HIGH COURT OF OYO STATE (CIVIL PROCEDURE) RULES, 2022

2022

(Orders)

ORDER 1

Citation

These Rules shall be cited as the High Court of Oyo State (Civil Procedure) Rules, 2022.

Application

These Rules shall apply to all civil proceedings in the High Court of Oyo State including all part heard causes and matters in respect of steps to be further taken in such causes and matters.

Objective

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

Cessation of 2020 Rules

The High Court of Oyo State (Civil Procedure) Rules, 2010 shall cease to apply to all civil proceedings in the High Court of Oyo State including all part heard causes and matters from the commencement of these Rules.

Where no rule exists

Where no adequate provision is made in these Rules concerning any matter, the Court shall adopt such procedure as will in its view do substantial justice between the parties concerned.

Interpretation

These Rules shall be interpreted in accordance with the Interpretation Law, Cap. 65, Laws of Oyo State of Nigeria, 2000 or any amendment of re-enactment thereof.

Where in these Rules, depositions, affidavits and documents are required to be made, they shall be made in English language, provided that where the deponent does not understand English language; such depositions, affidavits and documents shall contain illiterate jurat.

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

“ADR” means “Alternative Dispute Resolution at the Oyo State Multi-Door Court House”

ARN” means “Authentication Registration Number’,
“Claimant” includes a Claimant in a Counterclaim;

“Court” means the High Court of Oyo State;

“Court Process” or “Process” includes Writ of Summons, Originating Process, Notices, Petitions, Pleadings,
Orders, Motions, Summons, Warrants and all documents or Written communication for which service is required;

“Decision” means any determination of the Court and includes Judgment, Ruling, Decree, Order, Directive, Conviction, Sentence or Recommendation;

“Defendant” includes a Defendant to a Counterclaim;

“E-Filing” means filing of a cause or matter electronically in accordance with these Rules;

“E-Filer” means a party or his counsel who chooses to file a Court process or document electronically;

“E F R” means Electronic Filing Registrar in charge of the E-Filing Centre of the High Court of Oyo State;

“E-Service” means service of duly filed Court processes electronically, in accordance with these Rules;

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

“Hard Copy” means the physical copy of the Court process to be filed or already filed which can be scanned and reduced to “soft copy”;

“Law means the High Court Law, Cap. 55, Laws of Oyo State, 2000 or any amendment or re-enactment thereof;

“Legal Practitioner” means a legal practitioner or counsel within the meaning of the Legal Practitioners’ Act;

“Lower Court” means the Court, whose judgment is appealed against, and includes a Magistrate’s Court but does not include an arbitrator, a referee or an auditor,

“Minor” means a person who has not attained the age of 18 years,

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

OYSMDC” means the Oyo State Multi-Door Courthouse;

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

“Probate Action” means an action for the grant of probate of the Will, or Letters of Administration of the Estate of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged Will, and all other incidental matters;

“Process Server” includes the Sheriff, Deputy Sheriff, Bailiff and Private process servers appointed and registered as such by the Chief Judge;

“Referee” means any person who has been appointed by the Court to determine any matter or question or issue or fact in a suit;

“Registrar” means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, Principal Registrar, Senior Registrar, Higher Registrar, or any other officer acting or performing the functions of a Registrar:

“Registry” means the registry of the High Court of Oyo State in the appropriate Judicial Division;

“Soft Copy” includes a compact disc or a flash drive or any other devise recognized as such;

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

ORDER 2

Place of Trial

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

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

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

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

Other Suits
(4) All other suits may be commenced and determined in the Judicial Division in which the Defendant resides or carries on business.

Place of Trial for Several Defendant

Without prejudice to the provisions of Sub Rule (4) of Rule 1, where there are several Defendants who reside or carry on business in different Judicial Divisions, the suit may be commenced in any one of those Judicial Divisions subject to any order or direction a Judge may make or give as to the most convenient arrangement for trial of the suit.

Suits commenced in wrong Judicial Division

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

ORDER 3

Purpose of Pre-Action Protocols

Pre-Action Protocols explain the conduct and sets out the steps required of parties prior to the commencement of proceedings to which this Civil Procedure Rules apply.

Application

The Pre-Action Protocol shall apply to actions listed below:
(a) Actions bordering on Breach of Contract
(b) Bankers/Customers Disputes
(c) Mortgages
(d) Recovery of Debts
(e) Defamation
(f) Professional Negligence
(g) Negligence Generally
(h) Landlord and Tenant Matters
(i) Land Matters

Steps expected of Parties

Prior to the commencement of proceedings, the Court will expect parties to have engaged in pre-trial correspondence sufficient to:
(a) understand each other’s position,
(b) make decisions about how to proceed;
(c) try to settle the issues
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings;
(f) reduce the costs of and delay in resolving the dispute.

Pre-Action Protocol Requirements Memorandum of claim

Any person who wishes to make a claim (“Claimant”) against another must comply with the following before commencing proceedings in Court:
(a) Prepare a memorandum of claim setting out concise details of the claim(s), including the basis upon which the claim(s) is made, a summary of the facts, reliefs and remedies sought, and if monetary, how the amount is calculated, and shall be accompanied by exhibits in support of the claim(s) as well as a proposal for the settlement of the dispute through the use of Alternative Dispute Resolution (“ADR”) mechanisms including but not limited to Negotiation, Mediation, Conciliation or Arbitration; and
(b) Deliver the memorandum of claim and accompanying documents to the party against whom the claim(s) is made.

Respondent’s Response

The party against whom a claim is made (“Respondent”) shall within seven (7) days of service of the memorandum of claim and its accompanying documents, serve the party making the claim his response to the memorandum of claim as well as his response to the Claimant’s proposal for settlement.

Duty upon Failure to Respond

Where the Respondent fails to file his Response to the Memorandum of Claim within seven (7) days as stipulated above, the Claimant shall send a reminder to the Respondent giving the Respondent an additional seven (7) days to respond, failing which, the Claimant should file an affidavit of the Respondent’s failure to participate in settlement talks.

Attempt at settlement

Upon receipt of the Respondent’ response to his memorandum of claim, the Claimant, being able to take an objective view of dispute and being aware of the Respondent’s interests, should attempt to have the dispute settled out of Court.

Further correspondence

Parties are encouraged to exchange further correspondence to delineate the issues in the said dispute and make genuine attempt to resolve the dispute including through convening meetings between the parties.

The bundle

Where parties remain unable to settle their dispute or have agreed to proceed to litigation after genuine attempts at a resolution, the claiming party is expected to compile and file alongside its originating processes, a Pre-Action protocol bundle containing:
(a) A statement of compliance with Pre-Action protocol (as in Pre-Action protocol Form 01),
(b) the memorandum of claim;
(c) the response to the memorandum of claim;
(d) the Claiming party’s response to the response to the memorandum of claim;
(e) any further correspondence or evidence of attempts at settlement;
(f) counsel’s statement on oath stating reasons for his/her insistence on pursuing a Court action rather than settlement out of Court.
(g) list of issues for determination

Binding of Processes

10.

The Pre-Action Protocol Bundle and the Originating Processes and their accompanying documents shall be bound separately.

Step to be taken after failure by Respondent

11.

Where the responding party fails, refuse or neglects to participate in the whole or any part of the Pre-Action protocol process, the claiming party shall file an affidavit of the Defendant’s non-compliance identifying the Defendant’s non-compliance and a proposed list of issues for determination.

Duty of Counsel

12.

Where the Claiming party files the action through counsel, counsel shall, in accordance with their duty under Rule 15 of the Rules of Professional Conduct or any subsequent equivalent revision, advise the party as to its compliance with the protocol requirements in line with the objectives stated in Rule 3 of this Order and shall depose to the summary statement on oath for reasons as to litigation including a statement that the claiming party has been so advised.

Pre-Emptive Remedies

13.

Where in the interest of justice or to prevent irreparable damage or serious mischief or in cases of extreme urgency and there is a need for interim preservatory or preemptive remedies to be ordered by the Court, the affected party shall file either the memorandum of claim with its accompanying documents and the memorandum for settlement, in the case of a Claimant or the response to the memorandum of claim with its accompanying documents, in the case of a Respondent, together with an Ex Parte Application for the pre-emptive remedy sought supported by an affidavit and a written address in the Registry.

Order to complete Protocol

14.

After the remedy sought is either granted or refused by the Court, the Judge shall order the parties to continue with full compliance of the Protocol.

Extension of Life Span of Order

15.

Where an order of injunction is granted Ex Parte and parties are unable to settle before the order abates, the Judge may extend its life span until compliance with the Protocol is complete.

Consequence of Non-Compliance

16.

When a party has not complied with the provisions of this protocol; or not acted within a time limit set out in a relevant protocol; or unreasonably refused to use a form of ADR, or failed to respond at all to an invitation to do so; or has 1ailea to comply with the order or directive of a Judge or the Chief Judge, the following sanctions may apply:
(a) Originating processes with supporting documents may not be accepted for filing at the Registry.
(b) Where a Respondent fails to file a Response as required by this Protocol, unreasonably refuses to or fails to respond at all to an invitation to ADR, the Claimant may proceed to litigation by filing the required Originating Process with 1ts supporting documents as well as the Pre-Action Protocol Bundle and obtain Judgment against the Respondent.
(c) Failure to comply with the order of the Judge will amount to contempt of Court.
(d) Where the parties fail to comply with the time stipulations in this Pre-Action protocol or any Claim-Specific Pre-Action Protocol, it shall not affect the validity of the documents so filed but a daily default fee of N500 (Five Hundred Naira Only) shall accrue as costs in favour of the counter-party, the sum of which shall be deducted or added to money reliefs awarded in the final Judgment.
PROVIDED THAT a counter-party, may in the interest of settlement, waive the applicability of these default fees.
(e) Where a party unreasonably or disproportionately fails or refuses to comply with the settlement procedure under this Pre-Action Protocol or the directive of the Court referring parties to a form of ADR or to the Oyo State Courthouse but insists on proceeding to trial, the Court shall impose costs of a minimum N100,000 (One Hundred Thousand Naira Only) which shall be deducted or added to money reliefs awarded in the final Judgment or alternatively shall apply the provisions of Order 59 Rule 2 of the High Court Civil Procedure Rules.

Compliance with Pre-Action Protocol

17.

Where the Court is satisfied that the parties have complied with the Pre-Action Protocol requirements under this Rules and that parties have delineated the issues involved, the Court may make such orders for the expeditious disposal of the case including dispensing with the need for Case Management Conference and proceeding immediately to hear the dispute.

Claim-Specific Protocols

18.

The Chief Judge shall by Practice Directions issue Claim-Specific Protocols, which will apply collaboratively with this Order and take precedence in the event of conflict, particularly, as to the form or content of Pre-Action correspondence(s), stipulated timeframes and other prescribed Pre-Action steps.

ORDER 4

Proceedings which must be begun by Writ

Subject to the provisions of these rules or any applicable law requiring any proceedings to be begun otherwise than by Writ, a Writ of Summons shall be the form of commencing all proceedings where;
(a) a Claimant claims:
(i) any relief or remedy for any civil wrong; or
(ii) damages for breach of duty, whether contractual, statutory or otherwise; or
(iii) damages for personal injuries to or wrongful death of any person, or in respect of damage or injury to any person, or property.
(b) the claim is based on or includes an allegation of fraud; or
(c) an interested person claims a declaration.

Mode of beginning civil proceedings

All civil proceedings commenced by Writ of Summons shall be accompanied by:
(a) statement of claim; proceedings
(b) list of witnesses to be called at the trial;
(c) written statements on oath of the witnesses; and
(d) list and copies of every document to be relied on at the trial.

Effect of failure to comply with Rule 2

Where a Claimant fails to comply with Rule 2 above, his Originating Process shall not be accepted for filing by the Registry.

Form of Writ: Civil Form 1

Except in the cases in which any different Forms are provided in these Rules, the Writ of Summons shall be as in Form 1, with such modifications or variations as circumstances may require.

Forms of Writ for service out of Nigeria: Civil Form 2

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

Proceedings to be commenced by Originating Summons

Any person claiming to be interested or claiming any legal or equitable right under a Deed, Will, Enactment or other Written Instrument may apply by Originating Summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the persons interested.

Where right depends on construction of enactment

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

Discretion of the Judge

A Judge shall not .be bound to determine any such question of construction if, in his opinion, it ought not to be determined on Originating Summons but may make any such order(s) as he deems fit.

Forms of Originating Summons. Form 3, 4 or 5

An Originating Summons shall be as in Form 3, 4 or 5 to these Rules, with such variations as circumstances may require. It shall be prepared by the Applicant or his Legal Practitioner and shall be sealed and filed in the Registry and when so sealed and filed, shall be deemed to be issued.

Processes to accompany originating summons

10.

An Originating Summons shall be accompanied by:
(a) an affidavit setting out the facts relied upon;
(b) all the exhibits to be relied upon;
(c) a Written Address in support of the application

Penalty for non-compliance

11.

Where an applicant fails to comply with Rules 10 (a- c) above, his Originating Summons shall not be accepted for filing at the Registry.

Copies to be filed

12.

The person filing the Originating Summons shall leave at the Registry sufficient number of copies thereof together with the documents in Rule 10 above for service on the Respondent(s).

Service outside Oyo State

13.

Subject to the provisions of the Sheriffs and Civil Processes Act, a Writ of Summons or other Originating Process issued by the Court for service in Nigeria outside Oyo State shall be endorsed by the Registrar of the Court with the following notice:

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

Filling of Originating Process to be determined by date

14.

(1) The Registrar shall indicate the date and time of presentation on every Originating Process presented to him for filing and arrange for service of the process.

(2) An Originating Process shall not be altered after it is sealed except upon application to a Judge

Screening for ADR

15.

All Originating Processes filed in the Registry or Electronically shall be screened to determine suitability for ADR by the Chief Judge and may be referred to the Oyo State Multi-Door Courthouse or any appropriate ADR Institution or Practitioner as he may deem appropriate in the circumstance

ORDER 5

Indorsement

Every Originating Process shall contain the claim, the relief or remedy sought and the full names, address telephone number(s) or email (if any) of the Claimant.

Indorsement to show Representative Capacity

Where a Claimant sues, or the Defendant or any of several Defendants, is sued in a representative capacity, the Originating Process shall state that capacity.

Probate Actions

In probate actions, the Originating Process shall state whether a Claimant claims as creditor, Executor, Administrator, beneficiary, next of kin or in any other capacity.

Indorsement where the claim is liquidated

(1) Where the claim is for debt or liquidated demand only, the Originating Process shall state the amount claimed for debt or in respect of such demand with costs and shall further state that the Defendant may pay the amount with costs to the Claimant’s Legal Practitioner within the time allowed for appearance and upon such payment, the proceedings shall terminate.
(2) The Defendant may, notwithstanding payment under this rule, have the costs taxed and if more than one sixth of the costs shall be allowed, the Claimant’s Legal Practitioner shall pay the costs of taxation.

Ordinary account

In all cases where a Claimant in the first instance desires to have an account taken, the Originating Process shall so state.

Indorsement of address by Claimant or by Legal Practitioner

(1) A Claimant suing in person shall state on the Originating Process his residential or business address, his address for service within jurisdiction and shall include his telephone number(s) and E-mail address. If he lives and carries on business outside jurisdiction, he shall state an address where he would be served within jurisdiction as his address for service.
(2) Where a Claimant sues through a Legal Practitioner, the Legal Practitioner, shall state on the Originating Process, his chambers’ address as the address for service and shall include his telephone number(s) and E-mail address. If the Legal Practitioner is based outside jurisdiction, he shall state in addition a chambers’ address within jurisdiction as his address for service and shall include his telephone number(s) and E-mail address.

Indorsement of address

Where an Originating Process is to be served on a Defendant outside jurisdiction, the process shall state the address as required in Rule 6

Originating Process without an address or with fictitious address

If the Originating Process does not state an address for service, the process may be set aside by a Judge on the application of the Defendant.

ORDER 6

Non – compliance with Rules

(1) Where in beginning or purporting to begin any action, there has by reason of anything done or left undone, been a failure to comply with the requirements of Order 4 Rule 2 or Order 4 Rule 10 of these Rules, the failure shall nullify the action.
(2) Where at any stage in the course of or in connection with any proceedings there has by reason of anything done or left undone been a failure to comply with the requirements as to time, place, manner, or form, the failure shall be treated as an irregularity and may not nullity such step taken in the proceedings. The Judge may give any direction as he thinks fit to regularize such steps.
(3) The Judge shall not wholly set aside any proceedings or the Writ or other Originating Process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an Originating Process other than the one employed.

Application to set aside for irregularity

(1) An Application to set aside for irregularity any step taken in the course of any proceedings, may be allowed where it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An Application made under this Rule to set aside for irregularity may be brought by Motion on Notice and the grounds of objection shall be stated in the Motion on Notice.

ORDER 7

Preparing Originating Process.

Originating Process shall be prepared by a Claimant or his Legal Practitioner and shall be clearly printed on Opaque A4 paper of good quality.

Sealing of Originating Process

(1) The Registrar shall seal every Originating Process whereupon it shall be deemed to be issued.
(2) A Claimant or his Legal Practitioner shall, on presenting any Originating Process for sealing, leave with the Registrar as many copies of the process as there are Defendants to be served, one copy for endorsement of service on each Defendant and a copy for the Registry Correspondence File for the use of the Court when
necessary
(3) Each copy shall be signed by the Legal Practitioner or by a Claimant where he sues in person and shall be certified after verification by the Registrar as being a true copy of the original process filed.

Steps to be taken after sealing

(1) The Registrar shall, after sealing an Originating Process, file it and note on it the date of filing and the number of copies supplied by a Claimant or his Legal Practitioner for service on the Defendants.
(2) The Registrar shall then make an entry of the filing in the Cause Book and identify the action with a suit number that may comprise abbreviation of the Judicial Division, a chronological number and the year of filing.

Copies to be served

The Registrar shall promptly arrange for personal service on each Defendant of a copy of the Originating Process and accompanying documents duly certified as provided by Rule 2 (3) of this Order.

Originating Process with Affidavit for Probate Actions

The Originating Process in Probate Actions shall be accompanied by an affidavit sworn to by a Claimant or one of several Claimants verifying the contents of the process.

Lifespan of Originating Process

The lifespan of every Originating Process shall be 6 months.

Renewal of Originating Process

(1) If a Judge is satisfied that it has proved impossible to serve an Originating Process on any Defendant, its life span and a Claimant applies before its expiration for renewal of the process, the Judge may renew the original or concurrent process for 3 months from the date of such renewal.
(2) A renewed Originating Process shall be in Form 6 with such modifications or variations as circumstances may require.

Indorsement of renewal

(1) A Judge may order two renewals in each case strictly for good cause and upon prompt application, provided that no Originating Process shall be in force for longer than a total of twelve (12) months.
(2) The Registrar shall state the fact, date, and duration of renewal on every renewed Originating Process.

Loss of Originating Process and any other Process

Where an Originating Process or any other Process is lost after issue, a Judge, upon being satisfied of the loss, may call for the Registry Correspondence File and may order that the copy of the relevant Process in the Registry Correspondence File be filed and sealed in place of the lost process.

Concurrent Originating Process

10.

A Claimant may at the issuance of an Originating Process or at any time during its lifespan, cause to be issued one or more concurrent Originating Process(es) each to bear the same date as the initial Process marked CONCURRENT’ and have stated on it the date of issue.

Concurrent Originating Process for service within and out of jurisdiction

11.

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

ORDER 8

Scope of Rules

These Rules shall govern electronic filing (“E-filing”) of all processes or documents connected with or relating to any matter before the Court.

Documents that may be E-filed

A party or his counsel may E-file any process or document that may be filed with the Court in paper form.

E-filing to EFR through Court portal

A party or party’s counsel desiring to E-file a process shall first register as an E-filer with the EFR in order to E-file with the Court.

Parallel operation with the present service

The E-filing system shall run parallel with the existing filing procedure in the Rules of the Court.

Parties to determine method of filing

Parties shall determine the appropriate method of filing to adopt at any stage of the proceedings.

Format of E-filed document

(1) Any process or document to be E-filed must be formatted as follows:
(a) Typed or printed on 8.27 x 11.29 A4 white opaque paper,
(b) Formatted in text-searchable portable document format (PDF) with the content appropriately rotated.

Non-conformity with prescribed format
(2) Any process or document that is not compatible with the prescribed format stated in sub-rules (a) and (b) of this Rule will be automatically rejected by the portal. The E-filer must confirm that each document is compatible with this format before it is E-filed.

Attachment of exhibits and appendices

(3) Exhibits and appendices may be saved directly where such documents are in soft copy or scanned where they are printed on hard paper copy material and saved into one specifically named computer file with the authentication number of the E-filer and suit number and other relevant details of the matter.

E- filing through Court portal to EFR

(1) A party or counsel E-filing a process shall do so to the EFR through the portal of the Court, provided:
(a) that no alternative electronic filing or transmission system may be offered by Courts or Registrars;
(b) that parties or their counsel shall not file documents through any alternative document filing transmission system including tele-copier or fax.

EFR to issue Authentication Registration Number (ARN)
(2) (a) The EFR shall issue the registered E-filer with an Authentication Registration Number.
Use of ARN
(b) The ARN shall be used by the E-filer in subsequent E-filing of any process or E-communication or correspondence with the Court on the matter before Court.
Provision of e-mail Address
(c) An E-filer must also provide designated E-mail address(es) to the EFR.

Rejection of process or document without ARN
(3) No process or document E-filed without the ARN will be accepted by the portal of the Court or transmitted to the EFR or to the Registry of the Court for further processing.

Sending of documents or processes with ARN
(4) Any process or document E-filed with the ARN may be sent to the portal of the Court and the EFR will forward the document to the Registry of the Court.

Automatic receipt of E-filed process or document
(5) Where a process is properly E-filed and accepted by the portal, the portal of the Court will:
(a) generate an E-mail acknowledging receipt of the E-filing;
(b) send the automatically generated E-mail to the designated E-mail address of the E-filer.

Confirmation of Registrar’s acceptance of E-filed process
(6) Thereafter the E-filer will also receive a confirmation of the Registrar’s acceptance of the filing, and a file-stamped copy of the document.

E-filing of multiple documents

An E-filer may E-file more than one process or document in the same matter by a single transmission to the portal of the Court to the EFR. Each E-filed document will be individually treated and may be accepted or rejected by the Registrar.

Electronic signature

(1) Parties and Counsel’s electronic signature constitutes the signature on the document in compliance with the signature requirements in these Rules, and authorizes signature payment of all filing and service fees associated with the E- filing.

Notarized documents
(2) If a document must be notarized, sworn to, or made under oath, the E-filer may electronically notarize the document or must scan the page with the notarized signature(s) or oaths and must include the page with the scanned notarized signature(s) or oaths with the document.

Signatures of opposing party(ies)
3) If a document requires the signature of an opposing party(ies), the E-filer must scan the page with the signature(s) of the opposing party(ies) and must include the page with the scanned signature(s) with the document.

Retention of hard copies of documents carrying Signatures
(4) When an E-filer E-files a scanned image of a notarized signature or oath, pursuant to sub-rule (3) of this rule, the E-filer must retain the hard copy of the documents from which the scanned image was made until the case in which the document was filed is resolved. If the hard copy of the documents is in another party’s possession, that party must retain the hard copy of the document until the case in which the document was filed is concluded.

Designated E-mail address(es)

10.

An E-tiler must include designated E-mail address(es) for E-service on all E-filings. An E-filer must notify the Registrar and the EFR of any change of the E-mail address within one business day of the change. The Registrar of the Court may send notices or other communications about a case to the designated E-mail address of the party to be served or the party’s duly authorized agent or counsel on record in lieu of physical
service of the paper documents.

Hyperlinking of document or process

11.

An E-filed document may contain hyperlinks to another part of the same document or process on the same matter or party in the same matter, an attachment or exhibit contained within the same computer file.

Process or document must be malware or virus free

12.

An E-filed process or document must not contain a virus or malware. E-filed processes or documents suspected to contain a virus or malware will be automatically rejected by the E-filing portal of the Court. The E-filing of a document constitutes a certification by the E-filer that the document has been checked for viruses and malware.

Good and Proper E-filing

13.

Where a process or document has been sent and acknowledged by the EFR, the E-filing is deemed good and proper, and to have been delivered to the Registrar.

Timeliness of E-filing of process or document

14.

An E-filed process or document may be deemed to have been timeously filed if it is E-filed at any time on or before 6pm (excluding Sundays and Public holidays) on the date on which the document is automatically stamped, received and expected to comply with an order or the relevant Rules of the Court.

Provided that a transmission report by the E-filer to the EFR shall be prima facie evidence of the date and time of transmission.

Untimely E-filing due to technical failure or system outage

15.

(1) Where an E-filed process or document is considered untimely arising from a technical failure or a system outage on the part of the E-filing portal of the Court, any process or document E-filed during the period of outage or failure may be deemed filed and the E-filer may seek appropriate relief from the Court

Party or Counsel to seek relief for non-compliance arising from technical or system failure
(2) Where the system outage or technical failure prevents the E-filer from complying with an order, ruling, directive or any Rule of the Court, the E-filer may by oral application during the Court proceedings seek for appropriate relief from the Court.

Matter not to be disposed of for failure of E filing arising from technical or system failure
(3) Any technical failure or system outage that impedes a party from complying with E-filing procedures or an order, ruling or relevant Rules of the Court cannot be a basis for disposing of any case.

Time limit for acceptance or rejection of E-filing

16.

(1) Except as otherwise provided on the E-filing platform, the Registrar of the Court must not later than the first business day after receiving a document transmitted to him by the EFR, indicate to the E-filer whether the E-filer’s process or document will be accepted for filing.

Acceptance of document where process is in conformity with rules, etc. of the Court
(2) Where the process or document complies with the order or relevant Rule(s) of the Court or it is not misdirected, the Registrar must accept the document for filing.

Failure to accept or reject document within time allowed
(3) If the Registrar fails to accept or reject a document within the time allowed, the document is deemed to have been properly filed and accepted.

Date and Time of transmission of document

17.

(1) Where a process or document is accepted for filing, the Registrar will note the date and time of filing which, with the exception of sub-rule 2 of this Rule, must be the date and time that the E-filer transmitted the document to the EFR.

Transmission of confirmation of filing of process or document
(2) Where the date and time a process is filed has been appropriately noted in accordance with the provisions of sub-rule () of this rule, the Registrar will send to the EFR an electronic confirmation which will include an electronically “file-marked” copy of the front page of the document showing the date and time, the Registrar considers the process or document to have been filed.

Transmission of electronic confirmation of acceptance or rejection
(3) The EFR may, on that same day, electronically transmit to the E-filer the “electronic confirmation” that the document has been accepted or rejected for filing by the Registrar.

Communication of rejection of E-filing to Registrar
(4) Where a process or document is not accepted for filing, the Registrar may by electronic transmission inform the EFR of his action, with the reason for such rejection, on the same day the decision on rejection of E-filing is taken.

Communication of rejection of E-filing to E-filer by Registrar
(5) The Registrar must, on that same day of rejecting the E-filed process or document, electronically transmit to the E-filer by a short service message (SMS) to the phone of the E-filer an “alert” informing him that the process or document was not accepted with the reason(s) for the rejection.

Payment of filing fees
(6) Where a process or document has been duly filed and accepted, the Registrar shall transmit to the E-filer the filing fees for payment in accordance with the E-payment instruction on the E-filing portal.

Transmission of E-filed document to the Chief Judge for Assignment

18.

(1) When a process or document has been accepted by the Registrar as duly E-filed, the Registrar shall transmit same to the box of the Chief Judge for Assignment of the matter in accordance with these Rules.

E-filed process or document not to be transmitted to a Judge until Assigned by the Chief Judge
(2) Except as otherwise directed by the Chief Judge, any process or document filed electronically may not be transmitted to any Judge until it has been properly Assigned by the Chief Judge.

Transmission of E-filed document to the Chief Judge for Assignment

19.

Where the Chief Judge has delegated the Assignment for Assignment of matters in accordance with the Rules to a Judge, any matter E-filed in accordance with the provisions of these Rules, shall be transmitted to the Judge so delegated for Assignment, except as otherwise directed by the Chief Judge.

Notification of date and time of Proceedings in Assigned matter to E-filer

20.

Where a matter has been duly E-filed, and Assigned by the Chief Judge, the Registrar shall transmit to the E-filer the date and time of commencement of proceedings on the matter.

E-Filing in compliance with Order of the Court Official Record

21.

Where a matter is already before the Court and by an order of the Judge presiding over the matter, any document or application is supposed to be produced by any of the parties in the matter, any document E-filed in compliance with the order of the Judge on such matter shall be electronically transmitted to the Judge of the Court who gave the order.

Official Record

22.

The Registrar may scan any paper document and designate the scanned version as the official Court record.

Access of the Chief Judge or Judge of the Court to E-filed process or documents

23.

The Registrar must provide to the Chief Judge or a Judge of the Court electronic access the Court to E-filed to E-filed documents within twenty-four (24) hours of the Registrar’s acceptance of the documents, and the Chief Judge or a Judge of the Court or a designated staff of the Chief Judge or the Judge’s Chambers may access such documents electronically or print such documents as necessary.

ORDER 9

Powers of the Chief Judge.

The Chief Judge may issue a directive to establish a Communication and Service Centre in order to achieve the objectives of these Rules, which may include designated electronic filing sites for online filing of process(es) and documents.

E-filing Centre

There shall be an E-filing Centre for electronic filing and payment of filing fees for processes and documents relating to or connected with a matter before the Court.

Electronic Filing Registrar (EFR)

There shall be officers of the Court designated as Electronic Filing Registrars (EFRs) at the E-Filing Centre. They shall be responsible to the Deputy Chief Registrar (Litigation).

Responsibilities of EFR

The EFR shall be responsible for the management of processes and documents transmitted to the electronic filing portal of the Court.

ORDER 10

Persons to Effect Service

(1) Service of Originating Process shall be made by a Sheriff, Deputy Sheriff, Bailiff, Registered Process Server or other officer of the Court.
(2) Where a party is represented by a Legal Practitioner, service of Court process of which personal service is not required, may be made on such Legal Practitioner or on a person under his control.

Service of Originating Process: How Effected

The Process Server shall effect service of an Originating Process on a party by delivering a copy of the process duly certified as prescribed by Order 7 Rule 4 personally to the party to be served.

When originating Process need not be saved personally

No personal service of an Originating Process shall be required where the Defendant has authorized his Legal Practitioner in Writing to accept service and such Legal Practitioner enters appearance: Provided that such Written authority shall be attached to the Memorandum of Appearance filed by such Legal Practitioner.

Mode of service when not personal

All processes in respect of which personal service is not expressly required by these Rules or any applicable Law shall be sufficiently served if left with an adult person resident or employed at the address for service of a party.

Substituted service

(1) Where personal service of an Originating Process is required by these Rules or in any every other case and a Judge is satisfied that prompt personal service cannot be effected, the Judge may upon application by the Claimant make such order for substituted service as may seem just including service by electronic means, post or pasting at the Defendant’s last known address or such other terms as the Court deems just.
(2) Every application to the Judge for substituted or other service, or for the substitution of notice for service shall be supported by an affidavit setting forth the grounds upon which the application is made.

Service on Persons under legal disability

Where a person under legal disability is a Defendant, service on his Guardian shall be deemed good and sufficient personal service, unless a Judge otherwise orders.

Service on Inmate or Detainee

Where an inmate or detainee is a Defendant, service on the Head or other Officer in charge of the station, detention facility or Correctional Centre where the Defendant is detained, or on an Officer of the Agency incharge of the Station, detention facility or Correctional Centre shall be deemed good and sufficient personal service on the Defendant.

Service on a Firm or Partners

(1) Where persons are sued as partners in the name of their firm, the Originating Process shall be served upon any one or more of the partners or any person having control or management of the partnership business at the principal place of business within the jurisdiction.
(2) Service effected in accordance with Sub Rule (1) shall be deemed good service upon the firm whether any of the members are out of the jurisdiction or not, and no leave to issue an Originating Process against them shall be necessary.
Provided that in the case of partnership that has been dissolved to the knowledge of the Claimant before the commencement of the action, the Originating Process shall be served upon every person within the jurisdiction sought to be made liable.

Service on Corporation or Company

Subject to any statutory provision regulating service on a registered company, Corporation or body corporate, every Originating Process or other process requiring personal service may be served on the organization by delivering to a director, secretary, trustee or other senior principal or responsible officer of the organization, or by leaving it at the registered. principal or advertised office or place of business of the organization within the jurisdiction.

Service on Foreign Corporation or Company

10.

(1) When the suit is against a foreign Corporation or company within the meaning of Section 78 of the Companies and Allied Matters Act having an office and carrying on business within the jurisdiction, and such suit is limited to a cause of action which arose within the jurisdiction, the Originating Process or other documents requiring personal service may be served on the principal officer or representative of such foreign Corporation or company within the jurisdiction.
(2) Where a foreign company has complied with the provision of the Companies and Allied Matters Act, personal service shall be effected on one of the persons authorized to accept service on behalf of the said company.

