HIGH COURT OF THE

FEDERAL CAPITAL TERRITORY

CIVIL
PROCEDURE
RULES

2025

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 HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

CIVIL PROCEDURE RULES, 2025

ARRANGEMENT OF ORDERS

ORDER 1: Application and Interpretation ……………………………………..

1. (1) Application
(3) Practice directions
(4) Interpretation of Terms

ORDER 2: Form and commencement of action ………………………………….

1. Mode of commencing Proceedings
2. (1) Proceedings to commence by writ
(2) Documents accompanying Writ
(5) Form of Writ, civil forms 1, 28
(6) Form of Writ for Service out of Nigeria, civil form 2
3. (1) Proceedings that may be commenced by originating summons
(2) Right under construction of an enactment
(3) Discretion of the Court on originating summons
(4) Forms of Originating Summons, civil forms 3, 4, 5
(5) Documents accompanying Originating Summons
(7) Penalty for non-compliance
4. Endorsement on service outside Federal Capital Territory
5. (1) Endorsement on Originating Process
(2) Alteration on Originating Process
6. Proceedings to be commenced by motion or petition
7. Screening for ADR
8. Certificate of pre action counseling, civil form 6
9. Affixing of seal by counsel on Court processes

ORDER 3: Electronic Filing and Virtual Proceedings

I. Electronic Filing
1. Electronic Filing
2. E-Filing unit
3. Compliance
4. Management of document(s)

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9. Service of electronic document(s)
10. Electronic signing of document
11. How to sign document electronically
12. Proper filing of electronic document(s)

II. Virtual Proceedings

1. Application for Virtual Proceedings
2. Practice Direction for Virtual Proceedings

ORDER 4: Place of Institution and Trial of Suits …………….……….

1. Suit relating to land & Property distrained or seized
2. Suit for recovery of penalties, forfeiture and against public officers
3. Suit for breach of contract
4. (1) Other suits
(2) Suits for different Defendants
5. Suits commenced in wrong division

ORDER 5: Pre-Trial/ Case Management ………………………………………

1. Practice Direction on Pre-trial Conference
3. Adoption of Case Management by Court

ORDER 6: Endorsement of Claim and Address ………………………………

1. Summary of claim, particulars of parties
2. Suit in representative capacity
3. Probate actions
4. Endorsement for liquidated demand
5. Endorsement for an account
6. Endorsement of address by Claimant or Legal Practitioner
7. Address of Service outside Jurisdiction
8. Consequence of non-disclosure and invalid address

ORDER 7: Effect of non-compliance …………………………………………

1. Non-compliance with rules
2. Setting aside for irregularity

ORDER 8: Issue of originating process ………………………………….…

1. Mode of preparing originating process
2. Issuing of originating process
3. Procedure after sealing

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4. Personal service of originating process
5. Affidavit accompanying probate action
6. Life span/ renewal of originating process, Civil Form 7
7. Loss of originating process
8. Concurrent originating process and service

ORDER 9: Service of processes …………………………………………….

1. (1) Persons to serve originating process
(3) Service on legal practitioner
2. Method of service
3. Personal service on authorized legal practitioner
4. Mode of service when not personal
5. Service on person under legal disability
6. Inmate of correctional centre or detainee
7. Partners
8. Corporation or company
9. Service on foreign corporation or company
10. Service on legal agent of a principal who is out of jurisdiction
11. (1) Substituted service
(3)(e) Substituted service by email
12. Where violence is threatened
13. Proof of service generally
14. Expenses of service
15. Time of service on certain days
16. Service of advance copies via e-mail
17. Service of hearing notices via e-mail
18. Recording of service

ORDER 10: Service Outside Nigeria and Service of Foreign Process …………
1. Where service of process is allowed outside Nigeria
2. Agreement as to service
3. Service abroad by letter of request Civil Form 8, Civil Form 9, Civil Form
10
4. Where leave is not granted or not required, Civil Form 11
5. Service of foreign process
6. Inapplicability of Rule 5
7. Service on behalf of foreign tribunals
8. Substituted service of foreign process

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ORDER 11: Appearance ……………………………………………………….…
1. Mode of entering appearance and service Civil Form 12
2. Defendant appearing in person or represented by legal practitioner
3. Fictitious address
4. Defendants appearing through same legal practitioner
5. Penalty for late appearance
6. Intervener in probate matters
7. Recovery of land
8. Landlord appearance
9. Appearance by person under legal disability
10. Tenant

ORDER 12: Default of Appearance …………………………………………

1. Default of appearance by person under legal disability
2. Default of appearance
3. Judgment for default of appearance in a case of liquidated demand
4. Judgment for default of appearance of several defendants
5. Default judgment in pecuniary damages
6. Default judgment in pecuniary damages for several defendants
7. Default judgment in pecuniary demands/ liquidated demand
8. Recovery of land in default appearance
9. Mesne profit
10. Judgment for costs upon payments
11. Setting aside judgment
12. Default of appearance in actions not specifically provided for
13. Compulsory service

ORDER 13: I. Parties Generally ………………………………………………

1. Joint or several claims
2. Action in the name of wrong claimant
3. Misjoinder and counter-claimant
4. Joinder of defendant(s)
5. Misjoinder of defendant(s)
6. Defendant need not be interested in all the reliefs
7. Joinder of persons by claimant
8. Doubt as to the person from whom relief is sought
9. Persons unknown

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10. Substitution of person unknown
11. Person under disability
12. Authority letter for guardianship
13. Trustees, Executors and Administrators
14. Parties in representative capacity
15. Representation of persons or classes
16. Power to approve compromise
17. Where there is no personal representative
18. Proceedings not defeated by misjoinder or non-joinder
19. Application to add or strike out a party by motion
20. Amendment of processes
21. Joining of third party by any of the parties
22. Appearance by third party
23. Default by third party
24. Subsequent third party

II. Actions against firms and persons carrying on business in names

other than their own.
25. Action by and against firms
26. Disclosure of partners' names
27. Appearance of partners
28. Application of rules to actions between co-partners
29. Person trading as firm

III. Change of parties by death or otherwise.

30. Actions not abated where cause of action survives
31. Order to carry on proceedings
32. Assignment creation or devolution of estate or title
33. Application to discharge order by persons under disability having a
guardian
34. Application by persons under disability having no guardian

IV. Legal Practitioners or Agents

35. Acts by legal practitioner or agent

ORDER 14: Joinder of Causes of Action ……………………………………

1. Joinder of causes of action
2. (1) Recovery of land

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 (2) Foreclosure or redemption
3. Claims by executor and administrator
4. Claims by claimants

ORDER 15: Pleadings ……………………………………………………

1. Filing of pleadings
2. Pleadings to state material facts and not evidence
3. Particulars to be given when necessary
4. Further and better statement of particulars
5. Pleadings not specifically denied
6. Conditions precedent
7. Grounds of defence to be specifically pleaded
8. Pleadings to be consistent
9. Joinder of issue
10. Effect of documents to be stated
11. Notice
12. Implied contract or relation
13. Presumption of law
14. Stated or settled account
15. Technical objection
16. Malice, knowledge or other conditions of mind
17. Grounds for striking out pleadings
18. Close of pleadings

ORDER 16: Statement of Claim …………………………………………………

1. Statement of Claim
2. Claim beyond endorsement on writ

ORDER 17: Defence and Counterclaim ……………………………………….

1. Statement of Defence in summary form
2. Evasive denial
3. Denials generally
4. Persons in representative capacity
5. Denial to damages claimed
6. Set off and counterclaim
7. Title of counterclaim
8. Claims against persons not party, civil form 13
9. Appearance by added parties

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10. Reply to counterclaim
11. Discontinuance of the claimant's claim
12. Judgment for balance in counter-claim
13. Ground of defence after action is filed
14. Further defence or reply
15. Concessions to defence, Civil Form 14
16. Exhibit to response to originating summons

ORDER 18: Reply ……………………………………………………………………

1. Filing of reply
2. Reply to counterclaim

ORDER 19: Admissions ……………………………………………………………

1. Notice of admission of facts
2. Notice to admit documents
3. Notice to admit facts
4. Cost of notice where documents unnecessary

ORDER 20: Default of pleading ………………………………………...…

1. Claim for liquidated demand
2. Default of one or several defendant(s) for final judgment
3. Damages and detention of goods
4. Default of one or more defendant(s) for interlocutory judgment
5. Debt or damages and detention of goods or damages
6. Recovery of land
7. Claims for mesne profit, arrears, or damages
8. Where a defence is filed to part of claim only
9. Defendant in default in cases not mentioned above
10. One of several defendants in default
11. Default of third party
12. Setting aside default judgment

ORDER 21: Payment into and out of Court …………………………………

1. (1) Payment into and out of court
(6) Civil Form 16
2. Acceptance of the paid money by claimant, Civil Form 17
3. Money remaining in court
4. (1) Several defendants
(2) Civil Form 18

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 (4) Civil Form 18
5. Money by a defendant to counter-claim
6. (1) Persons under legal disability
(3) Payment into and withdrawal of money from court
7. Application by motion on notice

ORDER 22: Proceedings in Lieu of Demurrer ……………………………

1. Demurrer abolished
2. (1) Points of law may be raised by pleadings
(3) Striking out of pleadings

ORDER 23: Withdrawal or Discontinuance …………………………

1. (1) Claimant may discontinue before defence
(2) Discontinuance after filing defence
(3) Compliance with terms of discontinuance
(4) Withdrawal or striking out of defence
2. Withdrawal by consent of parties
3. When to dismiss a suit

ORDER 24: Amendment ………………………………………

1. Number of amendment required
2. Mode of application
3. Accompanying documents for amendment
4. Penalty for default for amendment
5. Filing of amended processes
6. Marking of amendment
7. Correction of clerical mistakes and accidental omissions
8. General power to amend

ORDER 25: Application for Account and Inquiries ………………………………

1. Application for account
2. Mode of application
3. Order for an account, civil form 19
4. Verification of account by affidavit
5. Notice for erroneous account
6. Allowances
7. Consequences of delay in prosecution of account etc.
8. Distribution of fund before all entitled persons are ascertained

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ORDER 26: Interpleader …………………………………………………………….
1. The grant of interpleader
2. Requirement for grant
3. Adverse title of claimants
4. Application by a defendant
5. Summons by applicant
6. Stay of proceedings
7. Order of court upon summons
8. Questions of Law
9. Default of appearance by claimant
10. Costs

ORDER 27: References to Referees and Accounts ……………………

1. Matter order by court to referee
2. Instructions to referee
3. General powers of referee
4. Evidence before a referee
5. Reports of referees under a reference to the court
6. Taking of account
7. Verification of account
8. Mode of vouching accounts
9. Surcharge
10. Accounts and inquiry to be numbered, Civil Form 24
11. Just allowances
12. Expediting proceedings in case of undue delay

ORDER 28: Settlement Out of Court / Alternative Dispute Resolution ……

1. Out of court settlement
2. Judge to encourage ADR
3. (1) Consent cases to be referred to AMDC, civil form 15
(2) Time within which to report settlement
(3) Penalty for refusal
4. ADR directives and sanctions
5. Cost
6. Extension of time to report settlement
7. Where settlement has broken down
8 Enrolment of terms of settlement as consent judgment
9. Designation of ADR Judges

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10. Settlement Week
11. Sifter Committee to identify ADR cases

ORDER 29: Cause/ Counsel Lists …………………………………

A. Cause List
1. Daily cause list for hearing
2. Content and arrangement of cause list
3. Endorsement on case file
4. Posting of cause list

B. Counsel List
5. Daily counsel list
6. Content of counsel list

ORDER 30: Motions and Other Applications ……………………………

1. Applications by motion
2. Restriction on motion
3. Ex-parte application on injunction
4. Application in chambers
5. (1) Motion relating to arbitral award
(3) Enforcement of an award
6. Special leave
7. Where notice is not given
8. Adjournment of hearing motion
9. Serve of motion with originating process
10. Account by legal practitioner
11. Interim certificate

ORDER 31: Affidavits …………………………………………………..

1. Affidavit evidence
2. Title of affidavit
3. Use of defective affidavit
4. Leave to file affidavit out of time
5. Leave to enforce ex-parte order on affidavit
6. Notice of intention to use affidavit
7. Alterations in accounts to be initiated
8. Documents referred as exhibits
9. Certificate of exhibit

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ORDER 32: Application for Preservative Order …………………………
1. Preservation for subject matter of litigation
2. Early trial of cause
3. Order for sale of perishable goods
4. (1) Detention, preservation or inspection of property
(3) Inspection by Judge
5. Sale of property in possession of court
6. Recovery of property other than land subject to lien
7. Allowance of income of property pendent lite
8. Injunction against repetition of wrongful act for breach of contract
9. Appointment of a receiver by way of equitable execution
10. Receiver's security and remuneration
11. Adjournment for the receiver to give security
12. (1) Days for receiver to pass accounts
(2) Days to pay balance
(3) Penalty for failure to pass account or pay balance
13. Form of receivers' account, Civil Form 40
14. Leaving account at the registry, Civil Form 41
15. Consequences of default by receiver
16. Passing of guardian's account

ORDER 33: Security for an Absconding Defendant …………………………

1. Application against defendant leaving Nigeria
2. Summons to appear
3. Security for appearance
4. Deposit in lieu of security
5. Committal in default of deposit of security
6. Cost of sustenance of person in custody

ORDER 34: The Undefended List ……………………………………….…

1. (1) Application for undefended list
(3) Content of the writ
2. Copies of document to be served
3. Notice of intention to defend
4. Judgment in undefended suit
5. Oral evidence

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ORDER 35: Summary Judgment ……………………………………….…
1. Application for summary judgment
2. Copies of process for service
3. Service
4. Intention to defend a suit
5. (1) Leave to defend
(2) Judgment
(3) Judgment in part and leave to defend
6. Several defendants

ORDER 36: Summary proceedings for possession of landed property occupied

by squatters or without the owner's consent ………………………
1. (1) Application of this Order
(2) Proceeding to be brought by originating summons
2. No acknowledgement of service is required, Civil Form 47
3. Affidavit in support
4. Service
5. Application by occupier to be made a party
6. Order for possession, Civil Form 43
7. Writ of possession
8. Setting aside of order

ORDER 37: Transfers and Consolidation …………………………………

I - Transfers
1. Power of transfer by the Chief Judge
2. Payment of filing fees
3. Duties of Registrar
4. Direction for hearing
5. Default of attendance
6. Construction in relation to parties

II - Consolidation
7. Consolidation of actions

ORDER 38: Trial Proceedings ……………………………………….

1. Date for hearing
2. Default of appearance by parties
3. Default of appearance by defendant
4. Default of appearance by claimant

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5. Relisting of a case
6. Adjournment
7. Note by registrar
8. Order of proceedings
9. Complimentary evidence by parties
10. Nature of documentary evidence
11. Leave to call witness
12. Close of case of parties
13. Custody of exhibit during trial
14. Written address by party beginning
15. Written address where the other party calls evidence
16. Written address by party beginning
17. Reply on points of law
18. Release of exhibit
19. Rejected exhibits
20. List of exhibits
21. Non-diligent prosecution
22. Questions in cross-examination

ORDER 39: Filing of Written Address ………………

1. Application
2. Format for written address
3. Summation of written address
4. Oral argument
5. Adoption of written address
6. Copies of written address and service

ORDER 40: Evidence Generally ………………………

1. (1) Proof of facts
(2) Certified copies of documents
(3) Tendering of real evidence
2. Particular facts
3. Limitation of medical and expert evidence
4. Filing of documentary evidence with pleadings
5. Revocation and variation of order
6. Examination of witnesses abroad
(a) Civil form 21
(b) Civil Form 21

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7. Form for examination of witness abroad, civil form 22
8. Order for attendance of person to produce document
9. Default of order for attendance
10. Expenses of persons ordered to attend
11. Contempt of court
12. Examination of witnesses
13. Disposition with consent of party with leave of a judge
14. Administration of Oaths
15. Attendance of witness under subpoena
16. Mode of taking evidence at any stage of cause or matter
17. Special directions as to taking evidence
18. Use of evidence in subsequent proceedings in trial
19. Filing of praecipe of a subpoena Civil Form 23
20. Form of subpoena, Civil Form 24, 25 or 26
21. Subpoena for attendance of witness in Chambers
22. Correction of errors in subpoena
23. Personal service of subpoena
24. Duration of subpoena
25. Action to perpetuate testimony
26. Examination of witnesses to perpetuate testimony
27. Action not to be set down for trial
28. Evidence of a protected witness by electronic means

ORDER 41: Fast Track Proceedings ………………………………

1. Fast track Judges
2. Jurisdiction of Fast Track Court
3. Monetary claim
4. Application for fast track procedure, Civil form 27, 28, 29, 30
5. Time table/ case managements
6. Penalty for extension of time
7. Filing fees

ORDER 42: Judgment and Orders ……………………………

1. Delivery of judgment
2. Judgment to be dated
3. Directives in judgment by the judge
4. Judgment to state time for any act
5. Judgment by consent where defendant appears by a legal practitioner

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6. Judgment by consent where defendant has no legal practitioner
7. Order to be dated
8. Orders that may not be drawn up
9. Format for an order

ORDER 43: Application for Judicial Review ………………………

1. Cases for judicial review
2. Joinder of claims for relief
3. Leave to apply for judicial review
4. Time within which to apply
5. Mode of applying for judicial review
6. Service of application with motion
7. Award of damages
8. Interlocutory application
9. Hearing of application for judicial review
10. Obedience to an order of mandamus
11. Consolidation of application

ORDER 44: Habeas corpus, Attachment for Contempt …………………

I - Habeas Corpus
1. Application
2. Mode of application
3. Production of a detainee in court
4. Service of order
5. Endorsement on the return to the order
6. Procedure for hearing
7. Order is to be made in clear terms
8. Application by affidavit
9. Form of habeas corpus, Civil Form 24, 25, 26

II - Attachment for Contempt

10. Procedure for attachment
11. Endorsement on committal order
12. Response
13. Return

ORDER 45: Jurisdiction of Chief Registrar ……………………

1. Chief Registrar

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2. Business to be conducted by Chief Registrar
3. Chief Registrar may refer matter to the Chief Judge
4. Appeal from order of Chief Registrar
5. Chief Registrar's list of matters
6. Legal representation of party
7. No particular form for directives
8. Reference to judgment
9. (1) Form and Contents of certificate, Civil Form 37
(2) Content of certificate in cases of accounts and transcripts
10. Binding effect of certificate
11. Bill of costs
12. Discharge or variation of certificate

ORDER 46: Appeals from District and Area Courts ………………

1. Time to bring notice of appeal
2. (1) Contents of notice of appeal
(4) Civil Form 38
3. Copies of proceedings
4. Transmission of records of proceedings
5. Hearing notice
6. Enlargement of time after service of notice of appeal
7. Where time elapsed
8. Constitution of court hearing appeal
9. Briefs of argument
10. Direction for departure from the rules
11. Default of appearance by appellant
12. Default of appearance by respondent
13. Amendment of notice of appeal
14. Affirmation of judgment
15. Filing of any grounds of appeal by respondent
16. Defect of grounds of appeal
17. Objection to notice of appeal
18. Defects in notice of appeal or recognizance
19. Adducing evidence
20. Additional evidence
21. Fees: First Schedule
22. Allowances
23. Application for stay of execution

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24. Cost
25. Security for respondent's costs of appeal
26. Certification of judgment or order
27. Enforcement of judgment
28. Enforcement of order
29. Enlargement of time
30. Interpretation

ORDER 47: Appeals to the High Court from Decision of Auditors …………
1. Application of this order
2. Mode of appeal
3. Evidence by affidavit
4. Service of notice of motion
5. Contents of notice and date of hearing
6. Filing of notice and hearing
7. Time within which to oppose motion
8. Service on Auditor other than the auditor who gave the decision

ORDER 48: Court Sittings and Vacation ………………………………

1. Discretion of court on sittings/ hearing
2. Public or private sittings of court
3. Operational time for offices of court
4. Days of sittings and annual vacation
5. (1) Urgent matters
(2) Ex parte motion for urgent matters
6. Exemption for pleadings during vacation

ORDER 49: Costs ……………………………………

1. Principles to be observed in fixing cost
2. Security for costs
3. Security for costs by claimant temporarily within jurisdiction
4. Action founded on judgment or bill of exchange
5. Bond as security for costs
6. Cost at discretion of court
7. Costs out of fund or property
8. Stay of proceedings till cost paid
9. Stage of proceedings at which costs to be dealt with
10. When cost is to follow event

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11. Matters to be taken into account in exercising discretion
12. Costs arising from misconduct or neglect
13. Personal liability of Legal Practitioner f or costs
14. Taxation of costs
15. Notice to other party
16. Power of taxing officer
17. Supplementary powers of taxing officers
18. Extension of time
19. Power of taxing officer where party liable to be paid and to pay costs
20. Mode of beginning proceedings for taxation
21. Provisions as to bills of costs
22. Provisions as to taxation
23. Scale of costs
24. Certificate of taxing officer
25. Fees on taxation
26. Application for review
27. Application by summons

ORDER 50: Computation of Time ……………………………

1. Details for computation of time
2. Holiday
3. Time for service of processes
4. Extension of time by court
5. Penalty for default

ORDER 51: Proceedings in Forma Pauperis ………………

1. Application
2. Persons to sue in forma pauperis
3. Qualification
4. Fees and costs
5. Procedure to be followed
6. Revocation of order
7. Payment to legal practitioner
8. Duty of legal practitioner
9. Appeals

ORDER 52: Change of Legal Practitioner ……………………………

1. Discontinuance by legal practitioner

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2. Notice for change of legal practitioner or withdrawal
3. Re-engagement of legal practitioner

ORDER 53: Application and Proceedings in Chambers …………

1. Business to be disposed of in chambers
2. Procedure for application in chambers
3. Notes of proceedings in chambers
4. Drawing up orders made in chambers
5. Cost
6. Mode of setting aside and varying decision made in chambers

ORDER 54: Foreclosure and Redemption ……………………

1. Commencement by originating summons
2. Civil Form 39, 40 & 41
3. Service and execution of judgment

ORDER 55: Proceedings pending Appeal …………

1. Application for stay of execution
2. Compilation of records
3. Refusal of order for stay

ORDER 56: Grant of Probate or Administration in General …………

1. Application for probate
2. Registers to be kept at probate registry
3. Application to conduct search in the probate registry
4. Time to initiate grant of probate
5. Registrar to administer appropriate forms
6. Authority to take possession of property
7. (1) Notice and procedures to prohibit grant (Caveat), Civil Form 51, 52, 53
(3) Index of caveat
(4) Warning
8. Penalty for an unauthorized possession of property
9. (1) Declaration of value of property
(2) Fees
10. Application through legal practitioner
11. Personal application
12. Evidence of death
13. Oath to be taken before authorized officer

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14. Affidavit in support of grant
15. Grant in additional name(s)
16. Supplementary letters of administration or grant for additional assets
17. Accounts to be filed
18. Powers of a court undertaken by the Registrar
19. Effect of abandonment of process by applicant
20. Notice to Federal Capital Territory of intended application for grant
21. Resealing of grant
22. Revocation of grant
23. Limited grant
24. Application for leave to swear to the death of the deceased
25. Notice of election by surviving spouse to redeem life interest
26. Death of citizen of foreign country within jurisdiction
27. Grant where deceased died domiciled outside jurisdiction
28. Limited grants to Attorneys
29. Grants on behalf of infants
30. Grants in case of mental or physical incapacity
31. Guarantee as a condition
32. Re-issuance of grant
33. Evidence of foreign law

ORDER 57: Grant of Letters of Administration (Without Will) …………

1. Grant of letters of administration
2. Evidence to ascertain identity
3. Court may refuse grant until all persons interested are given due notice
4. Inquiries answered before grant
5. Surety bonds
6. Order of priority for grant of letter of administration
7. (1) Publication of application for grant
(2) Objection to application for grant
8. Grant to be signed by Chief Judge or his designate
9. Revocation of later grant

ORDER 58: Grant of Letters of Administration (with Will attached) ……

1. Application of Order 57
2. Order of priority for grant of letters of administration
3. Inspection of Will as to its execution
4. Joinder of administration

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5. Additional personal representatives
6. Holder of beneficial interest renouncing his right
7. Renunciation of probate and administration

ORDER 59: Probate (Non-Contentious) Procedure ……………………

1. Deposition of Will by testator
2. Evidence of due execution of Will
3. Execution of Will of blind or illiterate testator
4. Evidence of terms, conditions and date of Will
5. Attempted revocation of Will
6. Affidavit as to due execution, terms, etc of Will
7. Wills of persons on military service and seamen
8. Restriction on delivery of Will
9. Will not to be given out without order of court
10. Application for an order to proof codicil or Will
11. Application for opening of the Will
12. Order of priority for granting probate
13. Grant of probate
14. Assignors and assignees in grant of probate
15. Grants where infant is co-executor
16. Custody of Will of which probate is granted
17. Application for order to bring in a Will or attend for examination
18. Issue of copies of Will and other documents
19. Submission of testamentary documents
20. Making of Wills
21. Engrossment of original Will for purpose of record
22. Grant to attesting witnesses, etc.

