by this Order.

Practitioner. Power of Chief Registrar to delegate to Registrars

7.

The Chief Registrar may with the approval of the President of the Court delegate to any Registrar of the Court any functions required by these Rules to be exercised by the Chief Registrar.

Chief Registrar’s Certificate.

8.

Form 41. B.—CHIEF REGISTRAR’S CERTIFICATE

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

Chief Registrar Certificate to refer to relevant Judgment or Order

9.

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

Form of Chief Registrar’s Certificate in Cases of Accounts and Transcripts

10.

(1) In cases of accounts and/or inquires, the Certificate of the Chief Registrar shall be in Form 41 with such variations or modifications as the circumstances may require.
(2) The certificate shall :
(a) state the result of the account and not set the same out by way of schedule,
(b) refer to the account verified by the affidavit filed,
(c) specify by the numbers attached to the items in the account which (if any) of such items that have been disallowed or varied, and
(d) state the additions (if any) that have been made by way of surcharge or otherwise.
(3) Where the Account verified by the Affidavit has been so altered that it is necessary to have a fair transcript of the Account as altered, such transcript may be required to be made by the party prosecuting the Judgment or order and shall then be referred to the Certificate; and
(4) The Accounts and transcripts (if any) referred to by certificates shall be filed therewith.

When Chief Registrar’s Certificate becomes binding

11.

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 thereafter be binding on all the parties to the proceeding unless discharged or varied upon an application made to the Court before the expiration of eight (8)
clear days after the filing of the certificate.

Taxing of Bills of Cost

12.

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

Certificate may be discharged or varied by the Court.

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

ORDER 54

Notification of Change or withdrawal of Counsel

1.

A notification for change or withdrawal of a counsel may be made to the Court by a party or counsel to the party as the case may be.

Service of notification of change of Counsel.

2.

Where the notification is made by the counsel, the notification shall be served on all parties to the cause or matter and also on the outgoing counsel, if the outgoing counsel is not the person making the notification.

Where Claimant or Defendant desires to terminate services of Counsel

3.

Notwithstanding the provisions of Rules 1 and 2 of this Order, where a party (Claimant or Defendant as the case may be) is desirous of terminating the services of Counsel and effecting a change, the Court, where it deems it appropriate and expedient, may direct as follows:

Party effecting change to furnish Registrar with particulars of new Counsel.

(1) that the party furnishes the Court with the full particulars and address of the new counsel taking over the matter from the out-going counsel.

Party effecting change to serve other parties and their Counsel notice sent to Registrar.
(2) that the party effecting the change, forward to the counsel of the other party(ies) in the matter, copies of the notice(s) sent to the Court of the change of the said party’s counsel together with the particulars and address of the newly engaged counsel.

New counsel to regularise appearance.

4.

The in-coming counsel shall regularise such counsel’s appearance and take-over the matter by notifying the Court in writing of counsel’s engagement and exhibiting the party’s or client’s letter of instruction to that effect. Copies of this notice shall also be forwarded to the other parties and counsel in the matter.

Appearance of withdrawn counsel.

5.

(1) A counsel who has withdrawn appearance for a party in a cause or matter may re-appear for the same party with the leave of Court.
Provided that the party such counsel is appearing for has notified the Court that the party has re-engaged the counsel to reappear for the party.
(2) The party re-engaging the party’s former counsel to re-appear for the party shall communicate the fact to the new counsel. Provided that where the provisions of these rules are not complied with, the Court may summon the parties to appear before it and shall state who their
counsel is or are.

ORDER 55

Cost fixed at the Court’s discretion.

1.

A.—Costs Inter Party

1. In every suit, the costs of the whole suit, and of each particular proceeding therein, and the costs of every proceeding in the Court, shall be at the discretion of the Court as regards the person by whom they are to be paid.

Cost following events

2.

The Court may order the successful party, notwithstanding the party’s success in the suit, to pay the costs of any particular proceeding therein.

