AKWA IBOM MULTI-DOOR COURTHOUSE (2009)

ORDER 1 – FORMS AND COMMENCEMENT OF ADR PROCESSES
RULE 1 – –

Any person or persons shall commence an ADR process by filing a written Request at the Akwa Ibom Multi-Door Court or by completing a Request Form (Form A).

RULE 2 – –

The Request shall briefly state the nature of the dispute, value of the claim, name or names, address or addresses, telephone numbers, facsimile, telex, and e-mail addresses of the parties to be invited to join in the ADR process and their legal representatives (if known).

RULE 2.1 – PROCEEDINGS WHICH MUST BE BEGUN BY WRIT

The Request shall briefly state the nature of the dispute, value of the claim, name or names, address or addresses, telephone numbers, facsimile, telex, and e-mail addresses of the parties to be invited to join in the ADR process and their legal representatives (if known).

RULE 2.2 – PROCEEDINGS WHICH MAY BE BEGUN BY ORIGINATING SUMMONS.

The Request shall briefly state the nature of the dispute, value of the claim, name or names, address or addresses, telephone numbers, facsimile, telex, and e-mail addresses of the parties to be invited to join in the ADR process and their legal representatives (if known).

RULE 2.3 – PROCEEDINGS TO BE BEGUN BY MOTION ON PETITION.

The Request shall briefly state the nature of the dispute, value of the claim, name or names, address or addresses, telephone numbers, facsimile, telex, and e-mail addresses of the parties to be invited to join in the ADR process and their legal representatives (if known).

RULE 3 – –

The Request for ADR shall be accompanied by the appropriate processing fees as prescribed in Schedule A

RULE 4 – –

The Akwa lbom Multi-Door Courthouse shall immediately send a copy of the Request to the party or parties named in the Request.

RULE 5 – –

The Respondent shall file a response together with Submission Form as in Form B before the Multi-Door Courthouse within ten days from the date of service excluding weekends and public holidays.


 Rules in ORDER 2 – PRE-ADR CONFERENCE
RULE 1 – –

The Director or a designee shall ensure that the case file is complete, that the matter is suitable for ADR and thereafter assign the case to a Dispute Resolution Officer for resolution.

RULE 2 – –

The Dispute Resolution Officers shall be responsible for all dispute resolutions at the Multi-door Courthouse.

RULE 3 – –

The Multi-Door Courthouse shall invite the parties and legal representatives (if any) to a Pre-Conference meeting/intake screening with the DRO at the Courthouse.

RULE 4 – –

At the Pre-Conference/intake Screening, the DRO shall explain the process, clarify issues, identify interests, explore settlement options, and advise on the most appropriate ADR Door and the parties’ right to choose their mediators.

RULE 5 – –

The DRO shall provide the parties with the bio-data of the recommended Neutrals from which parties could choose their Mediator or Arbitrator. This shall be without prejudice to the right of parties to choose a neutral outside of the list maintained at the Multi-Door Courthouse.

RULE 6 – –

After the parties have chosen a dispute resolution option, and their mediator, and before the commencement of mediation, parties shall sign and file the Confidentiality Agreement as in Form C.


 Rules in ORDER 3 – PRIOR AGREEMENT TO SUBMIT DISPUTE TO ADR
RULE 1 – –

Where there is a prior existing agreement to submit dispute to any ADR process, any party or parties shall send to the Akwa Ibom Multi-Door Courthouse a Request for ADR as in Form A, which shall briefly state the nature of the dispute(s) and the value of the claim(s), accompanied by a copy of the Prior Agreement, the documents relied upon, the names, addresses, telephone, facsimile, telex and e-mail address (if known) of the parties to join the ADR, and of their legal representatives (if known).

RULE 2 – –

Where there is a Prior Agreement, the date of commencement of ADR shall be the date on which the Request for ADR is received at the Akwa Ibom Multi-Door Courthouse.

RULE 3 – –

Parties to a prior agreement to submit their dispute for alternative dispute resolution may file a Joint Request for ADR at the Multi-Door Court house.

RULE 3.1 – PAPERS ANNEXED: IN WHAT CASES.

Parties to a prior agreement to submit their dispute for alternative dispute resolution may file a Joint Request for ADR at the Multi-Door Court house.

RULE 3.2 – INSPECTION OF PAPERS ANNEXED.

Parties to a prior agreement to submit their dispute for alternative dispute resolution may file a Joint Request for ADR at the Multi-Door Court house.

RULE 3.3 – AMENDMENT OF PARTICULAR.

Parties to a prior agreement to submit their dispute for alternative dispute resolution may file a Joint Request for ADR at the Multi-Door Court house.

RULE 3.4 – AMENDMENT AT TRIAL.

Parties to a prior agreement to submit their dispute for alternative dispute resolution may file a Joint Request for ADR at the Multi-Door Court house.

RULE 4 – –

If the Request for any ADR process is not made jointly by all contracting parties to the dispute, the Multi-Door Courthouse shall immediately send a copy of the Request to the other party or parties and direct that a response to the request must be filed within ten days.

RULE 5 – –

The other party shall, within ten days of receiving such Request, notify the Multi-Door Courthouse in writing whether or not he agrees to the resolution of the dispute.

RULE 6 – –

In the event that the other party either declines to submit to ADR fails, refuses and or neglects to comply with Order 3 Rule (5) above, the Director shall immediately refer the matter to the ADR Judge and notify the parties in writing accordingly.


 Rules in ORDER 4 – WHERE THERE IS NO PRIOR AGREEMENT
RULE 1 – –

Where there is no Prior Agreement to submit dispute for ADR, the date of commencement of the ADR process shall be the date that such agreement is received in accordance with these rules.

RULE 2 – –

Parties affected by the provision of Order 3 Rule 2(1) shall comply with the filing procedures provided under Order 1 of these Rules.

RULE 3 – COURT MAY ORDER SEPERATE TRIALS, ETC.

(1) If claims in respect of two or more causes of action are included by a plaintiff in the same action or by a defendant in a counter-claim, or if two or more plaintiffs or defendants are parties to the same action, and it appears to the court that the joinder of such causes of action or of parties, as the case may be, may embarrass or delay trial or is otherwise inconvenient, the court may order separate trials or make such other order as may be expedient. (2) If it appears on the application of any party against whom a counter-claim is made that the subject matter of the counter-claim ought for any reason to be disposed of by a separate action, the court may order it to be tried separately or make such other order as may be expedient.


 Rules in ORDER 5 – INITIATING ADR BR REFERRALS
RULE 1 – –

Referral of matters to the Multi-Door Courthouse may be by any of the following ways: 1. A Judge of the High Court, Federal High Court, and Courts of other jurisdictions outside Akwa Ibom State, a Magistrate, the Chief Social Welfare Officer or any other officer exercising judicial authority may by order refer an ongoing matter before them to the Multi-Door Courthouse.

RULE 2 – –

Where the agreement of the parties provides for the use of any ADR mechanism, the court will enforce that clause in the agreement and refer the matter accordingly.

RULE 3 – –

Any of the parties to a dispute or counsel to such parties may at anytime even after filing or commencement of action in the court opt for the use of ADR at the Multi-Door Courthouse.

RULE 4 – –

The ADR Judge or the Director of the Multi-Door Courthouse, public institutions, corporations and other dispute resolution organisations.

RULE 5 – –

Any one involved in a dispute or a person who though not directly involved in the dispute has an interest in the dispute and is of the belief that the services of the Multi-door Courthouse will be beneficial.

RULE 6 – LEAVE TO ISSUE OUT OF JURISDUCTION.

Subject to the provisions of these rules or of any written law in force in the State, no writ or summons for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of Court or a Judge in chambers.

RULE 7 – PRINTING.

Writs of summons shall be printed on opaque foolscap size paper of good quality.

RULE 8.1 – FORMS OF WRIT.
RULE 8.2 – PROVISION FOR FRAMING ADDITIONAL FORMS.
RULE 9 – SEALING OF WRITS.

The sealing of any writ or process shall not be necessary in addition to the signature of the Registrar or other officer by whom the same shall be signed, except in cases where sealing may be expressly directed by these rules or any written law or Rule of Court, or by any prescribed form.

RULE 10 – ENDORSEMENT OF CLAIM.

Before a writ is issued it shall be endorsed:- (a) with a statement of claim or, if the statement of claim is not endorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby; (b) where the claim made by the plaintiff is for a debt or a liquidated demand only, with a statement of the amount claimed in respect of the debt or demand, and for costs.

RULE 11 – ENDORSEMENT AS TO CAPACITY.

(1) Before a writ is issued it shall be endorsed:- (a) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues; (b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued. (2) Before a writ is issued in an action brought by a plaintiff who in bringing it is acting by order or on behalf of a person resident outside the jurisdiction, it shall be endorsed with a statement of that fact and with the address of the person so resident.

RULE 12 – ENDORSEMENT AS TO LEGAL PRACTITIONER AND ADDRESS.

(1) Where a plaintiff sues by a legal practitioner, the writ shall be endorsed with the plaintiffs address and the legal practitioner’s name or firm and a business address of his within the jurisdiction and also, if the legal practitioner is the agent of another, the name or firm and business address of his principal. (2) Where the plaintiff sues in person, the writ shall be endorsed with:- (a) the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; (b) his occupation; and (c) an address for service.

RULE 13 – CONCURRENT WRIT.

(1) One or more concurrent writs may, at the request of the plaintiff,, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid. (2) Without prejudice to the generality of the provisions of paragraph (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one which, or notice of which, is to be served out of the jurisdiction; and a writ which or notice of which, is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction. (3) A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued.

RULE 14 – WRIT FOR SERVICE OUT OF JURISDICTION.

No writ which, or notice of which, is to be served out of the jurisdiction shall be issued without leave of the Court. Provided that if any claim made by a writ is one which by virtue of an enactment the Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provisions shall not apply to the writ.

RULE 15 – “ISSUE” WHEN EFFECTED.

Issue of a writ takes place upon its being signed by the Registrar or other officer of the Court duty authorised to sign the writ.

RULE 16 – DURATION AND RENEWAL.

(1) For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for twelve months beginning with the date of its issue, and a concurrent date of its issue, and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ. (2) Where a writ has not been served on a defendant, the court may by order extend the validity of the writ from time to time for such period, not exceeding twelve months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow. (3) Before a writ, the validity of which has been extended under this provision, is served, it shall be marked with an official stamp showing the period for which the validity of the writ has been so extended. (4) Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.


 Rules in ORDER 6 – MATTERS REFERRED BY COURTS
RULE 1 – –

Where the matter is referred by an Order of Court, Multi-Door Courthouse shall send a Notice to the parties or their legal representatives, and direct that they file four copies of their respective Brief Statements stating the nature of the dispute, the documents they intend to rely on and a list of witnesses they intend to call to support their issues. Parties shall file these documents within 10 days from the date of Notice referred to in Order 5 Rule (1).

RULE 2 – –

The Multi-Door Courthouse shall serve these statements on the respective parties in the matter and invite the parties and their legal representatives to a pre ADR meeting with a Dispute Resolution officer (DRO) to explain the process, explore settlement options and where necessary, advise on the most appropriate ADR Door and their right to choose a mediator outside of the Panel of Neutrals maintained at Multi-Door courthouse.

RULE 3 – –

The DRO shall fully comply with all pre hearing procedures provided under Order 2 of these Rules.

RULE 4 – ENDORSEMENT AS TO CAPACITY.

(1) Before an originating summons is issued it shall be endorsed:- (a) where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues; (b) where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued. (2) Before an originating summons is issued in an action brought by a plaintiff who in bringing it is acting by order or on behalf of a person resident outside the jurisdiction, it shall be endorsed with a statement of the fact and with the address of the person so resident.

RULE 5 – ENDORSEMENT AS TO LEGAL PRACTITIONER AND ADDRESS.

(1) Where a plaintiff sues by a legal practitioner, the originating summons shall be endorsed with the plaintiff’s address and the practitioner’s name or firm and a business address of his within the jurisdiction and also, if the legal practitioner is the agent of another, the name or firm and business address of his principal. (2) Where the plaintiff sues in person, the originating summons shall be endorsed with:- (a) the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; (b) his occupation; and (c) an address for service.

RULE 6 – CONCURRENT ORIGINATING SUMMONS.

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

RULE 7 – SUMMONS FOR SERVICE OUT OF JURISDICTION.

No originating summons which, or notice of which, is to be served out of the jurisdiction shall be issued without leave of the Court: Provided that if any claim by an originating summons is one which by virtue of an enactment the Court his power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction, the foregoing provisions shall not apply to the summons.

RULE 8 – “ISSUED” WHEN AFFECTED.

Issue of an originating summons takes place upon its being signed by the Registrar or other officer of the Court duly authorised to sign summonses.

RULE 9 – DURATION AND RENEWAL.

(1) For the purpose of service, an originating summons (other than a concurrent one) is valid in the first instance for twelve months beginning with the date of its issue and a concurrent originating summons is valid in the first instance for the period of validity of the original summons which is unexpired at the date of issue of the concurrent summons. (2) Where an originating summons has not been served on a defendant the court may by order extend the validity of the summons from time to time for such period, not exceeding twelve months at any one, time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow. (3) Before an originating summons, the validity of which has been extended under this provision, is served, it shall be marked with an official stamp showing the period for which the validity of the summons has been so extended. (4) Where the validity of an originating summons is extended by order made under this rule, the order shall operate in relation to any other summons (whether original or concurrent) issued in the same action which has not been served, so as to extend the validity of that other summon until the expiration of the period specified in the order.

RULE 10 – EX PARTE ORIGINATING SUMMONSES.

Rules 2(1) and 3(1) shall, so far as applicable, apply to an ex parte originating summons; but, save as aforesaid, the foregoing provisions of this Order shall not apply to ex-parte originating summonses.


 Rules in ORDER 7 – AMENDMENTS
RULE 1 – –

Parties may amend their claims at any time before the commencement of the ADR hearing session.

RULE 2 – –

Parties shall file four copies of the amendment at the Multi-Door Courthouse no later than 10 days to the date scheduled for the commencement of the ADR hearing session.

RULE 3 – –

The Multi-Door Courthouse shall promptly serve a copy of the amended claim on the other party.

RULE 4 – –

The other party shall file a response to the amended claim with Multi-Door Courthouse within 10 days from the date of service. No party shall amend or file a new claim after a settlement agreement has been reached.

RULE 5 – CERTAIN APPLICATIONS NOT TO BE MADE BY PETITION.

No application in any pending cause or matter may be made by petition.


 Rules in ORDER 8 – MODIFICATION AND EXTENSION OF TIME
RULE 1 – –

The parties may modify any period of time by mutual agreement.

RULE 2 – –

The Multi-Door Courthouse or the mediator may upon the application of a party and for good cause shown extend any period of time established by these rules where parties fail to mutually agree to an extension.

RULE 2.1 – APPLICATION BY MOTION.

The Multi-Door Courthouse or the mediator may upon the application of a party and for good cause shown extend any period of time established by these rules where parties fail to mutually agree to an extension.

RULE 2.2 – MOTION LIST.

The Multi-Door Courthouse or the mediator may upon the application of a party and for good cause shown extend any period of time established by these rules where parties fail to mutually agree to an extension.

RULE 3 – –

The Multi-Door Courthouse shall notify the parties of any extension of time granted in their matter.

RULE 4 – AFFIDAVIT TO BE SERVED WITH MOTION.

Where service of a motion is required by these rules or directed by Affidavit to the Court or Judge, such motion shall be served together with all affidavits on which the party moving intends to rely.

RULE 5 – HEARING OF MOTIONS.

A motion may be heard at any time while the Court is sitting.

RULE 6 – ADJOURNMENT.

The hearing of any motion may from time to time be adjourned upon such terms as the Court may deem fit.

RULE 7 – MOTION TO BE ON NOTICE, EXCEPT IN EMERGENCY.

(1) No motion shall be made without previous notice to the parties affected thereby. (2) Notwithstanding g paragraph (1), the Court, if satisfied that to delay the motion till after notice is given to the parties affected would entail irreparable damage or serious mischief to the party moving, may make an order ex parte upon such terms as to costs or otherwise and subject to such undertakings, if any, as the justice of the case demands.

RULE 8 – AFFIDAVIT IN SUPPORT OF EX PARTE MOTION.

A motion ex parte shall be supported by affidavit which, in addition to the requirements of rule 3, shall state sufficient grounds why delay in granting the order sought would entail irreparable damage or serious mischief to the party moving.

RULE 9 – ARGUMENTS ON MOTION.

Any party moving the Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence, and no party to the suit or proceeding, although present, other than the party moving shall be entitled to be then heard.

RULE 10 – ORDERS ON EX PARTE MOTIONS.

Where a motion is made ex parte, the Court may make, or refuse to make the order sought, or may grant an order to show cause why the order sought should not be made, or may direct the motion to be made on notice to the parties to be affected thereby.

RULE 11 – COURT MAY VARY OR DISCHARGE ORDER.

Where an order is made on a motion ex parte, any party affected by it may, within seven days after service of it, or within such further time as the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court, on notice of the party obtaining the order, either may refuse to vary or discharge it, or may vary or discharge it with or without imposing terms as to costs or security, otherwise, as seems just.

RULE 12 – RETURN-DAY TO BE SPECIFIED.

An order to show cause shall specify a day when cause is to be shown to be called the return-day to the Order which shall ordinarily be not less than three days after service.

RULE 13 – COUNTER EVIDENCE.

A person served with an order to show cause may, before the return-day, produce evidence to contradict the evidence used in obtaining the order, or setting forth other facts on which he relies to induce the Court to discharge or vary such order.

RULE 14 – FURTHER SERVICE IN CERTAIN CASES.

On the return-day, if the person served does not appear and it appears to the Court that the service on all proper parties has not been duly effected, the Court may enlarge the time and direct further service or make such other order as seems just.

RULE 15 – APPEARANCE OR PROOF OF SERVICE.

If the person served appears, or the Court is satisfied that service has been duly effected, the Court may proceed with the matter.

RULE 16 – GENERAL POWERS AS TO ORDERS.

The Court may either discharge the order or make the same absolute, or adjourn the consideration thereof, or permit further evidence to be produced in support of or against the order, and may modify the terms of the order so as to meet the merits of the case.