ORDER 60: Probate (Contentious) Procedure ……………………….…

1. Citation to accept or reject grant of probate
2. Citation to propound a Will

ORDER 61: Proceedings in Probate and Administration Action …………….…

1. Suit under probate
2. Assignment of bond for suit
3. Application for summons to show cause
4. Order for administration of deceased's property
5. Administration may be granted to officer

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6. Appointment of administrator by the court
7. Remuneration of administrator
8. Grant of special administration
9. Actions against the decisions of Registrar
10. Service of notice of motion and summons
11. Notice to prohibit grant
12. Interpretation

ORDER 62: Miscellaneous Provisions ……………………….……….…

1. Where there is no provision
2. Default in payment
3. Publication of notices
4. Proper endorsement and recording
5. Warrants and Orders
6. Fees by government departments
7. Regulations on fees

ORDER 63: Fees and allowances ……………………….……….…

1. (a) Prescribed fees
(b) Allowances
2. Regulations

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 HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
CIVIL PROCEDURE RULES, 2025
In exercise of the powers conferred on me by Section 259 of the
Constitution of the Federal Republic of Nigeria 1999 and all powers
enabling me in that behalf I, Hon. Justice Husseini Baba Yusuf, Chief
Judge of the High Court of the Federal Capital Territory, make these
Rules:
1. The Civil Procedure Rules set out herein be the rules of Civil
The Civil procedure Procedure to be followed in the High Court of the Federal
Rules Capital Territory.
2. Where a matter arises in which no provisions or no adequate
provisions exist in the Rules, the Court shall adopt such
Where no procedure as may, do substantial justice between the parties
Rules exist
concerned.
3. (1) A reference in these Rules to anything done under these
Rules include a reference to anything done before the
Construction of
reference to commencement of these Rules under any corresponding law or
law, Rules Rule of Court ceasing to have effect on the commencement of
these Rules.
(2) Except where the context otherwise requires, any reference
in these Rules to any enactment shall be construed as a
reference to that enactment as amended, extended or applied
by or under any other enactment
4. The Forms set out in the Appendix to the Schedule shall be used
where applicable with such variations as the circumstances of a
Forms
particular case may require.
5. The High Court of the Federal Capital Territory, (Civil
Procedure) Rules 2018 are amended.
Amendment
6. These Rules may be cited as the High Court of the Federal
Capital Territory, (Civil Procedure) Rules 2025.
Short title
Dated this…7th day of…November,…2024

____________________________________
Hon. Justice Husseini Baba Yusuf
Chief Judge,
High Court of the Federal Capital Territory.
COMMENCEMENT
These Rules shall come into effect on the 3rd.. day of .. March, 2025

1
 ORDER 1
Application and Interpretation

1. These Rules shall apply to all proceedings including all Application

part-heard cases, causes and matters in respect of steps to
be further taken in such cases, causes and matters. The
Court shall give such directions, as may be necessary or
expedient to ensure conformity with the requirement of
these Rules.

2. Application of these Rules shall be directed towards the

achievement of a just, efficient and expeditious
dispensation of justice. Parties and Counsel shall assist the
Court to further the overriding objectives of these Rules.

3. The Chief Judge may give practice directions, generally or Practice

in respect of a particular case, for carrying out any Directions
provision of these Rules.

4. These Rules shall be interpreted in accordance with the Interpretation

of Terms
Interpretation Act, or any re-enactment

5. In the construction of these Rules, unless there is anything

in the subject or context repugnant thereto, the several
words hereinafter mentioned or referred to shall have or
include the following meanings:

“ADR” means Alternative Dispute Resolution.

“ADR Judge” means a Judge of the High Court designated

by the Chief Judge to handle ADR related matters.

“AMDC” means the Abuja Multi-Door Courthouse.

"Attorney-General" means the Attorney-General of the

Federation.

"Chief Judge" means the Chief Judge of the High Court of

the Federal Capital Territory.

2
 "Claimant" means a party initiating an action and shall
include a counter claimant.

“Convention country” means a foreign country with

whom Nigeria share legal commitments on a matter.

"Court" means the High Court of the Federal Capital

Territory.

"Court process” or "process” includes writ of summons,

originating summons, originating process, notices,
petitions, pleadings, orders, motions, summons, affidavits,
warrants and all documents or written communications of
which service is required.

"Decision" means any decision of a Court and includes

judgment, ruling, decree, order, conviction, sentence or
recommendation.

"Defendant" is a party against whom an action is initiated

and shall include a defendant to a counter claim.

“FCT” means the Federal Capital Territory.

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

"Law" means the High Court of the Federal Capital

Territory Act or any re-enactment.

"Legal Practitioner" means a Law Officer, a State Counsel

or a person authorized to practice law in Nigeria.

"Minor" means a person who has not attained the age of 18

years.

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"Originating process" means any Court process by which a
suit is initiated.

"Person under legal disability" means person who lacks

capacity to institute or defend any proceedings by reason
of age, insanity, unsoundness of mind or otherwise.

"Probate action" means an action for the grant of probate of

the will, or letters of administration of the estate of a
deceased person or any other action or cause arising from
the administration of the deceased estate.

“Process Server” means any person or electronic means

authorised to serve a Court process under any enactment,
regulation or rule of Court.

"Registrar" means the Chief Registrar, Deputy Chief

Registrar, Assistant Chief Registrar, Principal Registrar,
Senior Registrar, Higher Registrar, or any other officer
acting or performing the functions of a Registrar.

"Registry” means the Registry of the High Court of the

Federal Capital Territory, in the appropriate judicial
division.

“Return date” means the day endorsed on a Court process

for the first appearance of the parties before a Court or any
other date as the Court may appoint and in the case of the
undefended list it is the day fixed for hearing.

“SMS” means Short Message Service.

"Taxing Officer" means the Chief Registrar or such other

officer of the Court as the Court may appoint to tax costs.

“Walk in Cases” means disputes filed directly at AMDC

with the objective of resolving same through any of the
Courthouse Multi Doors to the exclusion of Arbitration.

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 ORDER 2
Form and commencement of action

Mode of 1. Subject to the provisions of any enactment or this Rules,

commencing
Proceedings
civil proceedings may be commenced by writ, originating
summons, originating motion or petition.

Proceedings to 2. (1) The under listed proceedings shall be commenced by

commence by writ writ except any applicable law requires that the
proceedings shall be commenced otherwise, than by writ:
a. Proceedings in which claimant claims:

(i) Any relief or remedy for any civil wrong

or
(ii) Damages for breach of duty, whether
contractual, statutory or otherwise, or
(iii) Damages for personal injuries to or
wrongful death of any person, or in
respect of damage or injury to any
person, or in respect of damage or
injury to any property.
b. Where the claim is based on or includes an
allegation of fraud, or
c. Where the claim is for declaration.
Documents (2) All civil proceedings commenced by writ of summons
Accompanying
writ
shall be accompanied by:
(a) Statement of claim;
(b) List of witness(es) to be called at the trial;
(c) Written statements of the witnesses
(except that of a witness on subpoena)
numbered in consecutive paragraphs;
(d) Copies of every document to be relied
on at the trial.

5
 (3) The claimant shall provide as many copies of the Form of Writ
Civil Forms 1,
processes listed in (a) – (d) above for the use of the Court 28
and as there are defendants to be served.
(4) Where a claimant fails to comply with rules (2) and (3)
above, his originating process shall not be accepted for
filing by the registry
(5) Except in the cases in which different forms are
provided in these Rules, the writ of summons shall be as in
Form 1 with such modifications or variations as
circumstances may require as in Form 28 (Fast Track).
Form of Writ
(6) A writ of summons to be served out of Nigeria shall be for Service out
as in Form 2 with such modifications or variations as of Nigeria
circumstances may require. Civil Form 2

3. (1) Any person claiming to be interested under a deed, will, Proceedings

that may be
enactment or other written instrument may apply by commenced by
originating summons for the determination of any Originating
Summons
question of construction arising under the instrument and
for a declaration of the rights of the persons interested.
(2) Any person claiming any legal or equitable right in a Right under
case where the determination of the question whether he is construction of an
enactment
entitled to the right depends upon a question of
construction of an enactment, may apply by originating
summons for the determination of such question of
construction and for a declaration as to the right claimed.
Discretion of the
(3) The Court shall not be bound to determine any such Court on
question of construction if in its opinion it ought not to be Originating
determined on originating summons but may make any Summons
such orders as it deems fit.
(4) An originating summons shall be as in the Forms 3, 4 or Forms of
5 to these Rules, with such variations as circumstances may Originating
require. It shall be prepared by the applicant or his legal Summons
Civil Forms 3, 4, 5
practitioner, and shall be sealed and filed in the registry.
(5) An originating summons shall be accompanied by: Documents
accompanying
(a) An affidavit setting out the facts relied upon; Originating
(b) All the exhibits to be relied upon; Summons

6
 (c) A written address in support of the application;
Penalty for non- (6) The claimant shall provide as many copies of the
compliance
processes listed in (a) –(c) above for the use of the Court and
as there are defendants to be served.
Endorsement on
Service outside (7) Where the Applicant fails to comply with rules (5) and
Federal Capital (6) above, his originating process shall not be accepted for
Territory
filing by the Registrar

4. Subject to the provision of the Sheriffs and Civil Process

Endorsement on
originating process Act, a writ of summons or other originating process issued
by the Court for service in Nigeria outside the FCT shall be
endorsed by the Registrar of the Court with the following
notice:

Alteration on
originating process "This summons (or as the case may be) is to be Served out of the
Federal Capital Territory, and in the ……………. state".

Proceedings to be 5. (1) The Registrar shall indicate the date and time of
commenced by presentation for filing on every originating process
motion or petition
presented to him and shall arrange for service to be
effected.
(2) An originating process shall not be altered after it is
sealed except upon an application to the Court.

Screening for ADR 6. Proceedings may be commenced by originating motion or

petition where these Rules or any written law provide.

Certificate of pre- 7. All originating processes shall upon acceptance for filing
action counseling by the registry be screened for suitability for ADR, and
where it is considered appropriate, the Chief Judge may
refer the case to:
(1) The Abuja Multi Door Court House.
(2) Or other appropriate ADR institutions or practitioners
in accordance with the Practice Directions that shall from
time to time be issued by the Chief Judge of F.C.T.

7
8. A certificate of pre-action counseling signed by counsel Civil Form 6

and the litigant shall be filed along with the originating

processes where proceedings are initiated by counsel,
showing that the parties have been appropriately advised
as to the relative strength or weakness of their respective
cases, and the counsel shall be personally liable to pay the
costs of the proceedings where it turns out to be frivolous,
as in Form 6.
Affixing of Seal by
9. All processes filed at the Registry shall bear the seal of the Counsel on Court
counsel filing the suit. processes

ORDER 3
Electronic Filing and Virtual Proceedings

I Electronic Filings
Electronic Filing
1. All Court processes may be filed and served on parties by
electronic means.

2. The Chief Judge may establish an E-Filing unit for E-filing Unit
maintaining a designated online site for electronic filing of
processes and documents.

3. Any cause or matter filed electronically shall be in compliance

accordance with these Rules.

4. The E-Filing unit shall be responsible for the management Management

of Document(s)
of the documents and processes of Court which are
electronically transmitted to the Court.

5. The E-filing system shall run parallel with the existing

filing procedure in the Rules of the Court.

6. The filing method adopted by the Claimant in commencing

an action shall equally be adopted by the Defendant in
response.

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 7. A Claimant who files a cause or matter electronically may
continue in the same manner until the determination of the
matter.

Service of 8. A documentary exhibit may be saved directly where such

electronic document is in soft copy or scanned where it is in hard
document(s)
copy.

Electronic signing 9. Processes and documents signed electronically shall be

of Document
deemed properly signed.

How to Sign to
sign document
10. Where a document is to be signed or made under oath, the
electronically party may sign
(a) Electronically; or
(b) Manually and scan it.

Proper filing of 11. Where an E-filed process or document is considered filed

electronic
document(s) out of time arising from a technical glitch on the part of the
filing system of the Court, any process or document so filed
may be deemed properly filed as the Court may direct.

II Virtual Proceedings
Application for
Virtual proceedings
1. Upon application of a party or as directed by the Court,
proceedings may be conducted virtually.
Practice direction
for virtual 2. The Chief Judge may issue Practice Direction for the
proceedings conduct of virtual proceedings.

ORDER 4
Place of Institution and Trial of Suits

Suits relating to Subject to the provisions of the High Court of the Federal Capital
land and property
distrained or seized
Territory Act on transfer of suits, the place for trial shall be
regulated as follows:
Suits for recovery
of penalties,
forfeitures and 1. All suit relating to land or any mortgage or charge on land
against public or any interest in land, or any inquiry or damage to land
officers and actions relating to personal property distrained or

9
 seized for any cause, may be commenced and determined
in the judicial division in which the land is situated, or the
distraint or seizure took place.

2. All actions for recovery of penalties, forfeitures, and all Suits for breach of
actions against public officers may be commenced and contracts
tried in the judicial division in which the cause of action
arose.

3. All suits for specific performance, or upon the breach of Other suits
any contract, may be commenced and determined in the
judicial division in which such contract was formed, ought
to have been performed or in which the defendant resides
or carries on business.

4. (1) All other suits may be commenced and determined in Suits for different
the judicial division in which the defendant resides or defendants

carries on business.
(2) Where there are several defendants who reside or carry
on business in different judicial divisions, the suit may be
commenced in any one of those judicial divisions subject to
any order or direction the Court may make or gives as to
the most convenient venue for trial of the suit.

5. If any suit is commenced in the wrong judicial division, the Suits commenced
in wrong judicial
Court may refer the suit to the Chief Judge to be reassigned division
to the appropriate judicial division unless the Chief Judge
otherwise directs.

ORDER 5
Pre-Trial/ Case Management
Practice direction
1. The Chief Judge may at his discretion issue a Practice on pretrial
Direction on pre-trial conference and case management. conference

2. Subject to Rule 1 of this Order, a judge in managing his

cases may give directions as to pre-trial issues.

10
Adoption of case 3. A Judge shall endeavour to adopt contemporary and best
management by
Court case management practices in the conduct of Court
proceedings.

ORDER 6
Endorsement of Claim and Address

Summary of claim, 1. Every originating process shall contain an endorsement of

particular of parties the relief(s) or remedy sought and the full names and
address of the Claimant(s) and the Defendant(s).

Suit in 2. Where a Claimant sues, or the Defendant or any of several

representative
capacity Defendants is sued in a representative capacity, the
originating process shall state that capacity.

Probate actions 3. 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.

Endorsement for 4. (1) Where the claim is for debt or liquidated demand only,
liquidated demand the originating process shall state the amount claimed for
debt or in respect of such demand with costs and shall
further state that the defendant may pay the amount with
costs to the claimant’s legal practitioner within the time
allowed for appearance and that upon such payment the
Proceedings shall terminate.
(2) The defendant may notwithstanding payment under
this rule, have the cost taxed and if more than one sixth of
the cost shall be disallowed, the claimant's legal
practitioner shall pay the cost of taxation.

Endorsement for an 5. In all cases where a claimant in the first instance desires to
account have an account taken, the originating process shall so
state.

Endorsement of 6. (1) A claimant suing in person shall state on the originating

address by claimant
or legal practitioner
process his address for service. If he lives and carries on

11
 business outside the jurisdiction he shall state an address
within the jurisdiction as his address for service.
(2) Where a claimant sues through a legal practitioner, the
legal practitioner shall state on the originating process his
address for service. If the legal practitioner is based outside
the jurisdiction, he shall state an address within the
jurisdiction as his address for service, telephone number(s)
and email address.

7. Where an originating process is to be served on a defendant Address of Service

outside jurisdiction
outside the jurisdiction the process shall state the address
as provided in rule 6 of this Order.

8. Where the originating process does not state an address for Consequence of

service, it shall not be accepted by the Registrar and if any non-disclosure and
invalid address
such address is illusory, fictitious or misleading, the Court
may on the application of the defendant set aside the
process.

ORDER 7
Effect of non-compliance

1. (1) Where in beginning or purporting to begin any Non-compliance

proceedings there has by reason of anything done or left with rules
undone, been a failure to comply with the requirements of
these rules, such failure shall not nullify the proceedings.
(2) Where at any stage in the course of or in connection with
any proceedings there has by reason of anything done or
left undone been a failure to comply with the requirements
as to time, place, manner, or form, such failure may be
treated as an irregularity. The Court may give any direction
as it deems fit to regularise such step(s).
(3) The Court shall not wholly set aside any proceedings or
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 commenced by an originating process
other than the one used.

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Setting aside for 2. (1) An application to set aside for irregularity any step
irregularity
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.

ORDER 8
Issuance of originating process

Mode of preparing 1. Originating process shall be prepared by a claimant or his

Originating legal practitioner, and shall be clearly printed on A4 paper.
process

2. (1) The Registrar shall sign and seal every originating

issuing of
originating process process and it shall be deemed to be issued.
(2) The claimant shall provide as many copies of the
originating processes filed for the use of the Court and for
service on the defendant(s).
(3) Each copy shall be signed by the legal practitioner or by
a claimant where he sues in person and shall be certified
after verification by the Registrar as being a true copy of the
process filed.

3. The Registrar shall after sealing an originating process:

Procedure after
sealing (a) Open a file;
(b) State in the file the number of copies supplied by
the claimant;
(c) Endorse on the file the suit number, parties and
date of filing, and
(d) Enter in the cause book (c) above

Personal service of 4. The Registrar shall promptly effect or cause to be effected

originating process by personal service of the originating process and
accompanying documents duly certified on each
defendant as provided under rule 2 (3) of this Order.

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5. The originating process in probate actions shall be Affidavit
accompanying
accompanied by an affidavit sworn to by a claimant or one probate action
of several claimants verifying the contents of the process.

6. (1) The life span of every originating process shall be 12 Life span/Renewal
months. of originating
process
(2) Where a Court is satisfied that it has proved impossible
to serve an originating process on any defendant within its
life span and a claimant applied within 14 days after its
expiration for renewal of the process, the Court may renew
the original or concurrent process for a further period of 6
Civil form 7
months from the date of such renewal. A renewed
originating process shall be as in Form 7 with such
modifications or variations as circumstances may require.

7. Where an originating process is lost after issue, the Court Loss of originating
may accept copy of the certified process in place of the lost process

one.
Concurrent
8. (a) An originating process for service outside jurisdiction originating process
may be issued and marked as a concurrent originating and service
process with the one for service within jurisdiction.
(b) A claimant may at the issuance of an originating
process or at any time during its life span, cause to be
issued one or more concurrent originating processes each
to bear the same date as the initial process marked
"CONCURRENT" and have stated on it the date of issue.

ORDER 9
Service of processes

1. (1) Service of originating process shall be made by a Sheriff, Persons to serve

Deputy Sheriff, Bailiff, Special Marshal or other officer of originating process
the Court. The Chief Judge may also appoint and register
any law chambers, courier companies or any other
person(s) or by electronic means as mutually agreed to by
parties prior to the institution of the action.

14
 (2) Any person or corporate body serving a process
pursuant to sub rule 1 above shall have the privileges and
liabilities of an officer of the Court. The expenses of such
special service shall be defrayed by the party on whose
application he is appointed unless the Court in any case
sees reason to vary this rule.
(3) Where a party is represented by a legal practitioner,
Service on legal service of Court process of which personal service is not
practitioner
required may be made on such legal practitioner or on a
person under his control.

2. An officer of Court or process server shall serve an

Method of service originating process by delivering to the party to be served a
copy of the process duly certified as provided by Order 8
Rule 2(3).

Personal Service on 3. No personal service of an originating process shall be

authorized legal required where the defendant has authorized his legal
practitioner
practitioner in writing to accept service and such legal
practitioner enters appearance.

Mode of service 4. All processes for which personal service is not expressly
when not personal required by these rules or any applicable law either on an
individual, company or business shall be sufficiently
served if left with an adult person resident or employed at
the address for service given under Order 6 Rule 6 or if
served by any other means as the Court may order.

Service on Person 5. (1) Where a person under legal disability is a defendant,

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

15
6. Where a detainee or inmate of a station, facility or a Inmate of
correctional centre
correctional centre is a defendant, service on the head or or Detainee
other officer in charge of the station, facility or correctional
centre where the defendant is, or on an officer of the agency
in charge of the station, facility or correctional centre shall
be deemed good and sufficient personal service on the
defendant.

7. (1) Where persons are sued as partners in the name of their

Partners
firm, the originating process shall be served upon any one
or more of the partners at the place of business within the
jurisdiction or upon any person having control or
management of the firm.
(2) The service of the originating process shall be deemed
good service upon the firm whether any of the members
are out of the jurisdiction or not and no leave to serve an
originating process against them shall be necessary:
(3) Where a firm has been dissolved to the knowledge of the
claimant before the commencement of the action, the
originating process shall be served upon every person
within the jurisdiction sought to be made liable.

8. Subject to any statutory provision regulating service on a

Corporation or
registered company, corporation or body corporate, every company
originating process requiring personal service may be
served on a registered company, corporation or body
corporate, by serving it on any officer or employee of the
body corporate at the head office or any other place of
business of the organisation within the jurisdiction of the
Court.

9. (1) Where the suit is against a foreign corporation or Service on

company as defined by the relevant provisions of the Foreign
Companies and Allied Matter Act, having an office and Corporation or
carrying on business within the jurisdiction, and such suit Company

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 any officer or

16
 representative at the place of business of such foreign
corporation or company within the jurisdiction:
(2) Where a foreign corporation or company has complied
with the relevant provisions of the Companies and Allied
Matters Act, personal service shall be effected on one of the
persons authorized to accept service on behalf of the said
company.

Service on Legal 10. Where a contract has been entered into within the
agent of principal jurisdiction by or through an agent residing or carrying on
who is out of
jurisdiction 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
such contract may, before the determination of such agent's
authority or of his business relations with the principal be
served on such agent. A copy of the originating process
shall be sent promptly by the claimant to the defendant at
his address out of the jurisdiction.

11. (1) Where personal service of an originating process on an

Substituted service individual or corporate body cannot be effected, the Court
may upon application by the claimant make such order for
substituted service as may seem just.
(2) Every application to the Court for substituted
service shall be supported by an affidavit setting forth the
grounds upon which the application is made.
(3) Where it appears to the Court after an attempt at
personal service, that for any reason personal service
cannot be conveniently effected, the Court may order that
service be effected either by:

(a) delivery of the document to some adult

inmate at the usual or last known place of
abode or business of the person to be served;
or
(b) delivery to some person being an agent of the
person to be served, or to some other person,
on it being proved that there is reasonable

17
 probability that the document would in the
ordinary course, through that agent or other
person, come to the knowledge of the person
to be served; or
(c) advertisement in the Federal Gazette, or in
some newspaper circulating within the Substituted service
jurisdiction; or by email
(d) E-mail or any other electronic means and
courier service or any other means as the
Court may consider appropriate.

12. Where a person to be served, alone or in concert with Where violence is

others, resists service or applies or threatens violence to the threatened
process server, the process server may leave the process
within the reach of person to be served, and this shall be
deemed good and sufficient service.

13. (1) The process server shall after serving any process Proof of service
promptly depose to and file an affidavit setting out the fact, generally

date, time, place and mode of service, describing the

process served and shall exhibit the acknowledgment of
service.
(2) Proof of service by email shall be evidenced by an
affidavit with a printout of an email notifier attached
thereto.
(3) The affidavit shall be prima facie proof of service.

14. (1) The party requiring service of any process shall pay in
advance all costs and expenses incidental to service. Expenses of service

(2) The costs and expenses for service shall be as directed by

the Chief Judge in Practice Directions from time to time.

15. (1) Service of originating and other processes, shall be

effected between the hours of 6am and 6pm provided that Time of service on
certain day
where service is effected after 6pm, such service will be
deemed to have been effected on the next service day.
(2) Service shall not be effected on a Sunday or on a public
holiday save in exceptional circumstances as may be
authorized by the Court.

18
Service of advance 16. Where parties are represented by counsel, advance copies
copies via email
of processes other than originating process may be served
by email.

Service of hearing 17. The Court may serve hearing notices via email, WhatsApp,
notice via email
Telegram, SMS and/or any electronic means or as may be
directed by the judge.

Recording of
service
18. (1) The Registrar shall keep a register in such form as the
Chief Judge may direct for recording service of processes
by any process server. The Registrar shall record the names
of the claimant and defendant, the method of service, and
the manner used to ascertain that the right person was
served.
(2) Where any process was not served, the cause of failure
shall be recorded in the register. Every entry in the register
or certified copy shall be prima facie evidence of such
matters.

ORDER 10
Where service of Service outside Nigeria and Service of Foreign Process
process is allowed
outside Nigeria
1. The Court may allow any originating or other process to be
served outside Nigeria where;

(a) The subject matter of the claim is land situated within

jurisdiction, or
(b) Any act, deed, will, contract, obligation, or liability
affecting land or hereditaments situated within
jurisdiction, is sought to be construed, rectified, set aside or
enforced, or
(c) Any relief is sought against any person domiciled or
ordinarily resident within jurisdiction, or
(d) The claim is for 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 situated within jurisdiction) of the trusts or any

19
written instrument, which ought to be executed according
to an Act of the National Assembly, or

(e) The claim is brought against the defendant to enforce,

rescind, dissolve, annul or otherwise affect a contract or to
recover damages or other relief for or in respect of a
contract;

(i) Made within jurisdiction, or

(ii) Made by or through an agent residing or carrying on
business within jurisdiction on behalf of a principal
residing or carrying on business outside
jurisdiction, or
(iii) Which by its terms or by implication is to be
governed by the applicable law in the FCT, or
parties have agreed that the Court shall have
jurisdiction to entertain any claim in respect of such
contract, or is brought against the defendant in
respect of a breach committed within jurisdiction, of
a contract wherever made notwithstanding that
such breach was preceded or accompanied by a
breach out of jurisdiction which rendered
impossible the performance of the contract which
ought to have been performed within jurisdiction.

(f) The claim is founded on a tort committed within

jurisdiction, or
(g) An injunction is sought as to anything to be done or any
nuisance within jurisdiction is sought to be prevented or
removed, whether or not damages are sought or
(h)Any person out of the jurisdiction is a necessary or
proper party to an action properly brought against some
other person duly served within jurisdiction, or
(i) The claim is by a mortgagee or mortgagor in relation to a
mortgaged property situated 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

20
 mortgagee; but does not seek (unless and expect so far as
permissible under paragraph (e) of this rule) any
judgement or order for payment of any monies due under
the mortgage, or
(j) The proceedings relate to a person under legal disability,
or
(k) The proceedings relate to probate matters, or
(l) Where any proceedings under any law or rule of Court
have been instituted by any originating process.