Court may order Costs to be paid from the fund of Subject Matters of suit

3.

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

Court to fix amount of cost at time of Judgment.

4.

Where costs are ordered to be paid, the amount of such costs shall if practicable, be summarily determined by the Court at the time of delivering the judgment or of making the order.

Principle to be followed in fixing Costs.

5.

In fixing the amount of costs, the principle to be observed is that the successful party is to be indemnified for the expenses to which the party has been unnecessarily put in the proceedings.

Court may stay proceedings pending payment of Costs by any Party

6.

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 proceedings to be stayed until the costs are paid or security given accordingly, but the order shall not supersede the use of any other lawful method of enforcing payment.

Deadline and penalty for default in payment of Court ordered costs.

7.

(1) Costs become immediately payable when ordered and shall be paid within seven (7) days of the making of the order.

All costs for default and application to be borne by party requesting extension.

(2) In addition to any penalty payable for default under these Rules, the costs 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.

Counsel to bear costs arising from Counsel’s default.
(3) Where a counsel admits that the failure or neglect or unwillingness of a party to act, or where the party has acted negligently, and the counsel
admits that the failure, neglect or unwillingness is the fault or mistake of Counsel, and any costs are awarded, such costs shall be awarded against the Counsel and not the party, and the Counsel shall pay the costs before the next adjourned date failing which Counsel shall be denied audience.

Court/Taxing Officer to determine Costs of Taxation

8.

Where the Court deems it impracticable to determine summarily the amount of any costs which it has adjudged or ordered to be paid, all questions
relating thereto may either be determined upon taxation by the Court itself or may be referred by the Court to a taxing officer for taxation to be ascertained for approval by the Court.

Matters to be considered in Taxation of Costs.

9.

Upon any taxation of costs, the taxing master may, in determining the remuneration to be allowed, have regard, subject to any rule of Court, to the
skill, labour and the degree of responsibility involved.

Costs. Fees to be taken into account in Taxation of Costs

10.

In taxation of costs between party and party, nothing shall be allowed in respect of fees paid to the Court beyond what was necessary having regard to the amount recovered on judgment.

Taxation of Bill of Costs.

11.

Where upon the taxation of any bill of costs more than one-sixth is deducted from the amount claimed, the Court may either make no order as to the costs of the taxation or may order the party who filed the bill of costs to pay to the other party or parties the costs of taxation.

When a Claimant or Defendant may be ordered to give Security for Costs.

12.

B.—Security for Costs

12.—(1) Where on the Claimant or Defendant’s application to the Court, it appears to the Court either at the commencement or at any stage of the
proceedings—
(a) that the claimant or defendant is ordinarily resident out of jurisdiction; or
(b) that the claimant (not being a claimant who is suing in a representative capacity) is a nominal claimant who is suing for the benefit of some other
person and that there is reason to believe that the claimant will be unable to pay the costs of the defendant if ordered to do so; or
(c) subject to sub-rule (2) of this rule, that the claimant’s address is not stated in the originating process or is incorrectly stated therein; or

(d) that either the claimant or the defendant has changed such party’s address during the course of the proceedings with a view to evading the
consequences of the litigation, then where, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order either the Claimant or the Defendant to give such security for the claimant’s or defendant’s costs of the action or other proceedings as the Court may deem fit.
(2) The Court shall not require a claimant to give security by reason only of sub-rule (1)(c) of this rule if the Claimant satisfies the Court that the failure to state claimant’s address or the mis-statement thereof was made innocently and without intention to deceive.
(3) The references in this rule to a claimant and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of claimant or defendant, as the case may be, in the proceeding in question, including a proceeding on a counter-claim.

Form and manner of Security for costs to be determined by Court

13. Where an order is made requiring any party to give security for costs, the security shall be given in such manner, at such time, and on such terms (if any) as the Court may direct.

ORDER 56

Entitlement to relief by way of interpleader

1.

