HIGH COURT OF RIVERS STATE (CIVIL PROCEDURE RULES), 2023

2023

(Orders)

ORDER 1

Application

(1) These Rules shall apply to all proceedings including all part-heard causes and matters in the High Court of Rivers State.
(2) In respect of causes and matters already pending, the rules shall apply to every further step to be taken in respect of the causes and matters.

OVERRIDING OBJECTIVE
(3) Application of these Rules shall be directed toward the achievement of a just, efficient and speedy dispensation of justice and to this end:
(4) The overriding objectives of these rules are to:
(a) deal with every civil proceeding in ways that are proportionate, considering the nature and importance of the case, complexity of the issues, the amount of money involved and the financial position of each party.
b) allot to every civil proceeding an appropriate share of the Courts resources, while taking into account the need to allot resources to other cases.

(5) The Court shall further the overriding objectives by actively managing cases and active case management includes:
(a) directing the parties to use Alternative Dispute Resolution (ADR) mechanism, where the Court considers it appropriate;
(b) assisting the parties to settle the whole or part of the case;
(c) fixing timetable or controlling the process of the case:
(d) giving directions to ensure that the trial of the case proceeds quickly and efficiently:
(e) requiring the Claimant and his Legal Practitioner to cooperate with the Court to further the overriding objective by complying with the requirements of the Pre-trial Protocol to wit:
(i) that he has made attempts at amicable resolution of the dispute through mediation. conciliation, arbitration or other dispute resolution options:
(ii) that the dispute resolution was unsuccessful and by the written memorandum to the Defendants, he set out his claim and options for settlement; and
(iii) that he has complied as far as practicable, with the duty of full and frank disclosure of all information relevant to the issues in
dispute.

(6) The Court will impose appropriate sanctions where a party does not comply with the Rules and Order of the Court.

Interpretation

In these Rules, unless the context otherwise requires or is repugnant thereto:
“ADR” means Alternative Dispute Resolution
“Bank” shall include financial institutions
“Claimant” includes a claimant in a counter-claim;
“Court” means the High Court of Rivers State;
“Court Process” or “Process” includes writ of summons, originating summons, originating motion, notices, petitions, pleadings. orders, motions, summons, warrants and all documents or written communication of which service is required:
“E-filing” means any step taken or involved in the process of filling processes using electronic means on the Rivers State Courts Information System Management (RIVCOMIS) or any other electronic platform adopted by the Rivers State High Court:
“Decision” means any decision of a Court and includes judgment, ruling. decree. order, conviction, sentence or recommendation;
“Defendant” includes a defendant to a counter claim:
“Guardian” means any person who has for the time being, the charge of or control over a person under legal disability and includes a person appointed too institute or defend an action on behalf of any person under legal disability:
“Law” means the High Court Law, Cap 62 Laws of Rivers State of Nigeria, 2001 or any re-enactment thereof;
“Legal Practitioner” means a legal practitioner or counsel within the meaning of the Legal Practitioners Act.
“Minor” means a person who has not attained the age of 18 years;
“Originating Process” means any court process by which a suit is initiated;
“Persons Under Legal Disability” means 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 wil1, or letters of administration of the estate of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action, which is non-contentious or common form probate business;
“Registrar” means the Chief Registrar, Probate 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 Rivers State in the appropriate judicial division; and includes the RIVCOMIS platform or any other platform that the Chief Judge may, in writing direct;
“Remote/Virtual Hearing” means hearing over a video conference;
“RIVCOMIS” means Rivers State Court Management Information System or any other platform that the Chief Judge may, in writing direct;
“RSMDC” means Rivers State Multi-Door Courthouse;
“Taxing Officer” means the Chief Registrar or such other officer of the Court as the Chief Judge may appoint to assess and deduct the tax payable on Cost.
“The Rules” or “These Rues” means The Rivers State High Court (Civil Procedure) Rules, 2023.

Repeal

The High Court of Rivers State (Civil Procedure) Rules 2010 shall cease to apply to all proceedings in the High Court of Rivers State from the commencement of these Rules.

Citation and Commencement
These Rules may be cited as the Rules of the High Court 2023 and shall come into force on the 3rd day of April, 2023.

ORDER 2

Suits relating to land property distrained or seized

All suits relating to land or any mortgage or charge on or any other interest or injury to land and also all actions relating to personal property distrained or seized for any cause, shall be commenced and determined in the Judicial Division in which the land is situated, or the distain or seizure took place.

Suits for recovery of penalties forfeitures and against public officers

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

Suits upon contract

All suits for specific performance, or on the breach of any contract, may be commenced and determined in the Judicial Division in which the contract was made or negotiated, or ought to have been performed or in which the defendant or one of the defendants resides or carries on business.

Other suits

(1) All other suits may be commenced and determined in the Judicial Division in which the defendant resides or carries on business or in which the cause of action arose.
(2) Where there are several defendants who reside or carry on business in different Judicial Divisions, the suit may be commenced in anyone 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

(1) Where any suit is commenced in the Wrong Judicial Division, it may be tried in that Divisions, unless the Chief Judge directs otherwise.
(2) A suit commenced in a Judicial Division may be determined in another Judicial Division by the same Judge or another Judge on the directive of the Chief Judge.

ORDER 3

Proceedings which must be begun by writ

Subject to the provisions of these rules or any applicable law requiring any proceedings to be begun by originating summons, originating motion or petition, a writ of summons shall be the form of commencing all proceedings:
(a) where a claimant claims:
(1) 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) where the claim is based on or includes an allegation of fraud; or
(c) where an interested person claims a declaration.

Mode of beginning civil proceeding

(1) All proceedings in the court shall be commenced by e-filing of the relevant processes at the RIVCOMIS platform or any other platform that the Chief Judge may direct in writing.
(2) All originating processes commenced by writ of summons including matters not covered by the Rules of the High Court shall be accompanied by:
(a) statement of claim;
(b) list of witnesses to be called at the trial;
(c) written statements on oath of the witnesses: provided that in the case of a witness under subpoena a witness summary shall be sufficient.

(3) In these Rules, witness summary means:
evidence if known, which would otherwise be included in a witness statement, or
(b) the matters about which the party serving the witness summary proposes to question the witness, where the evidence is not known:
(b) affidavit by counsel or the party to the effect that no similar or same matter is pending in any court between the same parties or their privies and if any exists, to disclose full particulars of the suits.
(d) copies of every document to be relied on at the trial, provided that dispute survey plans need not be filed at the commencement of the suit, but shall be filed within a time as may be ordered by the Court on any application made under sub-rule (2);
(e) copies of flash drives or compact disc of every video or audio or other electronic evidence to be relied up at the trial;
(f) in cases requiring affidavit evidence, a written address.

(4) Written statement on oath shall:
(a) be in prose form;
(b) not be a reproduction of the pleadings.

(5) An affidavit shall have the full name of the deponent, and the Commissioner for Oaths shall not accept any affidavit made in initials, presented for swearing by a person other than the deponent, not in compliance with the Oaths Act.
(6) No application which ought to be taken at the pre-trial hearing stage shall be entertained during the hearing of the case, except in exceptional circumstances and with the leave of Court.
(7) In land matters, a claimant may file a motion on notice along with the originating process for leave to enter the land in dispute for the purpose of making dispute survey plan for the suit.
(8) The claimant and the defendant in any pending case relating to land in any manner shall. by e-filing via RIVCOMIS, file a certificate known as a “LIS PENDENS CERTIFICATE”, and no further steps shall be taken by the Court with respect to the proceedings in the case until after the filing of the certificate.
(9) Upon the delivery of judgement in any case relating to land in any manner or the withdrawal or discontinuance of the case, a LIS PENDENS CERTIFICATE shall, by e-filing via RIVCOMIS, also be filed by the claimant(s) and the defendant(s) in the case.
(10) Searches may be carried out by e-filing via RIVCOMIS with respect to any land subject to litigation or any case relating to land and there shall be a search report with respect to the search known as “LIS PENDENS SEARCH REPORT”.
(11) Where a claimant fails to comply with Rule 2. his originating process shall not be accepted for filing by the Registrar or RIVCOMIS, and if already erroneously accepted and filed, the Judge shall strike it out as incompetent.

Form of Writ: Civil Form 1

Except where different forms are provided in these rules, the writ of summons shall be in Form 1 with any modification or variation as circumstances may require.

Form of writ for service out of Nigeria Civil Form 2

A writ of summons to be served out of Nigeria shall be in Form 2 with any modification or variation as circumstances may require.

Proceedings which may be begun by originating summons

Any person claiming to be interested 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.

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 on a question of construction of an enactment, may apply by originating summons for the determination of the 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 question of construction if in his opinion, it ought not to be determined on originating summons but may make any orders as he deems fit.

Forms of originating summons Civil Forms 3, 4, 5

(1) An originating summons shall be:
(a) in Forms 3. 4 or 5 to these Rules, with any variation as circumstances may require;
(b) prepared by the applicant or his Legal Practitioner; and
(b) signed, stamped and filed in the Registry, and when signed, stamped and filed, shall be deemed to be issued.

(2) An originating summons shall be accompanied by;
(a) an affidavit setting out the facts relied upon;
(b) all the exhibits to be relied upon:
(c) a written address in support of the application.

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

Defendant challenging jurisdiction in matters brought by originating summons

Where the defendant is challenging the jurisdiction of the court to entertain the suit. he may apply to the court for an order striking out the suit or setting aside the proceeding.

Preliminary objection

10.

The preliminary objection shall be by motion on notice and filed with the counter affidavit to the main suit.

Preliminary objection to be heard with main suit

11.

On the hearing date, the preliminary objection shall be heard together with the main suit.

Order to be made

12.

The court after hearing the application, may make an order:
(a) striking out the suit for want of jurisdiction; or
(b) setting aside the service of the originating summons.

Judgment

13.

Where the court does not decline jurisdiction, it shall proceed to give its judgment on the substantive suit.

Service outside Rivers State

14.

Subject to the provisions of the Sheriffs and Civil Process Act, a writ of summons or any other originating process issued by the Court for service in Nigeria outside Rivers 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 Rivers State of Nigeria and in the……………………… State”.

Registrar to indicate date and time

15.

(1) The Registrar shall indicate the date and time of presentation for filing on every originating process presented to him and shall arrange for service of the originating process to be effected.
(2) An originating process shall not be altered after it is signed and stamped, except on application to a Judge.
All processes filed in the Court shall be in legible typed form and on good quality white A4 paper, with a minimum of font size 12 and one and a half line spacing and serially paginated.
(1) The Chief Judge shall. notwithstanding anything to the contrary, exercise discretion to make exceptions where necessary to allow for manual filing of processes where the e- filing system is experiencing technical glitches or is under maintenance or in cases
of extreme urgency, and the approval or discretion of the Chief Judge must first be heard and obtained in writing.
(2) Notwithstanding the procedure specified in sub-rule (1), any process that has been exempted shall be uploaded thereafter on the e-filing platform, and all subsequent filing therein shall be by e-filing
Where a matter has been transferred to the Court from any other Court of competent jurisdiction, all the life process in the case shall be refiled via RIVCOMIS platform in compliance with Order 3 Rule 2.

ORDER 4

Objectives

The main aim of this procedure is to reduce the time spent on litigation to a period not exceeding 10 months from the commencement of the action until final judgment.

Cases qualified for fast track

A matter shall qualify for fast track where the:
(a) action is commenced by writ of summons;
(b) the claim or counter claim is for liquidated monetary relief of a sum for not less than N500,000,000.00 or the equivalent;
(c) action or cause is one involving a deceased whose remains is yet to be interred as a result of the litigation;
(d) cause of action is one that has been pending in Court for at least 10 years and in which hearing is yet to commence;
(e) cause of action is one which the Chief Judge in appropriate circumstances so designates; or
(f) cause of action is one involving the administration of estate where the beneficiaries are minors.

Endorsement and payment of filling fees

Where a case satisfies any of the criteria in Rule 2, any of the parties may apply to the Assistant Chief Registrar or any other person in charge of litigation section that the suit be approved for FAST TRACK, and if the officer approves, the officer shall cause the originating process to be marked “QUALIFIED FOR FAST TRACK” and direct the applicant to pay the appropriate filing fees.

Filing of defence and reply

Except for Rule 2(e) above, the originating process under this Order shall be served within 14 days of fling

Service of originating process

(1) Upon service of the originating process, the defendant shall file his statement of defence and other front-loaded processes within 211 days.
(2) The claimant shall be entitled to file a reply within 7 days of service of the statement of defence provided that sub-rules (1) and (2) shall not apply to cases where pleadings have already been settled.

Pre-trial conference

(1) The claimant shall file requisite pre-trial notices and information within 5 days of the close of pleadings.
(2) Where the claimant does not comply with sub-rule (1), the defendant may do so or apply for an order to dismiss the action.
(3) The pre-trial conference shall be held daily and adjourned only for the purpose of compliance with the pre-trial conference order.
(4) The pre-trial conference stage shall be completed within a period of 10 days.
(5) Where an extension of time is necessary or an application is made by either party, the Judge may allow the pre-trial conference to continue for a further period of 5 days or any other lesser period as the Judge deems fit.

Trial directions

(1) At the pre-trial conference, the Judge shall give directions for trial including a trial time table which he considers appropriate.
(2) Where there has been a change in circumstances after trial directions were agreed on, the judge may set aside or vary any of the directions on an application by either party or suo motu
(3) Where the Judge varies any Direction because of a defaulting party or his counsel, it may impose costs and daily default fees as
prescribed in the Rules.
(4) Where a party has failed to comply with the Court’s direction, any other party may apply for an order to enforce compliance or for a sanction to be imposed or both.

Adjournment

(1) Except the judge directs otherwise, the trial shall be conducted daily and in accordance with any order previously made
(2) No trial shall be adjourned, save for exceptional circumstances.

Trial and address

(1) The trial period including the final address by Counsel shall not be later than 180 days from the date the trial directions are made provided that;
(a) where the party beginning has concluded his case, the judge shall ask the other party if he intends to call evidence;
(b) where the other party does not intend to call evidence, the party beginning shall within 10 days after close of evidence, file a written address;
(c) upon being served with the written address, the other party shall, within 10 days, file his own written address;
(d) where the other party calls evidence, he shall within 10 days after the close of evidence file a written address;
(e) upon being served with the other party’s written address, the party beginning shall, within 10 days, file his own written address;
(f) the party who files the first address has the right of reply on point of law which shall be filed within 5 days after service of the other party’s address;
(g) where the time for filing of written address has elapsed and neither party filed any address, the Judge shall proceed to Judgment on the pleadings and evidence before him.

(2) The Judge shall deliver judgment on all fast-track cases within 60 days of adoption of final address.

ORDER 5

Application

(1) This order shall apply to cases and proceedings relating to the revenue of the State Government; in which the State Government or any of its departments, agencies and parastatals is suing or being sued.
(2) The Deputy Chief Registrar (litigation) or any other person in charge of the litigation section shall cause the originating process to be marked as “qualified for fast-track”.

Revenue Court

The Chief Judge shall designate any number of courts he considers sufficient in the High Court of Rivers State as “Revenue Courts” for the purpose of hearing all cases under this Order.

Commencement

(1) An action under this Order shall be commenced by filing a petition setting out the name and description of the petitioner and the respondents as in form 41, with any modification and variation the circumstances may require.
(2) A petition shall be accompanied by an affidavit verifying the facts deposed to by the petitioner together with the exhibits and written address.
(3) Subject to this rule, where the petition is for recovery of taxes as debt due to the State tax authority, the petition shall be accompanied by a certificate issued by the authority pursuant to section 78 (3) of the Personal Income Tax Act 2004 or any other law applicable in Rivers State.

Further information

(1) A petition under this order shall refer to the enactment under which the claim for payment, account, information or the production of books is claimed or required.
(2) Where information is required, the petitioner shall show sufficient particulars of the information required.
(3) The production of certificates referred to under Rule 3 (3) is sufficient evidence of the amount due and ground for the court to give judgement for the amount.

Payment of amount due

(1) Where the Respondent is a taxpayer and does not dispute the reliefs in the petition, he shall within 14 days after service of the petition on him, pay into the account of the State government or to the tax authority, the amount alleged to be due from him as revenue to the State Government.
(2) Where the Respondent makes a payment under sub-rule (1), the proceedings against the respondent shall be discontinued by the petitioner or struck out by the court.

Payment by instalments

Where the respondent does not dispute the reliefs in the petition but is unable to pay the total amount alleged to be due from him within 14 days as provided in rule 5(1), he shall file an application for payment by instalments before the court, stating the total debt owed and a repayment schedule which shall not exceed 5 months from the date judgement is entered against him.

Filing of answer

(1) Where the respondent denies knowledge of the tax assessment and other notices in the petition, he shall file his answer within 1o days from the service of the petition.
(2) The answer shall be by an affidavit deposed to by the respondents with accompanying exhibits and a written address setting out the facts relied on in opposition to the petition.

Further Affidavit

Where the petitioner is served with the answer, he may within 7 days of the service, file a further affidavit together with a written address and shall serve same on the respondent within 3 days of filing.

Hearing and Determination

(1) A petition shall be heard and determined within 21 days after the expiration of the time limited for filing and service of the reply under this order.
(2) The hearing of a petition may, as far as possible, be held daily.

Default to answer

10.

Where the respondent fails to file his answer within the time provided in this order, the petitioner shall apply to the court that judgement be entered against the respondent.

11.

In this order unless the context otherwise requires;
“Government” means the Government of Rivers State or Local Government Council in Rivers State, or any person authorised on their behalf; and
“Revenue” means any sum due or allegedly due to the government in form of levy, charge, tax, rate, or dues under any law.

ORDER 6

Indorsement

Every originating process shall contain the claim, the relief or remedy sought, and the full name, address, email address and telephone number of the claimant.

Indorsement to show representation 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.

Indorsed where the claim is liquidated

Where the claim is for debt or liquidated demand only, the originating process shall state:
(a) the amount claimed for debt or in respect of the demand with costs; and
(b) that the defendant may pay the amount with costs to the claimant’s Legal Practitioner within the time allowed for appearance and that upon the 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 cost is disallowed, the claimant’s Legal Practitioner shall pay the cost of taxation.

Ordinary account

Where a claimant in the first instance desires to have an account taken, the originating process shall state so.

Indorsement of address by claimant or by Legal Practitioner

(1) A claimant suing in person shall state on the originating process as his address for service, his:
(a) residential or business address;
(b) email address;
(c) telephone number, and where the claimant lives and carries on business outside the jurisdiction, he shall state his address within the jurisdiction.
(2) Where a claimant sues through a Legal Practitioner, the Legal Practitioner shall state on his originating process as his address for service, his:
(a) chambers address;
(b) email address;
(c) phone number

and where the Legal Practitioner is based outside the jurisdiction, he shall state his email and chambers address within the jurisdiction.

Indorsement as to address

Where an originating process is to be served on a defendant outside the jurisdiction, the process shall state the address required in Rule 6.

Originating process without an address or with fictitious address

Where the originating process does not state an address for service, it shall not be accepted and if the address is illusory, fictitious or misleading the process may be set aside by a Judge on the application of the defendant.

ORDER 7

Non-compliance with Rules

(1) Where at any stage in the course of or in connection with any proceedings there has, by reason of anything done or left undone
been a failure to comply with the requirements as to time. place, manner, or form, the failure shall be treated as an irregularity and may not nullify the step taken in the proceedings, and the Judge may give any direction he deems fit to regularize the steps.
(2) 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 under this Rule may be made by summons or motion and the grounds of objection shall be stated in the summons or notice of motion.

ORDER 8

Preparing originating process

An Originating process shall be prepared by a claimant or his Legal Practitioner, and shall be clearly printed on good quality white opaque paper.

Signing and stamping of originating process

(1) The Registrar shall sign and stamp 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 signing and stamping. leave with the Registrar as many copies of the process as there are defendants to be served and one copy for endorsement of service.

(3) Each copy shall be:
(a) signed and stamped by the Legal Practitioner or by a claimant where he sues in person; and
(b) certified after verification by the Registrar as being a true copy of the original process filed.

What is to be done after signing and stamping

(1) The Registrar shall after signing and stamping 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 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).

Probate actions affidavit with originating process

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.

Renewal of originating process; Civil Form 6

(1) The life span of every originating process is 6 months.
(2) Where a Judge is satisfied that it has proved impossible to serve an originating process on any defendant within its life span and a claimant applies before or after its expiration for renewal of the process, the Judge may renew the original or concurrent process for 3 months from the date of the renewal, and a renewed originating process shall be in Form 6 with any modifications or variations that circumstances may require.

Indorsement of renewal

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

Loss of originating process

Where an originating process is lost, and a copy of it exists, the Judge may, on being satisfied of the correctness of the copy, make an order that the existing copy be filed, signed and stamped in place of the lost originating process.

Concurrent originating process

A claimant may at the issuance of an originating process or at any stage during its life span, cause be issued one or more concurrent originating processes each of which shall 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

10.

An originating process for service within 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 jurisdiction may be issued and marked as a concurrent originating process with one for service within jurisdiction.

ORDER 9

Means by which service is to be effected

(1) Service of originating process shall be made by a Sheriff, Deputy Sheriff, Bailiff, Special Marshal or other officer of the court, and the Chief Judge may also appoint and register any Law Chambers, Courier Company or any other person to serve court processes.
(2) A person given the responsibility of serving court processes under sub-rule (1) shall be called a process server.
(3) Where a party is represented by a Legal Practitioner, service of court process of which personal service is not required may be made on the Legal Practitioner or on a person under his control.
(4) Service of all non-originating Court processes may be made by electronic means such as email, WhatsApp, Facebook, World Wide Web e.t.c, posted to the electronic address of the person to be served, in addition to being posted on RIVCOMIS platform or any other platform that the Chief Judge may direct in writing. and printout of the electronic service shall be confirmation of the service.

Service of originating process

The process server shall serve an originating process by delivering to the party to be served a copy of the process duly certified as prescribed by Order 8 Rule 2 (3).

When originating process need not be served 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 the Legal Practitioner enters appearance:

Providing that the written authority shall be attached to the memorandum of appearance filed by the 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 given under Order 6 Rule 6.

Substituted service

(1) Where personal service of an originating process is required by these Rules or otherwise and a Judge is satisfied that prompt personal service cannot be effected, the Judge may on application by the claimant, make an order for substituted service as may seem just.
(2) Every application to the Judge for substituted service shall be supported by an affidavit setting forth the grounds on which the application is made.

Persons under legal disability

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

Prisoner or detainee

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

Partners

Where persons are sued as partners in the name of their firm, the originating process shall be served on anyone or more of the partners within the jurisdiction or on any person having control or management of the partnership business, and the service shall be deemed good service on the firm, whether any of the partners is 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 a partnership that has been dissolved to the knowledge of the claimant before the commencement of the action, the originating process shall be served on every member of the dissolved partnership within the jurisdiction sought to be made liable.

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 organisation by delivery to a director, secretary, trustee or other senior, principal or responsible officer of the organisation, or by leaving it at the registered, principal or advertised office or place of business of the organisation within the jurisdiction:

Provided that where service cannot be effected as required above, the Judge may on application by the claimant make an Order for substituted service as he deems fit.

Foreign Corporation or Company

10.

(1) Where the suit is against a foreign corporation or company within the meaning of Section 78 of the Companies and Allied Matters Act 2020 having an office and carrying on business within the jurisdiction, and the 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 the foreign corporation or company within the jurisdiction:

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

(2) Where service cannot be effected as required in Rule 10(1). the Judge may on application by the Claimant, make an order for substituted service as may seem just.

Local agent of principal who is out of jurisdiction

11.

(1) Where a contract has been entered into within the jurisdiction by or through an agent residing or carrying on business within the jurisdiction on behalf of a principal residing or carrying on business out of the jurisdiction, an originating process in an action relating to or arising out of the contract may, before the determination of the agent’s authority or of his business relations with the principal, be served on the agent.
(2) A copy of the originating process shall be sent promptly by the claimant by a courier company registered as a process server under Rule 1, at the principal’s address out of jurisdiction.

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

Where violence threatened

12.

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

Proof of service generally

13.

(1) After serving any process, the process server shall promptly depose to and file an affidavit setting out the fact, date, time, place, mode of service and description of the process served and shall, except in the circumstance mentioned in Rules 5, 9, 10 and 12, exhibit the acknowledgment of service.
(2) After service, the affidavit of service shall be prima facie proof of service.

Expenses of service generally

14.

(1) The party requiring service of any process shall pay in advance all costs and expenses of and incidental to service.
(2) The rate for service shall be as prescribed by the High Court Rules Committee.

Time of service on certain days

15.

(1) Service of originating and other processes, pleadings, notices, summons, orders, and documents whatsoever shall be effected between the hours of 6:00am in the morning and 6:00pm in the evening
(2) Save in exceptional circumstances and as may be authorised by a Judge, service shall not be effected on a Sunday or on a public
holiday.
(3) Any service effected outside the time and days prescribed by this Rules shall be deemed to have been effected on the next working day following.

Recording of service

16.

(1) A register shall be kept at the Registry in a form that the Chief Judge may direct for recording service of 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 the register or certified copy of the entry shall be prima facie evidence of the matters stated in the register.