Service on Trade Unions or Employers’ Organizations

11.

If the person is a trade union or employers’ organization, by serving a copy of the document on a responsible person, or officer or employee of the union or employers’ organization who at the time of such service is apparently in charge of the main office of the trade union or association or employers’ organization or the union’s or employers’ organization’s office within the Judicial Division in which the dispute first arose, at that office of the union or employers’ organization or, if there is no person willing to accept service, by affixing a copy of the document or process to the main door of that office.

Service on Local Government Authority

12.

If the person or party is a Local Government Authority, by serving a copy of the document or process on the Local Government Chairman, Secretary or Supervising Councilor or Director of personnel of the Local Government Council or the Treasurer or any other responsible person, officer, or employee of the Local Government acting on behalf of that person

Service on Statutory Body or an Institution

13.

If the person or party is a statutory body or an institution, by serving a copy on the Director General, General Manager, Director or Head of the Institution, full time member of the institution or Commission, Secretary or similar Officer or member of the Board or Committee of that Body, or any responsible person, Officer, or employee of the statutory institution acting on behalf of that Body.

Service on Ministry. Department, Agency, Parastatal or any other Institution of the Federal or State Government or the Federal Capital Territory, Abuja

14.

If the person or party is a Ministry, Department, Agency, Parastatal or any other institution of the Federal or State Government or the Federal Capital Territory, Abuja, by Serving a copy of the document or process on a responsible person, Officer or employee such as Attorney General or Permanent Secretary or Director, or their equivalent in any Ministry, Department, Agency or Branch of the Federal or State Government or the Federal Capital Territory, Abuja;
(i) by leaving copies of the process at the head office or any branch office of the Claimant or Defendant or the Counsel of the Claimant/Applicant or Defendant in any part of Nigeria; or
(ii) by any other means permitted by the Rules of this Court or as may be directed by the Court.

Service on Local Agent of Principal who is out of jurisdiction

15.

(1) An Originating Process in an action relating to or arising out of a contract entered into within the jurisdiction, through an agent residing or carrying on business within the jurisdiction on behalf of a principal residing or carrying on business outside jurisdiction may before the determination of such agent’s authority or of his business relations with the principal, be served on such agent.
(2) A copy of the Originating Process shall also be sent promptly by the Claimant by courier to the Defendant at his address out of jurisdiction.

Informing uncooperative recipient of nature of document as sufficient service.

16.

Where the Officer of the Court or a person charged with the service of any process or document on any person (in this Rule referred to as recipient) is prevented by the violence or threats of the recipient or made to be impossible by the person on whom any process or document is to be served in concert with the recipient or under the recipient’s control, it shall be sufficient to inform the person to be served of the nature of the process or document as physically near that person as practicable.

Service on uncooperative person by throwing process within reach

17.

Where a person to be served, whether alone or in concert with others, resists service or insults or assaults or attempts to threaten or threatens violence to the Process Server or otherwise prevents the Process Server from serving the process, the Process Server may throw or leave the process within the reach of the person to be served.

Proof of service generally

18.

(1) After serving any process, the Process Server shall promptly depose to and file an affidavit setting out the fact, date, time, place and mode of service, describing the process served and shall exhibit the acknowledgment of service, if any.
(2) After service, the affidavit shall be prima facie proof of service.

Expenses of service

19.

(1) The party requiring service of any process shall pay all costs and expenses of and incidental to service in advance.
(2) The cost for service shall be as as contained in these Rules and as may be directed by the Chief Judge in Practice Directions from time to time.

Time of service on certain days

20.

(1) Service of Originating and other processes, Pleadings, Notices, Summons, Orders and any document whatsoever shall be effected between the hours of 6 (six) in the morning and 6 (six) in the evening
(2) Save in exceptional circumstances and as may be authorized by a Judge, service shall not be effected on a Sunday or on a Public holiday.

Recording of service

21.

(1) A Register shall be kept at the Registry in such form as the Chief Judge may direct for recording service of Court processes by any Process Server.
(2) The Registrar shall record in the Register the names of the Claimant and Defendant, the method of service, whether personal or otherwise, and the manner used to ascertain that the right person was served.
(3) Where any process was not served, the cause of failure shall be recorded in the Register and every entry in such Register or certified copy thereof shall be prima facie evidence of the matters stated in that Register.

Service of Hearing Notice

22.

Any hearing notice or notice of adjourned date issued by the Court for service on any party may be served:
(a) by telephone calls, SMS or WhatsApp messages to the telephone or mobile number(s) provided by the parties or their Counsel; or
(b) by any other means permitted by the Rules of the Court or as may be directed by the Court.

Designation as Process Server

23.

(1) The Chief Judge may designate an Officer of the Court as a Process Server. Designation as Process Server
(2) A Process Server shall effect the service of any process or document filed in the Court on any of the parties before the Court or their witnesses.
(3) A Process Server shall effect the service of any process, document, Ruling, Judgment, Order, Subpoena or Invitation relating to any matter before the Court.

Service under Rules of Court and proof of delivery

24.

When service is effected under any of the rules of this Order and there is proof of service, it shall be deemed good and sufficient service for all purposes.

When service of process is deemed good

25.

Any process served by an officer of the Court or an Official or Registered Process Server shall be deemed to be good service unless the contrary is proved to the satisfaction of the Court.

Proof of service by Counsel

26.

Where a Counsel or the servant, agent, staff or partner of the Counsel (in this Order referred to as the representative of Counsel) undertakes to effect service of process on the other party, or Counsel to the other party, Counsel or the representative of the Counsel shall file a proof of service of the process within three (3) days of effecting the service indicating the name, position of the person that acknowledged receipt, the date, time, place and mode of service of the process to the other party.

Service on Counsel’s Chamber

27.

Where any process is to be served on Counsel in a matter, the service of such process on the Chambers or any other Counsel, secretary, clerk or officer in the Counsel’s Chambers shall be deemed good and proper service.

Service on Counsel in Court

28.

Notwithstanding the provisions of Rule 28 of this rule, where a Counsel in a matter agrees to accept service of process during proceedings in the Court, such service shall be deemed good and proper service provided the Court takes notice of such service.

ORDER 11

Cases where service of Originating Process, etc. are allowed out of Nigeria

A Judge may allow any Originating or other process to be served outside Nigeria where:
(a) the whole subject matter of the claim is land situate within jurisdiction, or
(b) any act, deed, Will, contract, obligation, or liability affected land or hereditaments situate within jurisdiction, is sought to be construed, rectified, set aside or enforced; or
(c) any relief is sought against any person domiciled or ordinarily resident within jurisdiction; or
(d) the claim is for the administration of the personal estate of any deceased person who at the time of his death was domiciled within jurisdiction or for the execution (as to property ituate within jurisdiction) of the trusts of any Written Instrument, which ought to be executed according to the law in force in Oyo State, or
(e) the claim is brought against the Defendant to enforce, rescind, dissolve, annul or otherwise affect a contract or to recover damages or other relief for or in respect of a contract:
(i) made within jurisdiction;
(ii) made by or through an agent residing or carrying on business within jurisdiction on behalf of a principal residing or carrying on business out of jurisdiction; and
(iii) which by its terms or by implication is to be governed by the applicable law in Oyo State, or the parties have agreed that the Court shall have jurisdiction to entertain any claim in respect of such contract,
(f) a claim is brought against the Defendant in respect of a breach committed within jurisdiction, notwithstanding that such breach was preceded or accompanied by a breach out of jurisdiction which rendered impossible the performance of the contract which ought to have been performed within jurisdiction impossible; or
(g) the claim is founded on a tort committed within jurisdiction; or
(h) an injunction is sought in respect of anything to be done, or any nuisance within diction is sought to be prevented or removed within jurisdiction, whether or no damages are claimed, or any person out of the jurisdiction is a necessary or proper party to any action properly brought against some other person duly served within jurisdiction; or
(i) the claim is by a mortgagee or mortgagor in relation to mortgage of property situate within jurisdiction and seeking any of the following reliefs:
(i) sale, foreclosure, delivery of possession by the mortgagor,
(ii) redemption, re-conveyance, delivery of possession by the mortgagee; but does not seek (except as permitted under paragraph (e) of this Rule), any judgment or Order for payment of any monies due under the mortgage; or
(j) the proceedings relate to a person under legal disability; or
(k) the proceedings relate to probate matters; or
(l) any proceedings under any law or rule of Court has been instituted by an Originating Process.

Agreement as to service

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

Service abroad by Letter of Request

(1) Where leave is granted to serve an Originating Process in any foreign country with which no convention in that behalf has been made, the following procedure may be adopted:
(a) a party wishing to serve a process under this Rule shall file a Praecipe in Form 7 with such modification or variations as circumstances may require;
(b) the process to be served shall be sealed with the seal of the Court for service out of Nigeria, and shall be transmitted to the Solicitor General of the Federation by the Chief Registrar, together with a copy translated into the language of that country if not English, and with a request for its further transmission to the appropriate authority in that country. The request shall be in Form 7 with such modifications or variations as circumstances may require;
(c) a party wishing to serve a process under this Rule shall file a Praecipe in Form 8 with such modifications or variations as circumstances may require;
(d) a certificate, declaration, affidavit or other notification of due service transmitted through diplomatic channels by a Court or other appropriate authority of the foreign country, the Court, shall be deemed good and sufficient proof of service;
(e) where a certificate, declaration, Affidavit or other notification transmitted under paragraph (d) of this Rule states that efforts to serve a process have failed, a Judge may, on an Ex parte application, order substituted service, which shall be effected by transmitting the sealed order, process and its copy to the Solicitor General of the Federation together with a request in Form 9 with such modifications or variations as circumstances may require.
(2) Notwithstanding the provisions of Sub Rule (1), a Claimant may with leave of a Judge serve any Originating Process by courier.
(3) Despite the provisions of this Rule where lands, funds, choses in action, rights or property within the jurisdiction are sought to dealt with, the Court may, without assuming jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings with a view to such person having an opportunity of claiming, opposing or otherwise intervening.

Where leave is granted or not required

(1) Where leave is granted or is not required in a civil suit and it is desired to serve any process in a foreign country with which a Convention in that behalf has been made, the following procedure shall, subject to any special provisions contained in the Convention, be adopted:
(a) the party desiring such service shall file in the Registry a request in Form 10 with such modifications or variations as circumstances may require and the request shall state the medium through which it is desired that service shall be effected:
(i) directly through diplomatic channels; or
(ii) through the foreign judicial authority.
(b) the request shall be certified by or on behalf of the person making the request and accompanied by:
(i) the original document and a translation thereof in the language of the country in which service is to be effected;
(ii) A copy of the document with the translation for every person to be served and further copies as the Convention may require,
(c) Subject to specific provision of the Convention, where service is required to be made on a Nigerian subject directly through diplomatic channels, translation and copies of the document need not accompany the request,
(d) the documents to be served shall be sealed with the seal of the Court for use out of the jurisdiction and shall be forwarded by the Chief Registrar to the Permanent Secretary, Federal Ministry of Foreign Affairs for onward transmission to the foreign country,
(e) an official certificate, transmitted through the diplomatic channel by the foreign judicial authority, or by a Nigerian diplomatic agent to the Court, establishing the fact and the date of the service of the document, shall be deemed to be sufficient proof of Service;

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

Service of Foreign Processes

Where in any civil or commercial matter pending before a Court or Tribunal of a foreign country, a letter of Request from such Court or Tribunal for service on any person or citation in such matter is transmitted to the Court by the Oyo State Attorney-General indicating or suggesting that effect be given to the same, the following procedure shall be adopted:
(a) The Letter of Request for service shall be accompanied by a translation in the English Language, and by two copies of the process or citation to be served, and two copies thereof in English Language;
(b) service of the process or citation shall be effected by a Process Server unless a Judge otherwise directs;
(c) such service shall be effected by delivering to and leaving with the person to be served one copy of the process or citation to be served, and one copy of the translation thereof in accordance with the rules and practice of the Court regulating service,
(d) after service has been effected by the Process Server, he shall file an Affidavit of Service in which he shall furnish particulars of charges for the cost of effecting the service. The affidavit shall be transmitted to the Chief Registrar with one copy of the process;
(e) the Chief Registrar shall examine the Process Server’s particulars of charges and certify the amount payable in respect of the service;
(f) the Chief Judge shall forward to the Attorney-General, the Request for service, the approved amount for service, evidence of service and a certificate appended to it.

Inapplicability of Rule 4

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

Service on behalf of foreign tribunals

Where request for service of any process or document on a person within jurisdiction is received by the Chief Judge in respect of a civil suit pending before a Court or Tribunal from the appropriate authority in a foreign country with which a Convention in that regard has been made, the following procedure shall subject to any provisions in the Convention, be adopted;
(a) the Process Server shall deliver the original or a copy, along with a copy of its translation to the party to be served;
(b) the Process Server shall submit the particulars of the costs and expenses of service to the Chief Registrar who shall certify the amount payable in respect of the service;
(c) the Chief Registrar shall transmit a certificate establishing the fact and date of service or indicating reasons for failure to serve, to the appropriate foreign authority and also notify the authority as to the amount certified under paragraph (b) of this Rule.

Substituted service of Foreign Process

Upon application, a Judge may order substituted or other service of the Foreign process.

ORDER 12

Service by means of electronic devices

Any process filed in the Court other than Originating Processes may also be served or effected on the parties through any of the following devices:
(a) Fax machine, where available;
(b) As attachment to an electronic message via the E-mail address provided by the party or the party’s counsel as the case may be;
(c) Short Message Service (SMS) to telephone number(s) provided by the party or the party’s counsel as the case may be;
Provided that the use of Short Message Service (SMS) shall be limited to communicating dates of hearing or any change in respect thereof and not to be extended to service of other Court processes, proof of which must be filed in the Court’s record.
(d) Any other electronic communication and messaging platform approved by the Court.

Electronic proof of service of process

Once a process is served by any of the above devices, its electronically downloaded and printed copy as a proof of service may be allowed to be tendered by a party who either transmitted the process or document or by the party or counsel that received process same.

Electronically transmitted or received process acceptable as original documents

An electronically transmitted process or document may be tendered as the original of the same process or document and the content therein may be received in evidence in proving the facts therein contained.

Electronic transmission of process deemed good and proper service.

Proof of service of any Court process other than an Originating Process, served on any of the parties using the devices mentioned in Rule I of this Order shall be deemed good and proper service on any of the parties or counsel in the matter.

Electronic transmission of hearing notice deemed good and proper service.

Where a Hearing Notice or any other Court process has been sent and delivered by means of any electronic device stated in Rule 1 of this Order to the contact address(es) or information provided by a party or counsel, it shall be deemed sufficient, good, and proper service on the party or counsel that provided the E-mail address(es) or electronic mailing device.

ORDER 13

Electronic Service of E-filed document(s)

Every process or document that is E-filed may also be electronically served at the same time by the Registrar through the Electronic Filing Officer to the designated E-mail address(es) of the party or parties mentioned in the matter to be served, or to the E-mail address of the Counsel to the parties in the matter.

When E-filed document is good for service

(1) Where a document or process has been duly E-filed, it is deemed appropriate for document is electronic service good for service.

Certificate of E-Service of document

(2) Where a party or Counsel electronically serves a document through the Electronic Filing Officer, the party or Counsel shall make a written certification of such service which will accompany the document setting out the date and time of service and the designated Email address of the party served.

Proof of E-Service
(3) Where the Electronic Filing Officer has electronically served a document or process, the Electronic Filing Officer shall send proof of service to the E-filer.

Computation of time of E-Service
(4) When E-Service is carried out after 5:00 p.m. (recipient’s time) the date of service is deemed to be the next day that is not a Sunday or Public holiday.
Provided that nothing in this Rule shall preclude any party from offering proof that the notice or instrument was not received, and upon so finding, the Court may extend the time for taking the action required of such party or grant such other relief as it deems just.

Inclusion of designated Email addresses(es)

(1) An E-filer must include the designated Email address(es) of the E-filer on any electronically filed document.

Service of a party with no designated Email address

(2) If an E-filer must serve a copy of a document on a party or Counsel to the party who does not have a designated email address, such service must be in accordance with relevant Rules of the Court.

ORDER 14

Appointment of Registered Process Server

(1) The Chief Judge may also appoint and register any Courier Company or any other person approved by the Chief Judge to serve Court process(es) and such person or company approved by the chief Judge to serve Court process(es) shall be called Registered Process Server.
(2) A Registered Process Server shall perform all the duties of the Officer of the Court designated as an Official Process Server subject to the provisions of any Act or Law regulating service of Court processes.

Qualification of Registered Process Server

A person to be appointed as Registered Process Server shall:
(a) either have served in a Court Registry or be familiar with the operations of a Court registry in the handling of Court processes for a period of not less than three (3) years;
(b) no longer be in the public service; and
(c) possesses sufficient education to aid understanding of the importance of service of Court processes and the implications and consequences of the failure or improper handling will have on such processes or service on a party in accordance with the Rules of the Court.
Provided that;
(i) where the Registered Process Server is a business name or corporate body it shall exhibit to the satisfaction of the Chief Judge that it has in its employment staff that have reasonable and sufficient education and experience to understand the implications and consequences of service or non-service of Court processes or documents on a party in a matter before the Court.
(ii) the company or corporate body has had cognate and proven experience in courier services for a period of not less than five (5) years.

Registered Process Server to effect service of process or document

A Registered Process Server may be directed by the Court or any authorized officer of the Court to effect service of any process or document on any person, Company, Ministry, Department, Agency, Body Corporate, Institution, Commission, Trade Union, Employees’ or Employers’ Organization or any other party, named to be served on the face of the process or document.

Registered Process Server to effect service according to the Rules of Court

A Registered Process Server shall effect service of any Court process(es) or document(s) on any of the parties, witnesses, or any interested party in accordance with the Rules of the Court.

Registered Process Server’s Book of Record of Processes and documents

A Registered Process Server shall keep a book in which the particulars and records of process(es) or document(s) handed to the Registered Process Server for service shall be entered.

Registrar of Court to keep Records of Processes given to the Registered Process Server

The Registrar in charge of litigation or any other officer authorized to keep records or service of processes) or document(s) shall keep and enter the records of every process or document handed over to the Kegistered Process Server to be served on every person, party, or any of the parties in the action required or named to be served, and any Ministry, Department Agency, Body Corporate or Business Name, Institution, Commission, Trade Union, Employees Association or Employers’ Organization, as provided in rule 5 of this Order.

Powers of the Registered Process Server

A Registered Process Server shall have all the powers of an Officer of the Court designated as Official Process Server authorized by the Rules of this Court or any Act or Law to effect service of any Court process or document.

Registered Process Server to serve as Officer of Court

(1) A Registered Process Server shall effect the service of any process or document handed over to the Registered Process Server for service in the same manner in which an Officer of the Court may effect service under the Rules of the Court.
(2) A Registered Process Server shall enjoy similar protection as is available to an officer of the Court authorized to serve or effect service of process(es) or document(s) on any party or person on the face of the process(es) or document(s).

Affidavit of Service by a Registered Process Server

Upon service of a process by a Registered Process Server, the Registered Process Server shall depose to an Affidavit of Service at the Registry of the Court stating the name(s) of the parties served, the contact informmation (addresses) at which the process(es) were served, the time of service, mode of service, as well as Acknowledgment of Service, where applicable, signed by the parties served or any other person that received the process on behalf of a party in accordance with the provisions of rule 6 of this Order.

Proof of service by a Registered Process Server

10.

An affidavit deposed to by a Registered Process Server as prescribed in rule 9 of this Order shall be prima facie proof of service and shall be sufficient for that purpose until the contrary is proved to the satisfaction of the Court by the party on whom the process is said to have been served.

Other means of Proof of Service

11.

Where service of documents has been effected by:
(a) registered post,
(b) the registrar,
(c) hand-delivery or courier delivery,
the advice slip or some other acceptable proof of delivery provided by the postal agency; the Registrar’s out-going mail register or extract therefrom certified by the Registrar and a certificate of service or affidavit by the person effecting service, or delivery slip, or a copy of the document served duly signed by the recipient shall, respectively constitute sufficient proof of service.

Affidavit of service to be kept in case file

12.

The affidavit of service deposed to by the Registered Process Server shall be kept in the case file while a copy of same shall be kept with the Registered Process Server as evidence of service of a process or document.

Payment of Registered Process Server on terms of agreement

13.

A Registered Process Server shall be paid such fees for the services rendered in accordance with the terms of agreement entered into by the party or Counsel desiring service and the Registered Process Server.

ORDER 15

Mode of entry of appearance Form 11

(1) A Defendant served with an Originating Process shall, within the period prescribed in the process for appearance, file in the registry the original and copy of a duly completed and signed Memorandum of Appearance as in Form 11 with such modifications or variations as circumstances may require.
(2) On receipt of the Memorandum of Appearance, the Registrar shall make entry and stamp the copy with the seal showing the date he received it and return the sealed copy to the person making the appearance.
(3) On receipt of the requisite documents, the Registrar shall in all cases enter the appearance in the Cause Book and stamp the copies of the Memorandum of Appearance with the official stamp showing the date on which he received those documents, and deliver one sealed copy to the Claimant or, as the case may be, his legal practitioner.
(4) The Defendant entering appearance shall not later than seven (7) days thereafter serve a sealed copy of the Memorandum of Appearance on a Claimant’s Legal Practitioner or the Claimant if he sues in person.

Defendant appearing in person or represented by Legal Practitioner

(1) A Defendant appearing in person shall state in the Memorandum of Appearance an address for service which shall be within Oyo State and his telephone number(s) and email, if any
(2) Where a Defendant appears by a Legal Practitioner, the Legal Practitioner shall state in the Memorandum of Appearance, his full names, full Chambers address for service which shall be within Oyo State, telephone number(s) and E-mail address.
(3) Where any such Legal Practitioner is an agent of another Legal Practitioner, he shall state his full names, full address of Chambers for service which shall be within Oyo State, telephone number(s) and E-mail address, and the full names, full address of Chambers, telephone number(s), E-mail address of the principal Legal Practitioner.

Fictitious address

Where any Memorandum of Appearance does not contain an address for service or where the address for service is illusory, fictitious or misleading, the appearance may be set aside by a Judge upon the application of a Claimant on notice to the Defendant.

Defendants appearing through same Legal Practitioner

If two or more Defendants in the same action appear through the same Legal Practitioner, the Memorandum of Appearance shall include the names of all Defendants so appearing.

Late appearance

If a Defendant files an appearance after the time prescribed in the Originating Process, he shall pay to the Court a fee of N1000.00 (One Thousand Naira) only for each day of default.

Costs

Every application for enlargement of time shall be accompanied by proof of compliance with the Rules which is the receipt of payment for days of default. Where a party defaults in filing a Court process other than Memorandum of Appearance within the time prescribed under the provision of these rules, such party shall pay the sum of N500.00 (Five Hundred Naira) for each day of default.

Intervener in probate matters

In probate matters any person not named in the Originating Process may intervene and appear in the matter, on filing an affidavit showing his interest in the estate of the deceased.

Recovery of land

Any person not named as a Defendant in an Originating Process for recovery of land may with leave of a Judge appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or through his tenant.

Landlord appearing

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

Person under legal disability appearing

10.

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

Definition of the word “Tenant”

11.

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

ORDER 16

Default of appearance generally

Where any Defendant fails to appear upon proof of service of the Originating Process, a Claimant may proceed under the appropriate provisions of these rules.

Default of appearance by person under legal disability

(1) Where no appearance has been entered for a person under legal disability after service of Originating Process, a Claimant may apply to a Judge for an order that a guardian be appointed for such Defendant.
(2) Notice of the application shall be served on the person intended to be appointed as a guardian, who when appointed, may appear and defend.

Liquidated demand

(1) Where the claim in the Originating Process is a liquidated demand and the Defendant or all of several Defendants fail to appear, a Claimant may apply to a Judge for Judgment for the claim on the Originating Process or such lesser sum and interest as a Judge may order.
Liquidated demand: several Defendant
(2) Where the claim in the Originating Process is for a liquidated demand against several Defendants and one or more of the Defendants fails to enter appearance, a Claimant may apply to a Judge for Judgment against the Defendants who failed to appear and may execute the Judgment without prejudice to his right to proceed with the action against those who have appeared.

Judgment in default of appearance

(1) Where the claim in the Originating Process is for pecuniary damages, or for detention of goods with or without a claim for pecuniary damages, and the Defendant or all of several Defendants fail to appear, a Claimant may apply to a Judge for Judgment.
(2) Judgment may be granted upon the application of the Claimant under the provision of Sub Rule (1) of this Rule, subject to the filling of such particulars as a Judge may direct and ascertaining the value of the goods and the damages or the damages only as the case may be.
(3) Where the claim in the Originating Process under this Rule is against several Defendants and one or more of the Defendants failed to enter appearance, a Claimant may apply for Judgment against the Defendant(s) who failed to appear.
(4) Judgment may be granted upon the application of the Claimant under the provisions of sub-rule (3) of this Rule, subject to the filling of such particulars as a Judge may direct, and ascertaining the value of goods and the damages or the damages only as the case may be.

Detention of goods, damages and liquidated demand

(1) Where the claim in the Originating Process is for pecuniary damages or for detention of goods with or without a claim for pecuniary damages and includes a liquidated demand and any of the Defendants fail to appear, a Claimant may apply to a Judge for Judgment.
(2) Judgment may be granted upon the application of the Claimant under sub-Rule (1) of this Rule, subject to the filing of such particulars as the Judge may direct, and ascertaining the value of the goods and the damages, or the damages only as the case may be.

Recovery of land

If no appearance is entered within the time prescribed in the Originating Process in a claim for recovery of land, a Claimant may apply to a Judge for Judgment stating that the person whose title is asserted in the Originating Process is entitled to possession of the land.

Or, if appearance is entered but the Defence is limited to part only, the Claimant shall apply to a Judge for Judgment stating that the person whose title is asserted in the Originating Process shall recover possession of the land, or of that part of it to which the Defence does not apply.

Mesne profits

Where in an Originating Process for recovery of land a Claimant claims mesne profits, arears oft rent, damages for breach of contract or wrong or injury to the premises, the Claimant may apply for Judgment as in rule 6 of this Order for the land, and may proceed to prove the other claims.

Judgment for costs: upon payment, satisfaction, etc

(1) In any case to which rules 3-6 of this Order do not apply and the Defendant or all of several Defendants fail to appear, but by reason of payment, satisfaction, abatement of nuisance, or any other reason, it is unnecessary for a Claimant to proceed, he may apply to a Judge for Judgment for costs.
(2) Such application referred to under sub Rule (1) of this Rule shall be filed and served in the manner in which service of the Originating Process was effected or in such manner as a Judge may direct.

Setting aside Judgment

(1) Where Judgment is entered pursuant to any of the preceding rules of this Order, a Judge may set aside or vary such Judgment on such terms upon an application by the Defendant
(2) The application shall be made within a reasonable time, showing a good Defence to the claim and a just cause for the default.

Default of appearance in actions not otherwise specifically provided for

10.

In all claims not specifically provided for under this Order, where the party served with the Originating Process does not appear within the time prescribed in the Originating Process, a Claimant may proceed as if appearance had been entered.

Compulsory service

11.

Notice of any application under this Order shall be served on the other party.

ORDER 17

Where Claimant believes there is no Defence

Where a Claimant believes that there is no Defence to his claim, he shall file with his Originating Process his:
(a) the statement of claim;
(b) the depositions of his witnesses
(c) list and copies of exhibits; and
(d) an application for summary Judgment which application shall be supported by an affidavit stating the grounds for his belief and a Written Address in respect thereof.

Delivery of extra copies

A Claimant shall deliver to the Registrar as many copies of all the processes and documents referred to in rule 1 of this Order as there are Defendants.

Service

Service of all the processes and documents referred to in rule 1 of this Order shall be effected in the manner provided under Order 10 and Order 13.

Where Defendant intends to defend

Where a party served with the processes and documents referred to in rule 1 of this Order intends to defend the suit he shall, not later than the time prescribed for Defence, file his:
(a) statement of Defence.
(b) depositions of his witnesses.
(c) A list and copies of all documents to be used in his Defence; and
(d) A Counter Affidavit and a Written Address in reply to the application for summary Judgment.

Where Defendant has good Defence, or has no good Defence or has good Defence to part of the claim

(1) Where it appears to a Judge that a Defendant has a good Defence and ought to be permitted to defend the claim he may be granted leave to defend.
(2) Where it appears to a Judge that the Defendant has no good Defence the Judge may thereupon enter Judgment for the Claimant.
(3) Where it appears to a Judge that the Defendant has a good Defence to part of the claim but no Defence to other parts of the claim, the Judge may enter Judgment for that part of the claim to which there is no Defence and grant leave to defend that part to which there is a Defence.

Where there are several Defendants

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

Oral submission on Written Address

Where provision is made for Written Address under these rules, each party shall be at liberty to advance before a Judge oral submission to expatiate his Written Address for not more 10 minutes except the Judge otherwise permits.

ORDER 18

Order for account

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

Application how made

The application for account may be made at any time after the time prescribed for Defence and shall be supported by an affidavit filed on a Claimant’s behalf, stating concisely the grounds of his claim to an account.

Account may be taken by a Judge or Referee

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

ORDER 19

Person claiming jointly or severally

General Person

(1) Any person claiming right whether jointly or severally may be joined as Claimants in one action.
(2) Judgment may be entered without any amendment for any of the Claimants found to be entitled to the relief sought or any part of such relief.

Action in the name of wrong Claimant

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

Misjoinder and Counter-Claim

Where in commencing an action, any person has been wrongly or improperly included as a Claimant and a Defendant has set up a counterclaim or set-off, such Defendant may establish his Set-off or Counterclaim as against the parties other than a Claimant so included, notwithstanding the inclusion of such Claimant or any step taken in the proceeding.

Any persons may be joined as Defendant

(1) Any person may be joined as Defendant against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative.
(2) Judgment may be given against one or more of the Defendants as may be found to be liable, according to their respective liabilities, without any amendment.

Action in the name of wrong Defendant

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

Defendant need not be interested in all the reliefs sought

(1) A Defendant may not be interested in every cause of action or the relief prayed for included in a proceeding against him.
(2) Upon considering the Defence filed and an application by that Defendant, the Judge may make such order as may appear just to prevent Defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.

Joinder of persons severally or jointly and severally liable

A Claimant may at his option join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.

Claimant in doubt as to person from whom redress is to be sought

(1) Where a Claimant is in doubt as to the person against whom he is entitled to claim, redress, he may join two or more Defendants, in such manner as may be prescribed by these rules or an order of the Court.
(2) The extent to which any of the Defendants is liable shall be determined by the Judge.

Persons under legal disability

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

Guardian

10.

Any person who is to be named in an action as guardian of a person under legal disability or other party or as relator shall file a written authority for that purpose in the registry.

Trustees, Executors etc. may be sued as representing the estate

11.

(1) Any 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 beneficiary interested in the trust or estate, and shall be considered as representing such person.
(2) The Judge may, at any stage of the proceedings, order any beneficiary to be made parties in addition to or in lieu of the trustees, Executors and Administrators.
(3) This rule shall apply to trustees, Executors and Administrators in proceedings to enforce a security by foreclosure or otherwise.

Numerous persons

12.

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

Representation of persons or classes of persons in certain proceedings

13.

(1) The Judge may. if satisfied that in any proceedings concerning:
(a) the administration of an estate;
(b) property subject to a trust; or
(c) land held under customary law as family or community property: or
(d) the construction of any written instrument, including a statute:
(i) the person, the class or some members of the class interested cannot be ascertained or cannot readily be ascertained; or
(ii) the person, the class or some members of the class interested if ascertained cannot be found: or
(iii) the person or the class and the members of the class can be ascertained and found but it is expedient that one or more persons be appointed to represent that person or class or some members of the class;
make an order appointing one or more persons to represent such person, class or some member of the class.
(2) The decision of the Judge in the proceedings shall be binding on the person or class of persons so represented.
(3) Notice of appointment made by a Judge under this Rule and all processes filed in Court shall be served on a person(s) so appointed.
(4) If in any proceedings mentioned in sub-rule 1 of this Rule, several persons having the same interest in relation to the matter to be determined attend the hearing by separate Legal Practitioners, then, unless the Judge considers that the Circumstances justify separate representation, not more than one set of costs of the hearing shall be allowed to these persons, and the Judgment or Order shall be framed accordingly.
(5) In this Rule, the word “class” includes the persons recognized by Customary Law as members of a family or as members of a land-owning community.

Power to approve compromise

14.

(1) Where in any proceedings mentioned in rule 13 (1) of this Order, a compromise is proposed and the persons interested in or may be affected by the compromise (including unborn or unascertained persons) are absent or not parties to the proceedings but:
(a) there are some other persons having the same interest before the Court who assent to the compromise or on whose behalf the Court sanctions the compromise; or
(b) the absent persons are represented by a person under rule 13 of this Order who so assents;
A Judge may if satisfied that it is expedient and in the interest of absent persons approve the compromise and order that such compromise shall be binding.
(2) The absent persons shall not be bound where the order under sub-rule (1) (b) of this Rule has been obtained by fraud or non-disclosure of material facts.