(1) Where—
(a) a person is under liability in respect of a debt or money or chattels and expects to be sued in respect of the debt or money or chattels by two or more persons making adverse claims to it; or
(b) a claim is made to any money or chattels taken or intended to be taken by the sheriff in execution under a process or to the proceeds or value of any such chattels by a person other than the person against whom the process is issued, the person under liability as mentioned in sub-rule 1 (a) of this rule or, as the case may be, the sheriff , may apply to the Court for relief by way of interpleader.

Meaning of “Sheriff”.
(2) Any reference in this order to sheriff shall be construed as including references to any other officer charged with the execution of process by or under the authority of the Court.

Claimants to good, etc. taken by execution process to give notice to Sheriff.

2.

(1) Any person making a claim to or in respect of any money, taken in goods or chattels taken or intended to be taken under process of the Court or to the proceeds or value of any such money or chattels, shall give notice of such a person’s claim to the sheriff charged with the execution of the process and shall include in the notice a statement of the person’s address, which shall be the person’s address for service.

Processing between Sheriff and Execution creditor.

(2) On receipt of a claim made under this rule, the sheriff shall forthwith give notice thereof to the execution creditor and the execution creditor shall,
within seven (7) days after receiving the notice, give notice to the sheriff informing the sheriff as to whether execution creditor admits or disputes the
claim.

When execution creditor is liable to Sheriff.
(3) An execution creditor who gives notice in accordance with this provision admitting the claim shall only be liable to the sheriff for any fees and
expenses incurred by the sheriff before the receipt of that notice.

When Sheriff can apply to Court for execution.
(4) Where—
(a) the sheriff receives a notice from an execution creditor under subrule 2 of this rule, disputing a claim, or the execution creditor fails, within the period prescribed in that sub-rule to give the required notice; and
(b) the claim made under this rule is not withdrawn, the sheriff may apply to the Court under this order.

Sheriff to withdraw order when execution creditor admits claim.
(5) A sheriff who receives a notice from an execution creditor under sub–rule 2 of this rule admitting a claim made under this provision, shall withdraw from possession of the money, under this provision of the following kind, that is to say, an order restraining the bringing of an action against the sheriff for or in respect of the sheriff having taken possession of that money or those monies or chattels.

Mode of application.

3.

(1) An application for relief under this order shall be made by originating summons unless made in a pending action in which case it shall be made by motion in the action.

Servce of summons on person who makes claim.
(2) Where the applicant is a sheriff who has withdrawn from possession of money or chattels taken in execution and who is applying for relief under rule 2(5) of this Order, the summons shall be served on any person who made the claim under rule 2 (1) of this Order, to or in respect of that money, or those chattels, and that person may attend the hearing of the application.

No appearance on Originating summons.
(3) No appearance need be entered to an originating summons under this provision.

Applicant to satisfy Court by Affidavit.

4.

The applicant shall satisfy the Court 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.

Adverse titles of Claimants.

5.

The Applicant shall not be disentitled to relief by reason only that the titles of the Claimants have no common origin, but are adverse to and
independent of one another.

When application is made by Defendant.

6.

Where the Applicant is a Defendant, application for relief may be made at any time after service of the Originating Process.

Stay of action.

7.

Where an application is made by a Defendant in an action, the Court may stay all further proceedings in the action.

Order upon summons.

8.

Where the Claimant(s) appears in pursuance of the summons, the Court or Judge in Chambers may order :
(a) 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
(b) that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be claimant and which is to be Defendant.

Failure or neglect of Claimant to appear to obey Summons.

9.

Where a claimant, having been duly served with a summons calling on the claimant to appear and maintain or relinquish the claims, does not appear in pursuance of the summons or having appeared neglects or refuses to comply with any order made after such appearance, the Judge may make an order declaring the claimant and all persons claiming under such claimant, forever barred against the applicant and persons claiming under applicant; but the order shall not affect the rights of the claimants as between the claimants.

Costs, etc.

10. The Court may, for the purposes of any interpleader proceedings, make all such Orders as to costs and all other matters as may be just.