ORDER 10

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:
(b) any act, deed, Will, contract, obligation, or liability affecting land or hereditaments situate within jurisdiction is sought to be construed, rectified, set aside or enforced;
(c) any relief is sought against any person domiciled or ordinarily resident within jurisdiction;
(d) the claim is for the administration of the personal estate of any deceased person, who at the time of his death was domiciled within jurisdiction or for the execution, as to property situate within jurisdiction, of the trusts of any written instrument, which ought to be executed according to the law in force in Rivers State;
(e) the claim is brought against the defendant to enforce, rescind, dissolve, annul or affect a contract or to recover damages or other relief for or in respect of a contract:
(i) 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
(ii) which by its terms or by implication is to be governed by the applicable law in Rivers State, or the parties have agreed that the court shall have jurisdiction to entertain any claim in respect of the contract, or is brought against the defendant in respect of a breach committed within jurisdiction, of a contract wherever made notwithstanding that the 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;
(ii) the claim is founded on a tort or other civil wrong committed within jurisdiction; or
(iv) an injunction is sought in respect of anything to be done within jurisdiction, or any nuisance within jurisdiction is sought to be prevented or removed, whether or not damages are sought in respect thereof:

(f) any person out of the jurisdiction is a necessary or a proper party to an action properly brought against another person duly served within jurisdiction;
(g) the claim is by a mortgagee or mortgagor in relation to a mortgage of property situate within jurisdiction and seeks relief of the nature or kind following. that is, sale, foreclosure, delivery of possession by the mortgagor, redemption reconveyance, delivery of possession by the mortgagee, but does not seek, unless and except so far as permissible under paragraph (e) of this Rule, any judgment or order for payment of any monies due under the mortgage:
(h) the proceedings relate to a person under legal disability:
(i) the proceedings relate to a probate matter, or
(j) where any proceedings under any law or rule of court have been instituted by any 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:

Civil Form 7
(a) 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 in the English language, and with a request for its further transmission to the appropriate authority in that country, and the request shall be in Form 7 with any modification or variation as circumstances may require;

Civil Form 8
(b) a party wishing to serve a process under this Rule shall file a praecipe in Form 8 with any modification or variation as circumstances may require;
(c) a certificate, declaration, affidavit or other notification of due service transmitted through diplomatic channels by a court or appropriate authority of the foreign country, to the Court, shall be deemed good and sufficient proof of service;

Civil Form 9
(d) where a certificate, declaration, affidavit or other notification transmitted as aforesaid states that efforts to serve a process have failed, a Judge may, on an exparte application, order substituted service whereupon the process and a copy and the order for substituted service shall be sealed and transmitted to the Solicitor General of the Federation together with a request in Form 9 with any modification or variation as circumstances may require:
Provided that notwithstanding the foregoing provision, a claimant may with leave of a Judge, serve any originating process by courier.

(2) Nothing contained in this Rule shall in any way affect any power of a Judge in cases where lands, funds, chooses in action, rights
or property within the jurisdiction are sought to be dealt with or affected.
(3) The Court may, without assuming jurisdiction over any person out of the jurisdiction, cause the person to be informed of the nature or existence of the proceedings with a view to the person having an opportunity of claiming. opposing or 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:

Civil Form 10
the party desiring the service shall file in the Registry a request in Form 10 with any modification or variation as circumstances may require., and the request shall state the medium through which it is desired that service shall be effected, either:
(i) directly through diplomatic channels, or
(ii) through the foreign judicial authority:

(b) the request shall be accompanied by the original document and a translation of it in the language of the country in which service is to be effected, certified by or on behalf of the person making the request, and a copy of each for every person to be served,
and any further copies which the Convention may require, unless the service is required to be made on a Nigerian subject directly through diplomatic channels in which case the translation and copies thereof need not accompany the request unless the Convention expressly requires that they do so;
(c) the documents to be served shall be sealed with the seal of the Court for use out of the jurisdiction and shall be forwarded by the Chief Registrar to the Permanent Secretary, Federal Ministry of Foreign Affairs for onward transmission to the foreign country;
(d) an official certificate, transmitted through the diplomatic channel by the foreign judicial authority. or by a Nigerian diplomatic agent to the Court, establishing the fact and the date of the service of the document shall be deemed to be sufficient proof of service within the requirements of these Rules.

(2) A Judge, in granting leave to serve a process out of jurisdiction under this Order, may on request therefore in appropriate cases direct that a courier company as in Order 9 Rule 1 be used for effecting service.

Service of Foreign Processes

Where in any civil matter pending before a court or tribunal of a foreign country, a written request from that court or tribunal for service on any person or citation in the matter is transmitted to the Court by the Rivers State Attorney-General with intimation that it is desirable that effect be given to the same, the following procedure shall be adopted:
(a) the written 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 effected shall be by a process server unless a Judge directs otherwise;
(c) the 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 practices 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, and the affidavit shall be transmitted to the Chief Registrar with one copy of the process annexed:
(e) the Chief Registrar shall examine and verify the process server’s particulars of charges and may approve it or approve some lesser figure, whereupon the Chief Judge shall forward to the Attorney-General a copy of the request for service, the approved amount for service, evidence of service and a certificate appended to it.

Inapplicability of Rule 4

Rule 4 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 in any civil suit pending before a court or tribunal in a foreign country with which a Convention in that behalf has been made, request for service of any process or document on any person within the jurisdiction is received by the Chief Judge from the appropriate authority in that country, the following procedure shall, subject to any special provisions in the Convention, be adopted:
(a) the process server shall deliver the original or a copy of the original, along with a copy of its translation to the party to be served;
(b) the process server shall submit the particulars of the costs and expenses of service to the Chief Registrar who shall certify the amount payable in respect of the service:
(c) the Chief Registrar shall transmit to the appropriate foreign authority a certificate establishing the fact and date of service, or indicating reasons for failure to serve, and also notify the authority as to the amount certified under paragraph (b).

Substituted service of foreign process

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

ORDER 11

Mode of entry of appearance Civil Form 11

(1) A of appearance defendant served with an originating process shall, within the period prescribed in the process for appearance, file in the Registry the original and copies of a duly completed and signed memorandum of appearance with his address and an email address thereto endorsed as in Form 11 with any modification or variation as circumstances may require.
(2) Where the Registrar receives the memorandum of appearance, he shall make entry of it, sign and stamp the copy indicating
the date he received it and return the signed and stamped copy to the person making the appearance.
(3) A defendant entering appearance shall not later than 5 days hereafter, serve a signed and stamped copy of the memorandum of appearance on a claimant’s Legal Practitioner or on 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 his address, an email address and phone number for service which shall be within Rivers State.
(2) Where a defendant appears by a Legal Practitioner, the Legal Practitioner shall state in the memorandum of appearance his place of business, an address for service within jurisdiction, email address, and telephone number. Where the Legal Practitioner is only the agent of another Legal Practitioner, he shall insert the name and place of business of the principal Legal Practitioner.

Fictitious address

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

Defendants appearing through same Legal Practitioner

Where 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 appearing.

Late appearance

(1) Where a defendant files an appearance after the time prescribed in the originating process, he shall pay to the Court an additional fee approved by the High Court Rules Committee in a schedule of fees for each day of default.
(2) Where the defendant appears late but within the time prescribed for filing his defence, he shall file his defence within that time.

Intervener in Probate matter

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

A 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

A 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

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

Tenant

10.

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

ORDER 12

Default of appearance by person under legal disability

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

Default of appearance generally

Where any defendant fails to appear, a claimant may proceed upon default of appearance under the appropriate provisions of these rules upon proof of service of the originating process.

Liquidated demand

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 a lesser sum and interest as a Judge may order.

Liquidated demand; several defendants

Where the claim in the originating process is a liquidated demand and there are several defendants of whom one or more appear to the process and another or others fail to appear, a claimant may apply to a Judge for judgment against those who have not appeared 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 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) The value of the goods and the damages or the damages only as the case may be, shall be ascertained in a manner and subject to the filing of any particulars as a Judge may direct before judgment in respect of that part of the claim.

Several defendants

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

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) The value of the goods and the damages, or the damages only shall be ascertained in a manner and subject to the filing of any particulars as a Judge may direct before judgment in respect of that part of the claim.

Recovery of land

Where no appearance is entered within the time prescribed in the originating process in a claim for recovery of land or where an appearance is entered but the defence limited to part only, a claimant may 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, arrears of rent, damages for breach rent of contract or wrong or injury to the premises, he may apply for judgment as in Rule 8 for the land, and may proceed to prove the other claims.

Judgment for costs; upon payment, satisfaction etc.

10.

Where Rules 3, 4, 5, 6, 7 and 8 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:

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

Setting aside Judgment

11.

Where judgment is entered pursuant to any of the preceding Rules of this Order, a Judge may set aside or vary the judgment on terms upon an application by the defendant, and the application shall be made within 7 days, showing a good defence to the claim and a just cause for the default.

Default of appearance in actions not otherwise specifically provided for

12.

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

13.

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

ORDER 13

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 the statement of claim, the exhibits, the depositions of his witnesses and an application for summary judgment which application shall be supported by an affidavit stating the ground for his belief and a written brief 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 as there are defendants.

Service

Service of all the processes and documents referred to in Rule 1 shall be effected in the manner provided under Order 9.

Where defendant intends to defend

Where a party served with the processes and documents referred to in Rule 1 intends to defend the suit he shall, not later than the time prescribed for defence, file:
(a) his statement of defence;
(b) depositions of his witnesses;
(c) exhibits to be used in his defence, and
(d) a written brief 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 a 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 thereupon 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 be permitted to defend the former may be permitted to defend and the Judge shall enter judgment against the latter.

Oral submission on written brief

Where provision is made for written briefs under these Rules, each party shall be at liberty to advance before a Judge oral submission of not more than 10 minutes to expatiate his written brief.

The Undefined List, Writ and Affidavit

II UNDEFEINED LIST

(1) Where a claimant in respect of a claim to recover a debt or liquidated money demand believes that there is no defence to his claim, he shall commence the action to recover the debt or liquidated money demand by a writ of summons marked “undefended list” and shall support the writ with an affidavit setting forth the grounds upon which the claim is oased and stating that in the deponent’s belief there was no defence thereto.
(2) The Writ of Summons shall be as in form 1B with any modification or variation as circumstances may require and shall exclude compliance with Order 3 Rule 2.
(3) Every undefended suit shall be served along with a hearing notice stating the Court and the date of hearing.

Copy of affidavit to be served

There shall be delivered by the Claimant to the Registrar on the issue of the writ of summons as many copies of the affidavit as there are parties against whom relief is sought, and the Registrar shall annex one such copy to each copy of the writ of summons for service together with a hearing notice and forward same for assignment.

Notice of intention defend

10.

Where the party served with the writ of summons and affidavit delivers to the Registrar, not less than 5 days before the day fixed for hearing, a notice in Writing that he intends to defend the suit, together with an affidavit disclosing a defence on the merit the Court shall, if satisfied, remove the suit from the undefended list and place it on the General Cause List, and the Claimant shall comply with Order 3 Rule 2 and the case shall proceed in the normal way.

Judgment in undefined suit

11.

Where a defendant neglects to deliver the notice of intention to defend and affidavit prescribed by Rule 10 or the affidavit does not disclose a defence on the merit, and the Court is satisfied that the suit is one that ought to be heard under the Undefended List, it shall be heard as an undefended suit, and judgment given thereon, without calling upon the claimant to prove his case formally.

Oral evidence

12.

Nothing herein shall preclude the Court upon placing the case on the General Cause List from hearing the suit based on affidavit evidence or requiring oral evidence should it so think fit, at any stage of the proceedings under Rule 10.

ORDER 14

Order for account

Where in an originating process a claimant seeks an account under Order 6 Rule 5, or where the claim involves taking an account, if the defendant either fails to appear, or after appearance fails to satisfy the 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 direction.

Application how made

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

Account may be taken by a Judge or Referee

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

ORDER 15

Person claiming jointly or severally

(i) PARTIES GENERALLY

All persons may be joined in one action as claimants in whom any right to relief arising out of the same transaction or series of related transactions is alleged to exist, whether jointly or severally, and judgment may be given for one or more of the claimants as may be found to be entitled to relief and for the relief as he or they may be entitled to, without any amendment.

Action in 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 claimant name of the right claimant, a Judge may order the substitution or addition of any other person as claimant on terms as may be just.

Misjoinder and counter-claim

Where, in commencing an action, a person has been wrongly or improperly included as a claimant and a defendant has set up a counterclaim or set-off, the defendant may establish his counterclaim or set-off as against the parties other than a claimant included: notwithstanding the inclusion of the claimant or any proceeding based thereon.

Any person may be joined as defendant

(1) A 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 the name of a defendant has been incorrectly stated, a Judge may on application order a substitution or addition of any person as defendant or correction of the name on any term as may be just.

Defendant need not be interest in all the reliefs sought

(1) It shall not be necessary that every defendant shall be interested as to all the reliefs prayed for, or as to every cause of action included in any proceedings against him.
(2) A Judge on considering the defence filed by any defendant, may on application by the defendant, make an order as may appear just to prevent him 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 us to be sought

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

Persons under legal disability

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

Guardian

10.

Where a person’s name is to be used in any action as the guardian of a person under legal disability or other party, or as relation, a written affidavit for that purpose deposed by that person shall be filed in the Registry.

Trustees, executors etc. may be sued as representing the state

11.

(1) Trustees, executors and administrators:
(a) may sue and be sued on behalf of or as representing the property or estate which they represent without joining any of the persons beneficially interested in the trust or estate; and
(b) shall be considered as representing the persons,
but a Judge may, at any stage of the proceedings order any of the persons to be made parties in addition to or in lieu of the previously existing parties.
(2) This Rule shall apply to trustees, executors and administrators in proceedings to enforce a security by foreclosure or otherwise.

Numerous person

12.

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

Representing of persons or classes of persons in certain proceeding

13.

(1) Where in any proceedings concerning:
(a) the administration of an estate;
(b) property subject toa trust:
(c) land held under customary law as family or community property: or
(d) the construction of any written instrument, including a statute, a Judge is satisfied that:
(i) the person, the class or some members of the class interested cannot be ascertained or cannot readily be ascertained or if ascertainable cannot be found;
(ii) the person, the class or some members of the class interested, if ascertained cannot be found;
(iii) though the person or the class and the members thereof can be ascertained and found;

it is expedient for the purpose of efficient procedure that one or more persons be appointed to represent that person or class or member of the class, the Judge may make the appointment and the decision of the Judge in the proceedings shall be binding on the person or class of persons represented.

(2) Notice of appointment made by a Judge under this rule and all processes filed in court shall be served on a person appointed.
(3) If in any proceedings mentioned in sub-rule (1), several persons having the same interest in relation to the matter to be determined attend the hearing by separate Legal Practitioners, and the judgment or order shall be framed accordingly, 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.
(4) In this Rule, the word “class” includes the persons recognised by Customary Law as members of a family or as members of a landowning Community.

Power to approve compromise

14.

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

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

Where there is no personal representative

15.

(1) Where in any proceedings it appears to a Judge that any deceased person who was interested in the proceedings has no legal personal representative, the Judge may proceed in the absence of any person representing the estate of the deceased person, or may appoint persons to represent his estate for the purpose of the proceeding.
(2) Notice of the order shall be given to the person as the Judge deems fit, either specifically, or generally and the Order made shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased had been a party to the proceedings.
(3) Where a sole or sole surviving claimant or defendant in a proceeding dies and the cause of action survives but the person entitled to proceed fails to proceed, a Judge may on the application of either the deceased’s Legal Practitioner or the opposing party, order any person to take the place of the said deceased and proceed with the suit.
(4) In default of the application under sub-rule (3) or where the person substituted fails to proceed, judgment may be entered for the defendant or 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 so far as regards the rights and interests of the parties actually before him.
(2) A Judge may at any stage of the proceedings. either on or without the application of either party, and on terms that 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 name of a party who ought to have been joined or whose presence before the court is necessary to effectually and completely adjudicate on 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 a defendant shall be served with the originating processes or notice in the manner prescribed in these Rules or in a manner as a Judge may prescribe, and the proceedings against the person shall be deemed to have begun on the service of the originating processes or notice.

Application to add or strike out

17.

(1) An 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 statement of claim or defence, all the exhibits intended to be used and the depositions of all the witnesses, provided that where the application is to substitute a deceased party with another person, the application may not be accompanied by the documents specified above.

Where defendant is added

18.

(1) Where a defendant is added or substituted, the originating process shall be amended accordingly and the claimant shall, unless the Judge orders otherwise, file an amended originating process and cause the new defendant to be served in the same manner as the original defendant.
(2) All parties in the action shall amend all pending processes and serve the same on the new defendant.

Third Parties may be joined by any of the defendants

19.

(1) Where it appears to a Judge that a person not a party in the proceedings may bear eventually liability, either in whole or in part, in Judge may, on an exparte application, allow the person to be joined as a Third Party by any of the defendants, and the application shall state the grounds for the applicant’s belief that the 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 any further time as a Judge may order.

Default by Third Party

21.

Where a Third Party duly served with the order and all existing processes does not enter an appearance or makes default in filing any pleading, he shall be deemed to admit the validity of and shall be bound by any judgment given in an 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 joined.

Claim against co-defendant

23.

A Defendant may in his pleading make a claim against a co-defendant.

Actions by and against firms

24.

(ii) Actions against Firms and Persons carrying on Business in names other than their own.

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

Disclosure of partners’ names

25.

(1) Where an originating process is issued by partners in the name of their firm, the claimants or their Legal Practitioner shall, on demand in writing by or on behalf of any defendant declare in writing the names and residential addresses of all the persons constituting the firm on whose behalf the action is brought.
(2) Where the claimants or their Legal Practitioner fail to comply with the demand, the action may on an application for that purpose, be struck out or dismissed as the Judge may consider appropriate.
(3) Where the names of the partners are declared, the suit shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as claimants in the originating process provided that the proceedings may continue in the name of the firm.

Appearance of partners

26.

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

Application of Rules to actions between co-partners

27.

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

Person trading as firms

28.

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

Action not abated where cause of action survives

29.

(iii) Change of Parties by Death or Otherwise, etc.

No proceedings shall abate or become defective by:
(a) reason of death or bankruptcy of any of the parties, if the cause of action survives, and
(b) the assignment, creation or devolution of any estate or title pendente lite, and, whether the cause of action survives or not,
(c) reason of the death of either party between the finding on issues of fact and judgment, but judgment may in the case be entered, notwithstanding the death.

Order to carry on proceedings

30.

(1) Where by reason of:
(a) death or bankruptcy:
(b) any other event occurring after the commencement of a proceedings, a change or transmission of interest or liability occurs; or
(c) any person interested coming into existence after the commencement of the proceedings, it becomes necessary or desirable that any person not already a party should be made a party or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties and the new party or parties may be obtained ex parte on an allegation of the change or transmission of interest or liability, or of the person interested having turned up.
(2) An order obtained under this Rule shall be served on the continuing party or parties, or their Legal Practitioner and on the new party, unless the person making the application is the new party.
(3) Every person served who is not already a party to the proceedings applicable, enter an appearance thereto shall, where within the same time and in the same manner as if he had been served with the originating process, and shall thereupon be served with the originating and all existing processes.
(4) Any party served under this Rule who was not already a party to the proceedings shall file his pleading 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, creation or devolution of any estate or title pendente lite, the matter may be continued by or against the person to or on whom the estate or title has come or devolved.

Application to discharge order by person under disability having a guardian

32.

Where a 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, the person may apply to a Judge to discharge or vary the order at any time within 14 days from the service of the order.

By persons under disability having no guardian

33.

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

Act that may be done by Legal Practitioner or agent

34.

(iv) Legal Practitioners or Agents

Where by these Rules an act may be done by any party in any proceedings, the act may be done either by the party in person, or by his Legal Practitioner, or by his agent, unless an agent is expressly barred under these Rules.

ORDER 16

All causes of action may be joined

Subject to the following Rules of this Order, the claimant may unite in the same action several causes of action, but where it appears that they cannot be conveniently tried or disposed of together, a Judge may order separate trials of the cause of action or may make an order necessary or expedient for the separate disposal thereof.

Recovery of land

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

Executor and administrator

Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last mentioned claims are alleged to arise with reference to the estate in respect of which the claimant or defendant sues or issued as administrator.

Claims by joint claimants

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

ORDER 17

Filing of pleadings

(1) A statement of claim shall include the relief or remedy to which a claimant claims to be entitled.
(2) A defendant shall file his statement of defence or any counterclaim, not later than 42 days after service on him of the claimant’s
originating process and accompanying documents.
(3) A counterclaim shall have the same effect as a cross action, so as to enable the court pronounce a final judgment in the same proceedings, and a set-off must be specifically pleaded.
(4) A claimant shall within 14 days of service of the statement of defence and any counterclaim, file his reply to the defence or counterclaim:
Provided that where a defendant sets up a counterclaim, if a claimant or any other person named as party to the counter-claim contends that the claim raised ought not to be disposed of by way of counterclaim, but in an independent proceeding, a Judge may at any time order that the counterclaim be excluded.

Pleadings to state material facts and not evidence

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

How facts to be stated
(4) The facts shall be alleged positively. Precisely and distinctly, and as briefly as is consistent with a clear statement.

Particulars to be given where necessary

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

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

Denial

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

Conditions Precedent

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

Certain facts to be specially pleaded

(1) All grounds of defence or reply which make an action or counterclaim not maintainable or if not raised will take the opposite party by surprise or will raise issues of facts not arising out of the preceding pleadings shall be specifically pleaded.
(2) Where a party raises any ground which makes a transaction void or voidable, or matters like fraud, Limitation Law, release, payment, performance, facts showing insufficiency in contract or illegality either by any enactment or by common law, he shall specifically plead same.

Pleadings to be consistent

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

Joinder of issues

A party may by his pleadings join issues on the pleadings of the opposing party and the joinder of issues shall operate as a denial of every mater1a allegation of fact in the pleading on which the issue Is Joined, except any fact which the party may De willing to admit.

Effects of documents to be stated

10.

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

Notice

11.

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

Implied contract or relation

12.

(1) Where any contract or any relation between any persons is to be implied from a series of letters or conversations, or from a number of circumstances, it is sufficient to allege the contract or relation as a fact, and to refer generally to the letters, conversations or circumstances without setting them out in detail.
(2) Where under sub-rule (1), the person pleading desires to rely in the alternative on more contracts or relations than one as to be implied from the circumstances, he may state the same in the alternative.

Presumptions of law

13.

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

Stated or settled account

14.

Where the cause of action is a stated or settled account, it shall be alleged with particulars but where 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 alleged 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.

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

Defamation

17.

(1) Where it is material to allege malice fraudulent intention, knowledge or other condition of the mind of any person, it is sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred.
(2) Where in an action for libel or slander, the defendant pleads that any of the words or matters complained of are fair comment on a matter of public interest or were published upon a privileged occasion, the 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 which the malice is to be inferred.
(3) Where in an action for libel or slander, the defendant alleges that in so far as the words complained of consist of statement of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comments of public on a matter 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 pleading discloses no reasonable cause action

18.

(1) The Judge may. at any stage of the proceedings, order to be struck out or amended any pleading or the indorsement of any writ in the action or anything in any pleading or in the indorsement, on the ground that:
(a) It discloses no reasonable cause of action or defence, as the case may be; or
(b) It may prejudice, embarrass or delay the fair trial of the action and may order the action to be stayed or dismissed, or judgment to be entered accordingly.

(2) Where a Judge finds a process under sub-rule (1) to be scandalous, frivolous, vexatious or not disclosing reasonable cause of action, or is otherwise an abuse of the process of Court, the Judge may, award cost against the counsel who filed the process in favour of the opposing party.
(3) No evidence shall be admissible on application under sub-rule (1)(a).
(4) This Rule shall, so far as applicable, apply to an originating summons and a petition as if the summons or petition were a pleading.
(5) No proceedings shall be open to objection on the ground that only a declaratory judgment or order is sought thereby and a Judge may make a binding declaration of right whether any consequential relief is or could be claimed or not.

Close of pleadings

19.

(1) Where a pleading subsequent to reply is not ordered, then, at the expiration of 7 days from the service of the defence or reply, where a reply has been filed. pleadings shall be deemed closed.
(2) Where a pleading ordered, and subsequent to reply is the party who has been ordered or given leave to file the same fails to do within the period limited for the purpose pleadings shall be deemed closed at the expiration of the period so limited:

Provided that this Rule shall not apply to a defence to counterclaim and unless the claimant files a defence to counterclaim, the statements of fact contained in the counterclaim shall, at the expiration of 14 days from the service thereof or of any time 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 18

Statement of claim

(1) Every statement of claim or counterclaim shall state specifically the relief claimed, either singly or in the alternative, and it is not necessary to ask for general or other relief which may be granted as a Judge deems just.
(2) Where the claimant seeks relief in respect of several distinct claims or causes of complaint founded on separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly.
(3) The same rule shall apply where the defendant relies on several distinct grounds of defence, set-off or counterclaim founded on separate and distinct facts.

Claim beyond indorsement

Where a statement of claim is filled, the claimant may alter, modify or extend his claim without any amendment of the indorsement of the Writ:
Provided that the claimant may not change his cause of action indorsed on the writ without amending the Writ.

ORDER 19

Statement of defence

The statement of defence shall be a statement in summary form and shall be supported by copies of documentary evidence, list of witnesses and their written statements on oath.

Evasion denial

(1) Where a party in any pleading denies an allegation of fact in the previous pleading of so the opposite party, he shall not do so evasively, but answer the point of substance.
(2) Where an allegation is made with diverse circumstances, it shall not be sufficient to deny it along with those circumstances, but a full and substantial answer shall be given.

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 defence in denial must deny the receipt of the money or the existence of those facts which are alleged to make the receipt by the defendant a receipt to the use of the claimant.
(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 fact, like the drawing, making. indorsing, accepting, presenting or notice of dishonour of the bill or note.

Denials specifically

Where 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 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 on 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 of counter-claim

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:
(a) 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 the counterclaim were to be enforced by cross action, would be defendants to the cross action; and
(b) deliver his defence to every party to the action within the period which he is required to deliver it to the claimant.

Claim against persons not party. Civil Form 12

Where a person as in Rule 7 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 the service shall be regulated by the same rules as those governing the service of the originating process.
(2) Every defence and counterclaim served under sub-rule (1) shall be indorsed in Form 12 with any modification or variation as circumstances may require;

Appearance by added parties

A person not already a party to the action, who is served with a defence and counterclaim aforesaid, must as appear thereto as if he had been served with an originating process to appear in an action.

Reply counterclaim

10.

A person not already a party to the action, who is named in a defence as a party to a counterclaim thereby made, shall deliver a defence in a mode and manner prescribed under this Order and the provisions of the Order shall apply to the person.

Discontinuance of the claimant’s claim

11.

Where, 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, give judgment for the defendant for the balance, or may otherwise adjudge the defendant any relief to he may be entitled to on the merits of the case.

Grounds of defence

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) Where, after a defence has been delivered along with a set-off or counterclaim, any basis for answer or ground of defence arise to the set-off or counterclaim, it may be raised by the claimant in his reply, in the case of a set-off, or defence to counterclaim, either alone or together with any other ground of reply or defence to counterclaim.

Further defence or reply

14.

Where any ground of defence arises after the defendant has delivered a defence, or after the time limited for his doing so has expired the defendant may, and where any ground of defence to any set-off or counterclaim arises after reply, or after the time limited for delivery of a reply has expired, the claimant may, within 8 days after the ground of defence has arisen or at any subsequent time by leave of a Judge, deliver a further defence or further reply, be setting forth the same.