Where there is no personal representative

15.

(1) Where a person interested in any proceedings dies and it appears that the deceased has no personal representative, the Judge may, by Order appoint any person to represent the Estate with Notice to any person as the Judge may deem fit.
(2) Notice of such order under sub-rule (1) pursuant to the appointment shall be given to the person so appointed either personally or generally by public advertisement or as the Judge may direct.
(3) The order and any subsequent order made under sub-rules (1) and (2) shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased has been a party to the proceedings.
(4) Where a sole or sole surviving Claimant or Defendant in a proceedings dies and the cause of action survives but the person entitled to proceed with the suit fails to proceed, a Judge may on the application of either the deceased’s Legal Practitioner or the opposing party order any person to take the place of the said deceased and proceed with the suit.
(5) In default of such application or where the person substituted fails to proceed, Judgment may be entered for the Defendant or as the case may be for the person against whom the proceedings might have been continued.

Proceedings not defeated by misjoinder or non-joinder

16.

(1) No proceedings shall be defeated by reason of misjoinder or non-joinder of parties, and a Judge may deal with the matter in controversy as it relates to the rights and interest of the parties actually before him.
(2) A Judge may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Judge to be just, order that the names of any parties improperly joined be struck out.
(3) A Judge may order that the names of any party who ought to have been joined or whose presence before the Court is necessary to effectually and completely adjudicate upon and settle the questions involved in the proceedings be added.
(4) No person under legal disability shall be added as a Claimant suing without a guardian and no person shall be added as the guardian of a Claimant under legal disability without his own consent in writing.
(5) Every party whose name is added as Defendant shall be served with the Originating Processes or Notice in the manner prescribed in these rules or in such manner as may be prescribed by a Judge and the proceedings against such person shall be deemed to have begun on the service of such Originating Processes or Notice.

Application to add or strike out a party

17.

(1) Any application to add or strike out or substitute or vary the name of a Claimant or Defendant may be made to a Judge by Motion.
(2) Where the application is to add a Claimant or a Defendant, the application shall be accompanied by the proposed Statement of Claim or Defence as the case may be, all the documents intended to be used and the depositions of all the witnesses:
Provided that where the application is to substitute a deceased party with another person, the application may not be accompanied by the documents specified in this subrule.

Where Defendant is added

18.

(1) Where a Defendant is added or substituted, the Claimant shall amend the Originating Process accordingly.
(2) The amended Originating Process shall be filed and served on the new Defendant in the same manner as the original Defendant unless otherwise directed by the Judge.

Third Parties may be joined by any of the parties

19.

(1) Where it appears to a Judge that any person not a party in the proceedings may bear eventual liability either in the whole or in part, the Judge may upon an Ex parte application allow that person to be joined as a Third Party by any of the Defendants. The application shall state the grounds for the applicant’s belief that such Third Party may bear eventual liability.
(2) The order and existing processes shall be served on the Third Party within the time prescribed for delivering the Defence.

Appearance by Third Party

20.

Where a party is joined to any proceedings as a Third Party he may after service enter appearance within 8 days or within 30 days if he resides or carries on business outside jurisdiction or within such further time as a Judge may order.

Default by Third Party

21.

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

Subsequent Third party

22.

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

Claim against co-Defendant

23.

A Defendant may make a claim against a co-Defendant in his Counter-Claim.

Actions by and against firms

24.

Actions against Firms and Persons carrying on Business in names other than their own

(1) Persons carrying on business within the jurisdiction as partners in the name of a firm or business, when the cause of action arose may sue or be sued in the name of such firm or business.
(2) Upon an application by any party to such an action, the Judge may direct that a statement of the names and addresses of the persons who were partners in the firm or business when the cause of action arose be furnished and verified on oath or as the Judge may otherwise direct.

Disclosure of Partner’s Names

25.

(1) When an Originating Process is used by partners suing in the name of a firm, the Claimants or their Legal Practitioners shall, upon written demand by or on behalf of any Defendant, declare the names and addresses of all the persons constituting the firm on whose behalf the action is brought in writing.
(2) Where the Claimants or their Legal Practitioner fail to comply with the demand under sub-rule (1) the Judge may upon application by the Defendant and such terms as may be considered just, stay proceedings in the action.

Appearance of Partners

(3) Where the names of the partners are declared, the suit shall proceed in the same manner and respect as if the partners had been named as Claimants in the Originating Process but the proceedings may continue in the name of the firm.

26.

(1) Persons sued as partners in the name of a Firm, shall appear individually in their own names; but subsequent proceedings shall continue in the name of the Firm.
(2) Where an Originating Process is served upon a person having the control or management of a partnership business not being a member of the firm, the person shall not be required to enter appearance.

Application of Rules to Actions between Co-Partner

27.

This Order shall apply to proceedings between a Firm and one or more of its partners; and between Firms having one or more partners in common, provided such Firms carry on business within the jurisdiction.

Persons Trading as Firms

28.

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

Action not abated where cause of action survives

29.

III Change of Parties by Death or Otherwise, etc

No proceeding shall abate or become defective by:

(a) Reason of death or bankruptcy of any of the parties, if the cause of action survives;

(b) The assignment, creation or devolution of any Estate or title pendent lite whether the cause or action survives or not,

(c) Reason of the death of either party between the finding on issues of fact and Judgment, Judgment may in such case be entered notwithstanding the death of the party.

Order to carry on Proceedings

30.

(1) Where by reason of:
(a) death or bankruptcy, or any other event occurring after the commencement of a proceeding, a change or transfer of interest or liability occurs; or
(b) any person interested coming into existence after the commencement of the proceedings, it becomes necessary or desirable that a person be made a party or that a person being a party should continue in another capacity, an order may be granted upon an application ex parte for the continuation of the proceedings between such existing parties or the existing party and any new party
(2) An Order obtained under this Rule shall be served upon the new party and existing party or the Legal Representative unless the application is made by the new party.
(3) A new party served with the Order granted under sub-rule (2), shall:
(a) where applicable enter an appearance in the same manner as if he had been served with the Originating Process;
(b) subsequently be served with the Originating Process and all existing processes.
(4) Upon being served under sub-rule (3) of this Rule, the party shall file his Pleadings and other documents as if he had been an original party in the proceedings.

In Case of Assignment, Creation or Devolution of Estate or Title

31.

In case of an assignment of title pendent lite, creation or devolution of any Estate, the cause or matter may be continued by or against the person to title has been assigned or upon whom such Estate has devolved.

Application to Discharge Order by Person under Disability having a Guardian

32.

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

By persons under disability having no guardian

33.

(1) An Order under Rule 30 served on a person under legal disability without a guardian in any proceedings shall have no effect.
(2) The person may within fourteen (14) days from the appointment of a guardian apply to a Judge to discharge or vary such Order.

Acts may be done by Legal Practitioner or Agent

34.

Legal Practitioners or Agent

Where by these rules any act may be done by any party in a proceeding, such act may be done by the party either in person, or by his Legal Representative or agent unless where an agent is expressly barred under these rules.

ORDER 20

All Causes of Action may be Joined

Subject to the provisions of this Order, the Claimants may join several causes of action in the same action, but if it appears that they cannot be conveniently tried or disposed of together, a Judge may order separate trial of such cause of action or make such order as may be necessary or expedient for the separate disposal of the action.

Recovery of Land

(1) An action for recovery of land may be joined with an action for declaration of title, mesne profits or arrears of rent, damages for breach of any contract under which the land or any part of it is held, or for any wrong or injury to the premises.
(2) An action for foreclosure or redemption may be joined with a claim for delivery of possession of the mortgaged property and a claim for payment of principal or interested secured by or any other relief in respect of the mortgage of or charge on such land.

Executor and Administrator

Where personal claims are alleged to arise with reference to the Estate in respect of which the Claimant sues or Defendant is sued as Executor or Administrator, claims by or against the Executor or Administrator may be joined with claims by or against him personally.

Claims by Joint Claimants

Claims by different Claimants against the same Defendant may be joined and disposed together.

Null

20.

ORDER 21

Filing of Pleadings

(1) A Claimant shall file a Statement of Claim together with the accompanying documents, which shall include the relief or remedy being claimed.
(2) A Defendant shall file his Statement of Defence, Set-off or Counter-Claim within 30 days of receiving the Claimant’s Originating Process and accompanying documents.
(3) A Counter-Claim shall have the same effect as a cross action, to enable the Court pronounce a final Judgment in the same proceedings.
(4) A Claimant shall file his reply within 14 days of receiving the Statement of Defence and Counter-Claim.
(5) Where a Claimant or any other person named as party to a Counter-Claimant contends that the claim ought not to be disposed by way of Counter-Claim, but in an independent proceedings, a Judge may at any stage of the proceedings order that such Counter-Claim be excluded.

Pleadings to State Material Facts and not Evidence

(1) Every Pleadings shall contain a statement of the material facts on which the party pleading relies for his claim or defence, but not the evidence by which they are to be proved.
(2) Pleadings shall be divided into paragraphs and numbered consecutively. Dates, sums and numbers expressed in figures.
(3) Pleadings shall be signed by a Legal Practitioner or the party, if he sues or defends in person.

Particulars to be given where Necessary

(1) In all cases where a party relies on any misrepresentation, fraud, breach of trust, default, or undue influence and in all other cases where such particulars may be necessary, the particulars shall be stated in the Pleadings.
(2) In an action for libel or slander, if the Claimant alleges that the words or matter complained of were used in a defamatory sense other than their ordinary meaning, he shall give particulars of the facts and matters on which he relies in support of his allegation.

Further and better Statement or Particulars

The Judge may during Case Management Conference grant upon such terms as may be just an application for further and better-
(a) Statement of the nature of the claim or Defence; or
(b) Particulars of any matters stated in any pleading requiring particulars.

Denial

(1) Every allegation of fact in a pleading if not specifically denied by the other party shall be taken as admitted except against a person under legal disability.
(2) A general denial in any Pleadings shall not operate as denial of any specific fact in the Pleadings of the opposing party.

Conditions Precedent

Each party shall specify distinctly in his Pleadings, any conditions precedent, the performance or occurrence of which is intended to be contested.

Facts to be Specifically Pleaded in Defence and Reply

(1) All grounds of Defence or Reply which makes an action not maintainable shall be specifically pleaded.
(2) A party shall not introduce issues of fact not arising out of the Pleadings or ground which may take the opposite party by surprise.
(3) A party shall specifically plead any ground which makes a transaction void or voidable such as fraud, Limitation Law, release, payment, performance or facts showing insufficiency in contract or illegality either by any enactment or under Common Law.

Pleadings to be Consistent

No Pleadings shall raise any new ground of claims or contain any allegation of fact inconsistent with the previous Pleadings of the party pleading the same.

Joinder of Issues

A party may by his Pleadings join issues with the opposing party and such joinder of issues shall operate as a denial of every material allegation of fact upon which issue is Joined except any fact which the party may be willing to admit.

Effect of Documents to be Stated

10.

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

Notice

11.

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

Implied Contract or Relationship

12.

(1) Wherever any contract or any relationship between any persons is to be implied from a series of letters or conversations, or otherwise from a set of circumstances, it shall be sufficient to allege such contract or relationship as a fact, and to refer generally to such letters, conversations or circumstances without setting them out in detail.
(2) Where more than one contract or relationship is to be implied from such circumstances, the person pleading may state the same in the alternative.

Presumption of Law

13.

A party may not allege any matter or fact which the law presumes in his favour or which the other party has burden of proving unless the same has been specifically denied.

Stated or Settled Account

14.

Where the cause of action is a stated or settled account, the Pleadings shall contain particulars, but in every case in which a statement of account is relied on by Way of evidence or admission of any other cause of action which is pleaded, the same shall not be included in the Pleadings.

Technical Objection

15.

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

Striking out of Pleadings

16.

Any matter in an indorsement or pleading which may be unnecessary or scandalous; or which may tend to prejudice, embarrass or delay the fair trial of the action, may be amended or struck out by the order of a Judge at the Case Management Conference upon such terms as the Judge may deem fit, including payment of the application costs by the party or legal representative.

Defamation

17.

(1) Where malice, fraudulent intention, knowledge or other condition of the mind of any person is alleged, it shall be sufficient to state the fact of such allegation without setting out the circumstances from which the fact can be inferred.
(2) Where the Defendant in an action for libel or slander 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 Claimant 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 the Defendant in an action for libel or slander alleges that in so far as the words complained of consist of statement of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to the like effect, he shall give particulars stating which of the facts and matters he relies on in support of the allegation that the words are true.

Where Pleadings Disclose no Reasonable Cause of Action

18.

(1) The Judge may at any stage of the proceedings order to be struck out or amended any Pleadings or the indorsement of any Writ in an action, or anything in the Pleadings or indorsement, on the ground that it:
(a) discloses no reasonable cause of action or defence, as the case may be; or
(b) is scandalous, frivolous or vexatious; or
(c) may prejudice, embarrass or delay the fair trial of the action; or
(d) is otherwise an abuse of the process of the Court;
and may order the action to be stayed or dismissed or Judgment to be entered accordingly, as the case may be.
(2) No evidence shall be admissible on an application under Rule 17(1)(a) of this Order.
(3) This Rule shall, so far as applicable, apply to an Originating Summons and a Petition as if the Summons or Petition, as the case may be, were a Pleadings.
(4) No proceedings shall be open to objection on the ground that only a declaratory Judgment or Order is sought and a Judge may make a binding declaration of right whether any consequential relief is or could be claimed or not.

Close of Pleadings

19.

(1) Where a Pleadings subsequent to Reply is not ordered, then, at the expiration of 7 days from the service of the Defence or Reply (if a Reply has been filed) Pleadings shall be deemed closed.
(2) Where a Pleading subsequent to Reply is ordered, and the party who has been ordered or given leave to file same fails to do so within the period limited for that purpose, then, at the expiration of the period so limited the Pleadings shall be deemed closed.

Provided that this rule shall apply to a Defence to Counterclaim and unless the Claimant files a Defence to Counterclaim, the statements of fact contained in such Counterclaim shall at the expiration of 14 days from the service thereof or of such time (if any) as may by order be allowed for filing of a Defence thereto be deemed to be admitted, but the Judge may at any subsequent time give leave to the claimant to file a defence to counterclaim.

ORDER 22

Statement of Claim

(1) Every Statement of Claim and Counter-Claim shall state specifically the relief Claimed either singly or in the alternative, and it shall not be necessary to ask for general or other relief, which may be given as a Judge may think just as if it had been asked for.
(2) Where the Claimant or Counter-Claimant seeks relief in respect of several distinct Claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly. The same rule shall apply where the Defendant relies upon several distinct grounds of Defence, Set-off or Counterclaim founded upon separate and distinct facts.

Claim beyond indorsement

Whenever a Statement of Claim is filed, the Claimant may alter, modify or extend his claim without any amendment of the Indorsement of the Writ:
Provided that the Claimant may not completely change his cause of action indorsed on the Writ without amending the Writ.

ORDER 23

Statement of Defence

(1) The Statement of Defence shall be a statement in summary form, and shall be supported by:
(a) List of witnesses to be called at the trial
(b) Depositions of witnesses, and
(c) List and copies of all documents to be relied upon at the trial.
(2) A Defendant shall within Thirty (30) days of service of Originating Process and the accompanying documents on the Defendant, deliver to the Claimant a Statement of Defence, along with the document prescribed in Rule 1 (1) of this Order.

Evasive denial

When a party in any Pleadings denies an allegation of fact in the previous Pleadings of the opposite party, the denial shall not be done evasively, but shall answer the point of substance and where applicable, each diverse circumstances upon which an allegation is brought shall be specifically denied.

Denials generally

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

(2) In an action for money had and received, a denial by the Defendant must specifically contend the receipt of the money or the existence of those facts which are alleged to support the Claimant’s claim for receipt of money.

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

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

Persons in Representative Capacity

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

Pleadings to damages

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

Set-off and Counter claim

Where any Defendant seeks to rely upon any ground as supporting a right of Set-off or Counterclaim, he shall in his Defence state specifically that he does so by way of Supporting a right of Set-off or Counterclaim.

Title or Counterclaim

(1) Where a Defendant by his Defence sets up any counterclaim which raises questions between himself and the Claimant along with any other persons, he shall add to the title of his Defence a further title similar to the title in a Statement of Claim, setting forth the names of all persons who, if such Counterclaim were to be enforced by cross action, would be Defendants to such cross action.
(2) The Defendant shall deliver his Defence to such persons who are existing parties to the action within the period which he is required to deliver it to the Claimant.

Claim against persons not party: Civil Form 12

(1) Where any such person as in Rule 7 of this Order is not a party to the action, he shall be summoned to appear by being served with a copy of the Defence and Counterclaim, and such service shall be regulated by the same rules as those governing the service of the Originating Process.
(2) The Defence and Counterclaim so served shall be indorsed in Form 12 with such modifications or variations as circumstances may require.

Appearance by added parties

Any person not already a party to the action, who is served with a Defence and Counterclaim as aforesaid, must appear thereto as if he had been served with an Originating Process to appear in an action.

Defence to Counter Claim

10.

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

Discontinuance of the Claimant’s claim

11.

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

Judgment for balance

12.

Where in an action, a Set-off or Counterclaim is established as a Defence against the Claimant’s claim, the Judge may, if the balance is in favour of the Defendant, enter Judgment for the Defendant for such balance, or may otherwise grant to the Defendant such relief as he may be entitled to upon the merits of the case.

Grounds of Defence after action brought

13.

(1) Any ground of Defence which arises after the action has been filed, but before the Defendant has delivered his Defence, and before the time limited for doing so has expired, may be raised by the Defendant in his Defence, either alone or together with other grounds of Defence.
(2) If after a Defence has been delivered along with a Set-off or Counterclaim, any basis for answer or ground of Defence arises, the Claimant may raise same either alone or together with any other ground of Reply or Defence to the Counterclaim, in the Reply to the Defence or Defence to Counterclaim respectively.

Further Defence or Reply

14.

Where any ground of Defence arises –
(a) After Defendant has delivered the defence or the time limited for his doing so has expired;
(b) In respect of a set off or counter claim after the Claimant has filed the reply or the time limited for delivery of reply has expired;
(c) The Defendant or Claimant may within 8 days after such ground of defence has arisen or at any time by leave of a Judge deliver a further Defence or further reply as the case may be.

Concession to Defence: Form 13

15.

Whenever any Defendant in his Defence or in any further Defence pursuant to Rule 1 of this Order alleges any ground of Defence which has arisen after the commencement of the action; the Claimant may concede to such Defence in Form 13 with such modification (as circumstances may require) and may thereupon obtain judgment up to the time of the Pleadings of such Defence, unless the Judge either before or after the delivery of such concession otherwise orders.

Defence to Originating Summons

16.

A Respondent to an Originating Summons shall file a counter affidavit together with all the exhibits he intends to rely upon and a Written Address within 21 days after service of the Originating Summons.

ORDER 24

Filing of Reply

Where the Claimant desires to make a reply to a Statement of Defence, he shall file it within Fourteen (14) days from the service of the Defence.

Documents to accompany a Reply

A Reply may be accompanied by:
(a) An additional list of witness(es) to be called at the trial,
(b) An additional deposition on oath of the witness(es),
(c) Additional list and copies of every document to be relied upon at the trial.

Reply to Counterclaim

Where a Counterclaim is pleaded, a reply thereto is called a Defence to counterclaim and shall be subject to the rules applicable to Defence.

ORDER 25

Notice of Admission.

Any party to a proceeding may give notice by his Pleading or otherwise in writing, that he admits the truth of the whole or part of the facts stated in the other party’s pleading.

Notice to Admit Document.

(1) A party may by notice filed and served not later than Seven (7) days before the first Case Management Conference require any other party to admit any document.
(2) The party served with the notice shall, not later than four (4) days after service, give notice of admission or non-admission of the document, failing which he shall be deemed to have admitted it, unless a Judge directs otherwise.
(3) When a party decides to challenge the authenticity of any document he shall not later than seven (7) days from the service of the document give notice that he does not admit the document and require it to be proved at the trial.

Notice to admit facts.

(1) Any party may by notice filed and served not later than seven (7) days before the first Case Management Conference require any other party to admit any specific fact mentioned in the notice.
(2). The party served with the notice shall not later than four (4) days after service give notice of admission or non-admission of the fact, failing which he shall be deemed to have admitted it unless a Judge directs otherwise.
(3) Any admission made under sub-Rule (2) shall be deemed to be made only for the purpose of the proceeding and shall not be used against any other party other than the party giving the notice.
(4) Where there is a refusal or neglect to give notice as provided under sub-Rule(2) of this Rule or within such further time as may be allowed by the Judge, the cost of proving such fact shall be paid by the party so refusing or neglecting whatever the result of the proceedings, unless the Judge is satisfied that the refusal to give notice was reasonable or the Judge otherwise directs.

Judgment or Order upon admission of facts.

Where admissions of fact have been made, either on the pleadings or otherwise at Case Management Conference or at any other stage of the proceedings, the Judge may upon application make such orders or grant Judgment in favour of any party in respect of the admissions, pending the determination of any other question between the parties.

Cost of Notice Where Documents are unnecessary.

Where a notice to admit or produce comprises documents which are not necessary, the Judge may order the party giving the notice to bear the cost occasioned by same, which shall not be lees than N2,500.00 (Two Thousand, Five Hundred Naira)

ORDER 26

Claim for Debt or Liquidated Demand

Where the claim is for a debt or liquidated demand only and the Defendant does not within the time allowed by these rules file a Defence, the Claimant may at the expiration of such time apply for final Judgment for the amount claimed with costs.

Default by One of Several Defendants

Where one or more of several Defendants default under the provisions of rule 1 of this Order, the Claimant may without prejudice to his right to procced against the other Defendants, apply that final Judgment be entered against the Defendant in default.

Damages and Detention of Goods

(1) If the Claimant’s claim is for pecuniary damages or for detention of goods with or without a claim for pecuniary damages, and the Defendant defaults as provided in rule 1 of this Order, the Claimant may apply to a Judge for the Defendant. interlocutory Judgment against the Defendants.
(2) The value of the goods and the damages, or the damages only as the case may be, shall be ascertained as the Judge may order.
(3) Where damages are to be ascertained and, in all cases where declaratory reliefs are sought the Judge shall set down the matter for trial.

Default of one or more Defendants

(1) Where one or more of several Defendants default in any action as provided under rule 3 of this Order, the Claimant may apply to a Judge for interlocutory Judgment against the defaulting Defendant and proceed with his action against the other Defendants.
(2) In such case, the value and amount of damages against the defaulting Defendant shall be assessed at the trial of the action or issues against the other Defendants, unless the Judge orders otherwise.

Debt or Damages and Detention of Goods or Damages

Where in a claim for debt or liquidated demand and also for pecuniary damages or for detention of goods with or without a claim for pecuniary damage but includes a liquidated demand, the Defendant is in default, as provided in rule 1 of this Order, the Claimant may apply to a Judge to enter –
(a) final Judgment for the debt or liquidated demand;
(b) interlocutory Judgment for the value of the goods and damages, or the damages only as the case may be, and proceed as provided in rules 3 and 4.

Recovery of Land

In an action for the recovery of land, if the Defendant is in default as provided in rule 1, the Claimant may apply for Judgment stating that the person whose title is asserted in the Originating Process shall recover possession of the land.

Claim for Mesne profits, Arrears or Damages

Where in an action or recovery of land the Claimant endorsed a claim for mesne profits or arrears of rent in respect of the premises claimed or part of the premises; or damages for breach of contract or wrong or injury to the premises claimed; one or more Defendants defaults as provided in rule 1, the Claimant may apply for final Judgment against the defaulting Defendant and proceed as provided in rules 3 and 4.

Defence to Part of Claim Only

(1) If the Claimant’s claim is for:
(a) a debt or liquidated demand or for pecuniary damages only; or
(b) detention of goods with or without a claim for pecuniary damages, or
(c) the recovery of land or any such matters; and the Defendant files a Defence which purports to offer an answer to part of the Claimant’s alleged cause of action, the Claimant may apply for final or interlocutory Judgment as the case may be, for the part unanswered.

(2) Without prejudice to the provisions of sub-rule (1) of this Rule where:
(a) the unanswered part consists of an inseparable or in severable cause of action or its severable Judgment may not be granted;
(b) there is a Counterclaim, execution of any Judgment in respect of the Claimant’s claim shall not issue without the leave of a Judge.

Defendant in default

(1) In all actions other than those in the preceding rules of this Order, if the Defendant defaults in filing a Defence, the Claimant may apply to a Judge for Judgment, Judgment shall be given upon the statement of claim as the Judge may consider just and appropriate.
(2) Where there is no Defence, and the matter before the Court cannot be adjudged without the Claimant adducing evidence to prove the case, the Claimant shall apply to set the matter down for trial and Judge shall proceed to hear the matter.

One of Several Defendants in Default

10.

Where in any such action as provided in rule 9 of this Order, there are several Defendants, if one of such Defendants is in default as aforesaid, the Claimant may apply for Judgment against the Defendant in default, and proceed against the other Defendants.

Defendant in default

11.

Where issues arise in a proceeding other than between the Claimant and Defendant, if any party to any such issue is in default of filing any Pleadings, the opposing party may apply for Judgment, and the Judge may enter Judgment accordingly or make such other order(s) as may be deemed fit.

Setting Aside Judgment by Default

12.

(1) Any Judgment entered upon under this Order or any provision of these rules shall be final and valid.
(2) The Judgment may be set aside upon application to the Judge on the grounds of fraud, non-service or lack of jurisdiction and on such terms as the Court may deem fit.

ORDER 27

Payment into and out of Court

(1) Where, after service in any proceeding for debt or damages, a Defendant intends to pay money into Court in respect of the proceeding, he shall notify the Chief Registrar who will direct him to pay the money into an interest yielding account in a commercial bank and he shall file the teller for such payment with the Chief Registrar.
(2) Where a teller for payment is filed with the Chief Registrar, he shall immediately give notice of the payment to the Claimant who may apply to a Judge for an order to withdraw the amount so paid.
(3) Where a Defence of tender before action is set up, proof of such sum of money alleged to have been tendered shall be brought into Court.
(4) The Defendant may without leave give a written notice to the Registrar in Form 14 with such modifications or variations as circumstances may require, of an intention to increase the amount of any sum paid into Court.
(5) Where the money is paid into Court in satisfaction of one or more of several causes of action, the notice shall specify the cause or causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless a Judge otherwise directs.
(6) The notice may be modified or withdrawn or delivered in an amended form by leave of a Judge upon such terms as may be just and receipt of same shall be acknowledged by the Claimant within three (3) days.
(7) Where money is paid into Court with denial of liability, the Claimant may proceed with the action in respect of the Claim and if he succeeds, the amount paid shall be applied so far as is necessary in satisfaction of the claim, and the balance if any, shall on the order of a Judge be repaid to the Defendant.
(8) Where the Defendant succeeds in respect of such claim; the whole amount paid into Court shall be repaid to him on the order of a Judge.

Claimant May Take Out Money

(1) Where money is paid or more than one payment has been made into Court under rule 1, the Claimant:
(a) may within fourteen (14) days of the receipt of the notice of payment or the last payment if more than one payment is made, accept the whole sum or any one or more of the specific sums in satisfaction of the cause of action to which the specified sum relates by giving notice to the Defendant in Form 15, with such modifications or variations as circumstances may require; and
(b) shall be entitled to receive payment of the accepted sum or sums in satisfaction of the claim.
(2) Proceedings in the action or in respect of the specified cause or causes of action as the case may be shall abate upon payment to the Claimant or on his written authority to his Legal Practitioner.
(3) If the Claimant accepts money paid into Court in satisfaction of his claim, or if he accepts a sum or sums paid in respect of one or more specified causes of action, and gives notice that he abandons the other causes of action, he may:
(a) after four (4) days from payment out of Court, unless a Judge otherwise orders, tax his costs incurred prior to the time of payment into Court; and
(b) forty-eight (48) hours after taxation shall sign Judgment for the taxed costs.
(4) Where in an action for libel or slander, the Claimant accepts money paid into Court, either party may apply for leave by summons to a Judge to allow the parties or either of them to make a statement in open Court on terms approved by the Judge.

When only a part of money is paid

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

Several Defendants

(1) Money may be paid into Court under rule 1 by one or more of several Defendants sued jointly or in alternative upon notice to the other Defendant or Defendants.
(2) If the Claimant elects within fourteen (14) days after receipt of notice of payment into Court to accept the sum paid into Court, he shall give notice in Form 16 with such modifications or variations as circumstances may require, to each Defendant and further proceedings in the action or in respect of the specified cause or causes of action as the case may be shall abate.
(3) The money accepted under sub-rule (2) shall not be paid out except in pursuance of an order of a Judge dealing with the cause or causes of action.
(4) In an action for libel or slander against several Defendants sued jointly, if any Defendant pays money into Court, the Claimant may within 14 days elect to accept the sum paid into Court in satisfaction of his claim against the Defendant making the payment and shall give notice to all the Defendants in Form 15 with such modifications or variations as circumstances may require.
(5) The Claimant may:
(a) tax his costs against the Defendant who has made such payment in accordance with Rule 2(3) of this Order and the action shall abate against that Defendant.
(b) continue with the action but the sum paid into Court shall be set-off against the damages awarded to the Claimant against the Defendant in respect of whom the action is continued.

Counterclaim

A person made a Defendant to a Counterclaim may pay money into Court in accordance with the above Rules, with necessary modifications.

Persons Under Legal Disability

(1) In any proceedings in which money or damages is claimed by or on behalf of a person under legal disability suing either alone or in conjunction with other parties, no settlement, compromise, payment or acceptance of money paid into Court, whether before, during or after the trial, shall be valid in respect of the claims of such person without the approval of a Judge.
(2) No money or damages in any way recovered or adjudged; ordered or awarded or agreed to be paid in any such proceedings regarding the claims of any person under legal disability whether by Judgment, settlement, compromise, payment into Court or otherwise, before, during or after the trial, shall be paid to the Claimant or to the guardian of the Claimant or to the Claimant’s Legal Representative unless by the direction of a Judge which may be general or specific or include how:
(a) the money is to be applied or dealt with; or
(b) any payment is to be made either directly or out of money paid into Court, to the Claimant or the guardian for expenses incurred or for maintenance or otherwise for or on behalf or for the benefit of the person under legal disability:
(c) any payment is to be made to the Claimant’s legal Practitioner in respect of costs.

Payment into and Withdrawal of Money from Court

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

ORDER 28

Demurrer Abolished

No demurrer shall be allowed Demurrer

Points of law may be raised by pleading

(1) Any party may by his Pleadings raise any point of law and the Judge may dispose of the point so raised before or at the trial.
(2) If in the opinion of the Judge, the decision on such point of law substantially disposes of the whole proceedings or any part of it, the Judge may make such decision as may be just.
(3) This provision shall be without prejudice to the Arbitration and Conciliation Act or any other Law under which a Defendant must apply for stay of proceedings before filing a Statement of Defence or other Statement of Case on the merit

ORDER 29

Claimant may withdraw or discontinue before Defence

(1) The Claimant may by notice in writing duly filed and served, at any time before service of the Defence, wholly discontinue his claim against all or any of the Defendants or withdraw or discontinue any part or parts of his claim.
(2) The Claimant shall pay such Defendant costs of the action, or if the action is not wholly withdrawn or discontinued, costs occasioned by the matter so withdrawn or discontinued.
(3) The withdrawal or discontinuance as the case may be, shall not be a Defence to any subsequent claim.

Claimant May Withdraw or Discontinue after Defence

(1) Where a Defence has been filed, the Claimant may, with the leave of a Judge before taking any other step in the proceedings withdraw or discontinue the proceedings or any part of it on such terms and conditions as the Judge may order.
(2) Where proceedings have been stayed or struck out upon a Claimant’s withdrawal or discontinuance under this Order, no subsequent claim shall be filed by him on the same or substantially the same facts until the terms imposed on him by the Judge have been fully complied with.
(3) The Judge may in like manner and like discretion as to terms, upon the application of a Defendant order the whole or any part of his alleged grounds of Defence or Counterclaim to be withdrawn or struck out.

Withdrawal by consent

(1) Where a cause is ready for trial, it may be withdrawn by either Claimant or Defendant upon producing to the Registrar, consent in writing signed by the parties and a Judge shall strike out the matter without the necessity of attendance of the parties or their Legal Practitioner.
(2) The withdrawal with the consent of the parties under this Rule shall be a bar to further proceedings.

Claimant may withdraw at the trial

Where trial has commenced, the Claimant may with the leave of Court withdraw or discontinue the claim or any part of it and the Judge may dismiss the claim wholly or in part or make such order as the Judge shall deem fit.

ORDER 30

Amendment of Originating Process and Pleadings

A party may amend his Originating Process and Pleadings at any time before the close of Case Management Conference and not more than twice during the trial but before the close of the parties case.

Application

(1) An Application for amendment shall:
(a) exhibit the proposed amendment and show the paragraphs of the proposed amendment;
(b) be supported by an affidavit.
(2) The Judge may allow the application upon such terms as to costs or otherwise as may be just.

