ADMIRALTY JURISDICTION PROCEDURE RULES (2011)

 Rules in ORDER 1 – PART A—REVOCATION, CITATION, SAVINGS, ETC. REVOCATION, CITATION, SAVINGS, ETC.

RULE 1 – REVOCATION OF ADMIRALTY JURISDICTION PROCEDURE RULES 1993

RULE 2 – CITATION AND COMMENCEMENT

RULE 3 – APPLICATION OF RULES

RULE 4 – SAVINGS: PART-HEARD MATTERS.

RULE 5 – INTERPRETATION


 Rules in ORDER 2 – PART B—ADMIRALTY. PLACE OF INSTITUTING AND TRIAL OF SUITS

RULE 1 – ACTIONS IN REM

RULE 2 – OTHER ACTIONS

RULE 3 – SUIT COMMENCED IN WRONG JUDICIAL DIVISION


 Rules in ORDER 3 – FORM AND COMMENCEMENT OF ACTIONS

RULE 1 – COMMENCEMENT OF ACTIONS

RULE 2 – ADMIRALTY MARSHAL TO ISSUE WRIT OF SUMMONS.

RULE 3 – ACTION IN REM : FORM 1.

RULE 4 – ACTION IN PERSONAM. FORM 2.

RULE 5 – ADDITIONAL WITNESS.

RULE 6 – FORM OF WRIT FOR SERVICE – OUT OF JURISDICTION: FORM 4.

RULE 7 – FORM OF ORIGINATING SUMMONS : FORM 5.

RULE 8 – HEADINGS.

RULE 9 – ORIGINATING PROCESS TO BE ATTESTED BY ITS DATE.

RULE 10 – LOSS OF ORIGINATING PROCESS

RULE 11 – CONCURRENT ORIGINATING PROCESS.

RULE 12 – CONCURRENT ORIGINATING PROCESS FOR SERVICE WITHIN AND OUT OF JURISDICTION.


 Rules in ORDER 4 – PRELIMINARY ACT

RULE 1 – FILING OF PRELIMINARY ACT.

RULE 2 – CONTENTS OF PRELIMINARY ACT.

RULE 3 – FORM OF PRELIMINARY ACT: FORM 6.

RULE 4 – TIME FOR FILING PRELIMINARY ACT.

RULE 5 – PRELIMINARY ACT TO BE SEALED.

RULE 6 – DEFAULT IN FILING.

RULE 7 – OPENING OF PRELIMINARY ACT.

RULE 8 – ENDORSEMENT OF PRELIMINARY ACT.

RULE 9 – PRELIMINARY ACT DEEMED PART OF STATEMENT OF CLAIM OR DEFENCE.


 Rules in ORDER 5 – PARTIES. PARTIES IN ACTIONS IN REM

RULE 1 – ACTIONS IN REM: FORM 1.

RULE 2 – NATURE OF SPECIFICATION.

RULE 3 – ACTIONS AGAINST SHIP OR OTHER PROPERTY.

RULE 4 – SISTER SHIP.

RULE 5 – AMENDMENT.


 Rules in ORDER 6 – SERVICE OF PROCESS. A-ACTIONS IN REM

RULE 1 – SERVICE ON SHIP OR OTHER PROPERTY ON A SHIP.

RULE 2 – SERVICE ON PROPERTY NOT ON SHIP

RULE 3 – SERVICE WHERE ACCESS IMPOSSIBLE.

RULE 4 – NIGERIAN PORTS AUTHORITY TO BE NOTIFIED.

RULE 5 – SERVICE OF WRIT ON PROCEEDS.

RULE 6 – SERVICE OF WRIT ON FREIGHT.

RULE 7 – SERVICE OF WRIT ON FUNDS.

RULE 8 – SERVICE UPON CAVEATOR.

RULE 9 – SERVICE BY ADMIRALTY MARSHAL.

RULE 10 – NO SUBSTITUTED SERVICE.

RULE 11 – SERVICE ON ANY DAY.

RULE 12 – SERVICE OF AMENDED PROCESS.

RULE 13 – ACCEPTANCE OF SERVICE BY SOLICITOR.

RULE 14 – SERVICE IN CERTAIN CIRCUMSTANCES.

RULE 15 – WHERE VIOLENCE THREATENED.


Rules in ORDER 6 – SERVICE OF PROCESS. SERVICE OUT OF JURISDICTION

RULE 16 – SERVICE BY COURIER.