RULE 17 – NOTICE OF MOTION.

Unless the Court gives special leave to the contrary, there shall be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the motion.

RULE 18 – SERVICE OF NOTICE.

Notice of motion may, without leave of the Court, be served by any person, notwithstanding that such person is not an officer of the Court.

RULE 19 – SERVICE ON SOLICITOR.

Where a party acts by a solicitor, service of notice of motion on such solicitor shall be deemed good service on such party.

RULE 20 – COPY OF AFFIDAVIT TO BE SERVED WITH NOTICE.

Along with the notice of motion there shall be served a copy of any affidavit on which on the party moving intends to rely at the hearing of such motion.

RULE 21 – ORDER FOR SERVICE.

If at the hearing of any motion, the Court shall be of opinion that any person, to whom notice has not been given, ought to have or to have had such notice, the Court may either dismiss the motion, or adjourn the hearing thereof in order that such notice may be given, upon such terms as to the Court may seem fit.

RULE 22 – SERVICE WITH WRIT OF SUMMONS.

The plaintiff may, by leave of the Court, cause any notice of Service with motion to be served upon any defendant with the writ of summons.

RULE 23 – ORAL EVIDENCE.

Oral evidence shall not be heard in support of any motion unless by leave of the Court. Where the party moving is illiterate, the Court may direct evidence to be taken by the Registrar, or other fit officer of the Court, and the minutes of such evidence may be used as an affidavit.

RULE 24 – EVIDENCE IN ADDICTION TO OR IN LIEU OF AFFIDAVITS.

In addition to or in lieu of affidavits the Court may, if it thinks it expedient, examine any witness viva voce, or receive documents in evidence, and may summon any person to attend to produce documents before it, or to be examined or cross-examined before it in like manner as at the hearing of a suit.

RULE 25 – NOTICE TO PARTIES AND INTRESTED PERSONS.

Such notice as the Court in each case, according to the circumstances, considers reasonable, shall be given to the persons summoned, and to such persons (parties to the cause or matter or otherwise interested) as the court considers entitled to inspect the documents to be produced, or to examine the person summoned, or to be present at his examination, as the case may be.

RULE 26 – EVIDENCE, HOW TAKEN.

The evidence of a witness on any such combination shall be taken in like manner as nearly as may be as at the hearing of suit.

RULE 27 – AFFIDAVIT NOT FILED WITH MOTION PAPER.

Upon the hearing of any motion the Court may, on such terms as to cost and adjournment as it may deem fit, allow any additional affidavit to be used, after such affidavit has been duly filed and served on the opposite side.

RULE 28 – REGISTER TO HAVE POWERS OF A JUDGE.

A registrar hearing any application by virtue of the provisions of these Rules shall have and exercise all the powers conferred by these Rules on the Court or a Judge when dealing with such applications.

RULE 29 – ONLY REGISTRARS LEGALLY QUALIFIED TO HEAR APPLICATIONS.

No Registrar other than one who is also a qualified legal practitioner shall have the power to hear and determine any application which by these rules is conferred upon a Registrar.

RULE 30 – WHERE NO LEGALLY QUALIFIED REGISTRAR,JUDGE TO HEAR APPLICATION.

In any judicial division where there is no legally qualified Registrar, any application which by these rules is authorised to be determined by a Registrar shall be made to a Judge who in his absolute discretion may take such application in Court or in chambers.

RULE 31 – PERSONS DIS-SATISFIED WITH RULING OF REGISTRAR MAY APPLY TO COURT OR A JUDGE IN CHAMBERS.

(1) Upon the determination of any application by a Registrar, any party dissatisfied with the ruling or decision of the Registrar in the matter may within fourteen days of the decision or ruling apply to the Court or to a Judge in Chambers for a redress in the following manner and circumstances:- (a) where the aggrieved party is the mover of the application before the Registrar, he shall renew his application before the Court or a Judge; (b) where the aggrieved party is the respondent to the application before the Registrar, he shall apply to the Court or a Judge for an order setting aside the order of the Registrar about which he is dissatisfied. (2) (a) Any application under sub-paragraph (a) or (b) of paragraph (1) of this rule shall be supported by affidavit showing the grounds upon which redress is sought. (b) There shall be attached to the application a copy of the ruling or decision of the Registrar with which the party is dissatisfied and copies of all affidavits and documents used in support of the application before the Registrar.


 Rules in ORDER 9 – SUBMISSION OF FURTHER EVIDENCE AND CONFIDENTIAL DOCUMENTS
RULE 1 – –

Any party may send to the mediator (through the Multi-Door Courthouse) and/or bring to the dispute resolution session further information/documentation which such party wishes to disclose in confidence to the mediator but not to any other party.

RULE 2 – –

Such Party shall clearly indicate that such information/documentation is confidential to the mediator and/or the Multi-Door Courthouse.

RULE 3 – –

At any stage of the ADR process and before the parties reach a settlement agreement, the mediator may request a party to submit such additional information deemed appropriate for effective resolution of the dispute between the parties.

RULE 4 – SPECIAL TIME FOR FILING AFFIDAVITS.

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

RULE 5 – AFFIDAVIT IN SUPPORT OF EX PARTE APPLICATIONS.

Except by leave of the Court or a Judge in Chambers, no order made ex parte in Court founded on any affidavit shall be of any force unless the affidavit on which the application was made was actually made before the order was applied for, and produced or filed at the time of making the motion.

RULE 6 – NOTICE OF INTENTION TO USE AFFIDAVIT IN CHAMBERS.

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

RULE 7 – USE IN CHAMBERS OF AFFIDAVITS USED IN COURT.

All affidavits which have been previously made and read in Court upon any proceeding in a cause or matter may be used before the Judge in Chambers.

RULE 8 – ALTERATIONS IN ACCOUNTS TO BE INITIALLED.

Every alteration in an account verified by affidavit to be left at Chambers shall be marked with the initials of the commissioner before whom the affidavit is sworn, and such alterations shall not be made by erasure.

RULE 9 – EXHIBITS.

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

RULE 10 – CERTIFICATE ON EXHIBIT.

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

RULE 11 – APPLICATION OF EVIDENCE ACT.

Sections 77 to 89 of the Evidence Act which set out provisions governing affidavits, shall apply as if they were part of these rules.

RULE 12 – AFFIDAVIT TAKEN IN COMMONWEALTH COUNTRY ADMISSIBLE WITHOUT PROOF OF SEAL, ETC.

A document purporting to have affixed or impressed thereon or subscribed thereto the seal of signature of a court, Judge, Notary Public or person having authority to administer oath in any part of the Commonwealth outside Nigeria in testimony of an affidavit being taken before it or him in that part shall be admitted in evidence without proof of the seal or signature of that Court, Judge, Notary public or person.


 Rules in ORDER 10 – MATTERS IN DEFAULT
RULE 1 – –

Where either party fails, or refuses to file Form C or any other Pre-ADR requisite Forms, the Director may in his discretion either issue a Certificate of Default as in Form E and strike out the matter from the Multi-Door Courthouse list of pending cases or refer the matter to the ADR Judge as provided under Order 22 of these Rules. These actions shall be without prejudice to the rights of the parties to resume voluntary reconciliatory efforts or explore other settlement options.

RULE 2 – –

In the event that the parties are unable to agree on a neutral from the Panel of Neutrals maintained at Multi-Door Courthouse, the Director shall recommend reputable Neutrals outside the Panel to the parties. If the parties still are unable to agree on a Neutral, the Director may in his discretion, either terminate the matter and issue a Certificate of Default as in Form E to all parities concerned, or refer the matter to the ADR Judge as provided under Order 22 of these Rules. This shall be without prejudice to the rights of the parties to resume voluntary reconciliatory efforts or explore other settlement options.

RULE 3 – SUITS UPON CONTRACT.

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

RULE 4 – OTHER SUITS

All other suits shall be commenced and determined in the Judicial Division in which the defendant resides or carries on business or in which the cause of action arose. If there are more defendants than one resident in different Judicial Divisions, the suit may be commenced in any one of such Judicial Divisions; subject, however, to any order which the Court may, upon the application of any of the parties, or on its own motion, think fit to make with a view to the most convenient arrangement for the trial of such suit.

RULE 5 – SUITS COMMENCED IN WRONG DIVISION.

In case any suit shall be commenced in any other Judicial Division than that in which ought to have been commenced, the same may, notwithstanding, be tried in the Judicial Division in which it shall have been so commenced, unless the Court shall otherwise direct, or the defendant shall plead specially in objection to the jurisdiction or at the time when he is required to state this answer or to plead in such cause.

RULE 6 – TRANSFER OF PROCEEDINGS.

No proceedings which may have been taken previously to such plea in objection shall be in any way affected thereby; but the Judge shall order that the cause be transferred to the Judicial Division to which it may be proved to his satisfaction to belong, or, failing such proof, that it be retained and proceed in the court in which it has been commenced and such order shall not be subject to appeal.


 Rules in ORDER 11 – REPRESENTATION
RULE 1 – –

If a party is a natural person, the party must attend the ADR sessions in person.

RULE 2 – –

If not a natural person, the party must be represented at the ADR session by a person with full authority to enter into and sign agreements upon settlement of the dispute which shall be binding on the party represented.

RULE 3 – –

The Mediator may in some cases require that such authority be in writing and signed by the party being represented.

RULE 4 – –

Each party may also appoint one or more other persons including legally qualified persons to assist and advise the party before and during the ADR sessions and to perform such roles at the ADR sessions as the party requires.

RULE 5 – NONJOINDER.

If it shall appear to the Court, at or before the hearing of a suit, that all the persons who may be entitled to, or whom claim some share or interest in the subject matter of the suit, or who may be likely to be affected by the results, have not been made parties, the Court may adjourn the hearing of the suit to a future day, to be fixed by the Court, and direct that such persons shall be made either plaintiffs or defendants in the suit, as the case may be. In such case the Court shall issue a notice to such persons which shall be served in the manner provided by these rules for the service of a writ of summons or in such other manner as the Court thinks fit to direct; and on proof of the due service of such notice, the person so served, whether he shall have appeared or not, shall be bound by all proceedings in the cause: Provided that a person so served, and failing to appear within the time limited by the notice for his appearance, may at any time before judgment in the suit, apply to the Court for leave to appear, and such leave may be given upon such terms (if any) as the Court shall think fit.

RULE 5.2 – MISJOINDER OF PARTIES.

If it shall appear to the Court, at or before the hearing of a suit, that all the persons who may be entitled to, or whom claim some share or interest in the subject matter of the suit, or who may be likely to be affected by the results, have not been made parties, the Court may adjourn the hearing of the suit to a future day, to be fixed by the Court, and direct that such persons shall be made either plaintiffs or defendants in the suit, as the case may be. In such case the Court shall issue a notice to such persons which shall be served in the manner provided by these rules for the service of a writ of summons or in such other manner as the Court thinks fit to direct; and on proof of the due service of such notice, the person so served, whether he shall have appeared or not, shall be bound by all proceedings in the cause: Provided that a person so served, and failing to appear within the time limited by the notice for his appearance, may at any time before judgment in the suit, apply to the Court for leave to appear, and such leave may be given upon such terms (if any) as the Court shall think fit.

RULE 6 – JOINT AND SEVERAL DEMAND.

Where a person has a joint and several demand against more persons than one, either as principals or sureties, it is not necessary for him to bring before the Court as parties to a suit concerning that demand all the persons liable thereto, and he may proceed against any one or more of the persons severally or jointly and severally liable.

RULE 7 – SUIT ON BEHALF OF OTHERS.

If the plaintiff sues, or any defendant counterclaims, in any representative capacity, it shall so be expressed on the writ. The Court may order any of the persons represented to be made parties either in lieu of, or in addition to, the previously existing parties.

RULE 8 – WHERE JOINT INTEREST, PARTIES MAY BE AUTHORISED TO SUE OR DEFEND FOR OTHERS.

Where more persons than one have the same interest in one suit, one or more of such persons may, the approval of the Court, be authorised by the other persons interested to sue or to defend in such suit for the benefit of or on behalf of all parties so interested.

RULE 9 – PARTNERS.

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

RULE 10 – INFANTS AS PARTIES.

Infants may sue as plaintiffs by their next friends and may defend by guardians appointed for that purpose.

RULE 11 – LUNATICS ETC.

Lunatics and persons of unsound mind may respectively sue as plaintiffs by their committees or next friends, and may in like manner defend any action by their committees or guardians appointed for that purpose.

RULE 12 – APPEARANCE BY INFANT.

An infant shall not enter an appearance except by his guardian ad litem. No order for the appointment of such guardian shall be necessary if the legal practitioner applying to enter such appearance shall make and file an affidavit in Form 14 in the Appendix with such variations as circumstances may require. This provision shall also apply in cases where an infant is served with a petition or notice of motion, or a Summons, in any matter.

RULE 13 – NEXT FRIEND.

Before the name of any person shall be used in any action as next friend of any infant or other party, or as a relation, such person shall sign a written authority for that purpose, and the authority shall be filed in the Registry.

RULE 14 – TRUSTEES, EXECUTORS, ETC.,MAY BE SUED AS REPRESENTING THE ESTATE.

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

RULE 15 – WHERE DEFENDANT ADDED.

Where a defendant is added or substituted, the writ of summons shall be amended accordingly and the plaintiff shall, unless otherwise ordered by the Court or a Judge in Chambers, file an amended writ and cause the new defendant to be served in the same manner as original defendants are served and the proceedings shall be continued as if the new defendant had originally been made a defendant.

RULE 16 – APPLICATION TO ADD OR STRIKE OUT PARTY.

Any application to add or strike out or substitute a plaintiff or defendant may be made to the court or a Judge in Chambers at any time before trial by motion or summons, or in a summary manner at the trial of the action.

RULE 17.1 – THIRD PARTY NOTICE.
RULE 17.2 – HOW LEAVE OBTAINED.
RULE 18 – FORM AND ISSUE OF NOTICE.

(1) The notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed. It shall be in accordance with Form 23 or Form 24 with such variations as circumstances may require, and shall be sealed and served on the third party in the same manner as a writ of summons is sealed and served. (2) The notice shall, unless otherwise ordered by the Court or by a Judge in Chambers, be served within the time limited for delivering the defence, or, where the notice is served by a defendant to a counter-claim, the reply, and with it also shall be served a copy of the writ of summons or originating summons and of any pleadings filed in the action.

RULE 19 – ELFECT OF NOTICE.

The third party shall, as from the time of the service upon him of the notice, be a party to the action with the same rights in respect of his defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant.

RULE 20 – APPEARANCE.

The third party may enter an appearance in the action within eight days from service or within such further time as may be directed by the Court or Judge in Chambers as specified in the notice (where the third party is served in Nigeria outside the jurisdiction of the High Court of the State, the period for entering appearance shall be at least thirty days): Provided that a third party failing to appear within such time may apply to the Court or Judge in Chambers for leave to appear, and such leave may be given upon such terms, if any, as the Court or Judge in Chambers, shall think fit.

RULE 21 – DEFAULT BY THIRD PARTY.

If a third party duly served with a third party notice does not enter an appearance or makes default in filing any pleading which he has been ordered to file he shall be deemed to admit any claim stated in the third party notice and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein or any question specified in the action, and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy.

RULE 22 – PROCEDURE AFTER DEFAULT.

Where a third party makes default in entering an appearance or filing any pleading which he had been ordered to file and the defendant giving the notice suffers judgment by default, such defendant shall be entitled at any time, after satisfaction of the judgment against himself, or before such satisfaction by leave of the Court or a Judge in Chambers, to enter judgment against the third party to the extent of any contribution or indemnity claimed in the third party notice, or by leave of the Court or a Judge in Chambers to enter such judgment in respect of any other relief or remedy claimed as the Court or a Judge in Chambers shall direct. Provided that it shall be lawful for the Court or a Judge in Chambers to set aside or vary such judgment against the third party upon such terms as may seem just.

RULE 23 – THIRD PARTY DIRECTIONS.

(1) If the third party enters an appearance, the defendant giving notice may, after notice of the intended application has been served upon the plaintiff, the third party and on any other defendant, apply to the Court or a Judge in Chambers for directions, and the Court or Judge in Chambers may:- (a) where the liability of the third party to the defendant giving the notice is established on the hearing of the application, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant giving the notice; or (b) if satisfied that there is a question or issue properly to be tried as between the plaintiff and the defendant and the third party or between any or either of them as to the liability of the defendant to the plaintiff or as to the liability of the third party to make any contribution or indemnity claimed, in whole or in part, or as to any other relief or remedy claimed in the notice by the defendant or that a question or issue stated in the notice should be determined not only as between the plaintiff and the defendant but as between the plaintiff, the defendant and the third party or any or either of them, order such question or issue to be tried in such manner as the Court or Judge in Chambers may direct; or (c) dismiss the application. (2) Any directions given pursuant to this rule may be given either before or after any judgment has been entered in favour of the plaintiff against the defendant in the action, and may be varied from time to time and may be rescinded. (3) The third party proceedings may at any time be set aside by the Court or a Judge in Chambers.

RULE 24 – LEAVE TO DEFEND.

The Court or a Judge in Chambers upon the hearing of the application for directions may, if it shall appear desirable to do so, give the third party liberty to defend the action either alone or jointly with the original defendant upon such terms as may be just; or to appear at the trial and take such part therein as may be just, and generally may order such proceedings to be taken, pleadings or documents to be filed, or amendments to be made, and give such directions as to the Court or Judge in Chambers shall appear proper for having the question and the rights and the liabilities of the parties most conveniently determined and enforced, and as to the mode and extent in or to which the third party shall be bound or made liable by the decision or judgment in the action.

RULE 25.1 – AT TRIAL OR AFTER.
RULE 25.2 – WHEN NO TRIAL.
RULE 26 – PERSON TRADING AS FIRM.

Any person carrying on business within the jurisdiction in a name or style other than his 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 provisions relating to proceedings against firms shall apply.

RULE 27 – PROBATE INTERVENTION.

In probate actions, any person not named in the writ may intervene and appear in the action on filing an affidavit showing how he is interested in the estate of the deceased.

RULE 28 – RECOVERY OF LAND.

Any person not named as a defendant in a writ or summons for the recovery of land may by leave of the Court or Judge in Chambers appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or by his tenant.