Amendment of Originating Process

An application to amend an Originating Process or a Pleadings must be filed:
(a) with a list of any additional witness to be called together with the deposition on oath of such witness;
(b) in the case of an existing witness, with further written deposition on oath;
(c) with a list and copies of any document to be relied upon consequent on such amendment by the amending party.

Failure to amend after Order

If a party who has obtained an order to amend does not amend accordingly within the time limited for that purpose by the order of a Judge, or if no time is specified in the order, within seven (7) days from the date of the Order, the party shall pay an additional fee of N500.00 (Five Hundred Naira) for each day of default.

Filing and service of amended process

Upon amendment of an Originating Process or Pleadings, a copy of the document as amended shall be filed in the Registry and additional copies served on all the parties to the action.

Date of Order and date of amendment to be displayed

Whenever any endorsement or pleading is amended, it shall be marked in the following manner:

“Amended…………. day of…. pursuant to Order of (name of Judge) dated the…… day of…………..”

Clerical mistakes and accidental omissions in Judgments etc.

A Judge may upon application at any time correct errors arising from accidental slip or clerical mistakes in judgments or orders without an appeal being filed.

General power to amend

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

ORDER 31

Case Management Conference Notice: Form 17 and Form 18

(1) Within Fourteen (14) days after close of Pleadings, the Claimant shall apply for the issuance of a Case Management Conference Notice as in Form 17.
(2) Upon the application by a Claimant under sub-Rule (l) above, the Judge shall cause to be issued to the parties and their Legal Practitioners where applicable, a Case Management Conference Notice in Form 17 accompanied by a Case Management Information Sheet in Form 18 for the following purposes:
(a) disposal of matters which must or can be dealt with on interlocutory application,
(b) giving such directions as to the future course of the action as appears best adapted to secure its just, expeditious and economical disposal,
(c) promoting amicable settlement of the case or adoption of alternative dispute resolution (ADR).
(3) If the Claimant does not make the application within the time specified under subrule (1) of this Rule, the Defendant(s) may do so or apply for an order to dismiss the action.

Agenda

At the Case Management Conference, the Judge shall consider and take appropriate action with respect to any of the following or aspect of same as may be deemed necessary or desirable: Agenda
(a) Formulation and settlement of issues;
(b) Amendments, further and better particulars;
(c) the admission of facts, and other evidence by consent of the parties;
(d) control and scheduling of discovery, inspection and production of documents;
(e) settlement of documents to be admitted as exhibits at the trial;
(f) narrowing the field of dispute between expert witnesses, by either participation at Case Management Conferences or in any other manner,
(g) hearing and determination of application and objections on point of law;
(h) giving orders or directions for separate trial of a Claim, Counter-Claim, Set-Off, Cross-Claim or Third Party Claim or of any particular issue in the case;
(i) settlement of issues, inquiries and accounts under Order 35;
(j) securing statement of Special Case of law or facts under Order 36;
(k) determining the form and substance of the Case Management Order,
(l) making referrals to the Oyo State Multi-Door Courthouse or other relevant ADR bodies;
(m) implementing any ADR Order made under (1) above
(n) any other matter as may facilitate the just and speedy disposal of the action.

Time-Table

(1) The duration of the Case Management Conference stage with respect to any matter shall not exceed Forty-Five (45) days from its commencement.
(2) As far as practicable, Case Management Conferences shall be held from day to day or adjourned only for purposes of compliance with Case Management Conference Orders.
(3) A Judge may extend Case Management Conference period where he deems it expedient to do so.
(4) The parties and their Legal Practitioners shall co-operate with the Judge in working within this time-table.

Report

The Judge shall issue a report after close of the Case Management Conference which shall guide the subsequent course of the proceedings unless modificd by the Trial Judge.

Sanctions

If a party or his Legal Practitioner fails to attend the Case Management Conference or obey a Scheduling Order or is substantially unprepared to participate in the Conference or fails to participate in good faith, the Judge shall;
(a) in the case of the Claimant dismiss the claim;
(b) in the case of a Defendant enter Judgment against him.

Application to set aside Judgment and ADR directives

(1) A Judgment entered under rule 5 of this Order may be set aside upon an application within seven (7) days of the Judgment or such other period as may be allowed by the Judge or ADR Judge.
(2) The application shall be accompanied by an undertaking to participate effectively in the Case Management Conference or ADR, as the case may be.

Management

The Judge shall direct the Case Management Conference with due regard to its purpose and agenda as provided under this Order and require the effective cooperation of parties or their Legal Practitioners in dealing with the Conference agenda.

ORDER 32

Applications

This Order applies to:
(a) Cases screened in reference to ADR;
(b) Matters referred to ADR pursuant to Order 31 Rule 1(2) and 2(1);
(c) Applications for enforcement of Arbitral Awards

All applications to be taken by the ADR Judge

(1) When Pleadings are deemed closed, the case may be referred to Oyo State Multi-Door Courthouse or other appropriate ADR Institution or Practitioner(s).
(2) Where a case has been referred to ADR under Order 31 of these rules, the referral Judge shall, in case of recalcitrant parties consider and give appropriate directives on the filing of Statement of Case and other necessary issues.
(3) Upon the directive of the Judge in sub-rule (2) of this Rules, the Claimant shall, within fourteen (14) days file his Statement of Case and the Defendant shall file his response within fourteen (14) days of service of the Statement of Case.
(4) The Judge shall direct the ADR proceedings with due regards to its purpose and agenda as provided under this Order and shall require parties or their Legal Practitioners to cooperate with him effectively.

Mode of ADR Application

(1) An application in any ADR proceedings under these rules shall be by Originating Motion on Notice.
(2) The application may be brought to:
(a) revoke an arbitration agreement;
(b) appoint an Arbitrator,
(c) stay proceedings
(d) remove an Arbitrator or umpire,
(e) seek injunction against arbitration (or suit pending arbitration)
(f) enforce or set aside an award;
(g) subpoena a witness to attend arbitral proceedings.
(3) The Originating Motion as provided under this Order shall:
(a) state in general terms the grounds of the application;
(b) where the motion is founded on evidence by affidavit, it should be accompanied by a copy of the affidavit intended to be used; and
(c) be supported by a Written Address.
(4) A party applying for enforcement of an Award, shall supply the:
(a) duly authenticated original award or certified copy of the Award;
(b) original arbitration agreement or duly certified copy of same,
(5) A party served with an application under this Order may oppose the application by filing a counter-affidavit supported by a Written Address within fourteen (14) days from the date of service of the application.
(6) The Applicant may file a Reply on Point of Law and or Further Affidavit within Seven (7) days from the date of receiving the counter affidavit or any other process filed by the Respondent.

Enforcement of Award

(1) An Award made by an Arbitrator of a decision reached at the Multi-Door Courthouse may be enforced by leave of a Judge in the same manner as a Judgment or Order of Court.
(2) An application to set aside or remit any Award may be brought at any time within three (3) months after such award has been made and published to the parties.

Provided that a Judge may by Order before or after the expiration of three (3) months on good cause being shown, extend the time allowed by this Rule to set aside or remit an Award.

Report by ADR Judge

Where a cause or matter is not resolved, the ADR Judge shall issue a status report and the matter shall be remitted to the Chief Judge for assignment to a trial Judge.

ORDER 33

Court may adjourn for parties to reach agreement

Where parties before the Court have indicated their desire for an amicable settlement of their disputes, the Court may adjourn the reach an amicable agreement within three (3) months or such longer period as the Judge may allow upon good cause being shown.

Filing of Terms of Settlement

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

Content of Terms of Settlement

The Terms of Settlement shall contain:
(a) the names of the Parties;
(b) the Suit Number and the heading “Terms of Settlement” stating the terms and conditions of the amicable agreement;
(c) the amount of money to be paid and the mode of payment shall be stated clearly, if it is for monetary settlement.

Parties to sign Terms of Settlement.

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

Signing and sealing by representative of corporate body, etc.

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

Terms of Settlement to be entered as Judgment of Court

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

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

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

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

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

Application of party to be served on other party

Every application under rule 8 of this Order shall be filed and an advance copy shall be forwarded to the other party not less than five (5) days before the date fixed for hearing.

ORDER 34

Discovery by interrogatories: Form 19

(1) In any cause or matter, the Claimant or Defendant may deliver Interrogatories a Discovery by provided in Form 19 with such modifications or variations as circumstances may require for the examination of the opposing party
(2) Where such Interrogatories relate to more than one party it shall have a note at the end of it stating which of the Interrogatories each person is required to answer.
(3) Interrogatories shall be delivered within seven (7) days of close of Pleadings and shall form part of the agenda for the Case Management Conference.

Corporation or companies

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

Objection to interrogatories

An objection to answering any of the Interrogatories on the ground that it is scandalous or irrelevant may be taken at the Case Management Conference.

Answer by Affidavit

(1) Interrogatories shall be answered by affidavit as provided in Form 20 with such modifications or variations as circumstances may require.
(2) Two (2) copies of the affidavit shall be filed and supplied to the Registrar within seven (7) days, or such time as the Judge may allow.
(3) Where a process filed under this Order is not accompanied by a document referred to in the process, a Judge may on application strike out such process.

Order to answer or answer further

If any person interrogated omits to answer or answers insufficiently, the Case Management Judge shall on application issue an order requiring him to answer or to answer further as the case may be.

Application for discovery of documents

(1) A party to a proceeding may, serve a written request on any other party to make discovery on oath of the documents relating to any matter in question in the action that are or have been in his possession, custody, or under his power or control.
(2) The request for discovery shall be served within seven (7) days of the close of Pleadings and form part of the agenda of the Case Management Conference.
(3) The party on whom the request is served shall within seven (7) days of the request or such time as the Judge may allow answer on oath completely and truthfully.
(4) Every affidavit in answer to a request for discovery of documents shall be accompanied by office copies of the documents referred to therein.
(5) The affidavit in answer to a request for discovery of documents shall be in Form 21 with such modifications or variations as circumstances may require and specify which, if any, of the listed documents he objects to producing, stating the grounds of his objection.

Processes filed after Case Management Conference

(1) Any process to be filed after the Case Management Conference shall be accompanied by copies of documents referred to in the process.
(2) Where a process filed is not accompanied by the document referred in the process a Judge may on application strike out the process.

Verification of Business Books

(1) Where any document required to be attached to any process or produced under this Order or any other provision of these rules is a Business Book, a Judge may upon application order a copy of any entry in the book to be furnished and verified in an affidavit deposed to by a person in charge of the book or under whose supervision the book is kept.
(2) Notwithstanding that a copy of the Business Book has been supplied, a Judge may order inspection of the book from which the copy was made.
(3) The Judge may upon application, whether or not an affidavit of document has been ordered or filed, make an order requiring any party to state by affidavit –
(a) whether any particular document or class of document is or has at any time been in his possession or custody; or under his power or control,
(b) when he parted with the document and what has become of it.

Attachment of Party after service on Legal Practitioner

An Order for Interrogatories or Discovery or Inspection made against any party, if served on his Legal Practitioner shall be sufficient service to file an application for citation of the party for disobedience of the Order.

Attachment or Citation of Legal Practitioner

10.

A Legal Practitioner upon whom an Order against any party for Interrogatories or Practitioner Discovery or Inspection is served under rule (9), who neglects without reasonable excuse to give notice of the order to his client, shall be liable to committal.

Using answers to interrogatories at Trial

11.

A party may, at the trial of any cause or matter use any one or more of answers or any part of an answer of the opposite party to interrogatories in evidence without putting in the others or the whole of such answer

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

Discovery against Sheriff.

12.

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

Person under Legal disability.

13.

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

ORDER 35

Issues of facts

(1) Issues of facts in dispute in any proceedings shall be defined by each party and filed within 7 days after close of Pleadings.
(2) If the parties differ on the issues, the Case Management Judge may settle the issues.

Reference to Referee

The Judge may at any time order the whole cause or matter or any question or issue of facts arising in the matter to be tried before an Official Referee or Officer of the Court, notwithstanding that it may appear that there is a special or other relief sought or some special issue to be tried, which may require that the cause or matter should proceed in the ordinary manner.

Instructions to Referee

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

General Powers of Referee

The Referee may, subject to the Order of the Judge:
(a) hold the inquiry at or adjourn it to any place and hold any inspection or view which may be deemed expedient for the disposal of the controversy before him; and
(b) So far as practicable, proceed with the inquiry from day to day.

Evidence

(1) Subject to any Order made by the Judge under rule 2 of this Order, evidence shall be taken at any inquiry before a Referee, and the attendance of witnesses to give evidence before a Referee may be enforced by the Judge in the same manner as attendance of such witness may be enforced before the Court.
(2) The inquiry shall be conducted in the same manner or as nearly as circumstances will admit, as trials before a Court.
(3) The Referee shall have the same authority in the conduct of any inquiry as a Judge when presiding at a trial.
(4) Nothing in these rules shall authorize any Referee to commit any person to prison or to enforce any Order by attachment or otherwise; but the Judge may, in respect of matters before a Referee, make such Order of attachment or committal as he may consider necessary.

Reports made in pursuance of reference under order

(1) The Referee shall submit a report of the inquiry held pursuant to a reference under this order to the Judge and a notice of the report shall be served on the parties.
(2) A Referee may by his Report submit any question arising in the report for the decision of the Judge or make a special statement of facts from which the Judge may draw such inferences as he deems fit.
(3) On the receipt of a Referee’s Report, the Judge may:
(a) adopt the Report in whole or in part;
(b) vary the Report;
(c) require an explanation from him;
(d) remit the whole or any part of the question or issue originally referred to him for further consideration by the Referee or any other Referee;
(e) decide the question or issue originally referred to him on the evidence taken before him, either with or without additional evidence.
(4) An application to vary the report or remit the whole or any part of the question or issue originally referred, may be made at the hearing for the further consideration of the cause or matter by the Judge, after giving not less than 4 days’ notice, and any other application with respect to the Report may be made at such hearing without notice.
(5) Where in respect of a reference under this Order a Judge orders that the further consideration of the cause or matter in question shall not stand adjourned until the receipt of the Referee’s Report, the order may contain directions with respect to the proceedings on the receipt of the Report and the above provisions of this Rule shall have effect subject to any such directions.

Special directions as to mode of taking account

(1) The Judge may direct an account to be taken or by any subsequent Order, give special directions with regard to the mode in which the account is to be taken or vouched
(2) Subject to the right of objection by any interested party, the Judge may direct that in taking the account, the books of accounts in which the Accounts in question have been kept shall be taken as prima facie evidence of the truth of the content.

Accounts to be verified by affidavit

(1) Where any Account is directed to be taken, the accounting party shall make out his Account and verify the same by affidavit which must be left in the Registry.
(2) The items on each side of the Account shall be numbered consecutively, and the Account shall be attached to the affidavit as an exhibit.

Mode of vouching accounts

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

Surcharge

10.

Any party seeking to surcharge any accounting party beyond what he has by his Account admitted to have received shall give notice to the accounting party stating so far as he is able, the amount sought to be charged with particulars.

Account directed to betaken

11.

(1) Where any Account is directed to be taken or Inquiries to be made by any Judgment or Order each such direction shall be numbered.
(2) The distinct Account and Inquiry may be designated by a number and such Judgment or Order shall be in Form 22 with such modifications or variations as the circumstances of the case may require.

Just Allowances

12.

In taking any Account pursuant to any Judgment or Order, all just allowances shall be made without any direction for that purpose.

ORDER 36

Special Case by Consent

(1) At the Case Management Conference, parties may concur in stating the questions of law arising in their case in the form of a special case for the opinion of the Judge.
(2) Every such Special Case shall be divided into paragraphs, numbered consecutively and shall concisely state such facts and documents as may be necessary to enable the Court decide the questions.
(3) Upon the argument of the Special Case the Judge and the parties may refer to the contents of such documents and the Judge may draw any inference of facts or law from the facts and documents stated in such Special Case which might have been drawn if proved at a trial.

Special Case by Order before Trial

(1) Ifat the Case Management Conference, it appears to the Judge that there is in any cause or matter a question of law, which could be conveniently decided before any evidence is given or any question or issue of fact is tried, the Judge may make an Order accordingly, and may raise such questions of law or direct the questions to be raised at the trial either by Special Case or in such other manner as the Judge may deem expedient.
(2) Further proceedings in the matter may be stayed as the decision of such question of law render such proceedings unnecessary.

Special Case to be signed

Any Special Case by consent under rule 1 of this Order shall be signed by the parties or their Legal Practitioners and be filed by the Claimant or other party having conduct of the proceedings.

Application to set down where a person under disability is a party

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

Agreements for payment of Money and Costs

(1) The parties to a Special Case may enter into a written agreement which shall not be subject to any stamp duty, that on the Judgment of the Court being given in the affirmative or negative on the questions of law raised by the Special Case, a sum of money fixed by the parties or to be ascertained by the Court or in such manner as the Court may direct, shall be paid by one of the parties to the other party with or without costs.
(2) The Judgment of the Court may be entered for the sum so agreed or ascertained with or without costs, and execution may issue immediately after such Judgment, unless otherwise agreed or stayed on appeal.

Application of Cost

This Order shall apply to every Special Case stated in a cause or matter and in any incidental proceedings.

ORDER 37

List of causes for hearing

(1) The Registrar shall keep a Case Management List which shall consist of actions directed to be set down for Case Management Conference under Order 31 Rule 3.
(2) The Registrar shall also keep a Weekly Cause List of all other actions which are ready for trial or hearing.

Case Management and Weekly Cause List

(1) The Registrar shall on every Friday post a Case Management and Weekly Cause List which shall set out the arrangement of causes before each of the Judges sitting in Court during the following week.
(2) Nothing in this Rule shall preclude the Chief Judge from making special arrangement, whenever necessary or convenient, for the disposal of causes and matters included in the List.

Public holiday

Where any Friday is a public holiday, the Case Management List and Weekly Cause List shall be posted on the day last preceding which is not a public holiday.

Judge unable to sit

On any day when a Judge shall be unable to sit in Court and deal with any cause or matter fixed for hearing, a minute recording the parties present and the step(s) taken by the named Registrar, shall be entered in the Court file.

Notice Boards

Case Management List and Weekly Cause Lists and other such lists shall be posted up on one or more notice boards set up in such place(s) within or near the Court premises as the Chief Judge may designate.

ORDER 38

Order of Proceedings

The order of proceedings at the trial of a cause shall be as prescribed under this Order.

Non-appearance of both parties

When a cause on the Weekly Cause List has been called for hearing and neither party appears, the Judge shall, unless he sees good reason to the contrary, strike the cause out.

Default of appearance by Defendant

Where the Claimant appears when a cause is called for hearing but the Defendant does not appear, the Claimant may prove his claim, so far as the burden of proof lies upon him.

Default of appearance by claimant

Where the Defendant appears when a cause is called for hearing but the Claimant does not appear, the Defendant shall if he has no Counterclaim, be entitled to Judgment dismissing the action, but if he has a Counterclaim, then he may prove such Counterclaim, so far as the burden of proof lies upon him.

Judgment by default may be set aside on terms

(1) Where a cause is struck out under this Order, either party may apply that it be restored on the Cause List on such terms as the Judge may deem fit.
(2) A Judgment obtained upon the non-appearance of any party at the trial may be set aside by the Judge on such terms as he may deem fit.
(3) An application to re-list a cause struck out or to set aside a Judgment shall be made within 7 days after the Order or Judgment has been granted or such extended period as the Judge may allow.

Adjournment of trial

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

Time of commencement and termination of trial.

The Registrar or other designated officer present at any trial or hearing shall make a note of times at which the trial or hearing commences and terminates and the duration of such trial on each day it goes on for communication to the Taxing Officer if required.

Party with burden of proof to begin

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

Documentary evidence

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

Additional witness

10.

(1) A party who desires to call any witness not being a witness whose deposition on oath accompanied his Pleadings shall apply to the Judge for leave to call such witness.
(2) An application for leave in sub-rule (1) above shall be accompanied by the deposition on oath of such witness.

Close of case of parties

11.

(1) A party shall close his case when he has concluded his evidence; however, the Claimant or Defendant may make oral application to have the case of the other party closed.
(2) Notwithstanding the provisions of sub-rule (1) above, the Judge may suo motu where he considers that either party fails to conclude his case within a reasonable time, close the case for the party.

Exhibits during trial

12.

(1) The Registrar shall take charge of every document or object put in as an exhibit during the trial of an action and shall mark or label every exhibit with a letter or letters indicating the party who put in the exhibit or where more convenient mark the witness by whom the exhibit is tendered with a number.
(2) The exhibits put in by a party or proved by a witness are numbered in one consecutive series and the Registrar shall cause a list of all the exhibits in the action to be made.
(3) The list of exhibits when compiled shall form part of the record of the action.
(4) For the purpose of this rule a bundle of documents may be treated and counted as one exhibit.
(5) In this rule a witness by whom an exhibit is proved includes a witness through whom the exhibit is tendered.

Written Address by Party beginning

13.

Where the party beginning has concluded his evidence, the Judge shall ask the other party if he intends to call evidence. If the other party does not intend to call evidence, the party beginning shall within 21 days after close of evidence file a Written Address. Upon being served with the Written Address, the other party shall within 21 days file his own Written Address.

Written Address by the other party

14.

Where the other party calls evidence he shall within 21 days after the close of evidence file a Written Address. Upon being served with the other party’s Written Address, the party beginning shall within 21 days file his own Written Address.

Reply on point of Law.

15.

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

Custody of Exhibit after trial

16.

(1) An exhibit shall not be released to the party who put it in after the trial except by leave of a Judge:
Provided that the exhibit shall not be released unless the:
(a) period during which Notice of Appeal may be given has lapsed without such notice having been given.
(b) exhibit will be kept duly marked and labelled and will be produced, if required, at the hearing of an appeal if any such appeal is lodged, or
(c) release of the exhibit will not in any way prejudice any other party.
(2) After a Notice of Appeal has been filed, an exhibit produced at the trial shall not be released by the High Court unless leave to release such exhibit is granted by the Court of Appeal.

Office copy of list of Exhibits

17.

(1) Any party may apply for and on payment of the prescribed fee obtain an office copy of the list of exhibits.
(2) Where there is an appeal, certified copy of the list of exhibits shall be included in the documents supplied for the purpose of the appeal.

ORDER 39

Party to ensure Diligent Prosecution

All parties and Counsel to the cause or matter shall ensure diligent prosecution of their case.

Indolent Prosecution

A Judge may, at any stage of the proceedings in a matter, upon application or suo motu strike out a matter not being prosecuted diligently.

Abandoned Cause

When a matter is pending in Court, and no proceedings is held or application filed in the case for a period of Six (6) months, the Court shall deem same abandoned and strike out the case.

ORDER 40

Content of a Written Address

(1) A Written Address shall be printed on white opaque A4 size paper and set out in paragraphs numbered serially and shall contain:
(a) the claim or application on which the address is based;
(b) a brief statement of the facts and reference to the exhibits, if any, attached to the application or tendered at the trial:
(c) the issues arising from the evidence;
(d) a succinct statement of argument on each issue incorporating the purport of the authorities referred to together with full citation of each such authority.
(2) The Written Address shall be legible and typed in clear typographic character. The font shall be Arial, Times New Roman or Tahoma of 14 font size with at least 1.5 line spacing between.
(3) Every Written Address, whether in physical or electronic form, which does not comply with the page limit and page size requirement of this order shall not be accepted by the registry for filing.

Summation of address.

(1) All Written Addresses shall be concluded with a numbered summary of the points raised and the party’s prayer.
(2) A list of all authorities referred to shall be submitted with the Address and where any unreported Judgment is relied upon, the Certified True Copy shall be submitted along with the Written Address.
(3) The Written Address is in respect of an application, the Written Address of any party shall not exceed ten (10) pages and the Reply on point of law, if any, with respect thereto shall not exceed three (3) pages except with the leave of Court.
(4) When the Written Address is in respect of a Final Address, the Written Address of any party shall not exceed Twenty(20) pages and a Rely on point of law shall not exceed Ten (10) pages except with the leave of Court.

Oral Argument

(1) Oral argument of not more than twenty minutes shall be allowed for each party.
(2) If any party or Legal Practitioner appearing for him does not appear to present oral arguments, the Written Address will be treated as having been duly adopted.

Copies of Written Address

Each party shall file two copies of his Written Address with the Court and serve a copy on every party.

ORDER 41

Facts how proved

(1) Subject to these rules and to any enactment relating to evidence any fact required to be proved at the trial of any action shall be proved by written deposition and oral examination of witnesses in open Court.
(2) All agreed documents or other exhibits shall be tendered from the bar or by the party where he is not represented by a Legal Practitioner.
(3) Real evidence shall be tendered during the trial.
(4) The oral examination of a witness during his evidence-in-chief shall be limited to confirming his written deposition and tendering in evidence all disputed documents or other exhibits referred to in the deposition, provided that a Judge may allow a witness on subpoena to lead evidence in examination-in-chief without having sworn a written statement in appropriate cases.

Particular facts

(1) A Judge may, at or before the trial of an action, order or direct that evidence of any particular fact be given at the trial in such manner as may be specified by the order or direction.
(2) The power conferred by sub-rule (1) of this Rule extends in particular to ordering or directing that evidence of any particular fact be given at the trial by:
(a) statement on oath of information or belief,
(b) the production of documents or entries in books;
(c) copies of documents or entries in books; or
(d) the production of a specified newspaper which contains a statement of that fact in the case of a fact which is or was a matter of common knowledge either generally or in a particular area.

Limitation of medical and expert evidence

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

Limitation on use of documentary evidence

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

Revocation and variation

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

Examination of witness abroad

Where an order is made for the issuance of a request to examine a witness in any foreign country with which a Convention in that regard has been made, the following procedure shall be adopted.
Form 23
(a) The party obtaining such order shall file in the Registry an undertaking in Form 23 with such variation as may be necessary to meet the circumstances of the particular case in which it is used;
Form 24
(b) Such undertaking shall be accompanied by:
(i) a request in Form 24, with such modification or variation as may be directed in the order for its issue, together with a translation in the language of the Country in which it is to be executed, if not English;
(ii) a copy of the Interrogatories, if any, to accompany the request, with a translation if necessary;
(iii) a copy of the cross-interrogatories, if any, with a translation if necessary.

Form of order for examination of witnesses abroad: Form 25

Where an order is made for the examination of a witness(es) before the Nigerian Diplomatic Agent in any foreign country with which a Convention in that regard has been made, the Order shall be in Form 25, with such modifications or variations as may be necessary to meet the circumstances of the particular case in which it is used.

Order for attendance of person to produce document

The Judge may at any stage of any proceedings order the attendance of any person for the purpose of producing any Writings or other documents named in the order:

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

Disobedience to Order for attendance

Any person who willfully disobeys any order requiring his attendance for the purpose of being examined or producing any document shall be in contempt of Court, and may be dealt with accordingly.

Expenses of persons Ordered to attend

10.

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

Contempt of Court

11.

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

Examination of witnesses

12.

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

Depositions not to be given in evidence without consent or by leave of a Judge

13.

(1) Except where by this Order or otherwise provided or directed by a Judge, no deposition shall be given in evidence at the hearing or trial of the cause or matter without the consent of the party against whom the same may be offered, unless the Judge is satisfied that the deponent is dead or beyond the jurisdiction of the Court or unable, by reason of sickness or other infirmity, to attend the hearing or trial.
(2) The deposition shall be certified under the hand of the person taking the examination and shall be admissible in evidence, without proof of the signature to such certificate subject to such exceptions as the Judge may deem just.

Oaths

14.

Any Officer of the Court or other person directed to take the examination of any witness or person or any person nominated or appointed to take the examination of any witness or person pursuant to the provisions of any Convention made with any foreign country, may administer oaths.

Attendance of witness under subpoena for examination or to produce documents

15.

(1) A party may by subpoena ad testificandum or duces tecum require the attendance of any witness before an Officer of the Court or other person appointed to take the examination, for the purpose of using his evidence for any proceeding in the cause or matter in the same manner, such witness would be bound to attend and be examined at the hearing or trial.
(2) Any party or witness having made an affidavit to be used in any proceeding in the cause or matter shall be bound on being so subpoenaed to attend before such officer or person for cross-examination.

Practice as to taking of evidence at any stage of cause or matter

16.

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

Special directions as to taking of evidence

17.

The practice of the Court with respect to evidence at a trial, subject to any special directions which may be given in any case, apply to evidence to be taken before an officer of the Court or other person in any cause or matter.

Evidence in proceedings subsequent to trial, Evidence Act, 2011

18.

Subject to the provisions of Section 34 of the Evidence Act, 2011 or any subsequent amendment thereto, all evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the same cause or matter.

Form of praecipe of a subpoena: Form 26

19.

(1) Where it is intended to issue Subpoena, a Praecipe for that purpose in Form 26 containing:
(a) the name or firm and the place of business, telephone number and email address of the Legal Practitioner intending to issue the same; and
(b) the name or firm and place of business, telephone number and email address of the Principal Legal Practitioner, where such Legal Practitioner is agent, shall in all cases be delivered and filed at the Registry.
(2) No Subpoena shall be issued unless all Court fees have been paid including fee for service and unless sufficient conduct money on the prescribed scale is deposited to cover the first day’s attendance.

Form of Subpoena: Forms 27, 28 and 29

20.

A Subpoena shall be in one of Forms 27, 28, or 29 with such variations as circumstances may require.

Subpoena for attendance of Witness in Chambers.

21.

Where a Subpoena is required for the attendance of a witness for the purpose of proceedings to be held in Chambers, such Subpoena shall issue from the Registry upon the directive of the Judge.

Correction of errors in Subpoena.

22.

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

Personal service of Subpoena

23.

(1) A Subpoena shall be served personally unless substituted service has been ordered by a Judge in a case where a person persistently evades service.
(2) The provisions of Order 10 and Order 11 shall so far as possible apply to service and proof of service of a Subpoena.

Duration of Subpoena

24.

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

Action to perpetuate testimony

25.

A person may commence an action to perpetuate any testimony which may be material for establishing aright or claim which he cannot bring to trial before the happening of a future event, where such person by the circumstances alleged by him is entitled to any honour, title, dignity or office, or to any estate or interest in any property, real or personal.

Examination of Witnesses to perpetuate Testimony.

26.

A witness shall not be examined to perpetuate his testimony unless an action has been commenced for that purpose.

Such action not to be set down for Trial.

27.

No action to perpetuate the testimony of a witness shall be set down for trial.

ORDER 42

Virtual Hearing of Court Proceeding

The Court may, on application on notice by any of the parties supported by an affidavit stating the grounds for the application, or suo motu, order that proceedings be conducted virtually where it deems fit.

Medium and Access Link for Virtual Hearing

Virtual hearing shall be by means of any audio-visual or video conferencing platform approved by the Court and a link shall be provided to enable the public to observe the virtual proceedings.

Notification of Virtual Hearing

Where the Court adopts virtual hearing for any proceedings, the Registrar shall notify the parties.

Dress Code

The Judge and Counsel appearing in the proceedings shall be fully robed for the virtual hearing.

Rules of Etiquette

All rules and practices on decorum and etiquette during physical hearing shall be observed by Counsel and parties during virtual hearing.

Publication of cases for Virtual Hearing

Cases for virtual hearing shall be stated in the cause list of the Court by the Registrar and shall be posted on the official website and Notice Board (manual or electronic) of the Court, and shall be communicated to the parties either by e-mail or any other electronic means, as the Court may direct.

Directive of Court

It shall be the duty of the Court to give directives on the conduct of virtual hearing in any proceedings which shall be in accordance with any relevant law, the Rules of Court and any Practice Direction made pursuant to these rules.

Practice Direction on Virtual Hearing

The Chief Judge may periodically issue Practice Directions for the regulation of virtual hearing.

ORDER 43

Evidence on motions, etc.

Upon any Motion, Summons or other application, evidence may be given by affidavit, but the Judge may suo motu or on application, order the attendance of the deponent for cross-examination and where, after such an order has been made, the person in question does not attend, his Affidavit shall not be used as evidence save by special leave.

Title of affidavit.

Every Affidavit shall bear the title in the cause or matter in respect of which it is sworn but in every case in which there is more than one Claimant or Defendant, it shall be sufficient to state the full name of the first Claimant or Defendant respectively, and that there are other Claimants or Defendants, as the case may be.

Use of defective Affidavit

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

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 Judge.

No retroactive Affidavit in Ex parte order

Except by leave of the Judge no order granted ex-parte in respect of an application based on any affidavit shall have effect unless the affidavit was made before the order was applied for and produced or filed at the time of making the application.

Notice of intention to use Affidavit

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

Alterations in accounts to be initialed.

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

Exhibits.

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

Certificate of 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.

Application of Evidence Act, 2011

10.

The provisions of sections 107 to 120 of Evidence Act, 2011 and any subsequent amendement thereto which set out provisions governing affidavits shall be applicable under these rules.

Deposition in Deponent’s language

11.

Where in these rules, depositions and affidavits are required to be made and the Deponent does not understand English Language, such deposition or affidavit shall be in a language the Deponent understands but must be accompanied by an interpretation of the deposition in English language. Save that a deposition or affidavit made in English Language but with a jurat and shown to have been so written or prepared by a Legal Practitioner for and at the instance of a Deponent may be exempted.