Concession to defence Civil form 13

15.

Where any defendant in his defence or in any further defence pursuant to Rule 14 alleges any ground of defence which has arisen after the commencement of the action, the claimant may:
(a) concede to the defence, which concession may be in Form 13 with any modification as circumstances may require; and
(b) thereupon obtain judgment up to the time of the pleading of the defence. unless the Judge either before or after the delivery of the concession orders otherwise.

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 on and a written address within 21 days after service of the originating summons.

ORDER 20

Filing of reply

Where the claimant desires to make a reply, he shall file it within 14 days of the service of the defence.

Reply to counter-claim

(1) Where a counterclaim is pleaded, the claimant or defendant to the counterclaim shall file a defence to the counterclaim within 21 days.
(2) The defendant or counterclaimant shall, within 7 days after the service on him of the defence to counter claim, file a reply (rejoinder) to the claimant’s defence to counterclaim.

ORDER 21

Admission of facts

A party may give notice by his pleading, that he admits the truth of the whole or any part of the facts of the case of any other party.

Notice to admit document

(1) Either party may, not later than 7 days before the first pre-trial conference. by notice in writing filed and served, require any other party to admit any document and the party served shall, not later than 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 orders otherwise.
(2) Where a party decides to challenge the authenticity of any document, he shall give notice and state the grounds of his challenge not later than 7 days of service of that document.
(3) Where a party gives notice of non-admission and the document is proved at the trial, the cost of proving the document, which shall not be less than a sum of N5,000.00, shall be paid by the party who has challenged it, unless at the trial or hearing, the Judge shall certify that there were reasonable grounds for not admitting the authenticity of the document.

Notice to admit facts

(1) Either party may, not later than 7 days before the first pre-trial conference by notice in writing filed and served, require any other party to admit any specific fact or facts mentioned in the notice, and the party served shall, not later than 4 days after service, give notice of admission or non-admission of the fact or facts, failing which he shall be deemed to have admitted it unless a Judge orders otherwise.
(2) Any admission made pursuant to the notice shall be deemed to be made only for the purposes of that particular proceedings and not as an admission to be used against the party or any other party than the party giving the notice.
(3) Where there is a refusal or neglect to admit the same within 4 days after service of the notice or within any further time as the Judge may allow, the cost of proving the fact or facts which shall not be less than a sum of N5,000.00, shall be paid by the party refusing or neglecting whatever the result of the proceedings, unless the Judge certifies that the refusal to admit was reasonable or unless the Judge, at any time orders or directs otherwise.

Judgment or Order upon admission of facts

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

Costs of notice were documents unnecessary

Where a notice to admit or produce comprises unnecessary. documents that are not necessary, the costs occasioned thereby which shall not be less than N30,000.00, shall be borne by the party giving the notice.

ORDER 22

Claim for debt or liquidated demand

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

Several defendants defaults of one

Where in any action as in Rule 1 there are several defendants, if one of them defaults as mentioned in Rule 1, the claimant may apply for final judgment against the defendant who defaults and issue execution on the judgment without prejudice to his right to proceed with his action against the other defendants.

Damages and detention of goods

Where the claimant’s claim is for pecuniary damages or for detention of goods with or without a claim for pecuniary damages only, and the defendant or all the defendants, if more than one, defaults as mentioned in Rule 1, the claimant may apply to a Judge for interlocutory judgment against the defendant or defendants and the value of the goods and the damages, or the damages only, shall be ascertained in any way which the Judge may order.

Default of one more defendants

(1) Where in an action as in Rule 3, there are several defendants, if one or more of them default as mentioned in Rule 1. the claimant may apply to a Judge for interlocutory judgment against the defendant or defendants who default and proceed with his action against the others.
(2) Pursuant to sub-rule (1), the value and amount of damages against the defendant who defaults shall be assessed at the trial of the action or issues therein against the other defendants, unless the judge otherwise orders.

Debt or damages and detention of goods or damages

Where the claim is for debt or liquidated demand and for pecuniary damages or for detention of goods with or without a claim for pecuniary damages, and includes a liquidated demand and any defendant defaults as mentioned in Rule 1, the claimant may apply to a Judge for final judgment for the debt or liquidated demand, and may apply for interlocutory Judgment for the value of the goods and damages or the damages only, and proceed as mentioned in Rules 3 and 4.

Recovery of land

Where an action is for the recovery of land, if the defendant defaults as mentioned in Rule 1, the claimant may apply for a judgment that the person whose title is asserted in the writ of summons shall recover possession of the land with his costs.

Claim for Mesne profit arrears or damages

Where the claimant has indorsed a claim for mesne profit or arrears of rent in respect of the premises claimed, or any part of them, or damages for breach of contract or wrong. or injury to the premises claimed on a writ for the recovery of land, if the defendant defaults as mentioned in Rule1. or there be more than one defendant, some or one of the defendants default, the claimant may apply for final judgment against the defaulting defendant or defendants and proceed as mentioned in Rules 3 and 4.

Where a defence is filed to part of claim only

Where the claimant’s claim is for:
(a)a debt or liquidated demand or for pecuniary damages only:
(b) detention of goods with or without a claim for pecuniary damages, or for any such matters;
or
(c) the recovery of land, and the defendant files a defence which purports to offer an answer to part only of the claimant’s alleged cause of action, the claimant may apply for judgment, final or interlocutory, for the part unanswered:

Provided that:
(i) the unanswered part consists of a separate cause of action or is severable from the rest, as in the case of part of a debt or liquidated demand:
(ii) where there is a counterclaim, execution on the judgment in respect of the claimant’s claim shall not issue without leave of the Judge.

Defendant in default

In all actions other than those in the preceding Rules of this Order, where the defendant defaults in filing a defence, the claimant may apply to a Judge for the matter to be set down for hearing, and judgment shall be given on the statement of claim as the Judge considers the claimant to be entitled to.

One of several defendants in default

10.

Where in an action as mentioned in Rule 9, there are several defendants, if one of the defendants defaults as aforesaid, the claimant may apply for judgment against the defendant who defaults, and proceed against the other defendants.

Defaults of third party

11.

Where issues arise in a proceedings other than between claimant and defendant, if any party to the issue defaults in filing any pleading, the opposite party may apply to a Judge for judgment, if any, as upon the pleadings he may appear to be entitled to, and the judge judgment to be entered accordingly or may make any other order necessary to do justice between the parties.

Setting aside judgment by default

12.

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

ORDER 23

Payment into and out of court

(1) Where, after service in any proceedings for debt or damages, a defendant intends in satisfaction of the claim to pay money into court in respect of the proceedings, he shall notify the Chief Registrar who will thereupon direct him to pay the money into an interest yielding account in the name of the Chief Registrar in a commercial bank, and he shall file the teller or other form of acknowledgement for the payment with the Chief Registrar.
(2) Where a teller or any other form of acknowledgement for payment is filed with the Chief Registrar, he shall forthwith give notice of the payment to the claimant who may apply to a Judge for an order to withdraw the amount paid.
(3) Where a defence of tender before action is set up, the sum of money alleged to have been tendered shall be brought into Court.
(4) The defendant may without leave. give a written notice to the Registrar of an intention to increase the amount of any sum paid into Court.
(5) Where the money is paid into Court in satisfaction of one or more of several causes of action, the notice shall specify the cause or causes of action in respect of which payment is made, and the sum paid in respect of each cause of action, unless a Judge directs otherwise.

Civil Form 14.
The notice shall be in Form 14 with any modification or variation as circumstances may require, the receipt of the notice shall be acknowledged in writing by the claimant within 3 days.

(7) The notice may be modified or withdrawn or delivered in an amended form by leave of a Judge upon terms as may be just.

Claimant may take out money
(8) 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 any balance shall on the order of a Judge be repaid to the defendant.
(9) Where the defendant succeeds in respect of the claim, the whole amount paid into Court shall be repaid to him on the order of a Judge.

Civil Form 15

(1) Where money is paid into Court under Rule 1, the claimant may within 14 days of the receipt of the notice of payment into Court, or where more than one payment into Court has been made, within 14 days of the receipt of the notice of the last payment into Court, accept the whole sum or any one or more of the specific sum in satisfaction of the cause or causes of action to which the specified sum or sums relate by giving notice to the defendant in Form 15 with any modification or variation as circumstances may require, and thereupon shall be entitled to receive payment of the accepted sum or sums satisfaction as aforesaid.
(2) Payment shall be made to the claimant or on his written authority to his Legal Practitioner and thereupon proceedings in the action or in respect of the specified cause or causes of action shall abate.
(3) Where 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, after 4 days from payment out and unless a Judge orders otherwise, tax his costs incurred to the time of payment into court, and 48 hours after taxation, may sign judgment for his taxed costs.
(4) Where in an action for libel or slander, the claimant accepts money paid into court, either party may apply by summons to a Judge for leave for the parties or either of them to make a statement in open Court in terms approved by the Judge.

Money remaining in court

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

Several defendants

(1) Money may be paid into court under Rule 1 by one or more of several defendants sued jointly or in the alternative, on notice to the other defendant or defendants.
(2) Where the claimant elects within 14 days after receipt of notice of payment into court to accept the sum or sums paid into court, he shall give notice as in Form 16 with any modification or variation as circumstances may require to each defendant, and thereupon all further proceedings in the action or in respect of the specified cause or causes of action shall abate.
(3) The money shall not be paid out except in pursuance of an order of a Judge dealing with the whole cause or causes of action.

Civil Form 15
(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 as in Form 15 with any modification or variation as circumstances may require.
(5) The claimant may tax his costs against the defendant who has made the payment in accordance with Rule 2(3) and the action shall abate against that defendant.
(6) The claimant may continue with the action against any other defendant but the sum paid into court shall be set off against any damages awarded to the claimant against the defendant or defendants against whom the action is continued.

Counterclaims

A person made a defendant to a counterclaim may pay money into court in accordance with the foregoing Rules, with necessary modification.

Persons under legal disability

(1) In any proceedings in which money or damages is or are claimed by or on behalf of a person under legal disability suing either alone or in conjunction with other parties, no settlement or compromise or payment or acceptance of money paid into court, whether before, at or after the trial shall, as regards the claims of the person, be valid without the approval of a Judge.
(2) No money, which expression for the purposes of this Rule includes damages, in any way recovered or adjudged or ordered or awarded or agreed to be paid in any proceedings in respect of the claims of any person under legal disability whether by judgment, settlement, compromise, payment into court or otherwise, before, at or after the trial, shall be paid to the claimant or to the guardian of the claimant or to the claimant’s Legal Practitioner unless directed by a Judge.
(3) All monies so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Judge shall direct.
(4) The directions given may include any general or special directions that the Judge may deem fit to give, including directions:
(i) on how the money is to be applied or dealt with;
(ii) as to any payment to be made either directly or out of money paid into court to the claimant or to the guardian in respect of moneys paid or expenses incurred;
(iii) for maintenance or otherwise for or on behalf of or for the benefit of the person under legal disability or otherwise:
(iv) as to the claimant’s Legal Practitioner in respect of costs or of the difference between party and party and Legal Practitioner and client costs.

Payment into and withdrawal of money from court

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

ORDER 24

Demurrer abolished

No abolished demurer shall be allowed.

Points of law may be raised by pleading

(1) Any party may by his pleading raise any point of law and the Judge may dispose of the point so raised before or at the trial.
(2) Where in the opinion of the Judge, the decision on the point of law substantially disposes of the whole proceedings or of any distinct part thereof, the Judge may make any decision as may be just.
(3) The provisions of this Order shall be without prejudice to or resort to alternative dispute resolution and the Rivers State Multidoor Courthouse proceedings and the Arbitration and Conciliation Act or any equivalent or other law enforced in Nigeria. provided that the defendant or respondent must first raise the issue in his pleading.

ORDER 25

Claimant may discontinue before defence

(1) The claimant:
(a) may, at any time before receipt of the defence or after the receipt thereof, before taking any other step in the action, by notice in writing duly filed and served, wholly discontinue his claim against all or any of the defendants or withdraw any part or parts of his claim; and
(b) shall thereupon pay the defendant’s costs of the action, or if the action is not wholly discontinued, the costs occasioned by the matter withdrawn.

(2) A discontinuance or withdrawal shall not be a defence to any subsequent claim.
(3) Where a defence has been filed, the claimant may with the leave of a Judge, discontinue the proceedings or any part of it on terms and conditions as the Judge may order.
(4) 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.
(5) The Judge may in like manner and like discretion as to terms, on 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

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

Withdrawal after commencement

Once hearing has commenced in a case before application to withdraw or discontinue the case is made, the Court shall dismiss the action on terms as to cost as the circumstances of the case may dictate.

ORDER 26

Amendment of originating process, pleadings and other processes

A party may with leave of Court, amend his processes at any time before Judgment.

Application

Application to amend may be:
(a) made to a Judge and be supported by an exhibit of the proposed amendment; and
(b) allowed on terms as to costs or otherwise as may be just:
provided that typographical errors or minor or non-contentious amendments may be made on an oral application of the party and the amendment shall be subsequently filed at the RIVCOMIS platform. or any other platform that the Chief Judge may direct in writing.

Amendment of originating process

Where any originating process, pleading or other process is to be amended, a list of any additional witnesses to be called together with his written statement on oath, with list and copies of documents to be relied upon consequent on the amendment, shall be filed with the application.

Failure to amend after Order

Where a party who has obtained an order to amend does not amend accordingly within the time limited for that purpose by the order, or if there is no time limit, then within 7 days from the date of the order, the party shall pay an additional fee of N1,000.00 for each day of default or a higher sun that the Chief Judge may prescribe.

Filing and service of amended process

Where a party pays the additional sum for not amending within the period allowed by these Rules or under the Order for amendment, he shall attach the evidence of payment of additional penalties up to the date of filing the application to regularise his process.

Date of order and amendment to be displayed

Where any originating process, pleading or other process is amended, a copy of the document amended shall be filed at the registry, RIVCOMIS platform or any other platform that the Chief Judge may direct in writing and additional copies served on all the parties to the action.

Where any originating process, pleading or other process is amended, it shall be marked in the following manner:
“Amended………………….. day of ………………………. (Month) of ……………. (year) pursuant to Order of (name of Judge) dated the …………… day of ……………… (month) ………… (year)”

Clerical mistakes and accidental omissions

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

General power to amend

Subject to the provisions of Rule 1, a Judge may at any time and on terms as to costs or otherwise as may be just, amend any defect or error in any proceedings and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.

10.

A party shall not amend his pleadings more than twice after the pretrial conference, unless the Court directs otherwise.

ORDER 27

Alternative dispute resolution proceedings

(1) The Chief Judge may, where he considers appropriate at the point of assignment of any matter direct parties and counsel involved in the matter to use the River State Multi-Door Courthouse or any other available Alternative Dispute Resolution (ADR) mechanism.
(2) A Judge may, where he considers appropriate either at the pre-trial conference or anytime thereafter but before the commencement of defence, mandate parties and counsel involved in the matter to use the Rivers State Multi-Door Courthouse or any other available Alternative Dispute Resolution (ADR) mechanism.
(3) Any party or his counsel may whenever it is considered expedient in a matter, apply to a judge for the matter to be referred to the Rivers State Multi-Door Courthouse (RSMDC) or any other available ADR mechanism.
(4) Where a party refuses to obey or comply with a referral order of Judge or Chief Judges directive under this order, the party shall pay into the account of the Rivers State judiciary, a minimum penalty of N50,000.00 or a higher sum the Judge may, in his discretion impose, and thereafter the case shall proceed in the regular court.

Mode of ADR Application

(1) Where a matter has been referred to the RSMDC or any other available ADR mechanism, all subsequent application shall be taken by an ADR Judge designated under section 17(1) of the RSMDC Law, 2019.

(2) The ADR judge shall:
(a) direct the ADR proceedings, make orders and give appropriate directives as he deems necessary with due regard to its purpose and agenda; and
(b) require parties or their counsel to cooperate with him effectively.

ADR Proceedings

(1) An application in any ADR proceeding under these rules shall be by Originating motion on notice, which shall:
(a) state the grounds of the application:
(b) be accompanied by a copy of the affidavit intended to be used, where the motion is founded on evidence by affidavit, it; and
(c) be supported by a Written address.

(2) A party served with an application under this Order may oppose the application by filing a Written address or a counter-affidavit supported by a written address within 7 days from the date of service of the application.
(3) The applicant may file a reply on points of law and a further affidavit within 5 days from the date of receiving the counter affidavit or any other process filed by the respondent.

(1) Where a 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.
(2) Where a matter arises in which no provisions or adequate provisions exist in this order, the dispute resolution officer, or a neutral or an ADR judge shall adopt a procedure that may aid in the effective resolution of the dispute before him.

Arbitration

(1) The court or judge shall not entertain an action instituted to enforce a contract or claim damages arising from a breach of the contract in which parties have by consent included an arbitration clause without first ensuring that the clause is invoked and enforced.
(2) Where an action is instituted under sub-rule (1), the court or judge shall on application, stay proceedings in the matter and refer the parties to arbitration in accordance with the arbitration clause or the applicable laws.
(3) Where a party refuses to comply with an arbitration clause or a referral order by a judge or frustrates the arbitration proceedings, the party shall pay into the
account of the Rivers State Judiciary, a minimum penalty of N50,000.00 or a higher sum that the Judge may, in his discretion impose, thereafter the case shall proceed in the regular courts.

Enforcement of award

(1) An award made by an arbitrator or a decision/an outcome reached at the Rivers State 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 shall be brought at any time within 3 months after the award has been made and published to the parties, other than native arbitration proceedings.

ORDER 28

Pre-trial conference notice. Civil Form 17

(1) The claimant shall, within 14 days after of pleadings, apply close to the Registrar for the issuance of a pre-trial conference Notice as in Form 17.

Civil Forms 17, 18
(2) Where a claimant makes an application under sub-rule (1), the Registrar shall cause to be issued to the parties and their Legal Practitioners (if any), a pre-trial conference notice as in Form 17 accompanied by a pre-trial information sheet as in Form 18 for the following purposes:
(a) disposal of matters which must or can be dealt with on interlocutory application;
(b) giving any direction as to the future course of the action as appear best adapted to secure its just, expeditious and economical disposal;
(c) promoting amicable settlement of the case or adoption of alternative dispute resolution;
(d) other appropriate matters that have already been discussed or agreed on by the parties as provided for in these Rules.

All parties shall, not later than 7 days before the first pre-trial conference, file and serve on all parties’ answers to the pre-trial information questions.

Where the claimant does not make the application in accordance with rule 1(1) of this Rule, the defendant may do so within 14 days or apply for an order to dismiss the action.

Where neither the claimant nor the defendant makes an application in accordance with rules 1 and 3, the Registrar shall by a certificate to the Judge notify the Judge of the fact.

The Judge shall, where notified of the failure by the Registrar, cause the case to be listed for striking out, and the parties to the case shall be notified.

Where the matter comes up for striking out, the Judge shall strike out the case unless good cause be shown why the case should not be struck out.

A claimant who does not want his case to be struck out under rule 6 shall, within 3 days of the service of the notice of striking out on him, file an application in court containing the reasons for his failure to comply with rule 1 or rule 3.

Schedule and planning

At the pre-trial conference, the Judge shall enter a scheduling Order for:
(a) joining other parties;
(b) amending pleadings or any other processes;
(c) filing motions;
(d) further pre-trial conferences;
(e) any other matter appropriate in the circumstances of the case.

Agenda

At the pre-trial conference, the Judge shall consider and take appropriate action with respect to any of the following or aspects of them, as may be necessary or desirable:
(a) the possibility of settlement of any or all issues in the action and referring any unsettled issue to a judicial settlement conference.
(b) formulation and settlement of issues:
(c) amendments and further and better particulars;
(d) the admissions of facts, and other evidence including documents to be relied upon at the trial by consent of the parties;
(e) control and scheduling of discovery inspection and production of documents;
(f) narrowing the field of dispute between expert witnesses, by their participation at pre-trial conference or in any other manner;
(g) hearing and determination of objections on points of law to the suit at the pleadings or affidavit of either parties, and of any proposed expert evidence or witness;
(h) giving orders or directions for separate trial of a claim, counterclaim, 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 30 and the estimated duration of the trial;
(j) securing statement of special case of law or facts under Order 31:
(k) determining the form and substance of the pre-trial order;
(l) referring the matter for amicable settlement or Alternative Dispute Resolution; and or the RSMDC
(m) implementing any alternative dispute resolution or RSMDC order;
(n) necessity for interpreter or simultaneous interpretation at the trial.
(o) any other matter that may facilitate the just and speedy disposal of the action.

Timetable

10.

(1). The pre-trial conference or series of pre-trial conferences with respect to any case shall be completed in not more than 3 sittings and within 90 days of its commencement, and the parties and their Legal Practitioners shall cooperate with the Judge in working within this time-table.
(2) As far as practicable. pre-trial conferences shall be held from daily or adjourned only for purposes of compliance with pre-trial conference orders, unless extended by the Chief Judge.

Report

11.

(1) After a pre-trial conference or series of pre-trial conferences, the Judge shall issue an order giving direction for further proceedings in the matter.
(2) The order shall guide the subsequent course of the proceedings unless modified by the trial Judge and any order or directive shall include:
(a) timetable for hearing;
(b) the number of witnesses to be called by each party;
(c) the time required for each party to present his case; and
(d) any other directive or order which in the opinion of the Court would facilitate the expeditious determination of the matter:

Sanction

12.

(1) Where a party or his Legal Practitioner fails to attend the pre-trial conference or obey a scheduling or pre-trial order, or is substantially unprepared to participate in the conference or fails to participate in good faith the Judge shall in the case of:
(a) the claimant dismiss the claim; or
(b) a defendant, enter final judgment against him provided that where the claim is declaratory or 1s 1or special damages the case may be set down for hearing for the claimant to prove his case.

(2) Any Judgment given under this Rule may be set aside on an application made within 7 days of the judgment or any other period as the pre-trial Judge may allow, not exceeding the pre-trial conference period and the application shall be accompanied by an undertaking to participate effectively in the pre-trial conference.

Management

13.

(1) The Judge shall:
(a) direct the pre-trial conference with due regard to its purposes and agenda as provided under this Order: and
(b) require parties or their Legal Practitioners to co-operate with him effectively in dealing with the conference agenda.

(2) Where on application, a case comes before a Judge before the close of pleadings, the Judge may on the close of date for pre-trial pleadings, fix the conference notwithstanding provisions of Rule 1.

14.

No application which ought to be taken at the pre-trial hearing stage shall be entertained during the hearing of the case, except in exceptional circumstances and with the leave of the Court.

15.

Every preliminary objection challenging the jurisdiction of the Court to hear a case before it which is not raised before the conclusion of a pre-trial hearing shall be heard and determined together with the substantive suit.

Judicial Settlement conference

16.

(1) In this Rule, “Judicial Settlement Conference” means a conference called by a Judge to give parties to the proceedings an opportunity to negotiate a settlement of the claim or any issue.
(2) The parties may file and serve on the other party’s copies of their proposed terms of settlement at least 10 working days before the date set for the conference.
(3) The proposed terms of settlement required by sub-rule 2 shall not be admissible at any subsequent trial or suit between the parties or their privies.
(4) A Judge who convenes a judicial settlement conference may assist the parties in their negotiations but the Judge must not preside at the trial, if any, unless all parties taking part in the conference consent, or the only matter for resolution at the hearing is a question of law.
(5) A proceedings is treated as having been discontinued 30 working days after the date on which the Judge endorses the proceedings as having been settled unless the parties, by notice given to the Judge before the close of that 30 working days, consent to an extension of the period and in that case, the Judge must direct accordingly and the discontinuance shall take effect on the close of that extended period.
(6) Pursuant to sub-rule (5), the Judge shall, in any other case and in the interest of Justice direct that the proceedings be discontinued with effects on and after some other date stated by the Judge, but no extension of time under this Rule shall extend beyond the 3 months, and the pre-trial conference shall last as stipulated by this Order.
(7) Where the Judge assisting the parties at the judicial settlement conference is satisfied that the parties are unable to settle the claim or issue, the Judge shall, as soon as practicable, indicate that he is satisfied and adjourn the proceeding to a second pre-trial conference to deal with the matter stipulated under this order apart from a pre-trial judicial settlement of issues or claims, and in this case, time for the first pre-trial conference may be extended as the Judge deems fit, but not exceeding 3 months.
(8) The Court may order any proceedings treated as having been discontinued under sub-rule 16(5) to be reinstated on good cause shown by either party and on any terms deems just, and in such situation, the Court may extend the time for conclusion of the pre-trial conference as it deems fit, but o exceeding one month.
(9) Nothing in this Rule shall prevent the Court subsequently hearing a case to grant leave parties to settle their dispute out of Court at any time before Judgment.

ORDER 29

Discovery by interrogatories

(1) In any matter, the claimant or defendant may deliver interrogatories in Writing for the examination of the opposite parties or any one or more of the parties, and the interrogatories when delivered shall have a note at the end of it stating which of the interrogatories each person is required to answer.
(2) Interrogatories shall be delivered within 7 days of close of pleadings and shall form part of the agenda of the pre-trial conference.

Civil Form 19

Interrogatories shall be in Form 19 with any modification or variation that circumstances may require.

Corporation or companies

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

Corporation to interrogatories by answer

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

Affidavit in answer, filing of

Interrogatories shall be answered by affidavit to be filed within 7 days, or within any other time as the Judge may allow, and 2 copies of the affidavit in answer shall be supplied to the Registrar.

Forms of affidavit in answer; Civil Form 20

An affidavit in answer to interrogatories shall be in Form 20 with any modification or variation as circumstances may require.

Order to answer or answer further

Where any person interrogated omits to answer or answers insufficiently, the pre-trial Judge shall, on application, issue an order requiring him to answer or to answer further.

Application for discovery of documents

(1) A party may, in writing, request any other party to any matter to make discovery on oath of the documents including computer generated documents that are or have been in his possession, custody, power or control, relating to any matter in question in the case.
(2) Request for discovery shall be served within 7 days of close of pleadings and shall form part of the agenda of pre-trial conference.
(3) The party on whom the request is served shall answer on oath completely and truthfully within 7 days of the request or within any other time as the Judge may allow, and it shall be dealt with at the pre-trial conference.
(4) Every affidavit in answer to a request for discovery of documents shall be accompanied by office copies of documents referred to in the affidavit.

