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S.I. 8 of 2000

Constitution of the Federal Republic of Nigeria

Federal High Court (Civil Procedure) Rules 2000

 

 

 

 

Arrangement of Rules

 

Order 1

Citation, Application e.t.c

 

 

1.

Construction of reference to law, rules, e.t.c

2.

Revocation of Civil Procedure Rules contained in Schedule to 1999 No 23

3

Interpretation.

4.

Citation and Commencement

 

 

 

 

 

 

Order 2

Form and Commencement of Action

 

 

1

Mode of beginning proceedings

2

(1) Proceedings which may be begun by writ.

(2) Proceedings which may be begun by originating summons

3

Proceedings to be begun by motion or petition.

 

 

Order 3

Effect of Non-compliance

 

 

1

Effect of non- compliance.

2

Application to set aside for irregularity

 

 

 

 

Order 4

Particulars of claim

 

 

 

1

Further particulars

2

Effects of particulars

3

Papers annexed: in what cases.

4

Inspection of papers annexed.

5

Amendment of particulars.

6

Amendment at trials.

 

 

Order 5

Causes of action

 

 

1

All causes of action may be joined.

2

Counter claim against plaintiff.

3

Court may order separate trials, e.t.c

4

Consolidation.

 

 

 

 

 

 

 

Order 6

Writ of Summons

 

 

1

Writ of summons to be issued by the registrar.

2

Contents of writ of summons.

3

Alteration of writ.

4

Several causes of action in one suit.

5

Service of writ: whole Federation within courtís jurisdiction

6

(1) Forms of writ

(2) Provisions for framing additional forms

7

Sealing of writs

8

Statement of claim.

9

(1) Endorsement as to capacity.

(2) Summons for service out of jurisdiction

10

Endorsement as to legal practitioner and address.

11

Concurrent writ.

12

Writ for service out of jurisdiction.

13

"Issue", when effected.

14

Duration and renewal.

 

 

 

 

Order 7

Originating Summons

 

 

1

Application

2

Forms for originating summons.

3

Contents of summons

4

Endorsement as to capacity.

5

Endorsement as to legal practitioner and address.

6

Concurrent originating summons.

7

Summons for service out of jurisdiction.

8

"Issue" when effected

9

Validity and renewal of originating summons.

10

Ex parte originating summonses.

 

 

 

 

 

 

Order 8

Petition: General Provisions

 

 

1

Application.

2

Contents of petition.

3

Presentation of petition.

4

Fixing time for hearing, etc. of petition.

5

Certain applications not to be made by petition.

 

 

 

 

Order 9

Interlocutory applications

 

A - Motions Generally

 

 

1

Time to apply.

2

(2) Application by motion.

(2) Motion List.

3

Affidavits.

4

Affidavit to be served with motion.

5

Hearing of motions.

6

Adjournment.

7

Motion to be on

notice except in emergency.

 

 

 

 

 

 

B - Ex parte Motion

 

 

8

Affidavit in support of ex parte motion.

9

Arguments on motion.

10

Orders on ex parte motions.

11

Court may vary or discharge order.

12

Duration of ex parte order.

 

 

 

 

C - Orders to show cause

 

 

13

Return-day to be specified.

14

Counter-evidence.

15

Further service in certain cases.

16

Appearance or proof of service

17

General powers as to orders.

 

 

 

 

D - Notice of motion

 

 

18

Notice of motion.

19

Service of notice.

20

Service on solicitor.

21

Copy of affidavit to be served with notice.

22

Order for service.

23

Service with writ of summons.

 

 

E - Evidence in Interlocutory Proceedings.

 

 

24

Oral evidence.

25

Evidence in addition to or in lieu of affidavits.

26

Notice to parties and interested parties.

27

Evidence: how taken.

28

Affidavit not filed with motion paper.

 

 

 

 

Order 10

Affidavits

 

 

1

Evidence on motion.

2

Title of affidavits.

3

Use of defective affidavits.

4

Special time for filling affidavits.

5

Affidavit in support of ex parte application.

6

Notice of intention to use affidavits in Chambers.

7

Uses in Chambers of affidavits used in Court.

8

Alterations in accounts to be initialled.

9

Exhibits.