ORDER 57

Computation of Time.

1.

(1) Where by any law or any order made by the Court a period is prescribed or limited for the doing of any act, the period, if not limited by the hours, shall be reckoned :
(a) as excluding the day on which the order is made or on which the event occurs;
(b) where the last day of the period is a public holiday the time shall continue until the end of the next day following which is not a public holiday;
(c) where the act is required to be done within a period which does not exceed 6 days, a holiday shall be left out of account in computing the period.

Holiday.

2.

In this Order “holiday” means a day which is a Sunday or a public holiday declared by the Federal or State Government within the Judicial Division of the Court or Registry.

Time for service of process.

3.

No court process shall be served before 6.00 a.m. or after 6.00 p.m. Service effected after 6.00 p.m. shall be deemed to have been effected the
following day, provided that service effected after 6.00p.m. on a Saturday shall be deemed to have been effected on the following Monday.

Power of Court to extend time.

4.

(1) Notwithstanding anything contained in these Rules, 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 judgment or order of the Court extend or adjourn the time for doing any act or taking any proceeding:

Court may suo motu or on application extend, etc. time
(2) Subject to the provisions of any Act or law to the contrary, the Court may suo motu or on application and on good cause shown, extend or abridge
any period prescribed by these rules.

Interested party may apply for compliance.
(3) If a party fails to comply with any notice or direction given in terms of these rules, any interested party may apply on notice for an order that the
notice or direction be complied with within a period that may be specified, and that failing compliance with the order, the party in default may not be entitled to any relief in the proceedings.

Court may condone noncompliance.
(4) The Court may on good cause shown, condone non-compliance with any period prescribed by these rules and extend the time within which to
comply.

Endorsement of original process.

5.

(1) The Registrar or any other officer in the Registry dealing with processes shall endorse on the original process the date and time of submission and whether the appropriate fee or penalty has been duly paid or not.

Amount paid for process.
(2) The amount so paid or not paid shall be clearly stated on the original process.

Government institutions excluded from payments.
(3) Government or Public Institutions may be exempted from paying for processes filed within time.
Provided that any process filed out of time by any Government or Public Institution shall attract the payment of appropriate penalties as may be
stipulated.

Counsel to Government institutions to pay fees.
(4) Where any Government or Public Institution briefs a private legal practitioner to handle the matter on its behalf, such private legal practitioner shall pay all the prescribed filing fees and penalties.

Process incompetent for default in payment
(5) Any process which is to be filed at the Registry of the Court for which the appropriate fees or penalty is not paid after assessment in line with
the Rules of the Court shall not be accepted for filing.

Provided that where accepted for filing by default on the part of the officer of the Court in the Registry, such a process shall become incompetent and shall not be allowed to be used for the purpose for which it is intended until the appropriate fee is paid.

Penalty for default on order or directive.
(6) Where by the Rules of the Court, a party is required to file a process or comply with a Directive or Order or perform any other act as ordered by
the Court within a specified time and the party fails or neglects to do so, the party shall pay a penalty of N100.00 (One Hundred Naira) per day for the first fourteen (14) days of default and N200.00 (Two Hundred Naira) for each day of further default for another fourteen (14) days of default.

Further penalty
Provided that at the expiration of the second period of fourteen (14) days, a party in default shall pay a penalty of N500.00 (Five Hundred Naira) for each day of default until the order or directive is complied with.

When counsel may bear penalty for default to order, etc.
(7) Where in any form or manner the default, neglect or failure to file a process or comply with the Directives or Order of the court is due to the fault of counsel or that of the counsel’s agent or servant, the penalty for the neglect or failure to comply with directive or order of the Court shall be paid by the counsel and not by the client. Failure of Counsel to pay such a penalty may be regarded as disobedience to a court order and may be treated as the Court may direct.

Counsel to calculate days of default for penalty.

6.