Agreement as to 2. Where parties have by their contract prescribed the mode

service 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 3. Where leave is granted to serve an originating process in

letter of request
any foreign country with which no convention in that
behalf has been made, the following procedure may be
adopted;

Civil Form 8 (a) The process to be served shall be sealed with the seal
of the Court for service outside Nigeria, and shall be
transmitted to the Solicitor General of the Federation by the
Chief Registrar, with a copy translated, if not in English,
into the language of that country and with a request for its
further transmission to the appropriate authority. The
request shall be as in Form 8 with such modifications or
variations as circumstances may require;
Civil Form 9 (b) A party wishing to serve a process under this rule
shall file a praecipe as in Form 9 with such modifications or
variations as circumstances may require;
(c) A certificate, declaration, affidavit or other
notification of service transmitted to the Court through
diplomatic channels by a Court or other appropriate
authority of the foreign country, shall be deemed good and
sufficient proof of service;
Civil Form 10 (d) Where a certificate, declaration, affidavit or other

21
 notification transmitted as aforesaid states that efforts to
serve a process have failed, the Court may, on an ex parte
application, order substituted service. The process, a copy,
the Order for substituted service, and a request as in Form
10 with such modifications or variations as circumstances
may require shall be sealed and transmitted to the Solicitor
General of the Federation;
Notwithstanding the foregoing provision a claimant may
with leave of Court serve any originating process by
courier.

These provisions shall not affect the powers of a Court in

cases (the Court) where lands, funds, choses in action,
rights or property within jurisdiction are sought to be dealt
with or affected. The Court may, without assuming
jurisdiction, over any person outside jurisdiction, cause
such person to be informed of the nature or existence of the
proceedings with a view to such person having an
opportunity of claiming, opposing or otherwise
intervening.

4. (1) where leave is granted or is not required in a civil suit Where leave is not
and it is desired to serve any process in a foreign country granted or not
required
with which a convention in that behalf has been made, the
following procedure shall subject to any special provision
contained in the convention, be adopted.

(a) The party desiring such service shall file in the registry a Civil Form 11
request as in Form 11 with such modifications or variations
as circumstances may require and the request shall state
the medium through which it is desired that service shall
be effected, 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 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

22
 person to be served and any further copies which the
convention may require (unless the service is require to be
made on a Nigerian subject directly through diplomatic
channels in which case the translation and copies need not
accompany the request unless the convention expressly
requires that they should 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 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) The Court, in granting leave to serve a process out of

jurisdiction under this order, may upon request therefore
in appropriate case direct that courier shall be used by the
party effecting service.

Service of foreign
5. Where in any civil or commercial matter pending before a
process Court or tribunal of a foreign country a letter of request
from such Court or tribunal for service on any person or
citation in such matter is transmitted to the Court by the
Attorney-General of the Federation stating that it is
desirable that effect be given to it, the following procedure
shall be adopted:
(a) The letter of request for service shall be accompanied by
two copies of the process or citation in English and two
translated copies to be served.
(b) Service of the process or citation shall be effected by a
process server unless the Court otherwise directs;
(c) Service shall be effected by delivering to and leaving
with the person to be served a copy of the process or
citation, and a translated copy in accordance with the rules
and practice of the Court.

23
 (d) The process server shall file an affidavit of service after
service has been effected which shall include particulars of
charges for the cost of effecting the service. The affidavit
shall be transmitted to the Chief Registrar with one copy of
the process annexed;
(e)The Chief Registrar shall examine and verify the
particulars of charges, approve or vary it (a lesser figure),
(f) The Chief Registrar shall forward to the Attorney-
General a letter of request for service, the approved
amount for service, evidence of service and a certificate
appended to it.

6. Rule 5 of this order shall not apply to or render invalid,

Inapplicability of
defective or insufficient any otherwise valid or sufficient Rule 5
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.

7. Where in any civil suit pending before a Court or tribunal

in a foreign country with which a convention in that behalf Service on behalf of
foreign tribunals
has been made, request for service of any process or
document on any person within the jurisdiction is received
by the Chief Registrar 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, 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 for service;
(c) The Registrar shall transmit to the appropriate foreign
authority a certificate establishing the fact and date of
service, or indicate reasons for failure to serve, and notify
the authority of the amount certified under paragraph (b)
of this rule.

24
Substituted service 8. In appropriate cases, upon application, a Court may order
of foreign process substituted or other service of the foreign process.

ORDER 11
Appearance

Mode of entering
1. (1) Subject to the provisions of the Sheriff and Civil Process
appearance and
service Act, a defendant served with an originating process shall,
within twenty-one (21) days, file in the registry as many
Civil Form 12
copies of the completed and signed memorandum of
appearance for service on the other parties.
(2) The Registrar shall, on receipt of the memorandum of
appearance, make an entry and stamp the copy with the
seal showing the date he received it and return the sealed
copy to the person making the appearance.
(3) A defendant entering appearance shall within the time
prescribed in sub-rule (1) above, serve a sealed copy of the
memorandum of appearance on a claimant's legal
practitioner or on the claimant if he sues in person and on
any other defendants. The memorandum shall in addition
to any other endorsement required by these rules include
the defendant's email address and telephone number.

Defendant 2. (1) A defendant appearing in person shall state in the

appearing in memorandum of appearance an address for service within
person or
represented by legal FCT.
practitioner (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 FCT, his telephone(s) and email address and where
any such legal practitioner is only the agent of another legal
practitioner, he shall also state the name and place of
business of the principal legal practitioner.

3. The Registrar shall not accept any memorandum of

appearance which does not contain an address for service.

25
 If any such address is illusory, fictitious or misleading, the Fictitious address

appearance may be set aside by the Court on the

application of a claimant or other parties.

4. If two or more defendants in the same action appear Defendants

through the same legal practitioner the memorandum of appearing through
same legal
appearance shall include the names of all the defendants practitioner
appearing.

5. If a defendant files an appearance after the time prescribed Penalty for late
in the originating process, he shall be bound by the appearance
provisions of Order 49 Rule 10 or any amount that the Chief
Judge may determine from time to time for each day of
default.

6. In probate matters any person not named in the originating Intervener

process may intervene and appear in the matter on filing an in probate matters
affidavit showing his interest in the estate of the deceased.

7. Any person not named as a defendant in an originating Recovery of land

process for recovery of land may with leave of the Court
appear and defend, on filing an affidavit showing that he is
in possession of the land either by himself or through his
tenant.

8. Any person appearing to defend an action for the recovery

Landlord
of land as a landlord, in respect of property of which he is in appearance
possession only through his tenant, shall state in his
memorandum of appearance that he appears as landlord.
Appearance by
9. A person under legal disability shall enter an appearance person under legal
by his guardian. disability

10. In this order the word "Tenant" includes a sub-tenant or Tenant

any person occupying any premises whether on payment
of rent or otherwise.

26
 ORDER 12
Default of Appearance

Default of 1. Where an appearance has not been entered for a person

appearance by under legal disability,
person under legal
disability
a claimant shall apply to the Court for an order that a
person be appointed guardian for such defendant and
when appointed the person may appear and defend. 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 2. Where any defendant fails to appear, a claimant may

appearance proceed upon proof of service of the originating process
under the appropriate provisions of these Rules.

Judgment for 3. Where the claim in the originating process is a liquidated

default of
demand and a defendant or any of the defendants fail to
appearance in a
case of liquidated appear, a claimant may apply to the Court for judgement
demand on the claim in the originating process or such lesser sum
and interest as the Court may order.

Judgment for 4. Where the claim in the originating process is a liquidated

default of demand and there are several defendants of whom one or
appearance of
several defendants more appear to the process and another or others fail to
appear, a claimant may apply to the Court 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.

Default judgment 5. Where the claim in the originating process is for pecuniary
in pecuniary damages, or for detention of goods with or without a claim
damages
for pecuniary damages, and the defendant or any of the
defendants fail to appear, a claimant may apply to the
Court for judgment. The value of the goods and the
damages or the damages only as the case may be shall be
ascertained in such manner and subject to the filing of such

27
 particulars as the Court may direct before judgment for
that part of the claim.

6. Where the claim in the originating process is as provided in Default judgment

rule 5 of this Order and there are several defendants, in pecuniary
damages for several
judgement may be entered against the defendant in default defendants
of appearance. The value of the goods and the damages
only as the case may be shall be ascertained in such manner
and subject to filing such particulars as the Court may
direct before judgment for that part of the claim.

7. Where the claim in the originating process is for pecuniary

damages or for detention of goods with or without a claim Default judgment
in pecuniary
for pecuniary damages and includes a liquidated demand damages/
and any of the defendants fail to appear, a claimant may liquidated demand
apply to the Court for judgment. The value of the goods
and the damages, or damages only as the case may be shall
be ascertained in such manner and subject to the filing of
such particulars as the Court may direct before judgment in
respect of that part of the claim.

8. If an appearance is not entered within the time prescribed

Recovery of land in
in the originating process in a claim for recovery or if
default appearance
appearance is entered but the defence is limited to part
only, a claimant may apply to the Court 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.

9. Where in an originating process for recovery of land a Mesne profit

claimant claims mesne profits, arrears of rent, damages for
breach of contract or wrong or injury to the premises, he
may apply for judgment as in rule 8 of this order for the
land, and may proceed to prove the other claims.

10. In any case to which rules 3 - 8 of this order do not apply Judgment for costs
and the defendant or any of the defendants fails to appear, upon payments

but by reason of payment, satisfaction, abatement of

28
 nuisance, or any other reason, it is unnecessary for a
claimant to proceed, he may apply to the Court for
judgment for costs; but such application shall be filed and
served in the manner in which service of the originating
process was effected or in such manner as the Court shall
direct.

Setting aside 11. Where judgment is entered under any of the preceding
judgment
rules of this order, the Court may on an application by the
defendant set aside or vary such judgment on terms. The
application shall be made within a reasonable time,
showing evidence of payment of penalty, a good defence to
the claim and a reasonable cause for the default.

Default of 12. In all claims not specifically provided for under this order,
appearance in where the party served with the originating process does
actions not
specifically
not appear within the time prescribed, a claimant may
provided for 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
I. Parties Generally

1. All persons may be joined in one action as claimants in

Joint or several
claims whom any right to relief is alleged to exist whether jointly
or severally and judgment may be given for such
claimant(s) as they may be found to be entitled to, without
any amendment.

Action in the name

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

29
3. Where in commencing an action any person has been Misjoinder &
counter- claimant
wrongly or improperly included as a claimant and a
defendant has set up a counterclaim or set-off, such
defendant may establish his set-off or counterclaim as
against the parties other than a claimant so included,
notwithstanding the inclusion of such claimant or any
proceeding based on it

4. Any person may be joined as defendant against whom the Joinder of

defendant(s)
right to any relief is alleged to exist, whether jointly,
severally or in the alternative. 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.

5. Where an action has been instituted against a wrong Misjoinder of

defendant or where the name of a defendant has been defendant(s)

incorrectly stated, the Court may upon application order a

substitution or addition of any person as defendant or
correction of any such name on any term as may be just.

6. (1) It shall not be necessary for every defendant to be Defendant need not
be interested in all
interested in the relief sought in every cause of action the reliefs
included in any proceeding against him.
(2) The Court upon considering the defence filed by any
defendant, may on application by that defendant make
such order as may appear just, to prevent him from being
embarrassed, put to expense, attend or defend any
proceedings in which he may have no interest.

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

8. Where a claimant is in doubt as to the person from whom Doubt as to the

he is entitled to redress, he may, in accordance with this person from whom
Rules, or as may be prescribed by any special order, join relief is sought

30
 two or more defendants, so 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 unknown 9. Where in land matters a claimant is unable to identify the

person against who he claims, he may subject to the Rules
of this Court describe such a person as a “person
unknown”.

Substitution of 10. Any party sued as a “person unknown” may by leave of

person unknown Court apply for the substitution of his name as a defendant.

Person under 11. Persons under legal disability may sue or defend by their
disability
guardians or a guardian appointed for that purpose.

Authority letter for 12. Where the name of any person is to be used in any action as
guardianship
guardian of a person under legal disability or other party or
as relation, a written authority for that purpose signed by
that person shall be filed with the process.

Trustees, executors 13. (1) Trustees, executors and administrators may sue and be
and administrators
sued on behalf of or as representing the property or estate
of which they are trustees or representatives, without
joining any of the persons beneficially interested in the
trust or estate, and shall be considered as representing such
person.
(2) The Court may, at any stage of the proceedings order
any of such persons to be made parties in addition to or in
lieu of the previously existing parties.
(3) This rule shall apply to trustees, executors and
administrators in proceedings to enforce a security by
foreclosure or otherwise.

14. (1) Where there are numerous persons having the same
Parties in interest in one suit, one or more of such persons may sue or
representative
capacity be sued on behalf of or for the benefit of all persons so
interested.
(2) Where there are numerous persons having the same

31
 interest in one suit and they seek to defend the action, the
Court may allow one or more of such persons to defend the
action on behalf or for the benefit of all persons so
interested.

15. (1) Where in any proceedings concerning; Representation of

(a) The administration of estate; or persons or classes
(b) Property subject to a trust; or
(c) Land devolved under other interest as family or
community property; or
(d) The construction of any written instrument,
including a statute; or
(e) Torts or any other class action the Court is
satisfied that;
(i) The person, the class or some members of the
class interested cannot be ascertained or readily be
ascertained;
(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
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 Court may make the
appointment. The decision of the Court in the
proceedings shall be binding on the person or class
of person so represented.
(2) Notice of appointment made by the Court under this
rule and all processes filed in Court shall be served on a
person(s) so appointed and published in a National
newspaper.
(3) If in any proceedings mentioned in sub-rule 1 of this
rule, several persons having the same interest in relation to
the matter to be determined attend the hearing by separate
legal practitioners, then unless the Court considers that the
circumstances justify separate representation, not more
than one set of costs of the hearing shall be allowed to these
persons, and the judgment or order shall be made
accordingly.

32
Power to approve 16. Where in any proceedings mentioned in sub-rule (1) of rule
compromise 13 of this order, 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:

(i) There are some other persons having the same

interest before the Court who assent to the
compromise or on whose behalf the Court sanctions
the compromise, or
(ii) The absent persons are represented by a person
under Rule 13 of this order who so assents; the Court
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 such compromise shall
be binding on the absent persons, and they shall be
bound accordingly, except where the order has been
obtained by fraud or non-disclosure of material
facts.

17. (1) If in any proceedings it appears to the Court that any

Where there is no
personal
deceased person who was interested in the proceedings
representative for a has no legal representative, the Court may proceed in the
deceased absence of any person representing the estate of the
deceased person, or may appoint some person to represent
his estate for the purpose of the proceeding, on such notice
to such persons (if any) as the Court may deem fit, either
specifically or generally by public advertisement. The
order so made and any order consequent thereon shall
bind the estate of the deceased person in the same manner
in every respect as if a duly constituted legal representative
of the deceased had been a party to the proceedings.
(2) Where a party in a proceedings dies and the cause of
action survives but the person entitled to proceed fails to
proceed, the Court may on the application of the legal
practitioner of either party order any person to take the
place of the deceased and proceed with the suit.

33
 (3) In default of such application or where the person
substituted fails to proceed, judgment may be entered for
the defendant or as the case may be for the person against
whom the proceedings might have been continued.

18. (1) No proceedings shall be defeated by reason of Proceedings not

misjoinder or nonjoinder of parties, and the Court may deal defeated by
misjoinder or
with the matter in controversy so far as regards the rights nonjoinder
and interest of the parties actually before him.
(2) The Court may at any stage of the proceedings, either
upon or without the application of either party, and on
such terms as may appear to the Court to be just, order that
the names of any parties improperly joined be struck out.
(3) The Court may order that the names of any party who
ought to have been joined or whose presence before the
Court is necessary to effectually and completely adjudicate
upon and settle the questions involved in the proceedings
be added.
(4) No person under legal disability shall be added as a
claimant suing without a guardian and no person shall be
added as the guardian of a claimant under legal disability
without his own consent in writing.
(5) Every party whose name is added as defendant shall be
served with the originating processes or notice in the
manner prescribed in this Rules or in such manner as may
be prescribed by the Court and the proceedings against
such person shall be deemed to have begun on the service
of such originating processes or notice.

19. (1) Any application to add or strike out or substitute or Application to add
vary the name of a claimant or defendant may be made to or strike out
a party by motion
the Court 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 as the case may be, all the
exhibits intended to be used and the depositions of all the
witnesses; Except where the application is to substitute a
deceased party with another person in which case the

34
 application may not be accompanied by such documents
specified above.

20. Where a defendant is added or substituted the originating

Amendment of
processes process shall be amended accordingly and the claimant
shall unless otherwise ordered by the Court file an
amended originating process and cause the new defendant
to be served in the same manner as the original defendant.

Joining of third 21. (1) Where it appears to the Court that any person not a
parties by any of party in the proceedings may bear eventual liability either
the parties
in whole or in part, the Court may upon an ex-parte
application allow that person to be joined as a Third Party
by any of the defendants. The application shall state the
grounds for the applicant's belief that such third party may
bear eventual liability.
(2) The order and existing processes shall be served on the
third party within the time prescribed for delivering the
defence.

Appearance by 22. Where a party is joined to any proceeding as a third party

third party he may after service enter appearance within 8 days and
not later than 35 days if he resides or carries on business
outside jurisdiction or within such further time as the
Court may order.

Default by third 23. If a third party duly served with the order and all processes
party
does not enter an appearance or defaults in filing any
pleading, he shall be deemed to admit the validity of and
shall be bound by any judgment given in the action
whether by consent or otherwise.

24. Party joined as a third party in any proceedings may join

Subsequent third
party any other party in the same manner as he was joined and
the expression "third party" shall apply to and include
every person so joined.

35
II. Actions against firms and persons carrying on business
in names other than their own.

25. Any two or more persons claiming or alleged to be liable as Action by and
partners and doing business within the jurisdiction may against firms

sue or be sued in the name of the firms, if any, of which they

were partners when the cause of action arose and any party
to an action may in such case apply to the Court for a
statement of the names and addresses of the persons who
were partners in the firm when the cause of action arose, to
be furnished in such manner, and verified on oath or
otherwise as the Court may direct.

26. (1) When an originating process is issued by partners in the Disclosure of

name of their firm, the claimants or their legal practitioners partners names
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 practitioners fail to
comply with such demand, all proceedings in the action
may, upon an application for that purpose, be stayed upon
such terms as the Court may direct.
(3) Where the names of the partners are so 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.

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

36
Application of rules 28. The above rules in this Part shall apply to proceedings
to actions between
co-partners between a firm and one or more of its partners and between
firms having one or more partners in common, provided
such firm or firms carry on business within the jurisdiction.

Person trading as 29. Any person carrying on business within the jurisdiction in
firm
a name or style other than his own name may be sued in
such name or style as if it were a firm name, and, so far as
the nature of the case will permit, all rules relating to
proceedings against firms shall apply.

III. Change of parties by death or otherwise.

Actions not abated 30. No proceedings shall abate by reason of death or

where cause of
action survives
bankruptcy of any of the parties, if the cause of action
survives and shall not become defective by the assignment,
creation or devolution of any estate or title pendente lite
and, whether the cause of action survives or not, there shall
be no abatement by reason of the death of either party
between the finding on issues of fact and judgment, but
judgment may in such case be entered notwithstanding the
death.

Order to carry on 31. (1) Where by reason of death or bankruptcy, or any other
proceedings event occurring after the commencement of a proceeding
and causing a change or transmission of interest or liability,
or by reason of 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 such new party or parties may be obtained ex
parte upon an allegation of such change, or transmission of
interest or liability, or of any such person interested having
come into existence.
(2) An order obtained under this rule shall be served upon
the continuing party or parties, or their legal practitioner

37
 and upon such 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 shall where applicable enter an appearance
within the same time and in the same manner as if he had
been served with the originating process, and shall be
served with the originating and all processes.
(4) Any party served under this rule who was not already a
party to the proceedings shall file his pleadings and other
documents as if he had been an original party to the
proceedings.

32. In case of an assignment, creation or devolution of any Assignment

creation or
estate or title pendente lite, the cause or matter may be devolution of estate
continued by or against the person to or upon whom such or title
estate or title has inured or devolved.

33. Where any person who is under no legal disability or being Application to
discharge order by
under any legal disability but having a guardian in the persons under
proceedings is served with an order under Rule 30, such disability having a
guardian
person may apply to the Court within 14 days from the
service of the order to discharge or vary such order.

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

IV. Legal Practitioners or Agents

35. Where by these rules any act may be done by any party in Acts by legal
any proceedings, such act may be done either by the party practitioner or
in person, or by his legal practitioner, or by his agent agent

(unless an agent is expressly barred under these rules).

38
 ORDER 14
Joinder of Causes of Action

1. Subject to the provisions of these Rules, the claimant may

Joinder of causes of
action join in the same action several causes of action; but if it
appears that they cannot be conveniently tried or disposed
of together the Court may order separate trials of such
causes of action or may make such order as may be
necessary or expedient for their separate disposal.

Recovery of land 2. (1) An action for recovery of land may be joined with an
action for declaration of title, mesne profit, arrears of rent
or damages for breach of any contract under which the land
or any part of it is held, or for any wrong or injury to the
premises.
Foreclosure or (2) An action for foreclosure or redemption may be joined
redemption 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 on the mortgage or
charge on such land.

3. Claims by or against an executor or administrator as such

Claims by executor
or administrator may be joined with claims by or against him personally if
such claims are alleged to arise with reference to the estate
over which the claimant or defendant sues or is sued as
executor or administrator.

4. Claims by joint claimants may be joined with claims by

Claims by
claimants them or any of them separately against the same
defendant.

ORDER 15
Pleadings

1. (1) A statement of claim shall include the relief or remedy to

Filing of pleadings which a claimant claims to be entitled.
(2) A defendant shall file his statement of defence, set-off or
counterclaim, if any not later than 21 days after service on

39
 him of the originating process and accompanying
documents. A counterclaim shall have the same effect as a
cross action, so as to allow the Court deliver a final
judgment in the same proceedings. A set-off must be
specifically pleaded.
(3) A claimant shall within 14 days of service of the
statement of defence and counterclaim if any file his reply
and defence if any to such defence or counterclaim.
Where a defendant sets up a counterclaim, if a claimant or
any other person named as a party to such counter claim
contends that the claim raised ought not to be disposed of
by way of counterclaim, but in a separate proceedings, the
Court may at any time make such order as it deems fit.

2. (1) Every pleading shall contain, a statement in a summary Pleadings to state

material facts and
form of the material facts on which the party pleading not evidence
relies for his claim or defence, as the case may be, but not
the evidence by which they are to be proved and shall, 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.

3. (1) In all cases in which the party pleading relies on any Particulars to be
misrepresentation, fraud, breach of trust, wilful default, or given when
necessary
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 if the claimant alleges
that the words or matter complained of were used in a
defamatory sense other than their ordinary meaning, he
shall give particulars of the facts and matters on which he
relies in support of his allegation.

4. An application for a further and better statement of the Further and better
nature of the claim or defence, or further and better statement of
particulars
particulars of any matter stated in any pleading requiring

40
 particulars shall be made to the Court at any time before the
close of pleadings. The Court may grant such application
upon such terms as it deems fit.

5. (1) Every allegation of fact in any pleadings if not

Pleadings not
specifically denied specifically denied in the pleadings of the opposing 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 6. Each party shall specify in his pleadings any condition

precedent
precedent, the performance or occurrence of which is
intended to be contested.

Grounds of defence 7. (1) All grounds of defence or reply which makes an action
to be specifically unmaintainable or if not raised will take the opposing
pleaded
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 such matters as 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 it.
Pleadings to be
consistent 8. No pleading shall raise any new ground of claim or contain
any allegation of fact inconsistent with the previous
pleadings of the party.

Joinder of issues 9 A party may by his pleadings join issues upon the
pleadings of the opposing party and such joinder of issues
shall operate as a denial of every material allegation of fact
in the pleading upon which issue is joined except any fact
which the party may be willing to admit.

Effect of documents 10. Wherever the contents of any document are material it
to be stated
shall be sufficient in any pleading to state its effect as briefly

41
 as possible, without setting out the whole or any part,
unless the precise words of the document or any part are
material.

11. Wherever it is material to allege notice to any person of any Notice

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

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

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

14. In every case in which the cause of action is a stated or Stated or settled
settled account it shall be alleged with particulars but in account
every case in which a statement of account is relied on by
way of evidence or admission of any other cause of action
which is pleaded, it shall not be alleged in the pleadings.

15. No technical objection shall be raised to any pleadings on Technical objection

the ground of any alleged want of form.

16. (1) Wherever it is material to allege malice, fraudulent Malice, knowledge

or other conditions
intention, knowledge or other condition of the mind of any of mind
person, it shall be sufficient to allege the condition of mind

42
 as a fact without setting out the circumstances from which
it 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 from which such malice is to be inferred.
(3) Where in an action for libel or slander the defendant
alleges that the words complained of consist of statement
of fact, they are true in substance and in fact, and where
they consist of expressions of opinion, they are fair
comment on a matter of public interest, or pleads to the like
effect, he shall give particulars stating which of the facts
and matters he relies on in support of the allegation that the
words are true.

Grounds for 17. (1) The Court may at any stage of the proceedings order to
striking-out be struck out or amended any pleading or the endorsement
pleadings
of any writ in the action or anything in any pleading or in
the endorsement, on the ground that:

(a) It discloses no reasonable cause of action or

defence as the case may be; or
(b) It is scandalous, frivolous, or vexatious; or
(c) It may prejudice, embarrass or delay the fair trial
of the action; or
(d) It is an abuse of the process of Court;
(e) The Court may order the action to be stayed or
dismissed or judgement to be entered
accordingly as the case may be.
(2) No evidence shall be admissible on application
under paragraph (1) (a).
(3) This rule shall, so far as applicable, apply to an
originating summons and a petition as if the summons or
petition, as the case may be, were a pleading.
(4) No proceedings shall be open to objection on the ground

43
 that only a declaratory judgement or order is sought and
the Court may make binding declaration of right whether
any consequential relief is claimed or not.