10

Certificate on exhibit

11

Application of Evidence Act.

12

Affidavit taken in Commonwealth country admissible without proof of seal, etc.

 

 

Order 11

Place of instituting and of trial of Suits

 

 

1

(1) Place for trial of suits.

(2) Suits relating to taxation.

(3) Suits for penalties.

(4) Suits upon contract.

(5) Suits relating to customs.

(6) Suits relating to foreign trade.

(7) Suits relating to passports, etc.

(8) Suits relating to copyright, etc.

(9) Other suits.

2

Division of Court in which suit may be commenced.

3

Suits commenced in wrong Division.

4.

Transfer of proceedings.

 

 

 

 

 

 

Order 12

Parties

 

A - General

 

 

1

Persons claiming jointly, severally or in the alternative may be plaintiffs.

2

Action in name of wrong plaintiff.

3

All persons may be joined as defendants.

4

Counter-claim: Misjoinder.

5

(1)Non-joinder.

(2) Misjoinder of parties.

6

Joint and several demand.

7

Suit or claims on behalf of others

8

Where joint interest, parties may be authorized to sue or defend for others.

9

Partners

10

Infants as parties.

11

Lunatics, etc.

12

Appearance by infant.

13

Next friend.

14

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

15

Where defendant added.

16

Application to add or strike out party.

17

(1)Third party notice.

(2) How leave obtained.

18

Form and issue of notice.

19

Effect of notice

20

Appearance.

21

Default by third party.

22

Procedure after default.

23

Third party directions.

24

Leave to defend.

25

(1)At trial or after.

(2) When no trial.

26

Person trading as firm.

27

Court may require security in respect of counter-claim.

28

Act may be done by legal practitioner or agent.

 

 

 

 

 

 

 

B - Alteration of parties

 

 

 

29

Where change of interest, court may make order enabling suit to proceed.

30

When suit does not abate.

31

When cause of action survives.

32

When cause of action accrues to survivors.

33

Death of sole or surviving plaintiff.

34

Dispute as to legal representative.

35

Death of one of several defendants or of a sole or surviving defendant.

36

Bankruptcy of plaintiff.

37

Legal practitioner of plaintiff to give notice of abatement.

38

Party may change legal representative.

39

Where legal representative ceases to act.

40

Address of party.

 

 

Order 13

Service of process

 

A - Service within jurisdiction

 

 

1

By whom service is to be effected.

2

Service of process: how effected.

3

When process need not be served

4

Special bailiff.

5

Substituted service.

6

Service on employee of government.

7

Service on partners

8

Service on corporation or company.

9

Service on board ship.

10

Service on prisoners and lunatics

11

Service on infants.

12

Service on local agent of principal who is out of jurisdiction.

 

 

B - Service out of jurisdiction

 

 

13

Service of writ out of jurisdiction.

14

Application to be supported by affidavit.

 15

 Order to fix time for appearance.

16

Service of notice.

17

Service of originating summons, etc.

18

Service abroad by letter of request.

19

Service out of the jurisdiction under the Civil Aviation Act.

20

Service of document abroad.

21

Saving for other modes of service.

22

Air mail.

23

Service for foreign tribunals.

24

Substituted service.

25

Order thereon.

 

 

 

 

 

 

C - General Provisions

 

 

26

Where violence threatened.

27

Affidavit of service.

28

Expenses of service.

29

Service on Sunday or public holiday.

30

Recording of service.

31

Interpretation.

 

 

Order 14

Appearance

 

 

1

Mode of entry of appearance.

2

Defendant's address for service.

3

Fictitious address.

4

Defendants appearing by same legal practitioner.

5

Time for appearance.

 

 

 

 

Order 15

Default of Appearance

 

 

1

Claim for liquidated demand.

2

Liquidated demand: several defendants.

3

Limited defence.

4

Judgments for costs where satisfaction, etc. made.

5

Default of appearance in actions not specifically provided for.

6

Setting aside judgment.

7

Default of appearance to originating summons.

8

Default of appearance by infant or person of unsound mind.

 

 

 

 

Order 16

Arrest of Absconding Defendant

 

 

1

Defendant leaving jurisdiction or removing property.

2

Warrant to arrest.

3

Bail for appearance or satisfaction.