(1) Where the Court grants extension of time in line with rule 4 of this Order, the number of days of being in default shall be calculated and stated in writing by the counsel to the defaulting party or the agent of the defaulting party or the defaulting party itself and the correct and appropriate penalties shall be stated and paid.

Onus of calculating days and penalty for default on Counsel.
(2) The onus of calculating and payment of accurate or appropriate penalty for default shall be on the counsel to the defaulting party or on the
defaulting party, where the defaulting party is the person who filed the process(es).

Process incompetent for violation of Rules of Court.
(3) Any process filed out of time which violates sub-rules (1) and (2) of this Rule is incompetent and may be so treated by the Court.

Public holidays not part of default days.
(4) In calculating the period of default, Saturdays, Sundays and public holidays shall not be included and time shall begin to run from the working day following the day the Order was made.

Limit to extension of time.
(5) Notwithstanding rule 4 of this Order, extension of time to regularize a party’s position to file a particular process or processes out of time shall not be granted more than two times.

Party reviving a Matter after a year to give 30 days Notice to the other Party.

7.

(1) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to revive proceedings shall give to every other party not less than 30 days’ notice of such intention.

Application for urgent hearing.
(2) An application for urgent hearing shall be made to the Court by motion ex parte and the decision of the Court on the application shall be final.

Application to set aside or remit an Award

8. An application to set aside or remit an award may be made at any time within four (4) weeks after the award is made and published to the parties but the Court may by order extend the time either before or after it has elapsed.
Provided that it shall be regular and normal for any process to be filed during vacation. Any process filed in compliance with the Rules of the Court during vacation shall be competent.

ORDER 58

Court sittings.

1.

A.—Court Sittings and Vacation

1. Subject to the provisions of the Act, the Court may in its discretion appoint any day(s) and any place(s) from time to time for the hearing of causes as circumstances may require.

Court to sit in Public, except for special reasons.

2.

The sittings of the Court for the hearing of causes and matters shall ordinarily be in public but subject to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Court may for special reasons, hear any particular cause or matter in the presence of the parties and their Legal Practitioners, and the officers of the Court only.

Office Hours.

3.

The offices of the Court shall be open at such times as the President of the Court may direct.

Sitting and vacation period.

4.

(1) Subject to the direction of the President of the Court, sitting of the Court for the dispatch of civil causes and matter may be held on every week day except:

Public Holidays.
(a) any holiday;

Easter recess.
(b) the period beginning from the Monday of the week of Good Friday to Friday of the week of Easter Monday. The Court shall resume sitting on the Monday after the week of Easter Monday or as the President of the Court may direct;

Christmas recess.
(c) the period from the last working day before the twentieth (20th) day of December to the fourth (4th) working day of the January of the following year. The Court shall resume sitting on the fifth (5th) working day of January ofthe same year or as the President of the Court may direct.

Annual vacation.

(2) The Court may proceed on an annual vacation not exceeding forty-two (42) working days commencing on a date in July and ending on a date in
September as may be contained in a Practice Direction to be issued by the President of the Court.

Posting of vacation on Notice Boards and website.
(3) The President of the Court may direct that a notice of the Court’s annual vacation be posted on all notice boards (including digital notice boards)
in each Judicial Division, State Registries and be on the website of the Court.

Court may sit during Vacation with consent of all the Parties to take Urgent Matters.

5.

(1) Notwithstanding the provisions of rule 4 of this Order, any cause or matter may be heard by the Court during any of the periods mentioned in
sub-rule 4(1) (c) or 4(2) of this rule (except Sundays and public holidays) where such cause or matter is urgent or the Court, at the request of all parties concerned, agrees to hear such cause or matter.

Vacation Judges.
(2) The President of the Court may assign one or more Judges to be vacation Judges to hear and determine any urgent matter or application during
the vacation period.

Hearing of urgent matters of national interest.
(3) Notwithstanding the provisions of sub-rule (2) of this Rule, the President of the Court may hear and determine or assign any other Judge apart from the vacation Judge to hear and determine any urgent matter or any matter of national interest.