18. (1) Where a pleading subsequent to reply is not ordered, Close of pleadings
then, at the expiration of 7 days from the service of the
defence or reply (if a reply has been filed) pleadings shall be
deemed closed.
(2) Where a pleading subsequent to reply is ordered, and
the party who has been ordered or given leave to file fails to
do so within the period limited for that purpose, then, at
the expiration of the period so limited the pleadings shall
be deemed closed.
(3) 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 such counterclaim shall at
the expiration of 14 days from the service or of such time (if
any) as may by order be allowed for filing of a defence be
deemed to be admitted, but the Court may at any
subsequent time give leave to the claimant to file a defence
to counterclaim.

ORDER 16
Statement of Claim

1. (1) Every statement of claim, defence or counter claim shall Statement

state specifically the relief claimed or sought in the
alternative, and it shall not be necessary to ask for general
or other relief, which may be given as the Court may deem
fit.
(2) Where the claimant seeks relief in respect of several
distinct claims or causes of complaint based upon separate
and distinct grounds, they shall, as far as the case may be,
separately and distinctly be stated. The same rule shall
apply where the defendant relies upon several distinct
grounds of defence, set-off or counterclaim based upon
separate and distinct facts.

44
endorsement on 2. Whenever a statement of claim is filed, the claimant may
writ
alter, modify or extend his claim without any amendment
of the endorsement on the writ. The claimant may not
completely change his cause of action endorsed on the writ
without amending the writ.

ORDER 17
Statement of Defence and Counterclaim

Statement of 1. The statement of defence shall be a statement in summary

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

Evasive denial 2. When a party in any pleadings denies an allegation of fact

in the pleadings of the opposing party, he shall not be
evasive, but answer the point of substance.
If an allegation is made with diverse circumstances, it shall
not be sufficient to deny it in those circumstances.

Denials generally 3. (1) In an action for debt or liquidated money demand, 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 such 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, contract, delivery, and 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,
such as the drawing, making, endorsing, accepting,
presenting or notice of dishonour of the bill or note.

Persons in 4. If either party wishes to deny the right of any other party to
representative
capacity
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 it specifically.

45
5. No denial or defence shall be necessary as to damages Denial to damages
claimed
claimed or their amount; they are deemed to be in issue in
all cases, unless expressly admitted.

6. Where any defendant seeks to rely upon any ground as

supporting a right of set-off or counter claim, he shall in his Set off and counter-
claim
defence state specifically that he does so by way of
supporting a right of set off or counterclaim.

7. Where the defendant by his defence sets up any counter

claim which raises questions between himself and the Title of counter-
claim
claimant along with any other persons, he shall add to the
title of his defence a further title similar to the title in a
statement of claim, stating the names of all persons who, if
such counterclaim were to be enforced by cross action
would be defendants to the cross action, and shall deliver
his defence to as many of them as are parties to the action
within the period required to deliver it to the claimant.

8. Where any person stated in Rule 7 of this Order is not a

Claim against
party to the action he shall be summoned to appear by persons not party
being served with a copy of the defence and counterclaim,
and such service shall be regulated by the same rules as
Civil form 13
those governing the service of the originating process.
Every defence and counter claim so served shall be
endorsed in Form 13 with such modifications or variations
as circumstances may require.

9. Any person not already a party to the action, who is served Appearance by
with a defence and counterclaim, must appear as if he had added parties
been served with an originating process to appear in an
action.

10. Any person not already a party to the action, who is named Defence to
in a defence as party to a counterclaim, shall deliver a counterclaim
defence in a mode and manner prescribed under this order
and the provisions of the order shall apply to such a person.

46
Discontinuance of 11. If, in any case in which the defendant sets up a
the claimant's
claim counterclaim, the action of the claimant is stayed,
discontinued or dismissed, the counterclaim may
nevertheless be proceeded with.

Judgment for 12. Where in an action, a set off or counterclaim is established

balance in
counterclaim
as a defence against the claimant's claim, the Court may, if
the balance is in favour of the defendant, give judgment for
the defendant for such balance, or may otherwise adjudge
to the defendant such relief as he may be entitled to upon
the merits of the case.

Ground of defence 13. (1) Any ground of defence which arises after the action has
after action is filed been filed, but before the defendant has delivered his
defence, and before the time limited for doing so has
expired, may be raised by the defendant in his defence,
either alone or together with other grounds of defence.
(2) If after a defence has been delivered along with a set-off
or counterclaim and any basis for answer or ground of
defence arises to any such 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 with any
other ground of reply or defence to counterclaim.

Further defence or 14. Where any ground of defence arises after the defendant has
reply
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 such ground of
defence has arisen or at any subsequent time by leave of the
Court deliver a further defence or further reply, as the case
may be.

Concession to 15. Whenever any defendant in his defence or in any further

defence
defence under Rule 14 of this order alleges any ground of
Civil Form 14 defence which has arisen after the commencement of the
action, the claimant may concede to such defence (which

47
 concession may be as in form 14 with such modification as
circumstances may require) and may obtain judgment up
to the time of the pleading of such defence, unless the Court
either before or after the delivery of such concession
otherwise orders.

16. A respondent to an originating summons shall file a Exhibits to

counter affidavit with all the exhibits he intends to rely response to
originating
upon and a written address within 21 days after service of summons
the originating summons.

ORDER 18
Reply

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

2. Where a counterclaim is pleaded, a defence to the Reply to counter-

counterclaim shall be included in the reply and shall be claim
subject to the rules applicable to defence.

ORDER 19
Admissions

1. Any party to a proceeding may give notice by his pleadings Notice of admission
or otherwise in writing, that he admits the truth of the of facts
whole or any part of the case.

2. (1) Either party may by notice in writing file and serve, not Notice to admit
documents
later than 7 days before the day fixed for hearing, require
any other party to admit any document or facts mentioned
in the notice and the party so served shall not later than 4
days after service give notice of admission or non-
admission of document or facts mentioned in the notice,
failing which he shall be deemed to have admitted it unless
the Court otherwise orders.

48
 (2) Where a party decides to challenge the authenticity of
any document, he shall not later than 7 days of service of
that document give notice that he does not admit the
document and requires it to be proved at the trial.
(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 five thousand naira,
shall be paid by the party who has challenged it, unless at
the trial or hearing the Court shall certify that there were
reasonable grounds for not admitting the authenticity of
the document.
Notice to admit
facts 3. The Court may, on application, at any other stage of the
proceedings where admissions of facts have been made,
either on the pleadings or otherwise enter judgment as
upon such admissions as a party may be entitled to,
without waiting for the determination of any other
question between the parties.

Cost of notice 4. Where a notice to admit or produce comprises documents

where documents
are not necessary that are not necessary, the cost occasioned thereby which
shall not be less than N5,000 (five thousand naira) shall be
borne by the party giving such notice.

ORDER 20
Default of pleadings

Claims for 1. If the claim is only for a debt or liquidated demand, and the
liquidated demand defendant does not within the time allowed for the
purpose, file a defence, the claimant may, at the expiration
of such time, apply for final judgment for the amount
claimed with costs.

Default of one or 2. Where in any such action as in Rule 1 of this Order there are
several defendants several defendants, if one of them makes default, the
for final judgment
claimant may apply for final judgment against the
defendant(s) making default and issue execution upon

49
 such judgment without prejudice to his right to proceed
with his action against the other defendants.

3. If the claim is for pecuniary damages or for detention of Damages and

goods with or without a claim for pecuniary damages, and detention of goods
the defendant or all the defendants, if more than one, make
default as mentioned in Rule 1 of this order, the claimant
may apply to the Court for interlocutory judgment against
the defendant(s) and the value of the goods and the
damages, or the damages only as the case may be, shall be
ascertained in any way which the Court may order.

4. Where in any such action as in Rule 3 of this Order there are Default of one or
more defendants for
several defendants, if one or more of them make default as interlocutory
mentioned in Rule 1 of this Order, the claimant may apply judgment
to the Court for interlocutory judgment against the
defendant(s) so making default and proceed with his
action against the others. In such case the value and
amount of damages against the defendant(s) making
default shall be assessed at the trial of the action or issues
therein against the other defendants, unless the Court shall
otherwise order.

5. Where the claim is for debt or liquidated demand and also Debt or damages
and detention of
for pecuniary damages or for detention of goods with or goods or damages
without a claim for pecuniary damages and includes a
liquidated demand and any defendant makes default as
mentioned in Rule 1 of this Order, the claimant may apply
to the Court for final judgment for the debt or liquidated
demand, and may also apply for interlocutory judgment
for the value of the goods and damages, or the damages
only as the case may be, and proceed as mentioned in Rules
3 and 4.

6. In an action for the recovery of land, if the defendant makes Recovery of land

default 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
costs.

50
Claims for mesne 7. Where the claimant has endorsed a claim for mesne profits
profit, arrears or
damages or arrears of rent in respect of the premises claimed, or any
part of them, or damages for breach of contract, wrong or
injury to the premises claimed upon a writ for recovery of
land, if the defendant makes default as mentioned in
Rule1of this Order, or if there be more than one defendant
and one or more of the defendants make such 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
8. (1) If the claimant's claim is for a debt or liquidated
filed to part of demand or for pecuniary damages only, or for detention of
claim only goods with or without a claim for pecuniary damages, or
for any such matters, or for 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, as
the case may be, for the part unanswered. 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;
(2) Where there is a counterclaim, execution on any such
judgment as above mentioned in respect of the claimant's
claim shall not issue without leave of the Court.

Defendant in 9. In all actions other than those in the preceding rules of this
default in cases not
mentioned above
Order, if the defendant makes default in filing a defence,
the claimant may apply to the Court for judgment, and
such judgment shall be given upon the statement of claim
as the Court shall consider the claimant to be entitled to.

10. Where in any such action as provided in Rule 9 of this

One of several
defendants in Order, there are several defendants, if one of such
default defendants makes such default, the claimant may apply for
judgment against the defendant, and proceed against the
other defendants.

51
11. In any case in which issues arise in a proceeding other than Default of third
party
between claimant and defendant, if any party to any such
issue makes default in filling any pleadings, the opposing
party may apply to the Court for judgment, if any, on the
pleadings he may appear to be entitled to, and the Court
may order judgment to be entered accordingly or may
make such other order as may be necessary to do justice
between the parties.

12. Any judgment by default under this Order may be set aside Setting aside
default judgment
upon application made within 14 days of the date of the
judgment and upon such terms as the Court may deem fit.

ORDER 21
Payment into and out of Court

1. (1) Where after service in any proceedings for debt or Payment into and
damages, a defendant intends to pay money into Court in out of Court
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 a commercial bank and
he shall file the teller for such payment with the Chief
Registrar.
(2) Where a teller for payment is filed with the Chief
Registrar, he shall give notice of the payment to the
claimant who may apply to the Court 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 Chief 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 causes of action, the notice shall specify the
cause(s) of action for which payment is made and the sum
paid for each such cause of action unless the Court

52
 otherwise directs.
(6) The notice shall be as in Form 16 with such
Civil Form 16
modifications or variations as circumstances may require.
The claimant shall acknowledge in writing within 3 days
the receipt of the notice. The notice may be modified,
withdrawn or delivered in an amended form by leave of
the Court on such terms as may be just.
(7) Where money is paid into Court with denial of liability,
the amount paid shall be applied so far as is necessary in
satisfaction of the claim, and the balance, if any, shall on the
order of the Court be repaid to the defendant. Where the
defendant succeeds on the claim, the whole amount paid
into Court shall be repaid to him on the order of the Court.

2. (1) Where money is paid into Court under Rule1, the

Acceptance of the
paid money by claimant within 14 days of the receipt of the notice of
claimant payment into Court, or where more than one payment into
the Court has been made within 14 days of the receipt of the
notice of the last payment, accept the whole sum or any one
Civil Form 17 or more of the specific sum in satisfaction of the cause(s) of
action to which the specified sum(s) relate by giving notice
to the defendant as in Form 17 with such modifications or
variations as circumstances may require. The claimant
shall be entitled to receive payment of the accepted sum(s)
in satisfaction of the claim.
(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(s) of action (as the case may be) shall abate.
(3) If the claimant accepts money paid into Court in
satisfaction of his claim, or if he accepts a sum(s) paid in
respect of one or more specified cause(s) of action, and
gives notice that he abandons the other causes of action, he
may after 4 days of payment and unless the Court
otherwise orders, 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

53
 accepts money paid into Court, either party may apply by
summons to the Court for leave to make a statement in
open Court in terms approved by the Court.

3. If the whole money in Court is not taken out under Rule 2, Money remaining
the money remaining in Court shall not be paid out except in Court

in satisfaction of the claim or specified cause(s) of action for

which it was paid under an order of the Court which may
be made at any time before, at or after trial.

4. (1) Money may be paid into Court under rule 1 of this order Several defendants

by one or more of several defendants sued jointly or in the

alternative upon notice to the defendant(s).
(2) If the claimant within 14 days after receipt of notice of
payment into Court elects to accept the sums paid into Civil Form 18
Court, he shall give notice as in Form 18 with such
modifications or variations as circumstances may require
to each defendant and all further proceedings in the action
or on the specified cause(s) of action (as the case may be)
shall abate.
(3) The money shall not be paid out except under an order
of the Court dealing with the whole cause(s) of action.
(4) In an action for libel or slander against several
defendants sued jointly, if any defendant pays money into
Court, the claimant may within 14 days elect to accept the Civil Form 18
money 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 18 with such modifications or
variations as circumstance may require. The claimant may
tax his costs against the defendant who has made such
payment in accordance with Rule 2 (3) of this order and the
action shall abate against that defendant.
(5) The claimant may continue with the action against any
other defendant but the money 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.

54
Money by a 5. A person made a defendant to a counterclaim may pay
defendant to
counterclaim money into Court in accordance with the foregoing rules,
with necessary modification.

Persons under legal 6. (1) In any proceeding in which money or damages is or are
disability claimed by or on behalf of a person under legal disability
suing either alone or in conjunction with other parties, no
settlement, compromise, payment or acceptance of money
paid into Court, whether before, at or after the trial, shall as
regards the claims of any such person be valid without the
approval of the Court.
(2) No money (which expression for the purposes of this
rule includes damages) in any way recovered, adjudged,
ordered, awarded or agreed to be paid in any such
proceedings on the claims of any such person under legal
disability whether by judgement, settlement, compromise,
payment into Court or otherwise, before, at or after the
trial, shall be paid to the claimant, his guardian or his legal
practitioner unless the Court shall so direct.
Payment into and
(3) All monies so recovered, adjudged, ordered, awarded
withdrawal of or agreed to be paid shall be dealt with, as the Court shall
money from Court direct. The directions given may include any general or
special directions that the Court may deem fit to give,
including directions on how the money is to be applied or
dealt with and as to any payment to be made either directly
or out of money paid into Court to the claimant or his
guardian for money paid or expenses incurred, for
maintenance or otherwise for, on behalf of, for the benefit
of the person under legal disability, or otherwise to the
claimant's legal practitioner for costs or of the difference
between party and party and legal practitioner and client
costs.

Application by 7. Every application on notice for payment into or transfer

motion on notice out of Court shall be made on notice.

55
 ORDER 22
Proceedings in Lieu of Demurrer

1. No demurrer shall be allowed. Demurrer abolished

2. (1) Any party may by his pleadings raise any point of law Points of law may
and the Court may dispose of the point so raised before, at be raised by
pleading
or after the trial.
(2) Where in the opinion of a Court or judge, the decision on
the point of law substantially disposes of the whole action
or of any distinct cause of action, ground of defence, set-off,
counter-claim, or reply in part, the Court may then dismiss Striking out of
pleadings
the action or make such other orders as may be just.
(3) A Court or judge may order any pleadings to be struck
out on the ground that it discloses no reasonable cause of
action or answer, and where a pleadings is shown to be
frivolous or vexatious, the Court or a judge may order the
action to be stayed or dismissed, or judgement to be
entered accordingly.

ORDER 23
Withdrawal or Discontinuance

1. (1) The claimant may, by notice duly filed and served, at Claimant may
discontinue before
any time before receipt of the defence, wholly or in part, defence
withdraw or discontinue his claim or any proceedings,
against all or any of the defendants.
(2) Where a defence has been filed, the clamant may with
Discontinuance
the leave of the Court discontinue the proceedings or any after filing defence
part thereof on such terms and conditions including orders
as the Court may deem fit.
Compliance with
(3) Where proceedings have been struck out upon a terms of
claimant's withdrawal or discontinuance under this Order, discontinuance
no subsequent claim shall be filed by him on the same or
substantially the same facts until the terms imposed on him
by the Court have been fully complied with. Withdrawal or
(4) The Court may in the same manner and discretion as to striking-out of
defence

56
 terms, upon the application of a defendant order the whole
or any part of his alleged grounds of defence or
counterclaim to be withdrawn or struck out.

Withdrawal by
2. When a cause is ready for trial, it may be withdrawn by
consent of parties either claimant or the defendant upon producing to the
Registrar a consent in writing signed by the parties and
thereupon the Court shall strike out the matter without the
attendance of the parties or their legal practitioner.

3. Where a suit is withdrawn or discontinued after the party

When to dismiss a
suit withdrawing has called evidence, the suit shall be liable to
be dismissed.

ORDER 24
Amendment
Number of
Amendment 1. Except with the special leave of Court, no party shall be
required permitted to amend his processes more than twice before
judgment.

Mode of application 2. Application to amend shall be supported by an affidavit

exhibiting the amendment with the proposed amended
paragraphs of the pleadings duly highlighted. The
amendment may be allowed upon such terms as to costs or
otherwise as may be just; provided that the Court may
permit the amendment of clerical errors upon oral
application.

Accompanying 3. Where any originating process or a pleading is to be

documents for
amendment amended a list of any additional witness to be called with
his written statement and a copy of any document to be
relied upon on such amendment shall be filed with the
application.

Penalty for default

of amendment
4. If a party who has obtained an order to amend does not do
so within the time limited for that purpose, or if no time is

57
 limited, then within 7 days from the date of the order, such
party shall pay an additional fee of N100 (One hundred
naira) for each day of default.

5. Whenever any originating process or pleading is amended, Filing of amended

processes
a copy of the amended document shall be filed in the
Registry and copies served on all the parties to the action.

6. Whenever any endorsement or pleadings is amended, it Marking of

shall be marked in the following manner: amendment

"Amended…………… day of …………… pursuant to

Order of (name of Judge) dated the…………. day
of…………. "

7. The Court may at any time correct clerical mistakes in Correction of

clerical mistakes
judgments or orders, or errors arising from any accidental and accidental
slip or omission upon an application, without an appeal omissions
being filed.

8. Subject to the provision of Rule 1 of this order, the Court General power to
may at any time and on such terms as to cost or otherwise as amend

may be just, amend any defect or error in any proceedings.

ORDER 25
Application for Account and Inquiries

1. Where in an originating process a claimant seeks an Application for

account under Order 6 Rule 5 or where the claim involves accounts

taking an account, if the defendant either fails to appear, or

after appearance fails to satisfy the Court that there is a
preliminary question to be tried, the Court shall, on
application make an order for the proper accounts, with all
necessary inquiries and directions.

2. An application for account shall be supported by an Mode of application

affidavit filed on a claimant's behalf, stating concisely the

58
 grounds of his claim to an account. The application may be
made at any time after the time prescribed for defence.

Order for an 3. Where an order is made for account under this order, the
account, Civil account may be taken by the Court or a referee appointed
Form 19
by the Court.

4. (1) Where an account has been ordered to be taken, the

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

Notice for 5. Any party who seeks to charge an accounting party with an
erroneous account amount beyond that which he has by his account admitted
to have received or who alleges that any item in his account
is erroneous in respect of amount or any other respect shall
give him notice thereof stating, so far as he is able, the
amount sought to be charged with brief particulars thereof
or to back as the case may be, the grounds for alleging that
the item is erroneous.

Allowances 6. In taking any account directed by any judgment or order,

all just allowance shall be made without any direction to
that effect.

Consequences of 7. (1) If it appears to the Court that there is undue delay in the
delay in prosecution of any account or inquiry, or in any other
prosecution of proceedings under any judgment or order, the Court may
account
require the party having the conduct of the proceedings or
any other party to explain the delay and may then make
such order for staying the proceedings or expediting them

59
 or for the conduct thereof and for costs as the circumstances
require.
(2) The Court may direct any person or legal practitioner to
take over the conduct of proceeding in question and to
carry-out any directive made by an order under this rule
and may make such orders as it deems fit as to the payment
of legal practitioner's costs.

8. Where some of the persons entitled to share in a fund are Distribution of

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

ORDER 26
Interpleader
The grant of
1. Relief by way of Interpleader may be granted where the interpleader
person seeking relief (the applicant) is under liability for
any debt, money, goods, or chattels, for or on which he is, or
expects to be sued by two or more parties (the claimants)
making adverse claims. But where the applicant is a sheriff
or other officer charged with the execution of process by or
under the authority of the High Court, the provisions of
Section 34 of the Sheriffs and Civil process Act and the rules
made under it shall apply.

2. The applicant must satisfy the judge by affidavit or The requirement

otherwise that he: for grant
(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.

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The adverse title of 3. The applicant shall not be disentitled to relief by reason
claimant
only that the titles of the claimants have no common origin,
but are adverse to and independent of one another.

Application by a 4. Where the applicant is a defendant, application for relief

defendant
may be made at any time after service of the originating
process.

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

Stay of proceedings 6. If the application is made by a defendant in an action the

Court may stay all further proceedings in the action.

Order of Court 7. If the claimants appear in pursuance of the summons, the

upon summons
Court 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
applicants is to be claimant or defendant.

Questions of Law 8. Where the question is a question of law and the facts are not
in dispute, the Court may either decide the questions
without directing the trial of an issue or order that a special
case be stated for the opinion of the Court.
Default of
appearance by
9. If a claimant, having been duly served with a summons
claimant calling on him to appear and maintain or relinquish his
claim, does not appear in pursuance of the summons or
having appeared, neglects or refuses to comply with any
order made after his appearance, the Court may make an
order declaring him and all persons claiming under him,
for ever barred against the applicant and persons claiming
under him but the order shall not affect the rights of the
claimants as between themselves.

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10. The Court may, in or for the purposes of any interpleader Costs

proceedings, make all such orders as to costs and all

other matters as may be just.

ORDER 27
Reference to Referees and Accounts

1. In any legal proceeding the Court may at any time order the Matter ordered by
Court to referee
whole cause or matter or any question or issue of fact
arising, to be tried before an official referee or officer of the
Court, notwithstanding that it may appear that there is a
special or other relief sought or some special issue to be
tried, as to which it may be proper that the cause or matter
should proceed in the ordinary manner.

2. In any case in which a matter is referred to a referee the Instructions to

Referee
Court shall furnish the referee with such part of the
proceedings and such information and detailed
instructions as may appear necessary for his guidance, and
shall direct the parties if necessary to attend upon the
referee during the inquiry.

3. The referee may, subject to the order of the Court, hold the The general powers
inquiry at or adjourn it to any place which he may deem of referee
most expedient, and have any inspection or view for the
disposal of the controversy before him. He shall, so far as
practicable, proceed with the inquiry from day to day.

4. (1) Subject to any order made by the Court ordering the Evidence before a
referee
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 Court in the same
manner as such attendance may be enforced before the
Court; and every such inquiry shall be conducted in the
same manner or as nearly as circumstances will admit as
trials before a Court.
(2) The referee shall have the same authority in the conduct

62
 of any inquiry as a judge when presiding at any trial.
(3) 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 Court may, in respect of
matters before a referee, make such order of attachment or
commitment as he may consider necessary.

Reports of referees 5. (1) The report made by a referee under a reference order
under a reference to shall be made to the Court and notice served on the parties
the Court
to the reference.
(2) A referee may by his report submit any question arising
for the decision of the Court or make a special statement of
fact from which the Court may draw such inferences as it
deems fit.
(3) On the receipt of a referee's report, the Court may:
(a) Adopt the report in whole or part;
(b) Vary the report;
(c) Require an explanation from him;
(d) Remit the whole or any part of the question or
issue originally referred to him for further
consideration by him or any other referee;
(e) Decide the question or issue originally referred
to him on the evidence taken before him, with or
without additional evidence.
(4) When the report of the referee has been made, an
application to vary the report or remit the whole or any part
of the question or issue originally referred may be made at
the hearing by the Court for further consideration of the
cause or matter, after giving not less than 4 days notice and
any other application based on the report may be made at
the hearing.
(5) Where on a reference under this Order the Court orders
that the further consideration of the cause or matter in
question shall be 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
provision of this rule shall have effect subject to any such
directions.

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6. The Court may order or direct an account to be taken or by Taking of account

any subsequent order give special directions with regard to

the mode in which the account is to be taken or vouched
and in particular may direct that in taking the account, the
books of account in which the accounts in questions have
been kept shall be taken as prima facie evidence of the truth
of their contents, with liberty to the interested parties to
object.

7. Where any account is directed to be taken, the accounting Verification of

party shall make out his account and verify it by affidavit. account
The items on each side of the account shall be numbered
consecutively, and the account shall be attached to the
affidavit as an exhibit and filed in the registry.

8. The Court may, upon the taking of any account direct that Mode of vouching
the voucher be produced at the chambers of the accounting accounts

party's legal practitioner or at any other convenient place

and that only such items as may be contested or surcharged
shall be brought before the Court.

9. Any party seeking to charge any accounting party beyond Surcharge

what he has by his account admitted to have received shall
give notice to him, stating so far as he is able, the amount
sought to be charged with particulars.

10. Where by any judgment or order any account is directed to Accounts and
be taken or inquiries to be made, each such direction shall enquiry to be
numbered
be numbered so that as far as may be, each distinct account
and inquiry may be designated by a number and such
judgment or order shall be in Form 24 with such Civil Form 24

modification or variations as the circumstances may

require.

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

64
Expediting 12. If it appears to the Court that there is any undue delay in the
proceedings in case
of undue delay prosecution of any proceedings, the Court may require the
party having the conduct of the proceedings or any other
party, to explain the delay and may make such order with
regard to expediting the proceedings, the conduct, or the
stay and as to the costs of the proceedings as the
circumstances of the case may require; and for these
purposes any party may be directed to summon the
persons whose attendance is required, and to conduct any
proceeding and carry out any directions which may be
given.

ORDER 28
Settlement Out of Court/ Alternative Dispute Resolution

Out of Court 1. In the course of proceedings, the judge may grant the
settlement parties time within which they may explore possibilities
for settlement of dispute.