4

Disposed in lieu of bail

5

(1) Defendant may be committed to custody.

(2) In what division proceedings may be taken.

6

Cost of subsistence of persons arrested.

 

 

Order 17

Interim Attachment of Property

 

 

1

In what cases.

2

Application for attachment

3

Form of order.

4

Where defendant fails to show cause or give security.

5

Rights of third parties not to be affected.

6

Removal of attachment.

7

In what courts proceedings may be taken.

 

 

 

 

 

 

Order 18

Needless detention of chattels or Ships and reparation for it

 

 

1

Damages for needless detention, etc.

2

Admiralty actions not ruled out.

 

 

 

 

Order 19

Accounts and inquires

 

 

1

Summary order for account.

2

Court may direct taking of accounts, etc

3

Directions as to manner of taking account.

4

Account to be made, verified, etc.

5

Erroneous account.

6

Delay in prosecution of account, etc..

7

Distribution of fund before all persons entitled are ascertained

 

.

 

 

 

 

Order 20

Reference to Arbitrator

 

 

1

Nomination of arbitrators and appointment.

2

Court may appoint arbitrator.

3

Form of order of reference.

4

Umpire where necessary.

5

Attendance of witness.

6

Extension of time for making award.

7

Power of court in case of death , incapacity or refusal to act.

8

Finding.

9

Special case for opinion of the court.

10

Court may modify or correct award.

11

Power as to costs.

12

Power of court to remit award for reconsideration.

13

Setting aside award.

14

Filing award: effect of.

15

Applications under Arbitration and Conciliation Act.

16

Applications to be made within 21 days.

17

Mode of enforcing awards.

18

Awards made on proceeding in foreign territory.

 

 

Order 21

Reference to Referees

 

 

1

Instruction to referee.

2

Interim inquiries or accounts.

3

General powers of the referee.

4

Evidence.

5

Refereeís authority in the inquiry.

6

Limitation in certain particulars.

7

(1) Reports made in pursuance of reference,

(2) Referee may report questions of facts specially.

 

 

 

 

 

 

Order 22

Receivers

 

 

1

Application for receiver and injunction

2

Giving of security by receiver.

3

Remuneration of a receiver.

4

Receiver's account.

5

Payment of balance, etc by receiver.

6

Default by receiver.

 

 

Order 23

Computation of time

 

1

Computation of time.

2

No enlargement of time by consent of parties.

3

Court may extend time.

4

Notice of intention to proceed after a year's delay.

5

Time for application to set aside award.

 

 

 

 

Order 24

The undefended list

 

 

1

Undefined List: affidavit.

2

Copy of affidavit to be served.

3

Notice of intention to defend.

4

Judgment in undefended suit.

5

Oral evidence.

 

 

 

 

Order 25

Proceedings in lieu of Demurrer

 

 

1

Demurrer abolished.

2

Points of law may be raised by pleadings.

3

Dismissal of action.

4

Striking out pleading where no reasonable cause of action disclosed.

5

Declaratory judgment.

 

 

 

 

Order26

Pleadings

 

 

1

Service of statement of claim.

2

Service of defence.

3

Service of reply and defence to counter -claim.

4

(1) Pleading to state material facts and not evidence.

(2)How facts are to be stated.

5

Particulars to be given where necessary.

6

Matters which must be specifically pleaded.

7

(1) Further and better statement or particulars.

(2) Letter for particulars.

(3) Particulars before defence

8

Order for particulars not a stay.

9

Specific denial.

10

Denial by joinder of issue.

11

Pleadings to be consistent.

12

(1) Grounds of claim founded on separate facts to be separately stated.

(2) The relief claimed to be stated.

13

Allegations shall not be generally but specifically

14

Denial of fact must answer point of substance.

15

Admissions.

16

Set-off or counter-claim to be pleaded.

17

Evidence in denial of allegation or in support of defence not set up in pleading.

18

Further pleadings.

19

Costs in certain cases.

20

Striking out pleadings.

21

Denial of contract.

22

Effects of documents to be stated.

23

Malice, knowledge, or other condition of mind.

24

Notice.

25

Implied contract or relation.

26

Presumptions of law.

27

Technical objection.

28

Stated or settled account.