Assignment of nonvacation Judge to hear and determine urgent matter.
(4) Notwithstanding the provisions of sub-rules (2) and (3) of this rule, the President of the Court during vacation, may hear and determine or may
assign any Judge of the Court to hear and determine any urgent matter in any Judicial Division of the Court though such Judge may not be one of the vacation Judges.

Parties in urgent matter to be notified of hearing of matter.
(5) Where a matter is to be heard and determined in line with sub-rule (4) of this rule, the parties and their respective counsel shall be put on notice
as the urgency of the matter may require.

Urgent matter may be reassigned after vacation
(6) Any matter that is assigned in line with sub-rules (4) and (5) of this rule, during vacation, the President of the Court may reassign the matter so
heard during vacation to any other Judge who may hear and determine such matter after vacation.

Time for Filing and Service of Pleadings to include Annual Vacation Period.

6.

Where the Court orders or the Rules of this Court requires an urgent interim or interlocutory application or an act to be done or process to be filed, time shall continue to run from the next working day after the order was made by the Court, notwithstanding that the time falls within the Court’s annual
vacation or recess.

Filing of process during vacation.

7.

(1)Whenever the Court orders or the Rules of the Court require an act to be done or a process to be filed and the time falls within the Court’s Easter or Christmas recess, time shall continue to run during the period of the recess.

Filing during recess.
(2) Notwithstanding the provisions of sub-rule 1 of this Rule, parties and or their counsel may file court processes during recess or vacation.

Delivery of judgment during vacation.

8.

When the Court adjourns a matter for ruling or judgment and the time for delivery of the ruling or judgment falls within a vacation or Court recess, the Court may proceed to deliver its ruling or judgment, if counsel to the parties in the matter consent to the delivery of the ruling or judgment during
vacation or recess.

Recovery of Penalties and Costs

9.

B.—General

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

Notices.

10.

Where the publication of any notice is required the same may be made by advertisement in the Federal Gazette, unless otherwise provided in any particular case by any rule of Court or otherwise by the Court.

Document for filing to be duly endorsed by Registrar.

11.

Any document filed must have endorsed on it the name and number of the case, the date of filing, whether filed by claimant or defendant and the
endorsement shall be initialed by the Registrar and recorded in the Process Register.

How Warrants e.t.c. for execution are to be addressed.

12.

All warrants and orders of whatever description shall be 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 officers of the Court generally or to a Local Government Authority.

Validity of part heard matter.

13.

If before the commencement of these Rules, a process has been filed in a pending or a part-heard matter or at any stage before the Court, the process or matter shall remain valid.

Government Ministries, Departments and Agencies (MDAs) excluded from paying fees.

14.

(1)(a) Subject to the provisions of Order 57 rule 5(3) of these Rules, no filing fees are to be taken in respect of any proceedings where such fees are payable by any Government Ministry, Department, Agency (MDA) or Institution.
(b) Notwithstanding sub-rule (1)(a) of this rule, Government Ministries, Department, Agencies (MDAs), Institutions or Parastatals etc, shall pay any penalties for defaulting to file any process within the time so allowed by the Rules or Order of the Court.
(2) Notwithstanding the provisions of sub-rule 1 of this rule, where any person is ordered to pay the costs of the State or any Government Department in any proceedings whether criminal or civil, all such fees shall be recoverable from that person.

Regularization of processes.

15.

The Court may suo motu order the party or parties in a pending or a part-heard matter at any stage of the proceedings, to regularize the party’s process already filed before the commencement of these Rules in order to bring it into conformity with the Rules of the Court.

Affidavit defective in form only.

16.

The Court may permit an affidavit to be used, where it is defective in form only and not in substance, if the court is satisfied that it has been sworn before a person duly authorized.

Amendment and re-swearing of affidavit.

17.

In any process before the Court, a defective or erroneous affidavit may be amended and re-sworn by leave of the court, on such terms as to time, costs or otherwise as seem reasonable.
Provided such amendment does not in any way alter the original intendment of the affidavit or its contents.