RULE 29 – LANDLORD APPEARING.

Any person appearing to defend an action for the recovery of land as landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord.

RULE 30 – RECOVERY OF LAND, PERSON NOT NAMED DEFENDANT: FEES.

Where a person not named as defendant in any writ of summons for the recovery of land has obtained leave of the Court or a Judge in Chambers to appear and defend, he shall enter an appearance, according to the foregoing rules of this Order, and shall forthwith pay the proper fees for notice of such appearance to be given by the Registrar to the plaintiffs legal practitioner, or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the action.

RULE 31 – PLAINTIFF TO ASSIGN PLACE FOR SEVICE.

Where a plaintiff, on whose behalf or by whom a suit is instituted or carried on, either alone or jointly with another person, is out of the jurisdiction, or is only temporarily therein, he shall assign a fit place within the jurisdiction where notices or other papers issuing from the Court may be served on him.

RULE 32 – COURT MAY REQUIRE SECURITY IN RESPECT OF COUNTERCLAIM.

If it shall be made to appear on oath or affidavit to the satisfaction of the Court that the defendant has a bona fide counter-claim against such plaintiff 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 plaintiff until he shall have provided such security to comply with the orders and judgment of the Court with respect to such counter-claim as the Court shall think fit.

RULE 33 – ACT MAY BE DONE BY LEGAL PRACTITIONER OR AGENT.

Where by these rules any act may be done by any party in an action, such act may be done either by the party in person, or by his legal practitioner, or by his agent (unless an agent is expressly debarred under these rules or any written law in force in the State).

RULE 34 – WHERE CHANGE OF INTEREST, COURT MAY MAKE ORDER ENABLING SUIT TO PROCEED.

(1) Where after the institution of a suit any change or transmission of interest or liability occurs in relation to any party to the suit, or any party to the suit dies or becomes incapable of carrying on the suit, or the suit in any other way becomes defective or incapable of being carried on, any person interested may obtain from the Court any order requisite for curing the defect etc, or enabling or compelling proper parties to carry on the proceedings. (2) But any persons served with such an order may, within such time as the Court in the order directs, apply to the Court to discharge or vary the order.

RULE 35 – WHEN SUIT DOES NOT ABATE.

The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives.

RULE 36 – WHEN CAUSE OF ACTION SURVIVES.

If there be two or more plaintiffs or defendants, and one of them dies, and if the cause of action survives, the surviving plaintiff or plaintiffs alone or against the surviving defendant or defendants alone, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and against the surviving defendant or defendants.

RULE 37 – WHEN CAUSE OF ACTION ACCRUES TO SURVIVORS.

If there be two or more plaintiffs and one of them dies, and if the cause of action shall not survive the surviving plaintiff or plaintiffs alone, but shall survive them and the legal representative of the deceased plaintiff jointly, the Court may, on the application of the legal representative of the deceased plaintiff, enter the name of such representative in the suit in the place of such deceased plaintiff, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs and such legal representative of the deceased plaintiff. If no application shall be made to the Court by any person claiming to be the legal representative of the deceased plaintiff the suit shall proceed at the instance of the surviving plaintiff or plaintiffs; and the legal representative of the deceased plaintiff shall, after notice to appear, be interested in, and shall be bound by the judgment given in the suit, in the same manner as if the suit had proceeded at his instance co-jointly with the surviving plaintiff or plaintiffs, unless the Court shall see cause to direct otherwise.

RULE 38 – DEATH OF SOLE OF SURVIVING PLAINTIFF.

In case of the death of a sole plaintiff, or sole surviving plaintiff the Court may, on the application of the legal representative of such plaintiff, enter the name of such representative in the place of such plaintiff in the suit, and the suit shall thereupon proceed; if no such application shall be made to the court within what it may consider a reasonable time by any person claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff, it shall be competent for the court to make an order that the suit shall abate, and to award to the defendant the reasonable cost which he may have incurred in defending the suit, to be recovered from the estate of the deceased sole plaintiff or surviving plaintiff; or the Court may, if it thinks proper on the application of the defendant and upon such terms as to costs as may seem just, make such order for bringing in the legal representative of the deceased sole plaintiff or surviving plaintiff, and for proceeding with the suit to a final determination of the matters in dispute, as may appear just and proper in the circumstances of the case.

RULE 39 – DISPUTES AS TO LEGAL REPRESENTATIVE.

If any dispute arises as to who is the legal representative of a deceased plaintiff, it shall be competent to the court either to stay the suit until the fact has been duly determined in another suit, or to decide at or before the hearing of the suit who shall be admitted to be such legal representative for the purpose of prosecuting that suit.

RULE 40 – DEATH OF ONE OF SEVERAL DEFENDANTS OR OF A SOLE OR SURVIVING DEFENDANTS.

If there be two or more defendants and when one of them dies the cause of action survives but does not survive against the surviving defendant or defendants alone, and also in the case of death of a sole defendant, or sole surviving defendant, where the action survives, the plaintiff may make an application to the court, specifying the name, description and place or abode of any person whom the plaintiff alleges to be the legal representative of such defendant and whom he desires to be made the defendant in his stead; and the Court shall thereupon enter the name of such representative in the suit in the place of such defendant, and shall issue an order to him to appear on a day to be therein mentioned to defend the suit and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant, and had been a party to the former proceedings in the suit.

RULE 41 – BANKRUPTCY OF PLAINTIFF.

The bankruptcy of the plaintiff, in any suit which the assignee or trustee might maintain for the benefit of the creditors, shall not be a valid objection to the continuance of such suit, unless the assignee or trustee shall decline to continue the suit, or shall neglect or refuse to give security for the costs thereof, within such reasonable time as the Court may order; if the assignee or trustee neglects or refuses to continue the suit and to give such security within the time limited by the order, the defendant may, within eight days after such neglect or refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.

RULE 42 – LEGAL PRACTITIONER OF PLAINTIFF TO GIVE NOTICE OF ABATEMENT.

Where any cause or matter becomes abated or in the case of any such change of interest as is by these rules provided for the legal practitioner for the plaintiff or person having the conduct of the cause or matter, as the case may be, shall certify the fact to the registrar, who shall cause an entry thereof to be made in the Cause Book opposite to the name of such cause or matter.

RULE 43 – ABATED CAUSES, ETC. TO BE STRUCK OUT.

Where any cause or matter shall have been standing for one year in the Cause Book as “abated” or standing over generally, such cause or matter at the expiration of the year shall be struck out of the Cause Book.


 Rules in ORDER 12 – DATE, TIME, PLACE OF MEDIATION
RULE 1 – –

The mediator shall fix the date and time of each ADR session. The ADR Sessions may be held at the Multi-Door Courthouse office or at such other suitable venue as the parties and the mediator shall agree.

RULE 2 – –

Where the parties choose to hold ADR sessions at locations outside the venue provided by Multi-Door Courthouse, they shall be responsible for any costs arising there from.

RULE 3 – –

Parties must be advised of the foregoing obligation in writing by Multi-Door Courthouse prior to the use of such venue for the ADR sessions.

RULE 4 – SPECIAL BAILIFF.

The Court may in any civil case, for reasons which shall seem to it sufficient, appoint any process to be executed by a special bailiff, who for the time being shall have the privileges and liabilities of an officer of court. The expense of such special bailiff shall be defrayed by the party on whose application he is appointed unless the Court in any case sees reason to vary this rule.

RULE 5 – SUBSTITUTED SERVICE.

Where it appears to the Court (either after or without an attempt at personal service) that for any reason personal service cannot be conveniently effected, the court may order that service be effected either:- (a) by delivery of the document to some adult inmate at the usual or last known place of abode or business of the person to be served; or (b) by delivery thereof to some person being an agent of the person to be served, or to some other person, on it being proved that there is reasonable probability that the document would in the ordinary course, through that agent or other person, come to the knowledge of the person to be served; (c) by advertisements in the State Gazette, or in some newspapers circulating within the jurisdiction; or (d) by notice put up at the principal court-house of, or some other place of public resort in, the Judicial Division wherein the proceeding in respect of which the service is made is instituted, or at the usual or last known place of abode, or of business, of the person to be served.

RULE 6 – SERVICE ON EMPLOYEE OF A GOVERNMENT.

When a party to be served is in the service of any Ministry or Department of Government or of a Local Government, the Court may transmit the document to be served and a copy thereof to the senior officer of the Department of Government in the Judicial Division or place where the party to be served works or resides or to the Local Government in whose service is the party to be served, and such officer, or Local Government shall cause the same to be served on the proper party accordingly.

RULE 7 – SERVICE ON PARTNERS. FORM 17

Where the partners are sued in the name of their firm, the writ or other document shall be served either upon any one or more of the partners, or at the principal place within the judicial division of the business of the partnership upon any person having at the time of the service the control or management of the partnership business there; and such service shall be deemed good service upon the firm.

RULE 8 – SERVICE ON CORPORATION OR COMPANY. FORM 18.

When the suit is against a corporation or a company authorized to sue and be sued in its name or in the name of an officer or trustee, the writ or other document may be served, subject to the enactment establishing such corporation or company or under which it is registered, as the case may be, by giving the same to any director, secretary, or other principal officer, or by leaving it at the office of the corporation or company.

RULE 9 – SERVICE ON BOARD SHIP.

Where the person on whom service is to be effected is living or serving on board of any ship, it shall be sufficient to deliver the writ or other document to the person on board who is at the time of such service apparently in charge of such ship.

RULE 10 – SERVICE ON PRISONERS AND LUNATICS.

Where the person on whom service is to be effected is a prisoner in a prison, or a lunatic in any asylum, it shall be sufficient service to deliver the writ or other document at the prison or asylum to the superintendent or person appearing to be the head officer in charge.

RULE 11 – SERVICE ON INFANTS.

Where an infant is a party to an action, service on his father or guardian, or if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Court or a Judge in Chambers otherwise orders, be deemed good personal service on the infant. Provided that the Court may order that service made or to be made on an infant personally shall be deemed good service.

RULE 12 – SERVICE ON LOCAL AGENT OF PRINCIPAL WHO IS OUT OF JURISDICTION.

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

RULE 13 – SERVICE OF WRIT OUT OF JURISDICTION.

Service out of jurisdiction of a writ or summons or notice of a writ of summons may be allowed by the Court or a Judge in Chambers whenever:- (1) the whole subject matter of the action is land situate within the jurisdiction (with or without rents or profits); or (2) any act, deed, will, contract, obligation, or liability affecting land, or hereditaments situate within the jurisdiction, is sought to be construed rectified, set aside, or enforced in the action; or (3) any relief is sought against any person domiciled, or ordinarily resident, within the jurisdiction; or (4) the action is for the administration of the personal estate of any deceased person, who at the time of his death was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction of the trusts of any written instrument, which ought to be executed according to the law in force in the jurisdiction; or (5) the action is one brought against the defendant to enforce, rescind, dissolve, annul or otherwise affect a contract or to recover damages or other relief for or in respect of a breach of a contract:- (a) made within the jurisdiction; or (b) made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction; or (c) by its terms or by implication to be governed by the law in force in the jurisdiction, or is brought against the defendant in respect of a breach committed within the jurisdiction of a contract wherever made, even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction; or (6) the action is founded on a tort or other civil wrong committed within the jurisdiction; or (7) any injunction is sought as to any thing to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in a respect thereof; or (8) any person out of jurisdiction is a necessary or proper party to an action properly brought against some other party within the jurisdiction; or (9) the action is by a mortgage or mortgagor in relation to a mortgage of property situate within the jurisdiction and seeks relief of the nature or kind following, that is to say: sale, foreclosure, delivery of possession by the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee; but does not seek (unless and except so far as permissible under paragraph (5) of this rule), any personal judgment or order for payment of any moneys due under the mortgage; or (10) the action is one brought under any law relating to carriage by air or under regulations made in pursuance of any such law.

RULE 14 – INTERPRETATION.

“Out of Jurisdiction” in this Order means out of the Federal Republic of Nigeria.

RULE 15 – APPLICATION TO BE SUPPORTED BY AFFIDAVIT.

Every application for leave to serve such writ or notice on a defendant out of the jurisdiction shall be supported by affidavit or other evidence stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a Commonwealth citizen or not, and the grounds upon which the application is made, and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or a Judge in Chambers that the case is a proper one for service out of the jurisdiction under these rules.

RULE 16 – ORDER TO FIX TIME FOR APPEARANCE.

Any order giving leave to effect such service or give such notice shall limit a time after such service or notice within which such defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served or the notice given, and on whether the air mail is available to such defendant.

RULE 17.1 – NOTICE OF WRIT.
RULE 17.2 – SERVICE OF NOTICE.
RULE 18 – SERVICE OF ORIGINATING SUMMONS,ETC. FORM 19

(1) Service out of the jurisdiction may be allowed by the Court or a Judge in Chambers of the following processes or of notices thereof; that is to say:- (a) an originating summons, where the proceedings begun by an originating summons might have been begun by a writ of summons within these rules; (b) any originating summons, petition, notice of motion or other originating proceedings:- (i) in relation to any infant or lunatic or person of unsound mind; or (ii) under any law or enactment under which proceedings can be commenced otherwise than by writ of summons; or (iii) under any Rule of Court whereunder proceedings can be commenced otherwise than by writ of summons; (c) without prejudice to the generality of the last foregoing paragraph, any summons, order or notice in any interpleader proceedings or for the appointment of an arbitrator or umpire or to remit, set aside, or enforce an award in an arbitration held or to be held within the jurisdiction; (d) any summons, order or notice in any proceedings duly instituted whether by writ of summons or order such originating process as aforesaid. (2) Where the person on whom an originating summons, petition, notice of motion, or other originating proceedings or a summons, order, or notice, to served is neither a Commonwealth citizen nor residing within the Commonwealth countries, a copy of the document concerned shall be served, together with an intimation in writing that a process in the form of the copy has been issued or otherwise launched. (3) The provisions of rules 15, 16, and 17(2) of this order shall apply mutatis mutandis to service under this rule.

RULE 19 – SERVICE ABROAD OF MATTER BY REQUEST.

Where leave is given to serve a writ of summons or a notice of a writ or summons in any foreign country other than a country with which a convention in that behalf has made, the following procedure may be adopted:- (a) the document to be served shall be sealed with the seal of the court for use out of the jurisdiction, and shall be transmitted to the permanent Secretary to the Ministry of Justice by the Chief Registrar on the direction of the Chief Judge, together with a copy thereof translated into the language of the country to which service is to be effected and with a request for transmission to the Minister responsible for External Affairs for the further transmission of the same to the Government of the country in which leave to serve the document has been given. Such request shall be in Form 7 in the Appendix with such variations as circumstances may require; (b) the party bespeaking a copy of a document for service under this section shall, at the time of bespeaking the same, file a praecipe in Form 8 of the Appendix; (c) an official certificate, or declaration upon oath or otherwise, transmitted through the diplomatic channels by the Government or Court of a foreign country to which this provision applies, to the Court, shall, provided that it certifies or declares the document to have been personally served, or to have been duly served upon the defendant in accordance with the law of such foreign country, or words to that effect, be deemed to be sufficient proof of such service, and shall be filed as record of, and be equivalent to, an affidavit of service within the requirements of these rules in that behalf; (d) where an official certificate or declaration, transmitted to the Court in manner provided in the last preceding paragraph certifies or declares that efforts to serve a document have been without effect, the Court or a Judge may, upon the ex parte application of the plaintiff, order substituted service of such document, and the document and copy of the same, and the order shall be sealed and transmitted to the Permanent Secretary to the Ministry of Justice in manner aforesaid together with a request in Form 9 of the Appendix, with such variations as circumstances may require. Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which when lands, funds, chooses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without affecting to exercise jurisdiction, over any person out of the jurisdiction cause such person to be informed of the nature or existence of the proceedings with a view to such person having an opportunity of claiming, opposing or otherwise intervening.

RULE 20 – SERVICE OUT OF THE JURISDICTION UNDER THE CIVIL AVIATION ACT.

(1) Where, for the purposes of an action under a law relating to carriage by air, leave is given to serve a notice of writ of summons upon a high contracting party to the Convention other than Nigeria, the provisions of this rule shall apply. (2) The notice shall specify the time for entering an appearance as limited in pursuance of rule 16. (3) The notice shall be sealed with the seal of the Court for service out of the jurisdiction, and shall be transmitted to the Ministry of Justice, together with a copy thereof translated into the language of the country of the defendant, and with a request for transmission to the Minister responsible for External Affairs for further transmission of the same to the Government of that country. (4) The request shall be in Form 10 in the Appendix, with such variations as circumstances may require. (5) The party bespeaking a copy of a document for service under this rule shall at the time of bespeaking the same file a praecipe in Form 9 in the Appendix. (6) An official certificate from the Minister responsible for External Affairs transmitted by the Ministry of Justice or otherwise to the Court. certifying that the notice was delivered on a specified date to the Government of the country of the defendant shall be deemed to be sufficient proof of service and shall be filed as record of, and be equivalent to, an affidavit of service within the requirements of these rules in that behalf. (7) After entry of appearance by the defendant, or if no appearance is entered, after expiry of the time limited for appearance, the action may proceed to judgment in all respects as if the defendant had for the purposes of the action waived all privileges and submitted to the jurisdiction of the Court. (8) Where it is desired to serve or deliver a summons, order or notice in the proceedings on the defendant out of the jurisdiction, the provisions of this rule shall apply with such variation as circumstances may require.

RULE 21 – SERVICE OF DOCUMENTS ABROAD.

21. Where leave is given in a civil cause or matter or where such leave is not required, and it ii desired to serve any writ of summons, originating summons, notice, or other document in any foreign country with which a Convention in that behalf has been or shall be made, the following procedure shall, subject to any special provisions contained in the Convention, be adopted:- (a) the party bespeaking such service shall file in the registry a request in Form 8 or Form 66 in the Appendix, which form may be varied as may be necessary to meet the circumstances of the particular case, in which it is used. Such request shall state the medium through which it is desired the service shall be effected, i.e., whether:- (i) directly through diplomatic channels; or (ii) through the foreign judicial authority, and shall be accompanied by the original document and a translation thereof in the language of the country in which service is to be effected, certified by or on behalf of the person making the request and a copy of each for every person to be served and any further copies which the convention may require (unless the service is required to be made on a Nigerian subject directly through diplomatic channels in which case the translation and copies thereof need not accompany the request unless the Convention expressly requires that they should do so); (b) the documents to be served shall be sealed with the seal of the Court for use out of the jurisdiction and shall be forwarded by the Registrar to the Permanent Secretary for External Affairs for transmission to the foreign country; (c) an official certificate, transmitted through diplomatic channels by the foreign judicial authority, or by a Nigerian Diplomatic Agent to the Court, establishing the fact and the date of the service of the document, shall be deemed to be sufficient proof of such service, and shall be filed as record of, and be equivalent to, an affidavit of service within the requirements of these rules in that behalf.