ORDER 44

Power of Court to non-suit

Where satisfactory evidence entitling the Claimant or Defendant to Judgment is not given, the Judge may suo motu or on application non-suit the Claimant, but the parties’ Legal practitioners shall have the right to make submissions about the propriety or otherwise of making such Order.

Non-suit where no leave reserved

The Judge may upon a motion for a new trial or review of Judgment, order a non-suit or judgment to be entered, although no leave has been reserved at the trial.

ORDER 45

Delivery of judgment at or after trial

The Judge shall, at the Case Management Conference or after trial, deliver Judgment in open Court, and shall direct Judgment to be entered.

Judgment to be dated the day pronounced in Court

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

Date of judgment directed to be entered.

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

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

Judge may direct time for payment or performance and interest

The Judge may at the time of making any Judgment or order or at any time afterwards, direct the time within which the payment is to be made or other act is to be reckoned, from the date of the Judgment or Order, or some other date or time, as the Judge deems fit and may order interest at a rate not less than 20% per annum to be paid upon any Judgment.

Time to be stated for doing any act, Memorandum to be indorsed

(1) Every Judgment or order made in any cause or matter requiring any person to do an act shall state the time or the time after service of the Judgment or order, within which the act is to be done.

Memorandum to be indorsed

(2) There shall be indorsed on the Judgment or Order, a Memorandum by the Registrar in the following words, and same shall be served upon the person required to obey the Judgment or Order viz:
“If you, the within named A.B, neglect to obey this Judgment (or Order) by the time therein limited, you will be liable to the process of execution for the purpose of compelling you to obey the said Judgment (or Order)”

Judgment by consent where Defendant appears by a Legal Practitioner.

In any cause or matter where the Defendant has appeared by Legal Practitioner, no Order for entering judgment shall be made by consent unless the consent of the Defendant is given by his Legal Practitioner.

Judgment by consent where Defendant has no Legal Practitioner

Where the Defendant has no Legal Practitioner, such Order shall not be made unless the Defendant gives his consent in person or through his agent in open Court.

Certificate of Judgment

A certificate of Judgment delivered by the Judge, and directed to be entered as in Form 48 may be issued by the Registrar of the Court upon the application of either party to a suit and payment of the prescribed fees.

ORDER 46

Date of Order, when drawn

Every order shall bear the date on which it was made and shall take effect accordingly unless the Judge otherwise direct.

Orders that need not be drawn up

(1) Where an Order has been made not embodying any special terms, nor including any special directions, but simply enlarging time for taking any proceeding or doing any act or giving leave for –
(a) the issuance of any Writ other than a writ of attachment:
(b) the amendment of any Writ or Pleading;
(c) the filing of any document; or
(d) for any act to be done by any Officer of the Court other than a Legal Practitioner, it shall not be necessary to draw up such Order unless the Judge otherwise directs but the production of a note or Memorandum of such Order signed by a Judge shall be sufficient authority for such enlargement of time, issuance, amendment, filing or other act.
(2) A direction that the costs of such Order shall be costs in any cause or matter shall not be deemed to be a special direction within the meaning of this Rule.

Form of Order

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

ORDER 47

Order transferring proceedings to High Court.

TRANSFERS

(1) The Chief Judge may, in exercise of powers conferred under any enactment order the transfer of any action or matter from a Lower Court to the High Court.
(2) The Order shall be duly certified by the Registrar and immediately forwarded to the Registrar of the Lower Court.
(3) The Registrar of the Lower Court shall immediately transmit the documents referred to in the relevant law and processes or relevant documents to the High Court.

Payment of filing fees

(1) Upon receipt of the relevant documents and processes, the Registrar shall notify the party who applied for the transfer, or the Claimant, where the order of transfer was not made on the application of any party.
(2) Without prejudice to the question of how costs shall ultimately be borne, the Claimant or such other party upon whose application the order for transfer was made shall, pay the fees for filing the processes and other documents.
(3) The notification under sub-rule (1) of this Rule shall be effected by serving a notice personally on the party concerned.

Duties of Registrar

(1) The Registrar shall within seven (7) days of payment of the prescribed fees –
(a) file the documents received from the Lower Court;
(b) make an entry of the filing in the Cause Book; and
(c) transmit the documents to the Chief Judge or such other Judge appointed by the Chief Judge
(2) The Registrar shall after transmitting the documents notify parties to attend in person or by Counsel before a named Judge on the day and at the time specified in the notice.
(3) The fees for the service of this notice shall be borne in the first instance by the party who paid the fees for filing as provided by Rule 2 of this Order.

Directions

(1) The Chief Judge or any Judge appointed by him shall, not later than fourteen (14) days after receiving the documents referred to in Rule 3 of this Order:
(a) hear the parties or their Legal Practitioners;
(b) take cognizance of the documents; and
(c) give directions for the trial or hearing of the action or matter.
(2) Directions given under this Rule may include directions for the filing and service of Pleadings.

Party failing to attend

(1) If the Claimant fails to attend in compliance with a notice given under Rule 3 of this Order, the Judge shall record his default and may, suo motu or on application by the Defendant, dismiss the action or make such other Order on such terms as he deems just.
(2) If the Defendant fails or all of several Defendants fail to attend in compliance with a notice given under Rule 3, the Claimant may enter judgment with costs or obtain the Order prayed for in the transferred proceedings.

Construction

In the preceding rule of this Order, reference to the Claimant and the Defendant shall, in relation to proceedings commenced otherwise than by Writ, be construed as reference to the Applicant and the Respondent.

Consolidation of actions

CONSOLIDATION

(1) The Judge may on application consolidate several actions pending before him where it appears that the issues in all the actions are the same and may be properly tried and determined at the same time.
(2) Where actions are pending before different Judges, a party desiring consolidation shall apply to the Chief Judge for transfer of the matter to a Judge before whom any of the matter is pending.
(3) An order to consolidate maybe made where more than one action is pending between:
(a) the same Claimant and Defendant; or
(b) the same Claimant and different Defendants; or
(c) different Claimants and the same Defendant; or
(d) different Claimants and different Defendants:
Provided that where the same Claimant brings actions against different Defendants, the actions will not be consolidated without the consent of all parties unless the issues to be tried are identical.
(4) Where an Order for consolidation has been made, it shall be drawn up at the expense of the party who applied for consolidation and shall be recorded in the Cause Book.

ORDER 48

Preservation or interim custody of subject matter of disputed contract

(1) Where by any contract a prima facie case of liability is established and there is alleged as a matter of defence a right to be relieved wholly or partially from such liability, a Judge may make an order for the preservation or interim custody of the subject-matter of the litigation or may order that the amount in dispute be brought into Court or otherwise secured.
(2) An application for an order under sub-rule (1) may be made by the Claimant at any time after asserting the right by his pleadings.

Early trial of Cause

Upon an application for an injunction or other order before trial, the Judge may, before or at the hearing of such application, make an order for trial or such order as the justice of the case may require if it appears that the issues in controversy can be most conveniently dealt with by an early trial, without first going into the whole merits on affidavit or other evidence for the purpose of the application.

Order for sale of perishable goods, etc

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

Detention, preservation or inspection of property, the subject of an action; Inspection by Judge.

(1) A Judge may upon the application of a party to an action and subject to such terms as may be just:
(a) make an order for the detention, preservation or inspection of any property or thing, being the subject of such action or in respect of which questions may arise in the action;
(b) authorize any person to enter upon or into any land or building in the possession of any party to such action or
(c) authorise any sample to be taken or any observation to be made or experiment to be carried out, which may be necessary or expedient for the purpose of obtaining full information or evidence
(2) Where it appears, after granting an order for the inspection of any property or thing under this Rule, whether the application for such inspection was brought before or after Pleading has been filed; that the inspection was requested in writing by the Applicant but was not permitted, the Judge shall, unless he is satisfied that the failure or refusal of the Respondent to permit the inspection in the circumstance was reasonable, order that cost be paid to the Applicant immediately, except where the Respondent is a “Poor Person”.
(3) The trial Judge may inspect any property or thing in respect of which any question may arise in the matter.

Sale of property in possession of Court

(1) Where any property has remained in possession of the Court for a period of twelve (12) months, same having being in the Court’s possession before or after judgment, a Judge may suo motu make an Order for the sale of that property and the proceeds of the sale shall be paid into an interest yielding account in a Commercial Bank as may be directed by the Judge for the benefit of the person that succeeds at the trial or on appeal.
(2) The money paid after disposal of any goods or chattels shall be withdrawn from the Bank by the successful party who shall present to the Chief Registrar a certified true copy of the enrolment of the judgment.

Order for recovery of specific property other than land subject to lien, etc.

Where an action or Counter-claim is filed to recover specific property and the party from whom such recovery is sought does not dispute title but claims to retain by virtue of a lien or otherwise as security for any sum of money, the Judge may at the Case Management Conference order that the property claimed be given up to the party claiming it where such party agrees to pay into Court, the amount of money in respect of which the lien or security is claimed and such further sum, if any, for interest and costs as the Judge may direct.

Allowance from income of property pendente rite.

Where the Judge is satisfied that any real or personal estate or property being the subject matter of any proceeding, will be more than sufficient to Answer all the claims in respect such property regarding the proceedings, the Judge may at any time after the commencement of the proceedings, allow any party interested in the property or estate the whole or part of the annual income on the real estate or a part of the personal estate or property; or the whole or part of the income in respect of the property or estate, up to such time as the Judge shall direct.

Injunction against repetition of wrongful act or for breach of contract

The Judge may in any action or matter in which an injunction has been or might have been claimed grant an injunction, upon an application by the Claimant and such terms as may be just, to restrain the Defendant or Respondent from the repetition or continuance of the wrongful act or breach of contract complained of or from the commission of any injury relating to the same property or right.

Appointment of a Receiver by way of equitable execution

In every case in which an application is made for the appointment of a Receiver by way of equitable execution, the Judge, shall in determining whether it is just or convenient that such appointment be made, have regard to and may direct inquiries on the following or other matters:
(a) amount of the debt claimed by the Applicant,
(b) amount which may probably be obtained by the Receiver and probable costs of his appointment.

Receivers’ Security and Remuneration

10.

(1) Where an Order is made directing a Receiver to be appointed, the person to be appointed shall unless otherwise ordered –
(a) give security, as may be approved by the Judge to duly account for what he shall receive as such Receiver, and to pay the same as the Judge shall direct; and
(b) be allowed a proper salary or allowance.
(2) The security shall be –
(a) by Guarantee or by an Undertaking as prescribe in Forms 30 and 31 with such variations as circumstances may require; and
(b) filed in the Registry and form part of the record of proceedings until it has been duly vacated.

Where Receiver appointed in Court: Adjournment to give Security

11.

Where an Order or Judgment has been granted appointing a person as a Receiver in the course of any proceeding, the Court may adjourn the proceedings to allow the person named in the Order as Receiver to give security as provided under Rule 10 of this Order and may direct such Judgment or Order to be drawn up.

Fixing days for Receivers to leave and pass their accounts and pay in balances and neglect of Receiver

12.

(1) When a Receiver is appointed with a direction that he shall pass accounts, he shall leave and pass such accounts quarterly or within a shorter period.
(2) The days when the Receiver shall leave and pass accounts or pay the balances appearing due on the accounts so left, or such part of them as shall be certified as proper to be paid by him shall be fixed by the Judge
(3) Where any Receiver neglects to leave and pass accounts or pay the balances at the times fixed for that purpose, the Judge may when his subsequent accounts are produced to be examined and passed disallow the salary claimed by such Receiver and also charge him with interest at a rate not exceeding twenty-five percent (25%) per annum upon the balances so neglected to be paid by him during the time the same appears to have remained in his hands.

Receivers’ accounts: Form 32

13.

Receivers’ Accounts shall be in Form 32 with such variations as circumstances may require.

Delivery of account to the Registry: Form 33

14.

(1) A Receiver shall deliver his account together with an affidavit verifying the same in Form 33 with such variations as circumstances may require, to the Registrar.
(2) Upon delivering the account to the Registrar, the Claimant or person having conduct of the action shall obtain an appointment for the purpose of passing such Account.

Consequences of default by a Receiver

15.

(1) Where Receiver fails to deliver any account or affidavit or to pass such account or to otherwise make any payment, the Receiver or the parties may be required to show cause why such account was not passed or such payment was not made or any other proper proceeding taken.
(2) The Judge shall after the parties or the Receiver have shown cause give such directions as may be proper; including the discharge of any Receiver or appointment of another receiver and payment of costs.

Passing of Guardians’ accounts.

16.

The accounts of Guardians shall be passed and verified in accordance with the provisions of this Order.

ORDER 49

Application by motion

(1) Where by these Rules any application is authorised to be made to a Judge, such application shall be made by Motion which may be supported by an affidavit and shall state the Rule of Court or Law under which the application is brought. Every motion shall be served within 5 days of filing
(2) Where the other party intends to oppose the application, he shall within 5 days of the service on him of such application, file his counter affidavit.
(3) Upon receipt of the counter affidavit, the applicant shall file a Written Address and further affidavit if necessary to be served on the opposing party within 5 days
(4) The opposition party shall then file and serve his Written Address not later than 7 days on receipt of the applicant’s Written Address and further affidavit, if any
(5) The Respondent shall file and serve his Written Address not later than 7 days thereof.

Restriction on rule nisi and Order to show cause

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

When notice of motion should be given

1) Except where an application ex-parte is required or permitted under any Law or Rules, every motion shall be on notice to the other party.
(2) No application for an injunction shall be made Ex-parte unless the Applicant files with it a Motion on Notice in respect of the application.
(3) An order of injunction made upon an application Ex-parte shall abate after 7 days.
(4) A Judge may upon application extend the effective period of an order made Ex parte if he is satisfied that the Motion on Notice has been served and that such extension is necessary in the interest of justice or to prevent an irreparable or serious mischief. The application for such an extension shall be made before abatement of the order and the extension shall not be for a period exceeding 7 days from the day the extension is granted.

Motion on arbitral award

(1) Every Motion on Notice to set aside, remit or enforce an arbitral Award shall state in general terms the grounds of the application and where any such motion is founded on evidence by affidavit, a copy of any affidavit intended to be used shall be served with the notice of motion.
(2) The party relying on an award, on applying for its enforcement, shall supply:
(a) the duly authenticated original Award or a duly certified copy thereof,
(b) the original arbitration agreement or a duly certified copy thereof.
(3) An Award made by an Arbitrator or a decision reached at the Multi-D0or Courthouse may by leave of a Judge be enforced in the same manner as a Judgment or Order of Court.
(4) An application to set aside or remit any Award may be made at any time within 6 weeks after such Award has been made, and published to the parties:

Provided that a Judge may by order extend the said time either before or after the same has elapsed.

Special leave

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

Motions may be struck out or adjourned where necessary notice not given

If on the hearing of a Motion or other application, the Judge shall be of the opinion that any person to whom notice has been given ought to have had such notice, the judge may either dismiss the Motion or application or adjourn the hearing thereof, in order that such notice be given upon such terms, if any, as the Judge may deem fit to imposed.

Adjournment of hearing

The hearing of any Motion or application may from time to time be adjourned upon such terms, as the Judge may deem fit.

Service of motion with Writ

A Claimant may file any application along with an Originating Process and may serve both on any Defendant simultaneously.

Account by Legal Practitioner

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

Interim certificate

10.

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

ORDER 50

Cases appropriate for judicial review

(1) An application for an:
(a) Order of mandamus, prohibition or certiorari; or
(b) injunction restraining a person from acting in any office in which he is not entitled to act; shall be made by way of an application for judicial review in accordance with the provisions of this Order.
(2) An application for a declaration or an injunction not being an injunction under sub rule (1) of this Rule may be made by way of an application for judicial review and the court may grant the declaration or injunction by way of judicial review as may be deemed just and convenient having regards to:
(a) the nature of the matter in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari;
(b) the nature of the persons and bodies against whom relief may be granted by way of such an order;
(c) all the circumstances of the case.

Joinder of claims for relief

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

Grant of leave to apply for judicial review

(1) No application for judicial review shall be made unless the leave of the Court has been obtained in accordance with this Rule.
(2) An application for leave shall be made ex-parte to the Judge and shall be supported by:
(a) a Statement setting out the name and description of the Applicant, the reliefs sought and the grounds on which they are sought;
(b) an affidavit verifying the facts relied on; and
(c) a Written Address in support of application for leave.
(3) The Judge upon hearing an application for leave may allow the Applicant’s Statement to be amended, whether by specifying different or additional grounds of relief or otherwise, on such terms, if any, as may be deemed fit.
(4) The Judge shall not grant leave unless he considers that the Applicant has sufficient interest in the matter to which the application relates.
(5) Where leave is sought to apply for an order of certiorari to remove for the purpose of its being quashed any judgment, Order, Conviction or other proceedings which is subject to appeal and a time is limited for bringing the appeal, the Judge may adjourn the application for leave until the appeal is determined or the time for appealing has expired.
(6) Where leave to apply for judicial review is granted:
(a) for an order of prohibition or certiorari and the Judge so directs the grant shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Judge otherwise orders;
(b) for any other relief the Judge may at any time in the proceedings grant such interim relief as could be granted in an action commenced by Writ;
(c) the Judge may impose such terms as to costs and as to giving security as he deems fit.

Time within which to bring application

An application for judicial review shall be brought within three (3) months from the date of occurrence of the subject of the application.

Mode of application

(1) When leave has been granted, the application for judicial review shall be made by Motion or by Originating Summons.
(2) The Notice of Motion or Summons, shall be served on all persons directly affected and where it relates to any proceedings before a Judge and the object of the application is either to compel the Judge or an Officer of the Court to do any act in relation to the proceedings, or to quash such acts or any order made in the proceedings, the Notice or Summons shall be served on the Clerk or Registrar of the court and on the Judge where any objection to the conduct of the Judge is to be made.
(3) Unless the Judge granting leave otherwise directs, there shall be at least seven (7) days between the service of the Notice of Motion or Summons and the day named for hearing of the application.
(4) A Motion shall be entered for hearing within fourteen (14) days after the grant of leave.
(5) An affidavit giving the names, addresses; the place and dates of service on all persons who have been served with the Notice of Motion or Summons shall be filed before the Motion or Summons is entered for hearing.
(6) If any person who ought to be served under this Rule has not been served, the Affidavit shall state the reason for the non-service and the Affidavit shall be before the Judge at the hearing of the Motion or Summons.
(7) If at the hearing of the Motion or Summons the Judge is of the opinion that any person who ought, to have been served under this Rule or otherwise, has not been served, he may adjourn the hearing on such terms, as he may direct to allow the Notice or Summons to be served on such person.

Statements and Affidavits

(1) Copies of the Statement in support of an application for leave under Rule 3 shall be served with the Notice of Motion or Summons and subject to sub-rule (2) of this Rule, no grounds shall be relied upon or any relief sought at the hearing except the grounds and relief set out in the Statement.
(2) The Judge may on the hearing of the Motion or Summons allow –
(a) the Applicant to amend his Statement by specifying additional grounds or reliefs, or otherwise modifying the existing grounds or reliefs or as he deems fit.
(b) Further Affidavits to be used where such Affidavits deal with new matters arising out of an Affidavit of any other party to the application.
(3) An Applicant who intends to amend his Statement or to use further Affidavits shall give notice of his intention and of any proposed amendment to the other party.
(4) A party to the application shall supply to the other party a copy of each affidavit intended to be used at the hearing including, in the case of the Applicant, the Affidavit in support of the application for leave under rule 3.

Claim for damages

On an application for judicial review the Judge may, subject to rule 2, award damages to the Applicant if:
(a) the Applicant has included in the Statement in support of his application for leave under rule 2 a claim for damages arising from any matter to which the application relates and
(b) he is satisfied that if the claim had been made in an action commenced by the Applicant at the time of making his application, he could have been awarded damages.

Interlocutory application

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

Hearing of application for judicial review

(1) On the hearing of any Motion or Summons under rule 5, any person who desires to be heard on the Motion or Summons, and appears to the Judge to be a proper person to be heard, shall be heard notwithstanding that he has not been served with Notice of the Motion or the Summons.

(2) Where the relief sought is or includes an order of certiorari to remove any proceedings for the purpose of quashing such proceedings, the Applicant may not question the validity of any Order, Warrant, Commitment, Conviction, Inquisition or Record, unless before the hearing of the Motion or Summons he:

(a) has filed a copy of same verified by Affidavit or
(b) accounts for his failure to do so to the satisfaction of the Judge hearing the Motion or Summons.

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

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

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

Person acting in obedience to an Order of mandamus

10.

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

Consolidation of Applications

11.

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

ORDER 51

Chief Registrar

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

Business to be transacted by Chief Registrar

The Chief Registrar may transact all such business and exercise all such authority and jurisdiction as may be transacted or exercised by a Judge in respect of the following matters:
(a) applications for:
(i) the taxation and delivery of bills of Costs and
(ii) the delivery by any Legal Practitioner of deeds, documents and papers;
(b) the taking of an account in any case where a Judge has ordered that the account be taken by the Chief Registrar;
(c) the taxation of bills of costs;
(d) applications leading to the issue of the grant of probate of the Wills or Letters of Administration of the Estates of deceased persons.

Chief Registrar may refer matter to the Chief Judge

(1) If it appears to the Chief Registrar that it is proper that any matter be referred for the decision of a Judge, he may refer such matter to the Chief Judge or the Judge who referred the matter to the Chief Registrar.
(2) The Chief Judge or the Judge may either dispose of the matter or refer the same back to the Chief Registrar with such directions as he may deem fit.

Appeal from order of Chief Registrar

(1) Any person affected by an order or decision of the Chief Registrar in the exercise of the jurisdiction conferred upon him by this Order may appeal to a Judge.
(2) Such appeal shall be by notice in writing, without a fresh summons to appear before the Judge within five (5) days after the decision complained of or such further time as may be allowed by the Judge.
(3) Unless otherwise ordered by the Judge-
(a) there shall be at least two (2) clear days between service of the Notice of Appeal and the day of hearing;
(b) an appeal from the decision of the Chief Registrar shall not operate as a stay of proceedings.

Chief Registrar’s List

The List of matters to be heard by the Chief Registrar shall be made out and published by being posted on the Court’s notice boards.

Legal Practitioner may represent Party

In any proceeding before the Chief Registrar under this Order, a Legal Practitioner may represent any party.

Chief Registrar’s Certificate.

CHIEF REGISTRAR’S CERTIFICATE

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

Reference to Judgment, etc.

The certificate of the Chief Registrar regarding accounts and inquiries shall not set out the judgment, order or any documents evidence or reasons unless the circumstances of the case render it necessary, but shall refer to the Judgment or Order, documents and evidence or particular paragraphs of same as basis for the contents of the certificate.

Form and contents of certificate in cases of accounts and inquiries: Form 34

(1) In case of Accounts and Inquiries, the certificate of the Chief Registrar shall be in Form 34 with such variations as the circumstances may require and:
(a) state the result of the account and not set same out by way of schedule;
(b) refer to the account verified by the affidavit filed;
(c) specify which of the items have been disallowed or caried by the numbers attached to the terms in the account
(d) state what additions if any, have been made by way of surcharge or otherwise;
(e) refer to transcript of an altered account, where the account verified by the affidavit has been altered and a fair transcript of the account so altered is necessary or has been made by the party prosecuting the Judgment or Order
(2) The accounts and transcripts, referred to by certificate, if any, shall be filed together.

When certificate becomes binding

10.

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

Taxing of Bill of Costs

11.

When taxing a Bill of Costs, the Chief Registrar shall insert in red ink against every item disallowed, reduced or altered by him, the substance of the modification made by him and at the bottom of the Bill of Costs, he shall certify the net result of the taxation. The Bill of Costs shall then be transmitted by the Chief Registrar to the Registry for filing and the provisions of rule 10 of this Order shall apply in respect of such certificate.

Discharge or variation of certificate after lapse of any time

12.

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

ORDER 52

Application: How made

I – Habeas Corpus

An application for an Order of Habeas Corpus Ad Subjiciendum shall be made to the Court, except that:
(a) during vacation or at any time when no Judge is sitting in Court it may be made to a Judge sitting otherwise than in Court;
(b) in cases where the application is made on behalf of a child, it shall be made in first instance to a Judge sitting in otherwise than in Court.

Affidavit to accompany Ex parte application

(1) The application may be made Ex-parte and shall be accompanied by an Affidavit setting out the nature of the restraint and deposed to by the person restrained showing that it is made at his instance.
(2) Where the person restrained is unable to depose to the affidavit, the application shall be accompanied by an affidavit to the like effect made by some other person which shall state that the person restrained is unable to make the Affidavit himself.

Power to issue order of release immediately

(1) A Judge to whom the application is made may make the Order forthwith
(2) Where the application is made to a Judge sitting otherwise than in Court, he may direct the Order to issue or that an application be made by Notice of Motion to the Judge or to any other Judge.
(3) A Judge to whom the application is made may adjourn it so that notice thereof may be given to the person or authority holding the person restrained in custody.
(4) Where the person detained is produced before a Judge, he may discharge him immediately with or without conditions.

Service of Notice

(1) The Summons or Notice of Motion aforesaid shall be served on the person against whom the Order is sought and on such other persons as the Judge may direct.
(2) Unless the Judge otherwise directs, there shall be at least two (2) clear days between the service of the Notice and the date named for the hearing of the application.

Copies of Affidavit

A party to the application shall supply to the other party or parties copies of affidavit which he proposes to use at the hearing of the application.

Service of Order to Release

(1) The Order or Notice of Motion may be served personally or by courier on the person or authority confining or restraining the person or on any other public official and copies of the Order or Motion may be served in like manner on each person connected with or having authority over the place of confinement or restraint
(2) The order shall state the date on which the person restrained is to be brought before a Judge and that in default of obedience, contempt proceedings may be initiated against such person.

Statement and Verifying Affidavit

Upon service of the Order or Notice of Motion on the person confining or restraining the prison restrained, he shall within 2 days file a statement which shall be verified by an affidavit deposed to by such person or authority stating the reasons for the detention, the period of the detention and any other matter that as may be directed by the Judge.

Procedure at hearing

(1) Where the prison is brought up in accordance with this Order, his Legal Practitioner shall be heard first; before the Legal Practitioner for the State and then the Legal Practitioner for the person restrained in Reply.
(2) Where the prisoner is not brought in accordance with the Order, a Judge may upon the application of his Legal Practitioner order that he be discharge or make any other Order.

Procedure on disobedience of Court Order

Contempt Proceeding for disobedience

(1) The procedure in applications for contempt of Court in case to which the applies shall be the same as for application for an Order for Judicial Review under Order 49 so far as may be applicable.
(2) The Notice of Motion shall be personally served unless the Judge dispenses with such service.
(3) This Rule shall applies to case where the contempt is committed:
(a) in connection with proceedings to which this Order relates;
(b) in connection with criminal proceedings;
(c) subject to the provisions of the Sheriff and Civil Process Act, in any High Court proceedings or where the contempt consists of disobedience to an Order of the Court;
(d) in connection with the proceedings in an inferior Court:

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

Procedure on Disobedience of Court

10.

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

Notice of Consequence of Disobedience to Court Order

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

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

…………………….
Registrar

Response

11.

Upon service of the application for committal issued in a case to which rule 9 of this Order applies, the Respondent shall before the return date stated in the application file, a statement stating the reasons why an Order for attachment should not be issued. The statement shall be verified by an affidavit deposed to by the Respondent.

Return

12.

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

ORDER 53

When relief by inter-pleader is granted

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

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

Interpleader summons

An Applicant seeking relief by way of interpleader shall file an Interpleader Summons supported by an Affidavit inviting the Claimants to:
(a) appear, state the nature and particulars of their claims, and
(b) maintain or relinquish the claims.

Matter to be proved by application

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

Adverse titles of Claimants

The Applicant shall not be disentitled to relief by reason only that the title alleged by the Claimants are adverse to and independent of one another.

When application to be made by a Defendant

Where the Applicant is a Defendant, application for relief may be made at any time after service of the Originating Process.

Stay of Action

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

Order upon Summons

If the Claimants appear to the Summons, the Judge may order either that any Claimant be made a Defendant in an 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 Claimant and which is to be Defendant.

Questions of law

(1) Where the question is a question of law and the facts are not in dispute, the Judge may either decide the questions without directing the trial of an issue or order that a special case be stated for the opinion of the Judge.
(2) If a special case is stated, the provisions of Order 36 shall as far as practicable apply.

Failure of Claimant to appear, or neglect to obey Summons

If a Claimant, having been duly served with a Summons inviting him to appear and maintain or relinquish his claim, fails to appear or having appeared neglects or refuses to comply with any order made after his appearance, the Judge may make an Order declaring him and all persons claiming under him, perpetually barred against the Applicant and persons claiming under the Claimants but the order shall not affect the rights of the Claimants as between themselves.

Orders as to Cost, etc

10.

The Judge may, in any interpleader proceeding, make Orders as to costs and for such other matters as may be just.

ORDER 54

Rules for computation of time

Where by any Law or Order made by a Judge, a time is appointed or limited for the doing of any act, the period shall be reckoned:
(a) by excluding the day on which the Order is made or on which the event occurs;
(b) where the last day of the period is a holiday, the time shall continue until the end of the next day following which is not a public holiday;
(c) where the act is required to be done within a period which does not exceed 6 (six)) days, Saturdays and holidays shall be left out of account in computing the period.

Holiday

In this Order, holiday means a day which is a Sunday or a Public holiday.

Time of Service

(1) No Pleading, Summon, Motion, Order, Originating Process, document and other processes shall be served before 6.00a.m. or after 6.00p.m.
(2) Service effected after 6.00p.m. shall be deemed to have been effected the following day, provided that service effected after 6.00p.m. on Saturday shall be deemed to have been effected on the following Monday.

Court may extend time

The Judge may, as often as he deems fit, and either before or after the expiration of the time appointed by these Rules or by any judgment or order of the Court, extend or adjourn the time for doing any act or taking any proceeding:

Provided that any party who defaults in performing an act within the time authorized by the Judge or under these rules, shall pay to the Court an additional fee of N500.00 (Five Hundred Naira) for each day of such default at the time of compliance.

ORDER 55

Days of sittings

Court Sittings and Vacation

Subject to the provision of the High Court Law, the Judge may, in his discretion, appoint any day(s) and place(s) from time to time for the hearing of actions as circumstances require.

Public or private sittings of the Court

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

Office hours

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

Days of sittings and long vacation

Subject to the directions of the Chief Judge, sittings of the High Court for the dispatch of civil matters shall be held on every week day except:
(a) on any public holidays;
(b) during the week beginning with Easter Monday;
(c) during the period beginning three (3) days before Christmas and ending on the 5th January next following
(d) during the period of five (5) days beginning on the eve of Eid-el-fitr and Eid-el-Kabir respectively.

Annual Vacation

During the long vacation, that is, the period beginning by the middle of July and ending on a date not more than six (6) weeks as the Chief Judge may by notification in the Public Notice appoint.

(1) Notwithstanding the provisions of Rule 4, any cause or matter may be heard by a Judge during any of the periods mentioned in paragraphs (b), (c) or (d) of Rule 4 except on a Sunday or public holiday, where such cause or matter is urgent or a Judge, at the request of all the parties concerned, agrees to hear a cause or matter.
(2) An application for an urgent hearing shall be made by motion ex-parte and the decision of the Judge on such an application shall be final.

Vacation not reckoned in time for pleadings

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

Recovery of penalties and costs

II General

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

Publication of Notice

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

Filing of Documents

10.

(1) A document shall not be filed unless it has indorsed on it the:
(a) name and number of the cause,
(b) date and party filing (as Claimant or Defendant).
(2) On being filed such indorsement shall be initialed by the Registrar and recorded in the Process Register.

How process addressed

11.

All Warrants and Orders of whatever description shall be sufficiently addressed for execution by being directed to the Sheriff; but this provision shall not prevent any Order or Warrant from being addressed to a person by name or to a person named and to Officers of Court generally or to a Local Government Authority.

No fees where proceedings by Government Department

12.

No fees are to be taken in respect of any proceedings where such fees would be payable by any Government Department.
Provided however that when any person is ordered to pay the costs of the State or of any Government Department in any case, whether criminal or civil, all fees which would have been payable but for the provisions of this Rule shall be taken as paid and shall be recoverable from such person.

Duty of a Judge to ensure professionalism of Court Staff

13.

A Judge shall take concrete and identifiable steps towards improving the efficiency of the Registrars, Bailiffs and Staff attached to his Court whose activities the judge shall review periodically and any allegation by any Lawyer or person of any unprofessional or unethical practice(s) against any Court Staff shall be investigated by the Judge who shall report same to the Chief Judge for disciplinary action as as may be appropriate.

Regulation

14.

The Regulations regarding fees payable for filing or doing any act or performing any duty prescribed by these Rules shall be by Practice Direction(s) to be issued periodically by the Chief Judge.

Savings

15.