29

Defence of tender.

30

Defence of set-off.

31

Judgment for balance

32

. Close of pleadings.

 

 

 

 

Order 27

Amendment

 

 

1

General power to amend.

2

Amendment of indorsements and pleadings.

3

Application for leave.

4

Failure to amend after order

5

Amendments: how made.

6

Date of order of amendment to be marked.

7

Clerical mistakes and accidental omissions.

 

 

 

 

 

 

Order 28

Default of Pleadings

 

 

1

Default of plaintiff in filing statement of claim.

2

Claim for debt or liquidated demand.

3

Several defendants: one default.

4

Default of defence: claim for unliquidated damages.

5

Default of defence: claim in detinue.

6

Default of defence: fixed claims.

7

Default of defence: other claims.

8

Default of defence to counter-claim.

9

Setting aside judgment.

10

Interpretation

 

 

 

 

 

 

Order29

Interpleader

 

 

1

Entitlement to relief by way of interpleader.

2

Claim to goods, etc., taken in execution.

3

Mode of application.

4

Matters to be proved.

5

When application to be made by defendant

6

Stay of action.

7

Order upon summons.

8

Failure of claimant to appear or neglect to obey summons.

9

Costs, etc.

 

 

Order 30

Withdrawal and Discontinuance

 

 

1

Withdrawal of appearance.

2

Discontinuance of action without leave.

3

Discontinuance of action, etc. with leave.

4

Effect of discontinuance.

5

Stay of subsequent action until costs paid.

6

Withdrawal of summons.

 

 

Order 31

Admissions

 

 

1

Admission of case of other party.

2

Notice to admit.

3

Documentary evidence.

4

Judgment on admissions of facts.

5

Admissions and production of documents specified in list of documents.

 

 

 

 

Order 32

Payment into and out of Court

 

 

1

Payment into court.

2

How far admission of claim.

3

Acceptance of sum paid.

4

Non-acceptance of sum paid in.

5

Payment into court with denial of liability.

6

Custody of money: payment into bank.

7

Payment of plaintiff.

8

No payment out without order.

9

Payment out: small intestate estate.

 

 

Order 33

Discovery and inspection of documents

 

 

1

Discovery by interrogatories

2

Application for leave to deliver interrogatories.

3

Form of application

4

Corporation or companies.

5

Affidavit in answer: filing.

6

Form of affidavit in answer.

7

Objections to answering interrogatories.

8

Order to answer or answer further.

9

Application for discovery of document.

10

Discovery of document in marine insurance policies.

11

Affidavit of documents.

12

Power to order list of documents in lieu of affidavit.

13

Production of document.

14

Inspection of documents referred to in pleadings or affidavit.

15

Notice to produce.

16

Time for inspection when notice given under rule 14.

17

Order for inspection.

18

Affidavit in support of application: when required.

19

Verified copies.

20

Power to order discovery of particular document or class of documents.

21

Premature discovery.

22

Non-compliance with order for discovery.

23

Service on legal practitioner of order for discovery.

24

Liability of legal practitioner.

25

Using answer to interrogatories at trial.

26

Discovery against sheriff.

27

Order to apply to infants.

28

Power to revoke order made

 

 

 

 

 

 

Order 34

Interlocutory Injunction and Interim preservation of property

 

 

1

Application for injunction.

2

Detention, preservation, etc. of subject matter of action.

3

Power to order samples to be taken.

4

Sale of perishable property, etc.

5

Order for early trial.

6

Recovery of personal property subject to lien.

7

Directions.

8

Allowance of income of property pendente lite.

 

 

 

 

Order 35

Transfer and Consolidation

 

 

1

Transfer of cause or matters.

2

Re-assignment of cause or matters.

3

Action by Chief Judge on transfer of cause.

4

Evidence of part-heard cause or matter.

 

 

 

 

 


Order 36

Settlement And Trial Of Issues

 

 

1

At or before hearing.

2

Court may give directions.

3

When to be settled.

4

Notice to be given.

5

Court may amend or frame additional issues

6

Time, etc. of trial of questions or issues.

7

Dismissal of action, etc. after decision of preliminary issue.

8

Provision subject to other written laws.