RULE 22 – SAVING FOR OTHER MODES OF SERVICE.

Rule 21 shall not apply to or render invalid or insufficient any mode of service in any foreign country with which a Convention has been or shall be made which is otherwise valid or sufficient according to the procedure of the Court and which is not expressly excluded by the Convention made with such foreign country.

RULE 23 – AIR MAIL.

The Court or Judge, in giving leave to serve a document out of the jurisdiction under these rules, may in an appropriate case direct that the air mail service shall be used by the party effecting service.

RULE 24 – SERVICE FOR FOREIGN TRIBUNALS.

Where in any civil cause or matter pending before a court or tribunal in any foreign country with which a Convention in that behalf has been or shall be made, a request for service of any document on a person within the jurisdiction is received by the Chief Judge from the consular or other authority of such country the following procedure shall, subject to any special provisions contained in the Convention, be adopted:- (a) the service shall be effected by the delivery of the original or a copy of the document, as indicated in the request, and the copy of the transmission, to the party or person to be served in person by an officer of the court, unless the Court or a Judge in Chambers thinks fit otherwise to direct; (b) no court fees shall be charged in respect of the service. The particulars of charges of the officer employed to effect service shall be submitted to the Chief Registrar of the Court who shall certify the amount properly payable in respect thereof; (c) the Chief Judge shall transmit to the consular or other authority making the request a certificate establishing the fact and the date of the service in person, or indicating the reason for which it has not been possible to effect it, and at the same time shall notify the said consular or other authority the amount of the charges certified under paragraph (b) hereof.

RULE 25 – SUBSTITUTED SERVICE.

Upon the application of the Attorney-General, the Court or a Judge in Chambers may make all such order for substituted service otherwise as may be necessary to give effect to rules 13 to 23.

RULE 26 – ORDER THEREON

Any order giving leave to effect service out of the jurisdiction shall prescribe the mode of service, and shall limit a time after such service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served, and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.

RULE 27 – WHERE VIOLENCE THREATENED.

Where the officer of Court or person charged with the service of any writ or document or any person is prevented by the violence or threats of such person, or any other person is concert with him, from personally serving the writ or documents, it shall be sufficient to inform the person to be served of the nature of the writ or document as near such person as practicable.

RULE 28 – AFFIDAVIT OF SERVICE

In all cases where service of any writ or document shall have been effected by a bailiff or other officer of Court an affidavit of service sworn to by such bailiff or other officer shall on production, without proof of signature, be prima facie evidence of service.

RULE 29 – EXPENSES OF SERVICE.

The costs of and incidental to the execution of any process in a suit shall be paid in the first place by the party requiring such execution, and the sheriff shall not (except by order of the court) be bound to serve or execute any process unless the fees and reasonable expenses thereof shall have been previously paid or tendered to him.

RULE 30 – SERVICE ON SUNDAY OR PUBLIC HOLIDAY.

Service shall not be made on a Sunday or public holiday, unless the Court directs otherwise by order endorsed on the document to be served.

RULE 31 – RECORDING OF SERVRCE.

A book shall be kept at every Court for recording service or process, in such forms as the Chief Judge may direct, in which shall be entered by the officer serving the process, or by the registrar, the names of the plaintiff or complainant and the defendant, the particular court issuing the process, the method, whether personal or otherwise, of the service, and the manner in which the person serving ascertained that he served the process on the right person, and where any process shall not have been duly served, then the cause of failure shall be stated and every entry in such book or an office copy of any entry shall be prima facie evidence of the several matters therein stated.


 Rules in ORDER 13 – THE ADR HEARING SESSION
RULE 1 – –

The mediator clarifies the process and establishes ground rules.

RULE 2 – –

Each party shall present his case starting with the party that initially filed the Request for ADR.

RULE 3 – –

A party may call witnesses including expert witnesses and present documents to support the case.

RULE 4 – –

Parties may cross examine witnesses presented by the other side.

RULE 5 – –

Mediators may ask the parties and witnesses questions.

RULE 6 – –

The mediator is authorised to conduct joint and private meetings with the parties. (called Caucuses)

RULE 7 – –

No formal record or transcript of the ADR sessions will be made without the prior consent of the parties.

RULE 8 – –

If the parties are unable to reach a settlement at the ADR sessions and if all the parties, or their Representative so request and the mediator agrees, the mediator may produce for the parties a non-binding written proposal in terms of settlement.

RULE 9 – –

The proposed settlement terms must not attempt to anticipate what a court might order, or set out what the mediator suggests as appropriate settlement terms within the circumstances.


 Rules in ORDER 14 – APPOINTMENT OF A MEDIATOR
RULE 1 – –

There shall be a single mediator appointed unless the parties and the Multi-Door Courthouse agree otherwise.

RULE 2 – –

If the parties mutually agree on a mediator or the contract between them designates one or specifies a method of appointing a mediator, that designation or method shall be followed.

RULE 3 – –

In the event that the parties are unable to agree within a reasonable time from the date of the notice initiating the ADR process, on who should serve as the mediator, (or any issue concerning the conduct of the ADR), the Multi-Door Courthouse shall, at the request of either party, decide the issue for the parties, after due consultations with them.

RULE 4 – –

The Multi-Door Courthouse shall appoint another mediator if both parties are not satisfied with the appointed mediator or if the appointed mediator is not available for immediate service.

RULE 5 – DEFAULT OF APPEARANCE IN ACTIONS NOT SPECIALLY PROVIDED FOR.

In all actions not specially provided for in this Order, if the defendant fails to enter appearance within the stipulated time, the plaintiff may apply for the case to be set down for hearing, and upon such hearing, the Court may give any judgment that the plaintiff appears to be entitled to on the facts.

RULE 6 – SETTING ASIDE JUDGEMENT.

Where judgment is entered pursuant to any of the preceding rules of this Order, it shall be lawful for the Court or a Judge in Chambers to set aside or vary such judgment upon such terms as may be just.

RULE 7 – DEFAULT OF APPEARANCE TO ORIGINATING SUMMONS.

Where a defendant or respondent to an originating summons to which an appearance is required to be entered fails to appear within the time limited, the plaintiff or applicant may apply to the Court or a Judge in Chambers for an appointment for the hearing of such summons and upon a certificate that no appearance has been entered, the Court or Judge shall appoint a time for the hearing of such summons, upon such conditions (if any) as it or he shall think fit.

RULE 8 – DEFAULT OF APPEARANCE BY INFANT OR PERSON OF UNSOUND MIND.

Where no appearance has been entered to a writ of summons for a defendant who is an infant or a person of unsound mind not adjudged a lunatic, the plaintiff shall before further proceeding with action against the defendant, apply to the Court or a Judge in Chambers for an order that some proper person be assigned guardian of such defendant by whom he may appear defend the action. But no such order shall be made unless it appears that application was, after the expiration of the time allowed for appearance, and at least six clear days before the day named in such notice for hearing the application, served upon or left at the dwelling-house of the person with whom or under whose care such defendant was at the time of serving such writ of summons, and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwelling-house of the father or guardian (if any) of such infant, unless the Court or Judge in Chambers at the time of hearing such application shall dispense with such last-mentioned service.

RULE 9 – LEAVE IN ACTIONS BY MONEY-LENDER.

(1) In an action brought by a money lender or an assignee for the recovery of money lent by a money lender or the enforcement of any agreement or security relating to any such money, an application for leave to enter judgment in default of appearance shall be made by notice returnable not less than four clear days after service of the notice. (2) The notice shall not be issued until the time limited for entering appearance has expired, and a proper affidavit of service of the writ has been filed. (3) The notice shall be in accordance with Form 60 in the Appendix with such variations as circumstances may require, and shall be served personally. (4) After the hearing of the application, whether the defendant appears or not, the Court or Judge in Chambers may exercise the relevant powers of the Court under the Moneylenders Law.

RULE 10 – APPLICATION.

The provisions of this Order shall not apply in actions commenced before the coming into operation of these rules.


 Rules in ORDER 15 – CONFLICT OF INTEREST
RULE 1 – –

No person shall serve as a mediator, Arbitrator or third Party Neutral in any dispute in which that person has any financial or personal interest in the result of the ADR, except with the written consent of all parties.

RULE 2 – –

Every prospective mediator shall prior to accepting an appointment disclose any circumstance likely to create a presumption of bias or prevent a prompt meeting with the parties.

RULE 3 – –

The Multi-Door Courthouse shall upon receipt of such information either replace the mediator or immediately communicate the information to the parties for their comments.

RULE 4 – –

In recommending or appointing a mediator the Multi-Door Courthouse shall have regard to such considerations as are likely to secure the appointment of an independent and impartial mediator.

RULE 5 – –

The Mediator shall abide by the terms of the Multi-Door Courthouse Procedure Rules, the Mediation Agreement and The Code of Conduct for Mediators.

RULE 5.1 – DEFENDANT MAY BE COMMITTED TO CUSTODY.

The Mediator shall abide by the terms of the Multi-Door Courthouse Procedure Rules, the Mediation Agreement and The Code of Conduct for Mediators.

RULE 5.2 – IN WHAT DIVISION PROCEEDINGS MAY BE TAKEN.

The Mediator shall abide by the terms of the Multi-Door Courthouse Procedure Rules, the Mediation Agreement and The Code of Conduct for Mediators.

RULE 6 – COST OF SUBSISTENCE OF PERSONS ARRESTED.

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


 Rules in ORDER 16 – ROLE OF MEDIATOR
RULE 1 – –

The Mediator shall assist the parties in an impartial manner in their attempt to reach an amicable settlement of their dispute. A mediator does not have the authority to impose a settlement on the parties.

RULE 2 – –

The Mediator shall take into account the circumstances of the case, the underlying interests of the parties and the need for a speedy settlement of the dispute throughout the ADR process.

RULE 3 – –

The Mediator shall end the ADR process if he is satisfied that further efforts will not lead to the resolution of the dispute between the parties.

RULE 4 – –

The Mediator may upon request assist the parties to draw up a Settlement Agreement.

RULE 5 – RIGHTS OF THIRD PARTIES NOT TO BE AFFECTED.

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.

RULE 6 – REMOVAL OF ATTACHMENT.

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

RULE 7 – IN WHAT COURTS PROCEEDINGS MAY BE TAKEN.

The application may be made to the court in the Judicial Division where the defendant, or in case of urgency, where the property proposed to be attached, may be, and such Court may make such order as shall seem just. In case an order for the attachment of property shall be issued by a different court from that in which the suit is pending, such Court shall, on the request of either of the parties, transmit the application and evidence therein 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 examine into and proceed with the application in accordance with the foregoing provisions, in such rnanner as shall seem just.


 Rules in ORDER 17 – THE MEDIATION AGREEMENT
RULE – – –

The parties, the Mediator and the Multi-Door Courthouse will enter into an agreement based on the Multi-Door Courthouse Model Agreement (“The Mediation Agreement”) in relation to the confidentiality and conduct of the Mediation process.

RULE 1 – SUMMARY ORDER FOR ACCOUNT.

(1) Where a writ is endorsed with a claim for an account or a claim which necessarily involves taking an account, the plaintiff may, at any time after the defendant has entered an appearance or after the time limited for appearing, apply for an order for an account under this rule. (2) An application under this rule shall be made by summons and supported by affidavit or other evidence. (3) On the hearing of the application, the Court may, unless satisfied by the defendant by affidavit of otherwise that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on taking the account to be due to either party be paid to him within a time specified in the order.

RULE 2 – COURT MAY DIRECT TAKING OF ACCOUNTS, ETC.

(1) The Court may, on application made by summons at any stage of the proceedings in a cause or matter, direct any necessary accounts or inquires to be taken or made. (2) Every direction for the taking of an account or the making of an inquiry shall be numbered in the judgment or order so that, as far as may be, each distinct account and inquiry may be designated by a number.

RULE 3 – DIRECTIONS AS TO MANNER OF TAKING ACCOUNT.

(1) Where the Court orders an account to be taken, it may by the same or subsequent order give directions with regard to the manner in which the account is to be taken or vouched. (2) Without prejudice to the generality of paragraph (1), the Court may direct that in taking the account the relevant books of account shall be evidence of the matters contained therein with liberty to the parties interested to take such objections thereto as they think fit.

RULE 4 – ACCOUNT TO BE MADE, VERIFIED. ETC.

(1) Where an account has been ordered to be taken, the accounting party must make out his account and, unless the Court otherwise directs, verify it by an affidavit to which the account shall be exhibited. (2) The items on each side of the account shall be numbered consecutively. (3) Unless the order for the taking of the account otherwise directs, the accounting party shall lodge the account with the Court and shall at the same time notify the other parties that he has done so and of the filing of any affidavit verifying the account and of any supporting affidavit.

RULE 5 – ERRONEOUS ACCOUNT.

Any party who seeks to charge an accounting party with an amount beyond that which he has by his account admitted to have received or who alleges that any item in his account is erroneous in respect of amount or in any other respect shall give him notice thereof stating, so far as he is able, the amount sought to be charged with brief particulars thereof or, as the case may be, the grounds for alleging that the item is erroneous.

RULE 6 – ALLOWANCES.

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

RULE 7 – DELAY IN PROSECUTION OF ACCOUNTS ETC.

(1) If it appears to the Court that there is undue delay in the prosecution of any accounts or inquiries, or in any other proceedings under any judgment or order, the Court may require the party having the conduct of the proceedings or any other party to explain the delay and may then make such order for staying the proceedings or for expediting them or for conduct thereof and for costs as the circumstances require. (2) The Court may direct any party or legal practitioner to take over the conduct of proceedings in question and to carry out any directions made by an order under this rule and may make such order as it thinks fit as to the payment of legal practitioner’s costs.

RULE 8 – DISTRIBUTION OF FUND BEFORE ALL PERSONS ENTITLED ARE ASCERTAINED.

Where some of the persons entitled to share in a fund are ascertained and difficulty or delay has occurred or is likely to occur in ascertaining the other persons so entitled, the Court may order or allow immediate payment of their shares to the persons ascertained without reserving any part of these shares to meet the subsequent costs of ascertaining those other persons.


 Rules in ORDER 18 – SUGGESTIONS FOR SETTLEMET OF DISPUTE
RULE 1 – –

Each party may, on his own initiative or at the invitation of the mediator, submit to the mediator suggestions for the settlement of the dispute.

RULE 2 – –

The Mediator shall make such suggestions available to the other party.

RULE 3 – –

The Mediator may, based on his observations during the ADR session, and if it appears to the mediator that there is a possibility and willingness to settle their dispute, suggest terms of settlement to the parties for review.

RULE 4 – –

If the parties upon review agree on, and accept the terms, the mediator may assist the parties to draw up a Settlement Agreement.

RULE 5 – ATTENDANCE OF WITNESSES.

When a reference to arbitration is made by an order of Court, the same process to the parties and witnesses, whom the arbitrators or umpire may desire to have examined, shall issue as in ordinary suits; and persons not attending in compliance with such process, or making any other default, or refusing to give evidence, or being guilty of any contempt of the arbitrators or umpire during the investigations of the suit, shall be subject to the like disadvantages, penalties, and punishments, by order of the Court on the representation of the arbitrators or umpire, as they would incur for the same offences in suits tried before the Court.

RULE 6 – EXTENSION OF TIME OF TIME AWARD.

When the arbitrators are not able to complete the award within the period specified in the order from want of the necessary evidence or information, or other good and sufficient cause, the Court may from time to time enlarge the period for delivery of the award, if it shall think proper. In any case in which an umpire is appointed, it shall be lawful for him to enter on the reference in lieu of the arbitrators, if they shall have allowed their time, or their extended time, to expire without making an award or shall have delivered to the Court, or to the umpire, a notice in writing stating that they cannot agree: Provided that an award shall not be liable to be set aside only by reason of its not having been completed within the period allowed by the Court, unless on proof that the delay in completing the award arose from misconduct of the arbitrators or umpire, or unless the award shall have been made after the issue of an order by the Court superseding the arbitration and recalling the suit.

RULE 7 – POWER OF COURT IN CASE OF DEATH, INCAPACITY, OR REFUSAL TO ACT.

If, in any case of reference to arbitration by an order of Court, the arbitrators or umpire shall die, or refuse or become incapable to act, it shall be lawful for the Court to appoint a new arbitrator or arbitrators, or umpire in the place of the person or persons so dying, or refusing or becoming incapable to act. Where the arbitrators are empowered by the terms of the order or reference to appoint an umpire, and do not appoint an umpire, any of the parties may serve the arbitrators with a written notice to appoint an umpire; and if within seven days after such notice shall have been served, no umpire be appointed, it shall be lawful for the Court upon the application of the party having served such notice as aforesaid and upon proof to its satisfaction of such notice having been served, to appoint an umpire. In any case of appointment under this rule, the arbitrators or umpire so appointed shall have the like power to act in the reference as if their names had been inserted in the original order of reference.

RULE 8 – FINDING.

The award shall contain a conclusive finding, and may not find on the contingency of any matter of fact being afterwards substantiated or deposed to. It shall comprehend a finding on each of the several matters referred.

RULE 9 – SPECIAL CASE FOR OPINION OF THE COURT.

It shall be lawful for the arbitrators or umpire upon any reference by an order of Court, if they shall think fit, and if it is not provided to the contrary, to state their award as to the whole or any part thereof in the form of a special case for the opinion of the Court.

RULE 10 – COURT MAY MODIFY OR CORRECT AWARDS.

The Court may, on the application of either party, modify or correct an award where it appears that a part of the award is upon matters not referred to the arbitrators, (provided such part can be separated from the other part and does not affect the decision on the matter referred), or where the award is imperfect in form, or contains any obvious error which can be amended without affecting such decision.

