LawCare Nigeria

Nigeria Legal Information & Law Reports

Orders in ADMIRALTY JURISDICTION PROCEDURE RULES (1993)

 Rules in ORDER 1 – CITATION, APPLICATION, ETC.

RULE 1 – CITATION.

RULE 2 – APPLICATION OF RULES.

RULE 3 – INTERPRETATION.


 Rules in ORDER 2 – FORM AND COMMENCEMENT OF SUITS

RULE 1 – COMMENCEMENT OF SUITS.

RULE 2 – PARTICULARS OF CLAIM.

RULE 3 – HEADINGS.

RULE 4 – VALIDITY OF WRIT.

RULE 5 – LIMITATION PROCEEDINGS.

RULE 6 – APPEARANCE.


 Rules in ORDER 3 – PRELIMINARY ACTS

RULE 1 – FILING OF PRELIMINARY ACTS.

RULE 2 – CONTENTS OF PRELIMINARY ACTS.

RULE 3 – TIME FOR FILING OF PRELIMINARY ACTS.

RULE 4 – PRELIMINARY ACTS TO BE SEALED.

RULE 5 – DEFAULT IN FILING.

RULE 6 – OPENING OF PRELIMINARY ACTS.


 Rules in ORDER 4 – PARTIES

RULE 1 – ACTIONS IN REM.

RULE 2 – ACTION AGAINST A SHIP OR OTHER PROPERTY.

RULE 3 – SISTER SHIPS.

RULE 4 – AMENDMENT.


 Rules in ORDER 5 – SERVICE OF PROCESS

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

RULE 2 – SERVICE ON PROPERTY NOT ON SHIP.

RULE 3 – SERVICE WHERE ACCESS IMPOSSIBLE.

RULE 4 – NIGERIAN PORTS PLC TO BE NOTIFIED.

RULE 5 – SERVICE OF WRIT ON PROCEEDS.

RULE 6 – SERVICE UPON CAVEATOR.

RULE 7 – SERVICE BY ADMIRALTY MARSHAL.

RULE 8 – SUBSTITUTED SERVICE.

RULE 9 – SERVICE ON ANY DAY.

RULE 10 – SERVICE OF AMENDED PROCESS.

RULE 11 – ACCEPTANCE OF SERVICE BY SOLICITOR.

RULE 12 – SERVICE BY CERTAIN CIRCUMSTANCES.


 Rules in ORDER 6 – CAVEATS

RULE 1 – SERVICE BY COURIER.
A caveat against the arrest of a ship or other property may be filed in the Registry in Form C in the Schedule to these Rules.

RULE 2 – CAVEATS AGAINST ARREST.
RULE 3 – REGISTRAR TO BE SATISFIED BY AN UNDERTAKING.
RULE 4 – UNDERTAKING BY CAVEATORS, ETC.
RULE 5 – CAVEATOR TO GIVE BAIL.
RULE 6 – CAVEATOR MAY NOT PREVENT ARREST.
RULE 7 – CAVEATOR AGAINST RELEASE.
RULE 8 – PAYMENT OF DAMAGES FOR INSUFFICIENT REASON.
RULE 9 – CAVEATS IN FORCE FOR 12 MONTHS.
RULE 10 – WITHDRAWAL OF CAVEATS.
RULE 11 – REGISTERS.


 Rules in ORDER 7 – ARREST OF SHIPS AND OTHER PROPERTY

ULE 1 – APPLICATION.
RULE 2 – ISSUE OF WARRANT.
RULE 3 – PERIOD OF VALIDITY.
RULE 4 – EXECUTION OF ARREST WARRANT.
RULE 5 – DURATION OF ARREST.
RULE 6 – VERIFICATION OF SERVICE.
RULE 7 – EXECUTION ON ANY DAY.


 Rules in ORDER 8 – CUSTODY OF SHIPS AND PROPERTY UNDER ARREST

RULE 1 – LIABILITY FOR ADMIRALTY MARSHAL’S EXPENSES
RULE 2 – EXPENSES OF ARRESTED SHIP
RULE 3 – FUNDS TO BE DEPOSITED WITH ADMIRALTY MARSHAL
RULE 4 – CUSTODY OF ARRESTED SHIPS AND PROPERTY
RULE 5 – APPLICATIONS CONCERNING ARRESTED PROPERTY
RULE 6 – DISCHARGE OF SHIP OR CARGO NOT UNDER ARREST
RULE 7 – PRESERVATION, MANAGEMENT AND CONTROL POWERS


 Rules in ORDER 9 – RELEASE FROM ARREST

RULE 1 – RELEASE BY REGISTRAR ON EXERCISE OF HIS DISCRETION
RULE 2 – RELEASE FROM ARREST BY COURT
RULE 3 – PAYMENT OF FEES
RULE 4 – ORDER OF RELEASE


 Rules in ORDER 10 – SECURITY FOR COSTS

RULE 1 – COURT MAY ORDER SECURITY FOR COSTS
RULE 2 – FORM OF SECURITY
RULE 3 – QUANTUM OF SECURITY
RULE 4 – TIME WITHIN WHICH SECURITY TO BE FURNISHED
RULE 5 – SECURITY TO BE WITHDRAWN UPON CONCLUSION OF ACTION
RULE 6 – SECURITY FOR COSTS IN WAGES AND COLLISION MATTERS
RULE 7 – STAY PENDING SECURITY IN COLLISION PROCEEDING


 Rules in ORDER 11 – REPARATION FOR NEEDLESS ARRESTS

RULE 1 – COURT MAY REQUIRE SECURITY OR IMPOSE OTHER TERMS ON MAKING ORDERS
RULE 2 – CASES IN WHICH COMPENSATION MAY BE AWARDED
RULE 3 – NO ACTION OF DAMAGES WHERE COMPENSATION AWARDED
RULE 4 – APPLICATION FOR DAMAGES FOR WRONGFUL ARREST MAY BE TAKEN SUMMARILY


 Rules in ORDER 12 – PAYMENT OF BAIL

RULE 1 – PAYMENT INTO COURT
RULE 2 – DEPOSIT TO BE ACKNOWLEDGED BY THE BANK
RULE 3 – COURT MAY VARY BAIL


 Rules in ORDER 13 – LIMITATION PROCEEDINGS

RULE 1 – SERVICE ON AT LEAST ONE RESPONDENT
RULE 2 – ADVERTISEMENT OF DETERMINATION
RULE 3 – EFFECT OF DETERMINATION
RULE 4 – PROCEEDINGS TO SET ASIDE DETERMINATION


 Rules in ORDER 14 – VALUATION AND SALE

RULE 1 – ORDERS FOR VALUATION AND SALE
RULE 2 – SALE
RULE 3 – RETURN OF SALE
RULE 4 – ADMIRALTY MARSHAL’S EXPENSES


 Rules in ORDER 15 – PRIORITIES

RULE 1 – APPLICATION TO DETERMINE PRIORITIES
RULE 2 – MARSHAL’S EXPENSES


 Rules in ORDER 16 – GENERAL POWERS OF THECOURT

RULE 1 – COURT MAY GIVE DIRECTIONS, ABRIDGE OR EXTEND TIME
RULE 2 – REVIEW OF REGISTRAR’S ACTIONS
RULE 3 – INSTRUMENTS TO BE SIGNED BY REGISTRAR, SEALED


 Rules in ORDER 17 – EFFECT OF NON-COMPLIANCE
RULE 1 – NON-COMPLIANCE WITH RULES
RULE 2 – APPLICATION TO SET ASIDE FOR IRREGULARITY