Civil Form 21
(5) The affidavit to be made by any person answer to a request for discovery of documents shall specify which, if any, of the listed documents he objects to producing, stating the grounds of his objection, and it shall be in Form 21l with any modification or variation as circumstances may require.

Process filed after pre-trial conference

(1) Any process to be filled after the pre-trial conference shall be accompanied by copies of documents referred to in the process.
(2) Where a process filed is not accompanied by a document referred to in the process, a Judge may, on application, strike out the process.

Verification of business Books

10.

(1) Where a document required to be attached to any process or produced under this or any other Rule is a business book, a Judge may, on application, order a copy of any entry in the business book to be furnished and verified in an affidavit, and the affidavit shall be made by a person who keeps the book or under whose supervision the book is kept.
(2) Notwithstanding that a copy has been supplied, a Judge may order inspection of the book from which the copy was made.
(3) Where, on a request or application for inspection, privilege is claimed for any document, the Judge may inspect the documents for the purpose of deciding the validity of the claim of privilege.
(4) The Judge may, suo motu or on application, and whether or not an affidavit of documents has already been ordered or made, make an order requiring any party to state by affidavit whether any particular document or documents, or any class or classes of documents is or are or has or have at any time been in the possession, custody, power or control, of that party when that party, including a defendant who is not disputing the claim or order, parted with the same and what has become of same.
(5) The Judge may, suo motu or otherwise, at pre-trial conference, order or direct or require a party (including a defendant who is not disputing the claim defending) a counsel, a witness or a prospective witness, or even a non-party, to answer such interrogatories and furnish such discovery and inspection as the Judge may direct. in the interest of justice.

Attachment of party after service on Legal Practitioner

11.

An order for interrogatories or discovery, or inspection made against any party, if served on his Legal Practitioner. is sufficient service to found an application for attachment of a party for disobedience to the order.

Attachment of Legal Practitioner

12.

A Legal Practitioner on whom an order against any party for interrogatories or discovery or inspection is served under Rule 11, who neglects, without reasonable excuse, to give notice thereof to his Client, is liable to attachment.

Using answers to interrogatories at trial

13.

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

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

Discovery against Sheriff

14.

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

Order to apply to person under legal disability

15.

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

Request for inspection or copy of items in opponents control or custody

16.

A party must serve on any other party a request:
(a) to produce and permit the requesting party or its representative to inspect, copy, test or sample the following items in the Respondent party’s possession, custody or control;
(b) any designated document or electronically stored information, including writings, drawings, graphs, charts, photographs, sound recordings, images and other data Compilations stored in any medium from which any information can be obtained either directly or, if necessary, after translation by the respondent party into a reasonably usable form;
(c) any designated tangible things; or
(d) to permit entry onto any designated land or other property possessed or controlled by the responding party so that the requesting party may inspect, measure, survey, photograph, test or sample the property or any designated object or operation on it.

17.

The request:
(a) must describe with reasonable particularity each item or category of items to be inspected;
(b) must specify a reasonable time, place and manner for the inspection and for performing the related acts and
(c) may specify the form or forms in which electronically stored information is to be produced.

18.

The party to whom the request is directed must respond in writing within 30 days after being served.

19.

(1) For each item of category, the response must state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request with reasons.
(2) The responding party may state that it will produce copies of documents or electronically stored information instead of permitting inspection.
(3) The production must be completed not later than the time for inspection specified in the request or another reasonable time specified in the response.

20.

An objection must state whether any responsive materials are being withheld on the basis of that objection, for an objection to part of a request must specify the part and permit inspection of the rest.

21.

Where the responding party responds to a request for the production of electronically stored information, he may state an objection to a requested form for producing the information, and if there is an objection or if no form was specified in the request, the responding party must state the form or forms it intends to use.

22.

Unless the Court stipulates or orders otherwise. the following procedures shall apply to producing documents or electronically stored information namely:
(a) a party must produce documents as they are kept in the usual course of business or must organise and label them to correspond with the categories in the request;
(b) where a request does not specify the form for producing electronically stored information a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and
(c) a party need not produce the same electronically stored information in more than one form.

23.

As provided in Rule 10(5) a non-party may be compelled to produce any document or tangible thing or permit an inspection.

24.

The disclosure of a document or its production for inspection does not constitute an admission of its authenticity or admissibility in the action.

ORDER 30

Issues of facts

(1) In all proceedings, issues of facts in shall be dispute shall be defined by each party and filed within 7 days after close of pleadings.
(2) Where the parties differ on or fail to define and file the issues, the pre-trial Judge may settle the issues.

Reference to referee

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

Instruction to referee

Where a matter is referred to a referee, the Court shall:
(a) furnish the referee with any part of the proceedings and any information and detailed instructions that appear necessary for his guidance; and
(b) direct the parties, if necessary, to attend upon the referee during the inquiry.

General powers of referees

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

Evidence

(1) Subject to any order made by the Judge ordering the inquiry, 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 the attendance 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 has the same authority in the conduct of any inquiry as a Judge when presiding at any trial.
(4) Nothing in these Rules shall authorise any referee to commit any person to prison or to enforce any order by attachment or otherwise; but the Judge may. in respect of matters before a referee, make an order of attachment or committal as he may consider necessary.

Reports made in pursuance of reference under order

(1) The report made by a referee in pursuance of a reference under this Order shall be made to the Judge and notice of the report served on the parties to the reference.
(2) A referee may by his report, submit any question arising therein for the decision of the Judge or make a special statement of facts from which the Judge may draw any inferences that he deems fit.
(3) Where the Judge receives the referee’s report, he may:
(a) adopt the report in whole or in part:
(b) vary the report:
(c) require an explanation from the referee;
(d) remit the whole or any part of the question or issue originally referred to him for further consideration by him 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) Where the report of the referee has been made, an application to vary the report or remit the whole or part of the question or issue originally referred may be made on the hearing by the Judge for the further consideration of the matter, after giving not less than 4 days’ notice and any other application with respect to the report may be made on that hearing without notice.
(5) Where on a reference under this Order a Judge orders that the further of the consideration matter in question shall not stand adjourned until the receipt of the referee’s report, the order may contain directions with respect to the proceedings on the receipt of the report and the foregoing provisions of this Rule shall have effect subject to the directions.

Special directions as to mode of taking account

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

Accounts to be verified by affidavit numbered and left in the Registry

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

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 the items as may be contested or surcharged shall be brought before the Judge.

Surcharge

10.

Any party seeking to charge 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.

Accounts and inquiries to be numbered: Civil Form 22

11.

Where, by any judgment or order, any accounts are directed to be taken or inquiries to be made, each of the directions shall be numbered so that as far as may be, each distinct account and inquiry may be designated by a number, and the judgment or order shall be in Form 22 with any modification or variation that the circumstances of the case may require.

Just allowances

12.

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

Expediting proceedings in case of undue delay

13.

(1) Where it appears to the Judge that there is any undue delay in the prosecution of any proceedings under this Order, the Judge may:
(a) require the party having the conduct of the proceedings under this Order or any other party to explain the delay; and
(b) thereupon make an order with regard to:
(i) expediting the proceedings or its conduct; or
(ii) the stay of the proceedings; and
(iii) the costs of the proceedings as the circumstances of the case may require.

(2) Pursuant to sub-rule (1), any party may be directed to summon the persons whose attendance is required and to conduct any proceeding and carry out directions which may be given.

Interpretation

14.

Reference to a Referee under this Order includes a reference to an alternative dispute resolution body ordered by the Court or the RSMDC.

ORDER 31

Special case by consent

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

Special case by order before trial

Where at the pre-trial conference it appears to the Judge that there is in any 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 questions of law or direct them to be raised at the trial either by special case or in any other manner that the Judge deems expedient, and all further proceedings as the decision on the question of law may render unnecessary may thereupon be stayed.

Documents only procedure

(1) Both parties in a matter may, at the pre-trial conference or at any stage before the commencement of defence, apply that matter be heard and determined by a “documents only” Procedure.
(2) A Judge may, either at the conference or at pre-trial any other stage before the commencement of defence, direct that a matter be heard and determined by a “documents only” procedure, where it appears to the Judge that the matter could be conveniently decided by the procedure.

(3) “Documents Only” Procedure shall involve the following:
(a) admission of witness statement on oath as evidence-in-chief and disposing with the need for cross-examination of witnesses;
(b) admission of all documents or such other evidence to be relied upon as contained on the list of documents filed by the parties;
(c) the determination of the action on the basis of:
(i) the pleadings filed by the parties;
(ii) witness statement on oath so admitted;
(iii) documents or any other evidence so admitted:

(d) the final address filed by parties in accordance with the Rules or as the Judge may direct.

(4) Judgment in a matter delivered in a “documents only” Procedure shall have the same effect as a final judgement delivered in any action.

Special case to be signed

Every special case agreed pursuant to Rule 1 shall be:
(a) signed by the several parties or their Legal Practitioners; and
(b) filed by the Claimant or other party having conduct of the proceedings.

Application to set down where a person under legal disability

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

Agreement as to payment of money and costs

(1) The parties to a special case may, if they think fit, enter into an agreement in writing, 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 a manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs.
(2) The judgment of the court may be entered for the sum so agreed ascertained, with or without costs, and execution may be issued upon the judgment forthwith, unless otherwise agreed or unless stayed on appeal.

Application of order

This Order shall apply to every special case stated in a matter and in any proceedings incidental to the matter.

ORDER 32

List of causes for hearing

(1) The Registrar shall keep a list (hereinafter called the Pre-Trial List) of actions directed to be set down for pre-trial conference under Order 28 Rule 9.
(2) The Registrar shall also keep a Weekly Cause List of all other actions which are ready for trial or hearing

Pre-trial and Weekly Cause List

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

Public holidays

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

Judge unable to sit

On any day where a Judge is unable to sit in Court and deal with any matter fixed for hearing, a minute recording the parties present and the step taken by the Registrar, shall be entered on the Court file.

Notice boards

Pre-Trial Lists and Weekly Cause Lists and other such lists shall be posted up on the judiciary electronic platforms or on one or more notice boards set up in any place within or near the Court premises that the Chief Judge may designate.

ORDER 33

Non-appearance of both parties

Where 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 at trial

Where a cause is called for hearing, if the claimant appears and 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 a cause is called for hearing, if the defendant appears and the claimant does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action, but if he has a counterclaim, then he may prove the counterclaim, so far as the burden of proof lies upon him.

Judgment default may be set aside on

(1) Where a cause is struck out under Rule 1. either party may apply that the cause be restored on the cause list on any term that the Judge may deem fit, provided any cause struck out for the 3rd time shall, on no account, be relisted.
(2) Without prejudice to the provision in sub-rule (1), any Judgment obtained where any party does not appear at the trial may be set aside by the Judge upon terms as he deems fit.
(3) An application to re-list a cause struck out or to set aside a judgment shall be made within 6 days after the order or judgment, or any longer 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 on any terms, that he deems fit.

Times of commencement and termination of trial

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

Order of proceedings

The order of proceedings at the trial of a cause shall be as prescribed in the following Rules.

Burden of proof by party to begin

(1) The party on whom the burden of proof lies by the nature of the issues or questions between the parties shall begin.
(2) At the end of the examination-in-chief of a witness, the opposing party or parties may cross-examine the witness.
(3) Each cross examination shall not exceed a total of 90 minutes which may be spread on 3 adjournment days of not more than 30 minutes each.
(4) A Judge may, foreclose any party from cross examining a witness after the time for cross examination of a witness has been exhausted by the party.
(5) A party or counsel who is absent to cross-examine a witness on a date fixed for that purpose or who is not ready to cross examine the witness after 2 consecutive
adjournments, shall be foreclosed from cross examining the witness.
(6) No order or deemed order of foreclosure under these Rules shall be set aside without the party in default paying the costs and penalty that the Judge may direct.

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 witness. being a witness, whose deposition accompanied his pleading, shall apply to the Judge for leave to call the witness.
(2) An application for leave in sub-rule (1) shall be accompanied by the deposition on oath of the witness.

Close of case of parties

11.

(1) A party shall close his case when he has concluded his evidence, and either the claimant or defendant may make oral application to have the case closed.
(2) Notwithstanding sub-rule (1), where either party fails to conclude his case within reasonable time, the Judge may make an Order foreclosing the party from tendering further evidence, and shall suo motu pronounce the case of the party closed.

Exhibits during trial

12.

(1) The Registrar shall:
(a) take charge of every document or object put in as an exhibit during the trial of an action;
(b) mark or label every exhibit with a letter or letters indicating the party by whom the exhibit is put in, or where more convenient., the witness by whom the exhibits are proved, and with a number, so that all the exhibits put in by a party or proved by a witness are numbers in one consecutives series; and
(c) cause a list of all the exhibits in the action to be made.

(2) The list of exhibits, when completed, shall form part of the record of the action.
(3) For the purpose of this Rule, a bundle of documents may be treated and counted as one exhibit.
(4) In this Rule, a witness by whom an exhibit is proved includes a witness in the course of whose evidence the exhibit is put in.

Written address by party beginning

13.

(1) Where the party beginning has concluded his evidence, the Judge shall ask the other party if he intends to call evidence and 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.
(2) Where the other party is served with the written address, he shall within 21, days file his own written address.
(3) Every address shall be accompanied with a relevant extant and current processes, including the writ, pleadings and witness statements of the party filing the 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.

Written address of party beginning

15.

Where the party beginning is served with other party’s written address, he shall within 21 days, file his own written address.

Right of Reply

16.

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

17.

(1) Where a party fails, neglects or refuses to file his written address within the time prescribed by these Rules, the party shall be deemed foreclosed from addressing the Court and the other party shall file his written address without waiting on the defaulting party.
(2) Pursuant to sub-rule (1), the Judge hearing the case may proceed to judgement on the party’s written address only.

18.

Where there are several defendants, the time for filing addresses by the defendants shall run concurrently irrespective of their being represented by different counsel.

19.

Where at the expiration of the time allowed under these Rules for filing of written addresses and neither party files an address, the Court shall proceed to judgement and deem the parties to have waived their rights to address the Court.

Party to ensure diligent prosecution

20.

(1) All parties to a matter shall ensure diligent prosecution of their cases.
(2) Except upon disclosure of exceptional circumstances, a Judge shall not relist any matter struck out twice.
(3) Where a suit or matter is re-listed for a third time, the applicant shall within 7 days pay into the account of the Rivers State Judiciary, the sum of N100.000.00 or a higher sum as the Judge may deem appropriate in the circumstances as penalty for lack of diligent prosecution, failing which the order thereby granted shall become void.
(4) Where the matter is struck out for the third time for want of diligent prosecution, the case of the party in default shall no longer be re-listed
(5) Where a matter is pending in Court and no proceeding is held or application filed in the case for a period of 12 months, the Court shall strike out the case.
(6) The provisions of Rules 19 and 20 shall apply to any application to re-list any the matter under sub-rule (5).
(7) Every application to re-list the matter struck out for want of diligent prosecution shall be brought within 7 days of the striking out order.

Custody of Exhibit after trial

21.

(1) An exhibit shall not be released after trial to the person who has put it in unless the period during which notice of appeal may be given has elapsed without the notice having been given, consequent only on the trial Judge, or in his absence, another Judge, granting leave to release the exhibit on being satisfied that the:
(a) exhibit will be kept duly marked and labelled and will be produced, if required, at the hearing of an appeal, if an appeal is lodged, or
(b) 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 Court unless leave to release the exhibit is granted by the Court of Appeal.

Office copy of list exhibits

22.

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

Lack of diligent prosecution

23.

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

Remote or Virtual hearing

24.

(1) Hearing in Court may be in person or by remote hearing, and the remote hearing shall be by any video communication method and shall be directed by the Court.
(2) The registrar of court shall schedule virtual hearing for the parties.
(3) Notice of remote hearing shall be issued to the parties and the public by electronic means, and publication of the cause list on the RIVCOMIS website and the Rivers State Judiciary website.
(4) The notice of the remote hearing shall show the web address or social media channel through which the live streaming of the proceedings shall be conducted.
(5) Save with the consent of the Court or the prior written agreement of the parties, it is not permissible for any of the parties to a matter being heard virtual to be in the Court room with the Judicial Officer(s) during the remote Court sitting while the other party or parties to the same join the proceedings remotely.
(6) The Court shall give directions to the and the public parties on access to the hearing and the use of video and audio devices during the proceedings of the remote hearing and ensure live streaming on a social media platform to guarantee public viewing.
(7) Except with the leave of Court or as directed by the Court, Counsel shall be properly robed for any virtual court sitting.
(8) Counsel and parties to the proceedings shall ensure their respective remote location from where they participate in the virtual Court sitting are devoid of distraction and interferences to the proceedings.
(9) Judicial Officers may conduct virtual Court sitting from the regular Court rooms, their respective Chambers or from whichever location the Judicial Officer maybe. provided that the facilities necessary for a successful online sitting are available in the location.
(10) The proceedings of the remote hearing shall be recorded in audio and or video by the Court and in writing.
(11) The Presiding Judge may cause the whole or any part of the proceedings to be recorded and written by an official Court reporter using a stenographic machine or by audio, video or any other recording device approved by the Chief Judge.
(12) Certified True Copies of the proceedings shall be made available upon request and the Presiding Judge shall sig1 or authenticate transcripts of any recordings.
(13) A party to a virtual hearing may challenge the transcript of the hearing. and a party challenging the transcript shall, on payment of a fee of N20,000.00, have the transcript cross checked in the presence of the adverse part, court reporter and registrar of the court.
(14) All Counsel and or litigants shall provide their active email addresses and phone numbers, including WhatsApp numbers, in all processes as communication shall be through these electronic channels.

Consecutive adjournments

25.

After the commencement of hearing, a party shall not be entitled to more than two consecutive adjournments, except the court directs otherwise.

ORDER 34

Application

This order shall apply in all matters where written addresses are required.

Content of written address

A written address shall be printed on good quality white opaque 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 with reference to the exhibit attached to the application or tendered at the trial;
(c) the issue arising from the evidence; and
(d) a succinct statement of argument on each issue incorporating the purport of the authorities referred to together with full citation of each of the authorities.

Summation of address

All written addresses shall not exceed 40 pages in font size 12 save with leave of court and shall be concluded with a numbered summary of points raised and the party’s prayer along with a list of all authorities referred to, and where any unreported judgment is relied upon, the certified true copy shall be submitted along with the written address. Oral argument.

Oral argument

Oral argument of not more than 10 minutes on the written address filed shall be allowed for each party:

Provided that if any party or legal practitioner appearing for him does not appear to present the oral argument then the application or case or matter shall be treated as having been argued on the basis of the written address and shall be considered as such.

Copies of written address

Each party shall file copies of his written address in court and shall serve a copy thereof on every party.

Unless the Court orders otherwise, each party shall file with his final address a bundle containing copies of his current pleadings, witness statements and the schedule of exhibits.

(1) Where a party fails to file his written address within the period provided by the Rules of Court upon expiration of the filing period he shall be deemed to have been foreclosed and the opposing party shall proceed to file his written address and serve same on the party beginning.
(2) Upon the expiration of the filing period provided by the Rules of Court for a Written Reply on Points of Law the matter shall proceed to Ruling or Judgement.

Where both parties fail to file written addresses within the period provided by the Rules of Court, both parties shall be deemed to have been foreclosed and the Court shall adjourn the matter for Ruling or Judgement.

No order or deemed order of foreclosure under these Rules shall be set aside without the party in default paying to the Court a penalty of N30,000.00 and any amount as the Court may order to be paid as cost in favour of the adverse party or parties.

10.

An application to rescind or set aside a foreclosure order under this Rule shall be:
(a) made within 7 days after the foreclosure order: and
(b) accompanied with the relevant final address of the defaulting party.

ORDER 35

Facts how proved

(1) Subject to these rules and to any enactment relating to evidence, enactment 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, Provided, virtual or remote hearing may be adopted by the Court in circumstances that the Judge may deem fit.
(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) The oral examination of a witness during his evidence-in chief shall be limited to confirming that he made a deposition and tendering in evidence all disputed documents or other exhibits referred to in the deposition.
(4) Real evidence not admitted during the pre-trial conference shall be tendered during the trial.

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 a manner that the order or direction may specify.
(2) The power conferred by sub-rule (1) extends in particular to ordering or directing that evidence of any particular fact be given at the trial:
(a) by statement on oath of information or belief:
(b) by the production of documents or entries in books;
(c) by copies of documents or entries in books;
(d) by copies electronically recorded or stored information or
(e) in the case of a fact which is or was a matter of common knowledge either generally or in a particular district, by the production of a specified newspaper which contains a statement of that fact.

(3) The witness shall, in its statement on oath state clearly, whether:
(a) the document to be tendered is original or photocopy;
(b) if photocopy, the necessary foundation as to the whereabout of the original shall be stated;
(c) if the photocopy is a public document, the relevant details of the designated officer who certified same shall be stated in compliance with the requirements of the Evidence Act; and
(d) for every document to be relied upon, the witness shall state the relevant paragraphs, pages or portions of the document.

Limitation of medical 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

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

Revocation and variation

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

Office copies admissible in evidence

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

Examination of witnesses abroad

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

Civil Form 23
(a) the party obtaining the order shall file in the Registry an undertaking in Form 23 which form may be varied as may be necessary to meet the circumstances of the particular case in which it is used: or

Civil Form 24
(b) the undertaking shall be accompanied by:
(i) a request in Form 24. with any modification or variation that 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 in the English language;
(ii) a copy of any interrogatories to accompany the request, with a translation if necessary; and
(iii) a copy of any cross-interrogatories with a translation, if necessary.

Form of order for examination of witnesses abroad. Civil Form 25.

(1) Where an order is made for the examination of a witness or witnesses before the Nigerian Diplomatic Agent in any foreign country with which a Convention in that behalf has been made, the order shall be in Form 25.
(2) The form may be modified or varied 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 the order, any writing or other document which he could not be compelled to produce at the hearing or trial.

Disobedience to order for attendance

10.

Any person wilfully disobeying 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

11.

Any person required to attend for the purpose of being examined or of producing any document, shall be entitled to payment for expenses and loss of time occasioned by his attendance from the party requiring him to attend:
Provided that a witness who testifies at the instance of the court acting on its own motion shall be paid out of public revenue.

Contempt of court

12.

Where any person duly summoned by subpoena to attend for examination refuses to attend or if having attended, he refuses 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

13.

Where the examination of any witness before any examiner under Rule 7 has been conducted, the original depositors 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

14.

(1) Except where by this Order a Judge provides or directs otherwise, no deposition shall be given in evidence at the hearing or trial of the matter without the consent of the party against whom the same may be offered, unless the Judge is satisfied that the deponent is dead or beyond the jurisdiction of the court, or unable from sickness or other infirmity to attend the hearing or trial.
(2) In any case under sub-rule(1), the depositions certified under the hand of the person taking the examination shall be admissible in evidence, saving all just exceptions, without proof of the signature to the certificate.

Oaths

15.

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

Attendance of witness under subpoena for examination or to produce documents

16.

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 upon any proceeding in the matter in like manner as the witness would be bound to attend and be examined at the hearing or trial: and any party or witness having made an affidavit to be used in any proceeding in the 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

17.

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

Special directions as to taking of evidence

18.

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

Evidence in proceedings subsequent

19.

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

Form of praecipe of a subpoena. Civil Form 26

20.

(1) Where it is intended to issue out a subpoena a praecipe for that purpose in Form 26 containing the name or firm and the place of business or residence of the Legal Practitioner intending to issue out the same, and where the Legal Practitioner is an agent only, then also the name or firm and place of business or residence of the Principal Legal Practitioner, shall, in all cases, be delivered and filed at the Registry.
(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. Civil Form 27, 28, 29

21.

A subpoena shall be in one of Forms 27, 28. or 29 with any variation that circumstances may require.

Subpoena for attendance of witness in Chambers

22.

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

Correction of errors in subpoena

23.

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

24.

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

Duration of subpoena

25.

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

Examination of witnesses to perpetuate testimony

27.

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

Action not to be set down for trial

28.

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

Action to perpetuate testimony

29.

Any person who would under the circumstances alleged by him to exist become entitled, upon the happening of any future event, to any honour, title, dignity or office, or to any estate or interest in any property, real or personal the right or claim to which cannot be brought to trial by him before the happening of the event, may commence an action to perpetuate any testimony which may be material for establishing the right or claim.

ORDER 36

Evidence on motions, etc

Upon any motion, petition, summons or other application, evidence maybe given by affidavit, but the Judge may, suo motu or on application, order the attendance for cross-examination of the deponent and where, after the 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 matter in which it is sworn but in every case in which there is more than one claimant or defendant, it is sufficient to state the full name of the first claimant or defendant, and that there are other claimants or defendants.

Use of defective affidavit

The Judge may:
(a) receive any affidavit sworn for the purpose of being used in any matter, notwithstanding any defect by mis-description of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and:
(b) direct a memorandum to be made on the document 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.

Affidavits in support of exparte applications

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

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 initiated

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

Exhibits

Accounts, extracts from registers, particulars of creditors’ debt, and any other document 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 matter.

Application of Evidence

10.

The provisions of the Evidence Act which set out provisions governing affidavits shall be applicable under these rules.

Affidavit taken in Common wealth country admissible without proof of seal, etc

11.

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

ORDER 37

Power of court to non-suit

Where satisfactory evidence is not given, entitling the claimant or defendant to the judgment of the Court, the Judge may, suo motu or on application, non-suit the claimant, but the parties’ Legal Practitioners have the right to make submissions about the propriety or otherwise of making the 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 38

Delivery of Judgment at or after trial

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

Date of judgment pronounced in Court

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

Signing Orders

Every order shall be signed by the Judge who delivered the Judgement or Ruling but in the event of death, retirement, elevation or any other reason making it impossible for the Judge to sign the order. the drawn-up order shall be signed by the Chief Judge or any other judge designated by the Chief Judge.

Date of judgment directed to be entered

Where any judgment is directed to be entered by an order made on application for judgment. the judgment shall, unless the Judge orders otherwise 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.

Judgment direct time for payment or performance and interest

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

Time to be stated for doing any act

(1) Every judgment or order made in any 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, and the Registrar shall indorse on the judgment or order, a memorandum by in the following words:

Memorandum to be indorsed
“If you, the within-named A. B., neglects to obey this judgment (or order) by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment (or order)” and same shall be served upon the person required to obey the judgment or order.