 

 

 

 

 

Order 37

Assessor

 

 

1

Assessor sitting in court.

2

Assessor not to write judgment.

3

Assessor to give advice only on his subject.

4

Judge not bound to accept his advice.

5

Assessor shall take oath of secrecy.

 

 

 

 

 

Order 38

Trial Proceedings In General

 

 

1

Time for setting down.

2

Application for setting down.

3

Defendant may apply for setting down.

4

Default in applying for setting down.

5

Case to be struck out.

6

(1)Attendance by proxy.

(2) Failure to appear by both parties.

7

Default of appearance by defendant at trial.

8

Default of appearance by plaintiff.

9

Judgment by default may be set aside on terms.

10

Adjournment of trial.

11

Judgment to be entered at or after trial.

12

Trial with assessors .

13

. Order of proceedings

14

. Burden of proof: party to begin evidence.

15

Summing up

16

Case of other party.

17

General reply.

18

Case closed.

19

Evidence in reply.

20

Address thereon.

21

Documentary evidence.

22

List of exhibits.

23

Rejected exhibits.

24

Custody of exhibit after trial.

25

Office copy of list of exhibits.

26

Where written pleadings not filed or parties are illiterates.

27

Disallowance of various questions.

 

 

 

 

 

 

 

 

 

Order 39

Proceedings ln forma pauperis

 

 

1

Duration of provisions.

2

Who may sue or defend in forma pauperis.

3

Conditions to be fulfilled.

4

Fees and costs.

5

Assignment of legal practitioner.

6

Procedure to be to followed.

7

Revocation of order; discontinuance, etc.

8

Payment to legal practitioner.

9

Duty of legal practitioner.

10

Appeals.

 

 

 

 

 

 

Order 40

Originating Summons Proceedings

 

 

1

Power to make declaration on summons.

2

Construction of enactment

3

Service.

4

Evidence.

5

Discretion of court.

6

Court may make the order prayed for.

7

Applications affecting party in default of appearance.

8

Counter-claim by defendant.

 

 

 

 

Order 41

Procedure Relating To Evidence

 

 

1

Witness to be examined orally.

2

Evidence by affidavits.

3

Particular facts

4

Limitation of medical and expert evidence.

5

Limitation of plans, etc in evidence.

6

Plan and expert evidence in accident actions.

7

Extension to all proceedings.

8

Office copies admissible in evidence.

9

Court or judge in chambers may order depositions to be taken.

10

Forms of orders for a commission.

11

Letters of request

12

Examination of witness abroad.

13

Form of order of examination of witnesses abroad.

14

Order for attendance of person to produce.

15

Disobedience to order for attendance.

16

Expenses of persons ordered to attend.

17

Examiner to have copy of writ and pleadings.

18

Examination: how taken.

19

Depositions to be taken down in writing, etc.

20

Refusal of witnesses to attend or be sworn

21

. Objection by witness to question

22

Costs occasioned by refusal or objection.

23

Depositions to be transmitted to registry

24

. Special report by examiner

25

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

26

Oaths.

27

Attendance of witness under subpoena for examination or to produce.

28

Practice as to taking evidence at any stage of action.

29

Special directions as to taking evidence.

30

Notice to use affidavit or depositions at trial.

31

Evidence in proceedings subsequent to trial.

32

Form of praecipe for subpoena.

33

Form or writ of subpoena.

34

Subpoena for attendance of witness in chambers.

35

Correction of errors in subpoena.

36

Service of subpoena.

37

Duration of subpoena.

38

Facilities for proving deeds, etc

39

Obtaining evidence for foreign tribunal.

40

Banker's book: court may order inspection.

 

 

 

 

 

 

Order 42

Judgments and Orders

 

 

1

Delivery of judgment in open court.

2

Notice when judgment reserved.

3

When parties deemed to have had notice.

4

Minutes of judgment: its effect.

5

Where set-off allowed.

6

Decree to be obeyed without demand.

7

Court may direct time for payment or performance and interest.

8

Payment by installments. 

9

Date of order: when drawn.

10

What orders need not be drawn up.

11

Filing of orders.

 

 

 

 

Order 43

Writ of Execution: General

 

 

1

Definition.

2

When leave to issue any writ of execution is necessary.