Where no provision is made by these rules or by any other written Law, the Court shall adopt such procedure as will in its view do substantial justice between the parties concerned.

ORDER 56

Application

The following rules shall apply to proceedings under Section 31, High Court of Oyo State Law.

Defendant leaving Nigeria

If in any action the Defendant is about to leave Nigeria, the Claimant may at or after the institution of the suit until final Judgment apply to the Judge by a Motion Ex parte Order directing the Defendant to show cause why security should not be taken for his appearance to answer and satisfy any Judgment that may be passed against him in the suit.

Warrant to arrest

(1) If the Judge after making such investigation as he may consider necessary is of the opinion that there is probable cause for believing that the Defendant is about to leave Nigeria and that the execution of any Judgment which may be made against him is likely to be obstructed or delayed by reason of such exit, the Judge shall issue a Warrant to bring the Defendant before him to show cause why he should not give good and sufficient bail for his appearance.
(2) The Defendant shall be brought to Court within 2 (two) days of the execution of the Warrant.

Security for appearance or satisfaction

(1) If the Defendant fails to show cause, the Judge shall order him to give security for his appearance at any time when called upon while the suit is pending and until execution or satisfaction of any Judgment that may be given against him in the suit; or the satisfaction of such Judgment.
(2) The surety shall undertake in default of such appearance or satisfaction to pay any sum of money that may be adjudged against the Defendant in the suit with costs.

Deposit in lieu of security for appearance

(1) Where a Defendant offers to deposit a sum of money sufficient to answer the claim against him, with costs of the suit in lieu of security for his appearance, the Judge may accept such deposit and direct that the deposit be paid into an interest yielding account in a bank.
(2) Where a Defendant offers security sufficient to answer the claim against him for his appearance other than money, the Judge may accept the security and make such order as he may deem fit in the circumstance.

Committal in default

(1) If the Defendant fails to furnish security or offer a sufficient deposit, the Judge may commit him into custody until the determination of the suit or if Judgment has been given against the Defendant, until the execution of the Judgment.
(2) Committal to custody under this Rule shall not exceed a period of two (2) months.
(3) The Judge may at any time upon reasonable cause being shown and upon such terms as to security or otherwise as may seem just, release the Defendant.

Costs of subsistence of person arrested

(1) The expenses incurred for the subsistence of the person so arrested in Correctional Centre shall be paid in advance by the Claimant, and the amount so disbursed be recovered by the Claimant in the suit, unless the Judge otherwise orders.
(2) The Judge may upon failure of the Claimant to pay the subsistence allowance release the person so imprisoned, or in case of serious illness, order his removal to hospital.

ORDER 57

Application

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

Who may sue or defend in forma pauperis

The Chief Judge may admit a person to sue or defend in forma pauperis if satisfied that his means do not permit him to employ legal representation in the prosecution of his case and that he has reasonable grounds for suing or defending as the case may be.

Conditions to be fulfilled

(1) A person seeking relief under this Order shall forward to the Chief Judge a written application accompanied by an affidavit deposed to by the Applicant, stating that by reason of poverty he is unable to afford the services of a Legal Practitioner.
(2) If in the opinion of the Chief Judge the application is worthy of consideration the Chief Judge shall appoint a Legal Practitioner to act for the Applicant.
(3) Where a Legal Practitioner is so appointed the Applicant shall not discharge the Legal Practitioner except with the leave of the Chief Judge.

Fees and Costs.

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

Procedure to be followed

(1) The Legal Practitioner shall not, except by leave of the Chief Judge, take or agree to take any payment from the Applicant or any person connected with the Applicant or the Applicant’s action.
(2) If the Applicant pays or agrees to pay any money to any person in connection with his application or the action relating to the application the Order appointing the Legal Practitioner shall be revoked
(3) If the Legal Practitioner assigned to the Applicant discovers that the Applicant is possessed of means beyond those stated in the affidavit, he shall at once report in writing to the Chief Registrar.

Revocation of Order, Discontinuance, e.t.c.

(1) The Chief Judge may at any time revoke the order granting the application, and the Applicant shall consequently not be entitled to the benefit of this Order in any proceedings to which the application relates unless otherwise ordered.
(2) Neither the Applicant nor the Legal Practitioner assigned to him shall discontinue, settle or compromise the action without the leave of the Judge.

Payment to Legal Practitioner

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

Duty of Legal Practitioner

Every Order, Notice or application on behalf of the Applicant, except an application for the discharge of his Legal Practitioner, shall be signed by his Legal Practitioner, who shall take care that no application or Notice is made or given without reasonable cause.

Appeal

No person shall be permitted to appeal in forma pauperis except by leave of the trial or the appellate Court and then only on grounds of law; but if so permitted the provisions of this Order shall apply mutatis mutandis to all proceedings in the appeal.

ORDER 58

Legal Practitioner to conduct cause or matter to final Judgment

A Legal Practitioner who is engaged it any cause or matter shall be bound to conduct same on behalf of the Claimant or Defendant until final judgment, unless allowed for any special reason to cease acting in the proceeding.

Application for change of Legal Practitioner or withdrawal of services

An application for a change of Legal Practitioner may be made by any party or the legal practitioner or a Legal Practitioner may apply to withdraw his services not less than three (3) clear days before the date fixed for hearing.

Service of application by Legal practitioner

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

ORDER 59

Principle to be observed in fixing costs

(1) In fixing the amount of costs, the principle to be observed is that the party who is in the right is to be indemnified for the necessary expenses he has incurred in the course of proceedings and compensated for his time and effort in coming to Court.
(2) The expenses shall include the:
(a) cost of legal representation and assistance of the successful party to the extent that the Judge determines that the amount of such cost is reasonable;
(b) travel and other expenses of parties and witnesses to the extent that the Judge determines that the amount of such expenses is reasonable, and such other expenses that the Judge determines ought to be recovered, having regard to the circumstances of the case.
(3) When costs are ordered to be paid, the amount of such costs shall, if practicable, be summarily determined by the Judge at the time of delivering the judgment or making the order.
(4) When the Judge deems it to be impracticable to determine summarily the amount of any costs which he has adjudged or ordered to be paid, all questions relating to such costs shall be referred by the Judge for determination by an Assessment Officer.

Rejection of offer of settlement: costs

Where an offer of settlement made in the course of Case Management Conference or ADR is rejected by a party and the said party eventually succeeds at trial but the Award is not in excess of the offer of settlement earlier made, the winning party shall pay the costs of the losing party from the time of the offer of settlement up to judgment.

Security for costs

In any cause or matter in which security for costs is required, the security shall be such amount to be given at such times and in such manner or form as the Judge may direct.

Security for costs by claimant temporarily within jurisdiction

A Claimant ordinarily resident out of the jurisdiction may be ordered to give security for costs, notwithstanding that he may temporarily reside within jurisdiction.

Action founded on judgment or bill of exchange

In an action brought by any person resident out of the jurisdiction, when the Claimant’s claim is founded on a Judgment or Order or on a Bill of Exchange or other negotiable instrument, the power to require the Claimant to give security for costs shall be exercised at the Judge’s discretion.

Bond as Security for costs

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

Costs at discretion of Court

Subject to the provisions of any applicable law and these rules, the costs of and incidental to all proceedings in the High Court, including the administration of Estates and trusts, shall be at the discretion of the Judge, who shall have the power to determine the extent of costs to be paid and the party to pay such cost.

Costs out of fund or property

The Judge may order Costs to be paid out of any fund or property to which a suit or proceedings relates.

Stay of proceedings till payment of costs

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

Stage of proceedings at which costs to be dealt with

10.

(1) Costs may be dealt with by the Judge at any stage of the proceedings.
(2) Costs when ordered become payable immediately, and shall be paid within seven (7) days of the Order, otherwise the defaulting party or his Legal Practitioner may be denied further audience in the proceedings.

When costs follow events

11.

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

Matters to be taken into account in exercising discretion

12.

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

Costs arising from misconduct or neglect

13.

(1) Where in any cause or matter, anything is improperly or unnecessarily done or omitted, by or on behalf of a party, the Judge may direct that any costs to that party in respect of the matter shall not be allowed to him and that the costs occasioned by such act or omission to the other party shall be paid by him.
(2) Without prejudice to the generality of sub-rule (1) of this Rule, the Judge, shall have regard in particular to the following matters:
(a) The omission to do anything the doing of which would have been calculated to save costs;
(b) The doing of anything calculated to occasion or in a manner or at a time calculated to occasion unnecessary costs;
(c) Any unnecessary delay in the proceedings.
(3) Without prejudice to sub-rule (1), the Judge may, direct the Taxing Officer to-inquire into the act or omission and if it appears to him that the direction provided under sub rule (1) should have been given and act as if the appropriate direction had been given.

Personal liability of Legal Practitioner for costs

14.

(1) Subject to the following provisions of this Rule, where in any proceedings, costs are incurred improperly or without reasonable cause or by undue delay or any other misconduct or default, the Judge may make an Order against any Legal Practitioner whom he considers to be responsible, whether personally or through a servant or agent-
(a) disallowing the costs as between the Legal Practitioner and his client; and
(b) directing the Legal Practitioner to pay to his client costs which the client has
been ordered to pay to other parties; or
(c) directing the Legal Practitioner to personally indemnify such other parties against costs payable by them.
(2) The provisions of Rule 13 sub-rule (1) shall apply where proceedings cannot conveniently proceed or fails or are adjourned without useful progress being made because of the failure of the Legal Practitioner to: –
(a) attend in person or by a proper representative; or
(b) deliver any document for the use of the Court which ought to have been delivered or to be prepared with any proper evidence or account or otherwise to proceed.
(3) No order under this Rule shall be made against a Legal Practitioner unless he has been given a reasonable opportunity to appear before the Judge to show cause why the order should not be made.
(4) The Judge may direct that notice of any proceeding or order against a Legal Practitioner under this Rule shall be given to his client in such manner as may be specified in the direction.
(5) If, on the assessment of costs to be paid out of a fund, one sixth or more of the amount of the bill for those costs is net off, the Legal Practitioner liable to pay the bill shall not be allowed the fees to which he would otherwise be entitled.

Taxation of costs

15.

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

Notice to other party

16.

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

Power of Taxing Officer

17.

A Taxing Officer shall have power to tax any costs, as may be required by any law or directed by order of a Judge.

Supplementary powers of Taxing officer

18.

A Taxing Officer may, in the discharge of his functions with respect to the taxation of costs:
(a) take an account of any dealings in money made in connection with the payment of the costs being taxed, if the Judge so directs;
(b) require any party jointly represented in any proceeding before him to be separately represented;
(c) examine any witness in those proceedings;
(d) direct the production of any document which may be relevant in connection with those proceeding.

Extension of time

19.

(1) A Taxing Officer may:
(a) extend the period within which a party is required by or under these rules to begin proceedings for taxation or to do anything in connection with proceedings before that Officer;
(b) Where no period is specified by these rules or the Judge for the doing of anything in or in connection with such proceedings specify the period within which the thing is to be done.
(2) Where an Order of the Court specifies a period within which anything is to be done by or before a Taxing Officer, the Taxing Officer may from time to time extend the period so specified on such terms as he deems fit, unless the Judge otherwise directs.
(3) A Taxing Officer may extend any such period as is referred to in this Rule although the application for extension is not made until after the expiration of the period.

Power of Taxing officer where party liable to be paid and to pay costs

20.

Where a party entitled to be paid costs is also liable to pay costs, the Taxing Officer may:
(a) tax the costs which that party is liable to pay and set off the amount allowed;
(b) delay the issue of a certificate for the costs he is entitled to be paid until he has paid or tendered the amount he is liable to pay.

Mode of beginning Proceedings for taxation

21.

(1) A party entitled to require any costs to be taxed shall begin proceedings for the taxation of the costs by filing in the Registry, a Bill of Costs and securing the date of the taxation
(2) The party shall give at least seven (7) days’ notice of the day and time appointed for taxation proceedings to the party and serve a copy of his bill of costs if he has not already done so.
(3) A notice under sub-rule (1) of this Rule need not be given to any party who has not entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings.

Provisions as to bills of costs

22.

(1) In any bill of costs, the professional charge and the disbursements shall be entered in separate columns and every column shall be cast before the bill is left for taxation.
(2) Before a Bill of Costs is left for taxation it shall be indorsed with:
(a) the name or firm and business address, e-mail and telephone number of the Legal Practitioner whose bill it is; and
(b) if the Legal Practitioner is the agent of another, with the name or firm and business address, e-mail and telephone number of the principal.

Provisions as to taxation Proceedings

23.

(1) If any party entitled to be heard in any taxation proceeding does not attend within a reasonable time after the time appointed for the taxation, the Taxing Officer, if satisfied by Affidavit or otherwise that the party had due notice of the time appointed, may proceed with the taxation.
(2) The Taxing Officer by whom any taxation proceedings are being conducted may, if he deems it necessary, adjourn those proceedings.

Scale of costs

24.

(1) Subject to Rule 21, and the following provisions of this Rule, the scale of costs contained in the High Court of Oyo State (Fees) Rules for the time being in force together with the notes and general provisions contained in the Rules as may be amended, shall apply to the taxation of all costs incurred in relation to contentious business done after the commencement of these Rules
(2) Where the remuneration of a Legal Practitioner in respect of non-contentious business connected with sales, purchases, leases, mortgages and other matters of conveyancing or any other non-contentious business is regulated, in the absence of agreement to the contrary, the amount of the costs to be allowed on taxation in respect of the like contentious business shall be the same, notwithstanding anything in the scale contained in the High Court of Oyo State (Fees) Rules.

Certificate of Taxing Officer

25.

Upon completion of the taxation of any Bill of Costs, the Taxing Officer shall certify the result of the taxation and the costs of same.

Fees on Taxation

26.

The fees payable on taxation shall be paid by the party on whose application the bill is taxed and shall be allowed as part of the bill.

Application for review

27.

A party to any taxation proceeding who is dissatisfied with the allowance or disallowance in whole or in part of any item by a Taxing Officer or with the amount allowed by a Taxing Officer in respect of any item, may apply to a Judge for an order to review the taxation on that item.

Application by Summons

28.

(1) An application under Rule 27 shall be made by Summons at any time within 14 days after the Taxing Officer’s certificate.
(2) Unless the Judge otherwise directs, no further evidence shall be received at the hearing of an application under this Rule, and no ground of objection shall be raised which was not raised on taxation but at the haring of such application the Judge may exercise all such powers and discretion as are vested in the Taxing Officer in relation to the subject matter of the application.
(3) On an application under this Rule the Judge may –
(a) make such order as the circumstances require and
(b) in particular, may order the Taxing Officer’s decision to be amended or, order the item to be remitted to the same or another Taxing Officer for taxation, except where the dispute as to the item under review is as to amount only.

ORDER 60

Representation in Chambers

Business in chambers

In any proceeding before a Judge in Chambers, a party may, if he so desires, be represented by a Legal Practitioner.

Matter to be disposed of in Chambers

The Judge may upon application, conduct any proceeding except actual trial, in Chambers or adjourn such proceedings from Court to Chamber or vice versa, unless the opposite party or his Counsel objects.

Evidence upon application for appointment of Guardians and maintenance

Proceedings Relating to Persons under Legal Disability

Upon application for the appointment of a guardian of infant and allowance for maintenance, the evidence shall show the:
(a) age of the infant;
(b) nature and amount of the infants’ fortunes and incomes; and
(c) relations of the infants.

Guardian with reference to proceedings in Chambers

At any time during the proceeding under any Judgment or Order, the Judge may, if he deems fit, require a guardian to be appointed for any person under legal disability not adjudged a lunatic, who has been served with notice of such judgment or Order.

Further consideration of matter originating in Chambers

III. Further Consideration

Where any matter originating in Chambers shall, at the original or any subsequent hearing have been adjourned for further consideration in chambers, such matter may, after the expiration of 8 days and within 14 days from the date of the adjournment, be brought for further consideration by a Summons to be taken out by the party having the conduct of the matter, and after the expiration of such 14 days by a Summons to be taken out by any other party. Such Summons shall be in the form following:
“That this matter, the further consideration whereof was adjourned by the Order of the Hon. Justice……………………………….made on the………………day of …………………….20………….may be further considered” and shall served 7 clear days before the return:

Provided that this Rule shall not apply to any matter which was adjourned for further consideration at the original or any subsequent hearing in Court.

Notes of proceedings in Chambers

Registering and Drawing up of Orders in Chambers

Notes of proceedings in the Judges’ Chambers shall be kept with proper dates, so that all such proceedings in such cause or matter may appear consecutively and in chronological order, with a short statement of the question or points decided or ruled at every hearing.

Drawing up and entry of Orders made in Chambers

(1) Orders made in Chambers shall, unless the Judge otherwise direct, be drawn up by the Registrar and signed by the Judge.
(2) Such Orders shall be entered in the same manner as Orders made in Court.

Costs

Subject to the provisions of the Law and of these rules, the costs of, and incidental to all proceedings in Chambers shall be at the discretion of the Judge.

Decisions given in Chambers, how set aside or varied

(1) Where a party to any proceeding in Chambers does not intend to accept the decision of the Judge in Chambers as final, he shall immediately request to have the Summons adjourned into Court for argument. If such request is refused, the party may proceed by way of Motion on Notice in Court to discharge, set aside or vary the Order made or the Judgment given or Order made in Chambers.
(2) The Motion on Notice shall be:
(a) filed not later than seven (7) days after the drawing up of the Order made in Chambers unless the Court grants an extension of time on good and sufficient reason being shown; and
(b) heard and determined by the Judge who has dealt with the matter in Chambers, unless this proves impossible or inconvenient owing to such Judge’s death or retirement or prolonged absence from Oyo State.
(3) This Rule shall apply to decisions given by a Judge in Chambers on appeal from the Chief Registrar under Rule 4 of Order 51

ORDER 61

Originating summons for foreclosure

Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having a property which is subject to a legal or equitable charge, or having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out an Originating Summons, for such relief of nature or kind following as may by the Summons be specified, and as the circumstances of the case may require:
(a) payment of money secured by the mortgagee or charge;
(b) sale;
(c) foreclosure;
(d) delivery of possession, whether before or after foreclosure, to the mortgage or person entitled to the charge, by the mortgagor or person having the property subject to the charge, or by any other person in, or alleged to be in possession of the property;
(e) redemption;
(f) re-conveyance;
(g) delivery of possession by the mortgagee.

Forms 35, 36 and 37.

Orders for payment and possession shall be in Forms 35, 36 and 37 of these rules with such variations as the circumstances of the case may require, and like forms shall be used under corresponding circumstances in actions for the like relief commenced by Writ.

Service end execution of Judgment

The Judge may give any special directions concerning the execution of the Judgment, or the service thereof upon persons not parties to the cause or matter as he deems fit.

ORDER 62

Bringing in Judgment etc. directing accounts and inquiries

Summons to Proceed

Every Judgment or Order directing accounts or inquiries to be taken or made shall be brought to a Judge by the party entitled to prosecute same within 10 days after such Judgment or Order shall have been entered or filed, and in default thereof any other party to the cause or matter shall be at liberty to bring in same, and the party shall have the prosecution of such Judgment or Order unless the Judge shall otherwise direct.

Summons to proceed with accounts and inquiries: Directions

(1) Upon a copy of the Judgment or Order being left, a Summons shall be issued to proceed with the accounts or inquiries as directed.
(2) On the return date of the Summons the Judge shall, if satisfied by proper evidence that necessary parties have been served with notice of the Judgment or Order, give directions relating to the:
(a) manner in which each of the Accounts and Inquiries is to be prosecuted.
(b) evidence to be adduced in support of such account and inquiries;
(c) parties who are to attend on the several accounts and inquiries; and
(d) time within which each proceeding is to be taken and day appointed for the further attendance of the parties.
(3) The directions may subsequently be varied by addition or otherwise, as may be found necessary.

Settling Deed where parties differ

(1) Where by a Judgment or Order a Deed is directed to be settled by a Judge in case the parties differ, a Summons to proceed shall be issued, and upon the return of the Summons the party entitled to prepare the draft deed shall be directed to deliver a copy of the Deed, within such time as the Judge may direct, to the party entitled to object to same.
(2) The party entitled to object shall be directed to deliver to the other party within 8 days after the delivery of such copy, a statement of his objection in writing and the proceeding shall be adjourned until after the expiration of such period.

Where service of notice of Judgment or Order may be dispensed with

Where at the hearing of the Summons to proceed, it appears to the Judge that by reason of absence, or for any other sufficient cause, the service of notice of the Judgment or Order upon any party cannot be made, the Judge may order any substituted service or notice by advertisement or otherwise in lieu of such service.

Non-service of notice of Judgment or Order: Stoppage of Proceedings

(a) If at the hearing of the Summons to proceed it appears that all necessary parties are not parties to the action or have not been served with notice of the Judgment or Order, directions may be given for advertisement to creditors, and for leaving the accounts in Chambers.
(b) No proceeding or Adjudication on creditors’ claims and the accounts shall be continued or taken except for the purpose of ascertaining notice of the parties to be served, until all necessary parties have been served and directions given as to the parties who are to attend the proceedings.

Documents: Copies for use of Judge

Copies, abstracts, extracts of accounts, deeds or other documents and pedigrees or concise statements shall, if directed, be supplied for the use of the Judge, and where so directed, copies shall be handed over to the other party:

Provided that no copy of deed or other document shall be made where the original can be brought in unless the Judge otherwise directs.

Entry in Summons to proceed book

Summons to Proceed Book

At the time any summons to proceed is obtained, an entry thereof be made in Summons Book, stating the date on which the summons issued, the name of the cause or matter, and by what party, and shortly for what purpose such summons is obtained, and what at what time such summons is returnable.

ORDER 63

Application of this Order

(1) This Order shall not apply where the person in occupation of land is:
(a) a tenant; or
(b) a tenant holding over after termination of his tenancy; or
(c) a licensee of the owner or person entitled to possession; or
(d) a person who had the consent of the predecessor in title of the person who is entitled to possession.
Proceedings to be brought by Originating Summons.
(2) Where a person claims possession of land which he alleges is occupied solely by a person not listed in Rule 1 of this Order, proceedings may be brought by Originating Summons in accordance with the provisions of this Order.

Form of originating summons: Form 38

The Originating Summons shall be in Form 38 and no acknowledgement of service shall be required.

Affidavit in support

The Claimant shall file in support of the Originating Summons an Affidavit stating:
(a) his interest in the land;
(b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and
(c) that he does not know the name of any person occupying the land who is not named in the Summons.

Service of Originating Summons

(1) Where any person in occupation of the land is named in the Originating Summons, the Summons together with a copy of the affidavit in support shall be served on him:
(a) personally or in accordance with Order 7(4); or
(b) by leaving a copy of the Summons and the affidavit or sending them to him at the premises; or
(c) in such other manner as the Judge may direct.
(2) The Summons shall, in addition to being served on the named Defendants, if any, in accordance with sub-rules (1) of this Rule, be served, unless the Judge otherwise directs by:
(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; or
(b) if practicable, inserting, through the letter box at the premises, a copy of the Summons and a copy of the affidavit enclosed in a sealed envelope addressed to “the occupiers”; or
(c) placing stakes in the ground at conspicuous parts of the occupiers’ land, to which shall be affixed a sealed transparent envelope addressed to “the occupiers” and containing a copy of the Summons and the Affidavit.
(3) Every copy of an Originating Summons for service under sub-rule (1) or (2) of this Rule shall be sealed with the seal of the Court issuing the Summons.

Application by occupier to be made a party

Without prejudice to Rule 16 of Order 15, any person who is in occupation of the land but not named as a Defendant, who desires to be heard on whether an order for possession should be made, may apply at any stage of the proceedings to be joined as a Defendant.

Order for Possession: Form 39

(1) An order for possession in proceedings under this Order shall be in Form 39 with such variations as circumstances may require.

(2) The Judge may immediately order a writ of possession to issue.

(3) Nothing in this Order shall prevent the Judge from exercising any power which could have been exercised if possession had been claimed in an action commenced by Writ or ordering possession to be given on a specified date.

Writ of Possession

(1) No Writ of possession to enforce an Order for possession under this Order shall be issued after the expiration of three (3) months from the date of the Order without the leave of the Judge.
(2) The application for leave may be made Ex-parte unless the Judge otherwise directs.

Setting aside of order

(1) The Judge may, on such terms as he deems fit, set aside or vary any Order made in proceedings under this Order.
(2) In this Order “landed property” means land with or without a building on it.

Null

36.

ORDER 64

Stay of execution or of proceedings pending appeal

Where any application is made to a Judge for a stay of execution or of proceedings in respect of any Judgment or decision appealed from, such application shall be made by Motion on Notice supported by affidavit stating the grounds upon which a stay of execution or of proceedings is sought.

Compilation of Record

An Applicant for stay of execution of a Judgment or stay of proceedings shall compile the Record of Appeal within 90 days from the date of filing a Notice of Appeal and where the record is not so compiled, the Respondent may apply to strike out the application or discharge the Order if already granted.

Court may grant or refuse Order for Stay

(1) Application for stay of execution or of proceedings shall be regarded as an urgent matter.
(2) Where a Judge has struck out an application for a stay of execution, no further application for a stay of execution shall be made in the same matter.

Formal Order to be drawn up

Where any application is made to the Judge under this Order, a formal Order bearing the date the Order is made and embodying the terms of the decision of the Judge shall be drawn up.

ORDER 65

Notice of Appeal

Every appeal shall be brought by Notice of Appeal which shall be lodged in the Lower Court within thirty (30) days of the decision appealed from and served on all other parties affected by the appeal within that period.

Contents of Notice of Appeal: Form 40

(1) The Notice of Appeal which shall be in Form 40 shall set out the reference number of the proceedings in which the decision complained of was given, the names of the parties, the date of such decision and the grounds for appeal in full.
(2) Where the Appellant complains only of a part of the decision, the Notice of Appeal shall specify the part complained of, otherwise the appeal shall be taken to be against the decision as a whole.
(3) The Notice of Appeal shall give the Appellant’s address within the Judicial Division in which is situated the Lower Court appealed from, to which notices may be sent for the Appellant, and such notices may be sent to him by registered post or electronic means.

Copies of Proceedings

(1) The Registrar of the Lower Court shall, within forty-five (45) days after the filing of a Notice of Appeal, prepare, serve the parties and transmit certified copies of the proceedings required for the consideration of the appeal to the Registrar of the High Court in the Judicial Division in which the Lower Court is situated.
(2) Pursuant to rule 3(1) above, the Registrar of the Lower Court shall within 7 days from the filing of the Notice of Appeal summons the parties as in Form 41 and fix the amount to be deposited by the Appellant, which shall be receipted for, to cover the estimated cost of preparing and transmitting the certified copies of the proceedings.

Appeal to Judge of High Court

The appeal shall be decided by the Judge of the Judicial Division within whose Judicial Division the appeal emanated except with the leave of the Chief Judge who may direct otherwise upon application showing cause otherwise by the parties.

Party to be supplied with copy of proceedings

When notifying a party of the day fixed for the hearing of the appeal, the Registrar of the Court shall send him a copy of the proceedings.

Proceedings time

The times prescribed in rules 1 to 4 may be enlarged at any time by the Court on such terms, if any, as the Court may deem fit, after notice has been given to the Respondent by the Appellant of his application for the enlargement of time.

Where time expires

Where the time available to the Appellant for the taking of any step has expired before such step has been taken or completed, the Respondent may, on notice to the Appellant, apply to the Court to strike out the appeal, and the Court may strike out or enlarge time for sufficient reason shown.

Constitution of Court Hearing Appeals

All civil appeals from the Lower Courts shall be heard by one Judge of the Court.

Time and place for hearing

The appeal shall come on for hearing at such time and at such place as the Registrar of the Court shall notify to the parties.

Provisions for Brief of appeal

10.

(1) The Appellant shall within twenty-one (21) days of the receipt of the Record of Appeal from the Court below file in the Court a Written Brief, being a succinct statement of his argument in the appeal.
(2) The Respondent shall within twenty-one (21) days of the receipt of the Appellant’s brief, file in the Court a Written Respondent’s Brief, being a succinct statement of his answer to all material points of substance contained in the Appellant’s brief and shall contain all points raised therein which the Respondent wishes to concede as well as reasons why the appeal ought to be dismissed.
(3) The Appellant may also, if necessary, within seven (7) days of the service on him of the Respondent’s brief but not later than three clear days before the date set down for the hearing of the appeal, file and serve on the Respondent a Reply Brief which shall deal with all new legal points arising from the Respondent’s brief.
(4) All briefs shall be concluded with a numbered summary of the points to be raised and the reasons upon which that argument is founded. The reasons shall be supported by particulars of the titles, dates and pages of cases reported in the Law Reports or elsewhere including the summary of the decisions in such cases, which the parties propose to rely upon.
(5) Where it is necessary, reference shall also be made to relevant statutory instruments, law books and other legal journals. Reference shall also be made to all relevant documents or exhibits admitted at the Court below on which they propose to rely in argument.
(6) All parties, whose interests are identical or joint, may file joint briefs, and separate brief may be filed only by those parties whose interests are separate or in conflict.
(7) A Respondent may, without leave, include arguments in respect of a Cross-Appeal or a Respondent’s Notice in his brief for the original appeal and the Cross-Appeal or Respondent’s Notice.
(8) Where the Appellant fails to file his brief within the time allowed by this Rule or such extended time by the Court, the Respondent may apply to the Court for the appeal to be dismissed for want of prosecution. If the Respondent fails to file his brief, he will not be heard in oral argument except by leave of the Court. Where the Appellant fails to file a Reply Brief within the time allowed by this Rule or such extended time, he shall be deemed to have conceded all new points or issues arising from the Respondent’s Brief.
(9) The Counsel to the parties shall be at liberty to advance before the Judge handling the appeal oral submissions of not more than 20 minutes to expatiate on the Written Brief and if on the day fixed for hearing, or any adjourn date that hearing is fixed for, if any or all the Counsel in the appeal is/are absent, the appeal is/are absent, the appeal shall be deemed as argued on the brief(s) filed provided such absent Counsel was/were aware that the appeal was fixed for hearing for that day.

Appeal limited to grounds given in notice

11.

On the hearing, it shall not be competent for the Appellant to go into any other reason for appeal than those set forth in his notice of grounds for appeal:

Provided that where, in the opinion of the Court, other grounds for appeal than those set forth in the memorandum of grounds for appeal should have been given, or the statement of grounds of appeal is defective, the Court, in its discretion, may allow such amendments of the memorandum of grounds for appeal upon such conditions as to service upon the Respondent and as to costs as it may think fit.

Request to confirm Judgment on other grounds

12.

(1) The Respondent may give notice that he intends at the hearing to ask the Court to confirm the Judgment of the Lower Court on grounds other than those stated by that Judgment;
(2) The notice shall be accompanied by a clear statement of the grounds on which the Respondent intends to ask the Court to confirm the Judgment of the Lower Court.
(3) Such notice and grounds shall be filed in Court within Fourteen (14) days of service on the Respondent of the notice and grounds for appeal, and shall be served on the Appellant.

Cross-Appeal

13.

(1) The Respondent may file grounds for appeal against any part of the decision of the Lower Court.
(2) Such grounds shall be filed by the Respondent within Fourteen (14) days of service on him of the Appellant’s notice and grounds for appeal, and shall be served on the Appellant.

Objections to Form of grounds of appeal

14.

1) No objection on account of any defect in the form of setting forth any ground for appeal shall be allowed, unless the Court is of opinion that the ground of appeal is so imperfectly or incorrectly stated as to be insufficient to enable the Respondent to enquire into the subject matter thereof or to prepare for the hearing.
(2) In any case where the Court is of the opinion that any objection to any reason for appeal ought to prevail, the Court may, if it thinks fit, cause the reason for appeal forthwith to be amended upon such terms and conditions, if any, as the Court may think just.

Defects in proceedings under appeal

15.

On any appeal from a decision of a Lower Court, no objection shall be taken or allowed any proceedings in such Court for any defect or error which might have been amended by that Court, or to any Complaint, Summons, Warrant, or other process to or of such Court for any alleged defect therein in substance or in form, or for any variance between any Complaint or Summons and the evidence adduced in support thereof in such Court:
Provided, however, that if any error, defect, or variance mentioned in this Rule appears to the Court at the hearing of any appeal to be such that the Respondent has been thereby deceived or misled, it shall be lawful for the Court either to refer the case back to the Lower Court with directions to re-hear and determine the same or to reverse the decision appealed from, or to make such other Order for disposing of the case as justice may require.

Defects in notice of appeal or recognizance

16.

No objection shall be taken or allowed, on any appeal, to any Notice of Appeal which is in writing or to any recognisance entered into under this Order for the due prosecution of such appeal for any alleged error or defect therein: but if any such error or defect appears to the Court to be such that the Respondent on such appeal has been thereby deceived or misled, it shall be lawful for the Court to amend the same and, if it is expedient to do so, also to adjourn the further hearing of the appeal, the amendment and the adjournment, if any, being made on such terms as the Court may deem just.

Additional evidence

17.