Judgment by consent where defendant appears by a Legal Practitioner

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

Judgment by consent where defendant has no Legal Practitioner

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

Garnishee Applications

(1) Counsel filing garnishee applications shall ensure that the judgment debtor has sufficient funds in the account with the garnishee, which shall be contained in the supporting affidavit.
(2) For the purpose of verifying that a judgment debtor has sufficient funds in the account, any party (judgment creditor) who seeks the verification shall apply to the Court for a certificate of verification which shall be issued to the judgment creditor/applicant by the registrar.
(3) Any officer of a bank who makes a false statement in a verification certificate shall be in contempt of court.
(4) Where a party fails to comply with sub-rule (1), the Judge may strike out he garnishee application.
(5) The Judgement debtor shall be put on notice of the garnishee proceedings.

Payment by Instalment of Judgment debt

10.

(1) Where any Judgment or order directs the payment of money, the Court may upon application of the affected party and upon sufficient cause being shown, order that the money be paid in instalments, with or without interest.
(2) Any order for payment in instalments of a judgment debt may be rescinded or set aside upon sufficient cause being shown at any time thereafter.

ORDER 39

Date of order when drawn

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

What orders need not be drawn upon

(1) Where an order has been made not embodying any special terms, nor including any special directions, but simply enlarging time for taking any proceedings or doing any act or giving leave for:
(a) the issue 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) any act to be done by any officer of the court other than a Legal Practitioner, it shall not be necessary to draw up the order unless the Judge directs otherwise, but the production of a note or memorandum of the order signed by a Judge shall be sufficient authority for the enlargement of time, issue, amendment, filing or other act.
(2) A direction that the costs of the order shall be costs in any 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 marked with the name of the Judge by whom it is made.

ORDER 40

Order transferring proceedings to High Court by Chief Judge

I TRANSFERS

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

Order of transfer by a Judge
(2) Where a Judge finds that he has no jurisdiction over a matter pending before him and jurisdiction lies with another Court or tribunal, the Judge shall remit the case file to the Chief Judge for transfer to that Court or Tribunal of competent jurisdiction.
(3) The Chief Judge shall direct the Registrar of Court to transmit a copy of the order duly certified together with the case file and other process therein to the Court or tribunal of competent jurisdiction.
(4) Whenever the claim before the Court is for the sum of N10,000,000.00 or less, irrespective of the claim for general damages, the Judge may, suo motu or on application of any of the parties, move that the matter be remitted to the Chief Judge who may cause the case to be transferred to the Magistrate Court within the jurisdiction for hearing and determination. provided that the Magistrate Court shall have Jurisdiction to adjudicate on the other substantive claims.

Payment of filing fees

(1) Where the Court receives the relevant proceedings, documents and processes, the Registrar shall notify the party who applied for the transfer, or where the transfer was not made on the application of any party, the Registrar shall notify the claimant to attend at the Registry and pay the fees for filing the documents, and the payment shall be without prejudice to the question of how the costs shall ultimately be borne.
(2) The notification shall be effected by serving a notice personally on the party concerned, or where an address for service has been given by the party, at that address.

Duties of Registrar

(1) The Registrar shall on payment of the prescribed fees, in any case not later than 7 days:
(a) file the documents received from the Lower Court;
(b) make an entry of the filing in the Cause Book, and
(c) transmit the documents to the Chief Judge or any other Judge appointed by the Chief Judge.

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

Directions

(1) The Chief Judge or any other Judge appointed by him shall, not later than 14 days after receiving the documents referred to in Rule 3:
(a) hear the parties or their legal practitioners;
(b) take cognisance 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) Where the claimant fails to attend in compliance with a notice given under Rule 3(2), the Judge shall record his default and may, suo motu or on application, dismiss the action or matter.
(2) Where a defendant applies to dismiss the action or matter, the Judge may dismiss the action or matter upon terms that may be just or make any other order on terms he deems just.
(3) Where the defendant fails or all of several defendants fail to attend in compliance with a notice given under Rule 3(2), the Judge shall record the default and may enter judgment with costs for the Claimant or grant the order prayed for in the transferred proceedings.
(4) Where both parties fail to attend in compliance with a notice given under Rule 3(2). the Judge shall record the default and dismiss the suit accordingly.

Construction

In the preceding Rule of this Order, the references to the claimant and defendant shall, in relation to proceedings commenced otherwise than by writ, be construed as references to the applicant and the respondent.

Consolidation of actions

II CONSOLIDATION

(1) The Judge may, on application consolidate several actions pending before him where it appears that the issues are the same in all the actions, and can therefore be properly tried and determined at the same time.
(2) Where actions are pending before different Judges, a party desiring consolidation shall first apply to the Chief Judge for transfer of the matter to a Judge before whom one or more of the matters is pending
(3) An order to consolidate may be made where two or more actions are pending between the same claimant and the same defendant or between the same claimant and different defendants or between different claimants and the same defendant or between different claimants and different defendants:
Provided that where the same claimant brings actions against different defendants, they 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, the Judge shall give any direction necessary for the trial or hearing of the action or matter.
(5) An order for consolidation shall be:
(a) drawn up at the expense of the party or parties who applied for consolidation; and
(b) recorded in the Cause Book.

ORDER 41

Preservation or interim custody of subject matter of disputed contract

(1) When by any contract a prima facie case of liability is established and there is alleged as a matter of defence a right to be relieved wholly or partially from the 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 his right thereto appears from the pleadings.

Early trial of cause

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

Order for sale of perishable goods, etc.

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

Detention, preservation or inspection of property; the subject of an action

(1) A Judge may, upon the application of any party to an action or matter and upon terms that may be just, make any order for the detention, preservation or inspection of any property or thing. being the subject of the action or matter or as to which any question may arise therein.
(2) Pursuant to sub-rule (1), the Judge may authorise any person to enter upon or into any land or building in the possession of any party to the action or matter, and for all or any of the purposes aforesaid authorise any samples to be taken or any observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
(3) Where an order for the inspection of any property or thing is made on an application under this rule, including an application made before any defence has been delivered in the action or matter, it appears that inspection was requested in writing by the applicant and was not given, then, unless the Judge is satisfied that the respondent did not unreasonably fail or refuse to permit the inspection, the Judge shall order the costs to be paid by the respondent in any event and except where the respondent is a person admitted to sue or defend Informa pauper under order 51, shall order the costs to be paid forthwith.

Inspection by Judge
(4) The Judge, by whom any action or matter may be heard or tried, may inspect any property or thing concerning which any question may arise therein.

Sale of property in possession of Court

(1) Where any property is in possess of the Court either before or after judgment and it has remained so for a period of 12 month1es, a Judge may upon application, make an order for sale of that property and the proceeds to be paid into an account in a commercial bank directed by the Judge for the benefit of the
person that succeeds at the trial or on appeal.
(2) The money paid after disposal of the property shall be withdrawn from the bank by the successful party who shall present to the Chief Registrar a certified true copy of the enrolled judgment.

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

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

Allowance of income of property pendente lite

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

Injunction against repetition of wrongful act or breach of contract

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

Appointment of a receiver by way of equitable execution

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

Receivers: security and remuneration. Civil Forms 30, 31

10.

(1) Where an order is made directing a receiver to be appointed, unless otherwise ordered, the person to be appointed shall first give security, to be approved by the Judge, duly to account for what he shall receive as the receiver, and to pay the same as the Judge shall direct; and the person to be appointed shall, unless otherwise ordered, be allowed a proper salary or allowance.
(2) The security to be given shall be by guarantee or by an undertaking in Forms 30 and 31 with any variation that circumstances may require, and the undertaking shall be filed in the Registry and shall form part of the record of proceedings until it has been duly vacated.

Where receiver appointed in court: adjournment to give security

11.

Where any judgment or order is pronounced or made in court appointing a person therein named to be a receiver, the Court may adjourn the proceedings then pending, in order that the person named as receiver may give security as provided in Rule 10, and may thereupon direct the 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, the Judge shall quarterly or at shorter periods, fix the days upon which he shall leave and pass the accounts, and also the days upon which he shall pay the balances appearing due on the accounts so left, or a part of them as shall be certified as proper to be paid by him.
(2) Where the receiver neglects to leave and pass his accounts and pay the balances at the times fixed for the purpose, the Judge may:
(a) from time to time, when his subsequent accounts are produced to be examined and passed, disallow the salary claimed by the receiver; and
(b) charge him with interest at a rate not exceeding 25% per annum upon the balances neglected to be paid by the receiver during the time the same appears to have remained in his hands.

Form of receivers’ accounts. Civil Form 32

13.

Receivers’ accounts shall be in Form 32 with any variation that circumstances may require.

Leaving account at the Registry. Civil Form 33

14.

Every receiver shall deliver to the Registrar his account, together with an affidavit verifying the same in Form 33 with any variation that circumstances may require and an appointment shall thereupon be obtained by the claimant or person having the conduct of the action for the purpose of passing the account.

Consequences of default by receiver

15.

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

Passing of Guardians’ accounts

16.

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

ORDER 42

Application by motion

(1) Whereby these Rules any application is authorised to be made to a Judge, the application shall be made by motion which may be supported by affidavit and shall state under what rule of Court or law the application is brought and the grounds for the application.
(2) Every motion shall be deemed served upon filing.
(3) The application by motion shall be accompanied by a Written address in of the relief support sought.
(4) Where the other party intends to oppose the application, he shall within 7 days of the service on him of the application, file his written address and may accompany it with a counter affidavit.
(5) Every counter affidavit with its written address or any reply to the counter affidavit shall be deemed served as provided under sub-rule (2) otherwise the defaulting party shall be deemed to have abandoned the motion and the court may, in the circumstance strike out the motion or the reply.
(6) The applicant may on being served with the written address of the opposing party, file and serve an address in reply on point of law within 7 days of being served, and where a counter affidavit is served on the applicant, he may file further affidavit with his reply.

Restriction on rule nisi and order to show cause

The provisions of rule 1 in respect of service of motion or application on other parties shall not apply to any motion or application for Order exparte or Order to show cause or interlocutory motion filed before the entry of appearance by the defendant(s).

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) Upon service of the motion on notice, both parties must thereafter maintain the status quo pending the determination of the motion on notice.
(5) 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 the extension is necessary in the interest of justice or to prevent an irreparable or serious mischief.
(6) The application for the 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

Every motion on notice to set aside, remit or enforce an arbitral award or other forms or alternative dispute resolution award shall state in general terms the grounds of the application and where the 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 the:
(a) duly authenticated original award or a duly certified copy thereof;
(b) original arbitration agreement or a duly certified copy thereof.
(3) An award made by an arbitrator, a decision or an outcome reached at the RSMDC 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 shall be made at any time within 3 months after the award has been made, and published to the parties, and time to do so shall not be extended.

Special leave

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

Motions may be dismissed or adjourned where necessary notice not given

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

Adjournment of hearing

The hearing of any motion or time to time be application may from adjourned upon any terms that the Judge shall deem fit:
Provided that application for adjournment at the request of a party shall not be made more than two times.

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

(1) 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 order the 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 to bring into court the whole or any part of the same, within such time as the Judge may order.
(2) Where the respondent alleges that he has a claim for costs, the Judge may make a provision for the taxation and the payment or security thereof, or the protection of the respondent’s lien, if any, as he deems fit.

Interim certificate

10.

(1) If during the taxation of any bill of costs or the taking of any certificate account between Legal Practitioner and client, it appears to the taxing officer that there must, in any event, be moneys due from the Legal Practitioner to the client, the taxing officer may make an interim certificate as to the amount so payable by the Legal Practitioner.
(2) Where the certificate is filed, the Judge may order the moneys so certified to be forthwith paid to the client or brought into Court.

ORDER 43

Judicial review

I JUDICIAL REVIEW

An application for an order of certiorari, mandamus or prohibition or an injunction restraining a person from acting in any office in which he is not entitled shall be by application for judicial review in accordance with the provisions of this order.

Joinder of claims

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 mentioned if it arises out of, relates to or is connected with the same matter.

Mode of applying for judicial review

(1) No application for judicial review shall be made unless the application is by motion on notice or originating summons.
(2) An application for judicial review shall be made to the court 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.

(3) Where judicial review is sought 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 the bringing of the appeal, the court may adjourn the application until the appeal is determined or the time has expired.

Application exparte and interim injunction

Where an application for judicial review is pending, then:
(a) if the relief sought is an order of prohibition or certiorari the applicant may apply ex-parte for an order of a stay of the proceedings to which the application relates until the determination of the application or until the court orders otherwise;
(b) if any other relief is sought, the court may at any time grant such interim relief as could be granted in an action begun by writ:
(c) the court may impose terms as to costs and as to giving security as it deems fit.

Time within which to bring application

(1) An application for judicial review shall be brought within 30 days of the date of occurrence of the subject matter of the application.
(2) The notice of motion or summons shall be served on all persons directly affected and where it relates to any proceedings before a lower court or tribunal and the object of the application is either to compel the court or an officer of the court or tribunal to do any act in relation to the proceedings. or to quash it or any order made therein, the notice or summons shall also be served on the clerk or registrar of the court or tribunal.
(3) There shall be at least 7 days between the service of the Notice of Motion or Summons and the day named therein for the hearing.
(4) The motion or summons shall be entered for hearing within 14 days of filing.
(5) The motion or summons shall be served in accordance with Order 9.
(6) If on the hearing of the motion or summons the court is of the opinion that any person who ought, whether under this Rule or otherwise, to have been served has not been served, then the court may adjourn the hearing on such terms, if any; as it may direct in order that the notice or summons may be served on that person.

Statements and affidavits

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

Claim for damages

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

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 court 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 them, the applicant may not question the validity of any order, warrant, commitment, conviction, inquisition or record unless before the hearing of the motion or summons he has filed a copy thereof verified by affidavit or accounts for his failure to do so to the satisfaction of the court.
(3) Where an order of certiorari is made in under sub-rule (2), the order shall. subject to sub rule (4), direct that the proceedings shall be quashed forthwith on their removal into court.
(4) Where the relief sought is an order of certiorari and the court is satisfied that there are grounds for quashing the decision to which the application relates the court may, in addition to quashing it, remit the matter to the court below with a direction to reconsider it and reach a decision in accordance with the findings of the court.
(5) Where the relief sought is a declaration, an injunction or damages and the court considers that it should not be granted on an application for judicial review but might have been granted if it had been sought in an action begun by writ by the applicant at the time of making his application, the court may, instead of refusing the application, order the proceedings to continue as if they had been begun by writ.

Persons acting in obedience to an order of mandamus

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

Consolidated of application

10.

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

Respondent challenging Jurisdiction

11.

Where the respondent is challenging the jurisdiction of the court to hear the application, he may apply to the court for an order striking out the suit or setting aside the proceeding.

Preliminary objection

12.

The preliminary objection shall be by motion on notice and filed with the counter affidavit to the main application.

Preliminary objection to be heard with main application

13.

On the hearing date, the preliminary objection shall be heard with the main application.

Order to be made

14.

The Court, after hearing the application, may make an order:
(a) striking out the application for want of jurisdiction; or
(b) setting aside the service of the originating application.

Ruling

15.

Where the court does not decline jurisdiction, it shall proceed to give its ruling on the substantive application.

Notice of Appeal

16.

II APPEALS FROM MAGISTRATE’S COURT, ETC.

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

Contents, etc., of Notice of Appeal

17.

(1) The Notice of Appeal shall set out the reference number of the proceedings in which the decision complained of was given, the names of the parties, the date of the 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 an address within the Judicial Division in which is situated the lower Court appealed from, to which notices maybe sent for the appellant.

Form 40.
(4) The Notice of Appeal shall be in Form 40 in the Appendix and may be varied to suit the circumstances of the case provided so that no variation of substance shall be made.

Copies of record of proceedings

18.

(1) The Registrar of the lower Court shall, within 3 months of the decision appealed from, prepare as many certified copies of the record of proceedings, including the Notice of Appeal, required for the consideration of the appeal as there are parties on record, provided that where the registrar of the lower Court fails, neglects or refuses to do so, the appellant or his legal practitioner may prepare the record of appeal and serve same on all the parties within 15 days of the expiration of the time for the registrar to have done so.
(2) The Registrar shall, within 7 days of preparing the certified copies of the record of proceedings and Notice of Appeal referred to in sub-rule (1), notify the parties to come forward and collect their own copies upon payment of necessary fees, and shall send copies to the Registrar of the Court in the Judicial Division in which the lower Court is situated, and the appeal shall be decided by the Judge of the Division.
(3) Except where the fees for preparing the copies are remitted, a deposit not exceeding N70,000.00 decided upon by the Registrar as likely to cover the fees, shall be made by the appellant before the preparation of the copies.

Filing of address

19.

(1) The appellant shall, within 30 days of the receipt of the Record of Proceedings from the lower Court, file in the Court a brief which shall contain a succinct statement of his argument in the appeal.
(2) The respondent shall, within 30 days of the service of the appellant’s brief on him, file the respondent’s brief, which shall answer all material points of substance contained in the appellant’s brief and contain all the points raised therein which the respondent wishes to concede as well as reasons why the appeal ought to be dismissed.
(3) The appellant may, if necessary, within 14 days of the service on him of the respondent’s brief, file and serve a reply brief which shall deal with all new points arising from the respondent’s brief.
(4) All parties, whose interests are identical or joint, shall file joint brief, and separate brie may be filed only by those parties whose interests are separate or in conflict.

Proceedings time

20.

The times prescribed in Rules 12 to 15 and Rules 24 may be enlarged at any time by the Court on any terms it deems fit, after notice for enlargement of time.

Where time expires

21.

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

Constitution of Court hearing appeals

22.

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

Time and place for hearing

23.

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

Where appellant fails to appear

24.

(1) If, on the day of hearing or at any adjournment of the case, the appellant does not appear, the appeal shall be struck out, unless the Court thinks fir, for sufficient cause to order otherwise.
(2) If the respondent appears in the case the judgment shall be with costs of the appeal against the appellant, unless the Court expressly orders otherwise; but if the respondent does not appear, the costs of the appeal shall be at the discretion of the Court.

Where appellant appears

25.

If, on the day of hearing and at any adjournment of the case, the appellant appears, the Court shall, whether the respondent appears or not, proceed to the hearing or further hearing and determination of the appeal and shall give judgment according to the merits of the case without regarding any imperfection or defect of form; but if it appears or is proved to the Court that the appellant has not complied with the requirements precedent to the hearing of an appeal herein before contained, the Court shall dismiss the appeal and affirm the decision, with or without costs of appeal against the appellant.

Appeal limited to grounds given in notice

26.

On the hearing. it shall not be competent for the appellant to go into any other reasons for appeal than those set forth in his notice of grounds of appeal; but where, in the opinion of the Court, other ground of appeal than those set forth in the memorandum of grounds of appeal should have been given, or the statement of grounds of appeal is defective, the Court, in its discretion, may allow the amendments of the memorandum of grounds of appeal upon any conditions as to service upon the respondent and as to costs as it may think fit.

Request to confirm judgment on other grounds

27.

(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 Court.
(2) The notice shall be accompanied by a clear statement of the grounds on which the respondent intends to ask the Court to confirm the judgment of the lower Court.
(3) The notice and grounds shall be filed in Court within 14 days of service on the respondent of the notice and grounds of appeal, and shall be served on the appellant or his Legal Practitioner.

Counter appeal

28.

(1) The respondent may file grounds of appeal against any part of the judgment of the lower Court.
(2) The grounds shall be filed by the respondent within 30 days of service on him of the appellant’s notice and grounds of appeal, and shall be served on the appellant or his Legal Practitioner before the hearing.

Objections to form of grounds of appeals

29.

(1) No objection on account of any defect in the form of setting forth any ground of appeal shall be allowed, unless the Court is of 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) Where the Court is of opinion that any objection to any ground of appeal ought to prevail, the Court may, if it deems fit, cause the ground of appeal forthwith to be amended upon any terms and conditions as the Court deems just.

Defects in proceedings under appeal

30.

Where there is an appeal from a decision of a lower Court, no objection shall be taken or allowed to any proceedings in the lower 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 the lower 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 the lower Court:
Provided, however, that if any error, defect, or variance mentioned in this Rule appears to the Court at the hearing of any appeal to be such that the appellant has been thereby deceived or misled , it shall be lawful for the Court to refer the case back to the lower Court with directions to re-hear and determine it or to reverse the decision appealed from, or to make any other order for disposing of the case as justice may require.

Defects in notice of appeal or recognizance

31.

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

Additional evidence

32.

The court may, in any case where it considers it necessary that evidence should be adduced:
(a) order the evidence to be adduced before the Court on a day to be fixed in that behalf; or
(b) refer the case back to the lower Court to take the evidence, and may in the case direct the lower Court:
(i) to adjudicate afresh after taking the evidence and subject to any direction in law that the Court may deem fit to give; or
(ii) after taking the evidence, to report specific findings of fact for the information of the Court, and 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

33.

(1) When additional evidence is to be taken by the lower Court and specific findings of fact reported, it shall certify the 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 28 shall be taken as if it were evidence taken at the trial before the lower Court.
(4) When forwarding to the Court any additional evidence taken by a lower Court in pursuance of Rule 28, the lower Court may:
(a) express its opinion on the demeanour of the witnesses and of the value of their evidence; and
(b) if it is the same Court against whose decision the appeal has been made, state whether or not it would have come to a different decision had the additional evidence been brought forward at the trial.

Fees First schedule

34.

The fees in the First Schedule shall be charge able in civil appeals save where they 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 fees on the ground of the poverty of the person chargeable therewith where it appears that there are substantial grounds of appeal.

Allowances to witnesses Third Schedule

35.

Allowances may be made to witnesses in accordance with the provisions of the Third Schedule.

Stay of execution

36.

(1) Where an application is made for stay of execution under any enactment establishing the lower Court, the lower Court or the Court may impose one or more of the following conditions:
(a) that the appellant shall deposit a sum fixed by the Court not exceeding the amount of the money or the value of the property affected by the decision or judgment appealed from or give security to the satisfaction of the Court for the said sum;
(b) that the appellant shall deposit a sum equal to the amount of the costs allowed against him or give security to the satisfaction of the Court for the said sum;
(c) that the appellant shall, where the decision or judgment appealed from relates to possession of lands or houses, give security to the satisfaction of the Court for the performance of the decision or judgment in the event of the appeal being dismissed;
(d) that the appellant’s property shall be seized and attached pending the making of a deposit or the giving of security as aforesaid, including a deposit or security for the expenses incidental to the seizure and attachment;
(e) that the appellant’s property shall be seized, and attached and sold and the net proceeds deposited in Court pending determination of the appeal.

(2) Any order made pursuant to sub-rule (1) shall limit the time, not being more than 30 days, for the performance of the conditions imposed, and direct that in default of the performance within the time so limited, execution may issue or proceed.
(3) An application for stay of execution under the enactment establishing the lower Court may be made at any time after lodgment of the Notice of Appeal and shall in the first instance be made to the lower Court; but where execution has been ordered by the Court the application shall not be made to the lower Court but to the Court.
(4) The application may be exparte but the Court may direct notice of the application to be given to the other party to the appeal; and where an order is made ex-parte, the Registrar of the Court shall notify the other party of the order made.
(5) Where the appellant proposes to give security instead of making a deposit, the application shall state the nature of the security and the name of any surety proposed.
(6) Any party dissatisfied with an order made by the lower Court may apply to the Court by motion, original or interlocutory, as the case may require, with notice to the other party for a review of the order, and the Court may thereupon make the order as may seem just.
(7) An appeal shall not operate as a stay of execution under the decision or judgment appealed from except where the lower Court or the Court may order; and no intermediate act or proceedings shall be invalidated except where either Court may direct.

Costs

37.

The Court may make an order as to the payment of costs by or to the appellant as it considers just, and the order may be made in any where an appeal has not been entered into or prosecuted.

Security for costs

38.

(1) The Court may, in special circumstances upon application on notice by motion original or interlocutory as the case may require, supported by affidavit, order the appellant to deposit a sum or give security as may seem fit for the respondent’s costs of appeal, including the costs incidental to the application.
(2) Without prejudice to order 51, the order shall limit the t1me, not exceeding 30 days, within which the deposit or security shall be made or given and may direct that in default of its being made or given within the time so limited the appeal shall without further order be deemed struck out.
(3) Where an appeal is deemed struck out, the respondent shall be entitled to all reasonable costs occasioned by the appeal and the amount of the costs may be stated in the order in anticipation or may be assessed at any time by the Court of its own motion or on application made ex-parte or on notice, as the Court deems fit.
(4) Where an appeal is deemed struck out, the appellant shall take no further step or proceedings therein save by leave of the Court for reinstatement of the appeal, which may be granted on any terms that may seem fit upon application by motion on notice given within 30 days of the dismissal, but not otherwise.
(5) Without prejudice to the discretion of the Court to grant costs where it seems proper on an application made under sub-rule (1), costs shall not normally be granted to the applicant save where the net proceeds of execution levied on the appellant’s goods are sufficient to satisfy the amount payable under the judgment or decision appealed from.

Order of High Court to be certified to Magistrate’s Court

39.

(1) When a case is decided on appeal, the Court shall certify its judgment or order to the lower Court in which the decision appealed against was pronounced.
(2) The lower Court to which the Court certifies its Judgment or order shall thereupon make any order as are conformable to the judgment or order of the Court, and, where necessary, the records shall be amended in accordance therewith.

Enforcement of judgment

40.

After the pronouncement of the judgment 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 the decision or judgment had been pronounced by itself.

Enforcement of orders

41.

Any order given or made by the Court may be enforced by the Court or by the lower Court as may be most expedient.

High Court may enlarge time

42.

The Court may, if it deems fit, enlarge any period of time prescribed by this Order.

Interpretation

43.

In this Order:
“The lower Court” means the Court whose judgment is appealed against;
“Judgment” includes an order or a ruling.

ORDER 44

Chief Registrar

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

Business to be transacted by Chief Registrar

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

Chief Registrar may refer matter to the Chief Judge

Where the Chief Registrar considers any matter proper for the decision of a Judge, he may refer the matter to the Chief Judge or the Judge who referred the matter to the Chief Registrar, and the Chief Judge or the Judge may dispose of the Matter or refer the it back to the Chief Registrar with any direction as he may deem fit.

Appeal from order of Chief Registrar

(1) A person affected by an order or decision of the Chief Registrar in the exercise of the jurisdiction conferred on him by this Order may appeal to a Judge.
(2) The appeal shall be by notice in writing to attend before the Judge without a fresh summons within 5 days after the decision complained of or any further time that the Judge may allow.
(3) Unless otherwise ordered, there shall be at least 2 clear days between service of the notice of appeal and the day of hearing, and an appeal from the decision of the Chief Registrar shall not operate as a stay of proceedings unless ordered by the Judge.