Judge to encourage 2. It shall be the duty of a Court or a judge to encourage

ADR
settlement of matters by any applicable method of
Alternative Dispute Resolution (ADR).
Consent cases to be
referred to AMDC 3. (1) Where parties consent to settlement of disputes, the
by enrolment order, Court or judge shall by an enrolled order as in Form 15,
Civil Form 15 refer the case to the AMDC for resolution within 21 days
except otherwise ordered by the Court.
Time within which (2) Where a Court makes a referral, the Court or judge shall
to report settlement
by an enrolled order as in Form 15 refer the case to the
AMDC for resolution within 14 days except otherwise
ordered by the Court.
Penalty for refusal (3) Where a party refuses to submit to ADR and loses the
case in Court, he shall pay a penalty as may be determined
by the Court.

4. (1) Where a case is deemed suitable for ADR under Order 2

ADR directives
and sanctions
Rule 7 or has by directives been referred to ADR under
Rule (2)(2) above, the judge may consider and give

65
 appropriate directives to parties on the filing of statement
of case and other necessary issues.
(a) The claimant shall file his statement of case
within fourteen (14) days of the Order of the
judge.
(b) The defendant shall file his response within
fourteen (14) days of service of the claimant's
statement of claim.
(2) The parties shall file a notice of compliance with Rule
3(1) above to the judge within twenty (20) days of giving
the Order.
(3) Failure to comply with filing the notice of compliance
within time shall attract a sum of two hundred (N200) naira
fine per day.
(4) A party applying for an extension of time to comply
with Rule 3(1) above, shall upon filing such application
attach thereto evidence of payment.

5. The Court in making any order as to cost during or after a Cost

trial shall consider any directive made under this Order
and the disposition of the parties thereto.

6. Where parties are unable to complete the settlement Extension of time

process within the time specified in the order, the referring to report settlement
judge may extend the order whenever he considers it
expedient having regard to the facts and circumstances of
the case.

7. The referring judge shall proceed to entertain a case where Where settlement
parties report that the settlement has broken down or it has broken down
cannot be resolved through the ADR mechanism.

8. (1) The Court or judge shall, on the application of parties Enrolment of terms
of settlement as
enrol the terms of settlement reached at the AMDC as consent judgment
consent judgement, such terms shall thereupon have the
same force and effect as judgement.
(2) Parties in a “walk in” ADR process may apply to an
ADR judge by a Motion on Notice for an order to enroll the

66
 decision or terms of settlement at the AMDC as a consent
judgement.

Designation of 9. The Chief Judge may by order under his hand and seal
ADR Judges appoint and designate judges as ADR judges who shall
have jurisdiction to handle sessions and other ADR related
matters.

Settlement Week
10. The Chief Judge may designate a week(s) during the course
of the legal year for the resolution of disputes at the Multi-
Door Courthouse. This week(s) shall be known as
Settlement Week and the proceedings of the week shall be
as directed by the Chief Judge in a Practice Direction.

Sifter Committee to 11. The Chief Judge may set up a Sifter Committee to identify
identify ADR cases cases that may be effectively resolved during the
settlement week or any time he deems fit.

ORDER 29
Cause/ Counsel List

A – Cause List

Daily cause List for 1. The Registrar shall keep a daily cause list of all actions fixed
hearing
for hearing which shall form part of the record of the Court.

Content &
arrangement of
2. The Registrar shall post a daily Cause List containing the
cause list suit number, names of parties and shall set out the
arrangement of causes before a judge sitting in Court.

Endorsement on 3. On any day when the Court does not sit, a minute
case file
recording the parties present and the step taken by the
Registrar, shall be endorsed on the case file.

Posting of cause 4. Daily Cause List and other such lists shall be posted on one
list
or more notice boards set up in such place or places within
the Court premises as the Chief Judge may designate.

67
 B – Counsel List

5. The Registrar shall keep a daily counsel list of all counsel

Daily counsel list
appearing in causes fixed for the day which shall form part
of the record of the Court.

6. The Counsel List shall contain names and contact phone The content of
numbers of counsel appearing in the causes fixed for the counsel list
day.

ORDER 30
Motions and other Applications
Applications by
1. (1) Whereby in this Rules any application is authorised to motion
be made to the Court, it shall be made by motion which
may be supported by affidavit and shall state the rule of
Court or enactment under which the application is
brought.
Service of motion
(2) Every application shall be accompanied by a written
address.
(3) Where the other party intends to oppose the
application, he shall within 7 days of the service on him of
such application, file his written address and may
accompany it with a counter affidavit.
(4) The applicant may within 5 days of being served with
the written address of the opposing party file and serve an
address in reply on points of law with an affidavit.

2. No motion or application for an Order nisi or order to show

Restriction on
cause shall be made in any action except where application motion
ex-parte is required or permitted under any enactment or
rules.

3. (1) No application for an injunction shall be made ex-parte Ex-parte

application for an
unless the applicant files with it a motion on notice of the injunction
application.
(2) An order of injunction made upon application ex-parte

68
 shall abate after 7 days unless extended for a further
period, as the Court may consider imperative, upon
application ex-parte before the abatement of the Order.

Application in 4. The Court may deal with non-contentious applications in

chambers chambers with or without the appearance of counsel and
may deem the written addresses as having been adopted.

Motion relating to
5. (1) Subject to the provisions of Arbitration Proceedings
arbitral award
Rules made pursuant to the Arbitration and Mediation Act,
every motion on notice to set aside, remit or enforce an
arbitral award shall state the grounds of the application.
(2) The party relying on an award, on applying for its
enforcement, shall provide:
(a) The duly authenticated original award or a
certified copy;
(b) The original arbitration agreement or a certified
copy
Enforcement of an (3) An award made by an arbitrator or a settlement reached
award
at the Abuja Multi-Door Courthouse or at any lawfully
recognised ADR institution may by leave of the Court be
enforced in the same manner as a judgment or order of
Court.
(4) An application to set aside or remit an award may be
made within 3 months after such award was published.

Special leave 6. Unless the Court grants special leave to the contrary, there
must be at least 2 clear days between the service of motion
on notice and the day for hearing.

Where notice is not 7. If on the hearing of a motion or other application the Court
given shall be of the opinion that any person to whom notice has
not been given ought to have had such notice, the Court
may either strike out the motion or application or adjourn
the hearing in order that such notice may be given upon
such terms, if any, as the Court may deem it fit to impose.

8. The hearing of any motion or application may from time to

69
 time be adjourned upon such terms, as the Court shall Adjournment of
hearing of motion
deem fit. An application for adjournment at the request of a
party shall not be made more than two times.
Service of motion
9. The claimant may file any application along with an with originating
originating process and may serve both on any defendant process
simultaneously.

10. Where the relationship of legal practitioner and client Account by legal
practitioner
exists or has existed, a summons may be issued by the client
or his representative for the delivery of a cash account, the
payment of moneys or the delivery of securities, and a
judge may from time to time 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. In the event
of the respondent alleging that he has a claim for costs, the
Court may make such provision for the taxation and the
payment or security or the protection of the respondent's
lien (if any) as he may deem fit.

11. If during the taxation of any bill of costs or the taking of any Interim certificate
account between legal practitioner and client, it appears to
the taxing officer that there must be any event moneys due
from the legal practitioner to the client, the taxing officer
may from time to time make an interim certificate as to the
amount so payable by the legal practitioner. Upon the
filling of such certificate, the Court may order the moneys
so certified to be forthwith paid to the client or brought into
Court.

ORDER 31
Affidavits

1. Upon any motion, petition, summons or any other Affidavit evidence

application, evidence may be given by affidavit, but the

70
 Court may, suo motu or on application, order the
attendance for cross-examination of the deponent and
where, the order has been made and the person in question
does not attend, his affidavit shall not be used as evidence
except by special leave.

Title of affidavit 2. Every affidavit shall bear the title in the cause or matter in
which it is sworn but in every case in which there is more
than one claimant or defendant, it shall be sufficient to state
the full name of the first claimant or defendant respectively
and that there are other claimants or defendants as the case
may be.

Use of defective 3. The Court may receive any affidavit sworn for the purpose
affidavit of being used in any cause or matter, notwithstanding any
defect in description of parties or otherwise in the title or
jurat, or any other irregularity in form, and may direct an
endorsement to be made on the document that it has been
so received.

Leave to file 4. Where time is limited for filing affidavits, no affidavit

affidavit out of time
filed after the time shall be used, unless by leave of the
Court.

Leave to enforce ex- 5. Unless by leave of the Court, no order made ex-parte in
parte order on Court founded on any affidavit shall be of any force unless
affidavit
the affidavit on which the application was based was made
before the order was applied for, or filed at the time of
making the application.

Notice of intention 6. The party intending to use any affidavit in support of any
to use affidavit
application made by him shall give notice to the other
parties.
Alterations in
accounts to be 7. Every alteration in any account verified by affidavit shall
initialed be marked with the initials of the commissioner before
whom the affidavit is sworn and such alterations shall not
be made by erasure.

71
8. Accounts, extracts from registers, particulars of creditors' Documents referred
as Exhibits
debt, and other documents referred to by affidavit, shall
not be annexed to the affidavit or referred to as annexed,
but referred to as exhibits.

9. Every certificate on an exhibit referred to in an affidavit Certificate of

exhibit
signed by the commissioner before whom the affidavit is
sworn shall be marked with the short title of the cause or
matter.

ORDER 32
Application for Preservative Orders

1. (1) Whereby in any contract a prima facie case of liability is

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

2. When an application is made before trial for an injunction Early trial of cause
or other order and at any time before or during the hearing,
it appears to the Court that the matter in controversy in the
cause or matter is one which can be most conveniently
dealt with by an early trial, without first going into the
merits on affidavit or other evidence for the purpose of the
application, it shall make an order for such trial and such
other order as the justice of the case may require.

3. The Court may on the application of any party make any Order for sale of
order for the sale of any goods, wares or merchandise perishable goods

which may be of a perishable nature, or likely to injure from

keeping, or which for any other just and sufficient reason

72
 may be desirable to sell at once by any person or persons
named in such order in the manner and terms as the Court
may deem desirable.

Detention, 4. (1) The Court may upon the application of any party to an
preservation or
inspection of
action or matter and upon such terms as may be just:
property (a) Make any order for the detention,
preservation or inspection of any property or
thing, being the subject of such action or
matter or as to which any question may arise
therein and for all or any of the purposes.
(b) Authorize any person to enter upon or
into any land or building in the possession of
any party to such action or matter, and for all
or any of the purposes aforesaid.
(c) Authorize 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.
(2) 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 pleadings have been
delivered in the action or matter) it appears that inspection
was requested in writing by the application and was not
given, then, unless the Court is satisfied that the
respondent did not unreasonably fail or refuse to permit
the inspection, the Court shall order the costs to be paid by
the respondent in any event and except where the
respondent is a "Poor Person", shall order the cost to be
paid.
(3) The judge by whom any action or matter may be heard
Inspection by Judge
or tried, may inspect any property or thing concerning
which any question may arise.

Sale of property in 5. (1) Where any property is in possession of the Court before
possession of Court or after judgment and it has remained so for a period of 12
months, the Court may upon application on notice by any

73
 of the parties make an order for the sale of that property
and the proceeds to be paid into an interest yielding
account in a commercial bank directed by the Court for the
benefit of the person that succeeds at the trial or on appeal.
(2) The money paid after disposal of any goods or chattel
shall be withdrawn from the bank by the successful party
who shall present to the Chief Registrar a certified true
copy of the enrolment of the judgment.

6. Where an action or counterclaim is filed to recover specific Recovery of

property and the party from whom such recovery is sought property other than
does not dispute title but claims to retain the property by land subject to lien
virtue of a lien or otherwise as security for any sum of
money, the Court 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 on which the lien or security is claimed and such
further sum, if any, for interest and costs as the Court may
direct and that upon such payment into Court being made,
the property claimed be given up to the party claiming it.

7. Where any real or personal estate or property forms the Allowance of

subject of any proceedings and the Court is satisfied that it income of property
will be more than sufficient to answer all the claims which pendent lite
ought to be provided for in such proceedings, the Court
may at any time after the commencement of the
proceedings allow the parties interested or any one 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 , up to such time as the Court
shall direct.

8. In any action or matter in which an injunction has been or Injunction against

repetition of
might have been claimed, the claimant may, before or after wrongful act for
judgment, apply for an injunction to restrain the defendant breach of contract
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

74
 or right or arising out of the same contract and the Court
may grant the injunction upon or without terms as may be
just.

Appointment of a 9. In every case in which an application is made for the

receiver by way of
equitable execution
appointment of a receiver by way of equitable execution,
the Court in determining whether such appointment is just
or convenient shall have regards to:
(a) The amount of the debt claimed by the applicant.
(b) The amount which may probably be obtained by
the receiver and to the probable costs of his
appointment and may if it deems fit, direct any
inquiries on these or other matters before making
the appointment.

Receiver's security 10. (1) Where an order is made directing a receiver to be

and remuneration
appointed, the person to be appointed shall unless
otherwise ordered -
(a) Give security, as may be approved by the judge
to duly account for what he shall receive as such
receiver, and to pay the same as the judge shall
direct and
(b) Be allowed a proper salary or allowance.
Civil forms 38 & (2) The security shall be –
39
(a) By guarantee or by undertaking as in Forms 38
and 39 with such variation as circumstances may
require.
(b) Filed in the registry and form part of the record of
proceedings until it has been duly vacated.

Adjournment for 11. Where an order or judgment has been granted appointing a
the receiver to give
security person as a receiver in the course of any proceedings, the
Court may adjourn the proceedings to allow the person
named in the order as receiver to give security as provided
under Rule 10 of this Order and may direct such judgment
or order to be drawn up.

12. (1) When a receiver is appointed with a direction that he

75
 shall pass accounts, the Court shall fix the days upon which Days for receiver to
pass accounts
he shall (quarterly or at shorter periods) leave and pass
such accounts.
(2) The days upon which he shall pay the balances Days to pay
balance
appearing due on the accounts so left, or such part of them
as shall be certified as proper to be paid by him.
(3) Any such receiver who neglects to leave and pass his
Penalty for failure
accounts and pay the balances at the time fixed for the to pass account or
purpose, the Court may from time to time when his pay balance
subsequent accounts are produced to be examined and
passed, disallow the salary claimed by such receiver and
may also charge him with interest at a rate not exceeding
25% per annum upon the balances so neglected to be paid
by him during the time it appears to have remained in his
custody.
Form of receivers'
13. Receivers' accounts shall be as in Form 40 with such accounts
variations as circumstances may require. Civil Form 40

14. (1) Every receiver shall deliver to the Registrar his account, Leaving account at
together with an affidavit verifying the same as in Form 41 the Registry

with such variations as circumstances may require.

(2) An appointment shall be obtained by the claimant or Civil Form 41
person having the conduct of the action for the purpose of
passing such account.

15. (1) Where any receiver fails to leave any account, affidavit, Consequences of
pass such account, or make any payment or otherwise, the default by receiver
receiver or the parties or any of them, may be required to
show cause why such account passed or such payment was
made or any other proper proceedings taken.
(2) The judge shall after the parties or the receiver has
shown cause, give such directions as may be proper,
including the discharge of a receiver or appointment of
another receiver and payment of costs.

16. The accounts of guardians shall be passed and verified in Passing of

guardian's
the same manner as provided in this Order for receiver's accounts
accounts.

76
 ORDER 33
Security for an Absconding Defendant

Application 1. If in any action the defendant is about to leave Nigeria the

against defendant
claimant may, either at the institution of the suit or at any
leaving Nigeria
time until final judgment, apply by ex-parte motion to the
Court for an order on the defendant to show cause why
security should not be taken for his appearance to answer
and satisfy any judgment that may be passed against him
in the suit.

Summons to 2. If the Court after making such inquiry as he may consider

appear
necessary is of the opinion that there is probable cause for
believing that the defendant is about to leave Nigeria and
that by reason, the execution of any judgment which may
be made against him is likely to be obstructed or delayed,
the Court shall issue a summons for the defendant to
appear on a date specified, to show cause why he should
not give good and sufficient security for his appearance.

Security for 3. If the defendant fails to show cause, the Court shall order
appearance
him to give security for his appearance at any time when
called upon while the suit is pending and until execution or
satisfaction of any judgment that may be passed against
him in the suit or to give security for the satisfaction of such
judgment and the surety or sureties shall undertake in
default of such appearance or satisfaction to pay any sum
of money that may be adjudged against the defendant in
the suit with cost.

4. (1) Where a defendant offers to deposit a sum of money in

Deposit in lieu of
security
lieu of security for his appearance, sufficient to answer the
claim against him with costs of the suit, the Court may
accept such deposit and direct that the deposit be paid into
an interest yielding account in a bank.
(2) Where a defendant offers security other than money in
lieu of security for his appearance, sufficient to answer the
claim against him, the Court may accept such security and

77
 make such order as he may deem fit in the circumstance.

5. (1) If the defendant fails to furnish security or offer a Committal in

sufficient deposit, the Court may commit him into custody default of deposit of
until the decision of the suit or if judgment has been given security
against the defendant until the execution of the judgment.
(2) Under this Rule committal to custody shall not exceed a
period of 6 months.
(3) The Court may at any time upon reasonable cause being
shown and upon such terms as to security or otherwise as
may seem just, release the defendant.

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

ORDER 34
The Undefended List

1. (1) Where an application in Form 1, as in the Appendix is Application for

made to issue a writ of summons in respect of a claim to undefended list
recover a debt or liquidated money demand, supported by
an affidavit stating the grounds on which the claim is
based, and stating that in the deponent's belief there is no
defence to it, the judge in chambers, may enter the suit for
hearing in what shall be called the “Undefended List”.
(2) The judge in chambers, upon examining the claimant's
claim as endorsed on the writ being satisfied that the claim
is not fit to be tried as an undefended suit, shall direct that
the matter be transferred to the general Cause List for trial.
(3) A writ of summons for a suit in the undefended list shall Content of the writ
contain the return date of the writ.

78
Copies of 2. A claimant shall deliver to the Registrar on the issue of the
documents to be
served writ of summons, as many copies of the supporting
affidavit, as there are parties against whom relief is sought,
for service.

Notice of intention 3. (1) Where a party served with the writ delivers to the
to defend
Registrar within twenty-one (21) 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, on the return date, may give him leave to
defend upon such terms as the Court may deem just.
(2) Where leave to defend is given under this Rule, the
action shall be removed from the Undefended List and
placed on the general Cause List; and the Court may order
pleadings, or proceed to hearing without further
pleadings.

Judgment in 4. Where a defendant neglects to deliver the notice of defence

undefended suit and an affidavit prescribed by Rule 3(1) or is not given
leave to defend by the Court the suit shall be heard as an
undefended suit and judgment given accordingly.

Oral 5. A Court may call for hearing or require oral evidence

Evidence where it feels compelled at any stage of the proceedings
under Rule 4.

ORDER 35
Summary Judgment

Application for
1. Where a claimant believes that there is no defence to his
summary judgment claim, he shall file with his originating process the
statement of claim, the documents to be relied upon, the
depositions of his witnesses and an application for
summary judgment supported by an affidavit stating the
grounds for his belief and a written address in support of
the application.

79
2. A claimant shall deliver to the Registrar as many copies of Copies of process
for service
the processes and documents referred to in Rule 1 of this
Order for the use of the Court and service on the
defendant(s).

3. Service of processes and documents referred to in Rule 1 Service

of this Order shall be effected in the manner provided
under Order 9.

4. Where a party served with the processes and documents Intention to defend
referred to in Rule 1 of this Order intends to defend the suit the suit
he shall, not later than the time prescribed for defence, file:
(a) His statement of defence;
(b) Depositions of his witnesses;
(c) The documents to be used in his defence;
(d) Counter affidavit; and
(e) A written address in reply to the application for
summary judgment.

5. (1) Where it appears to the Court that a defendant has a Leave to defend
good defence and ought to be permitted to defend the
claim he may be granted leave to defend.
Judgment
(2) Where it appears to the Court that the defendant has no
good defence the Court may enter judgment for a claimant.
(3) Where it appears to the Court that the defendant has a Judgment in part
and leave to
good defence to part of the claim, the Court may enter defend
judgment for that part of the claim and grant leave to
defend that part to which there is a defence.

6. Where there are several defendants and it appears to the

Several defendants
Court that any of the defendants has a good defence and
ought to be permitted to defend the claim and other
defendants have no good defence and ought not to be
permitted to defend the former may be permitted to defend
and the Court shall enter judgment against the latter.

80
 ORDER 36
Summary proceedings for possession of landed
Property occupied by squatters or without the owner's
consent.

Application of this 1. (1) This order shall not apply where the person in
Order
occupation of land is:

(a) A tenant; or
(b) A tenant holding over after termination of his
tenancy; or
(c) A licensee of the owner or person entitled to
possession; or
(d) A person who had the consent of the
predecessor in title of the person who is
entitled to possession.

Proceedings by (2) Where a person claims possession of land which he

originating alleges is occupied solely by a person not listed in sub-rule
summons
1 above, proceedings may be brought by originating
summons in accordance with the provisions of this Order.
No
acknowledgment of
service is required 2. The originating summons shall be as in Form 42 and no
Form 42 acknowledgement of service shall be required.

Affidavit in 3. The claimant shall file in support of the originating

support summons an affidavit stating;
(a) His interest in the land supported by
documentary evidence;
(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 4. (1) Where any person in occupation of the land is named in

the originating summons, the summons together with a

81
 copy of the affidavit and accompanying documents in
support shall be served on him:

(a) Personally or in accordance with Order 9 Rule 1

sub-rule 2; or
(b) By leaving a copy of the processes at the
premises; or
(c) In such other manner as the Court may direct.

(2) The summons shall, in addition to being served on the

named defendants, if any, in accordance with sub-rule 1 of
this rule be served, unless the Court otherwise directs by
affixing a copy of the processes to the main door or other
conspicuous part of the premises.

(3) Every copy of an originating summons for service

under sub-rule 1 or 2 of this rule shall be sealed with the
seal of the Court from which the summons was issued.

5. Without prejudice to rule 16 of order 13, any person not Application by

occupier to be made
named as a defendant who is in occupation of the land and
a party
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.

6. (1) An order for possession in proceedings under this order Order for
possession
shall be as in Form 43 with such variations as circumstances Civil Form 43
may require.
(2) The Court may forthwith order a writ of possession to
issue.
(3) Nothing in this Order shall prevent the Court 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 commenced by
writ.

Writ of possession
7. (1) No writ of possession to enforce an order for possession
under this order shall be issued after the expiration of 3

82
 months from the date of the order without the leave of the
Court.
(2) The application for leave may be made ex parte unless
the Court otherwise directs.

Setting aside of 8. (1) The Court may, on such terms as it deems fit, set aside or
order vary any order made in proceedings under this Order
(2) In this order "landed property" means land with or
without building.

ORDER 37
Transfers and Consolidation

I - Transfers

Power of transfer 1. (1) The Chief Judge may, in exercise of powers conferred on
by the Chief Judge
him under any enactment, order the transfer of any action
or matter from a lower Court to the High Court.
(2) Upon receipt of the order, the Registrar of the lower
Court shall immediately transmit the file to the High Court.

Payment of filing 2. (1) On receipt of the case file, the Registrar shall notify the
fees party who applied for the transfer or where the transfer
was not made on the application of any party, the claimant,
to attend at the registry and pay the fees for filing the
documents. Such payments shall be without prejudice to
the question of how the costs shall ultimately be borne.
(2) Such notification shall be effected by serving a notice
personally on the party concerned, or where an address for
service has been given by such party, at that address.

3. (1) Upon payment of the prescribed fees, the Registrar shall

within 7 days:

(a) File the documents received from the lower

Court;

83
 (b) Make an entry of the filing in the Cause Book;
and
(c) Transmit the document to the Chief Judge or any
other Judge appointed by the Chief Judge.
(2) The Registrar shall then give notice to the parties to Duties of Registrar
attend in person or by counsel before a named Judge on the
day and at the time specified in the notice. 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 of this Order.
4. (1) The Chief Judge or such other Judge appointed by him Direction for
shall, not later than 14 days after receiving the documents hearing
referred to in Rule 3 of this order:
(a) Hear the parties or their legal practitioners;
(b) Take cognizance of the documents; and;
(c) Give directions for the trial or hearing of the
action or matter.
(2) Directions given under this Rule may include directions
for the filing and service of pleadings.

5. (1) If the claimant fails to attend in compliance with a notice Default of

attendance
given under sub-rule 2 of Rule 3 of this order, the Court
shall record his default and may, suo motu or on
application, dismiss the action or matter. Upon an
application by a defendant to dismiss the action or matter
the Court may either dismiss the action or matter or make
such other orders on such terms as he deems just.
(2) If a defendant fails to attend in compliance with a notice
given under sub-rule 2 of Rule 3, the claimant may apply to
enter judgment with costs or obtain the order prayed for in
the transferred proceedings against that defendant(s).

6. In the preceding rules of this Order, the references to the Construction in

claimant and the defendant shall in relation to proceedings relation to parties
commenced otherwise than by writ, be construed as
references to the applicant and the respondent.

84
 II - Consolidation

Consolidation of 7. (1) The Court may on application consolidate several

actions
actions pending before it 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 the Court before whom
one or more of the matters are pending.
(3)(1) An Order to consolidate may be made where two or
more actions are pending between:

(a) The same claimant and the same defendant;

(b) The same claimant and different defendants;
© Different claimants and the same defendant, or
(d) Different claimants and different defendants;

(2) Where the claimant brings action 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, it shall
be drawn up at the expense of the party or parties who
applied for consolidation and shall be recorded in the
Cause Book.

ORDER 38
Trial Proceedings

1. Upon completion of pleadings, the trial Judge shall set a

Date for hearing
date for hearing and the Registrar shall cause hearing
notices to be issued to all parties in the suit.
Default of
appearance by
2. Where a cause on a daily cause list has been called for
parties hearing and neither party appears, the Court may unless he
sees good reason to the contrary, strike the cause out.