RULE 11 – POWER AS TO COSTS.

The Court may also, on such application, make such order as it thinks just respecting the costs of the arbitration, if any question arises about such cases or their amount, and the award contains no sufficient provision concerning them.

RULE 12 – POWER OF COURT TO REMIT AWARD FOR RECONSIDERATION.

In any of the following cases the Court shall have power to remit the award, or any of the matters referred to arbitration, for reconsideration by the arbitrators or umpire, upon such terms as it thinks proper:- (a) if the award has left undetermined some of the matters referred to arbitration; (b) if it has determined matters not referred to arbitration; (c) if the award is so indefinite as to be incapable of execution; or (d) if an objection to the legality of the award is apparent upon the face of the award.

RULE 13 – SETTING ASIDE AWARD.

No award shall be liable to be set aside except on the ground of perverseness or misconduct of the arbitrators or umpire. Any application to set aside an award shall be made within fifteen days after the publication thereof.

RULE 14 – FILING AWARD EFFECT OF.

If no application is made to set aside the award, or to remit it or any of the matter referred, for reconsideration, or if the Court has refused any such application, either party may file the award in Court, and the award shall thereupon have the same force and effect for all purposes as a judgment.


 Rules in ORDER 19 – SETTLEMENT AGREEMENT
RULE 1 – –

When the parties reach an agreement, the terms of settlement called the Settlement Agreement may be drafted with the assistance of the mediator and signed by the parties.

RULE 2 – –

By signing the Settlement Agreement, parties expressly agree that they are bound by the terms of the Settlement.

RULE 3 – –

For all matters other than matters referred to Multi-Door Courthouse by the courts upon resolution, Settlement Agreements shall be entered in the records of the Multi-Door Courthouse as a “Consent Judgment” by the ADR Judge.

RULE 4 – –

For all matters referred to Multi-Door Courthouse from the courts, upon resolution, Settlement Agreements shall be forwarded to the referring court where it shall be entered in the courts’ records as “Consent Judgment”.

RULE 5 – REFEREE’S AUTHORITY IN THE INQUIRY.

Subject to any order of Court, the referee shall have the same authority in the conduct of any inquiry as a Judge of the Court when presiding at any trial.

RULE 6 – LIMITATION IN CERTAIN PARTICULARS.

Nothing in these provisions contained shall authorize any referee 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, make any order of attachment or committal it may consider necessary.

RULE 7.1 – REPORTS MADE IN PURSUANCE OF REFERENCE.
RULE 7.2 – REFEREE MAY REPORT QUESTIONS OF FACTS SPECIALLY.

 Rules in ORDER 20 – STAY OF PROCEEDINGS
RULE 1 – –

Litigation on the same dispute submitted for ADR shall be stayed by the mutual agreement of the disputing parties during the ADR process.

RULE 2 – –

A party may request a stay in writing in the absence of a mutual agreement for this purpose.

RULE 3 – –

Multi-Door Courthouse shall serve a copy of the Request for Stay on the other party and refer the matter to the ADR Judge.

RULE 4 – RECEIVER’S ACCOUNT.

(1) A receiver shall submit account to the Court at such intervals or on such dates as the Court may direct in order that they may be passed. (2) Unless the court otherwise directs, each account submitted by a receiver shall be accompanied by an affidavit verifying it. The receiver’s account and affidavit (if any) shall be left at the Registrar’s office, and the plaintiff or party having the conduct of the cause or matter shall thereupon obtain an appointment for the purpose of passing such account. (3) The passing of a receiver’s account shall be certified by the Registrar.

RULE 5 – PAYMENT OF BALANCE, ETC. BY RECEIVER.

The days on which a receiver shall pay into court the amount shown by his account as due from him, or such part thereof as the Court may certify as proper to be paid in by him, shall be fixed by the Court.

RULE 6 – DEFAULT BY RECEIVER.

(1) Where a receiver fails to attend for the passing of any account of his, or fails to submit any account, make any affidavit or do any other thing which he is required to submit, make or do, he and any or all of the parties to the cause or matter in which he was appointed may be required to attend in Chambers to show cause for the failure, and the Court may, either in Chambers or after adjournment into court, give such directions as it thinks proper including if necessary, directions for the discharge of the receiver and the appointment of another and the payment of costs. (2) Without prejudice to paragraph (1), where a receiver fails to attend for the passing of any account of his or fails to submit any account or fails to pay into account on the date fixed by the Court any sum shown by his account as due from him, the Court may disallow any remuneration claimed by the receiver in any subsequant account and may, where he has failed to pay any such sum into court, charge him with interest at the rate of ten per centum per annum on that sum while in his possession as a receiver.


 Rules in ORDER 21 – TERMINATION
RULE 1 – –

The Mediation process shall terminate: By the execution of a settlement agreement by the parties.

RULE 2 – –

By a written declaration of the mediator to the effect that further efforts at ADR are no longer worthwhile; or (a) By a written request of a party or parties that ADR process be terminated because further efforts at ADR are no longer worthwhile. (b) By a joint written request of both parties that ADR process be terminated because further efforts at ADR are no longer worthwhile. (c) Upon the receipt of a joint request, or upon the written declaration of the Mediator, the Director shall terminate ADR processes forthwith, issue and cause the parties to sign a Certificate of Inability to Resolve through ADR as in Form D. (d) Where request to terminate is made by only one party, the Directorshall refer the matter to the ADR Judge.

RULE 3 – COURT MAY EXTEND TIME.

(1) The court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorised by these provisions, or by any judgment, order or direction, to do any act in any proceedings. (2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.

RULE 4 – NOTICE OF INTENTION TO PROCEED AFTER A YEAR’S DELAY.

Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to proceed shall give to every other party not less than 30 days notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purposes of this provision.

RULE 5 – TIME FOR APPLICATIONS TO SET ASIDE AWARDS.

Application to set aside or remit an award may be made at any time within six weeks after such award has been made and brought to the parties. Provided that the court or Judge in Chambers may by order extend the said time either before or after it has elapsed.


 Rules in ORDER 22 – REFUSAL TO SUBMIT TO ADR
RULE – – –

Where a party or parties refuse to submit to mediation or arbitration at Multi-Door Courthouse, in order to move the case forward, all the parties to the dispute shall be brought before the ADR Judge who upon proper consideration of the parties’ reasons and arguments may enter an Order either that the parties proceed with the ADR process or to the regular courts.

RULE 1 – THE UNDEFENDED LIST AFFIDAVIT.

Whenever application is made to a court for the issue of a writ of summons in respect of a claim to recover a debt or liquidated money demand and such application is supported by an affidavit setting forth the grounds upon which the claim is based and stating that in the deponent’s belief there is no defence thereto, the Court shall, if satisfied that there are good grounds for believing that there is no defence thereto, enter the suit for hearing in what shall be called the “Undefended List”, and mark the writ of summons accordingly, and enter thereon a date for hearing suitable to the circumstance of the particular case.

RULE 2 – COPY OF AFFIDAVIT TO BE SERVED.

There shall be delivered by the plaintiff to the Registrar upon the issue of the writ of summons as aforesaid, as many copies of the above mentioned affidavit as there are parties against whom relief is sought, and the Registrar shall annex one such copy to each copy of the writ of summons for service.

RULE 3 – NOTICE OF INTENTION TO DEFEND.

(1) If the party served with the writ of summons and affidavit as provided in Rules 1 and 2 hereof delivers to the Registrar not less than 5 days before the date fixed for hearing a notice in writing that he intends to defend the suit, together with an affidavit disclosing a defence on the merit, the Court may give him leave to defend upon such terms as the Court may think just. (2) Where leave to defend is given under this rule, the action shall be removed from the Undefended List and placed on the ordinary Cause List; and the Court may order pleadings or proceed to hearing without further pleadings.

RULE 4 – JUDGMENT UNDEFENDED SUIT.

Where any defendant neglects to deliver the notice of defence and affidavit prescribed by rule 3(1) or is not given leave to defend by the Court, the suit shall be heard as an undefended suit, and judgment given thereon, without calling upon the plaintiff to summon witnesses before the court to prove his case formally.

RULE 5 – ORAL EVIDENCE.

Nothing herein shall preclude the Court from hearing or requiring oral evidence, should it so think fit, at any stage of the proceedings under rule 4.


 Rules in ORDER 23 – CONFIDENTIALITY AND PRIVACY
RULE – – –

Before the commencement of an ADR session, parties shall complete all necessary forms to indicate their acceptance and commitment to the following. (i) All sessions shall be private, and shall be attended only by the Mediator or Neutral, the parties and those individuals identified as essential in the resolution process. (ii) Negotiations, statements and documents prepared for the purpose of the ADR sessions shall be confidential and covered by “without prejudice” or negotiation privilege. (iii) Unless agreed among the parties, or required by law, neither the Mediator, Neutral, nor the parties may disclose to any person any information regarding the sessions or any settlement terms, or the outcome of the session. (iv) All documents or other information produced for or arising in relation to the sessions shall be privileged and shall not be admissible in evidence or otherwise discoverable in any litigation or arbitration in connection with the dispute referred to ADR except for any documents or other information which would in any event be admissible or discoverable in any such litigation or arbitration. (v) There shall be no formal record or transcript of the ADR sessions. (vi) The parties shall not rely upon, or introduce as evidence in any arbitral or judicial proceedings, any admissions proposals or views expressed by the parties or by the mediator during the course of the mediation. (vii) All information (whether given orally, in writing or otherwise) produced for or arising in relation to the mediation or any other ADR process including settlement agreement except in so far as is necessary to implement and enforce any such settlement are confidential. (viii) Proposals made or views expressed by the mediator shall not be used for any other purpose. (ix) No parties to the Settlement Agreement shall call the mediator or the Multi-Door Courthouse (or any employee, or representative of the Multi-Door Courthouse) as a witness, or expert in any litigation or arbitration in relation to the dispute. (x) The mediator and the Multi-Door Courthouse will not voluntarily act in any capacity without the written agreement of all the parties.

RULE 1 – DEMURRER ABOLISHED.

No demurrer shall be allowed.

RULE 2 – POINTS OF LAW MAY BE RAISED BY PLEADINGS.

Any party shall be entitled to raise by his pleading any point of law, and any points so raised shall be disposed of by the Judge who tries the cause at or after the trial; Provided that by consent of the parties, or by order of the Court or a Judge on the application of either party, the same may be set down for hearing and disposed of at any time before the trial.

RULE 3 – DISMISSAL OF ACTION.

If, in the opinion of the Court or a Judge the decision of such point of law substantially disposes of the whole action, or of any distinct cause of action, ground of defence, set-off, counter-claim, or reply therein, the Court or Judge may thereupon dismiss the action or make such other order therein as may be just.

RULE 4 – STRIKING TO PLEADING WHERE NO REASONABLE CAUSE OF ACTION DISCLOSED.

The Court or a Judge may order any pleading to be struck out on the ground that it discloses no reasonable cause of action or answer, and in any such case or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the Court or a Judge may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.

RULE 5 – DECLARATORY JUDGMENT.

No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not.


 Rules in ORDER 24 – EXPENSES, FEES, AND COST
RULE 1 – –

The expenses of witnesses, called by either side shall be paid by the party calling such witnesses.

RULE 2 – –

(i) The party requiring service of any process shall pay in advance all costs and expenses for and incidental to service. (ii) The rate for service shall be as prescribes by the Director of the Multi-Door Courthouse from time to time

RULE 3 – –

All other expenses arising from the ADR process, including the Multi-Door Courthouse processing fees, the mediator’s fee, and all such other incidental expenses shall be borne equally by the parties, unless otherwise agreed by the parties.

RULE 4 – –

Payment of fees and expenses shall be made to the Multi-Door Courthouse in accordance with its Fees as prescribed in Schedule A.

RULE 4.1 – PLEADINGS TO STATE MATERIAL FACTS AND NOT EVIDENCE.

Payment of fees and expenses shall be made to the Multi-Door Courthouse in accordance with its Fees as prescribed in Schedule A.

RULE 4.2 – HOW FACTS TO BE STATED.

Payment of fees and expenses shall be made to the Multi-Door Courthouse in accordance with its Fees as prescribed in Schedule A.

RULE 5 – –

Multi-Door Courthouse will inform the parties before the mediation begins of the fees and expenses which shall be charged for the mediation, if not already known.

RULE 6 – –

No additional fees or charges other than in exceptional circumstance shall be charged.

RULE 7.1 – FURTHER AND BETTER STATEMENT OR PARTICULARS.
RULE 7.2 – LETTER FOR PARTICULARS.
RULE 7.3 – PARTICULARS BEFORE DEFENCE.
RULE 8 – ORDER FOR PARTICULARS NOT A STAY.

The party at whose instance particulars have been filed under a Judge’s order shall, unless the order otherwise provides, have the same length of time for pleading after the service of the particulars upon him that he had initially. Save is provided in this rule, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.

RULE 9 – SPECIFIC DENIAL.

Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite Party, shall be taken to be admitted, except as against an infant, a lunatic, or person of unsound mind not adjudged lunatic.

RULE 10 – DENIAL BY JOINDER OF ISSUE.

(1) If there is no reply to a defence, there is an implied joinder of issue on that defence. (2) Subject to Paragraph (3):- (a) there is at the close of the pleadings an implied joinder of issue on the Pleading last served; and (b) a party may in his pleading expressly join issue on the next preceeding Pleading. (3) There can be no joinder of issue, implied or expressed, on a statement of claim or counter-claim. (4) A joinder of issue operates as a denial of every material allegation of fact made in the pleading on which there is an implied or express joinder, of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case the express joinder of issue operate as a denial of every other such allegation.

RULE 11 – PLEADINGS TO BE CONSISTENT.

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 pleading of the party pleading the same.

RULE 12.1 – GROUNDS OF CLAIM FOUNDED ON SEPARATE FACTS TO BE SEPERATELY STATED.
RULE 12.2 – THE RELIEF CLAIMED TO BE STATED.
RULE 13 – ALLEGATIONS SHALL NOT BE MADE GENERALLY BUT SPECIALLY.

It shall not be sufficient to deny generally the facts alleged by the statement of claim, but the defendant shall deal specifically with them, either admitting or denying the truth of each allegation of fact seriatim, as the truth or falsehood of each is within his knowledge, or (as the case may be) stating that he does not know whether any given allegation is true or otherwise.

RULE 14 – DENIAL OF FACT MUST ANSWER POINT OF SUBSTANCE.

When a party denies an allegation of fact he shall not do so evasively, but shall answer the point of substance. And when a matter of fact is alleged with diverse circumstances it shall not be sufficient to deny it as alleged along with those circumstances, but a full and substantial answer shall be given.

RULE 15 – ADMISSIONS.

The defence shall admit such material allegations in the statement of claim as the defendant knows to be true, or desires to be taken as established without proof thereof.

RULE 16 – SET-OFF OR COUNTERCLAIM TO BE PLEADED.

Where any defendant seeks to rely upon any facts as supporting a right of set-off or counter-claim, he shall, in his statement of defence, state specifically that he does so by way of set-off or counter-claim as the. case may be, and the particulars of such set-off or counter-claim shall be given.

RULE 17 – EVIDENCE IN DENIAL OF ALLEGATION OR IN SUPPORT OF DEFENCE NOT SET UP IN PLEADING.

The defence of a defendant shall not debar him at the hearing from disproving any allegation of the plaintiff not admitted by the defence, or from giving evidence in support of a defence not expressly set up by the defence, except where the defence is such as, in the opinion of the Court, ought to have been expressly set up by the defence, or is inconsistent with the statements thereof, or is, in the opinion of the Court, likely to take the plaintiff by surprise or to raise new issues not fairly arising out of the pleadings as they stand, and such as the plaintiff ought not be then called upon to meet.

RULE 18 – FURTHER PLEADINGS.

The Court, if it considers that the statement of claim and the defence filed in any suit insufficiently disclose and fix the real issues between the parties, may order such further pleadings to be filed as it may deem necessary for the purpose of bringing the parties to an issue.

RULE 19 – COSTS IN CERTAIN CASES.

Where the Court is of opinion that any allegations of fact, denied or not admitted by any pleading, ought to have been admitted, the Court shall make such order as may be just with respect to costs.

RULE 20 – STRIKING OUT PLEADINGS.

The Court may at any time, on the application of either party, strike out any pleading or any part thereof, on the ground that it discloses no cause of action, or no defence to the action, as the case may be, or on the ground that it is embarrassing, or scandalous, or vexatious, or an abuse of the process of the Court; and the Court may either give leave to amend such pleading, or may proceed to give judgment for the plaintiff or the defendant, as the case may be, or may make such other order, and upon such terms and conditions, as may seem just.

RULE 21 – DENIAL OF CONTRACT.

When a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law, of such contract, promise, or agreement, whether with reference to any statute or otherwise.

RULE 22 – EFFECT OF DOCUMENTS TO BE STATED.

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

RULE 23 – MALICE,KNOWLEDGE OR OTHER CONDITION OF MIND.

(1) Wherever it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred. (2) Notwithstanding paragraph (1), where in an action for libel or slander the defendants pleads that any of the words or matters complained of are fair comment on a matter of public interest or were published upon a privileged occasion, the plaintiff shall, if he intends to allege that the defendant was actuated by express malice, deliver a reply giving particulars of the facts and matters from which such malice is to be inferred. (3) Where in an action for libel or slander the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to the like effect, he shall give particulars stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies on in support of the allegation that the words are true.

RULE 24 – NOTICE.

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, is material.

RULE 25 – IMPLIED CONTRACT OR RELATION.

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

RULE 26 – PRESUMPTIONS OF LAW.

Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied (e.g. consideration for a bill of exchange where the plaintiff sues only on the bill, and not for the consideration as a substantive ground of claim).

RULE 27 – PLEADINGS; PROBATE ACTION.

(1) In probate actions it shall be stated with regard to every defence which is pleaded what is the substance of the case on which it is intended to rely; and further where it is pleaded that the testator was not of sound mind, memory and understanding, particulars of any specific instances of delusion shall be delivered before the case is set down for trial, and, except by leave of the Court or a Judge in Chambers, no evidence shall be given of any other instances at the trial. (2) In a probate action the party opposing a will may, with his defence, give notice to the party setting up the will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine the witness produced in support of the will; and he shall thereupon be at liberty to do so, and shall not in any event be liable to pay the costs of the other side unless the Judge shall be of opinion that there were no reasonable grounds for opposing the will.