RULE 17 – MODE OF SERVICE LO BE PRESCRIBED AND ORDER THEREON.

RULE 18 – EXPENSES OF SERVICE

RULE 19 – RECORDING OF SERVICE.


 Rules in ORDER 7 – ARREST OF SHIPS AND OTHER PROPERTY

RULE 1 – APPLICATION.

RULE 2 – WARRANT OF ARREST: FORM 7.

RULE 3 – PERIOD OF VALIDITY.

RULE 4 – EXECUTION OF WARRANT OF ARREST.

RULE 5 – DURATION OF ARREST: FORM 7.

RULE 6 – VERIFICATION OF ARREST.

RULE 7 – EXECUTION ON ANY DAY.


 Rules in ORDER 8 – CAVEATS

RULE 1 – CAVEAT! AGAINST! ARREST: FORM 8.!

RULE 2 – ADMIRALTY MARSHAL TO BE SATISFIED

RULE 3 – UNDERTAKING BY CAVEATORS.

RULE 4 – CAVEATOR TO GIVE BAIL.

RULE 5 – CAVEAT MAY BE SET ASIDE.

RULE 6 – CAVEAT AGAINST RELEASE: FORM 10.

RULE 7 – PAYMENT OF DAMAGES FOR INSUFFICIENT REASON.

RULE 8 – EXPIRATION OF CAVEAT.

RULE 9 – WITHDRAWAL OF CAVEAT : FORM 11.

RULE 10 – REGISTERS.


 Rules in ORDER 9 – CUSTODY AND SALE OF SHIPS ANAD OTHER PROPERTY UNDER ARREST

RULE 1 – LIABILITY FOR ADMIRALTY MARSHAL’S EXPENSES.

RULE 2 – FUNDS TO BE DEPOSITED WITH ADMIRALTY MARSHAL.

RULE 3 – CUSTODY OF ARRESTED SHIP OR OTHER PROPERTY.

RULE 4 – APPLICATIONS CONCERNING ARRESTED SHIP OR OTHER PROPERTY.

RULE 5 – DISCHARGE OF SHIP OR CARGO NOT UNDER ARREST.

RULE 6 – PRESERVATION, MANAGEMENT AND POWER OF SALE.


 Rules in ORDER 10 – RELEASE FROM ARREST

RULE 1 – RELEASE GENERALLY.

RULE 2 – RELEASE BY CONSENT.

RULE 3 – RELEASE WHERE PROCEEDINGS ENDED

RULE 4 – RELEASE AT REQUEST OF INTERESTED PERSON.

RULE 5 – RELEASE WHERE SECURITY IS IN FORCE

RULE 6 – RELEASE WHERE CAVEAT AGAINST RELEASE IS IN FORCE.


 Rules in ORDER 11 – REPARATION FOR NEEDLESS ARREST

RULE 1 – COURT MAY REQUIRE SECURITY OR IMPOSE OTHER TERMS ON MAKING ORDERS.

RULE 2 – CASES IN WHICH COMPENSATION MAY BE AWARDED.

RULE 3 – NO ACTION FOR DAMAGES WHERE COMPENSATION AWARDED.

RULE 4 – APPLICATION FOR DAMAGES FOR WRONGFUL ARREST MAY BE TAKEN SUMMARILY.


 Rules in ORDER 12 – PAYMENT OF BAIL

RULE 1 – PAYMENT INTO COURT AND OBLIGATIONS OF THE ADMIRALTY MARSHAL.

RULE 2 – ADMIRALTY MARSHAL TO FILE EVIDENCE OF DEPOSIT

RULE 3 – COURT MAY VARY BAIL


 Rules in ORDER 13 – SECURITY FOR COSTS—COST GENERALLY

RULE 14 – COST AT DISCRETION OF COURT.

RULE 15 – COSTS OUT OF FUND OR PROPERTY.

RULE 16 – STAY OF PROCEEDINGS UNTIL COSTS PAID.

RULE 17 – STAGE OF PROCEEDINGS AT WHICH COSTS TO BE DEALT WITH.

RULE 18 – COSTS TO FOLLOW THE EVENT.

RULE 19 – MATTERS TO BE TAKEN INTO ACCOUNT IN EXERCISING DISCRETION.

RULE 20 – COSTS ARISING FROM MISCONDUCT OR NEGLECT.

RULE 21 – PERSONAL LIABILITY OF LEGAL PRACTITIONER FOR COSTS.