3

Leave required for issue of writ in aid of other writ.

4

Application for leave to issue writ.

5

Application for leave to issue writ of sequestration

6

Issue of writ of execution.

7

Duration and renewal of writ of execution.

8

Return of writ of execution.

 

 

 

 

Order 44

Garnishee Proceedings

1

Attachment of debt due to judgment debtor.

2

Application for order.

3

Service and effect of order to show cause.

4

No appearance or dispute of liability by garnishee

5

Dispute of liability of garnishee.

6

Claims of third persons.

7

Discharge of garnishee.

 

 

 

 

 

 

Order 45

Habeas Corpus Proceedings

 

 

 1.

Habeas corpus ad subjiciendum.

 2.

Application for leave

3. 

Producing person detained in court.

4.

Service of order.

5.

Return to the order for release.

6.

Procedure at hearing.

7.

Order to be clear.

8.

Bring up prisoner to give evidence, etc.

9.

Form of writ.

 

 

Order 46

Committal For Contempt Of Court

 

 

1

Committal for contempt of court.

2

Application to court.

3

Saving for power to commit without application for the purpose.

4

Provisions as to hearing.

5

Contempt in face of court: saving for.

6

Power to suspend execution of committal order.

7

Discharge of person committed.

8

Saving for other powers.

9

Return.

 

 

Order 47

Application For Judicial Review

 

 

1

Cases appropriate for application for judicial review.

2

Joinder of claims for relief.

3

Grant of leave to apply for judicial review.

4

Delay in applying for relief.

5

Mode of applying for judicial review.

6

Statements and affidavits.

7

Claim for damages.

8

Application for discovery, interrogatories, cross-examination, etc.

9

Hearing of application for judicial review.

10

Saving for person acting in obedience to mandamus

11

Consolidation of applications.

 

 

 

 

Order 48

Appeals and Applications under the

Trade Marks Act and Patents and Designs Act.

 

 

1

(1) Application of general procedure rules.

(2) Appeal from Registrar.

2

Notice of motion, etc.

3

Time within which appeal may be heard.

4

Amendment of notice of motion.

5

Power of Court of Appeal.

6

Reference by the Registrar.

7

Procedure for action on infringement of registered trade mark

8

Procedure for nullification of patent or design.

9

Restriction on evidence.

10

Procedure for action on infringement of patent or design.

11

Appointment of scientific adviser.

12

Interpretation under this order.

 

 

Order 49

Appeals to the Court from decisions of Professional bodies

 

 

1

Application.

2

Method of appeal.

3

Evidence.

4

Service.

5

Contents of notice, date of hearing.

6

Reasons for appeal to be filed.

7

Copy of affidavits to be served on the parties.

 

 

 

 

 

 

Order 50

Stay of execution pending appeal to the Court of Appeal

 

 

1

Stay of execution pending appeal.

2

Court may grant or refuse order for stay.

3

Formal order to be drawn.

 

 

Order 51

Sitting of the Court and vacation

 

 

1

Days of sitting.

2

Public or private sittings of court.

3

Office hours.

4

Days of sittings: long vacation

5

Vacation courts.

6

Vacation not reckoned in time for pleading.

7

Chambers.

 

 

 

 

 

 

Order 52

Costs

Security for costs

 

 

1

Security for costs by plaintiff or defendant

2

Manner of giving security.

3

Costs in discretion of court.

4

Powers of court.

5

Costs out of funds or property.

6

Court to determine amount of costs.

7

Principles to be observed in fixing costs.

8

Stay of proceedings till costs paid.

9

Taxation of costs.

10

Discretion of taxing master.

11

Taxation.

12

Where more than one-sixth of amount of bill of costs deduced on taxation.

 

 

Order 53

Fees and Allowances

 

 

1

(1) Fees.

(2) Allowances.

2

Regulations.

 

 

 

 

Order 54

Miscellaneous Provisions

 

 

1

What orders to be made.

2

Other procedure rules in Appendix 1.

3

Recovery of penalties and costs.

4

Notices.

5

Filing.

6

Fees.

7

Days of opening registry to the public.

8

Where no rules exist.

9

Part-heard matter.

10

Forms of writs of summons, etc.

 

 

 

 

 

 

 

Appendixes