RULE 28 – TECHNICAL OBJECTION.

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

RULE 29 – APPLICATION.

The provisions of the foregoing rules of this Order shall not apply in actions where a summons has been issued before the date of commencement of these rules. In such cases, the former High Court rules shall be applied as if they were still in force.

RULE 30 – CLAIM BEYOND ENDORSEMENT.

Whenever a statement of claim is filed, the plaintiff may therein alter, modify, or extend his claim without any amendment of the endorsement of the writ: Provided that this rule shall not apply where the writ has been specially endorsed: Provided further that the plaintiff may not completely change the cause of action endorsed on the writ without amending the writ.

RULE 31 – STATED OR SETTLED ACCOUNT.

In every case in which the cause of action is a stated or settled account, the same shall be alleged with particulars; but in any 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 need not be alleged in the pleadings.

RULE 32 – DEFENCE OF TENDER.

Where in any action a defence of tender before action is pleaded, the defendant shall pay into Court in accordance with rule 1 of order 31 the amount alleged to have been tendered, and the tender shall not be available as a defence unless and until payment into Court has been made.

RULE 33 – DEFENCE OF SET-OFF.

Where a claim by a defendant to a sum of money (whether of an ascertained amount or not) is relied on as a defence to the whole or part of a claim made by the plaintiff, it may be included in the defence and setoff against the plaintiiffs claim, whether or not it is also added as a counter-claim.

RULE 34 – JUDGMENT FOR BALANCE.

(1) Where in any action a set-off or counter-claim is established as a defence against the plaintiff s claim, the Court may, if the balance is in favour of ihe defendant, give judgment for the defendant for such balance, or otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case (2) paragraph (1) shall apply mutatis mutandis where the balance is in favour of the plaintiff.

RULE 35 – CLOSE OF PLEADINGS.

(1) The pleadings in an action are deemed to be closed:- (a) at the expiration of 30 days after service of the reply or, if there is no reply but only a defence to counter-claim, after service of the defence to counter-claim; or (b) if neither a reply nor a defence to counter-claim is served, at the expiration of 30 days after service of the defence. (2) The pleadings in an action are deemed to be closed at the time provided by paragraph (1) notwithstanding that any request or order for particulars has been made but has not been compiled with at that time.


 Rules in ORDER 25 – IMMUNITY
RULE 1 – –

Neither the mediator nor the Akwa lbom Multi-Door Courthouse shall be liable to the parties for any act or omission in connection with the services provided by them in, or in relation to, the ADR process, unless the act or omission is fraudulent or involves willful misconduct in which case only the individual person(s) directly responsible for the fraud or willful misconduct shall bear the consequent liability.

RULE 2 – AMENDMENT OF INDORSEMENT PLEADINGS.

The Court or a Judge in Chambers may, at any stage of the proceedings allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

RULE 3 – APPLICATION FOR LEAVE.

Application for leave to amend may be made by either party to a Judge in Chambers or to the Court at the trial of the action, and such amendment may be allowed upon such terms as to costs or otherwise as may be just.

RULE 4 – FAILURE TO AMEND AFTER ORDER.

If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as, aforesaid, or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the Court or a Judge.

RULE 5 – AMENDMENTS HOW MADE.

Whenever any indorsement or pleading is amended, the Court or the Judge in Chambers, as the case may be, may order that a copy of the document as amended shall be filed in the Registry and served on all parties to the action.

RULE 6 – DATE OF ORDER OF AMENDMENT TO BE MARKED.

Whenever any indorsement or pleading is amended, the same when amended shall be marked with the date of the order, if any, under which it is so amended, and of the day on which such amendment is made, in manner following, viz: “Amended…………………….day of………………….pursuant to order of………….dated the……………….of……………………………………………………..”

RULE 7 – CLERICAL MISTAKE AND ACCIDENTAL OMISSIONS.

Clerical mistakes in judgments or orders, or errors arising therein Clerical from any accidental slip or omission, may at any time be corrected by the Court or a Judge in Chambers on motion or summons without an appeal.


 Rules in ORDER 26 – APPOINTMENT AND REMUNERATION OF THE DISPUTE RESOLUTION OFFICERS (DROS)
RULE 1 – –

The Dispute Resolution Officer shall be a Legal Practitioner with ADR skills, appointed, remunerated and treated in all material respect as Magistrates. (i) DRO II shall be the equivalent of Magistrate Grade II (ii) DRO I shall be the equivalent of Magistrate Grade I (iii) Senior DRO II shall be the equivalent of Senior Magistrate Grade II (iv) Senior DRO I shall be the equivalent of Senior Magistrate Grade I (v) Chief DRO II shall be the equivalent of Chief Magistrate Grade II (vi) Chief DRO I shall be the equivalent of Chief Magistrate Grade I

RULE 2 – CLAIM FOR DEBT OR LIQUIDATED DEMAND.

(1) If the plaintiffs claim be only for a debt or liquidated demand, and the defendant does not, within the time allowed by these rules or an order of Court or a Judge in Chambers for that purpose, file a defence, the plaintiff may, at the expiration of such time, apply for final judgment for the amount claimed, with costs. (2) In actions by a money-lender or an assignee for the recovery of money lent by a money-lender or the enforcement of any agreement or security relating to any such money, judgment shall not be entered in default of defence except in accordance with the provisions of Order 14 Rule 9.

RULE 3 – SEVERAL DEFENDANTS: ONE DEFAULT.

When in any action for a debt or liquidated demand there are several defendants, if one of them makes default as mentioned in rule 2(1), the plaintiff may, subject to rule 2(2), have final judgment entered against the defendant so making default, and issue execution upon such judgment without prejudice to his right to proceed with his action against the other defendants.

RULE 4 – DEFAULT OF DEFENCE: CLAIM FOR UNLIQUIDATED DAMAGES.

Where the plaintiffs claim against a defendant for unliquidated damages only, then, if that defendant makes default in pleading, the plaintiff may, after the expiration of the period fixed as aforesaid, for service of defence, have judgment entered against that defendant for damages to be assessed by the Court and costs, and may proceed with the action against the other defendants, if any.

RULE 5 – DEFAULT OF DEFENCE: CLAIM IN DETINUE.

Where the plaintiffs claim against the defendant relates to the detention of good only, then, if that defendant makes default in pleading, the plaintiff may, after the expiration of the period fixed as aforesaid for service of the defence, have entered either:- (a) judgment against that defendant for the delivery of the goods or their value to be assessed by the Court and costs; or (b) judgment for the value of the goods to be assessed by the Court and costs; and in either case he may proceed with the action against the other defendants, if any.

RULE 6 – DEFAULT OF DEFENCE; CLAIM FOR POSSESSION OF LAND.

(1) Where the plaintiff s claims against a defendant is for the possession of land then, if that defendant makes default in pleading the plaintiff may, after the expiration of the period fixed as aforesaid for service of the defence, and on producing a certificate by his legal practitioner or (if he sues in person) an affidavit stating that he is not claiming any relief in the action of the nature of mortgage action, have judgment entered for possession of the land as against that defendant and for costs, and proceed with the action against the other defendants, if any. (2) Where there are more than one defendant, judgment entered under this rule shall not be enforced against any defendant unless and until judgment for the possession of the land has been entered against all the defendants.

RULE 7 – DEFAULT OF DEFENCE; MIXED CLAIMS.

Where the plaintiff makes against a defendant two or more of the claims mentioned in rules 2 to 6, and no other claim then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the, period fixed as aforesaid for service of the defence, have entered against that defendant such judgment in respect of each such claim as he could be entitled to under those rules as if that were the only claim made, and proceed with the action against the other defendants, if any.

RULE 8 – DEFAULT OF DEFENCE; OTHER CLAIRNS.

(1) Where the plaintiff makes against a defendant or defendants a claim of a description not mentioned in rules 2 to 6, then if the defendant or all the defendants (where there are more than one) fails or fail to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed as aforesaid for service of the defence apply to the Court for judgment and on the hearing of the application the Court shall give such judgment as the plaintiff appears entitled to on his statement of claim. (2) Where the plaintiff makes such a claim as is mentioned in paragraph (1) against more than one defendant, then, if one of the defendants makes default as mentioned in that paragraph the plaintiff may:- (a) if his claim against the defendant is severable from his claim against the other defendants, apply under that paragraph for judgment against that defendant, and proceed with the action against the other defendants; or (b) set down the action on motion for judgment against the defendant in default at the time when the action is set down for trial, or is set down on motion for judgment against the other defendants. (3) An application under paragraph (1) shall be by summons or motion on notice.

RULE 9 – DEFAULT OF DEFENCE TO COUNTERCLAIM.

A defendant who counter-claims against a plaintiff shall be treated for the purposes of rules 2 to 8 as if he were a plaintiff who had made against a defendant the claim made in the counter-claim and, accordingly, where the plaintiff or any other person against whom the counter-claim is made fails to serve a defence to the counter-claim, these rules shall apply as if, the counter-claim were a statement of claim, the defence to the counter-claim a defence and the parties making the counter-claim and against whom it is made were plaintiffs and defendants respectively, and as if references to the period fixed by or under these rules for service of the defence were refeiences to the period so fixed for service of the defence to counter-claim.

RULE 10 – SETTING ASIDE JUDGMENT.

The court may, on such terms as it thinks fit, set aside or vary any judgment entered in pursuance of this Order.

RULE 11 – INTERPRETATION.

In this Order, a party makes default in pleading when he fails to file and serve his statement of claim or defence, as the case may be, on the opposite party within the time fixed for doing so by these rules or by the order of the Court or a Judge in Chambers.


 Rules in ORDER 28 – CODE OF CODUCT FOR MEDIATORS AND NEUTRALS
RULE – – –

The Code of Conduct applicable to judicial officers shall apply to any person who acts as a Mediator, an Arbitrator, or a Neutral in any ADR procedure under the auspices of the Akwa Ibom Multi-Door Courthouse in addition to the provisions of these Rules.

RULE 1 – ENTITLEMENT TO RELIEF BY WAY OF INTERPLEADER.

(1) Where:- (a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; or (b) claim is made to any money, goods or chattels taken or intended to be taken by a sheriff in execution under any process, or to the proceeds or value of any such goods or chattels by a person other than the person against whom the process is issued, the person under liability as mentioned in paragraph (1)(a) or, as the case may be, the sheriff, may apply to the Court for relief by way of interpleader. (2) References 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.

RULE 2 – CLAIM TO GOODS, ETC. TAKEN IN EXECUTION.

(1) Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken under process of the Court or to the proceeds or value of any such goods or chattels, shall give notice of his claim to the sheriff charged with the execution of the process and shall include in his notice a statement of his address, and that address shall be his address for service. (2)(a) 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 7 days after receiving the notice, give notice to the sheriff informing him whether he admits or disputes the claim; (b) 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. (3) Where:- (a) the sheriff receives a notice from an execution creditor under paragraph (2) disputing a claim, or the execution creditor fails, within the period mentioned in that paragraph 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. (4) A sheriff who receives a notice from an execution creditor under paragraph (2) admitting a claim made under this provision shall withdraw from possession of the money, goods or chattels claimed and may apply to the Court for relief under this provision of the following kind, that is to say, an order restraining the bringing of an action against him for or in respect of his having taken possession of that money or those goods or chattels.

RULE 3 – MODE OF APPLICATION.

(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. (2) Where the applicant is a sheriff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2(4), the summons shall be served on any person who made a claim under rule 2(1) to or in respect of that money, or goods or chattels, and that person may attend the hearing of the application. (3) No appearance need be entered to an originating summons under this provision.

RULE 4 – MATTERS TO BE PROVED.

The applicant shall satisfy the Court or a Judge in Chambers by affidavit or otherwise:- (a) that the applicant claims no interest in the subject matter in dispute, other than for charges or costs; and (b) that the applicant does not collude with any of the claimants; and (c) that the applicant is willing to pay or transfer the subject matter into Court or to dispose of it as the Court or a Judge in Chambers may direct.

RULE 5 – WHEN APPLICATION TO BE MADE BY DEFENDANT.

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

RULE 6 – STAY OF ACTION.

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

RULE 7 – ORDER UPON SUMMONS.

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

RULE 8 – FAILURE OF CLAIMANT TO APPEAR, OR NEGLECT TO OBEY SUMMONS.

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

RULE 9 – COSTS, ETC.

The Court or a Judge in Chambers may, in or for the purposes of any interpleader proceedings, make all such orders as to costs and all other matters as may be just and reasonable.


 Rules in ORDER 29 – COMPETENCE AND APPOINTMENT
RULE 1 – –

Mediators shall be competent and knowledgeable in the process of mediation. Relevant factors shall include proper training and continuous updating of their education and practice in mediation skills, having regard to any relevant standards or accreditation schemes.

RULE 2 – –

The mediator shall satisfy himself that he is competent to conduct ADR proceedings before accepting the appointment and, upon request, shall disclose information concerning his background and experience to the parties.

RULE 3 – DISCONTINUANCE OF ACTION, ETC. WITH LEAVE.

(1) Except as provided by rule 2, a party may not discontinue an action or counter-claim or withdraw any particular claim made by him therein without leave of the Court, and the Court hearing an application for the grant of such leave may order the action or counter-claim to be discontinued or any particular claim made therein to be struck out, as against any or all of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just. (2) An application for the grant of leave under this rule may be made by summons or motion on notice.

RULE 4 – EFFECT OF DISCONTINUANCE.

Subject to any terms imposed by the Court in granting leave under rule 3, the fact that a party has discontinued an action or counter-claim or withdrawn a particular claim made by him therein shall not be a defence to subsequent action for the same, or substantially the same, cause of action.

RULE 5 – STAY OF SUBSEQUENT ACTION UNTIL COSTS PAID.

Where a party has discontinued an action or counter-claim or withdrawn any particular claim made by him therein, and he is liable to pay costs to any other party of the action or counter-claim or the costs occasioned to any other party by the claim withdrawn, then if, before payment of those costs, he subsequently brings an action for the same or substantially the same cause of action, the Court may order the proceedings in that action to be stayed until those costs are paid.

RULE 6 – WITHDRAWAL OF SUMMONS

A party who has taken out a summons or filed a motion in a pending cause or matter may not withdraw it without leave of the Court.


 Rules in ORDER 30 – IMPARTIALITY AND CONFLICT OF INTEREST
RULE 1 – –

The Mediator shall at all times act fairly and with complete candor and impartiality towards the parties in the Mediation.

RULE 2 – –

The Mediator shall disclose to the parties any matter that he is aware of whether apparent, potential or actual involving a conflict of interest.

RULE 3 – –

This disclosure shall be made in writing to all the parties as soon as the mediator becomes aware of it, whether the matter occurs prior to or during the ADR process.

RULE 4 – –

In these circumstances the mediator may not act (or continue to act) during the ADR sessions unless all the parties specifically acknowledge the disclosure and agree in writing to the mediator acting or continuing to act as mediator.


 Rules in ORDER 31 – FULL DISCLOSURE BY MEDIATOR
RULE 1 – –

Mediator shall disclose: (i) If he had previously acted in any capacity for any of the parties (other than as Mediator in other Altemative Dispute Resolution procedures) (ii) If he has any financial or other interest (whether direct or indirect in any of the parties or in the subject matter or outcome of the Mediation. (iii) If he has any confidential information about any of the parties or in the subject matter of the Mediation.

RULE 2 – –

The Mediator will not act for any of the parties individually in connection with the dispute which is the subject of the mediation while acting as the mediator or at any time thereafter without the written consent of all the other parties.

RULE 3 – ACCEPTANCE OF SUM PAID.

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 plaintiff 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 plaintiff may forthwith apply by motion for payment of the money to him; 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.

RULE 4 – NON-ACCEPTANCE OF SUM PAID IN.

If the plaintiff does not so apply, he shall be considered as insisting that he has sustained damages to a greater amount, or (as the case may be) that the defendant was and is indebted to him in a greater amount, than the sum paid in; and in that case the Court, in disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been made and not accepted.

RULE 5 – PAYMENT INTO COURT WITH DENIAL OF LIABILITY.

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 following rules shall apply:- (a) the plaintiff may accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made the sum so paid in, (whereupon all further proceedings in respect of such claim or cause of action except as to cost shall be stayed), or the plaintiff may refuse to accept the money in satisfaction in which case the money shall remain in Court subject to the provision hereinafter mentioned; (b) if the plaintiff accepts the money so paid in he shall be entitled, with leave of the Court, to have the money paid out to him; (c) if the plaintiff does not accept the sum so paid in, but proceeds with the action in respect of such claim or cause of action or any part thereof, the money shall remain in Court. If the plaintiff proceeds with the action in respect of such claim or cause action or any part thereof and succeeds, the amount paid in shall be applied, so far as is necessary, in satisfaction of the plaintiff s claim and the balance (if any) shall, under Court order, be repaid to the defendant. If the defendant succeeds in respect of such claim or cause of action, the whole amount shall, under Court order, by repaid to him.

RULE 6 – CUSTODY OF MONEY: PAYMENT INTO BANK.

Where any money is required to be paid into or deposited in Court, the Court may, if it shall think it expedient, order that the money be paid into a savings account at a reputable commercial bank. Such payment shall be done by the 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.

RULE 7 – PAYMENT BY PLAINTIFF.

A plaintiff may, in answer to a counter-claim, pay money into Court in satisfaction thereof subject to the like condition as to costs and otherwise as upon payment into Court by a defendant.

RULE 8 – NO PAYMENT OUT WITHOUT ORDER.

Money paid into Court pursuant to rule 1 or 7 under an order of the Court or a Judge shall not be paid out except in pursuance of an order of the Court or a Judge.

RULE 9 – PAYMENT OUT:SMALL INTESTATE ESTATE.

Where a person entitled to a fund in Court, or a share of such fund, dies intestate and the Court is satisfied that no grant of administration has been made and that the assets of his estate do not exceed two thousand naira in value including the value of the fund or share, it may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would have the prior right to a grant of administration of the estate of the deceased. “Fund in Court” in this rule includes money paid into a bank account under rule 6.