Court’s working hours.

18.

The Registries of the Court shall, subject to the direction of the President be opened to the public on every day of the year from 8 o’ clock in the forenoon to 3 o’clock in the afternoon, except on Saturdays, Sundays and public holidays.

Calculation of penalty for late filing of processes.

19.

Where processes are filed out of time, it shall be the duty of the defaulting party to correctly calculate the penalty payable for the failure or neglect to file within the prescribed time.

Failure to obey court order may deny defaulting party right of audience.

20.

When a Court makes an order that an act shall be carried out or performed before the next adjourned date, failure to carry out such an act without sufficient reasons shall deny such a party the right of audience until the order of the Court is complied with.

Any costs awarded to be paid before next adjourned date.

21.

(1) Where the Court awards costs against any of the parties, the cost shall be paid before the next adjourned date.

Court not to grant audience to a disobedient or negligent party.
(2) Where the court awards costs against a party, and the party refuses, neglects or is unwilling to obey or comply with the order of the court, the party
defaulting shall not be granted audience during the continuance of the neglect, refusal or disobedience to the order of the Court.

Court may strike out matter for default arising from Claimant.

22.

(1) If it is the claimant that is in default, the Court may proceed to strike out the matter. Where there is a counter-claim the Defendant may be asked to proceed to prove the Defendant’s counter-claim.
(2) If it is the defendant that is in default, the Court may proceed to hearing the matter on its merit and give judgment accordingly.

Counsel to bear the costs for negligence or disobedience or default to court order.

23.

Where a counsel admits that failure or neglect and refusal or unwillingness of the party to act is due to the fault or mistake of counsel and any cost is awarded, such cost shall be against the counsel and not the party; and the counsel shall pay the costs before the next adjourned date, failing which the counsel may not be given audience.

Where no rules exist

24.

Where a matter arises in respect of which no provision or adequate provision is made in these Rules or any other written law, the Court may adopt such similar procedure as will in its view do substantial justice between or amongst the parties.

Court may enquire into professional identity of counsel.

25.

(1) In any cause or matter before the Court in which counsel appears, the Court may make enquiry from the counsel as to the counsel’s qualification, age at the Bar, payment of legal practitioners fees or the fulfilment of any other conditions as may be required.
(2) Where the Court is not satisfied with any answer given by the counsel, the Court may take such other action as may be necessary.

Media coverage of Court proceedings

26.

(1) Media life coverage of Court proceedings may only be allowed by the Presiding Judge or as may be directed by the President of the Court.
Provided that such matter to be covered by the media shall be for Constitutional or of National importance interest or in the overall interest of the nation and citizenry.

When media coverage may be carried out.
(2) Where in a matter for which media life coverage is permitted as provided in sub-rule 1 of this rule, such coverage shall be limited to taking of
pictures or video recording of the Court setting and shall be carried out before the Court proceeding commences or the Presiding Judge enters the Court room.

Media allowed to remain in Courtroom.
(3) Notwithstanding sub-rule 2 of this rule, the media may be allowed to remain in the Court room and shall not be allowed to take pictures or video
record or transmit same while the proceeding is going on.

Legal practitioner not allowed to grant interview, etc. within Court precincts, environs.

27. No legal practitioner shall be allowed to grant any press interview, make comments or give any opinion or argument that may touch on a matter which is sub-judice before the Court either within the precincts of the Court, its appurtenances or environs.

ORDER 59

Application for Appointment as Public Trustee.

1.

Where there is an intra-union or intra-organizational dispute before the Court, the Court may suo motu or upon a motion on notice by any of the parties make an order for the appointment of a Public Trustee to manage the administration, affairs and finances of the trade union, employees’ or employers’ organization involved in any intra-union or intra-organizational disputes.
Provided that such application shall be accompanied by an affidavit stating the reasons for the appointment of the Public Trustee and the CTC of the
process(es) filed in respect of the intra-union or intra-organisational dispute before the Court.
Provided further that the Respondent(s) is given the opportunity to file a counter affidavit in response to the application and in compliance with the rules of the
Court.