The Court may on application of either parties, in any case where it may consider it necessary that additional evidence should be adduced, either:
(a) order such evidence to be adduced before the Court on some day to be fixed in that behalf; or
(b) refer the case back to the Lower Court to take such evidence, and may in such case either direct the Lower Court to adjudicate afresh after taking such evidence, and subject to such directions in law, if any, as the Court may think fit to give, or direct it, after taking such evidence, to report specific findings of fact for the information of the Court, and on any such reference the case shall, so far as may be practicable and necessary, be dealt with as if it were being heard in the first instance.

Mode of taking evidence

18.

(1) When additional evidence is to be taken by the Lower Court and specific findings of fact reported, it shall certify such evidence to the Court which shall thereupon proceed to dispose of the appeal.
(2) The Appellant or his Legal Practitioner shall be present when the additional evidence is taken.
(3) Evidence taken in pursuance of rule 18 shall be taken as if it were evidence taken at the trial before the Lower Court.

Fees

19.

The applicable fees in in the schedule hereto shall be chargeable in civil appeal save where the same would have to be paid by a Government officer acting in his official capacity or where the Lower Court or the Court waives or remits the same on the ground of the poverty of the person chargeable therewith where it appears that there are substantial grounds of appeal.

Allowances to witnesses

20.

Allowances may be made to witnesses in accordance with the provisions of the schedule on fees.

Enforcement of Judgments and Orders

21.

After the pronouncement of the Judgment or Order of the Court, the Lower Court from which the appeal came shall have the same jurisdiction and power to enforce, and shall enforce, any decision which may have been affirmed, modified, amended, or substituted by the Court or any Judgment which may have been pronounced by the Court, in the same manner in all respects as if such decision or Judgment had been pronounced by itself.

ORDER 66

Objective

The main objective of the Fast Track procedure is to reduce the time spent on litigation to a period not exceeding nine (9) months from the commencement of the action till final Judgment.

Fast Tract Judges

The Chief Judge shall designate such number of Fast Track Judges as he thinks fit, who may act as Motion Fast Track Judges and/or Trial Fast Track Judges.

Jurisdiction of Fast Track Division

Where any of the parties specifically requests to proceed by way of Fast Track as in Form 42, the Fast Track Court shall have jurisdiction to hear and determine that case and any other case requiring exceptional urgency including but not limited to the following:
(a) Banker/customer disputes;
(b) Commerce and Industry;
(c) Landlord and tenant – Leases;
(d) the revenue of the Oyo State Government or Local Government or Council Revenue; in which the Oyo State Government or Local Government Area Council Revenue or any of its departments, agencies or parastatals is suing or being sued.
(e) Where any of the parties specifically requests to proceed by way of Fast Track as in Form 42.
(f) Provided that the monetary claim in paragraphs (a), (b) and (c) above is not less than N30,000,000.00 (Thirty Million Naira); and
(g) Any other case which the Chief Judge may approve.

Coordinator, Fast Track Division

(1) The Chief Judge shall appoint an Officer as coordinator for the Fast Track Division.
(2) The Coordinator shall:
(a) Process Fast Track cases;
(b) Monitor the performance of the Fast Track Division and submit weekly and monthly performance appraisal report to the Chief Judge;
(c) Make recommendations on how to improve the operation of the Fast Track Division;
(d) Publish the weekly Cause List every Friday or on an earlier day if Friday is a Public holiday;
(e) Manage, coordinate and supervise the operation of the Fast Track Division; and
(f) Perform any other function that may be assigned to him by the Chief Judge.

Assignment of Cases

A Fast Track Judge may not be assigned more than three cases a week.

Procedure for filing Cases

(1) The Claimant or Counterclaimant shall present his Originating Process; General Form of Writ of Summons (Fast Track) as in Form 43, prepared by his Lega Practitioner accompanied by:
(a) Statement of claim
(b) List of witnesses to be called at the trial,
(c) Written statement on oath of the witnesses
(d) List and Copies of every document or exhibit to be relied on at the trial, and
(e) Certificate of pre-action counseling.
(2) The Coordinator shall upon receipt of the processes in (1) above issue an acknowledgement and forward the cause or matter to the Chief Judge for approval or otherwise as in Form 44 or 45.
(3) Where a matter is placed on the Fast Track, a filing fee of N100,000.00 (One Hundred Thousand Naira Only) shall be paid by the Applicant apart from the other fees chargeable.

Marking and payment of Filing Fees

Where a process is placed on the Fast Track, upon payment of the filing fees, the Coordinator shall cause the Originating Process to be marked “QUALIFIED FOR FASTTRACK”.

Service of Originating Process

The Originating Process under this Order shall be served within fourteen (14) days of filing.

Filing of Process

(1) The Bailiff /Process Server shall serve all processes or notices filed within 48 hours of filing and file a proof of service.
(2) Where a Bailiff is unable to effect service, a certificate of non-service shall be filed.
(3) Any Court Official who receives or dispatches a file or process relating to a Fast Track case shall state the date and time of receipt or dispatch.
(4) Service of process may be effected on parties or Counsel in the Court.
(5) All proofs of service must be filed within 24 hours.

Monthly report to the Chief Judge and account for Fees

10.

(1) The coordinator shall render monthly report of cases held and summary of Order to the Chief Judge as in Form 46.
(2) The Coordinator shall render monthly account of the monies received by the Revenue Officer(s) for filing processes, forms or notices under this Order to the Chief Judge in a form or manner as may be prescribed by the Chief Judge.

Hearing dates

11.

Trial shall be conducted on daily basis and parties are bound by hearing dates fixed in advance.

Adjournments

12.

(1) A Judge may not grant an application for an adjournment, unless it is for cogent and compelling reasons. Adjournments
(2) Where an application for adjournment is granted, the Order shall not exceed three days from the date of the Order.

Absence of Counsel

13.

(1) Where a party or his Counsel will be absent from Court, the party or his Counsel shall promptly inform the Court Absence of
Counsel
(2) Where a trial has commenced, the Court will hold Counsel responsible to his commitment to continuous trial.
(3) Where a matter is adjourned at the instance of a party, he shall pay costs of not less than Ten Thousand Naira N10,000.00) per day for every day of the adjournment to each other party.

Time Table for taking steps

14.

The timetable for steps in Fast Track action is as follows:
(a) Administrative action by the Chief Judge after filing of process, form or notice shall be within 24 hours;
(b) Service of process shall be effected within 3 days;
(c) Memorandum of Appearance, Defenced and accompanying documents shall filed within 7 days and 30 days if the party is outside jurisdiction;
(d) Reply to Defence shall be filed within 7 days;
(e) Case Management Conference shall be conducted, and Motions and other applications shall be heard and concluded within 7 days of close of pleadings,
(f) Commencement to conclusion of trial shall be within 30 days;
(g) Filing and adoption of final addresses shall be concluded within 17 days; (Defendant’s Final Address – 7 days, Claimant’s Final Address – 7 days, Reply on Point of Law – 3 days)
(h) Judgment shall be delivered within 14 days; and
(i) Issuance of certified true copy of Judgment shall be within 4 days.

Compliance with time table

15.

(1) Where service has been duly effected and there is proof of service, an extension of the time provided under the timetable for taking steps, shall not be allowed, unless for cogent and compelling reasons.
(2) A Party who fails to comply with the period prescribed in the timetable shall not be heard on an interlocutory application, except on an application for extension of time.

Absence of Parties

16.

(1) Where trial cannot commence on a date fixed for hearing due to the absence of the Claimant, the case shall be struck-out.
(2) Where the trial cannot commence on a date fixed for trial due to the absence of the Defendant, hearing shall continue and may be concluded without further notice to the Defendant.
(3) Where a case is struck-out under paragraph (1) above, the Claimant may apply to relist within five (5) working days.
(4) Where a case is relisted pursuant to sub rule (3) above, the Claimant shall pay costs as shall be determined by the Court.

Form of Addresses, Objections and Applications

17.

(1) Addresses, objections and applications, except those arising extempore, shall be in writing and served on the other party.
(2) Final addresses shall be deemed adopted in the absence of parties.

Application for Transcript: Form 47

18.

(1) The Registrar shall prepare record of proceedings within three (3) days of the conclusion of sittings.
(2) Parties may apply for the record of proceedings upon payment of fees, to be issued within three (3) days of the application as in Form 47.

ORDER 67

Petitions to be made to the Probate Registrar

Grant of Probate or Administration in General

(1) Subject to the provisions of Orders 44 to 45 when any person subject to the jurisdiction of the Court dies, all petitions for the granting of any Letters of Administration of the estate of the deceased person, with or without a Will attached, and all applications on matters connected shall be made to the Probate Registrar of the Court.
(2) The Chief Judge shall request a Judge of any Judicial Division to take measures and make such Orders as may appear necessary or expedient for the interim preservation of the property of the deceased within such Judicial Division, for the discovery or preservation of the Will of the deceased or for any other purposes connected with the duties of the Judge under this Order, and every Judge shall carry out any such request as far as practicable and report to the Chief Judge.
(3) No grant of administration with the Will annexed shall issue within fourteen (14) days of the death of the deceased, and no Grant of Administration without the Will annexed, shall issue within Twenty-one (21) days of such death.

Preservation of Property

The Judge shall, when the circumstances of the case appear so to requires, forthwith on the death of a person, or as soon after as may be, appoint and authorize an Officer of the Court, or some other fit person, to take possession of his property within its jurisdiction, or put it under seal and so keep it until it can be dealt with according to Law.

Unauthorized persons intermeddling with property

If any person other than the named Executor or Administrator, or an Officer of the Court, or person authorized by the Judge, takes possession of and administers or otherwise deals with the property of any deceased person, he shall, besides the other liabilities he may incur, be liable to a fine of not less than N500,000.00 (Five Hundred Thousand Naira) as the Judge, having regard to the condition of the person so interfering with the property and the other circumstances of the case, may deem fit to impose.

Production of testamentary papers

If any person having in his possession or under his control any paper or Writing of any deceased person, being or purporting to be testamentary shall forthwith deliver the original to the Probate Registrar of the Court. If any person fails to do so within 3 months after having had knowledge of the death of the deceased, he may be liable to a fine of N20,000.00 (Twenty Thousand Naira) as the Judge may, having regard to the condition of such person in default and other circumstances of the case, deem fit to impose.

Judge may order production

Where it appears that any paper of the deceased, being or purporting to be testamentary is in the possession of, or under the control of any person, a Judge may upon an Ex parte application, whether a suit or proceedings respecting probate or administration is pending or not, order him to produce the paper and bring it into Court.

Examination respecting papers

Where it appears that there are reasonable grounds for believing that any person had knowledge of any paper being or purporting to be testamentary, although it is not shown that the paper is in his possession or under his control, a Judge may upon an Ex parte application, whether a suit or proceedings in respect of probate or administration is pending or not, order that he be examined in respect of the same in Court, or on interrogatories, and that he attends for that purpose, and after examination that he produces the paper and brings it into Court.

Notice to Executor to come in and prove

The Judge may on the application of any person claiming an interest under a Will give notice to the Executors therein named, to come in and prove the Will, or to renounce probate, and they, or some or one of them, shall within 21 days after notice, come in and prove or renounce accordingly.

Liability of Executor neglecting to apply for probate

If any named Executor in the Will of the deceased takes possession and administers or otherwise deals with any part of the property of the deceased, and does not apply for probate within 3 months after the death, or after the termination of any suit for or dispute in respect of probate or administration, he may independent of any other liability be deemed to be in contempt of Court, and shall be liable to such fine of not less than N50,000.00 (Fifty Thousand Naira) as the Judge deems fit to impose.

Evidence of Identity

The Judge shall require evidence, in addition to that offered by the Applicant, where additional evidence in that behalf seems to the Judge necessary or desirable, in regard to the identity of the deceased or of the Applicant or in regard to the relationship of the Applicant to the deceased, or in regard to any person or persons in existence with a right equal or prior to that of the Applicant to the grant of probate or administration sought by the Applicant or in respect of any other matter which may be considered by the Judge relevant to the question whether the Applicant is the proper person to whom the grant should be made.

Provided that the Judge may refuse the grant unless the Applicant produces the required evidence on these points or any of them as required by the Judge.

Judge may refuse grant until all persons interested are given due notice

10.

Where it appears to the Judge that some person or persons other than the Applicant may have at least an equal right with the Applicant to the grant sought, the Judge may refuse the grant until due notice of the application has been given to such other person or persons and an opportunity given for such person or persons to be heard in respect of the application.

Provided that the Judge may in his discretion refuse the grant unless and until all persons entitled to the grant in priority to the Applicant shall have expressly renounced their prior right.

Value of property

11.

Every Applicant for a grant of Letter of Administration shall file in the Court a true declaration on oath of all the personal properties of the deceased and the verified value thereof:
Provided that tor the purpose of the fees payable on Letters of Administration, the value of the property in respect of which the grant is made shall be deemed not to include:
(a) any gratuity payable by the Government of the Federation of Nigeria, or of a State, to the estate of any person formerly employed by either of such Governments or by a Statutory Corporation
(b) any sum of money payable to an estate from a Provident Fund established under the provisions of any applicable Law.

Answers required before grant

12.

All inquiries a Judge deems fit to institute shall be answered to his satisfaction before the issuance of Letters of Administration. The Judge shall afford as great a facility for the obtaining of Letters of Administration as is consistent with due regard to the prevention of error and fraud.

Form of suits

13.

Suits in respect of administration shall be instituted and carried on as nearly as may be in the like manner and subject to the same rules of procedure as suits in respect of ordinary claims.

Testator may deposit Will

14.

Any person may deposit his Will for safe custody in the Probate Registry sealed under his own seal and the seal of the Court.

Custody of Wills of which probate is granted

15.

Every original Will, of which probate or administration with Will annexed is granted, shall be filed and kept in the Probate Registry in such manner as to secure at once its due preservation and convenient inspection. A copy of every such Will and of the probate or administration shall be preserved in the Registry.

Will not given out without Order of Judge

16.

No original Will shall be given out for any purpose without the direction in writing of a Judge. A certified transcript under the seal of the Court of the probate or administration with the Will annexed may be obtained from the Court.

Examination of Will as to its execution

17.

(1) On receiving an application for administration with Will annexed, a Judge shall inspect the Wil, and see whether it appears to be signed by the Testator or by some other person in his presence, and by his direction, and subscribed by two witnesses according to the applicable law, and shall not proceed further if the Will does not appear to be so signed and subscribed:
(2) If the Will appears to be so signed and subscribed, the Judge shall refer to the attestation clause and consider whether the wording thereof states the Will to have been in fact executed in accordance with those enactments.

Evidence as to due Execution of Will

18.

(1) Where a Will contains no attestation clause or the attestation clause is insufficient or where it appears to the Judge that there is some doubt about the due execution of the Will, he shall before admitting it to proof, require an affidavit as to due execution from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the Will was executed.
(2) If no affidavit can be obtained in accordance with the foregoing paragraph, the Judge many, if he deems fit having regard to the desirability of protecting the interest of any person who may be prejudiced by the Will, accept evidence on affidavit from any person he may deem fit to show that the signature on the Will is the handwriting of the deceased, or of any other matter which may raise a presumption in favour of the due execution of the Will.
(3) If the Judge after considering the evidence is satisfied that the Will was not duly executed, he shall refuse probate and mark the Will accordingly;

Evidence on failure of attesting witnesses

19.

Where both subscribing witnesses are dead or if from other circumstances such an affidavit cannot be obtained from either of them, resort for such an affidavit shall be had to other persons present at the execution of the Will; but if no such affidavit can be obtained, proof shall be required of that fact, and of the handwriting of the deceased and of the subscribing witnesses and also of any circumstances raising a presumption in favour of the due execution of the Will.

Evidence as to terms: conditions and date of execution of Will

20.

(1) Where in a Will, there is any obliteration, interlineation or other alteration which is not authenticated in the manner prescribed by law or by the re-execution of the Will or by the execution of a Codicil, the Judge shall require evidence to show whether the alteration was present at the time the Will was executed and shall give directions as to the form in which the Will is to be proved.
Provided that this sub-rule shall not apply to any alteration which appears to the Judge to be of no practical importance.
(2) Where from any mark on the Will it appears to the Judge that some other document has been attached to the Will or if a Will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the Will, the Judge may require the document to be produced and may call for such evidence in respect of the attachment or incorporation of the document as he may deem fit.
(3) When there is doubt as to the date on which a Will was executed, the Judge may require such evidence as he deems necessary to establish the date.

Attempted revocation of a Will

21.

Any appearance of attempted revocation of a Will by burning, tearing or otherwise and every other circumstance leading to a presumption of revocation by the Testator, shall be accounted for to the satisfaction of the Judge.

Affidavit as to due execution, terms, etc of Will

22.

The Judge may require an affidavit from any person he may deem fit for the purpose of satisfying himself as to any of the matters referred to in rules 18, 20 and 21. In any such affidavit sworn by an attesting witness or other person present at the time of the execution of a Will, the deponent shall depose to the manner in which the Will was executed.

Wills of persons in military service and seamen

23.

Where it appears to the Jude that there is prima facie evidence that a Will is one to which Section 8 of the Wills Law of Oyo State, Cap 170, 2000 or any other applicable law in force in the State relates, the Will may admitted to proof if the Judge is satisfied that it was made by the Testator in accordance with the provision of that section or enactment as the case may be.

Evidence of foreign law

24.

Where evidence of foreign law is required on any application for a grant, the Judge may accept an affidavit from any person whom having regard to the particular of his knowledge or experience given in the affidavit, he regards as suitably qualified to give expert evidence of the law in question.

Order of priority for grant where deceased left a Will

25.

Where the deceased died after the commencement of this Order, the person or persons entitled to a grant of probate or administration with the Will annexed shall be determined in accordance with the following order of priority.
(a) The Executor,
(b) any residuary Legatee or Devisee holding in trust for any other person,
(c) any residuary Legatee or Devisee for life;
(d) the ultimate residuary Legatee or Devisee, including one entitled on the happening of any contingency or where the residue is not wholly disposed of by the Will any person entitled to share in the residue not so disposed of, or, the personal representative of any such person;

Provided that:
(i) unless the Judge otherwise directs, a residuary legatee or devisee whose legacy or devise is vested in interest shall be preferred to one entitled on the happening of a contingency; and
(ii) where the residue is not in terms wholly disposed of, the Judge may, if he is satisfied that the testator has nevertheless disposed of the whole or substantially the whole of the estate as ascertained at the time of the application for the grant, allow a grant to be made subject to Rule 68 of this Order to any Legatee or Devisee entitled to, or to a share in the estate so disposed of; without regard to the persons entitled to share in any residue not disposed of by the Will:
(e) any specific Legatee or Devisee or any creditor or, subject to sub-rule 3 of rule 59, the personal representative of any such person or where the estate is not wholly disposed of by Will, any person who, notwithstanding that the amount of the estate is such that he has no immediate beneficial interest therein, may have a beneficial interest in the event of an accretion to it;
(f) any specific legatee or devisee entitled on the happening of any contingency, or any person having no interest under the Will who would have been entitled to a grant if the deceased had died wholly intestate.

Joinder of Administrator

26.

(1) An application to join with a person entitled to a grant of administration, a person entitled in a lower degree shall, in default of renunciation by all persons entitled in priority to the latter, be made to the Judge and shall be supported by an affidavit by the person entitled, the consent of the person proposed to be joined as personal representative and such other evidence as the Judge may require;
(2) An application to join with a person entitled to a grant of administration, a person having no right to it, shall be made to the Judge and shall be supported by an affidavit by the person entitled, the consent of the person proposed to be joined as personal representative and such other evidence as the Judge may require.
Provided that there may, without any such application, be joined with person entitled to administration;
(a) on the renunciation of all other person entitled to join in the grant, any kin of the deceased having not beneficial interest in the estate;
(b) unless the Judge otherwise directs, any person whom the guardian of a minor any nominate for the purpose
(c) a trust Corporation.

Will of blind or illiterate testator

27.

Where the Testator was blind or illiterate, the Judge shall not grant administration with the Will annexed, unless the Judge is first satisfied, by proof or by what appears on the face of the Will, that the Will was read over to the deceased before its execution or that he had at that time knowledge of its contents.

Interlineations, erasures, obliterations

28.

(1) The Judge, on being satisfied that the Will was duly executed, shall inspect it to see
whether there are any interlineations, alterations, erasures, or obliterations appearing in it and requiring to be accounted for.
(2) Interlineations, alterations, erasures, and obliterations are invalid unless they existed in the Will at the time of its execution or unless, if made afterwards, they have been executed and attested in the mode required by the said enactments; or unless they have been made valid by the re-execution of the Will or by the subsequent execution of some Codicil thereto.
(3) Where interlineations, alterations, erasures, or obliterations appear in the Will, unless duly executed or recited in or otherwise identified by the attestation clause, an affidavit in proof of their having existed in the Will before its execution shall be filed.
(4) Where no satisfactory evidence is adduced respecting the time when an erasure or obliteration was made and the words erased or obliterated are not entirely effaced, and can, on inspection of the Will, be ascertained, they shall form part of the probate. Where any words have been erased which might have been of importance, an affidavit shall be required.

Documents referred to in a Will or annexed or attached thereto

29.

(1) Where a Will contains a reference to any document of such a nature as to raise the question whether it ought or ought not to form a constituent part of the Will, the Judge shall require the production of the document with a view to ascertaining whether or not it is entitled to probate; and if it is not produced a satisfactory account of its non-production shall be given. A document cannot form part of a Will unless it was in existence at the time when the Will was executed.
(2) If there are vestiges of sealing wax or wafers, or other marks on the Will, leading to the inference that some document has been at sometime annexed or attached thereto, a satisfactory account of them shall be required, and if it is not produced, a satisfactory account of its non-production shall be given.

Executor dying without proving or not appearing

30.

Where a person appointed Executor in a Will survives the Testator but either dies without having taken probate or having without been called on by the Court to take probate and does not appear, his right in respect of the Executorship wholly ceases, and, further renunciation, the representation to the testator and the administration of his property may go and be committed as if that person had not been appointed Executor.

Marking of Wills

31.

Every Will in respect of which an application for a grant is made shall be marked by the signatures of the Applicant and the person before whom the oath is sworn, and shall be exhibited to any affidavit which may be required under this Order as to the validity, terms, condition or date of execution of the Will:

Provided that where the Judge is satisfied that compliance with this Rule might result in the loss of the Will, he may allow a photocopy to be marked or exhibited in lieu of the original document.

Viva voce examination of persons making affidavits

32.

In every case where evidence is directed or allowed to be given by affidavit, the Judge may require the personal attendance of the deponent if within the jurisdiction, before the Court to be examined viva voce respecting the content of his affidavit. The examination may take place before any affidavit has been sworn or prepared if the Judge deems fit.

Letters of Administration

33.

(1) A Judge in granting Letters of Administration shall proceed as far as may be in case of probate.
(2) The Judge shall ascertain the time and place of the deceased’s death and the value of the property to be covered by the administration.

Administration bond

34.

(1) The person to whom administration is granted shall give a bond with two or more responsible sureties to the satisfaction of the Judge. The bond shall affirm that the Administrator shall be duly conditioned to collect. getting in and administering the personal property of the deceased.
(2) The Judge may, if he deems fit, take two sureties only where the gross value of the estate exceeds N1,000.000.00 (One Million Naira) or where a Corporation is proposed as a surety.
(3) The bond shall be in form of a penalty which is twice the sum value of the estate of the deceased unless the Judge deems it expedient to reduce the amount.
(4) The Judge may also in any case direct that more bonds than one shall be given, so as to limit the liability of any surety to such amount as the Court deems reasonable.

Guarantee

35.

(1) The Judge shall not require a guarantee as a condition of making a grant where it is proposed to make it:
(a) by virtue of Rule 25(e) to a creditor or the personal representative of a creditor or to a person who has no immediate beneficial interest in the estate of the deceased but may have such an interest in the event of an accretion to the estate;
(b) under Rule 61 to a person or some of the persons who would, if the person beneficially entitled to the whole of the estate died intestate, be entitled to his estate.
(c) under Rule 63 to the attorney of a person entitled to a grant;
(d) under Rule 64 for the use and benefit of a minor;
(e) under Rule 66 for the use and benefit of a person who by reason of mental or physical incapacity is incapable of managing his affairs;
(f) to an Applicant who appears to the Judge to be resident elsewhere than in the State; or
(g) except where the Judge considers that there are special circumstances making it desirable to require a guarantee.
(2) Notwithstanding that it is proposed to make a grant as aforesaid, a guarantee shall not be required, except in special circumstances, on an application for administration where the Applicant or one of the Applicants is the Administrator-General or a Trust Corporation.
(3) Every guarantee entered into by surety for the purpose of the Order shall be in Probate Form l with such variations as circumstances may require.
(4) Except where the surety is a Corporation, the signature of the surety on every such guarantee shall be attested by an authorized officer, Commissioner for Oaths or other person authorised by law to administer an oath.
(5) Unless the Probate Registrar otherwise directs:
(a) if it is decided to require a guarantee, it shall be given by two sureties, except where the gross value of the estate does not exceed N250,000.00 (two hundred and fifty thousand naira) or a Corporation is a proposed surety, and in those cases one will suffice;
(b) no person shall be accepted as a surety unless he is resident in the State;
(c) no officer of the judiciary shall be a surety
(d) the limit of the liability of the surety or sureties under a guarantee shall be the gross amount of the estate as sworn on the application for the grant
(e) every surety other than a Corporation, shall justify his eligibility.
(6) Where the proposed surety is a Corporation, there shall be filed an affidavit by the proper Officer of the Corporation to the effect that it has power act as surety and has executed the guarantee in the manner prescribed by its constitution, and containing sufficient information as to the financial position of the Corporation to satisfy the Judge that its assets are sufficient to satisfy all claims which may be made against it under any guarantee which it has given or is likely to give.

Assignment of bond

36.

The Judge may, on being satisfied that the condition of the bond has been broken, assign to some person, and that person may thereupon sue on the bond in his own name as if it had been originally given to him, and may recover thereon, as trustee for persons interested the full amount recoverable in respect of any breach of the bond.

Administration Summons

37.

Any person claiming to be a creditor or legatee or the next of kin or one of the next Administration of kins of a deceased, may apply for and obtain a Summons from the Court requiring the Executor or Administrator, as the case may be, of the deceased to attend the Court and show cause why an Order for the administration of the property of the deceased should not be made.

Order for administration

38.

(1) On proof of service of the Summons or on appearance of the Executor or Administrator, and on proof of all such other things as the Judge may direct, the Judge may, if he deems fit, make an Order for the administration of the property of the deceased.
(2) The Judge may make or refuse any such Order or give any special directions in respect of the carriage or execution of it and where there are applications for such an Order by two or more different persons or classes of persons, to grant the same to such one or more of the Claimants or classes of Claimants, as the Judge deems fit.
(3) Where the Judge deems fit, the carriage of the Order may subsequently be given to such person, and on such terms, as he may direct.

Order relating to property

39.

Where the Judge makes such an Order or at any time afterwards, he may, if he deems fit, make any further or other Order which may appear requisite to secure the proper collection, recovery for safe-keeping and disposal of the property or any part thereof.

Administration may be granted to officers

40.

In a case of intestacy, where the special circumstances of the case require the Judge may, if he deems fit on the application of any person having interest in the estate of the deceased or of his own motion, grant Letters of Administration to an Officer of the Court, to a Consular Officer or to a person in the service of the Government.

Officer to act under the direction of Judge

41.

(1) The Officer or person so appointed shall act under the direction of the Judge, and shall be indemnified thereby.
(2) The Judge shall require and compel him to file in Court the accounts of his administration at intervals not exceeding 12 months.

Court may appoint person to be Administrator

42.

Where a person has died intestate as to his personal estate or leaving a Will affecting personal estate, but without having appointed an Executor thereof willing and competent to take probate or where the Executor shall, at the time of the death of such person, be resident out of the jurisdiction, and it shall appear to the Judge to be necessary or convenient in any such case to appoint some person as Administrator of the estate of the deceased or of any part thereof, the Judge may appoint such person as he shall deem fit to be such Administrator upon his giving such security, if any as the Judge shall direct, and every such Administrator may be limited as the Judge shall deem fit.

Remuneration of the Administrators

43.

The Judge may direct that any Administrator (with or without the Will annexed) shall receive out of the personal and real estate of the deceased such reasonable remuneration as he shall deem fit not exceeding 10% on the amount of the realized property, or, when not converted into money, on the value of the property
duly administered and accounted for by him.

Provided that where the Judge is satisfied that by reason of exceptional circumstances the administration of the property has required an extraordinary amount of labour to be bestowed on it, he may allow in respect of such property a higher rate of remuneration.

Securing and collection of estate

44.

Where any citizen of any foreign Country dies within the jurisdiction without leaving within the jurisdiction a widower, widow or next of kin, the Probate Registrar shall collect and secure all moneys and other property belonging to the deceased and shall then inform the nearest Consular Officer of such Country of death, and transmit to him a list of the money and property leaving of the deceased.

Application by Consular Officer or person authorised by him to administer estate

45.

Application may be made to the Court by any such Consular Officer or by any person authorised by him in writing and under the consular seal, for leave to administer the estate of the deceased, and the Judge may make such Order as to security for payment of debts and the method of administration as the Judge shall deem fit, and vary such Order when and so often as it is expedient.

Accounts to be filed

46.

(1) Every person to whom a grant of probate or Letter of Administration shall have been made, and every Administrator appointed by the Judge shall, file in Court the accounts of his administration every 12 months from the date of the grant or the appointment until the completion of the administration.
(2) Any Executor or Administrator who fails to file his accounts or returns within the prescribed period as aforesaid shall be liable to a penalty of N500.00 (Five Hundred Naira) for every day of default. A fine for nonpayment shall be enforceable by distress, and failing sufficient distress, by imprisonment for a term not exceeding 6 months.
(3) When an account is filed in Court under this Rule, the Judge shall scrutinize such account and if it appears to the Judge that by reason of improper, unvouched or unjustifiable entries or otherwise such account is and proper account, the Judge shall require the person filing the account to remedy such defects as there may be within such time as the Judge may deem reasonable for the purpose; and on failure to remedy such defects within such time, the person who filed such defective account shall be deemed to have failed to file an account within the meaning of this Rule and proceedings may be taken against such person accordingly.
(4) The Probate Registrar shall bring to the notice of the Judge the fact that any Executor or Administrator has failed to file his accounts as required by this Rule.
(5) The Judge may, on the motion of any party interested, or summon any Executor or Administrator failing as aforesaid, to show cause why he should not be punished.
(6) The Judge may for good cause shown extend the time for such filing of accounts
(7) Any Executor or Administrator who has been granted an extension of time to file such accounts, and who fails within such extended time to file such accounts, shall be liable to the penalty set out above, and the procedure for bringing him before the Court shall be as set out above.
(8) The accounts shall be open to the inspection of any person who satisfies the Probate Registrar that he is interested in the administration.
(9) In this Rule, the word “accounts” shall mean and include an inventory, an account of the administration, the vouchers in the hands of the Executor or Administrator relating thereto and an affidavit in verification.

Court may refuse application to review

47.

The Judge may refuse to entertain any application under rule 2 of this Order if he considers that there has been unreasonable delay by the Applicant in making the application.

Grant to be signed by Probate Registrar

48.

The grant of Letters of Administration under this Order shall be signed by the Probate Registrar on behalf of the Court.

Application

49.

Probate (Non-Contentious) Procedure

In this Part Rules 1, 4, 5, 6, 7, 8, 11, 12, 14, 15, 16, 17, 19, 26, 27, 28, 29, 30, 31, 71(1) and 72(1) or (4) of this Order shall also apply.

Application for grants through Legal Practitioners

50.

Every Legal Practitioner through whom an application for a grant is made shall give the address of his place of business within the jurisdiction.

Personal Applications

51.

(1) An Applicant for a grant may apply in person.
(2) A personal Applicant may not apply through an agent, whether paid or unpaid, and may not be represented by any person acting or appearing to act as his adviser.
(3) No personal application shall be received or proceeded with if:
(a) it becomes necessary to bring the matter before the Court by Motion or by action
(b) an application has already been made by a Legal Practitioner on behalf of the Applicant and has not been withdrawn;
(e) the Judge otherwise directs.
(4) After a Will has been deposited in the Registry by a personal Applicant, it may not be delivered to the Applicant or to any other person unless in special circumstances the Judge so directs.
(5) A personal Applicant shall produce a certificate of the death of the deceased or such other evidence of the death as the Judge may approve.
(6) A personal Applicant shall supply all information necessary to enable the papers leading to the grant to be prepared in the Registry or may himself prepare such papers and lodge them unsworn.
(7) Unless the Judge otherwise directs, every oath, affidavit or guarantee required of a personal application shall be sworn or execute by all the deponents or sureties before an authorized Officer.

Duty of Probate Registrar on receiving application for grant

52.

(1) The Probate Registrar shall not allow any grant to issue until all inquiries which he may deem fit to make have been answered to his satisfaction.
(2) The Judge may require proof of the identity of the deceased or of the Applicant for the grant beyond those contained in the Oath.
(3) No grant of probate or of administration with the Will annexed shall issue within 3 months of the death of the deceased; and no grant of administration (not with the Will annexed) shall issue within 3 months of such death.