 Rules in ORDER 32 – CONFIDENTIALITY
RULE 1 – –

The Mediator shall strictly maintain and respect the confidentiality of all information that has come to him or he has had access to during the ADR process. (i) The Mediator shall not disclose the information whether a mediation is to take place or has taken place; and (ii) The Mediator shall not disclose any information (whether given orally, in writing or otherwise) arising out of, or in connection with, the Mediation, including the fact of any settlement and its terms. (iii) If the Mediator is given information by any party which is implicitly confidential or is expressly stated to be confidential (which is not already public), the Mediator shall maintain the confidentiality of the information from all other parties, except to the extent that the disclosure has been specifically authorised.

RULE 2 – –

The duty of confidentiality in order 32 Rule (i) above will not apply if, and to the extent that: (i) All parties consent to the disclosure of such information (ii) The Mediator is required under the law to make such disclosure (iii) The Mediator reasonably considers that there is serious risk of significant harm to the life or safety of any person if the information in question is not disclosed; or (iv) The Mediator wishes to seek guidance in confidence from any superior officer of Multi-Door Courthouse on any ethical or other serious question arising out of the Mediation.

RULE 3 – FORM OF APPLICATION.

Interrogatories shall be in Form 30 with such variations as circumstances may require.

RULE 4 – CORPORATION OR COMPANIES.

If any party to an action is a body corporate or a joint stock company, whether incorporated or not, or any other body of persons, empowered by law to sue or be sued, whether in its own name or in the name of an officer or other persons, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation, company, or body, and an order may be made accordingly.

RULE 5 – AFFIDAVIT IN ANSWER; FILING.

Interrogatories shall be answered by affidavit to be filed within 10 days, or within such other time as the Court or a Judge in Chambers may allow. Two copies of the affidavit shall be supplied to the registrar.

RULE 6 – FORM OF AFFIDAVIT IN ANSWER.

An affidavit in answer to interrogatories shall be in Form 31 with such variations as circumstances may require.

RULE 7 – OBJECTIONS TO ANSWERING INTERROGATORIES.

Any objections to answering any interrogatory on the ground that it is scandalous or irrelevant, or not bonafide for the purpose of the cause or matter, or that the matters inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer.

RULE 8 – ORDER TO ANSWER OR ANSWER FURTHER.

If any person interrogated omits to answer or answers insufficiently, the party interrogating may apply to the Court or a Judge in Chambers for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination, as the Court or Judge may direct.

RULE 9 – APPLICATION FOR DISCOVERY OF DOCUMENTS.

Any party may, without filing any affidavit apply to the Court or a Judge in Chambers, for an order directing any other party to make discovery on oath of the documents which are or have been in his possession of power, relating to any matter in issue. In the hearing of such application the Court or Judge in Chambers may either refuse or adjourn the same, is satisfied that such discovery is not necessary, or make such order, either generally or limited to certain classes of documents, as may, in its or his discretion, be thought fit: Provided that discovery shall not be ordered when and so far as the Court or Judge shall be of opinion that it is not necessary either for disposing fairly of the action or for saving costs.

RULE 10 – IN ACTION ON MARINE INSURANCE POLICIES.

Where in any action arising on a marine insurance policy an application for discovery of documents is made by the insurer, the following provisions shall apply:- (a) on the hearing of the application, the Court or Judge in Chambers may, subject as provided in the next paragraph, make an order in accordance with rule 9; (b) where in any case the Court or Judge in Chambers is satisfied, either on the original application or a subsequent application, that it is necessary or expedient, having regard to the circumstances of the case, to make an order for the production of ship’s papers; the Court or Judge in Chambers may make such an order in Form 68; (c) in making an order under this rule the Court or Judge in Chambers may impose such terms and conditions as to staying proceedings or otherwise as the Court or Judge in Chambers-in its or his absolute discretion shall think just; (d) rule 13 shall not apply to any application made under this rule.

RULE 11 – AFFIDAVIT OF DOCUMENTS.

The affidavit to be made by any person against whom an order for discovery of documents has been made under rule 9 or under paragraph (a) or paragraph (b) of rule 10 shall specify which, if any, of the documents therein mentioned he objects to produce, and it shall, except in the case of an order made under paragraph (b) of rule 10 be in Form 32 with such variations as circumstances may require.

RULE 12 – POWER TO ORDER LIST OF DOCUMENTS IN LIEU OF AFFIDAVIT.

On the hearing of any application for discovery of documents the Court or Judge in Chambers in lieu of ordering an affidavit of documents to be filed may order that the party from whom discovery is sought shall deliver to the opposite party a list of the documents which are or have been in his possession, custody, or power relating to the matters in question. Such list shall, as nearly as may be, follow the form of the affidavit in Form 32: Provided that the ordering of such list shall not preclude the Court or Judge in Chambers from afterwards ordering the party to make and file an affidavit of documents.

RULE 13 – PRODUCTION OF DOCUMENTS.

It shall be lawful for the Court or a Judge in Chambers at any time during the pendency of an action to order the production by any party, upon oath, of such of the documents in his possession or power, relating to any matter in question in such action as the Court or Judge in Chambers shall think right and the Court may deal with such documents, when produced, in such manner as shall appear just.

RULE 14 – INSPECTION OF DOCUMENTS REFERRED TO IN PLEADINGS OR AFFIDAVIT.

(1) Every party to a cause or matter shall be entitled, at any time, by notice in writing, to give notice to any other party in whose pleadings of affidavits reference is made to any document to produce such document for the inspection of the party giving such notice, or of his legal practitioner, and to permit him or them to take copies thereof. (2) Any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such action, unless he shall satisfy the Court or a Judge in Chambers that such document relates only to his own title, he being a defendant to the cause or matter, or that he had some other cause or excuse which the Court or Judge in Chambers shall deem sufficient for not complying with such notice, in which case the Court or Judge in Chambers may allow the same to be put in evidence on such terms as to costs and otherwise as the Court or Judge in Chambers may think fit.

RULE 15 – NOTICE TO PRODUCE.

Notice to any party to produce any documents referred to in his pleadings or affidavit shall be in Form 33 with such variations as circumstances may require.

RULE 16 – TIME FOR INSPECTION WHEN NOTICE GIVEN UNDER RULE 14.

The party to whom notice is given under rule 14 shall, within 2 days from the receipt of such notice, if all the documents therein referred to have been set forth by him in such affidavit as is mentioned in rule 11, or if any of the documents referred to in such notice have not been set forth by him in any such affidavit, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within 7 days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his legal practitioner, or in the case of banker’s books or other books of accounts, or books in constant use for the purpose of any trade or business at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what grounds. Such notice shall be in Form 34 with such variations as circumstances may require.

RULE 17.1 – ORDER FOR INSPECTION.
RULE 17.2 – AFFIDAVIT IN SUPPOET OF APPLICATION, WHEN REQUIRED.
RULE 18.1 – VERIFIED COPIES.
RULE 18.2 – POWER TO ORDER DISCOVERY PARTICULAR DOCUMENT OR CLASS OF DOCUMENTS.
RULE 19 – PREMATURE DISCOVERY.

If the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court or a Judge in Chambers may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the action or that for any other reason it is desirable that any issue or question in dispute in the action should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

RULE 20 – NON-COMPLIANCE WITH ORDER FOR DISCOVERY.

If any party fails to comply with any order to answer interrogatories or for discovery or inspection of documents, he shall be liable to committal. He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out and to be placed in the same position as if he had not defended, and the party interrogating may apply to the Court or a Judge in Chambers for an order to that effect, and an order may be made accordingly.

RULE 21 – SERVICE ON LEGAL PRACTITIONER ORDER FOR DISCOVERY.

Service of an order for interrogatories or discovery or inspection made against any part or legal practitioner shall be sufficient service to found an application for an attachment for disobedient to the order. But the party against whom the application for attachment is made may show in answer to the application that he has no notice or knowledge of the order.

RULE 22 – LIABILITY OF LEGAL PRACTITIONER.

A legal practitioner upon whom an order against any party for interrogatories or discovery or inspection is served under the last preceding rule, who neglects without reasonable excuse to give notice thereof to his client, shall be liable to pay the- costs occasioned thereby.

RULE 23 – USING ANSWER TO INTERROGATORIES AT TRIALS.

Any party may, at the trial of a cause, matter or issue, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer. Provided always, that in such case the Judge may look at the whole of the answers, and if he shall be of opinion that any others of them are so connected with those put in that those not put in ought not to be used without them, he may direct them to be put in.

RULE 24 – DISCOVERY AGAINST SHERIFF.

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

RULE 25 – ORDER TO APPLY TO INFANTS.

This Order shall apply to infant plaintiffs and defendants, and to their next friends and guardians ad litem.

RULE 26 – POWER TO REVOKE ORDER MADE.

Any order made under the provisions of this Order (including an order made on appeal) may, or sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court or a Judge in Chambers made or given at or before trial.


 Rules in ORDER 34 – MEDIATOR’S COMPLIANCE WITH AGREEMENT BY PARTIES
RULE 1 – –

The mediator shall act in accordance with the agreement (whether written or oral) made between the parties in relation to the Mediation Agreement (except where to do so would cause a breach of the provisions of these Rules).

RULE 2 – –

The Mediator shall ensure that the mediation proceeds in accordance with the terms of the Mediation Agreement.

RULE 3 – POWER TO ORDER SAMPLES TO BE TAKEN.

(1) Where it considers it necessary or expedient for the purpose of obtaining full information or evidence in any action, the Court may, on the application of a party and on such terms, if any, as it thinks just, by order authorise or require any sample to be taken of any property which is the subject matter of the action or as to which any question may arise therein, any observation to be made on such property or any experiment to be tried on or with such property. (2) For the purpose of enabling any order under paragraph (1) to be carried out, the Court may by the order authorise any person to enter any land or building in the possession of any party. (3) Paragraph (5) and (6) of rule 2 shall apply in relation to an application for an order under this rule as they apply in relation to an application for an order under that rule.

RULE 4 – SALE OF PERISHABLE PROPERTY, ETC.

(1) 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 (if any) 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 question arises therein and which is of a perishable nature or likely to deterioriate if kept or which for any other reason it is desirable for sell forthwith. (2) Paragraphs (5) and (6) of rule 2 shall apply in relation to an application for an order under this rule as they apply in relation to an application for an order under that rule.

RULE 5 – ORDER FOR EARLY TRIAL.

Where on the hearing of an application made before the trial of a cause or matter, for an injunction or appointment of a receiver or an order under rule 2, 3 or 4, it appears to the Court that the matter in dispute can be better dealt with by an early trial than by considering the whole merit thereof for the purposes of the application, the Court may make an order accordingly and may also make such order as respects the period before trial as the justice of the case requires. Where the Court makes an order for early trial, it shall by the order determine the place and mode of the trial.

RULE 6 – RECOVERY OF PERSONAL PROPERTY SUBJECT TO LIEN, ETC.

Where the plaintiff, 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, at any time after the claim to be so entitled upp.ars from the pleadings (if any) or by affidavit or otherwise to its satisfaction, 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 and such further sum if any for 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, but subject to the provision of the Laws relating to Exchange Control.

RULE 7 – DIRECTIONS.

Where an application is made under any of the foregoing provisions of this Order, the court may give directions as to the further proceedings in the action.

RULE 8 – ALLOWANCE OF INCOME OF PROPERTY PENDENTE LITE.

Where any real or personal property forms the subject matter of any proceedings, and the court is satisfied that 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 at any time allow 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.


 Rules in ORDER 35 – WITHDRAWAL OF A MEDIATOR
RULE – – –

The Mediator shall withdraw from the Mediation if he: – (a) is required to do so by any of the Parties (b) is in breach of the code of conduct and the provisions of these Rules (c) is required by the Parties to do something which would be in material breach of the Code and the provisions of these Rules The Mediator may withdraw from the Mediation at his/her own discretion if: (a) Any of the Parties is acting in breach of the Mediation Agreement; (b) Any of the parties is, in the Mediator’s opinion, acting in an unconscionable or criminal manner, (c) The Mediator decides that continuing the mediation is unlikely toresult in a settlement; (d) Any of the Parties alleges that the Mediator is in material breach of this code.

RULE 1 – ORDER TRANSFERRING PROCEEDINGS FROM THE DISTRICT COURT TO HIGH COURT OR TO THE DISTRICT COURT.

Where a Judge has ordered the transfer of any action from the District court to the High court or to a District Court, a copy of the order duly certified by the Registrar shall forthwith be sent to the Registrar of the Court who shall transmit to the Court or the District Court, as the case may be, the process and proceedings in every such action, and an attested copy of all entries in the books of that Court relating thereto and thenceforth all proceedings in the action shall be taken in the Court to which the transfer is made as if the action had been commenced therein.

RULE 2 – PAYMENT OF FEES FOR FILING.

(1) On receipt by the Court of the documents mentioned in the last preceding rule, the Registrar shall notify the party, who applied for the transfer or, where the transfer was not made on application of any party, the plaintiff, to attend at the Registry of the court and pay the fees for filing the documents, if any. Such payment shall be without prejudice to the question how the costs shall ultimately be borne. (2) Such notification shall be effected by serving a notice personally on the party concerned or where an address for service has been given by such party in the District Court, service may be effected by leaving the notice with an adult person resident or employed at the address for service given in the District Court.

RULE 3 – DUTIES OF REGISTRAR.

(1) The Registrar shall, or payment of the prescribed fees, if any, file the document received from the District Court and make an entry of such filing in the Cause Book. (2) The Registrar shall then serve notice on the parties to attend in person or by their legal practitioners before the Court on the day and at the time specified in the notice. The fees for the service of this notice shall be defrayed in the first instance by the party who has paid the fees for filing as provided by rule 2(1).

RULE 4 – PARTY FAILING TO ATTEND COURT.

(1) If the plaintiff fails to attend in compliance with notice given under rule 3(2), the Court shall record his default and the defendant may apply by summons for an order dismissing the action. The provisions of paragraph (2) of rule shall apply to the to the service of such summons on the plaintiff. (2) Upon an application by a defendant to dismiss the action, the court may either dismiss the action upon such terms as may be just or make such other order on such terms as it shall think just. (3) If the defendant fails, or all the defendants if more than one fail to attend in compliance with a notice given under rule 3(2), the plaintiff, after having caused an address for service to be entered in the Cause Book may, by leave of the Court to be obtained on summons, have judgment entered for him with costs or obtain the order prayed for in the transferred proceedings. The provisions of paragraph (2) of rule 2 shall apply to the service of such summons on the defendant or the defendants.

RULE 5 – CONSTRUCTION.

The references in rule 4 to the plaintiff and the defendant shall, in relation to proceedings commenced otherwise than by plaint, by construed as references to the applicant and the respondent.

RULE 6 – CONSOLIDATION.

(1) Actions pending in the High Court may be consolidated by order of the Court or of a Judge in Chambers where it appears that the issues are the same in all the actions and can therefore be properly tried and determined at one and the same time. (2) An order to consolidate may be made where two or more actions are pending between the same plaintiff and the same defendant, or between the same plaintiff and different defendants or between different plaintiffs and the same defendant, or between different plaintiffs and different defendants: Provided that where actions are brought by the same plaintiff against different defendants, they shall not be consolidated without the consent of all the parties unless the issues to be tried are precisely similar. (3) Applications for consolidation may be made by summons or notice for directions in Chambers, or they may be made by motion in Court on notice. (4) Where an order for consolidation has been made, it shall be drawn up at the expense of the party or parties who applied for consolidation and shall be recorded in the Cause Book. (5) In the application of these provisions to proceedings not begun by a writ of summons, references to the plaintiff and the defendant shall be construed as references to the applicant and the respondent.

RULE 7 – INTERPRETATION.

District Court in this order includes Magistrate’s Court in those States where civil actions are conducted in Magistrate’s Courts.


 Rules in ORDER 36 – ENFORCEMENT
RULE – – –

Upon the completion of the ADR proceedings, Settlement Agreement which is duly signed by the parties shall be enforceable as a contract between the parties and when such agreements are further endorsed by an ADR Judge, it shall become a Consent Judgment enforceable by law.

RULE 1 – AT OR BEFORE HEARING.

At any time before or at the hearing, the Court may, if it thinks fit, on the application of any party, or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, and may reduce such questions into writing and settle them in the form of issues which issues when settled may state questions of law on admitted facts, or questions of disputed facts, or questions partly of the one kind and partly of the other.

RULE 2 – COURT MAY GIVE DIRECTION.

The Court may, if it thinks fit, direct the parties to prepare such issues, and the same shall be settled by the Court.

RULE 3 – WHEN TO BE SETTLED.

The 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. If otherwise, notice shall be given to the parties to attend the settlement of the issues.

RULE 4 – COURT MAY AMEND OR FRAME ADDITIONAL ISSUES.

At any time before the decision of the case, if it shall appear to the court necessary for the purpose of determining the real question or controversy between the parties, the Court may amend the issues or frame additional issues on such terms as to it shall seem fit.

RULE 5 – TIME,ETC., OF TRIAL OF QUESTIONS OR ISSUES.

(1) The court may order any question or issue arising in a cause or matter, whether of fact or of law, or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated. (2) An order under this rule may be made on application by a party or a Judge in Chambers on its or his own motion. (3) Application by any party for such order shall be by notice stating the question or issue sought to be tried.

RULE 6 – DISMISSAL OF ACTION, ETC. AFTER DECISION OF PRELIMINARY ISSUE.

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.

RULE 7 – PROVISIONS SUBJECT TO OTHER WRITTEN LAWS.

This Order shall be subject to the provisions of these rules and any subject to written law in force in the State regarding transfer of cases.


 Rules in ORDER 37 – ARBITRATION
RULE 1 – AGREEMENT OF PARTIES
RULE 2 – NOTICE OF ARBITRATION

(i) Parties seeking arbitration shall give notice of the reference of the dispute to arbitration. (ii) The Notice of Arbitration shall include the following; a. A demand that the dispute be referred to arbitration; b. The names and addresses of the parties; c. A reference to the arbitration clause or separate arbitration agreement that is invoked; d. A reference to the contract out of or in relation to which the dispute arose; e. The general nature of the claim and an indication of the amount involved if any; f. The relief or remedy sought; g. A proposal as to the number of arbitrators (i.e. one or three), if the parties have not previously agreed thereon.