Appointment of Public Trustee by the Court.

2.

(1) The Court may appoint a Public Trustee from amongst reputable and notable Nigerians who satisfy the provisions of Rule 3 of this Order.
(2) Where the Court orders that a Public Trustee be appointed in line with the provisions of sub-rule 1 of this Rule, the Judge shall remit the file of the proceedings to the President of the Court for the appointment of the Public Trustee to manage the affairs, administration and finances of the trade union, employees’ association or employers’ organization.
Provided that the appointed Public Trustee shall not interfere with or play any role in the statutory union, association or organization activities.

Eligibility for appointment as Public Trustee.

3.

(1) A person shall not be eligible to be appointed as a Public Trustee to manage the affairs, administration and finances of a Trade Union or Employees’ or Employers’ Organization unless the person has relevant educational qualification, background, knowledge and cognate experience in
management and administration of a trade union, employees’ association or employers’ organization.

Relationship of Public Trustee to organization.

(2) A person shall not be appointed as a Public Trustee if the person had been a member, worker, associate, affiliate or client or consultant to any of
the trade unions, employees’ or employers’ organizations involved in the trade dispute before the Court.

Remuneration and allowances of Public Trustee.
(3) The President of the Court may determine the remuneration and allowances payable to the Public Trustee appointed to run the affairs of a
trade union, employees’ or employers’ organization as ordered by the Court.

Source of Payment of remuneration of Public Trustee.
(4) The salaries and allowances payable to the Public Trustee shall be deductible from the purse of the trade union, employees’ association or employers’ organization in dispute before the Court.

Trustee. Functions and mandate of Public Trustee.

4.

The functions and mandate of the Public Trustee shall be in the terms of appointment as may be determined by the Court.

Term of appointment of Public Trustee.

5.

Where the Court appoints a Public Trustee, the appointment shall be for a term of not more than three (3) months in the first instance and where the Public Trustee is unable to achieve the objective(s) of the appointment, the Public Trustee shall report accordingly to the Court.
Provided that nothing shall preclude the Court from terminating the appointment of the Public Trustee for inability to fulfil the terms of engagement.

Extension of period of engagement of Public Trustee.

6.

Upon receipt of and satisfaction with the reasons for not fulfilling the mandate, the Court may extend the appointment of the Public Trustee for another term of three (3) months and no more.

Report of Public Trustee.

7. At the expiration or conclusion of the period of engagement, the Public Trustee shall render an account of stewardship to the Court.

ORDER 60

Representation in Chambers.

1.

In any proceedings in Chambers, any party may be represented by a Legal Practitioner.

Interlocutory proceedings may be conducted in Chambers.

2.

Unless any party or counsel objects, any interlocutory proceedings may be conducted in Chambers and any such proceedings may be adjourned from Court to Chambers or vice versa.

Proceedings in Chambers to be properly recorded.

3.

Records shall be kept of all proceedings in Chambers with proper dates in the case file, so that all such proceedings in such cause or matter may appear with a short statement of the question or points decided or ruled on at every hearing.

Orders made in Chambers to be drawn up.

4.

Orders made in Chambers shall, unless the Court otherwise directs, be drawn up by the Registrar and signed by the Presiding Judge. Such orders shall be entered in the same manner as orders made in the Court.

Costs of proceeding in Chambers to be fixed at Courts discretion.

5.

Subject to the provisions of the Act and of these Rules, the costs of and incidental to all proceedings in Chambers shall be at the discretion of the Court.

Application to set aside or vary Order made in Chambers.

6. Subject to the provisions of the Act and of these Rules, an application to set aside or vary an order made in Chambers may be made by a party when such an order is made in the party’s absence and it shall be within the discretion of the Judge in Chambers to vary such order.