85
3. Where a cause is called for hearing, if the claimant appears Default of
appearance by
and the defendant does not appear, the claimant may defendant
prove his claim, so far as the burden of proof lies upon him.

4. Where a cause is called for hearing, if the defendant Default of

appears and the claimant does not appear, the defendant if appearance by
claimant
he has no counter claim shall be entitled to judgment
striking out the action but if he has a counterclaim, then he
may prove such counterclaim so far as the burden of proof
lies upon him.

Re-listing of a case
5. (1) Where a cause is struck out under Rule 2 of this order
either party may apply that the cause be relisted on such
terms as the Court may deem fit.
(2) A judgment obtained where any party does not appear
at the trial may be set aside by the Court upon such terms as
it deems fit.
(3) A party may file an application to relist a cause struck-
out or apply to set aside an order or judgment within six
day after the order or judgment was delivered or such
longer period the Court may direct.

6. The Court may, if it thinks expedient in the interest of adjournment

justice, postpone or adjourn a trial for such time and upon
such terms, if any.

7. The Registrar or other officer present at any trial or hearing Note by the
Registrar
shall make a note of the time of commencement and
termination of the trial and the duration on each day it goes
on, for communication to the taxing officer, if required.

8. The order of proceedings at the trial of a cause shall be as Order of

provided in the following rules. proceedings

9. The party on whom the burden of proof lies, by the nature Documentary
evidence by parties
of the issues or questions between the parties, shall begin
documentary evidence.

86
Nature of 10. Documentary evidence shall be put in and may be read or
documentary
evidence taken as read by consent.

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

Close of case of 12. (1) A party shall close his case when he has concluded his
parties
evidence. The claimant or defendant may make an oral
application to have the case closed.
(2) Notwithstanding the provisions of sub-rule 1 above, the
Court may suo-motu where he considers that either party
fails to conclude his case within a reasonable time, close the
case for the party.

Custody of exhibit 13. (1) The Registrar shall take charge of every document or
during trial
object put in as an exhibit during the trial of an action and
shall mark or label every exhibit with a letter or letters
indicating the party by whom the exhibit is put in (or where
more convenient the witness by whom the exhibit is
proved) and with a number, so that all the exhibits put in by
a party (or proved by a witness) are numbered in one
consecutive series.
(2) The Registrar shall cause a list of all the exhibits in the
action to be made.
(3) The list of exhibits when completed shall form part of
the records of the action.
(4) For the purpose of this rule a bundle of documents may
be treated and counted as one exhibit.
(5) In this rule a witness by whom an exhibit is proved
includes a witness in the course of whose evidence the
exhibit is put in.

Written address by 14. When the party beginning has concluded his evidence, the
party beginning Court shall ascertain whether the other party intends to call

87
 evidence. Where the other party declines to call evidence,
the party beginning, shall, within 15 days after close of
evidence file a written address. Upon being served with the
written address, the other party shall within 15 days file a
final written address.

Written address
15. Where the other party calls evidence he shall within 21 where the other
days after the close of evidence file a written address. party calls evidence

Written address of
16. Upon being served with other party's written address the party beginning
party beginning shall within 21 days file his own written
address.

17. The party who files the first final written address shall have Reply on points of
law
a right of reply on points of law only. The reply shall be
filed within 7 days after service of the other party's final
written address.

18. (1) An exhibit shall not be released after the trial to the party Release of exhibit(s
who has put it in unless the period during which notice of
appeal may be given has elapsed without such notice
having been given, and then only if the trial judge (or in his
absence another judge) grants leave to release such exhibit
on being satisfied:

(a) That the exhibit will be kept duly marked and

labelled and will be produced, if required, at the
hearing of an appeal (if any such appeal is
lodged), or
(b) That the release of the exhibit will not in any way
prejudice any other party.

(2) After a notice of appeal has been filed, an exhibit

produced at the trial shall not be released by the
High Court unless leave to release such exhibit is
granted by the Court of Appeal.

19. (1) where a document is tendered as an exhibit and is Rejected exhibits

88
 rejected by the Court, it shall be marked “Rejected”, and
shall be retained together with the accepted exhibits.
(2) All rejected exhibits shall be transmitted to the Appeal
Court in the event that a case where it is tendered goes on
appeal.

List of exhibits 20. (1) Any party may apply for and on payment of the
prescribed fee obtain an office copy of the list of exhibits.
(2) Where there is an appeal an office copy of the list of
exhibits shall be included amongst the documents
supplied for the purpose of the appeal.

Non-diligent 21. The Court may, suo motu or on application strike out any
prosecution proceedings not being prosecuted diligently.

Questions in cross- 22. A judge may in all cases disallow any question put in cross
examination
examination which appears to him to be vexatious and not
relevant to any matter to be inquired into in the action.

ORDER 39
Filing of Written Address

1. This order shall apply to all applications and final

Application
addresses.
Format for written
address
2. (i) A written address shall be printed on white A4 size
paper, in Times New Roman font size 14, set out in
paragraphs, numbered serially, in 1.5 spacing 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(s) 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

89
 incorporating the purpose of the authorities
referred to with full citation of each authority.
(ii) A written address shall not exceed thirty (30) pages.
Where an address exceeds the required number of pages,
the Court shall discountenance the address. Provided that
in action where a counter-claim is included, a final address
shall not exceed thirty-five (35) pages.
(iii) A reply on points of law shall not exceed ten (10) pages.
(iv) Upon request, a soft copy of the address shall be
provided to the Court.

3. A list of all authorities referred to shall be submitted with Summation of

written address
the written address. Where any unreported judgment is
relied upon the certified true copy thereof shall be
submitted along with the written address.

4. Oral argument of not more than twenty minutes may be Oral argument
allowed for each party to emphasize and clarify the written
address already filed.
Adoption of written
5. Where a party is absent on the date fixed for adoption, he address
shall be deemed to have adopted his written address.

6. Each party shall file two copies of his written address in Copies of written
Court and serve a copy on every party. address & service

ORDER 40
Evidence Generally

1. (1) Subject to these rules and to any enactment relating to Proof of facts
evidence, any fact required to be proved at the trial of any
action shall be proved by written deposition and oral
examination of witnesses in open Court.
Certified copies of
(2) Certified true copies of documents may be tendered documents
from the bar or by the party and or his witness where he is
not represented by a legal practitioner. Tendering of real
(3) The oral examination of a witness during his evidence in evidence

90
 chief shall be limited to adopting his written statement and
tendering in evidence all documents referred to in his
statement.
(4) Real evidence shall be tendered during the trial.

Particular facts 2. (1) The Court may, before or at the trial of an action, order
or direct that evidence of any particular fact be given in
such manner as may be specified by the order or direction.
(2) The power conferred by sub-rule 1 of this rule extends in
particular to ordering or directing that evidence of any
particular fact be given at the trial in any of the following
ways:

(a) By statement on oath of information or belief;

(b) By the production of documents or entries in
books;
(c) By electronically generated evidence;
(d) By copies of documents or entries in book; 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.

Limitation of 3. The Court may, before or at the trial of an action order or

medical and expert direct that the number of medical or expert witnesses who
evidence
may be called be limited as specified by the order or
direction.

Filing of 4. Unless the Court for special reasons orders otherwise or

documentary directs at trial, all documents, plans, photographs or
evidence with
pleadings models to be tendered in evidence shall be filed along with
the pleadings of the parties under these Rules.

Revocation and 5. Any order or direction under this order may, on sufficient
variation of order cause being shown, be revoked or varied by a subsequent
order or direction of the Court made or given before or at
the trial.

91
6. Where an order is made for the issue of a request to Examination of
witnesses abroad
examine 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:

(a) The party obtaining such order shall file in the Civil Form 21
registry an undertaking as in form 21 which may be
necessary to meet the circumstances of the
particular case;
(b) The undertaking shall be accompanied by-

(i) A request as in Form 21, with such Civil Form 21

modifications or variations as may be
directed in the order for its issue, with
translation in the language of the country
in which it is to be executed (if not
English);
(ii) A copy of the interrogatories (if any) to
accompany the request(s), with a
translation, if necessary;
(iii) A copy of the cross-interrogatories (if
any) with a translation, if necessary.

7. Where an order is made for the examination of a witness or Form for

witnesses before the Nigerian Diplomatic Agent in any examination of
witnesses abroad
foreign country with which a Convention in that behalf has
been made, the order shall be as in Form 22. The Form may Civil Form 22
be modified or varied as may be necessary to meet the
circumstances of the case.

8. The Court may at any stage of any proceedings order the Order for
attendance of any person for the purpose of producing any attendance of
writings or other documents named in the order: provided person to produce
document
that no person shall be compelled to produce under any
such order, any writing or other document which he could
not be compelled to produce at the hearing or trial.

9. Any person wilfully disobeying any order requiring his Default of order for
attendance

92
 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
10. Any person required to attend for the purpose of being
persons ordered to examined or of producing any document, shall be entitled
attend to payment for expenses and loss of time occasioned by his
attendance.

11. If any person summoned by subpoena to attend for

Contempt of Court
examination refuses to attend or if having attended, refuses
to be sworn or answer any lawful question, he shall be in
contempt of Court and may be dealt with accordingly by
the Judge.

Filing of 12. Where the examination of any witness before any examiner
examination of under Rule 7 has been conducted, the original deposition
witnesses
authenticated by the signature of the examiner, shall be
transmitted by him to the registry and filed.

Disposition with 13. (1) Except otherwise provided under this Order or directed
consent of party or by the Court, no deposition shall be given in evidence at the
leave of a judge hearing or trial of the cause or matter without the consent
of the party against whom it may be offered, unless the
Court is satisfied that the deponent is dead or beyond the
jurisdiction of the Court or due to illness or other infirmity
unable to attend the hearing or trial.
(2) In any case, 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 such certificate.

Administration of 14. Any officer of the Court or other person directed to take the
Oaths
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 be made with any
foreign country, may administer oaths.

93
15. A party may by subpoena ad testificandium or ducestecum Attendance of
witness by
require the attendance of any witness before an officer of subpoena
the Court or other person appointed to take the
examination, for the purpose of using his evidence upon
any proceedings in the cause or matter in like manner as
such 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 proceedings in the cause or
matter shall be bound on being so subpoenaed to attend
before such officer or person for cross-examination.

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

17. The practice of Court with respect to evidence at a trial, Special directions
as to taking
when applied to evidence to be taken before an officer of evidence
the Court or other person in any cause or matter after the
hearing or trial, shall be subject to any special directions,
which may be given in any case.

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

cause or matter.

19. (1) Where it is intended to issue a subpoena, a praecipe for Filing of praecipe of
that purpose as in Form 23 containing the name or firm and a subpoena Civil
the place of business or residence of the legal practitioner Form 23
intending to issue it, and where such legal practitioner is
only an agent, then 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
money on the prescribed scale is deposited to cover the first
day's attendance.

94
Form of subpoena 20. A subpoena shall be as in any of Forms 24, 25 or 26 with
Civil Form 24, 25
or 26 such variations as circumstances may require.

Subpoena for
21. Where a subpoena is required for the attendance of a
attendance of
witness in witness for the purpose of proceedings in chambers, such
Chambers subpoena shall issue from the registry as the Court may
direct.

Correction of errors 22. In the interval between the issuance and service of any
in subpoena
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 words
"altered and resealed", with the signature, name and
address of the legal practitioner.

Personal service of 23. A subpoena shall be served personally unless the Court has
subpoena ordered substituted service where a person persistently
evades service. The provisions of Order 9 shall so far as
possible apply to service of a subpoena.
Duration of
subpoena 24. A subpoena shall remain in force from the date of issue until
the trial of action or matter in which it is issued.

Action to 25. Any person who would under the circumstances alleged
perpetuate by him to exist become entitled upon the happening of any
testimony
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 such event, may commence an action to
perpetuate any testimony which may be material for
establishing such right or claim.

Examination 26. A witness shall not be examined to perpetuate his

of witnesses
to perpetuate
testimony unless an action has been commenced for that
testimony purpose.

95
27. No action to perpetuate the testimony of a witness shall be Action not
to be set
set down for trial. down for trial

Evidence of a
28. Subject to the provision of the Evidence Act, a Judge sitting
protected witness
at trial may admit evidence of a witness, including a by electronic means
protected witness, through video conference or any other
electronic device capable of recording live (as if he is
physically in attendance in Court) a witness whenever the
Judge considers it expedient to do so.

ORDER 41
Fast Track Proceedings

1. The Chief Judge shall designate such number of Judges as Fast track judges
he may deem fit, to hear and determine actions designated
as Fast Track under this Order.

2. Subject to Rule 3 of this Order, Fast Track proceedings shall Jurisdiction of fast
be applicable only to the following causes and actions; track Court

(a) Banker/ customer transactions;

(b) Commercial transactions;

3. The substantive monetary claim in actions under this Monetary claim

Order shall not be less than One Hundred Million Naira.

4. Subject to Order 2 of these Rules, a claimant or a defendant Application for fast

shall present his originating process accompanied with a track procedure
Forms 27, 28,
duly completed application form as in Forms 27, 28, 29, 30 29,30
designated in that regard to place the cause or matter under
the Fast Track procedure.

5. Proceedings under this Order shall be conducted

Timetable/
expeditiously and as scheduled by the Court and the Court Case management
shall adopt an effective case management procedure
subject to the following;
(a) Amendment of processes shall not be entertained after
commencement of trial.

96
 (b) Adjournments shall not be granted except in
compelling circumstances.
(c) Each party shall file and serve his final address within a
period of seven (7) days; and the reply shall be filed and
served within five (5) days.
(d) Final addresses shall be deemed adopted in the absence
of parties.

Penalty for 6. Any application for extension of time to file any process
extension of time under this Order shall attract a penalty of Two Thousand
Naira (N2,000.00) per day.

Filing fee
7. All causes under this Order shall attract a non-refundable
Fast Track fee of Five Hundred Thousand Naira
(N500,000.00) only.

ORDER 42
Judgment and Orders
Delivery of
judgment 1. The Court shall deliver judgment in open Court.

Judgment to be 2. Where any judgment is pronounced by the Court the

dated judgment shall be dated the day on which such judgment is
pronounced and shall take effect from that date unless the
Court otherwise orders.
Directives in
judgment by the 3. The Court at the time of making any judgment or order or
judge 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 Court may deem fit and
may order interest at a rate not more than 10% per annum
to be paid upon any judgment.
Judgment to state
Time for any act 4. Every judgment or order made in any cause or matter
requiring any person to do an act shall state the time or the
time after service of the judgment or order, within which
the act is to be done.

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

6. Where the defendant has no legal practitioner, such order Judgment by

shall not be made unless the defendant gives his consent in consent where
defendant has no
person in the open Court. legal practitioner

7. Every order shall bear the date on which it was made

Order to be dated
unless the Court otherwise directs and shall take effect
accordingly.

8. (1) Where an order has been made not embodying any

special terms, or special directions, but simply enlarging Orders that may
not be drawn up
time for taking any proceedings or doing any act or giving
leave for -

(a) The issuance of any writ other than a writ of

attachment;
(b) The amendment of any writ or pleading;
(c) The filing of any document; or
(d) Any act to be done by any officer of the Court other
than a legal practitioner, it shall not be necessary to
draw up such order unless the Court otherwise
directs; but the production of a note or
memorandum of such order signed by a Judge shall
be sufficient authority for such enlargement of
time, issuance, amendment, filing or other act.
(2) A direction that the costs of such order shall be cost in
any cause or matter shall not be deemed to be special
direction within the meaning of this Rule.

9. An order shall be sealed, and shall be marked with the Format for an order
name of the Judge by whom it is made.

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 ORDER 43
Application for Judicial Review

Cases for judicial

1. (1) An application for:
review (a) An order of mandamus, prohibition or certiorari;
or
(b) An injunction restraining a person from acting in
any office in which he is not entitled to act shall
be made by way of an application for judicial
review in accordance with the provisions of this
Order.
(2) An application for a declaration or an injunction (not
being an injunction in rule (1)(b) of this Rule) may be made
by way of an application for judicial review and the Court
may grant the declaration or injunction if it deems it just
and convenient, having regard to:

(a) The nature of the matters which relief may be

granted by way of an order of mandamus,
prohibition or certiorari;
(b) The nature of the person and bodies against
whom relief may be granted by way of such an
order;
(c) All the circumstances of the case.

Joinder of
2. On an application for judicial review any relief mentioned
claims for relief
in Rule 1 may be claimed as an alternative or in addition to
any other relief so mentioned if it arises out of, relates to or
is connected with the same matter.
Leave
3. (1) No application for judicial review shall be made unless
to apply for
judicial review
the leave of the Court has been obtained in accordance with
this rule.
(2) An application for leave shall be made ex-parte to the
Court and shall be supported by:

(a) A statement setting out the name and description

of the application, the reliefs and the grounds on

99
 which they are sought;
(b) An affidavit verifying the facts relied on; and
(c) A written address in support of application for
leave.

(3) The Court hearing an application for leave may allow

the applicant's statement to be amended, whether by
specifying different or additional grounds of relief or
otherwise on such terms, if any, as he deems fit.
(4) The Court shall not grant leave unless he considers that
the application has a sufficient interest in the matter to
which the application relates.
(5) Where leave is sought to apply for an order of certiorari
to remove for the purpose of its being quashed any
judgement, order, conviction or proceedings which is
subject to appeal and a time is limited for the bringing of the
appeal, the Court may adjourn the application for leave
until the appeal is determined or the time for appealing has
elapsed.
(6) Where leave to apply for judicial review is granted,
then:

(a) If the relief sought is an order of prohibition or

certiorari and the Court so directs, the grant shall
operate as a stay of the proceedings to which the
application relates until the determination of the
application or until the Court otherwise orders;
(b) If any other relief is sought, the Court may at any
time grant in the proceedings such interim relief
as could be granted in an action commenced by
writ;
(c) The Court may impose such term as to cost and as
to giving security as he deems fit.

4. An application for judicial review shall be brought within 3 Time within which
to apply
months of the date of occurrence of the subject of the
application.

100
Mode of applying 5. (1) where leave has been granted and the Court directs, the
for judicial review
application may be made by motion or by originating
summons.
(2) The notice of motion or summons shall be served on all
persons directly affected and where it relates to any
proceedings before the Court and the object of the
application is either to compel the Court or its officer to do
any act in relation to the proceedings, or to quash them or
any order made. The notice or summons shall be served on
the clerk or Registrar of the Court and where any objection
to the conduct of the Court is to be made, on the Court.
(3) The motion or summons shall be fixed for hearing
within 14 days of the grant of leave.
(4) 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, 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.

Service of 6. (1) Copies of the statement in support of an application for

application with leave under Rule 3 shall be served with the notice of motion
motion
or summons and subject to sub-rule 2, no grounds shall be
relied upon or any relief sought at the hearing except the
grounds and reliefs set out in the statement.
(2) The Court may on the hearing of the motion or
summons allow the applicant to amend his statement
whether by specifying different or additional grounds of
relief or otherwise, on such terms, if any, as he 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.
(3) Where the applicant intends to ask to be allowed to
amend his statement or to use further affidavits, he shall
give notice of his intentions and of any proposed
amendment to every other party.
(4) Each party to the application shall supply to every other
party a copy of every affidavit which he proposes to use at

101
 the hearing including, in the case of the applicant, the
affidavit in support of the application for leave under Rule
3.

7. On an application for judicial review the Court may, Award of damages

subject to Rule 2, award damages to the applicant if:
(a) He has included in the statement in support of his
application for leave under Rule 3 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 commenced by the applicant at the time of
making his application, he could have been awarded
damages.

8. Any interlocutory application in proceedings on an Interlocutory

application
application for judicial review may be made to the Court.

9. (1) On the hearing of any motion or summons under Rule 5, Hearing of

application for
any person who desires to be heard on the motion or judicial review
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 reliefs 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:
(a) Has filed a copy of such verified by
affidavit or
(b) Account for his failure to do so to the
satisfaction of the Court hearing the motion
or summons.
(3) Where an order of certiorari is made in any such case as
is referred to in sub-rule 2, the order shall, subject to sub-
rule 4, direct that the proceedings shall be quashed
immediately on their removal into Court.

102
 (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,
tribunal or authority concerned 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 commenced by writ.

Obedience to an 10. No action or proceedings shall be brought or prosecuted

order of mandamus
against any person for anything done in obedience to an
order of mandamus.

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

ORDER 44
Habeas corpus, Attachment for Contempt

I - HABEAS CORPUS
.

1. Where a person is alleged to be wrongly detained,

Application
application may be made for an order that he be produced
in Court for the purpose of being released from detention.

Mode of application 2. (1) No application under rule (1) shall be made unless leave
has been granted in accordance with this rule.
(2) Application for such leave shall be made ex-parte to the

103
 Court and shall be supported by a statement stating out the
name, and description of the applicant, the relief sought,
and the grounds on which it is sought; it shall also be
supported by an affidavit verifying the fact relied on.
(3) The affidavit verifying the facts relied on in making the
application shall be made by the person detained; but
where the person detained is unable owing to the detention
to make the affidavit, the application shall be accompanied
by an affidavit to the like effect made by some other
persons, which shall also state that the person detained is
unable to make the affidavit himself.
(4) The applicant shall file, in the Court, the application for
leave not later than the day preceding the date of hearing,
and shall at the same time lodge in the Court enough copies
of the statement and affidavit for service on any party or
parties as the Court may order.
(5) The Court or Judge may, in granting leave, impose such
terms as to giving security for cost as it deems fit.
(6) The Court or Judge may: -
(a) make an order forthwith for the release of the
person being detained the provision of paragraph
(1) notwithstanding;
(b) direct that an originating summons be issued in
form 2 of the Fundamental Rights (Enforcement
Procedure) Rules, 1999; or
(c) adjourn the ex parte application so that notice
thereof may be given to the person against whom
the order for the person released is sought.

(7) The summons or notice of motion shall be served on the

person against whom the order for the release of the person
detained is sought and on such other persons as the Court
or Judge may direct, and, unless the Court or the Judge
otherwise directs, there shall be at least five (5) clear days
between the service of the summons or motion and the date
named therein for the hearing of the application.

3. (1) Without prejudice to rule 2(6), the Court or Judge

104
Production of a hearing the application may, in his discretion, order that
detainee in Court
the person be produced in Court.
(2) An order under paragraph 6 of this rule shall be a
sufficient summons for any superintendent of a
correctional centre, police officer in charge of a police
station, police officer in charge of the person detained or
any other person responsible for his detention, for the
production in Court of the person detained.
(3) Where an order is made for the production of the person
detained, the Court or judge by whom the order is made
shall give directions as to the Court or judge before whom,
and the date on which the order is returnable.

4. (1) Subject to paragraphs two (2) and three (3), an order for
Service of order
production of the person detained shall be served
personally on the person to whom it is directed.
(2) If it is not possible to serve such an order personally, or it
is directed to a police officer or correctional facility
superintendent or other public official, it shall be served by
leaving it with any person or official working in the office
of the police officer, or the correctional facility or office of
the superintendent or the office of the public official to
whom the order is directed.
(3) If the order is made against more than one person, the
order shall be served in a manner provided by the rule on
the person first named on the order and copies shall be
served on each of the other persons in the same manner.
Form 4
(4) There shall be served with the order (in form 4 in the
Fundamental Rights (Enforcement) Rules, 1999) stating the
Court or Judge before whom, and the date on which, the
person detained is to be brought.

Endorsement on 5. (1) The return to an order for the release of a person

the return to the
order detained shall be endorsed on or annex to the order and
shall state all the causes or justifications of the detainer of
the person detained.
(2) The return may be amended, or another return
substituted therefor, by the leave of Court or Judge before

105
 whom the order is returnable.

6. When a return to the order has been made, the return shall Procedure for
first be read in open Court and an oral application then hearing
made for discharging or remanding the person detained or
amending or quashing the return, and where that person is
brought upon in Court in accordance with the order, his
legal representative shall be heard first, then the legal
representative for the state or for any other official or
person detaining him. The legal representative for the
person detained would then be heard in reply.

7. An order for the release of the person detained shall be Order is to be made
in clear terms
made in clear and simple terms having regard to all
circumstances.

8. (1) An application for a writ of habeas corpus ad Application by

testificadum or habeas corpus ad respondendum shall be affidavit
made on affidavit.
(2) An application for an order to bring up detainee,
otherwise than by writ of habeas corpus, to give evidence
in any cause or matter, civil or criminal, before any Court or
tribunal shall be made on affidavit.
Form of Habeas
9. A writ of habeas corpus shall be as in form 24, 25 or 26 in the Corpus,
appendix whichever is appropriate. Form 24, 25, 26

II – Attachment for Contempt

10. (1) In cases where this rule applies, the procedure in Procedure for
attachment
applications for attachment for contempt of Court shall so
far as may be applicable, apply to order for judicial review
under Order 43.
(2) The notice of motion shall be personally served unless
the judge dispenses with such service.
(3) This rule applies to cases where the contempt is
committed:

106
 (a) In connection with proceedings to which this
Order relates;
(b) In connection with criminal proceedings;
(c) Subject to the provisions of the Sheriff and Civil
Process Act, any proceedings in the High Court,
or where the contempt consists of disobedience
to an order of the Court;
(d) In connection with proceedings in an inferior
Court; but this rule shall not apply where the
contempt is committed in facie curiae.

Endorsement on 11. When an order enforceable by committal has been made

committal order against a judgment debtor, and if the order is for delivery of
goods without the option of paying their value or is in the
nature of an injunction, the Registrar shall when the order
is drawn up immediately endorse it as follows:

Notice of Consequence of Disobedience to Court Order.

To………………………………………….of………………………
TAKE NOTICE that unless you obey the direction (s) contained in
this order you will be guilty of contempt of Court and will be liable
to be committed to prison.
Dated this………….day of………………………….. 20 ………….

……………………….
Registrar

Response 12. Upon service of the application for committal issued in a

case to which Rule 10 of this Order applies, the Respondent
shall at least two (2) clear days before the return date stated
in the application file a statement stating the reasons why
an order for attachment should not be issued. The
statement shall be verified by an affidavit deposed to by the
respondent.