 Rules in ORDER 13 – SECURITY FOR COSTS– ACTIONS IN PERSONAM

RULE 1 – SECURITY FOR COSTS BY PLAINTIFF OR DEFENDANT.

RULE 9 – PRINCIPLE TO BE OBSERVED IN FIXING COSTS.

RULE 10 – SECURITY FOR COSTS.

RULE 11 – SECURITY FOR COSTS BY PLAINTIFF TEMPORARILY WITHIN JURISDICTION.

RULE 12 – ACTION FOUNDED ON JUDGMENT OR BILL OF EXCHANGE.

RULE 13 – BOND AS SECURITY FOR COSTS.


 Rules in ORDER 13 – SECURITY FOR COSTS —ACTIONS IN REM

RULE 1 – COURT MAY ORDER SECURITY FOR COSTS.

RULE 2 – FORM OF SECURITY.

RULE 3 – QUANTUM OF SECURITY.

RULE 4 – TIME WITHIN WHICH SECURITY TO BE FURNISHED.

RULE 5 – SECURITY TO BE WITHDRAWN UPON CONCLUSION OF ACTION.

RULE 6 – SECURITY FOR COSTS IN WAGES AND COLLISION MATTERS.

RULE 7 – STAY PENDING SECURITY IN COLLISION, PROCEEDING


 Rules in ORDER 14 – PLEADINGS

RULE 0 – APPLICATION OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES.


 Rules in ORDER 15 – LIMITATION PROCEEDINGS

RULE 1 – LIMITATION PROCEEDINGS

RULE 2 – SERVICE ON AT LEAST ONE RESPONDENT.

RULE 3 – ADVERTISEMENT OF DETERMINATION

RULE 4 – EFFECT OF DETERMINATION

RULE 5 – PROCEEDING TO SET ASIDE DETERMINATION

RULE 6 – COURT TO GIVE DIRECTION.


 Rules in ORDER 16 – VALUATION AND SALE

RULE 1 – ORDER FOR VALUATION AND SALE.

RULE 2 – SALE

RULE 3 – RETURN OF SALE

RULE 4 – ADMIRALTY MASHAL’S EXPENSES.


 Rules in ORDER 17 – PRIORITIES

RULE 1 – APPLICATION TO DETERMINE PRIORITIES

RULE 2 – ADMIRALTY MARSHAL’S EXPENSES.


 Rules in ORDER 18 – INTERVENERS

RULE 1 – INTERVENERS IN AN ACTION IN REM.


 Rules in ORDER 19 – PART C—AVIATION

RULE 1 – AVIATION MATTERS GENERALLY.

RULE 2 – ARREST OF AIRCRAFTS.

RULE 3 – WARRANT OF ARREST FORM 13.


 Rules in ORDER 20 – PART D—GENERAL. MISCELLANEOUS PROVISION

RULE 1 – ORDERS TO BE MADE.

RULE 2 – RECOVERY OF PENALTIES AND COSTS.

RULE 3 – NOTICES.

RULE 4 – FILING.

RULE 5 – FEES APPENDIX 2 OF FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES.

RULE 6 – COMMITTAL OF SOLICITOR FAILING TO COMPLY WITH UNDERTAKING

RULE 7 – EFFECT OF NONCOMPLIANCE

RULE 8 – APPLICATION TO SET ASIDE FOR IRREGULARITY

RULE 9 – WHERE NO RULES OR PROVISIONS EXIST.


 Rules in ORDER 21 – GENERAL POWERS OF THE COURT

RULE 1 – COURT MAY GIVE DIRECTIONS. ABRIDGE OR EXTEND TIME.

RULE 2 – REVIEW OF ADMIRALTY MARSHAL’S ACTIONS.


 Rules in ORDER 22 – POWERS OF THE CHIEF JUDGE TO AMEND RULES AND ISSUE PRACTICE DIRECTIONS

RULE 1 – POWERS OF CHIEF JUDGE OVER NEW RULES.

RULE 2 – PUBLICATION OF SUPPLEMENTAL PROVISIONS.

RULE 3 – CHIEF JUDGE’S POWER TO ISSUE PRACTICE DIRECTIONS ETC.


 Rules in ORDER 23 – ESTABLISHMENT OF ADMIRALTY REGISTRY

RULE 1 – CHIEF JUDGE TO ESTABLISH ADMIRALTY REGISTRY

RULE 2 – FURTHER RULES

RULE 3 – LOCATION OF ADMIRALTY REGISTRY