Oath in support of grant

53.

(1) Every application for a grant shall be supported by an oath in the form applicable to the circumstances of the case, which shall be contained in an affidavit sworn to by the Applicant, and by such other papers as the Probate Registrar may require.
(2) Unless otherwise directed by the Probate Registrar, the oath shall state where the deceased was domiciled at the time of death.

Grant in additional name

54.

Where it is necessary to describe the deceased in a grant by some name in addition to his true name, the Applicant shall state in the oath the true name of the deceased and shall depose that some part of the estate, specifying it, was held in the other name; or as to any other reason that there may be for the inclusion of the other name in the grant.

Engrossment for purposes of record

55.

(1) Where the Probate Registrar considers that in any particular case a photocopy of the original Will would not be satisfactory for purposes of record, he may require that an engrossment suitable for photo reproduction be lodged.
(2) Where a Will contains alterations which are not admissible to proof, there shall be lodged an engrossment of the Will in the form in which it is to be proved.
(3) Any engrossment lodged under this Rule shall reproduce the punctuation, spacing and division into paragraphs of the Will and, if it is one to which sub-rule 2 of the rule applies, it shall be made in form of book on durable paper following continuously from page to page.
(4) Where any pencil-writing appears on a Will, there shall be lodged a copy of the Will or of the pages or sheets containing the pencil-writing in which there shall be underlined in red ink those portions which appear in pencil in the original.

Grant to attesting witnessing etc

56.

Where a gift to any person fails by reason of the fact that he is an attesting witness or the spouse of an attesting witness, such person shall not have any right to a grant as a beneficiary named in the Will, without prejudice to his right to a grant in any other capacity.

Right of assignee to a grant

57.

(1) Where all the persons entitled to the estate of the deceased under a Will have assigned their whole interest in the estate to one or more persons, the assignee or assignees shall replace in order of priority for a grant of probate the assignor or if there are two or more assignors, the assignors with the highest priority, in the absence of a proving Executor.
(2) Where there are two or more assignees, probate may be granted with the consent of the others to anyone or more but not exceeding four of them.
(3) In any case where probate is applied for by an assignee, a copy of the Instrument of Assignment shall be lodged in the Registry.

Additional personal representatives

58.

(1) An application to add a personal representative shall be made to the Additional (1) Probate Registrar and shall be supported by an affidavit by the personal Applicant, the consent of the person proposed to be added as personal representative and such other evidence as the Judge may require.
(2) On any such application, the Probate Registrar may direct that a note shall be made on the original grant of the addition of a further personal representative, or he may impound or revoke the grant or make such Order as the circumstances of the case may require.

Grant where two or more persons entitled in the same degree

59.

(1) A grant may be made to any person entitled thereto without notice to other persons entitled in the same degree.
(2) A dispute between persons entitled to a grant in the same degree shall be brought by application before the Probate Registrar.
(3) If an application under this Rule is brought before the Judge, he shall not allow any grant to be sealed until such application is finally disposed of.
(4) Unless the Probate Registrar otherwise directs, administration shall be granted to a living person in preference to the personal representative of a person who would, if living, be entitled in the same degree and to a person not under disability in preference to an infant entitled in the same degree.

Prevention of grant

60.

(1) Nothing in Rules 57, 60 or 62 shall operate to prevent a grant being made to any person to whom a grant may, or may require to be made under any enactment.
(2) The rules mentioned in the last foregoing paragraph shall not apply where the deceased died domiciled outside the State, except in a case the provisions of rule 63 apply.

Grants to person having spes successions

61.

When the beneficial interest in the whole estate of the deceased is vested absolutely in a person who has renounced his right to a grant of administration with the Will attached and has consented to such administration being granted to the person or person who would be entitled to his estate if he himself had died intestate, administration may be granted to such person or one or more but not exceeding four of such persons.
Provided that a surviving spouse shall not be regarded as person in whom the estate has vested absolutely unless he would be entitled to the whole of the estate, whatever its value may be.

Grants where deceased was domiciled outside the State

62.

Where the deccased was domiciled outside the State, the Probate Registrar may order that a grant should issue:
(a) to the person entrusted with the administration of the estate by the Court having jurisdiction at the place where the deceased died domiciled;
(b) to the person entitled to administer the estate by the law of the place where the deceased died domiciled;
(c) if there is no such person as is mentioned in paragraph (a) or (b) of this Rule or if in the opinion of the Probate Registrar the circumstances so require to such person as the Probate Registrar may direct;
(d) if a grant required to be made to, or if the Probate Registrar in his discretion considers that a grant should be made to, not less than two Administrators, to such person as the Probate Registrar may direct jointly with any such person as is mentioned in paragraph (a) or (b) of this Rule or with any other person:

Provided that without any such Order as aforesaid:
(a) probate of any Will which is admissible to proof may be granted:
(i) Where the Will is in English or in the local language, to the Executor named therein;
(ii) Where the Will described the duties of a named person in terms sufficient to constitute him Executor according to the tenor of the Will, to that person:
(b) where the whole of the estate in the state consists of immovable property, a grant limited thereto may be made in accordance with the law that would have been applicable if the deceased had died domiciled in the State.

Grant to attorney

63.

(1) Where a person entitled to a grant resides outside the State, a grant may be made to his lawful attorney for his use and benefit, until such person shall obtain a grant rant or in such other way as the Probate Registrar may direct:
Provided that where the person so entitled is an Executor, administration shall not be granted to his attorney without notice to the other Executors, if any.
(2) Where the Probate Registrar is satisfied by affidavit that it is desirable for a grant to made to the lawful attorney of a person entitled to a grant and resident in the State, he may direct the grant to be made to the attorney for the use and benefit of such person, until such person obtains a grant or in such other way as the Probate Registrar may direct.

Grants on behalf of minors

64.

(1) Where the person to whom a grant would otherwise be made is a minor, a grant for his use and benefit until he attains the age of 18 years shall subject to sub-rules 3 and 5 of this Rule, be granted:
(a) to both parents of the minor jointly or to any guardian appointed by a Probate Registrar; or
(b) where there is no such guardian able and willing to act and the minor has attained the age of 16 years, to any next of kin nominated by the minor, or where the minor is a married woman, to any such next of kin or to her spouse if nominated by her.
(2) Any person nominated under sub-rule 1(b) of this Rule may represent any other minor whose next of kin he is, being a minor below the age of 16 years entitled in the same degree as the minor who made the nomination.
(3) Notwithstanding anything in this Rule, administration for the use and benefit of the minor until he attains the age of 18 years may be granted to any person assigned as guardian by Order of a Court in default of, or jointly with, or to the exclusion of any such person as is mentioned in sub-rule 1 of this Rule and such an Order may be made on application by the intended guardian, who shall file an affidavit in support of the application and, if required by the Court, an affidavit of witness sworn to by a responsible person.
(4) Where a grant is required to be made to not less than two persons and there is only one person competent and willing to take a grant under the foregoing provisions of this Rule, a grant may, unless the Probate Registrar otherwise directs, be made to such person jointly with any other person nominated by him as a fit and proper person to take the grant.
(5) Where a minor who is sole Executor has no interest in the residuary estate of the deceased, administration with the Will attached for the use and benefit of the minor until he attains the age of 18 years shall, unless the Probate Registrar otherwise directs, be granted to the person entitled to the residuary estate.
(6) A minor’s right to administration may be renounced only by a person assigned as guardian under sub-rule 3 of this Rule and authorized to renounce by the Probate Registrar.

Grants where minor is co-Executor

65.

(1) Where one of several Executors is a minor, probate may be granted to the adult Executors, with power reserved for making the like grant to the minor on his attaining the age of 18 years and administration for the use and benefit of the minor until he attains the age of 18 years may be granted under rule 64 only if the adult Executors renounce or, on being cited to accept or refuse a grant, fail to make an effective application.
(2) A minor Executor’s right to probate on attaining the age of 18 years shall not be renounced by any person on his behalf.

Grants in case of mental or physical incapacity

66.

(1) Where the Probate Registrar is satisfied that a person entitled to a grant is by reason of mental or physical infirmity incapable of managing his affairs, a grant for his use and benefit, during his incapacity, may be made:
(a) in the case of mental incapacity, to the person authorized by the Probate Registrar to apply for the grant
(b) where there is no person so authorized or in the case of physical incapacity:
(i) if the person incapable is entitled as Executor and has no interest in the residuary estate of the deceased, to the person entitled to such residuary estate;
(ii) where the person incapable is entitled otherwise than as Executor or is an Executor having an interest in the residuary estate of the deceased, to the person who would be entitled to a grant in respect of his estate if he had died intestate; or to such other person as the Probate Registrar may by Order direct.
(2) Unless the Probate Registrar otherwise directs, no grant shall be made under this Rule unless all persons entitled in the same degree as the person incapable have been considered and excluded.
(3) Where legal disability arises out of unsoundness of mind or insanity notice of intended application for a grant under this Rule shall, unless the Probate Registrar otherwise directs, be given to his guardian.
(4) Where there is physical disability, notice of intended application for a grant under this Rule shall unless the Probate Registrar otherwise directs be given to the person alleged to be incapable.

Renunciation of Probate and administration

67.

(1) Renunciation of probate by an Executor shall not operate as renunciation of any right which he may have to a grant of Administration in some other capacity unless he expressly renounces such right.
(2) Unless the Probate Registrar otherwise directs, no person who has renounced a grant in one capacity may obtain a grant in some other capacity.
(3) A renunciation of probate or administration may be retracted at any time on the Order of the Probate Registrar:
Provided that only in exceptional circumstances may leave be given to an Executor to retract a renunciation of probate after a grant has been made to such other person entitled in a lower degree.

Notice to State of intended application for grant

68.

Where the State is or may be beneficially interested in the estate of a deceased person, notice of intended application for a grant shall be given by the Applicant to the Oyo State Attorney-General and the Probate Registrar may direct that no grant shall issue within a specified time after the notice has been given.

Resealing

69.

(1) An application for the resealing of probate or administration with the Will attached granted by a Court outside the State shall be made by the person to whom the grant was made or by any person authorised in writing to apply on his behalf.
(2) On any such application:
(a) an Inland Revenue Affidavit shall be lodged as if the application were one for a grant in the State;
(b) the application shall be advertised in such manner as the Probate Registrar may direct and shall be supported by an oath sworn by the person making the application.
(3) On an application for the resealing of such a grant:
(a) the Probate Registrar shall not require sureties except where it appears to him that the grant is made to a person or for a purpose mentioned in paragraphs (a) to (f) of Rule 35 (I) or except where he considers that there are special circumstances making it desirable to require sureties:
(b) Rules 35(2), (4), (5), (6) and 51 (4) shall apply with any necessary modifications; and
(c) a guarantee entered into by a surety shall be in Probate Form 2 with such variations as circumstances may require.
(4) Except by leave of the Probate Registrar, no grant shall be resealed unless it was made to such a person as is mentioned in paragraph (a) or (b) of Rule 62 or to a person to whom a grant could be made under a proviso to that rule.
(5) No limited or temporary grant shall be resealed except by leave of the Judge.
(6) Every grant lodged for resealing shall include a copy of any Will to which the grant relates or shall be accompanied by a copy certified as correct by or under the authority of the Court by which the grant was made.
(7) The Probate Registrar shall send notice of the resealing to the Court which made the grant.
(8) Where notice is received in the Registry from outside the State of the resealing of a grant made in the State, notice of any amendment or revocation of the grant shall be sent to the Court by which it was resealed.

Amendment and revocation of grant

70.

If Probate Registrar is satisfied that a grant should be amended or revoked, he may make an order accordingly:
Provided that except in special circumstances no grant shall be amended or revoked under this Rule except on the application or with the consent of the person to whom the grant was made.

Notice to prohibit grant: Caveats

71.

(1) A notice to prohibit a grant of administration may be filed in Court.
(2) Any person who wishes to ensure that no grant is sealed without notice to himself may enter a caveat in the Registry.
(3) Any person who wishes to enter a caveat, in this Rule called “the Caveator”, may do so by completing Probate Form 3 in the appropriate book at the Registry and obtaining an acknowledgement of entry from the proper officer, or by sending through the post at his own risk a notice in Probate Form 3 to the Registry in which he wishes the caveat to be entered.
(4) Where the caveat is entered by a Legal Practitioner on behalf of the Caveator the name of the Caveator shall be stated in Probate Form 4. (4)
(5) Except as otherwise provided by this Rule, a caveat shall remain in force for 3 months from the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats.
(6) The Probate Registrar shall maintain an index of caveats entered in the Registry and on receiving an application for a grant in the Registry, he shall cause the index to be searched and shall notify the Applicant in the event of any caveat having been entered against the sealing of a grant for which application has been made.
(7) The Probate Registrar shall not allow any grant to be sealed if he has knowledge of an effective caveat in respect thereof.
Provided that no caveat shall operate to prevent the sealing of a grant on the day on which the caveat is entered.
(8) A warning in Probate Form 5 may issue from the Registry against a Caveator at the instance of any person interested, in this Rule called “the person warning”, which shall state his interest and, if he claims under a Will, the date of the Will, and shall require the Caveator to give particulars of any contrary interest which he may have in the estate of the deceased; and every warning or a copy thereof shall be served on the Caveator.
(9) A Caveator having an interest contrary to that of the person warning way, within 8 days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if no affidavit has been
File under sub-rule 12 of this Rule, enter an appearance in the Registry by filing Probate Form 6 and making an entry in the appropriate book, and shall forthwith serve on the person warning a copy of Probate Form sealed with the seal of the Registry.
(10) A Caveator who has not entered an appearance to a waring may at any time withdraw his caveat by giving notice at the Registry and the caveat shall then cease to have effect and if he has been warned, the Caveator shall forthwith give notice of withdrawal of the caveat to the person warning.
(11) A Caveator having no interest contrary to that of the person warning but wishing to show cause against the sealing of a grant to that person may, within 8 days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if no affidavit has been ben filed under sub-rule 12 of this Rule, issue and serve a notice, which shall be returnable before the Probate Registrar.
(12) If the time limited for appearance has expired and the Caveator has not entered an appearance, the person warning may file in the Registry an affidavit showing that the warning was duly served and that he has not received a Summons for directions under the last foregoing sub-rule, and thereupon the caveat shall cease to have effect.
(13) Upon commencement of a probate action the Probate Registrar shall, if a caveat is in force, other than a caveat entered by the Claimant, give to the Caveator notice of the commencement of the action and, upon the subsequent entry of a caveat at any time when the action is pending, shall likewise notify the Caveator of the existence of the action.
(14) Unless the Probate Registrar otherwise directs:
(a) any caveat in force at the commencement of proceedings by way of Citation or Motion shall, unless withdrawn pursuant to sub-rule 9 of this Rule, remain in force until an application for a grant is made by the person shown to be entitled thereto by the decision of the Court in such proceedings, and upon such application any caveat entered by a party who had notice of the proceedings shall cease to have effect;
(b) any caveat in respect of which an appearance to a warning has been entered shall remain in force until the commencement of a probate action;
(c) the commencement of a probate action shall whether or not any caveat has been entered, operate to prevent the sealing of a grant until application for a grant is made by the person shown to be entitled thereto by the decision of the Court in such action, and upon such application any caveat entered by a party who had notice of the action, or by a Caveator who was given notice under subrule 13 of this Rule, shall cease to have effect.
(15) Except with the leave of the Probate Registrar, no further caveat may be entered by or on behalf of any Caveator whose caveat has ceased to have effect under sub-rule 12 or 14 of this Rule.

Citations

72.

(1) Notices in the nature of Citation shall be given in such manner as the Judge directs.
(2) Every Citation shall be settled by the Probate Registrar before being issued.
(3) Every averment in a Citation and such other information as the Probate Registrar may require shall be verified by an affidavit sworn to by the person issuing the citation, in this order called “the Citor”, or, if there are two or more Citors, by one of them:
Provided that the Probate Registrar may in special circumstances accept an affidavit sworn to by the Citor’s Legal Practitioner.
(4) The Citor shall entera caveat before issuing a citation
(5) Every Citation shall be served personally on the person cited unless a Judge, on cause shown by affidavit, directs some other mode of service, which may include notice by advertisement.
(6) Every Will referred to in a Citation shall be lodged in the Registry before the Citation is issued, except where the Will is not in the Citor’s possession and the Judge is satisfied that it is impracticable to require it to be lodged.
(7) A person who has been cited to appear may, within 8 days of service of the citation upon him inclusive of the day of such service, or at any time thereafter if no application has been made by the Citor under sub-rule 5 of rule 35 or sub-rule 2 of rule 69 of this order enter an appearance in the Registry by filing Probate Form 6 and making an entry in the appropriate book, and shall thereafter serve on the Citor a copy of Probate Form 5 sealed with the seal of the Registry.

Citation to accept or refuse a grant.

73.

(1) A Citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.
(2) Where power to make a grant to an Executor has been reserved, a Citation calling on him to accept or refuse a grant may be issued at the instance of the Executors who have proved the Will or the Executors of the last survivor of deceased Executors who have proved.
(3) A Citation calling on an Executor who has intermeddled in the estate of the deceased to show cause why he should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of 6 months from the death of the deceased:
Provided that no Citation to take a grant shall issue while proceedings as to the validity of the Will is pending
(4) A person cited who is willing to accept or take a grant may apply Ex parte to the Judge for an Order for a grant on filing an affidavit showing that he has entered an appearance and that he has not been served by the Citor with notice of any application for a grant to himself.
(5) If the time limited for appearance has expired and the person cited has not entered an appearance, the Citor may: not
(a) in the case of a Citation under sub-rule 1 of this Rule apply to the Judge for an Order for a grant to himself.
(b) In the case of a Citation under sub-rule 2 of this Rule, apply to the Judge for an Order that a note be made on the grant that the Executor in respect of whom power was reserved has been duly cited and has not appeared and that all his rights or interest in respect thereof have ceased;
(c) in the case of a Citation under sub-rule 3 of this rule, apply to the Judge by Summons, which shall be served on the person cited, for an Order requiring such person to take a grant within a specified time or for a grant to himself or some other person specified in the Summons.
(6) An application under sub-rule 5 of this Rule shall be supported by an affidavit showing that the Citation was duly served and that the person cited has not entered an appearance.
(7) If the person cited has entered an appearance but has not applied for a grant under sub-rule 4 of this Rule, or has failed to prosecute his application with reasonable diligence, the Citor may:
(a) in the case of a Citation under sub-rule 1 of this rule, apply by Summons to the Judge for an Order for a grant to himself;
(b) in the case of a Citation under sub-rule 2 of this Rule, apply by Summons to the Judge for an Order striking out the appearance and for the endorsement on the grant of such a note as is mentioned in paragraph (b) of sub-rule 5 of this rule;
(c) in the case of a Citation under sub-rule 3 of this Rule, apply by Summons to the Judge for an Order requiring the person cited to take a grant within a specified time or for a grant to himself or some other person specified in the Summons; and the Summons shall be served on the person cited in each case.

Citation to propound a Will

74.

(1) A Citation to propound a Will shall be directed to the Executors named in the Will and to all persons interested there under, and may be issued at the instance of any Citor having any interest contrary to that of the Executors or such other persons.
(2) Where the time limited for appearance has expired, the Citor may:
(a) where no person cited has entered an appearance, apply to the Judge for an Order for a grant as (a) if the Will were invalid;
(b) in the case of a Citation under sub-rule 2 of rule 73 of this Order apply by Summons to the Judge for an Order striking out the appearance and for endorsement on the grant of such a note as mentioned in paragraph (b) of sub-rule 5 of rule 73 of this Order;
(c) in the case of a Citation under sub-rule 3 of rule 73 of this Order apply by Summons to the Judge for an Order requiring the person cited to take a grant within a specified time or for a grant to himself or some other person specified in the Summons; and the Summons shall be served on the persons cited in each case.

Address for service

75.

All Caveats, Citations, warnings and appearances shall contain an address for service within the jurisdiction.

Application tor order to bring or to attend for examination

76.

(1) An application for an Order requiring a person to bring in a Will or to attend for examination may, unless a probate action has been commenced, be made to the Court by Summons, which shall be served on every such person as aforesaid.
(2) An application for the issue by the Judge of subpoena to bring in a Will shall be supported by an affidavit setting out the grounds for the application, and if any person served with the subpoena denies that the Will is in his possession or control he may file an affidavit to that effect.

Limited grants

77.

An application for an order for a grant limited to part of an estate may be made to the Judge and shall be supported by an affidavit stating:
(a) whether the application is made in respect of the real estate only or any part thereof, or real estate together with personal estate, or in respect of a trust estate only;
(b) whether the estate of the deceased is known to be insolvent;
(c) that the persons entitled to a grant in respect of the whole estate in priority to the Applicant have been considered and excluded.

Grants ad Colligenda bona

78.

An application for an Order for grant of administration where the goods in the estate are of perishable nature may be made to the Judge, and shall be supported by an affidavit setting out the grounds of the application.

Application for leave to swear to death of a person

79.

An application for leave to swear to the death of a person in whose estate a grant is sought may be made to the Judge and shall be supported by an affidavit setting out the grounds of the application and containing particulars of any policies of insurance effected on the life of the presumed deceased.

Grants in respect of Codicils and copies of Wills

80.

(1) An application for an Order admitting to proof a Codicil or a Will contained in a copy, a completed draft, a reconstruction or other evidence of its contents where the original Will is not available may be made to the Judge:
Provided that where a Will is not available owing to its being retained in the custody of a foreign Court or Official, a duly certified copy of the Will may be admitted to proof without any such Order as aforesaid.
(2) The application shall be supported by an affidavit setting out the grounds of the application and by such evidence on affidavit as the Applicant can adduce as to:
(a) the due execution of the Will
(b) its existence after the death of the Testator; and
(c) the accuracy of the copy or other evidence of the contents of the Will, together with any consent in writing to the application given by any person not under disability who would be prejudiced by the grant.

Grants Durants absentia

81.

Any application for an order for a grant of special administration where a personal representative resides outside the State shall be made to the Judge by a Motion.

Notice of election by surviving spouse to redeem life interest

82.

(1) Where a surviving spouse who is the sole personal representative of the deceased is entitled to a life interest in part of the residuary estate and elects to have the life interest redeemed, he may give written notice of the election to the Probate Registrar by filing a notice in Probate Form 7 with such variations as circumstances may require.
(2) A notice filed under this rule shall be notice on the grant and the record shall be open to inspection.

Photocopy of Wills or other documents may be certified and sealed

83.

(1) Where copies are required of original Wills or other documents deposited under the provisions of any written Law such copies may be photocopies sealed with the seal of the Registry and issued as office copies and, where such office copies are available copies certified under the hand of a Probate Registrar to be true copies shall be issued only if it is required that the seal of the Court be affixed thereto.
(2) Copies, not being photocopies of original Wills or other documents deposited as aforesaid shall be examined against the documents of which they purport to be copies if so required by the person demanding the copy, and in such case the copy shall be certified under the hand of a Probate Registrar to be a true copy and may in addition be sealed with the seal of the Court.

Power to require application to be made by summons or motions

84.

The Probate Registrar may require any application under this Order to be made by Motion or Summons to a Judge.

Service of notices of motion and summons

85.

(1) A Judge may direct that a notice of Motion or Summons for the service of which no other provision is made in this Order shall be served on such person or persons as the Judge may direct.
(2) Where by the provisions of this Order or by any direction given under sub-rule I of this Rule a notice of Motion or Summons is required to be served on any person, it shall be served not less than 5 days, before the hearing of the Motion or Summons.

Services of notices, etc. at the person’s address

86.

Unless the Judge otherwise directs or this Order provides, any notice or other document required to be given or served on any person may be given or served by leaving it at, or by sending it by courier to that persons address for service, or if he has no address for service, his last known address.

Affidavit

87.

Every affidavit used in non-contentious probate business shall satisfy the requirements of Order 43.

Time

88.

The provisions of Order 54 shall apply to the computation, enlargement and abridgement of time under this Order.

Application

89.

Subject in any particular case to any direction given by a Judge, this Order shall apply to any proceedings which is pending on the date on which these rules come into operation as well as to any proceedings commenced on or after, that date:

Provided that where the deceased died before the commencement of these rules, the right to a grant shall, subject to the provisions of any enactment, be determined by the principles and rules in accordance with which the Court would have acted at the date of the death.

Contentious probate: Form of suits

90.

Suits in respect of probate shall be instituted and carried on as nearly as possible in the like manner and subject to the same rules of procedure as suits in respect of civil claims.

Probate actions

91.

III. Proceedings Generally Probate actions.

In probate actions, the Originating Process shall state whether the Claimant claims as creditor, Executor, Administrator, beneficiary, next of kin or in any other capacity.

Service of Writ of Summons

92.

In probate actions service of a Writ of Summons may by leave of a Judge be allowed out of Nigeria.

Pleadings and further actions

93.

In probate actions a party shall state with regard to every defence which is pleaded, what is the substance of the case on which it is intended to rely and further where it is pleaded that the Testator was not of sound mind, memory and understanding, particulars of any specific instances of delusion shall be delivered before the case is set down for trial and except by leave of a Judge no evidence shall be given of any other instances at the trial.

Where Claimant disputes Defendant’s interest

94.

In probate actions where the Claimant disputes the interest of the Defendant, he shall allege in his Statement of Claim that he denies the Defendant’s interest.

Notice of opposition to Will

95.

In probate actions the party opposing a Will may, with his defence give opposition notice to the party setting up the Will that he merely insists upon the Will to being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the Will, and he shall thereupon be at liberty to do so and shall not in any event be liable to pay the costs of the other side unless the Judge finds that there was no reasonable ground for opposing the Will.

Inquiry as to outstanding personal estate

96.

Every Judgment or order for a general account of the personal estate of a Testator or intestate shall contain a direction for any ‘inquiry as to what parts of such, personal estate are outstanding or undisposed of, unless the Judge shall otherwise direct.

Discretion to Order costs

97.

Where a person is or has been a party to any proceedings in the capacity or trustee, personal representative or mortgagee, he shall, unless the Judge otherwise orders be entitled to the costs of such proceedings in so far as they are not recovered, from or paid by any other person out of the fund held by the trustee or personal representative or the mortgaged property, as the case may be; and the Judge may otherwise order only on the ground that the trustee, personal representative or mortgagee has acted unreasonably or, in the case of a trustee or personal representative, has in substance acted for his own benefit rather than for the benefit of the fund.

Originating summons relating to deceased person

98.

The Executors or Administrators of deceased person or any of them, and the Trustees under any Deed or Instrument or any of them, and any person claiming to be interested in the relief ought as creditor, beneficiary, next of kin, heir-at-law of a deceased person, or as Cestui que trust under the trust of any Deed or Instrument or as claiming by assignment or administration otherwise under any such creditor or other person as aforesaid, may take out, an Originating Summons for such relief as listed hereunder as may be specified by the summons and as the circumstances of the case may require: that is, the determination without an administration of the estate or trust of any of the following questions or matters:
(a) any question affecting the rights or interests of the person claiming to be creditor, beneficiary, next of kin, or heir-at-law or cestui que trust;
(b) the ascertainment of any class of creditors, beneficiary, next of kin, or others;
(c) the furnishing of any particular accounts by the Executors or Administrators or Trustees and the vouching, when necessary, of such accounts;
(d) the payment into Court of any money in the hands of the Executors or Administrators or Trustees;
(e) directing the Executors or Administrators or trustees to do or abstain from doing any particular act in their character as such Executors or Administrators or Trustees;
(f) the approval of any sale, purchase, compromise, or other transaction;
(g) the determination of any question arising in the administration of the estate or trust.

Order for administration of estate of deceased and of trust

99.

Any of the persons named in rule 98 of this Order may in like manner apply for and obtain an Order for:
(a) the administration of the personal or real estate of the deceased,
(b) the administration of the trust;
(c) any act to be done or step to be taken which the Judge could have ordered to be done or taken if any such administration Order as aforesaid had previously been made.

Persons to be served

100.

The persons to be served with the summons under Rules 98 and 99 of this Order in the first instance shall be the following:
Where the Summons is taken out by an Executor or Administrator or Trustee:
(a) for the determination of any question, under paragraph (a), (c), (f) or (g) of rule 98 of this Order, the persons, or one of the persons, whose rights or interests, are sought to be affected;
(b) for the determination of any question, under paragraph (b) of rule 98 of this Order any member or alleged member of the class;
(c) for the determination of any question under paragraph (c) of rule 98 of this Order, any person interested in taking such accounts;
(d) for the determination of any question under paragraph (d) of rule 98 of this Order, any person interested in taking such money;
(e) for relief under paragraph (a) of rule 99 of this Order, the residuary Legatees, or next of kin, or some of them, or the residuary Devisees, or heirs, or some of them, as the case may be;
(f) for relief under paragraph (b) of rule 99 of this Order, the Cestui que trust or some of them;
(g) if there are more than one Executor or Administrator or Trustee and they do not all concur in taking out the Summons, those who do not concur;
Where summons taken out by any other person
(h) Where the Summons is taken out by any person other than the Executors, Administrators or Trustees the Executors, Administrators or Trustees, or some of them must be served.

Judge not bound to order administration

101.

It shall not be obligatory on the Judge to pronounce or make Judgment or Order, whether on Summons or otherwise for the administration of any trust or of the estate of any deceased person if the questions between the parties can be properly determined without such Judgment or Order.

Order which may be on application for administration or execution of trusts, where no accounts or insufficient accounts have been rendered

102.

Upon an application for administration or execution of trusts by a creditor or beneficiary under a Will, Intestacy, or Deed of Trust, where no accounts or insufficient accounts have been rendered, the Judge may, in addition to the powers already existing:
(a) order that the application shall stand over for a certain time, and that the Executors, Administrators or Trustees in the meantime shall render to the Applicant proper statement of their accounts, with an intimation that if this is not done they may be made to pay the costs of the proceedings;
(b) when necessary, to prevent proceedings by other creditors, or by person beneficially interested, make the usual judgment or Order for administration with a proviso that no proceedings are to be taken under such Judgement or Order without leave of the Judge.

Interference with discretion of trustee

103.

The issue or a summons under rule 98 of this Order shall not interfere with or control any power or discretion vested in any Executor, Administrator or Trustee except so far as such interference or control may necessarily be involved in particular relief sought.

Application by summons

104.

Any of the following applications may be made by Summons:
(a) an application for the appointment of a new Trustee with or without a vesting or other consequential Order,
(b) an application for a vesting Order or other Order consequential on the appointment of a new Trustee where the appointment is made by a Judge
(c) an application for vesting or other consequential Order in any case where a Judgment or Order has been given or made for the sale, conveyance or transfer of any land or stock or the suing for or recovering any chose in action;
Payment out of Court
(d) an application relating to a fund paid into Court in any case coming within the provisions of rule 8 of this Order.

Interpretation Law Cap. 65 Vol. 3 Laws of Oyo State, 2000

105.

(1) The provisions of the Interpretation Law shall apply to the interpretation of this Order.
(2) In this Order, unless the context otherwise requires:
“authorized officer” means any Officer of the Registry who is for the time being authorized by Law to administer any oath or to take any affidavit required for any purpose connected with his duties;
“gross value” in relation to any estate means the value of the estate without deduction for debts, encumbrances, funeral expenses or estate duty;
“oath” means the oath required by this Order to be sworn by every Applicant for grant;
“personal applicant” means a person other than a Trust Corporation who seeks to obtain. grant without employing a Legal Practitioner; and
“personal application” has a corresponding meaning;
“Registrar” means the “Probate Registrar;
“Registry” or “Probate Registry” means the Probate Registry of the Court;
“Will” includes a Codicil and any testamentary document or copy or reconstruction of it.
(3) Unless the context otherwise requires, any reference in this Order to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.

ORDER 68

Subject to the provisions of any written law and this Order;
(1) No process shall, except by special Order of Court, be issued until all fees payable thereon as provided in the schedules hereto shall have been paid and an account thereof, initialed as received shall have been set forth by the Officers issuing the process both in the margin and in the counterfoil thereof.
(2) All such fees shall be carried to designated account immediately the process is issued.
(3) Every document, for or in respect of which any fee or fees shall have been paid, shall bear an indorsement initialed by the Registrar or other Officer showing the amount of the fee or fees so paid and the receipt referring to the payment, provided that when any form of process specified the fees thereof, it shall be sufficient for the number of Registrar or other Officer to initial the amount of such fees appearing thereon, and to quote the number of the receipt.
(4) Every Registrar or other Officer submitting any Writ of Summons or other process whatever for signature by a Judge shall at the same time produce the stamp of the receipt given for the fees of such process.
(5) No document in respect whereof a fee is payable shall be used in any legal proceeding, unless it shall have been initialed as aforesaid by the Registrar or other Officer or unless the Court shall at the same time Order to be produced the stamp of the receipt given for the fees of such process.
(6) No hearing fee or other fee shall be returned, except upon a voucher, payable at the Treasury, in favour of the party entitled to receive the same and prepared at the direction of the Judge before whom the cause or matter is set down and comes on for hearing.

The Chief Judge shall periodically issue Practice Direction fixing and regulating the fees and allowances payable under these Rules.

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