Return 13. Every order of attachment issued in a case to which Rule 10

of this Order applies shall be made returnable before the

107
 Judge. If a return of non est inventus (not found) is made, a
subsequent order or orders may be issued on the return of
the previous order.

ORDER 45
Proceedings before the Chief Registrar

1. In this Order, any reference to the Chief Registrar means

Chief Registrar
the Chief Registrar of High Court and includes the deputy
Chief Registrar.

2. The Chief Registrar may transact business and exercise Business to be

conducted by Chief
authority in the following matters: Registrar

(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 the
Court has ordered that the account be taken by
the Chief Registrar;
(c) The taxation of bills of costs;
(d) Applications leading to the issue of the grant of
probate or letters of administration of the
estates of deceased persons in non-contentious
or common form probate business.

3. If the Chief Registrar considers that any matter requires the

Chief Registrar
decision of a Judge, he may refer it to the Chief Judge or the may refer matter to
Court who referred the matter to the Chief Registrar. The the Chief Judge
Chief Judge or the Court may either dispose of the matter
or refer it back to the Chief Registrar with such directions as
he may deem fit.

Appeal from order

4. Any person affected by an order or decision of the Chief of
Registrar in the exercise of the authority vested in him by
this Order may appeal to a Judge. Such appeal shall be by

108
 notice in writing to attend before the Judge without a fresh
summons within 5 days after the decision complained of or
such further time as may be allowed by the Judge. Unless
otherwise ordered, there shall be at least 2 clear days
between service of the notice of appeal and the day of
hearing. An appeal from the decision of the Chief Registrar
shall not operate as a stay of proceedings unless so ordered
by the Judge.

Chief Registrar's 5. Lists of matters to be heard by the Chief Registrar shall be

list of matters made out and published by being posted on the Court's
notice boards.

Legal 6. A legal practitioner may represent any party in any

representation of proceedings before the Chief Registrar under the authority
party
vested in him by this Order,

No particular form 7. Except as otherwise provided for in these rules, the

for directives
directions to be given for or concerning any proceedings
before the Chief Registrar shall require no particular form,
but the result of such proceedings shall be concisely stated
in a certificate.

Reference to 8. The certificate of the Chief Registrar regarding accounts

judgment
and inquires shall not, unless the circumstances of the case
render it necessary, set out the judgment, order, any
document, evidence or reasons but shall refer to the
judgment, order, documents and evidence or particular
paragraphs, so that it may appear on the face of it what the
result stated in the certificate is founded on.
Form and Contents
of certificate 9. (1) In case of accounts and inquiries the certificate of the
Chief Registrar shall be as in Form 37 with such variations
Civil Form 37
as the circumstances may require.
(2) The certificate shall state the result of the account and
Content of
not set it out by way of schedule, but shall refer to the
certificate in cases account verified by the affidavit filed and shall specify by
of accounts and the numbers attached to the items in the account which (if
transcripts

109
 any) of such items have been disallowed or varied and shall
state what additions (if any) have been made by way of
surcharge or otherwise. Where the account verified by the
affidavit has been so altered that it is necessary to have a
fair transcript of the account so altered, such transcript may
be required to be made by the party prosecuting the
judgment or order and shall be referred to in the certificate.
The account and transcripts (if any) referred to in
certificates shall be filed.

10. Every certificate with the accounts (if any) to be filed shall Binding effect of
be transmitted by the Chief Registrar to the registry for certificate
filing and shall be binding on all the parties to the
proceedings unless discharged or varied upon an
application made to the Court before the expiration of 8
clear days after the filing of the certificate.
Bill of costs
11. When taxing a bill of costs, the Chief Registrar shall insert
in red ink against every item disallowed, reduced or
altered and the substance of the modification and at the
bottom of the bill of costs he shall certify the net result of the
taxation. The bill of costs shall be transmitted by the Chief
Registrar to the registry for filing and the provisions of Rule
10 of this Order shall apply to the certificate.

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

ORDER 46
Appeals from District/ Magistrate Courts

1. Except for interlocutory appeals which shall be brought Time to bring

within 15 days, every appeal shall be brought by notice of notice of appeal

appeal lodged in the Appeals Registry within 30 days of the

decision appealed from and served on all other parties

110
 affected by the appeal.

Contents of notice 2. (1) The notice of appeal shall set out in full the reference
of appeal
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 of appeal.
(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
Federal Capital Territory, Abuja, where the lower Court
appealed from is situated, to which notices may be sent for
the appellant by registered post.
Civil Form 38
(4) The notice of appeal shall be in Form 38, as in the
Appendix and may be varied to suit the circumstances of
the case but no variation of substance shall be made.

Copies of 3. (1) A Registrar of the lower Court shall, within 3 months of

proceedings
decision appealed from, prepare as many certified copies
of the proceedings required for the consideration of the
appeal as there are parties on record.
(2) Except where the fees for preparing the certified copies
are remitted, a deposit decided on by the Registrar as likely
to cover the fees, shall be made by the appellant before the
preparation of the copies.
Transmission of
records of
4. (1) A Registrar of the lower Court shall within 7 days of
proceedings preparing the certified copies send them to the Registrar
(appeals) of the High Court as the record of appeal, and the
appeal shall be deemed to have been entered.
(2) The Registrar (appeals) shall within 7 days of receipt of
the records of appeal forward it to the parties.

Hearing notice 5. The Registrar (appeals) shall send to each party a notice of
the date, time and the venue fixed for the hearing of the
Appeal.

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6. The time prescribed in Rule 1, may be enlarged at any time Enlargement of
time after service of
by the Court on such terms as it may deem fit, after notice is notice of appeal
given to the respondent by the appellant of his application
for enlargement of time.

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

8. All appeals from lower Courts may be heard by one or Constitution of

Court hearing
more Judges of the Court. appeal

9. Unless the Court gives leave to the contrary:

(a) All appeals from Courts below shall be heard and Briefs of argument
determined on briefs of argument filed and
exchanged between the parties;
(b) The appellant shall file an appellant's brief within 21
days of the receipt of the records of appeal from the
Court;
(c) The respondent shall file and serve a respondent's
brief within 14 days of service on him of the
appellant's brief;
(d) The appellant may file a reply brief which shall deal
with any new issue raised in the respondent's brief,
within 7 days of the receipt of the respondent's brief.
(e) Every brief shall clearly identify the issues distilled
from the grounds of appeal on the basis of which
parties desire the Court to determine the appeal;
(f) Any issue which is not covered by any ground of
appeal shall not be considered by the Court in its
judgment.

10. A Court may direct a departure from these Rules in respect Direction for
of compilation of records from the lower Court upon the departure from the
Rules
application of any party to an appeal.

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Default of 11. (1) Where on the day of hearing or at an appointed day of
appearance by
appellant the case, the appellant does not appear, the appeal may be
struck out, unless the Court deems fit, for sufficient cause
to order otherwise.
(2) Where a respondent appears, the judgment shall be
with costs of the appeal against the appellant, unless the
Court expressly orders, but if the respondent does not
appear, the costs of the appeal shall be at the discretion of
the Court.

12. Where on the day of hearing and at any appointed day of

Default of
appearance by
the case, the appellant appears, the Court shall, whether
respondent 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 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, the Court may dismiss the appeal with or
without costs of appeal against the appellant.

Amendment of 13. The Court, may allow an amendment of the notice of

notice of appeal appeal upon such terms and conditions as it may deem fit.

Affirmation of 14. (1) A respondent may give notice that he intends at the
judgment hearing to ask the Court to affirm 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 affirm the judgment of the lower Court.
(3) Such 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.

Filing of any 15. (1) A respondent may file grounds of appeal against any
grounds of appeal
by respondent
part of the judgment of the lower Court.
(2) The grounds shall be filed by the respondent within 14
days of service on him of the appellant's notice and

113
 grounds of appeal, and shall be served on the appellant or
his legal practitioner before the hearing.

16. (1) No objection on account of any defect in the form of Defect of grounds
stating any ground of appeal shall be allowed, unless the of appeal
Court is of the opinion that the ground of appeal is so
imperfectly or incorrectly stated such that it is insufficient
to enable the respondent to enquire into the subject-matter
or to prepare for the hearing.
(2) Where a Court is of the opinion that an objection to any
ground of appeal ought to prevail, it may, allow the ground
of appeal to be amended upon such terms and conditions
as it may deem just.

17. (1) On an appeal from a decision of a lower Court, no Objection to notice

objection shall be taken or allowed to any proceeding in of appeal

such Court for a defect or error which might have been

amended by that Court, or to any complaints, summons,
warrant, or other process to or of such Court for any alleged
defect in substance or in form, or for any variance between
any complaint or summons and the evidence adduced in
support in such Court.
(2) Where an 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 either 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 such other order for disposal of the case as justice
may require.

18. No objection shall be taken or allowed, on an appeal, to a Defects in notice of

appeal or
notice of appeal which is in writing or to any recognizance recognizance
entered into under this Order for the due prosecution of the
appeal for any alleged error or defect, but if 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

114
 do so, also to adjourn the further hearing of the appeal, the
amendment and the adjournment, if any, being made on
such terms as the Court may deem just.

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

Additional evidence 20. (1) Where additional evidence is to be taken by a lower

Court and specific findings of fact reported, it shall certify
the evidence to the Court which shall then proceed to
dispose of the appeal.
(2) The appellant or his legal practitioner shall be present
when the additional evidence is taken.
(3) Evidence taken in pursuance of rule 18 of this Order
shall be taken as if it were taken at the trial before the lower
Court.
(4) When forwarding to a Court any additional evidence
taken by a lower Court in pursuance of Rule 20, the lower
Court may express its evidence and may also, 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 21. The fees in the First Schedule shall be chargeable in civil
First Schedule appeals except where they would have to be paid by a

115
 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 where it
appears that there are substantial grounds of appeal.

22. Allowances may be made to witnesses in accordance with Allowances

the provisions of the Schedule.

23. (1) On an application made for stay of execution under any

Application for
enactment establishing the lower Court, the lower Court or stay of execution
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
land 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 attached
pending the making of a deposit or the giving of
security, including a deposit or security for
expenses incidental to the seizure and attachment;
(2) An Order made on an application 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

116
 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 lower Court the
application shall not be made to the lower Court but to the
Court.
(4) An application for stay of execution shall be on notice.
(5) Where an appellant proposes to give security instead of
making a deposit, the application shall state the nature of
the security and the name of the surety proposed.
(6) A party dissatisfied with an order made by the lower
Court may apply to the Court by motion on notice for a
review of the order, and the Court may then make such
order as it deems fit.
(7) An appeal shall not operate as a stay of execution.

Costs 24. A Court may make such Order as to the payment of costs by
or to the appellant as it may consider just and the Order
may be made also in any case where an appeal has not been
entered or prosecuted.

Security for 25. (1) A Court may, in special circumstances, on an

respondent's cost of application on notice supported by an affidavit, order the
appeal appellant to deposit such sum or give such security as may
deem fit for respondent's costs of appeal including the costs
incidental to the application.
(2) The order shall limit the time (not exceeding 30 days)
within which the deposit or security shall be made, and
may direct that in default of its being made or given within
the time so limited the appeal shall without further order
stand dismissed.
(3) Where an appeal is dismissed, the respondent shall be
entitled to all reasonable costs occasioned by the appeal
and the amount of such 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 may deem fit.
(4) Subject to the discretion of the Court to grant costs
where it deems proper on an application made under sub

117
 rule (1), costs shall not be granted to the applicant except
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.

26. (1) Where a case is decided on appeal the Court shall certify Certification of
its judgment or order to the lower Court in which the judgment or order
decision appealed against was pronounced.
(2) The lower Court to which the Court certifies its
judgment or order shall then make such orders as are
conformable to the judgment or order of the Court, and if
necessary, the records shall be amended accordingly.

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

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

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

30. In this Order-

“appeals” include appeals from Magistrate Courts Interpretation
“the lower Court” means District Court and
Magistrate Court
“Judgement” includes an Order or a Ruling

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 ORDER 47
Appeals to the High Court from Decision of Auditors

Application of this 1. This order shall apply to an appeal to the Court from a
order
decision of an auditor made under the provisions of any
written law which confers the right to appeal to the High
Court against any such decision.

Mode of appeal 2. An appeal to the Court from a decision of an auditor shall

be by notice of motion.

Evidence by 3. The evidence upon the hearing of the appeal shall be by

affidavit
affidavit except otherwise direct by the Court.

4. The notice of motion shall be served, before the expiration

Service of notice of
motion of 6 weeks after the date of the decision to which it relates,
on the auditor in charge of the audit in which the decision
has been made and also upon the area council or other
body in relation to whose accounts or to the accounts of
whose officer the decision was given, if that Area Council
or other body is not the appellant.

Contents of notice 5. The notice of motion shall state the grounds of appeal, and
and date of hearing
the date mentioned in the notice for the hearing of the
appeal shall, not be less than 28 days after the service of the
notice.

Filing of notice & 6. (1) An appellant shall within 7 days after service on the
hearing
auditor of the notice of motion, file with the Registrar
(appeals) a copy of such notice and an affidavit setting out
the reasons stated by the auditor for his decision and the
facts upon which the appellant intends to rely at the
hearing and the motion shall be set down for hearing.
(2) Where a notice of motion is not set down accordingly,
either the Area Council or other body or the auditor may
apply to the Court, upon notice to the appellant for an order
discharging the notice of motion and for the costs of the
application.

119
7. An appellant shall deliver immediately to the Area Council Time within which
to oppose motion
or other body and to the auditor a copy of any affidavit filed
under Rule 6 in support of the motion and any person
intending to oppose the motion shall, within 4 days before
the hearing, deliver to the appellant a copy of an affidavit
intended to be filed by him in opposition to the motion.

8. Where under Rule 4 of this Order, a notice of motion is Service on Auditor

served on an auditor other than that auditor who gave the other than the
auditor who gave
decision that other auditor may appear in opposition, as if the decision
he were the auditor by whom the decision was given, and
these provisions shall apply accordingly.

ORDER 48
Court Sittings and Vacation

1. Subject to the provisions of the Law, the Court may, in its Discretion of Court
discretion, appoint any day or days and any place or places on sittings/hearing

from time to time for the hearing of causes as circumstances

may require.

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

Operational time
3. The offices of the Court shall be open at such times as the for offices of Court
Chief Judge shall direct.

4. Subject to the directions of the Chief Judge, sittings of the Days of sittings
High Court for the despatch of civil matters will be held on and annual
every weekday, except: vacation

(a) On any public holidays;

120
 (b) During the weeks ending with Good Friday and
beginning with Easter Monday;
(c) During the period beginning on Christmas eve
and ending on the 2nd January of the succeeding
year;
(d) During the week designated as settlement week;
(e) During the annual vacation, effective from any
week in July and ending on a date not less 6
weeks later as the Chief Judge may declare by
notification in the Gazette or any other means he
deems appropriate.

Urgent matters on 5. (1) Notwithstanding the provisions of Rule 4, any cause or

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

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

ORDER 49
Costs

Principles to be 1. (1) In fixing the amount of costs, the principle to be

observed in fixing
cost 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 Court 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

121
 Court at the time of delivering the judgment or making the
order.
(3) When the Court finds it impracticable to determine
summarily the amount of any costs which he has adjudged
or ordered to be paid, all questions relating to it shall be
referred by the Court to a taxing officer for taxation.
(4) This Order shall not apply to proceedings commenced
under Order 51 of these Rules.

2. In any cause or matter in which security for costs is Security for costs
required, the security shall be of such amount, time,
manner and form as the Court shall direct.

Security for costs

3. A claimant ordinarily resident out of the jurisdiction may by claimant
be ordered to give security for costs, though he may be temporarily within
temporarily resident within the jurisdiction. jurisdiction

4. In actions brought by persons resident out of the Action founded on

judgment or bill of
jurisdiction, when the claimant's claim is founded on a
exchange
judgment, order, a bill of exchange or other negotiable
instrument, the power to require the claimant to give
security for costs shall be exercised at the Court's
discretion.

5. Where a bond is to be given as security for costs, it shall, Bond as security

for costs
unless the Court otherwise directs, be given to the party or
person requiring the security and not to an officer of the
Court.

6. Subject to the provisions of any applicable law and these

Cost at discretion
rules, the costs incidental to all proceedings in the High of Court
Court, including the administration of estates and trusts,
shall be at the discretion of the Judge, and he shall have
power to determine by whom and the costs to be paid.

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

122
Stay of proceedings 8. Where the Court orders costs to be paid or security to be
till cost paid
given for costs by any party, the Court may order all costs
by or on behalf of that party in the same suit or proceedings
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.

Cost at any stage of 9. Costs may be dealt with by the Judge at any stage of the
proceedings
proceedings.

10 In addition to any penalty payable for default under these

When cost is to
follow the event rules, the costs occasioned by any application to extend the
time fixed by the rules or any direction or order, for
delivering or filing any document or doing any other act,
including the costs of any order made on the application
shall be borne by the party making the application unless
the Court otherwise directs.

Matters to be taken
11. The Court in exercising its discretion as to costs shall take
into account in
exercising into account any offer or contribution made by any of the
discretion parties, payment into Court and the amount of such
payment.

Costs arising from

12. (1) Where in any cause or matter anything is improperly or
misconduct or
neglect unnecessarily done or omitted to be done by or on behalf of
a party, the Court may direct that any cost arising from it
shall not be allowed to him and that any cost 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 Court shall for the purpose of that sub-rule have
regard in particular to the following matters:

(a) The omission to do anything which if done

would have been calculated to save costs;
(b) The doing of anything calculated to occasion or
in a manner or at a time calculated to occasion
unnecessary costs; and

123
 (c) Any unnecessary delay in the proceedings.

(3) The Court may instead of giving a direction under sub-

rule 1 of this rule in relation to anything done or omission
made, direct the taxing officer to enquire into it and if it
appears that such a direction should have been given, to act
as if the appropriate direction had been given.

13. (1) Subject to the following provisions of this rule, where in Personal liability of
any proceedings costs are incurred improperly, without Legal Practitioner
reasonable cause, by undue delay or by any other for costs

misconduct or default, the Court, may make an order

against any legal practitioner whom it considers to be
responsible, whether personally or through a servant or
agent:

(a) Disallowing the costs between the legal

practitioner and his client; and
(b) Directing the legal practitioner to pay to his
client costs which the client has been ordered to
pay to other parties; or
(c) Directing the legal practitioner personally to
indemnify such other parties against costs
payable by them.

(2) The provisions of rule 13 sub-rule I shall apply where

proceedings in Court cannot conveniently proceed or are
adjourned without useful progress being made because of
the failure of the legal practitioner to;
(a) A t t e n d i n p e r s o n o r b y a p r o p e r
representative; or
(b) Deliver any document for the use of the
Court which ought to have been delivered or
to be prepared with any evidence, account or
generally to proceed.

(3) No order under this rule shall be made against a legal

practitioner unless he has been given a reasonable

124
 opportunity to appear before the Court to show cause why
the order should not be made.
(4) The Court may direct that notice of any proceedings or
order against a legal practitioner under this rule shall be
given to his client in such manner as may be specified in the
direction.
(5) If, on the 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 falls to be taxed under the
Legal Practitioners Act, shall be referred to the Registrar for
taxation and may be taxed by him or such other taxing
officer as the Chief Judge may appoint.

Notice to other 15. The party applying for taxation, shall file the bill and give
party
notice to any other party entitled to be heard on the
taxation, and shall, if he has not already done so, supply
them with a copy of the bill.

Power of taxing 16. A taxing officer shall have power to tax any cost the
officer
taxation of which is required by any law or directed by
order of the Court.

Supplementary 17. A taxing officer may, in the discharge of his functions on

powers of taxing
officers taxation of costs,
take an account of any dealing in money made in
connection with the payment of the costs being taxed, if the
Court;
(a) Require any party represented jointly with any
other party in any proceedings before him to be
separately represented;
(b) Examine any witness in those proceedings;
(c) Direct the production of any document which
may be relevant in connection with those

125
 proceedings.

18. (1) A taxing officer may:

Extension of time

(a) Extend the period within which a party is

required by these rules to begin proceedings for
taxation or to do anything in connection with
proceedings before him;
(b) Where no period is specified by these rules or by
the Court for the doing of anything in
connection with such proceedings, specify the
period within which the thing is to be done.
(2) Where an order of the Court specifies a period within
which anything is to be done by or before a taxing officer,
unless the Court otherwise directs, the taxing officer may
on such terms as he deems fit extend the period so
specified.
(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 after the
expiration of that period.

19. Where a party entitled to be paid costs is also liable to pay

costs, the taxing officer may;

(a) Tax the costs which that party is liable to pay and set Power of taxing
officer where party
off the amount allowed against the amount he is liable to be paid and
entitled to be paid and direct payment of any to pay costs
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
20. (1) A party entitled to require any costs to be taxed shall proceedings for
begin proceedings for the taxation of those costs by filing in taxation
the registry a bill of costs and obtain a date and time for the
taxation. Such party shall give at least 7 days notice to every
other party of the date and time appointed for taxation

126
 proceedings and at the same time serve a copy of its 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 21. (1) In any bill of costs the professional charge and the
bills of costs disbursements shall be entered in separate columns and
every column shall be set out before the bill is left for
taxation.
(2) Before a bill of costs is left for taxation it shall be
endorsed 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.

Taxation 22. (1) If any party entitled to be heard in any taxation

proceedings 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 costs contained in schedule B of this Rule
together with the notes and general provisions contained
in that schedule, 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

127
 sales, purchases, leases, mortgages and other matters of
conveyance 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 in the scale shall be
contained in the said appendix of these rules.

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

25. The fees payable on taxation shall be paid by the party on

Fees on taxation
whose application the bill is taxed and shall be allowed as
Application for
part of the bill. review

26. Any party to any taxation proceedings who is dissatisfied

with the taxation in whole or in part of any item by a taxing
officer or with the amount allowed by a taxing officer on
any item, may apply to the Court for an order to review the
taxation as to that item.

27. (1) An application under the preceding rules shall be made Application by
summons
by summons at any time within 14 days after the taxing
officer's certificate.
(2) Unless the Court 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 except, on the hearing of any such
application the Court 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 Court 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.

128
 ORDER 50
Computation of Time

Details for 1. Where by any law or order made by the Court a time is
computation of appointed or limited for the doing of any act, the period
time 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, holiday
shall be left out of account in computing the
period.

Holiday 2. In this order “holiday” means a day which is a Sunday or a

public holiday.

Time for service of 3. No pleadings, summons, motions, orders, originating

processes process, documents and other processes shall be served
before 6.00a.m. or after 6.00p.m. Service effected after
6.00p.m. shall be deemed to have been effected the
following day, but service effected after 6.00p.m. on
Saturday shall be deemed to have been effected on the
following Monday.
Extension of time
by Court
4. (a) The Court may, either before or after the expiration of
the time appointed by these Rules or by any judgment or
order of the Court, extend the time or adjourn for doing any
act or taking any proceedings.
(b) The Court may upon application and/or with the
consent of parties, abridge the time appointed by these
Rules for the doing of any act or taking any proceedings.

Penalty for default 5. (1) Any party who defaults in performing an act within the
time authorized by the Court or under these Rules, shall

129
 pay to the Court an additional fee of N500.00 (Five hundred
naira) for each day of such default at the time of
compliance.
(2) Every application for enlargement of time shall be
accompanied by proof of compliance with Rule 5(1) of this
order.

ORDER 51
Proceedings in Forma Pauperis

1. This Order shall apply to proceedings for which there is no Application

statutory provision for Legal Aid.

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

3. (1) A person seeking relief under this Order shall write an Qualification
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
legal practitioner.
(2) If in the opinion of the Chief Judge the application has
merit, the Chief Judge shall appoint a legal practitioner to
act for the applicant.
(3) Where a legal practitioner is so appointed the applicant
shall not dispense with his service except with the leave of
the Chief Judge.

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

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Procedure to be 5. (1) The legal practitioner shall not, except by leave of the
followed
Chief Judge, take or agree to take any payment whatsoever
from the applicant or any other person connected with the
applicant or the action taken or defended.
(2) If the applicant pays or agrees to pay any money to any
person whatsoever in connection with his application or
the action taken or defended, the order appointing the legal
practitioner shall be revoked.
(3) If the legal practitioner assigned to the applicant
discovers that the applicant is of means beyond those
stated in the affidavit, if any, he shall at once report the
matter in writing to the Chief Judge.

6. (1) The Chief Judge may at any time revoke the order
Revocation of order
granting the application and 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 the Court.

Payment to Legal 7. The Court may order payment to be made to the legal
Practitioner practitioner out of any money recovered by the applicant
or may charge in favour of the legal practitioner upon
any property recovered by the applicant, such sum as in
all the circumstances may deem fit.

Duty of Legal
Practitioner
8. 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.

9. No person shall be permitted to appeal in forma pauperis

Appeals
except by leave of the trial or the appellate Court; but if so
permitted the provisions of this order shall apply mutatis
mutandis to all proceedings on the appeal.

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 ORDER 52
Change of Legal Practitioner

1. Every legal practitioner who is engaged in any cause or Discontinuance by

matter may, by notice withdraw from or discontinue his Legal Practitioner
representation either for the claimant or the defendant.

2. A notice for a change of legal practitioner or withdrawal Notice for

change of Legal
shall be filed and served by the party or the legal Practitioner or
practitioner as the case may be. withdrawal

3. A legal practitioner who has withdrawn appearance for a Re-engagement of

party in a cause or matter may be re-engaged by the same legal practitioner
party, by notice to the Court.

ORDER 53
Application and Proceedings in Chambers

Businesses in
1. The business which may be disposed of in chambers by a disposed of in
Judge shall consist of the following matters, in addition to chambers
the matters under any other written law, that is to say;
(a) Application –
(i) To issue and serve a writ or other process out of
the jurisdiction;
(ii) For substituted service of a writ or other process;
(iii) To have cases heard during vacation;
(iv) For enlargement of time;
(v) For a writ of attachment or for a garnishee order;
(vi) For payment or transfer to any person of any
cash or securities standing to his credit in a cause or
matter where there has been a judgement or order
declaring the rights or where the title depends only
upon proof of the identity of the birth, marriage or
death of any person;
(vii) As to the guardianship and maintenance of
advancement of infants;
(viii) Connected with the management of

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 property; or
(b) Any matter relating to the adoption of children; and
(c) Such other matters of an interlocutory nature as the
Judge may deem expedient to dispose of in chambers.