Chief Registrar’s lists

Lists of matters to be heard by the Chief Registrar shall be made out and published by being posted on the Courts’ notice boards and the RIVICOMIS platform, or any other platform that the Chief Judge may, in writing direct.

Legal Practitioner may represent party

In any proceedings before the Chief Registrar under the jurisdiction vested in him by this Order, a Legal Practitioner may represent any party.

Certificates

CHIEF REGISTRAR’S CERTIFICATE

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

Reference to judgment, etc

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

Form of Certificate. Civil Form 34

(1) In case of accounts and inquiries, the certificate of the Chief Registrar shall be in Form 34 with any variation that the circumstances may require.

Contents of certificate in cases of accounts and transcripts
(2) The certificate shall:
(a) state the result of the account and not set the same out by way of schedule;
(b) refer to the account verified by the affidavit filed;
(c) specify by the numbers attached to the items in the account which of the items have been disallowed or varied; and
(d) state what additions have been made by way of surcharge or otherwise.

(3) Where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the altered account, the transcript may be required to be made by the party prosecuting the judgment or order and shall thereafter be ref erred to by the certificate. The accounts and any transcripts ref erred to by certificates shall be filed therewith.

When certificate becomes binding

10.

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

Bill of costs

11.

(1) Where the Chief Registrar taxes a bill of costs, he shall:
(a) insert in red ink against every item disallowed, reduced or altered by him, the substance of the modification he made; and
(b) certify the net result of the taxation at the bottom of the bill of costs.

(2) The bill of costs shall be transmitted by the Chief Registrar to the Registry for filing, and the provisions of Rule 10 shall apply in respect of the certificate.

Discharge or variation of certificate after lapse of any time

12.

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

ORDER 45

Application: How made

1) The power of the Court to punish for contempt of Court may be exercised by an order of committal.
(2) An order of committal may be made by the Court where contempt of Court:
(a) is committed in connection with:
(i) any proceedings before the Court:
(ii) criminal proceedings;
(iii) proceedings in an inferior Court;

(b) is committed in the face of the Court or consist of disobedience to an order of the Court, or a breach of an undertaking to the Court; or
(c) is committed otherwise than in connection with any proceedings.

Application to Court

(1) An application for an order of committal shall be made to the Court by motion on notice supported by an affidavit, and shall state the grounds of the application.
(2) The notice of motion, affidavit and grounds shall be served personally on the person sought to be committed; but the Court may dispense with personal service where the justice of the case so demands.

Saving for power to commit without application for the purpose

Nothing in Rules 1 and 2 shall be taken as affecting the power of the Court to make an order of committal of its own motion against a person guilty of contempt of Court.

Provision as to hearing

(1) Subject to rule 2, the Court hearing an application for an order of committal may sit in private ln the following cases:
(a) where the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant or right of access to an infant;
(b) where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder;
(c) where the application arises out of proceedings in which a secret process discovering or invention was in issue;
(d) where it appears to the Court that in the interest of the administration of justice or of reasons of national security, the application should be held in private,
but except as stated above, the application shall be heard in open Court.

(2) Where the Court hearing an application in private by under sub-rule(1) decides to make an order of committal against the person sought to be committed, it shall in open Court state:
(a) the name of the person;
(b) in general terms, the nature of the contempt of Court in respect of which the order of committal is being made;
and
(c) if the person is being committed for a fixed period, the length of that period.

(3) Except with the leave of the Court hearing an application for an order of committal, n0 ground shall be relied on at the hearing except the ground set out in the statement under rule 2.
(4) Where, on the hearing of the application, the person sought to be committed expresses a wish to give oral evidence on his own behalf, he shall be entitled to do so.
(5) The fore going provisions are without prejudice to the powers of the Court to commit for contempt committed in the face of the Court.

Contempt in face of Court saving for

(1) The Court by whom an order of committal is made may by order, direct that the execution of the order of committal shall be suspended for a period or on terms or conditions as the Court may specify.
(2) Where execution for an order of committal is suspended by an order under sub-rule (1), the applicants for the order of committal shall, unless the Court directs otherwise, serve on the person against whom it was made a notice informing him of the making and terms of the order under sub-rule (1).

Power to suspend execution of committal order

(1) The Court may on application of any person committed to prison for any contempt of Court discharge him.
(2) Where:
(a) a person has been committed for failing to comply with the judgement or order requiring him to deliver anything to another person or to deposit it in Court or elsewhere; or
(b) a writ of sequestration has been issued to enforce that judgement or order, if the thing ls in the custody or power of that person committed, the sheriff shall take possession of it as if it were the property of the person and without prejudice to the generality of sub-rule (1), the Court may discharge the person committed and may give any direction for dealing with the thing taken by the Sheriff as it deems fit.

Discharge of person committed Return

Nothing in the foregoing provisions of this order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of Court to a person punishable by virtue of any enactment in like manner as if he has been guilty of contempt of Court to pay a fine or to give security for his good behaviour, and those provisions where applicable and with necessary modification, shall apply in relation to an application for the order as they apply in relation to an application for an order of committal.

Return

Every writ of attachment issued in a case to which this order applies shall be made returnable before the Court, and if a return of nonest inventusis made, one or more writs may be issued on the return of this previous writ.

A person or staff of the judiciary who extorts or receives any money from litigants or their legal practitioner, for the rendering of any service in excess of the fees prescribed under these rules shall be deemed to be in contempt of court and is liable, on conviction, to imprisonment to a period of not less than one month, in addition to a refund of the money extorted or received, and any other punishment as the court may impose.

ORDER 46

Application 1. How made

An application for an Order of Habeas Corpus Ad Subjiciendum shall be made to the Court, except that:
(a) in vacation or at any time when 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 the first instance to a Judge sitting otherwise than in Court.

Affidavit to accompany exparte application

(1) The application may be made ex-parte and shall be accompanied by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.
(2) Where the person restrained is unable owing to the restraint to make the affidavit, the application shall be accompanied by an affidavit to the like effect made by another 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 applicati0n therefore be made by notice of motion to the Judge or to a Judge.
(3) A Judge to whom the application is made may adjourn it so that notice thereof may be given to the jailer.
(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 any other person as the Judge may direct.
(2) Unless the Judge directs otherwise, there shall be at least 2 clear days between the service of the notice and the date named for the hearing of the application.

Copies of affidavits

Every party to the application shall supply to the other party or parties copies of the affidavits 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, electronically or by courier on a jailer where the person is confined or restrained, or on any other public official and copies of the order or motion may be served in like manner on each person connected with or having authority over the place of confinement or restraint.
(2) The order shall contain the date on which the person restrained is to be brought before a Judge and that in default of obedience, proceedings for attachment of the party disobeying will be taken.

Statement and verifying affidavit

(1) Where the order or notice of motion is served on the jailer, he shall within 2 days, file a statement stating the reasons for the detention, the period of the detention and any other matter that the Judge may direct.
(2) The statement shall be verified by an affidavit deposed to by the jailer.

Procedure at hearing

(1) Where the prisoner is brought up in accordance with the order, his Legal Practitioner shall be heard first, followed by the Legal Practitioner for the State and then the Legal Practitioner for the prisoner in reply.
(2) Where the prisoner is not brought in accordance with the order, a Judge may, on the application of the prisoner’s Legal Practitioner, order that the prisoner be discharged or make any other order.

Procedure for attachment

II ATTACHMENT FOR CONTEMPT

(1) The procedure in applications for attachment for contempt of court in cases to which this Rule applies shall be the same as for applications for an order for judicial review under Order 43 so far as may be applicable.
(2) The notice of motion shall be personally served, unless the Judge dispenses with the service.
(3) This Rule applies to cases where the contempt is committed:
(a) in connection with the proceedings to which this Order relates;
(b) in connection with criminal proceedings;
(c) subject to the provisions of the Sheriff and Civil Process Act, any proceedings in the High Court or where the contempt consists of disobedience to an Order of the Court;
(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 to court order

10.

When an order enforceable by committal has been made against a judgment debtor, and if the order 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

11.

Upon service of the application for committal issued in a case to which Rule 9 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, and the statement shall be verified by an affidavit deposed to by the respondent.

Response

12.

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

ORDER 47

When relief by interpleder is granted

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

Matter to be proved by Applicant

The applicant must satisfy the Judge by 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 title of claimant

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

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.

Summons by applicant

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

Stay of action

Where the application is made by a defendant in an action the Judge may stay further proceedings in the action.

Order upon summons

Where the claimants appear in pursuance of the summons, the Judge may order either that any claimant be made a defendant in any action already commenced in respect of the subject matter in dispute in lieu of or in addition to the applicant or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be 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 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) Where a special case is stated, Order 31 shall, where applicable, apply to the special case.

Failure of claimant to appear, or neglect to obey summons

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

Costs etc.

10.

The Judge may, in or for the purposes of any interpleader proceedings. make any order as to costs and all other matters as he deems just.

ORDER 48

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) as excluding the day on which the order is made or on which the event occurs;
(b) where the last day of the period is a holiday the time shall continue until the end of the next day following which is not a public holiday;
(c) where the act is required to be done within a period which does not exceed 6 days, holidays shall be left out of account in computing the period.

Holiday

In this order, holiday means a day which is a Saturday, Sunday or a public holiday.

Time of service

(1) No pleading, summons, motions, orders, originating process, documents 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 affected the following day, provided that service effected after 6.00.p.m. on Friday shall be deemed to have been affected on the next following working day.

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

Time for the filing of any process or the taking of any steps under these rules shall not run and payment for default fees and processes filed out of time shall be exempted during any period that the court registry is under lock and key and business of the court is stalled for any reason not provided for by law.

ORDER 49

Days of sittings

Court Sittings and Vacations

Subject to the provision of the Law, the Judge may, in his discretion, appoint any day or days and any place or places for the hearing of causes as circumstances require.

Sitting of the Court

The sittings of the Judge for the hearing of causes shall be public and either physical or virtual subject to the provisions of the Constitution of Federal Republic of Nigeria.

Office hours

The several offices of the Court shall be open at times that 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 despatch 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 on Christmas Eve and ending on the 7th working day of January next following; and
(d) during the annual vacation. that is the period beginning on a date in August and ending on a date not more than 42 working days later as the Chief Judge may, by notification in the Gazette, appoint.

Vacation

(1) Notwithstanding the provisions of cause Rule 4, any 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 the cause is urgent or a Judge, at the request of all the parties concerned, agrees to hear a cause.
(2) An application for an urgent hearing shall be made by motion on notice and the decision of the Judge on the 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 the Judge directs otherwise.

Recovery of penalties and cost

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.

Notice

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

Filing

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

How process addressed

10.

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

No fees where proceedings by Government Department

11.

No fees are to be taken in respect of any proceedings where the fees would be payable by any Government Department.

Regulations

12.

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

Saving

13.

Where no provision is made by these Rules or by any other written law, the Court shall adopt a procedure that will, in its view, do substantial justice between the parties concerned.

What orders to be made

14.

Subject to particular Rules, the Court may, in all causes and matters, make any order which it considers necessary for doing justice, whether the order has been expressly asked for by the person entitled to the benefit of the order or not.

15.

Without prejudice to the payment of penalty for late filing of processes, a Judge may in appropriate circumstances, allow oral application to be made provided that the other party is present in court and consent to the procedure.

16.

Until a time that point-of-sale machines or any other means of electronic transfer of funds are provided in the various divisions of the Court outside Port Harcourt, payment of assessed fees for filing of all processes shall be made in Port Harcourt.

17.

No fees or money shall be paid by litigants for the opening and movement of processes and case files or service thereof except as provided under these rules.

18.

The cost of execution of any judgment shall not be more than N50,000.00, provided that the Chief Judge may review the figure in writing.

ORDER 50

Defendant leaving Nigeria

Where in any action the Nigeria defendant is about to leave or has disposed of or removed from Nigeria his property or any part of the property or is about to do so, the claimant may, either at the institution of the suit or at any time thereafter until final judgment, apply by ex-parte motion to the Judge for an order that the defendant do 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) Where the Judge, after making any investigation that he considers necessary, is of the opinion that there is probable cause for believing that the defendant is about to leave Nigeria and that by reason of his leaving, the execution of any judgment which may be made against him is likely to be obstructed or delayed, the Judge shall issue a warrant to bring the defendant before him, that he may show cause why he should not give good and sufficient bail for his appearance.
(2) The defendant shall be brought to court within 2 days of the execution of the warrant.

Ball for appearance or satisfaction

Where the defendant fails to show cause, the Judge shall order him to give bail 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 passed against him in the suit or to give bail for the satisfaction of the judgment; and the surety or sureties shall undertake, in default of the defendant’s 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 bail

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

Committal in default

(1) Where the defendant fails to furnish security or offer a sufficient deposit, the Judge may commit him into custody until the decision 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 6 months.
(3) The Judge may at any time upon reasonable cause being shown and upon any terms as to security or otherwise as seems just, release the defendant.

Cost of subsistence of person arrested

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

ORDER 51

Application

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

Who may sue or defend informa pauperis

A Judge may admit a person to sue or defend informa 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 write an application to the Chief Judge accompanied by an affidavit, signed and sworn to by the applicant himself, stating that by reason of poverty he is unable to afford the services of a Legal Practitioner.
(2) Where 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 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 informa pauperis may be remitted in whole or in part as a Judge deems fit, and a person admitted to sue or defend shall not be liable to pay or be entitled to receive any costs, unless the Judge orders otherwise.

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 other applicant, or the action taken or defended thereunder.
(2) Where the applicant pays or agrees to pay any money to any person in connection with his application or the action taken or defended thereunder, the order appointing the Legal Practitioner shall be revoked.
(3) Where the Legal Practitioner assigned to the applicant discovers that the applicant is possessed of means beyond those stated in the affidavit, if any, he shall at once report the matter in writing to the Chief Registrar.

Revocation of order, discontinuance, etc

(1) The Chief Judge may, at any time, revoke the order granting the application and thereupon the applicant shall not be entitled to the benefit of this Order in any proceedings to which the application relates unless otherwise ordered.
(2) The applicant or the Legal Practitioner assigned to him shall not discontinue, settle or compromise the action without the leave of a Judge.

Payment to Legal Practitioner

The Judge may:
(a) order payment to be made to the Legal Practitioner out of any money recovered by the applicant; or
(b) charge in favour of the Legal Practitioner upon any property recovered by the applicant, any sum as in all the circumstances the Judge 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.

Appeals

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

ORDER 52

Legal Practitioner conduct matter of final judgment

Every Legal Practitioner who is engaged in any matter is bound to conduct the matter on behalf of the party, by or for whom he is engaged until final judgment, unless allowed by a Judge for any special reason to cease acting in the matter.

Notice of change or withdrawal of Legal Practitioner

Notice of change or withdrawal of Legal Practitioner may be made by a party or his Legal Practitioner not less than 3 clear days before the date fixed for hearing.

Service of notice

Notice under this Order shall be served on all parties to the matter, and, where applicable, on the outgoing Legal Practitioner.

Swearing of Oaths

(1) In contentious matters, no counsel shall swear to an affidavit on behalf of a party.
(2) The deponent shall the present himself before Commissioner for Oaths.

Holding Brief

Counsel shall not hold the brief of another counsel in any suit or application without being properly and fully briefed and seized of the matter.

Proper Dressing

Counsel appearing before a Judge in court shall be properly robed and only the following are allowed:
(a) men shall wear their wigs, black robe on top of their:
(i) white shirt with detachable collar and bib:
(ii) black shoes;
(ii) black suit properly buttoned or black sleeved vest with black or grey stripped trousers;
(iv) men to wear lawyers’ wig to properly cover the head.

(b) Women shall wear their robe on top of:
(i) lawyers’ wig to properly cover the hair which if long should be drawn back into a bun;
(ii) stud earring and not chandelier or any other ostentatious jewellery:
(iii) white or black camisole under dark sleeved suit and not sleeve less top;
(iv) white collarets to be tucked inside the camisole;
(v) black coloured knee length skirt or gown;
(vi) black sleeved jackets with black or grey stripped skirt;
(vii) black shoes.

The Court may deny audience to any counsel who is not properly dressed and shall further direct the counsel to vacate the Bar until he dresses properly.

ORDER 53

Principles 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 expenses to which he has been necessarily put in the proceedings, as well as compensated for his time and effort in coming to court. The Judge may take into account all the circumstances of the case.
(2) When costs are ordered to be paid, the amount of such costs shall, if practicable, be summarily determined by the Judge at the time of delivering the judgment or making the order.
(3) 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 thereto shall be referred by the Judge to a taxing officer for taxation.

Security for costs

In any cause or matter in which security for costs is required, the security shall be of such amount and be given at such times and in such manner and form as the Judge shall 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, though he may be temporarily resident within the jurisdiction.

Action founded on judgment or bill of exchange

In actions brought by persons 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.

Cost 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 Court. including the administration of estates and trusts, shall be at the discretion of the Judge, and the Judge shall have full power to determine by whom and to what extent the costs are to be paid.

Costs out of fund or property

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

Stay of proceedings till 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 accordingly, but such order shall not supersede the use of any other lawful method of enforcing payment.

Stay of proceedings at which costs to be dealt with

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

When costs to follow the event

10.

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

Matters to be taken into account in exercising discretion

11.

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

Costs arising from omission or neglect

12.

(1) Where in any cause or matter anything is done or omission is made improperly or unnecessarily by or on behalf of a party, the Judge may direct that any costs to that party in respect of it shall not be allowed to him and that any costs occasioned by it to other parties shall be paid by him to them.
(2) Without prejudice to the generality of sub-rule 1 of this Rule, the Judge, shall for the purpose of that sub-rule have regard in particular to the following matters, that is to say:
(a) the omission to do anything the doing of which would have been calculated to save costs;
(b) the doing of anything calculated to occasion or in any manner or at any time calculated to occasion unnecessary costs; and
(c) any unnecessary delay in the proceedings.

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

Personal Liability of Legal Practitioner for cost

13.

(1) Subject to the following provisions of this Rule, where in any proceeding’s costs are incurred improperly or without reasonable cause or are wasted by undue delay or by any other misconduct or default, the Judge may make against any Legal Practitioner whom he considers to be responsible, whether personally or through a servant or agent, an order:
(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 to the proceedings; or
(c) directing the Legal Practitioner personally to indemnify such other parties against costs payable by them.

(2) The provisions of Rule 13 sub-rule 1 shall apply where proceedings in court cannot conveniently proceed or fall or are adjourned without useful progress being made:
(a) because of the failure of the Legal Practitioner to attend in person or by a (a) proper representative; or
(b) because of the failure of the Legal Practitioner to deliver any document for the use of the Court which ought to have been delivered or be prepared with any proper evidence or account or otherwise 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 proceedings or order against a Legal Practitioner under this Rule shall be given his client to in such manner as may be specified in the direction.
(5) If, on the taxation of costs to be paid out of a fund, one-sixth or more of the amount of the bill for those costs is taxed off, the Legal Practitioner whose bill it is shall not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.

Taxation of costs

14.

Every bill of costs (other than a bill delivered by a Legal Practitioner to his client which fails 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

15.

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

Power of taxing officer

16.

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

Supplementary powers of taxing officers

17.

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 represented jointly with any other party in any proceedings before him to be separately represented;
(c) examine any witness in those proceedings; and
(d) direct the production of any document which may be relevant in connection with those proceedings.

Extension of time

18.

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

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

19.

Where a party entitled to be paid costs is also to pay cost the taxing officer liable may:
(a) tax the costs which that party is liable to pay and set off the amount allowed against the amount he is entitled to be paid and direct payment of any balance; or
(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

20.

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

Provisions as to bills of costs

21.

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

Provisions as to taxation proceedings

22.

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

Scale of costs

23.

(1) Subject to Rule 20, and the following provisions of this Rule, the scale of fees as shall be contained in any legal notice passed pursuant to a law of the Rivers State House of Assembly shall apply to the taxation of all costs incurred in relation to contentious business done after the commencement of these Rules.
(2) Where the amount of a Legal Practitioner’s remuneration in respect of non-contentious business connected with sales, purchases, leases, mortgages and other matters of conveyancing or in respect of 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 of fees as shall be contained in any legal notice passed pursuant to a law of the Rivers State House of Assembly.

Certificate of taxing officer

24.

Upon the completion of the taxation of any bill of costs the taxing officer shall certify the result of his taxation including the costs thereof.

Fees on taxation

25.

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

26.

Any party to any taxation proceedings who is dissatisfied with the allowance or disallowance in whole or in part of any item by a taxing officer or with the amount allowed by a taxing officer in respect of any item may apply to a Judge for an order to review the taxation as to that item.

Application for summons

27.

(1) An application under the preceding Rules 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 on the hearing of an application under this Rule, and no ground of objection shall be raised which was not raised on taxation but, save as aforesaid, on the hearing of any such application the 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 make such order as the circumstances require and in particular may order the taxing officer’s decision to be amended or, except where the dispute as to the item under review is as to amount only, order the item to be remitted to the same or another taxing officer for taxation.

ORDER 54

Representation in Chambers

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

Matter to be disposed of in Chambers

Unless the opposite party or his Legal Practitioner objects, the Judge may, on application, conduct any proceedings, except actual trial, in Chambers, and may on application, adjourn the proceedings from Court to Chambers or vice versa.

Evidence upon application for appointment of guardians and for maintenance

PROCEEDINGS RELATING TO PERSONS UNDER LEGAL DISABILITY
Where an application is made for the appointment of guardians of infants and allowance for maintenance, the evidence shall show:
(a) the ages of the infants;
(b) the nature and amount of the infant’s fortunes and incomes; and
(c) what relations the infants have.

Guardian with reference to proceeding in Chambers

At any time during the proceedings 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 the judgment or order.

Further consideration of matter originating in Chambers

III. FURTHER CONSIDERATION

(1) Where a matter originating in Chambers, at the original or any subsequent hearing, has been adjourned for further consideration in chambers, the matter may, after the expiration of 8 days and within 14 days from the filing of the certificate, be brought on for further consideration by a summons to be taken out by the party having the conduct of the matter, and after the expiration of the 14 days, by a summons to be taken out by any other party.
(2) The summons shall be served 7 clear days before the return, in the following form:
“That this matter, the further consideration whereof was adjourned by the order of the…………..on……………day of……………… 20…….. may be further considered”.

Provided that this Rule shall not apply to any matter, the further consideration whereof, at the original or any subsequent hearing, has been adjourned in Court.

Notes of proceedings in Chambers

REGISTERING AND DRAWING UP OF ORDERS IN CHAMBERS
Notes shall be kept of all proceedings in the Judges’ Chambers with proper dates, so that the proceedings in the 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 any entry of orders made in Chambers

Orders made in Chambers shall, unless the Judge directs otherwise, be drawn up by the Registrar and signed by the Judge, and the 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 and incident to all proceedings Chambers shall be at the discretion of the Judge.

Decisions given in Chambers how set aside or varied

(1) Where any party to a proceedings in Chambers does not intend to accept the decision of the Judge in Chambers as final, he shall forthwith request to have the summons adjourned into Court for argument.
(2) Where the 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 in Chambers.
(3) The notice of motion shall be filed not later than 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 the motion shall be heard and determined by the Judge who has dealt with the matter in Chambers, unless this proves impossible or inconvenient owing to the Judge’s death or retirement or prolonged absence from Rivers State.
(4) This Rule shall apply to decisions given by a Judge in Chambers on appeal from the Chief Registrar under Order 44 rule 4.

ORDER 55

Originating summons for foreclosure

Any:
(a) mortgagee or mortgagor, whether legal or equitable;
(b) person entitled to or having property subject to a legal or equitable charge; or
(c) person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out an originating summons, for such relief of the following nature or kind, as the summons may specify and as the circumstances of the case may require:
(i) payment of money secured by the mortgage or charge;
(ii) sale:
(ii) foreclosure;
(iv) delivery of possession, whether before or after foreclosure, to the mortgagee or person entitled to the charge, by the mortgagor or person having the property subject to the charge, or by any other person in or alleged to be in possession of the property;
(v) redemption;
(vi) re-conveyance: and
(vii) delivery of mortgagee. possession by the mortgage.

Civil Forms 35, 36, 37

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

Service and execution of judgment

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

Any response by the respondent shall be as provided in order 42 rule 1 (5) and (6).

ORDER 56

Bringing in judgment, etc directing account and inquiries

Every judgment or order directing accounts or inquires to be taken or made shall be brought to a Judge by the party entitled to prosecute the same within 10 days after the judgment or order has been entered or filed, and where the party defaults, any other party to the cause or matter shall be at liberty to bring in the same, and the party shall have the prosecution of the judgment or order unless the Judge shall direct otherwise.

Summons to proceed with accounts and inquiries: Directions

Where a copy of the judgment or order is left, a summons shall be issued to proceed with the accounts or inquiries directed, and on the return of the summons, the Judge, if satisfied by proper evidence that all necessary parties have been served with notice of the judgment or order, shall thereupon give directions as to the:
(a) manner in which each of the accounts and inquiries is to be prosecuted;
(b) evidence to be adduced in support thereof;
(c) parties who are to attend on the several accounts and inquiries; and
(d) time within which each proceeding is to be taken and a day or days may be appointed for the further attendance of the parties, and the directions may afterwards De varied by addition thereto or otherwise, as may be found necessary.

Setting deed where parties differ

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 on the return of the summons, the party entitled to prepare the draft deed shall be directed to deliver a copy thereof, within a time as the Judge deems fit, to the party entitled to object to it, and the party entitled to object shall be directed to deliver to the other party a statement in writing of his objections within 8 days after the delivery of the copy, and the proceeding shall be adjourned until after the expiration of the period of 8 days.

Where service of notice of judgment or order dispensed with

Where on 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 on any party cannot be made, the Judge may if he deems fit, order any substituted service or notice by advertisement or otherwise in lieu of the service.

Stoppage of proceedings where all necessary parties have not been served with notice of judgment or order

(1) Where on the hearing of 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 for creditors, and for leaving the accounts in Chambers.
(2) Adjudication on creditors’ claims and the accounts are not to be proceeded with, and no other proceeding is to be taken, except for the purpose of ascertaining notice of the parties to be served, until all necessary parties have been served and until directions have been given as to the parties who are to attend the proceedings.