RULE 3 – PRELIMINARY MEETING

Arbitrator(s) shall hold a preliminary meeting with the parties or their counsel. (a) At the preliminary meeting, parties shall agree on preliminary issues and the way and manner the arbitral proceedings shall be conducted. (b) All decisions taken at the preliminary meeting shall be with the consent of the parties.

RULE 4 – PROCEDURAL DIRECTION/ORDER

After the preliminary meeting, the arbitrator shall issue the procedural directions, or order in writing setting out the arrangements agreed to at the meeting.

RULE 5 – NAME OF TRIBUNAL

Any tribunal constituted by the parties for the settlement of their dispute under these Rules shall be called the Arbitral Tribunal.

RULE 6 – WRITTEN NOTIFICATIONS/COMMUNICATIONS

(i) Parties shall provide sufficient numbers of copies of Pleadings, other written communications and documents annexed thereto, for the arbitrator(s), Multi-Door Courthouse and the other party or parties. (ii) All notifications or communications from the Multi-Door Courthouse and the Arbitral Tribunal shall be made to the last address of the party or its representative. (iii) Such notification or communication may be made by delivery against receipt, registered post, courier, facsimile transmission, telex, email, telegram or any other means of telecommunication that provides a record of the sending thereof.

RULE 7 – TIME LIMITS

(i) Any time specified in, or fixed under these Rules shall start to run on the day following the date a notification or communication is deemed to have been made in accordance with these Rules. (ii) When the next day following such date is an official holiday, or a non-business day in the country where the notification or communication is made or deemed to have been made, the period of time shall commence on the next business day. (iii) Official holidays and non-business days are not included in the calculation of the periodof time.

RULE 8 – RULES GOVERNING THE PROCEEDINGS

(i) Proceedings before the Arbitral Tribunal shall be governed by these Rules, and where there is a lacuna, by any rule to which the parties have agreed or, any rule which the Arbitral Tribunal may decide to follow. (ii) In all cases, the Arbitral Tribunal shall act fairly and impartially and ensure that each party has a reasonable opportunity to present its case.

RULE 9 – ADMINISTRATION AND DELEGATION OF DUTIES

(i) When parties agree to arbitrate under these Rules, or when they provide for arbitration by Multi-Door Courthouse and arbitration is initiated under these Rules, they thereby authorise the Multi-Door Courthouse to conduct the arbitration. (ii) The authority and duties of the Multi-Door Courthouse are prescribed in the agreement of the parties and in these Rules, and may be carried out through any of the Multi-Door Courthouse Representatives as it may direct.

RULE 10 – PANEL OF NEUTRALS

The Multi-Door Courthouse shall establish and maintain a Panel of Neutrals from which arbitrators may be appointed.

RULE 11 – INITIATION PURSUANT TO ARBITRATION CLAUSE

Arbitration pursuant to an arbitration clause in a contract shall be initiated in the following manner: (i) The Claimant shall, within the time specified in the contract, give written notice of arbitration to the other party (Respondent). (ii) The notice shall contain a statement setting forth the nature of the dispute, the amount involved, if any, the remedy sought, and the hearing venue requested. (iii) The initiating party shall file four copies of the notice and four copies of the arbitration provisions of the contract, together with the appropriate filing fee at the Multi-Door Courthouse as provided in the schedule in these Rules. (iv) The Claimant shall serve Notice referred to in this Rule and provide proof thereof the Multi-Door Courthouse (v) A Respondent shall file sufficient copies of answering statement with Multi-Door Courthouse within 10 days after notice from the Multi-Door Courthouse and send a copy of the answering statement to the claimant. (vi) If the Respondent puts up a counterclaim that is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount involved, if any and the remedy sought. (vii) If no answering statement is filed within the stated time, it shall be treated as a denial of the claim and the Claimant shall proceed to prove its claim (viii) Failure to file an answering statement shall not operate to delay the arbitration.

RULE 12 – INITIATION UNDER A SUBMISSION

(i) Parties to existing disputes shall commence arbitration under these Rules by filing Submission as in Form B under these Rules duly signed by the parties at the Multi-Door Courthouse, together with the appropriate filing fee as provided in Schedule A.

RULE 13 – AMENDMENTS OF CLAIMS

(i) After filing of claim, if either party desires to make any new or different claim or counterclaim, it shall be made in writing and filed with Multi-Door Courthouse, and a copy shall be served on the other party. (ii) The Respondent shall have a period of 10 days from the date of such service within which to file an answer with the Multi-Door Courthouse. (iii) After the arbitrator is appointed, no new or different claim may be submitted except with the arbitrator’s consent.

RULE 14 – MEDIATION

(i) At any stage of the arbitration proceedings, the parties may agree to conduct a mediation conference under the Multi-Door Courthouse Procedure Rules in order to facilitate settlement. (ii) The mediator shall not be the arbitrator handling the case. (iii) Where the parties to a pending arbitration agree to mediate under the Multi-Door Courttrouse procedure Rules, no additional administrative fee is required to initiate the mediation.

RULE 15 – GENERAL PROVISIONS

(i) Every arbitrator must be and remain independent of the parties involved in the arbitration. (ii) prior to the appointment or confirmation, a prospective arbitrator shall sign a statement of independence and disclose in writing to the Multi-Door Courthouse any fact or circumstance which might be of such a nature as to call into question the arbitrator’s independence in the eyes of the parties. (iii) The Multi-Door Courthouse shall provide such information to the parties in writing and fix a time limit for any comments from them. (iv) An arbitrator shall immediately disclose in writing to the Multi-Door Courthouse and to the parties any fact or circumstance of a similar nature which may arise during the arbitration. (v) By accepting to serve, every arbitrator undertakes to carry out these Rules.

RULE 16 – NUMBER OF ARBITRATORS

If the arbitration agreement does not specify the number of arbitrators, the dispute shall be heard and determined by one arbitrator, unless the Multi-Door Courthouse, in its discretion, directs that additional arbitrator(s) be appointed.

RULE 17 – APPOINTMENT OF ARBITRATORS

(i) parties may mutually agree upon any procedure for appointing arbitrators and shall inform the Multi-Door Courthouse of such procedure. (ii) The parties may mutually designate arbitrators, with or without the assistance of the Multi-Door Courthouse. When such designations are made, the parties shall notify the Multi-Door Courthouse so that notice of the appointment can be communicated to the arbitrator(s) together with a copy of these Rules. (iii) If within 30 days after the commencement of the arbitration, all the parties have not mutually agreed on a procedure for appointing the arbitrator(s) or have not mutually agreed on their designation, the Multi-Door Courthouse shall at the written request of any party, appoint an arbitrator. (iv) If all of the parties have mutually agreed upon a procedure for appointing the arbitrator(s) but all appointments have not been made within the time limit provided in that procedure, the Multi-Door Courthouse or its designate shall, at the written request of any party perform all functions provided for in that procedure.

RULE 18 – APPOINTMENT OF A SINGLE ARBITRATOR

In the case of the appointment of a single arbitrator, the Multi-Door Courthouse shall: (i) At the request of one of the parties, communicate to both parties an identical list containing at least three names taken from the Multi-Door Courthouse list of arbitrators. (ii) Within 10 days after the receipt of this list, each party shall return the list to the Multi-Door Courthouse after having deleted the name or names to which the party objects and have numbered the remaining names on the list in the order of their preference. (iii) After the expiration of the stipulated time, the Multi-Door Courthouse shall appoint a sole arbitrator from among the names approved on the list returned to it and in accordance with the order of preference indicated by the parties. (iv) If for any reason, the appointment cannot be made under this procedure, the Multi-Door Courthouse shall exercise its discretion in appointing the sole arbitrator.

RULE 19 – APPOINTMENT OF ARBITRAL TRIBUNAL

(i) Where three arbitrators are to be appointed, each party shall appoint one arbitrator. (ii) The two arbitrators thus appointed shall choose the third arbitrator who shall act as the presiding arbitrator of the tribunal. (iii) If within 10 days after the receipt of a party’s notification of the appointment of an arbitrator, the other party has not notified the first party of the arbitrator he has appointed, the first party may request the Multi-Door Courthouse to appoint the second arbitrator. (iv) lf within 15 days after the appointment of the second arbitrator, the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the Multi-Door Courthouse in the same way a sole arbitrator would be appointed.

RULE 20 – CHALLENGE OF ARBITRATORS

(i) A challenge of an arbitrator, whether for an alleged lack of independence or otherwise, shall be made by the submission of a written statement to the Multi-Door Courthouse specifying the facts and circumstances on which the challenge is based. (ii) For a challenge to be admissible, it must be sent by a party either within 30 days from receipt by that party of the notification of the appointment or confirmation of the arbitrator, or (iii) Within 30 days from the date the party making the challenge was informed of the facts and circumstances on which the challenge is based if such date is subsequent to the receipt of such notification. (iv) The Multi-Door Courthouse shall decide on the merits of a challenge after it has afforded an opportunity for the arbitrator concerned, the other party or parties and any other members of the Arbitral Tribunal, to comment in writing within a reasonable time. (v) All comments shall be communicated to the parties and to the arbitrator(s).

RULE 21 – REPLACEMENT OF AN ARBITRATOR

(i) In the event of the death or resignation of an arbitrator during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen following the same procedure applicable to the appointment of the arbitrator being replaced. (ii) In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of his performing his function, the procedure in respect of the challenge and replacement of an arbitrator shall apply. (iii) If a substitute arbitrator is appointed to replace the presiding arbitrator, the Arbitral Tribunal shall determine at its sole discretion, whether all or part of any prior hearing shall begin de novo.

RULE 22 – VENUE FOR ARBITRATION

(i) The parties shall determine the venue of the arbitration. (ii) The Arbitral Tribunal may, after consultation with parties, conduct hearings and meetings at any location it considers appropriate unless otherwise agreed by the parties. (iii) The Arbitral Tribunal may deliberate at any location it considers appropriate.

RULE 23 – LANGUAGE OF ARBITRATION

(i) In the absence of an agreement by the parties, the Arbitral Tribunal shall determine the language of the arbitration. (ii) Due regard shall be given to all relevant circumstances, including the language of the contract.

RULE 24 – ESTABLISHING FACTS OF CASE

(i) The Arbitral Tribunal shall proceed within as short a time as possible to establish the facts of the case by all appropriate means. (ii) After studying the written submissions of the parties and all documents relied upon, the Arbitral Tribunal shall hear the parties together in person if any of them so requests or, failing such a request, it may of its own motion decide to hear them. (iii) The Arbitral Tribunal may decide to hear witnesses, experts appointed by the parties or any other person, in the presence of the parties, or in their absence provided they have been duly summoned. (iv) The Arbitral Tribunal, after having consulted the parties, may appoint one or more experts, define their terms of reference and receive their reports. At the request of a party, the parties shall be given the opportunity to question at a hearing any such expert appointed by the tribunal. (v) At any time during the proceedings, the Arbitral Tribunal may summon, any party to provide additional evidence. (vi) The Arbitral Tribunal may decide the case solely on the documents submitted by the parties unless any of the parties requests a hearing. (vii) The Arbitral Tribunal may take measues for protecting trade secrets and confidential information

RULE 25 – NOTICE TO APPEAR

(i) The Arbitral Tribunal shall give reasonable notice and summon the parties to appear before it on the date, time and venue scheduled. (ii) Arbitral Tribunal may proceed with the hearing in the absence of a party who received proper notice but failed to appear without a valid reason. (iii) The Arbitral Tribunal shall be in full charge of the hearing, at which all the parties shall be entitled to be present. Save with the approval of the Arbitral Tribunal and the parties, persons not involved in the proceedings shall not be admitted.

RULE 26 – WHO MAY ATTEND HEARING

Persons entitled to attend the hearing include; (i) The parties to the dispute or their representatives in the case of a Corporation. (ii) The lawyer or any other representative of each party who need not be a lawyer. (iii) The witnesses of each party. (iv) Any other person whose presence shall be determined to be necessary for the arbitration process.

RULE 27 – ADMISSIBILITY, RELEVANCE AND WEIGHT

The arbitrator shall determine the relevance, admissibility and weight to be attached to the evidence.

RULE 28 – CONDUCT OF PROCEEDINGS

Unless the parties agreed otherwise it is the tribunal that decides how the proceedings should be conducted- (i) By holding oral hearings forthe presentation of documents or oral arguments; or (ii) On the basis of documents or other materials; or (iii) By a combination of oral hearings and submission of documents and other materials.

RULE 29 – HEARING/ORAL ARBITRATION

1. Arbitration proceedings shall be held in camera unless other wise agreed by the parties. (i) The hearing may take the following procedure: (ii) The claimant opens his case by making an opening statement and where there is a counterclaim; claimant shall proffer his defense at this time. (iii) The Respondent may then open his case in a similar manner, setting out his defence and may put forth his counterclaim if any. (iv) The claimant calls and examines his witness(es) in chief, each may be crossed examined and re-examined on issues or matters that arose under cross examination. (v) Respondent may thereafter call his witness(es) in chief; they may be cross examined and re-examined. (vi) Respondent may deliver his closing argument to be followed by the claimant. (vii) The arbitrator may ask questions of any witness called by both parties.

RULE 30 – ARBITRATION WITHOUT A HEARING (DOCUMENTS ONLY)

(i) The parties shall produce all necessary documents sufficient for the Arbitral Tribunal to make a decision. (ii) If one party fails to produce documentary evidence within time and without showing good cause for such failure, the tribunal shall make the award on the evidence before it.

RULE 31 – REOPENING OF HEARING

(i) The hearing may be reopened on the arbitrator’s initiative, or upon the application of a party, at any time before the award is made. (ii) If reopened, the hearing would prevent the making of the award within the specific time agreed on by the parties in the contract out of which the controversy arose. (iii) The matter may not be reopened unless the parties agree on an extension of time. (iv) When no specific date is fixed in the contract, the arbitrator may reopen the hearing and shall have 30 days from the closing of the reopened hearing within which to make an award.

RULE 32 – INTERIM MEASURES

The arbitrator may issue such orders for interim relief as may be deemed necessary to safeguard the property that is the subject matter of the arbitration, without prejudice to the rights of the parties or to the final determination of the dispute.

RULE 33 – CLOSING OF PROCEEDINGS

(i) When it is satisfied that the parties have had a reasonable opportunity to present their cases, the Arbitral Tribunal shall declare the proceedings closed. (ii) No further submissions or arguments may be made, and no further evidence may be produced unless requested or authorised by the Arbitral Tribunal. (iii) When the Arbitral Tribunal has declared the proceedings closed, it shall indicate to the Multi-Door Courthouse an approximate date by which the award will be submitted. (iv) The Arbitral Tribunal shall communicate any postponement of that date to the Multi-Door Courthouse.

RULE 34 – MODIFICATION AND EXTENSION OF TIME

(i) The parties may modify any period of time by mutual agreement. (ii) The Multi-Door Courthouse or the arbitrator may for good cause extend any period of time established by these Rules. (iii) The Multi-Door Courthouse shall notify the parties of any extension. (iv) There shall be no extension of time for making the Arbitral Award.

RULE 35 – TIME LIMIT FOR AWARD

(i) The time limit within which the Arbitral Tribunal must render its final award is within one (1) month and shall not exceed 3 months in exceptional circumstances. (ii) Such time limit shall start to run from the date of the last signature by the Arbitral Tribunal declaring the proceedings closed. (iii) The Multi-Door Courthouse may extend this time limit pursuant to a reasonable request from the Arbitral Tribunal or on its own initiative if it decides it is necessary to do so.

RULE 36 – MAKING THE AWARD

(i) When the Arbitral Tribunal is composed of more than one arbitrator, an award is given by a decision. (ii) If there be no majority, the award shall be made by the chairman of the Arbitral Tribunal alone. (iii) The Award shall state the reasons upon which it is based. (iv) The Award shall be deemed to be made at the place of the arbitration and on the date therein.

RULE 37 – AWARD BY CONSENT

If the parties reach a settlement after the file has been transmitted to the Arbitral Tribunal, the settlement shall be recorded in the form of an Award made by consent of the parties if so requested by the parties and if the Arbitral Tribunal agrees to do so.

RULE 38 – NOTIFICATION, DEPOSIT AND ENFORCEABILITY OF AWARD

(i) Once an Award has been made, the Multi-Door Courthouse shall notify the parties of the text signed by the Arbitral Tribunal, provided that the costs of the arbitration have been fully paid to the Multi-Door Courthouse by the parties or by one of them. (ii) Additional copies certified true by the Director of the Multi-Door Courthouse shall be made available on request and at anytime to the parties, but to no one else. (iii) An original of each Award made in accordance with the present rules shall be deposited with the Multi-Door Courthouse. (iv) The Arbitral Tribunal and the Multi-Door Courthouse shall assist the parties in complying with whatever further formalities may be necessary. (v) Every Award shall be binding on the parties. By submitting the dispute to arbitration under these Rules, the parties undertake to carry out any Award without delay.

RULE 39 – CORRECTION AND INTERPRETATION OF AWARD

(i) On its own initiative, the Arbitral Tribunal may correct a clerical , computational or typographical error, or any errors of similar nature contained in an Award, provided such correction is submitted for approval to the Multi-Door Courthouse within 30 days of the date of such Award. (ii) An application by a party for the correction of an error or for the interpretation of an Award must be made to the Multi-Door Courthouse within 30 days of the receipt of the Award by such Party. (iii) After transmittal of the application to the Arbitral Tribunal, it shall grant the other party a reasonable time limit normally not exceeding 30 days, from the receipt of the application by that party to submit any comments thereon. (iv) If the Arbitral Tribunal decides to correct or interpret the Award, it shall submit its decision to correct or interpret the Award to the Multi-Door Courthouse not later than 30 days following the expiration of the time limit for the receipt of any comments from the other party or within such other period as the Multi-Door Courthouse may decide. (v) The decision to correct or to interpret the Award shall take the form of an addendum and shall constitute part of the Award.

RULE 40 – ENFORCEMENT OF ARBITRAL AWARD

The Arbitration Award shall be enforced as provided for in the Arbitration and Conciliation Act, Cap.A18, Laws of the Federation of Nigeria 2004 or such other amended legislation as may be in force at the time of making the Award. Dated this 1st day of December, 2009 Honourable Justice Idongesit Ntem Isua Chief Judge, High Court of Akwa lbom State