Documents copies for use of judge

Copies, abstracts, extracts of or from accounts, deeds or other documents and pedigrees and concise statements shall, if directed, be supplied for the use of the Judge, and where so directed copies shall be handed over to the other parties:
Provided that no copies shall be made of deeds or documents where the originals can be brought in unless the Judge shall direct otherwise.

Entry in Summons to Proceed book

Where any summons to proceed is obtained, an entry shall be made in the Summons Book, stating the:
(a) date on which the summons is issued:
(b) name of the cause or matter:
(c) party who issued the summons, and the purpose for which the summons is obtained, and
(d) return date for the summons.

ORDER 57

Application of this Order

(1) This Order shall not apply where the person in occupation of land is:
(a) a tenant;
(b) tenant holding over after termination of his tenancy;
(c) a licensee of the owner or person entitled to possession; or
(d) a person who had the consent of the predecessor-in-title of the person who is entitled to possession.

(2) Where a person claims possession of land which he alleges is occupied solely by a person not listed in sub-rule (1), proceedings may be brought by originating
summons in accordance with the provisions of this Order.

Proceedings to be brought by originating summons: Civil Form 38

The originating summons shall be in Form 38 and service shall be by publication in any newspaper circulating within Rivers State where the person in occupation is unknown.

Affidavit in support

The claimant shall file an affidavit in support of the originating summons 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 a 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 9 Rule 1 (3);
(b) by leaving a copy of the summons and affidavit, or sending them to him at the premises; or
(c) in any other manner that the Judge may direct.

(2) In addition to being served on any named defendants, the summons shall be served in accordance with sub-rule (1) by:
(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and
(b) if practicable, inserting through the letter box at the premises, a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to “the Occupiers”, unless the Judge directs otherwise.

(3) Every copy of an originating summons tor service under sub-rule (1) or (2) shall be signed and stamped by the Registrar of the Court.

Application by occupier to be made a party

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

Order for possession. Civil For 39

(1) An order for possession in proceedings under this Order shall be as in Form39 with any variation as circumstances may require.
(2) A Judge may visit the locus before an Order for possession is made, where there is no defence or where the circumstances of the case so, required.
(3) The Judge may forthwith order a writ of possession to be issued.
(4) Nothing in this Order shall prevent the Judge from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by Writ.

Writ of possession

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

Setting aside of order

(1) The Judge may, on 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.

ORDER 58

Stay of execution pending appeal

(1) Where any application is made to a Judge for a stay of execution or of proceedings under any judgment or decision appealed from, the application shall be made by notice of motion supported by affidavit setting forth the grounds upon which a stay of execution or of proceedings is sought.
(2) The provisions of Order 42 rule 1 shall apply to an application under this Order.

Court may grant or refuse order for stay

(1) The court may grant or refuse an order for a stay of execution or of proceedings.
(2) An order for stay may be made subject to any conditions that shall appear just, including the deposit in court of any money adjudged due to any party in the judgment appealed from.
(3) The applicant for stay of execution shall ensure the record of appeal is compiled within 90 days from the date of the filing of the notice of appeal.
(4) Where the record of appeal is not compiled and transmitted, the respondent may apply to the court or the court may, suo motu, strike out the application or discharge the order for stay already made or granted.
(5) Any motion for stay struck out or order for stay discharged under this Rule shall not be relisted, refiled or revived.

Formal order to be drawn up

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

ORDER 59

Petition to be made to Probate Registrar

I Grant of Probate or Administration in Where General

Where any person subject to the jurisdiction of the Court dies, all:
(a) petitions for the grant of any Letters of Administration of the estate of the deceased person, with or without a Will attached; and
(b) applications on other matters connected with the grant of the Letters of Administration, shall be made to the Probate Registrar of the Court in the forms issued by the Probate Registry.
(2) The Chief Judge shall request a Judge of any Judicial Division to take measures and make any order that may appear necessary or expedient for the interim preservation of the property of the deceased within that 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 the request as far as practicable and report to the Chief Judge.
(3) Except in exceptional circumstances and with leave of the court, no grant of administration:
(a) with the Will annexed shall be issued within 14 days of the death of the deceased; and
(b) without the Will annexed, shall be issued within 21 days of the death of the deceased.

(4) All:
(a) applications with respect to letters of administration or grant of probate or letters of probate; and
(b) searches and other processes relating to the application under paragraph (a),
shall be made by e-filing in the RIVCOMIS platform, provided that manual filing in exceptional circumstances or in case of extreme urgency may be approved in writing by the Chief Judge.
(5) Notwithstanding the exception to the e-filing all processes filed manually shall subsequently be uploaded on the RIVCOMIS e-filing platform and all subsequent filings therein shall be filed electronically except with prior exception in writing by the Chief Judge.

Preservation of property

1) The Chief Judge shall, where the circumstances of the case requires, forthwith on the death of a person, or as soon after as may be practicable, appoint and authorise an officer of the Court, or any 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.
(2) The Judge may refuse to entertain any application under sub-rule (1) where he considers that there has been unreasonable delay in making the application.

Personal application

(1) A personal applicant for a grant may:
(a) apply in person;
(b) not apply through an agent, whether paid or unpaid; and
(c) be represented by any person acting appearing to act as his adviser.

Production of testamentary papers
(2) 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; or
(c) the Judge directs otherwise.
(3) After a will has been deposited in the registry by a personal applicant, it may not be delivered to the applicant or any other person unless the Judge directs under special circumstances.
(4) A personal applicant shall:
(a) produce a certificate of the registration of death of the deceased or any other evidence of the death as the Judge may approve; and
(b) supply all information necessary to facilitate preparation of appropriate documentation required to process the grants in the registry or may by himself prepare the documents and lodge them unsworn.

(5) Unless the Judge directs otherwise, every oath, affidavit or guarantee required by a personal application shall be sworn or executed by all deponents or sureties before an authorised officer.

Application for grants through Legal Practitioners

Every legal practitioner through whom an application for a Grant is made shall give his telephone number, email address and address of his place of business within the jurisdiction of the court.

Further enquiries by Judge

(1) The Judge shall not issue any Grant until all enquiries which he may deem fit to make have been answered to his satisfaction.
(2) The Judge may require proof of identity of the applicant beyond those contained in the oath for the Grant.

Oaths in support of Grant

(1) Every application for a Grant shall be supported by an affidavit in the form applicable to the circumstances of the case sworn by the applicant and by any other documents that the Judge may require.
(2) Unless the Judge directs otherwise, the oath shall state where the deceased was domiciled at the time of death.

Grant in additional Name

Where it is necessary to describe the deceased in a Grant by another name in addition to his true name, the applicant shall state the true name of the deceased in the oath and depose:
(a) that a part of the estate specified in the oath was held in the name; or
(b) to any other reason, for the inclusion of the other name in the Grant.

Additional evidence for Grant

(1) The Judge may where it is desirable, require additional evidence in respect of:
(a) the identity of the deceased or of the applicants:
(b) the relationship of the applicants to the deceased;
(c) any person or persons in existence with a right equal or prior to that of the applicant in respect of the grant of probate or administration sought by the applicant; or
(d) any other matter which may be considered relevant by the Judge in determining whether the applicant is the proper person to whom the Grant should be made.

(2) The Judge may refuse the Grant where the applicant fails or neglects to produce any required evidence as provided in sub-rule (1).

Notice to other

Where it appears to the Judge that any person 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:
(a) due notice of the application has been given to the other person; and
(b) an opportunity given to the person to heard in respect of the application.

Grant where deceased is domiciled outside the state

10.

(1) Where the deceased was domiciled outside of the State, the Judge may order that a Grant should issue:
(a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased was domiciled at the time of death;
(b) to the person entitled to administer the estate by the law of the place where the deceased was domiciled at the time of death;
(c) where the person mentioned in paragraph (a) or (b) does not exist or if in the opinion of the Judge, the circumstances so requires, to a person as the Judge may direct;
(d) where the Grant is required to be made to, or the Judge in his discretion considers that a Grant should be made to not less than two administrators, to a person as the Judge may direct jointly with any person mentioned in paragraph (a) or (b) or with any other person.

(2) Where no order has been made in sub-rule (1):
(a) probate of any Will which is admissible to prove may be granted where the Will:
(i) is in the English language or is in an indigenous language to the executor named in the Will;
(ii) describes the duties of a named person in terms sufficient to constitute him an executor according to the tenor of the Will;

(b) probate may be granted where the whole of the estate in the State consists of immovable property in accordance with the law that would have been applicable if the deceased had died domiciled in the State but the Grant shall be limited to such Estate.

Grant to Attorney

11.

(1) Where a person entitled to a Grant resides outside the State, a Grant may be made to his lawful attorney until the person obtains a Grant or lawful or in any other way as the Judge may direct, but where the person entitled is an executor administration shall not be granted to his attorney without notice to any other executors, if any.
(2) Where the Judge is satisfied by affidavit that it is desirable for a grant to be made to the lawful attorney 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 the person until he obtains a Grant or in any other way the Judge may direct.

Grant on behalf of minors

12.

(1) Where the person entitled to a Grant is a minor, a grant for his use and benefit until he attains the age of 18 shall, subject to sub-rules (3) and (6) be granted:
(a) to both parents of the minor jointly or to any guardian appointed by a Judge:
or
(b) where there is no guardian able and willing to act and the minor has attained the age of 16 years, to a kin nominated by the minor.
(2) A person nominated under sub-rule (1) may represent any other minor below the age of 16 years who is related to him and entitled in the same degree as the minor who made the nomination.
(3) Notwithstanding anything in this Rule administration may be granted to any person assigned under sub-rule (1) for the use and benefit of a minor until the minor attains the age of 18years.
(4) Pursuant to sub-rule (3), the intended guardian shall apply to court and file an affidavit in support of the application and if required by the Court, an affidavit of fitness sworn by a responsible person.
(5) Where a Grant is required to be made to not less than two persons but there is only one person competent and willing to take a grant under the above provisions of this Rule, a Grant may be made to the person jointly with any other person nominated by the Court as a fit and proper person to take the Grant.
(6) Where a minor who is a 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 be granted to the person entitled in the residuary estate, unless the Judge directs otherwise.
(7) Subject to the direction or order of the Judge the right of a minor to a grant of administration may be renounced solely by a person assigned as a guardian under sub-rule (4).

Grant where minor is Co-Executor

13.

(1) Where one of several executors is a minor, probate may be granted to the adult executor with power reserved for making the grant to the minor on attaining the age of 18 years.
(2) Administration for the use and benefit of the minor until he attains the age of 18 years may be granted under rule 12 if the adult executors renounce or, on being cited to accept or refuse a Grant, fail to make an effective application.
(3) The right of a minor to probate on attaining the age of 18 years shall not be renounced by any person on his behalf.

Grant in cases of mental or physical incapacity

14.

(1) Where the Judge is satisfied that a person entitled to a Grant is, by reason of mental or physical infirmity, incapable of managing his affairs, a grant for his use and benefits during his incapacity may be made:
(a) in the case of mental incapacity, to the person authorised by the Judge to apply for the Grant; or
(b) where there is no person authorized or in the case of physical incapacity, to:
(i) the person entitled to the residuary estate, where the person incapable is entitled as an executor and has no interest in the residuary estate of the deceased; or
(ii) the person who will be entitled to a Grant in respect of the estate if he had died intestate or to any other person as the Judge may direct, where the person incapable is entitled otherwise than as executor or is an executor having an interest in the residuary estate of the deceased.
(2) Unless the Judge directs otherwise, 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 the intended application for a Grant under this rule shall be given to the guardian of the person entitled to the Grant, unless the Judge directs otherwise.
(4) Where there is physical disability notice of the intended application for a grant under these rules shall be given to the person alleged to be incapable, unless the Judge directs otherwise.

Notice application to state

15.

Where a State is or may be beneficially interested in the estate of a deceased person, notice of the intended application for a Grant shall be given by the applicant to the Attorney General of Rivers State and the Judge may direct that no Grant shall issue within a specified time after the notice has been given.

16.

(1) A person who has been granted probate or letters of administration or appointed as administrator by the Judge shall file the account of his administration in court annually from the date of the appointment until the completion of the administration.
(2) An executor or administrator who fails to file his account within the prescribed period is liable to a penalty of not less than N100,000.00 for every year of default, failing which a fine for non-payment shall be enforceable by distress or imprisonment for a term not exceeding 6 months, where distress is insufficient.
(3) Where an account is filed in court under this rule, the Judge shall scrutinize the account and where it appears that the account by reason of improper, un-vouched or unjustifiable entries, or for any other reason it is not full and proper account, the Judge shall require the person filing the account to remedy the defects within the time the Judge deems reasonable.
(4) Where the person referred to under sub-rule (1) fails to remedy the defect within the time prescribed, he is deemed to have failed to file an account within the meaning of this rule and proceedings may be taken against him.
(5) The registrar shall notify the Judge that an executor or administrator has failed to file his account as required by this rule.
(6) The Judge may upon application by a party interested summon any executor or administrator to show cause why he should not be sanctioned.
(7) The Judge may for good cause shown extend the time for filing the account.
(8) An executor or administrator who fails to file his account after being granted an extension of time is liable to the penalty set out in sub-rule (2) and the procedure for bringing him before the court shall be as set out in sub-rule (5).
(9) The account shall be open to the inspection of any person who satisfies the registrar that he is interested in the administration of the estate.
(10) In this rule, the word “account” includes:
(a) any inventory and account of the administration; and
(b) the vouchers with the executor or administrator relating to the account and an affidavit in verification.

Penalty for intermeddling

17.

Where any person other than the named executor or administrator, or an officer of the court or person authorised by the Judge takes possession of or administers or 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 as the Judge, having regard to the condition of the person interfering with the property and the other circumstances of the case, may deem fit to impose.

Evidence of foreign law

18.

Where evidence of a foreign law is required in respect of an application for a Grant, the Judge may accept an affidavit from any person who, having regard to the particulars of knowledge or experience given in the affidavit, may be regarded as suitably qualified to give expert evidence of the law in question.

Amendment or revocation of Grant

19.

(1) Where a Judge is satisfied that a Grant should be amended or revoked, he may make an order on the application by or with the consent of the person to whom the Grant was made.
(2) The Judge may in special circumstances on an application by any person interested in the estate on notice to whom the Grant was made make an order to amend or revoke the Grant.

ORDER 60

Deposit of Will

A person may deposit his will for safe custody in probate registry sealed under his own the seal and of the court.

Custody of Will

(1) An original Will, of which Probate or Administration with Will annexed is granted shall be filed and kept in the Probate Registry in a manner as to secure its convenient inspection.
(2) A copy of the Will and of the Probate or Administration shall be immediately preserved in the Registry.

Examination of Will as to due execution

(1) Where a Judge receives an application for administration with Will annexed, he shall inspect the Will to ascertain whether it appears to be:
(a) signed by the testator or by another person in his presence and by his direction; and
(b) subscribed by two witnesses according to the applicable law.
(2) Where the Will appears to be signed and subscribed, the Judge shall refer to the attestation clause and consider whether the wording states that the Will has been executed in accordance with the law, but the Judge shall not proceed further unless the Will appears to be so signed and subscribed.

Evidence as to due execution of Will

(1) Where a Will contains no attestation clause or the attestation clause is insufficient or where it appears to the Judge that there is doubt about the due execution of the Will, he shall before admitting it to proof require an Affidavit of 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) Where no affidavit can be obtained in accordance with sub rule (1), the Judge may, having regard to the desirability of protecting the interest of any person who may be prejudiced by the Will, accept evidence by affidavit from any person he deems fit, to show that the signature on the Will is the handwriting of the deceased, or in any other matter which may raise a presumption in favour of the due execution of the Will.
(3) Where the Judge, after considering the evidence, is satisfied that the Will was not duly executed, he shall refuse probate and mark the Will accordingly.

Proof of due execution where attesting witnesses are dead

Where both subscribing witnesses are dead or if from any other circumstance the affidavit cannot be obtained from either of them, resort shall be had to an affidavit sworn to by other persons present at the execution of the Will; but if the affidavit cannot be obtained, proof shall be required of:
(a) that fact, and of the handwriting of the deceased and the subscribing witnesses and;
(b) any circumstances raising a presumption in favour of the execution of the Will.

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

(1) Where in a Will there is an obliteration or interlineations, or any 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 executed an shall give direction 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 there is doubt as to the date on which the Will was executed, the Judge may require any evidence he deems necessary to establish the date.

Attempted revocation of Will

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

Affidavit as to revocation of Will

(1) The Judge may require an affidavit from any person for the purpose of satisfying himself regarding any matter under Rules 5, 7 and 8.
(2) Where an affidavit is sworn to by an attesting witness or any other person present at the time of the execution of the Will, the deponent shall depose to the manner in which the Will was executed.

Will of blind or illiterate Testator

10.

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

Interlineations, erasures and obliteration in Will

11.

(1) The Judge, on being satisfied that the Will was duly executed, shall inspect it to see whether there is any interlineation, alteration, erasure or obliteration appearing in it and requiring to be accounted for.
(2) Any interlineation, alteration, erasure or obliteration is invalid unless it:
(a) existed in the Will at the time of its execution;
(b) has been executed and attested in the mode required by the applicable law, if made afterward; or
(c) has been made valid by the re-execution of the Will or by the subsequent execution of a codicil to the Will.

(3) Where any interlineation, alteration, erasure or obliteration appear in the Will, unless duly executed, recited in or identified by the attestation clause, an affidavit in proof stating that it existed in the Will before its execution shall be filed.
(4) Where no satisfactory evidence is adduced in respect of the time when an erasure or obliteration was made and any word erased or obliterated is not entirely effaced but can on inspection of the Will be ascertained, it shall form part of the probate.
(5) Where any word erased is important, an affidavit shall be required.

Documents referred to, annexed or attached to a Will

12.

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

Executor dying or not appearing to prove Will

13.

Where a person appointed as executor in a Will survives the testator but dies after appearing to prove the Will without having taken or having been called on by the court to take probate does not appear; his right in respect of the executorship shall cease entirely without any further renunciation by the executor and the administration of the estate of the testator shall proceed as if that person had not been appointed executor.

Production testamentary papers

14.

(1) Any person having in his possession or under his control any paper or writing of a deceased person being or purporting to be testamentary shall immediately deliver the original to the Probate Registrar of the Court.
(2) Where a person fails to deliver the paper or writing within 3 months after having had knowledge of the death of the deceased, he is liable to a fine of not less than N200,000.00 or any higher sum as the Judge deems fit to impose in the circumstances.

Judge may order production

15.

Where it appears that any paper of the deceased being or purporting to be testamentary is in possession of or under the control of any person, a Judge may on an ex-parte application whether a suit or proceeding in respect of probate or administration is pending or not order him to produce the paper and bring it into court.

Examination in respect of purported testamentary papers

16.

(1) Where it appears that there is any reasonable ground for believing that a person has 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 on an application made ex-parte, whether a suit or proceedings in respect of probate or administration is pending or not, order the person to appear in court for examination in respect of same or on interrogatories.
(2) Where the Judge is satisfied after the examination, he may order the person to produce the paper and bring it to court.

Notice to executor to come in and prove or renounce Probate

17.

The Judge may, on his own motion or on the application of any person having an interest under a Will give notice to any executors named in the Will to come in and prove the Will or to renounce probate, and the executors, or one or some of them shall, within 21 days after the notice, come to prove or renounce the Will.

Liability for intermeddling before Grant

18.

If any executor named in the Will of the deceased takes possession and administers, or 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 in contempt of court and is liable to a fine of not less than N100,000.00 as the Judge deems fit to impose.

Engrossment of Will

19.

(1) Where the Judge considers that in any particular case, a photocopy of the original Will is not satisfactory tor purposes of record, he may require that an engrossment suitable for photo reproduction of the Will be lodged.
(2) Where a Will contains traces of alteration which are not admissible to proof, an engrossment of the Will shall be lodged 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) applies, it shall be made book-wise on durable paper following continuously from page to page.
(4) Where any pencil writing appears on a Will, a copy of the Will or of the pages or sheets containing the pencil writing with portions of the original which appears in pencil underlined in red ink, shall be lodged.

Grants to attesting witnesses

20.

Without prejudice to the right of an attesting witness or spouse of an attesting witness to a Grant in another capacity, the witness or spouse of the witness shall not have any right to a Grant as a beneficiary named in the Will.

Right of assignee to Grant

21.

(1) Where all the persons entitled under a Will to the estate of the deceased have assigned their whole interest in the estate to any person the assignee shall replace the assignor for a grant of probate in order of priority or if there are more than one assignor the highest assignor with the priority in absence of a proving executor.
(2) Where there are two or more assignees, probate may be granted to any one or more but not exceeding four of them with the consent of the other assignees.
(3) Where probate is applied for by an assignee a copy of the instrument of assignment shall be lodged in the Registry.

Order of priority of Grant

22.

Where the deceased died after the commencement of this Order, the entitlement of any person to a grant of probate or administration of the Will annexed shall be determined based on priority as follows:
(a) the executor;
(b) any residuary legatee or devisee holding in trust for any other person;
(c) any residuary legatee 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 the person.

Provided that:
(i) 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, unless the Judge otherwise directs:
(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 application1 for the Grant, allow a Grant to be made subject to order 59 rule 14 to any Legatee or devisee entitled to or to a share in the estate so disposed of without regard to the person entitled to share in any residue not disposed of by the Will;

(e) any specific legatee or devisee, or any creditor or the personal representative of the specific legatee or devisee, 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 in the estate, 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.

Grants to successor of beneficiary

23.

Where the beneficial interest in the whole estate of successor of the deceased vests absolutely in a person who has renounced his right to a grant of administration with the Will attached and has consented to the administration being granted to any person who would be entitled to his own estate if he himself died intestate, Administration may be granted to not more than four such persons:
Provided that a surviving spouse shall not be regarded as a person in whom the estate has vested absolutely unless he would be entitled to the estale whatever its value may be.

Renunciation of Probate

24.

(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 another capacity unless he expressly renounces the right.
(2) No person who has renounced a Grant in one capacity may obtain a Grant in another capacity without leave of Court.
(3) A renunciation of probate or administration may be retracted at any time on the order of the Judge:
Provided that the leave to retract renunciation of probate may only be granted in exceptional circumstances after a grant has been made to any other person entitled in a lower degree.

Resealing

25.

(1) A person granted probate or administration with Will attached by a court outside the State for any person authorised in writing on his behalf may apply for the resealing of the probate or administration.
(2) Where an application for resealing is made which shall be supported by an oath sworn to by the person making the application, a tax clearance certificate shall be lodged as if the application is for the Grant in the State and an advertisement placed in a manner as the Judge may direct.
(3) Where an application for the resealing of a grant is made:
(a) the Judge shall not require a surety except where:
(i) it appears to the Judge that the Grant is made to a person or for a purpose mentioned in Order 61 Rule 4(1) – (6); or
(ii) the Judge considers that there are special circumstances making it desirable surety;
(b) order 61 rule 4(2), (4), (5). (6) and order 61 rule 3(4) shall apply with necessary modification; and
(c) a guarantee entered into by a surety shall be in probate Form 1 with any variation as circumstances require may require.
(4) Except by leave of the Judge, no Grant shall be resealed unless it was made to a person mentioned in rule 25(3)(a) or (b) or to a person whom a Grant could be made under order 59 rule 10(2).
(5) No limited or temporary Grant shall be received except with leave of the Judge.
(6) Every Grant lodged for resealing shall include a copy of any Will to which the Grant relates or shall be accompanied by a copy certified as correct by or under the authority of the Court by which the Grant was made.
(7) The Registrar shall send notice of the resealing to the court which made the order of 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 that resealed the Will.

Citation

26.

(1) Notice in the nature of citation shall be given in a manner that the Judge directs.
(2) Every citation shall be settled by the Registrar before being issued.
(3) Every averment in a citation and any other information that the Registrar may require shall be verified by an affidavit sworn to by the person issuing the citation or by any of them, if more than one,
Provided that the registrar may, in special circumstances, accept an affidavit sworn by the legal practitioner of the person.

(4) The citor shall enter a caveat before issuing a citation.
(5) Every citation shall be served personally on the person cited unless a Judge, on cause shown by affidavit, directs another 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:
(a) may, within 8 days of service of the citation on him, inclusive of the day of the service or at any subsequent time if no application has made by the citor under rule 27(5) or rule 28(2), enter an appearance in the registry by filing probate Form 6 and making an entry in the appropriate book; and
(b) shall serve on the citor a copy of probate Form 5 sealed with the seal of the Registry.

Citation to accept or refuse Grant

27.

(1) A citation to accept or refuse the Grant may be issued at the instance of any person who would be entitled to the Grant in the event of the person cited renouncing his right to the Grant.
(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 executor who has proved the Will or the executors of the last survivor of the deceased.
(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 regarding the validity of the Will is pending.

(4) A person cited who is willing to accept or take a grant may, on filing an affidavit, showing that he has entered an appearance and that he has not been served by the citor with notice of an application for a Grant to himself apply ex-parte to the Judge for a Grant.
(5) Where the time limited for appearance has expired, and the person cited has not entered an appearance, the citor may in the case of citation:
(a) under sub-rule (1). apply to the Judge for a Grant to himself;
(b) under sub-rule (2), apply to the Judge for an order that a note be made on the ground that the executor in respect of whom power was reserved has not appeared after being duly cited and that his rights or interests in respect of the grants have ceased;
(c) under sub-rule (3) apply to the Judge by summons which shall be served on the person cited for an order requiring the person to take a grant within a specified time or for a Grant to himself or any other person specified in the summons.
(6) An application under sub-rule (5) shall be supported by an affidavit stating that the citation was duly served and that the person cited has not entered an appearance.
(7) Where the person cited has entered an appearance but has not applied for a grant under sub-rule (4) or has failed to prosecute his application with reasonable diligence, the citor may, in the case of a citation under:
(a) sub-rule (1), apply by summons to the Judge for an order for a Grant to himself;
(b) under sub-rule (2), apply to the Judge for an Order that a note be made as mentioned in sub-rule 5(b) on the Grant that the executor in respect of whom power was reserved has not appeared after being duly cited and that his rights or interests in respect of the grants have ceased;
(c) sub-rule (3), 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 any other person specified in the summons; and the summons shall be served on the person cited in each case.

Citation to propound a Will

28.

(1) A citation to propound a Will may be issued at the instance of a citor having any interest contrary to that of the executor or another person and shall be directed to the executor named in the Will and to any person interested in the Will.
(2) Where the time limited for appearance has expired, the citor may, where:
(a) no person cited has entered an appearance, apply to the Judge for a Grant as if the Will was invalid and the application shall be supported by an affidavit stating that the citation was duly served;
(b) the person who has entered an appearance has failed to propound the Will with reasonable diligence, apply to a Judge by summons, served on the person cited who has entered an appearance for the order mentioned in paragraph (a).

60.

ORDER 61

Letter of Administration

A Judge, in granting letters of administration, shall ascertain the:
(a) time and place of the deceased’s death; and
(b) value of the property to be covered by the Administration.

Declaration of value of personal property

An applicant for a grant of letters of administration shall file a full declaration of the personal property of the deceased and the value of such property in court.
Provided that for 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 any:
(a) gratuity paid by the government of the Federation of Nigeria or a State to the estate of any person formerly employed by such government or statutory corporation;
(b) sum of money payable to an estate from a provident or pension fund established under the provisions of any applicable law.

Administration Bond

(1) The person to whom administration is granted shall give a bond and provide two or more responsible sureties acceptable to the Judge, affirming that the administrators shall duly collect, manage., administer and distribute the personal property of the deceased.
(2) The judge may accept one surety only where the gross value of the estate does not exceed N5,000,000.00 or where a corporation is proposed as a surety.
(3) The bond shall be in form of a penalty representing twice the monetary value of the estate of the deceased, unless the Judge deems it fit or expedient to reduce the amount.
(4) The Judge may direct that the applicant provides additional bonds in order to limit the liability of any administrator to an amount the court deems reasonable.

Guarantee

(1) The Judge shall not require a guarantee as a condition of making a Grant where the Grant is to be made:
(a) under order 60:
(i) rule 22, 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 a beneficial interest in the event of an accretion to the state;
(ii) rule 23, to a person or some other persons who will, if the person beneficially entitled to the whole of the estate dies intestate, be entitled to his estate;
(b) under order 59:
(i) rule 11, to the attorney of a person entitled to a grant;
(ii) rule 12. for the use and benefits of a minor;
(iii) rule 14, for the use and benefit of a person of mental or physical incapacity who is incapable of managing his affairs;

(c) to an applicant who appears to the Judge to be resident outside the State, or;
(d) except where the Judge considers that there are special circumstances making it desirable to require a guarantee.

(2) Without prejudice to sub-rule (1), a guarantee shall not be required except in special circumstances where the applicants or one of the applicants is the administrator general or a trust corporation.
(3) A guarantee entered into by surety for the purpose of this order shall be in probate Form 1 with any variation as circumstances may require.
(4) Except where the surety is a corporation, the signature of the surety on the guarantee shall be attested to by an authorised officer, Commissioner for Oaths or any other person authorised by law to administer an oath.
(5) Unless the Registrar directs otherwise:
where a guarantee is required, it shall be given by two sureties except where:
(i) the gross value of the estate does not exceed N1,000,000.00; or
(ii) a corporation is a proposed surety, and in either (i) or (ii), one surety 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 li ability of the surety under a guarantee shall be the valued amount of the estate;
(e) any surety other than a corporation shall justify his eligibility.

(6) Where the proposed surety is a corporation, an affidavit shall be filed by an authorized officer of the corporation stating:
(a) that the corporation is empowered to act as surety and has executed the guarantee in the manner prescribed by its constitution;
(b) sufficient information as to the financial position of the corporation to the satisfaction of the Judge and that its assets are sufficient to satisfy all claims which may be made against it under any guarantee which it has given or it is likely to give.

Assignment of Bond

The Judge may, upon being satisfied that the condition of the bond has been broken, assign the bond to another person who may sue on the bond in his own name as if it had originally been given to him and may recover the full amount recover able in respect of any breach of the bond as trustees for any persons interested.

Inquiries before Grant

(1) The Judge shall, in granting letters of administration, afford appropriate facility consistent with due regard for the prevention of error and fraud.
(2) All enquiries a Judge sees fit to make shall be answered to his satisfaction before the issuance of letters of administration.

Citation to propound a Will

(1) A person claiming to be a creditor or legatee, or the next of kin of the deceased may apply for and obtain a summons from the court requiring the executor or administrator to attend court and show cause why an Order for the administration of the property of the deceased should not be made.
(2) The Judge may, on proof of service of the summons or appearance of the executor or administrator, and proof of all other things as the Judge may direct, make an order for the administration of the property of the deceased.

(3) The judge may:
(a) make or refuse to make any order or give any special directions under sub-rule (1) of this rule; and
(b) where there are applications for an order under paragraph (a) by more than one person or classes of persons, grant the administrati0n to any claimant of or class of claimants.

(4) The service of the order may subsequently be effected on any person and on terms as the Judge may direct.
(5) Where the Judge makes an order under sub-rule (3), he may, at any subsequent time, make any further or other orders which may appear requisite to secure the proper collection, recovery for safekeeping and disposal of the property or any part of the property.

Grant of Administration in special circumstances

(1) In case of intestacy where the special circumstances of the case require, the Judge may, on the application of any person having interest in the estate of the deceased, grant letters of administration to an officer of the court, consular officer or to a person in the service of the government.
(2) The officer or persons appointed shall act under the direction of the Judge and shall be indemnified.
(3) The Judge shall require and compel the person or officer to file in court the account of his administration at intervals not exceeding 12 months.

Court may appoint administrator

(1) Where:
(a) a person dies intestate regarding his personal estate or left a Will in respect of the estate without appointing an executor who is willing to take probate; or
(b) the executor is at the time of the death of the person resident out of jurisdiction or is dead, the Judge may, where it appears necessary or convenient, appoint
another person as administrator of the estate of the deceased or any part of the estate.
(2) The administrator shall give any security as the Judge shall direct and may be limited as the Judge shall deem fit.

Remuneration of administration

10.

The Judge may direct that any administrator, with or without will annexed, shall receive out of the personal and real estate of the deceased any reasonable remuneration not exceeding 10% of the income of the estate.

Securing and Administering Estate of foreign National

11.

(1) Where a citizen of any foreign country dies within jurisdiction without leaving a widower, widow or next of kin within jurisdiction, the probate Registrar shall:
(a) collect and secure any money and other property belonging to the deceased; and
(b) inform the nearest consular officer of the deceased’s country, of the death and transmit to him a list of any money and property of the deceased.

(2) An application may be made to the court under consular seal by the consular officer or any person authorised by him in writing, for leave to administer the estate of the deceased and the Judge may:
(a) make an order in respect of security for the payment of debt and for method of administration as the Judge shall deem fit; and
(b) vary the order when it is expedient.

Addition of personal representative

12.

(1) An application to add a personal representative shall be made to the Judge and supported by an affidavit deposed to by the applicant, the consent of the person proposed to be added as personal representative and any other evidence the Judge may require.
(2) Where an application is made under sub-rule (1), the Judge may:
(a) direct that a note of the addition of a personal representative shall be made on the original Grant;
(b) impound or revoke the Grant; or
(b) make any order as the circumstances of the case may require.

Grant where two or more persons entitled in same degree

13.

(1) A Grant may be made to a person entitled to the Grant without notice to any other person entitled in the same degree.
(2) A dispute between persons entitled to a Grant in the same degree shall be brought by application before the Judge.
(3) Where an application under this rule is brought before the Judge, he shall not allow any Grant to be sealed until the application is finally disposed of.
(4) Unless the Judge directs otherwise, administration shall be granted to:
(a) a living person in preference to the personal representative of a deceased person who would, if living, be entitled in the same degree; and
(b) a person not under disability in preference to an infant entitled in the same degree.

Joinder of administrator

14.

(1) An application to join a person entitled in a lower degree with a person entitled to a grant of administration shall, in default of renunciation by the persons entitled to priority to the former, be made to the Judge, supported by an affidavit sworn to by the person entitled , the consent of the person proposed to be joined as administrator and any other evidence as the Judge may require.
(2) An application to join a person entitled to a grant of administration with a person having no right to the Grant shall be made to the Judge, supported by an affidavit by the person entitled, the consent of the person proposed to be joined as administrator and any other evidence the Judge may require,

Provided that:
(a) any kin of the deceased having a beneficial interest in the estate on the renunciation of all other persons entitled to join the Grant;
(b) any person whom the guardian of a minor may nominate for the purpose, unless the Judge directs otherwise; or
(c) a trust corporation, may be joined with a person entitled to administration without any application.

Grant under other enactment

15.

Nothing in this Rule shall operate to prevent a grant from being made to a person who is entitled to a Grant under any enactment.

Grant of Special Administration

16.

(1) A Grant, during absence, may be made where the absence of the proper proponents of the Will or of an executor would delay or imperil the settlement of the deceased person’s estates
(2) An application for a Grant of special administration where a personal representative resides outside the State shall be made to a Judge by a motion.

Election to redeem life interest

17.

(1) A surviving spouse, who being the sole personal representative of the deceased entitled to a life interest in part of the residuary estate and elects to have the life interest redeemed, may give written notice of the election to the Registrar by filing a notice in probate Form 7 with any variation as circumstance may require.
(2) A notice filed under these rules shall be noted on the Grant and the record shall be open to inspection.

Notice to prohibit Grant; Caveats

18.

(1) For the purpose of this rule, “Caveator” means any person who enters a caveat.
(2) A notice to prohibit a grant of administration may be filed in court.
(3) A person who desires to be notified before a Grant is sealed may enter a caveat in the registry.
(4) A Caveator may enter a caveat by:
(a) completing probate Form 4 in the appropriate book at the registry and obtaining an acknowledgment of entry; or
(b) sending a notice of probate in Form 3 to the registry where the caveat is to be entered by registered post or e-mail.

(5) 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.
(6) Subject to this rule, a caveat shall remain in force for 3 months from the date on which it is entered but, the caveat may be renewed or further caveat may be entered after the expiration of the effective period.
(7) The Registrar shall maintain an index of caveats entered in the registry and when he receives an application for a Grant, he shall search the index and notify the applicant if any caveat has been entered against the sealing of the Grant for which application has been made.
(8) The Registrar shall not allow any Grant to be sealed if he has knowledge of an effective caveat in respect of the Grant,
Provided that no caveat shall operate to prevent the sealing of a Grant on the day on which the caveat is entered.
(9) A warning in probate Form 5 may issue from the registry against a caveator at the instance of any person interested called “the person warning”.
(10) The warning or a copy of the warning shall be served on the caveator and shall:
(a) state the interest of the person warning and the date of the Will, if he claims under a Will;
(b) require the caveator to give in probate Form 6, particulars of any contrary interest which he may have in the estate of the deceased.

(11) A caveator having an interest contrary to that of the person warning;
(a) may within 8 days of service of the warning on him, inclusive of the day of the service or at any subsequent time if no affidavit has been filed under sub-rule (13), enter an appearance in the registry by filing probate Form 6 and making an entry in the appropriate book; and
(b) shall immediately serve on the person warning, a copy of probate form sealed with the seal of the registry.

(12) A caveator:
(a) who has not entered an appearance to a warning may, at any time, withdraw his caveat by giving notice at the registry and the caveat shall cease to have effect; and
(b) shall immediately give notice of the withdrawal to the person warning.

(13) A caveator, having no interest contrary to that of the person warning but who desires to show cause against the sealing of a Grant to the person may, within 8 days of service of the warning on him, inclusive of the day of the service or at any subsequent time if no affidavit has been filed under sub-rule (13), issue and serve a notice which shall be returnable before the registrar.

(14) The caveat shall cease to have effect where:
(a) the caveator fails to enter an appearance within the time limited for the caveat; and
(b) the person warning files an affidavit in the registry showing that the warning was duly served and that he has not entered a notice under sub-rule (12).

(15) Upon commencement of a probate action, the probate registry shall:
(a) where a caveat is in force other than the caveat entered by the claimant, give to the caveator notice of the commencement of the action; and
(b) upon the subsequent entry of a caveat at any time when the action is pending, notify the caveator of the existence of the action.

(16) Unless the Judge directs otherwise:
(a) a caveat in force at the commencement of any proceedings by way of citation or motion shall, unless withdrawn pursuant to sub-rule(11) remain in force until an application for a grant is made by the person shown to be entitled to the Grant by a decision of the court in the proceedings and upon the application, any caveat entered by a party who had notice of the proceedings shall cease to have effects;
(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 to the Grant by a decision of a Judge in the action and where an application is made, any caveat entered by a party who had notice of the action or by a caveator who was given notice under sub-rule (14) shall cease to have effect.

(17) Except with the leave of the Judge, no further caveat may be entered by or on behalf of any caveator whose caveat has ceased to have effect under sub-rule (13) or (15).

Grant to be signed by the Probate Registrar

19.

The grant of letters of administration under this order shall be signed by the Probate Registrar on behalf of the Court.

ORDER 62

Forms of suits

Suits in respect of probate or letters of administration shall, with necessary modifications, be subject to the same rules of procedure in respect of civil claims.

Capacity of Claim

The originating process shall state whether the claimant claims:
(a) as a creditor, an executor, an administrator, a beneficiary or next-of-kin; or
(b) in any other capacity.

Service outside Nigeria

The service of a writ of summons will be allowed out of Nigeria by leave of a Judge.

Defences to be pleaded with particulars

(1) A party shall state, with regard to every defence which is pleaded, the substance of the case on which the defence intends to rely.
(2) Where it is pleaded that the testator was not of sound mind, memory and understanding, particulars of any specific instances of delusion shall be pleaded before the case is set down for trial.
(3) Except by leave of a Judge, no evidence shall be given at the trial of any other issue apart from the issues mentioned in sub-rule (1).

Dispute of defendant’s interest

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

The party opposing a Will shall be at liberty to cross-examine the witnesses produced in support of the Will and shall not in any event be liable to pay the cost of the other side unless the Judge finds that there is no reasonable ground for opposing the Will where he gives notice with his defence to the other party setting up the Will that he merely insists upon the Will being proved in solemn form of law.

Inquiry as to outstanding personal

A judgment or an order for a general account of the personal estate of a testator or an intestate shall contain a direction for an enquiry as to what part of the personal estate is outstanding or undisposed of unless the Judge directs otherwise.

Discretion to order cost

(1) A person who is or has been a party to any proceedings in the capacity of a trustee, personal representative or mortgagee shall, unless the Judge orders otherwise, be entitled to the cost of the proceedings where the cost is not recovered from or paid by any other person out of the fund held by the Trustee, or personal representative or the mortgagee.
(2) The Judge may order cost only on the ground that the trustee, personal representative or mortgagee has acted unreasonably or for his own benefit.

Originating Summons for Reliefs

(1) An origination summons may be taken out for the reliefs provided under sub-rule (2) by:
(a) the executor or administrator of a deceased person;
(b) the trustees or any of them under any deed or instrument;
(c) any person claiming to be interested in the relief sought as a creditor, beneficiary, next of kin, or heir-at-law of a deceased person;
(d) a cestuique trust under any deed or instrument; or
(e) a person claiming by assignment or administration under any creditor or other person listed in paragraphs (a) – (d).

(2) The reliefs referred to in sub-rule (1) include:
(a) any question affecting the rights or interest of the person claiming to be a creditor, beneficiary, next of kin, heir-at-law or cestuique trust;
(b) the ascertainment of any class of creditors, beneficiaries, next of kin or others;
(c) the furnishing of any particular account by the executors, administrators or trustees, and the vouching, when necessary, of the account;
(d) the payment into court of any money in the hands of the executors, administrators or trustees;
(e) directing the executors, administrators or trustees to do or abstain from doing any particular act in their capacity as executors, administrators or trustees;
(f) the approval of any sale, purchase, compromise or other transactions;
(g) the determination of any question arising in the administration of the estate or trust.

Order for Administration of Estate and Trust

10.

Any of the persons named in rule 9 may apply for and obtain an order for:
(q) 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 the administration order has previously been made.

Persons to served

11.

The originating summons under rules 9 and 10 shall in the first instance be served:
(a) where the originating summons is taken out by an executor, administrator or trustee:
(i) for the determination of any question under rule 9(2) (a), (c), (f) or (g) on any person, whose right or interest is sought to be affected;
(ii) for the determination of any question under rule 9(2)(b) on any member or alleged member of the class;
(iii) for the determination of any question under rule 9(2)(c), on any person interested in taking the accounts;
(iv) for the determination of any question under rule 9(2)(d), on any person interested in taking the money;
(v) for relief under rule 10(a), on the residuary legatee or next of kin, or the residuary devisee or heirs;
(vi) for relief under rule 10(b) on the cestuique trust;
(viii) where there is more than one executor, administrator or trustee who do not concur in taking out the originating summons on the executor or administrator or trustee who does not concur;
(b) on the executors, administrator or trustees where the originating summons is taken out by any person other than the executors administrators or trustees.

Interference with Trustee’s discretion

12.

The issue of summons under rule 9 shall not interfere with or control any power or discretion vested in any executor, administrator or trustee except where the interference or control may be necessarily involved in the particular relief sought.

Judge not bound to order Administration

13.

The Judge may not pronounce or make judgment, or order whether or otherwise for the administration of any Trust or of the estate of the deceased person if the question between the parties can be determined without the judgment or order.

Order to be made where no account or insufficient account has been rendered

14.

Where a creditor or beneficiary under a Will, intestacy or deed of trust, where no accounts or insufficient accounts have been rendered makes an application for administration or execution of trust, the Judge, in addition to the power already existing may:
(a) order the application to be stayed, and order the executors, administrators or trustees to render proper statement of their account to the applicant failing which the executors, administrators or trustees may pay the costs of the proceedings:
(b) where necessary to prevent proceedings by other creditors or persons beneficially interested, make the judgment or order for administration with a proviso that no proceedings shall be taken under the Judgment or order without leave of the Judge.

Application for order to produce Will

15.

(1) An application for an order requiring a person to bring a Will or to attend for examination may, unless a probate action has been commenced, be made to the court by originating summons which shall be served on any executor, administrator or trustee.
(2) An application for the issue of a subpoena to bring in a Will shall be supported by an affidavit setting out the ground 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 Grant

16.

An application for a Grant limited to parts 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 of the real estate, or the real estate together with personal estate or in respect of trust estate only;
(b) whether the estate of the deceased is known to be insolvent;
that the persons entitled to a Grant in respect of the whole estate in priority to the applicant have been considered and excluded.

Grant in respect of perishable goods

17.

An application for an order for the 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 to swear to the death of a person

18.

An application for leave to swear to the death of a person in whose estate a Grant is sought shall be supported by an affidavit setting out the grounds of the application and stating particulars of any policies of insurance effected on the life of the presumed deceased.

Application by Originating Summons

19.

An originating summons may be issued in respect of an application:
(a) for the appointment of a new trustee without a vesting order or any other consequential order;
(b) for a vesting order or any other order consequential on the appointment of a new trustee, where the appointment is made by a Judge;
(c) for a vesting order or any other consequential order 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:
(d) to a fund paid into court in a case coming within orders 59 to 61.

Service of Originating Summons

20.

(1) Where provision for the service of an originating summons is not made under this order, the originating summons shall be served on any person as the Judge may direct.
(2) Where, by the provision of this order or by any direction given under sub-rule (1) an originating summons is required to be served on any person, it shall be served not less than 5 days before the hearing of the summons.

Mode of Services

21.

Unless the Judge directs otherwise or this order provides, any notice or other documents required to be given or served on any person may be given or served by leaving it at or by sending it by courier to that person’s address for service, or if he has no address for service, his last known address or by posting it to that person’s email address or WhatsApp page in current use.

Application

22.

Subject to the direction given by a Judge in any particular case, 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 proceeding commenced on or after that date;
Provided that where the deceased died before the Commencement of these rules, the right to a Grant shall, subject to the provision 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.

Interpretation

23.

(1) In this Order, unless the context otherwise requires:
“Authorised officer” means any officer of the registry who is for the time being authorized by law to administer an oath or to take any affidavit required for any purpose connected with his duties;
“Gross values” in relation to any estate means the value of the estate without deduction of debts, encumbrances, expenses or Estate Duty;
“Oath” means the oath required to be sworn by an applicant for a grant;
“Personal applicant” means a person other than a Trust corporation who seeks to obtain a grant without employing a legal practitioner; and personal application has a corresponding meaning;
“Registrar” means Probate Registrar;
“Registry” or “Probate registry” means the Probate registry of the court;
Will” includes a codicil and any testamentary and document, or copy reconstruction of it.
(2) Unless the context otherwise requires, a reference in this order to a Rule or an enactment is a reference to this rule or enactment as amended, extended or applied by any other Rule or enactment.
(3) The provisions of the Interpretation Act shall apply to the interpretation of this order.
(4) The provisions of order 48 shall apply to the computation, extension or abridgement of time under orders 59 to 62.

ORDER 63

Definition

PROCEEDINGS UNDER THE LEGITIMACY LAW

In this Order, “petitioner” means a person above the age of 18 is applying for a legitimacy declaration and “petition” has a corresponding meaning.

Practice and Rules of Court

The practice and rules of the Court shall so far as practicable, govern all proceedings under the Legitimacy Law, subject to the particular provisions of this Order.

Heading and contents of Petitions

(1) A petition shall:
(a) be headed “In the matter of the Legitimacy Law”, and “In the matter of the person to be declared legitimated”.
(b) be in the prescribed form, with any variation and addition as the circumstances may require.

(2) The Petition shall state among other matters:
(a) the place and date of the marriage;
(b) the status and residence of each of the parents;
(c) the occupation and domicile of the father of the person whose legitimacy the Court is asked to declare at the date of:
(i) his birth; and
(ii) the marriage;

(d) whether there is any other living issue of the parents of the person and the respective name and date of the birth of any living issue;
of the parents of the respective person and the name and date of the of any living issue;
(e) any person affected by the legitimation of the person in paragraph (c) and the value of any known property involved by the legitimation;
(f) whether any previous proceedings under the Legitimacy Law, or otherwise, with reference to the paternity of the person, or the validity of the marriage leading to his legitimation have been taken in any court; and
(g) that there is no collusion.

(3) A petition shall include an undertaking by the petitioner, if not an infant or person of unsound mind, to pay the costs of the respondents.
(4) Where the petitioner is an infant or person of unsound mind, he shall petition by a next friend and state in the petition, the full name, occupation or description, and residence or place of business, of the next friend and lodge with the petition, an undertaking to be responsible for costs.

Petitioner’s address

Where the petitioner does not reside in the State, the petition shall state an address within the State at which the petitioner may be served with any summons, notice, order of Court or other process.

Security for costs

Where it appears on the petition that the petitioner does not reside in the State, the petition shall not be filed until security for costs, by deposit of money or otherwise, has been given to the satisfaction of the Registrar:
Provided that where the petition is filed through a legal practitioner an undertaking by him, in a form to be approved by the Registrar, to be responsible for the costs shall be sufficient.

Persons to be joined as respondents

(1) The respondents to a petition shall be the Attorney-General of the State and persons whose interest may be affected by the legitimacy declaration asked for.
(2) The Court may:
(a) at any time, direct any person not made a respondent to be made a respondent and be served with the petition and affidavit; and
(b) adjourn the hearing of the petition for that purpose on terms as to costs or otherwise as it considers just.

Affidavit by the petitioner

The petition shall be accompanied by an affidavit made by the petitioner, or by any next friend verifying, the facts of which he has personal knowledge, and deposing as to his belief in the truth of the other facts alleged in the petition.

Copies of petition to be filed

(1) The petitioner shall file with the petition as many copies of the petition and the affidavit as there are respondents to be served, and two copies for the use of the Court.
(2) The petitioner shall lodge with the petition, every birth, death or marriage certificate he intends to rely on at the hearing.

Copies of petition to be sent to the Attorney-General

(1) A copy of the petition and of the affidavit shall be delivered or sent by registered post by the petitioner to the Attorney-General at least two months before the petition is presented or filed.
(2) Any document or notice addressed to the Attorney-General shall be addressed to him at “The Attorney-General’s Chambers, Ministry of Justice, Port Harcourt”

Personal service on respondents

10.

(1) A sealed copy of the petition and affidavit shall, unless the Court directs otherwise, be served by a bailiff or police constable at least 30 days before the hearing on every respondent personally, other than every Attorney-General, and the petition and every copy to be served on a respondent, other than the Attorney-General, shall be endorsed with a notice in the prescribed form.
(2) The Registrar shall give to the Attorney General, at least 30 days’ notice of the day on which the petition will first be heard.

Filing of answer to petition

11.

A respondent may, within 28 days after service of the petition on him, file an answer to the petition.
(2) Every answer which contains any matter other than a simple denial of the facts stated in the petition shall be accompanied by an affidavit made by the respondent verifying the other matter as far as he has personal knowledge of it, and deposing to his belief in the truth of the rest of the other matter.
(3) The respondent shall file with the answer as many copies of the answer and the affidavit as there are other parties to be served, and two copies for the use of the Court.
(4) The Registrar shall, within 48 hours of receiving the answer, send by post one sealed copy of the answer and any affidavit to the petitioner, the Attorney-General and any other respondents.

Evidence on hearing of petition

12.

Evidence on the hearing of the petition shall be given orally: Provided that the Court or a Judge in Chambers may, on application made before or at the hearing, for good cause shown, direct that any particular fact alleged in the petition or answer may be proved by affidavit.

Costs

13.

The Court may make any order as to costs as it thinks just.

Copy of order

14.

A copy of the order made on the hearing of a petition sealed with the seal of the Court shall be supplied by the Registrar to any party to the proceedings on payment of the prescribed fee.

ORDER 64

Fees 1st, 2nd, 3rd and 4th Schedules

Subject to the provision of any written Law and of the foregoing Order, the:
(a) fees set out in the First, Second, Third and Fourth Schedules shall be payable by any person commencing the respective (a)
proceedings or desiring the respective services for which they are specified in those Schedules;

Allowances, Part 1 of 3rd Schedule
(b) allowances set out in Part I of the Third Schedule. Schedule shall be payable to the various categories of witnesses mentioned in the Schedule by any person at whose instance they testify;
Provided that a witness who testifies at the instance of the Court acting on its own motion shall be paid out of public revenue.

Regulations 5th Schedule

The regulations set out in the Fifth Schedule shall be observed by all officers of Court concerned with the rendering of services, and or collection of fees payable, under the provisions of the foregoing orders.

Specific Services 6th Schedule

The fees set out in the Sixth Schedule relate to fees payable for the services specified in the Schedule as the Chief Judge may revise by an administrative action.

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HIGH COURT OF RIVERS STATE (CIVIL PROCEDURE RULES), 2023

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