Procedure for 2. The provisions of Order 30 with regards to interlocutory

application in application by way of motion in Court shall apply mutates
chambers mutandis to application to a Judge in chambers.

Notes of 3. Notes shall be kept of all proceedings in chambers with

proceedings in proper dates, so that all such proceedings in such cause or
chambers matter may appear consecutively and in chronological
order, with a short statement of the question or points
decided at every hearing.

Drawing up orders 4. Orders made in chambers shall, unless the Court otherwise
made in chambers directs, be drawn up by the Registrar and signed by the
Judge. Such order shall be entered in the same manner as
orders made in Court.

Cost 5. Subject to the provisions of any enactment and of these

rules, the costs of, and incidental to all proceedings in
chambers shall be at the discretion of the Court.

Mode of setting 6. (1) Where any party to proceedings in chambers does not
aside and varying
decision made in
intend to accept the decision of the Court in chambers as
chambers final, he shall forthwith request to have the summons
adjourned into Court for argument. If such request is
refused, the party may proceed by way of motion with
notice in Court to discharge, set aside or vary the order
made or the judgment given in chambers.
(2) 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 such Judge's death or retirement or

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 prolonged absence.
(3) This rule shall apply to decisions given by the Court
in chambers on appeal from the Chief Registrar under
rule 2 of Order 45.

ORDER 54
Foreclosure and Redemption

1. Any mortgagor or mortgagee, whether legal or equitable, Commencement by

or any person entitled to or having property subject to a originating
summons
legal or equitable charge, or any 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 nature or kind following as may be specified in
the summons, and as the circumstances of the case may
require; that is

(a) Payment of moneys secured by the mortgage or

charge;
(b) Sale;
(c) Foreclosure;
(d) 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;
(e) Redemption;
(f) Reconveyance; and
(g) Delivery of possession by the mortgagee.

2. Orders for payment and for possession shall be as in Forms Civil Forms 39, 40,
39, 40 and, 41 of these Rules with such variations as the & 41
circumstances of the case may require, and similar forms
shall be used under corresponding circumstances in
actions for similar relief commenced by writ.

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Service and 3. The Court may give any special directions concerning the
execution of
judgment execution of the judgment, or the service to persons not
parties to the cause or matter as he deems fit.

ORDER 55
Applications pending Appeal

Application for 1. Where any application is made to the Court for stay of
stay of execution
execution or proceedings under any judgement or decision
appealed against, such application shall be made by
motion on notice supported by affidavit stating the
grounds upon which a stay of execution or proceedings is
sought.

Compilation of 2. An applicant for stay of proceedings or execution shall

records apply for compilation of the records of appeal within 14
days from the date of filing a notice of appeal and where the
cost of compilation of records is not paid, the respondent
may apply to strike out the application or discharge the
order if already granted.

3. Where the Court has struck out an application for stay, no

Refusal of order for
stay further application for stay of execution shall be made in
the matter.

ORDER 56
Grant of Probate or Administration in General

Application for 1. Where a person subject to the jurisdiction of the court dies,
probate
all petitions for the granting of any letters of
administration of the estate of the deceased person, with or
without a Will attached, and for the granting of probate of
the Will of a deceased person, and all applications on other
matters connected, shall be made to the Probate Registrar
of the court.

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2. There shall be kept at the Probate Registry: Registers to be kept
at probate registry
(a) Register of Wills.
(b) Register of letters of administrations.
(c) Register of grant of probate.

3. Any person who seeks to conduct a search into the register Application to
conduct search in
of Wills in order to ascertain whether a deceased died the probate registry
testate or as to whether Letters of Administration has been
issued or the process initiated regarding the deceased's
estate, shall apply to the Probate Registrar with a copy of
the death certificate of the deceased. The Probate Registrar
may at his discretion request for further information or
documents before approving the search upon payment of
prescribed fees.

4. No grant of Probate or Letters of Administration with Will Time to initiate

annexed shall be initiated within 14 days of the death of the grant of probate

deceased and no grant of administration without Will

annexed shall be initiated within 21 days of the death.

5. In furtherance of any provisions under this Order and Registrar to

Orders 57, 58, 59, 60, and 61, the Registrar shall administer administer
appropriate Forms
such forms as prescribed by this Rules or as he may deem
appropriate in circumstances not contemplated by the
Rules.

6. The Court may, where the circumstances of a case require, Authority to take
possession of
on the death of a deceased person, or as soon after as may property
be, appoint and authorize an officer of Court, or some
other fit person, to take possession of his property within
jurisdiction, or put it under seal, and keep it until it can be
dealt with according to law.

7. (1) Without prejudice to any provisions of these Rules, any Notice and
person who is interested in a deceased's estate may file a procedures to
prohibit grant
notice to prohibit (caveat) with the Registrar forbidding (Caveat)
the prospective grant of probate or letters of
administration (without or with a Will attached) to any Form 51, 52 53

136
 person in respect of a deceased's estate which, if granted,
will work to his prejudice or that of someone to whom he is
a guardian, and upon such filing, the Probate Registrar
shall abstain from taking any step to process any
application for the grant of probate or letters of
administration in respect of the estate indicated.
PROVIDED that the caveat shall remain in force for 6
months from the date on which it is entered and shall then
cease to have effect, without prejudice to the entry of a
further caveat or caveats.
(2) A notice to prohibit a grant of probate or administration
(without or with a Will attached) shall not affect a grant
made on the day on which the notice is filed.
Index of caveat
(3) The Registrar shall maintain an index of caveats entered
in the registry and on receiving an application for a grant in
the Registry he shall cause the index to be searched and
shall notify the applicant in the event of a caveat having
been entered against the issue or sealing of a grant for
which application has been made.
Warning (4) A caveator may be warned by the issue from the registry
of a warning in a prescribed Form at the instance of a
person interested (in this Rule called 'the person warning')
which shall state his interest and, if he claims under a Will,
the date of the Will and shall require the caveator to give
particulars of any contrary interest which he may have in
the estate of the deceased and every warning or a copy of it
shall be served on the caveator.
(5) A caveator 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 then cease to have
effect, and if he has been warned, the caveator shall
promptly give notice of withdrawal of the caveat to the
person warning.
(6) A caveator who has an interest contrary to that of the
person warning, may, within 8 days of service of the
warning upon him inclusive of the day of such service,
enter an appearance in the registry by filing prescribed
Form, accompanied with an affidavit disclosing the nature

137
 of his interest and promptly serve on the person warning,
sealed with the seal of the registry.
(7) A caveator who has no interest contrary to that of the
person warning, but wishing to show cause against the
sealing of a grant to that person, may, within 8 days of
service of the warning upon him inclusive of the day of
such service, issue and apply for directions, which shall be
returnable before the Registrar.
(8) If the time limited for appearance has expired and the
caveator has not entered an appearance, the person
warning may file in the registry an affidavit showing that
the warning was duly served and that he has not received
application for directions under sub-rule (7), and
thereupon the caveat shall cease to have effect.
(9) Upon the commencement of a probate action, the
Registrar shall, for each caveat then in force (other than a
caveat entered by the claimant), give to the caveator notice
of the commencement of the action, and on subsequent
entry of a caveat at any time when the action is pending,
shall likewise notify the caveator of the existence of the
action.

8. Where a person other than the person named as executor or Penalty for an
administrator, or an officer of the Court or person unauthorized
possession of
authorized by the Court, takes possession of and property
administers or deals with the property of a deceased
person, he shall, besides other liabilities he may incur, be
liable to a fine as the Court may order.
Declaration of
9. (1) An applicant for a grant of probate or letters of value of property
administration shall file in the Court a true declaration of
all the personal and real properties of the deceased and
their value.
(2) For purposes of the fees payable on probate and such Fees
letters of administration, the value of the property for
which the grant is made shall be deemed not to include –
(a) Gratuity payable by the Federal or State
Government of a State, or the Federal Capital Territory,

138
 Abuja, to the estate of a person formerly employed by it or a
Statutory Corporation;
(b) A sum of money payable to an estate from a Provident
Fund or Pension Fund established under any enactment.

Application
10. (1) Subject to Rule 11(4) of this Order, an applicant for a
through legal grant may apply through a legal practitioner at the probate
practitioner registry.
(2) A legal practitioner through whom an application for a
grant is made shall:
(i). Append a seal to the application.
(ii). Indicate a telephone number, email address and a
business address.

(3) Where an applicant desires for a legal practitioner,

through whom he applied, to receive the instruments of
grant on his behalf when issued, the applicant shall issue a
letter of authority to that effect which shall be produced to
the Registrar along with the application and a clause of
which shall be an indemnity in favour of the Registrar
against liability for acting on the letter of authority.

Personal 11. (1) An applicant for a grant may apply in person at the
application probate registry.
(2) A personal applicant may not apply through an agent,
whether paid or unpaid and may not be represented by any
person acting or appearing to act as his adviser.
(3) No personal application shall be received or proceeded
with where –
(a) It becomes necessary to bring the matter before the
Court on 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 registrar directs otherwise.

(4)Where a personal applicant is not able to appear in

person to meet the requirements of signing necessary

139
 processes before the Registrar or taking necessary oaths
before the commissioner for oaths, by reason only that the
applicant is resident outside Nigeria, upon an application
made by a legal practitioner appointed by the applicant, at
full cost to the applicant at a rate the Registrar may
determine from time to time, such forms may be forwarded
to the applicant at an address provided by him through
registered courier company and the necessary signatures
appended and oaths taken before a notary public in that
jurisdiction, who shall notarize all the processes and further
accompany them with a written affirmation by the notary
public that the applicant signed the forms and took the oath
before him, after which the processes are forwarded to the
Probate Registrar through registered courier company.
(5) A personal applicant shall supply all information
necessary to enable the papers leading to the grant to be
prepared in the registry or may himself prepare such
papers and lodge them unsworn, provided all prescribed
fees are paid.

12. A personal applicant shall produce the death certificate of Evidence of death

the deceased or such other evidence of the death as the

Registrar may approve.

13. Except the Registrar directs, every oath, affidavit or Oath to be taken
guarantee required of a personal applicant shall be sworn before authorized
Officer
or executed by all the deponents or sureties before an
authorized officer of Court.

14. (1) An application for a grant shall be supported by an Affidavit in

affidavit sworn by the applicant and by such other support of grant
documents as the Registrar may require.
(2) Unless otherwise directed by a Registrar, the oath shall
state where the deceased died domiciled.

15. Where it is necessary to describe the deceased in a grant by Grant in additional

name(s)
some name in addition to his true name, the applicant shall
state in the affidavit the true name of the deceased along

140
 with such other name(s) and shall depose that some part of
the estate, specifying it, was held in the other name(s) or as
to any other reason that there may be for the inclusion of the
other name in the grant.

Supplementary 16. (1) Where there are additional asset(s) not included in the
Letters of Letters of Administration issued prior, an application for
Administration or
grant for additional supplementary letters of administration could be made to
assets the Registrar by the administrators of the grant or their legal
representative.
(2) An application may be made to the Registrar by the
executor of estate for the inclusion of any property or asset
not mentioned in the Will of the testator or any additional
asset discovered after probate was granted to be included in
the estate of the testator.
(3) The provisions of Rule 9 shall apply to sub rule (1) and
(2) of this Rule as it relates to the requirement for a true
declaration and valuation of properties and assets affected
by this rule.

Accounts to be filed 17. (1) Every person to whom a grant of probate or letters of
administration has or have been made and every
administrator appointed by the Court shall, if called upon
by the Court, file in Court the account of his administration
and shall thereafter file such further periodic accounts as
the Court may direct until the completion of the
administration.
(2) An executor or administrator who fails within any such
period to file his accounts as specified shall be liable to such
penalty not less than N1,000.00 as a Court may deem fit to
impose, and every such fine shall, on non-payment, be
enforceable by distress and where distress is insufficient, by
imprisonment for a term not exceeding 6 months.
(3) Where an account is filed in Court under this Rule, the
Court shall scrutinize the account and if it appears to the
Court that by reason of improper or unjustifiable entries or
that the account is not a full and proper account, the Court
may give written notice to the person filing the account to

141
 remedy such defects within such time as the Court may
deem reasonable for the purpose, and on failure to remedy
such defects within such time, the person who filed such
defective account shall be taken to have failed to file an
account within the meaning of this Rule, and proceedings
may be taken against that person accordingly.
(4) A Court may, on the motion of an interested party, or on
its own, summon any executor or administrator failing to
file account, to show cause why he should not be punished.
(5) A Court may for good cause shown extend the time for
such filing of accounts.
(6) An executor or administrator who has been granted an
extension of time to file such accounts and who fails within
such extended time to file such accounts, shall be liable to
the penalty stated above and the procedure for bringing
him before the Court shall be invoked.
(7) In an appropriate form, the Registrar shall bring to the
notice of the Court the fact that any executor or
administrator has failed to file his accounts as required by
this Rule.
(8) The accounts shall be open, free of charge to the
inspection of all persons satisfying the Registrar that they
are interested in the administration.
(9) In this rule, the word “accounts” includes an inventory,
an account of the administration, the vouchers in hands of
the executor or administrator, and an affidavit in
verification.

18. (1) The duties and powers of a Court by this Order and Powers of a Court
Orders , 57, 58 and 59, shall be undertaken by the Registrar undertaken by the
Registrar
on behalf of the Court subject to any directions which the
Chief Judge may give, but a Court shall have power, either
on its own or on the application of an interested person, to
review any action undertaken by the Registrar and on such
review a Court shall have power to cancel anything which
may have been done by the Registrar or make such order as
may be just in the circumstances.
(2) A Court may refuse to entertain an application under

142
 this Rule where it considers that there was an unreasonable
delay by the applicant in making his application.

Effect of 19. Where an application for grant of probate or letters of

abandonment of administration has been made and a file opened for that
process by purpose but, either due to failure of the applicants to meet
applicant
requirements imposed or abandonment of the application
by the applicant or for any other fault attributable to the
applicant, the grant is not made within 6 months of the date
of commencement, the application shall lapse, and where
the applicant desires to pursue the grant thereafter, he shall
commence the process afresh, provided that the period
during which a publication as required under this Rules is
made or any delay occasioned by any official step taken by
the probate registry shall not be taken into account in
computing the 6 months.

Notice to Federal 20. Where it appears that the Federal Capital Territory, is or
Capital Territory of may be beneficially interested in the estate of a deceased
intended
application for person, notice of intended application for a grant shall be
grant given by the applicant to the Attorney- General of the
Federation, and the Registrar may direct that no grant shall
issue within a specified time after the notice has been given.

Resealing of grant 21. (1) An application for the resealing of probate or letters of
administration granted by the Court of a place not within
the Federal Capital Territory, shall be made by the person to
whom the grant was made or, subject to Rule 11(4) of this
Order, by a legal practitioner authorized to apply on his
behalf.

(2) On any such application –

(a) an affidavit shall be lodged as if the application were
one for a grant in the Federal Capital Territory;
(b) The application shall be advertised in such manner as
the Registrar may direct and shall be supported by an oath
sworn by the person making the application.

143
 (3) On an application for the resealing of such a grant the
Registrar shall not require sureties except where it appears
to him that there are special circumstances making it
desirable to require sureties.
(4) Except by leave of the Registrar, no grant shall be
resealed unless it was made to such a person mentioned in
the Probate or Letters of Administration sought to be
resealed.
(5) No limited or temporary grant shall be resealed except
by leave of the Registrar.
(6) A grant lodged for resealing shall include a copy of any
Will or letters of administration to which the grant relates or
shall be accompanied by a copy of it certified as correct by or
under the authority of the Court by which the grant was
made.
(7) Upon receipt of an application for resealing; the
Registrar shall send notice of the application to the Court
which made the grant, at a cost to be borne by the applicant,
and if after 21 days no adverse response is received
regarding the authenticity of the grant, he may proceed to
process the application.
(8) Where notice is received in the Registry from outside the
Federal Capital Territory, of the resealing of a grant made in
the Federal Capital Territory, notice of any amendment or
revocation of the grant shall be sent to the Court by which it
was resealed.

22. (1) A grant of probate or letters of administration may be Revocation of grant

revoked by the Probate Registrar for any of the following
reasons:
(a) the proceedings to obtain the grant were defective in
substance; or
(b) the grant was obtained fraudulently by making a false
claim, or by concealing from the Court something
material to the application; or
(c) the grant was obtained by means of an untrue
allegation of a fact essential in point of law to justify the
grant, though such allegation was made in ignorance or

144
 inadvertently; or
(d) the grant has become useless and inoperative through
circumstances; or
(e) the person to whom the grant was made has willfully
and without reasonable cause omitted to exhibit an
inventory or account as necessary to assist the probate
registry, or has exhibited an inventory or account
which is untrue in a material respect.

(2) Where the Registrar is satisfied that a grant should be

revoked, he may make an order accordingly, but in special
circumstances, no grant shall be revoked under this Rule
except on the application or with the consent of the person
to whom the grant was made.

Limited grant 23. (1) An application for an order for a grant limited to part of
an estate may be made to the Registrar and shall be
supported by an affidavit stating –
(a) Whether the application concerns the real estate only or
any part of it, or real estate together with personal
estate or of a trust estate only;
(b) Whether the estate of the deceased is known to be
insolvent;
(c) That the persons entitled to a grant of the whole estate
in priority to the applicant have been cleared off.

(2) An application for a limited grant shall not be granted

where the objective of the application can be achieved by a
re-issue of an earlier grant or by a supplementary grant to
an existing grant.

Application for 24. An application for leave to swear to the death of a person in
leave to swear to
the death of the
whose estate a grant is sought may be made to the Registrar
deceased and shall be supported by an affidavit setting out the
grounds of the application and containing particulars of
any policies of insurance effected on the life of the
presumed deceased.

145
25. (1) Where a surviving spouse who is the sole personal Notice of election
by surviving
representative of a deceased is entitled to a life interest in a spouse to redeem
part of the residuary estate and elects to have the life life interest
interest redeemed, he may give written notice of the
election to the Registrar by filing a notice in the prescribed
form in the registry.
(2) A notice filed under this Rule shall be noted on the grant
and the Record and shall be open to inspection.

26. (1) Where a citizen of any foreign country dies within Death of citizen of
jurisdiction without leaving a spouse or next-of-kin within foreign country
within jurisdiction
jurisdiction, the Registrar shall collect and secure all
moneys and other properties belonging to the deceased,
and shall then request the Permanent Secretary Ministry of
Foreign Affairs to inform the nearest consular officer of that
country of the death of the deceased and transmit to him a
list of the money(s) and property(ies) of the deceased.
(2) An application may be made to a Court by a consular
officer or by any person authorized by him in writing and
under the consular seal, for leave to administer the estate of
the deceased and the Court may make or vary such order as
to security for payment of debts and the method of
administration as the Court shall deem fit.
(3) Where an application for grant of probate or letters of
administration is made in respect of the estate of the citizen
of a foreign country, the application will be processed as if it
were that of a Nigerian citizen, without prejudice to the
discretion of the Registrar to request such further
information or confirmations from the Permanent
Secretary Ministry of Foreign Affairs or the nearest
consular office of the deceased person's country.

27. Where a deceased died domiciled outside jurisdiction, the Grant where
deceased died
Registrar may order that a grant be issued to – domiciled outside
(a) A person entrusted with the administration of the jurisdiction
estate by the Court having jurisdiction at the place where
the deceased died;
(b) A person entitled to administer the estate by the law of

146
 the place where the deceased died domiciled;
(c) Any other person as the Registrar may direct where
paragraphs (a) and (b) do not apply;
(d) Any other person jointly with a person referred to in
paragraphs (a) and (b), or at least two administrators where
the Registrar directs, Provided that without any order as
aforesaid,
(i) Probate or any Will which is admissible to proof
may be granted where –
(a) The Will is in English or in the local vernacular, to
the executor named therein;
(b) The Will describes the duties of a named person in
terms sufficient to constitute him an executor
according to the tenor of the Will;
(ii) Where the whole of the estate in the jurisdiction,
consists of immovable property, a grant limited to it
may be made in accordance with law applicable in
the Federal Capital Territory.

Limited grants to 28. (1) Where a person entitled to a grant resides outside
Attorneys jurisdiction, a grant may be made to his lawfully
constituted attorney for his use and benefit, though limited,
until that person obtains a grant, but where the person
entitled is an executor, administration shall not be granted
to his attorney without notice to other executors, if any.

(2) Where a Registrar is satisfied by an affidavit that it is

desirable for a grant to be made to the lawfully constituted
attorney of a person entitled to a grant and resident within
jurisdiction, he may direct that a grant be made to the
attorney for the use and benefit of that person, though
limited, until that person obtains a grant.

Grants on behalf of 29. (1) Subject to sub-rule (3) below, a grant to a minor before
infants
the attainment of the age of 18, shall be issued to –
(a) One or both parents of the infant jointly or to any
guardian appointed by a Court of competent jurisdiction;
or

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 (b) if there is no guardian able and willing to act and the
infant has attained the age of 16 years, to any next of kin
nominated by the infant or where the infant is a married
woman, to any such next of kin or to her husband if
nominated by her.
(2) A person, nominated under sub-rule (1)(b), may
represent any other infant whose next of kin he is, being an
infant below the age of 16 years entitled in the same degree
as the infant who made the nomination.
(3) Administration for the use and benefit of the infant until
he attains the age of 18 years may be granted to any person
assigned as guardian by order of a Court in default of, or
jointly with or to the exclusion of, a person mentioned in
sub rule (1), and such an order may be made on an
application by the intended guardian, who shall file an
affidavit in support of the application and if required by the
Court, an affidavit of fitness sworn by a responsible person.
(4) Where a grant is required to be made to not less than 2
persons and there is only one person competent and willing
to take a grant under the preceding provisions of this rule, a
grant, unless the Registrar directs, may be made to such
person jointly with any other person nominated by him as a
fit and proper person to take a grant.
(5) Where an infant who is sole executor has no interest in
the residuary estate of a deceased, administration with the
Will attached for the use and benefit of the infant until he
attains the age of 18 years shall, unless the Registrar directs,
be granted to the person entitled to the residuary estate.

30. (1) Where a Registrar is satisfied that a person entitled to a Grants in case of
grant is by reason of mental or physical incapacity mental or physical
incapacity
incapable of managing his affairs, a grant for his use and
benefit, limited during his incapacity or in such other way
as the Registrar may direct, may be made –
(a) In the case of mental incapacity, to the person
authorized by the Court to apply for the grant; or
(b) Where no person is authorized or in the case of physical
incapacity, if the person incapable is entitled –

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 (i) As executor and has no interest in the residuary
estate of the deceased, to the person entitled to such
residuary estate;
(ii) As an executor having an interest in residuary estate
of the deceased, to the person who would be entitled
to a grant in respect of his estate if he had died
intestate or to such other person.
(2) Except the Registrar directs, no grant shall be made
under this rule unless all persons entitled in the same extent
as the person incapable have been cleared off.
(3) In the case of mental incapacity, notice of intended
application for a grant under this rule shall, except the
Registrar directs, be given to the person alleged to be so
incapable.

Guarantee as a 31. (1) The Registrar shall not require a guarantee as a condition
condition of making a grant except where it is proposed to make it –
(a) To a creditor or the personal representative of a creditor
or to a person who has no immediate beneficial interest
in the estate of the deceased but may have such an
interest in the event of an accretion to the estate;
(b) To a person or some of the persons who would, if the
person beneficially entitled to the whole of the estate
died intestate, be entitled to his estate;
(c) To the attorney of a person entitled to a grant;
(d) For the use and benefit of a minor;
(e) For the use and benefit of a person who is by reason of
mental or physical incapacity incapable of managing
his affairs;
(f) To an applicant who appears to the Registrar to be
resident elsewhere than in the Federal Capital
Territory; or
(g) Where the Registrar considers that there are special
circumstances making it desirable to require a
guarantee.
(2) Despite a proposal to make a grant as above, a guarantee
shall not be required, except in special circumstances, on an
application for administration where the applicant or one

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 of the applicants is the Administrator- General or a trust
corporation.
(3) Every guarantee entered into by a surety for the
purposes of this order, shall be as in Form 49, as in the
Appendix.
(4) Except where the surety is a corporation, the signature of
the surety on every such guarantee shall be attested by an
authorized officer, commissioner for oaths or other person
authorized by law to administer an oath.
(5) Except the Registrar directs –
(a) If it is decided to require a guarantee, it shall be
given by two sureties, except where the gross value
of the estate does not exceed N500,000.00 or a
corporation is a proposed surety and, in these cases,
one will suffice;
(b) No person shall be accepted as a surety unless he is
resident in the Federal Capital Territory;
(c) No officer of the judiciary shall become a surety
unless the officer has a personal affinity with the
estate of the deceased;
(d) The limit of the liability of the surety or sureties
under a guarantee shall be the gross amount of the
estate as sworn on the application for the grant;
(e) Every surety, other than a corporation, shall justify.

(6) Where a proposed surety is a corporation, there shall

be filed an affidavit by the proper officer of the
corporation to the effect that it has power to act as surety
and has executed a guarantee as prescribed by its
constitution, containing sufficient information as to the
financial position of the corporation to satisfy the
Registrar that its assets are sufficient to satisfy all claims
which may be made against it under any guarantee which
it has given or is likely to give.

Re-issuance of
32. (1) Upon application made to the Registrar, a grant of grant
probate or letters of administration may be re-issued, in all
particulars retaining its initial details except to the extent

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 the Registrar may vary the grant in any of the following
circumstances:
(a) there was error or disparity or omission in the
name or the names of the deceased or of the
grantees and it has become necessary to correct or
reconcile same;
(b) there was error in the date of death or place of
death of the deceased;
(c) there was more than one grantee, and a grantee
has died and require to be replaced;
(d) a grantee was appointed in that capacity as
guardian to a minor who has now attained majority
and needs to replace the earlier grantee;
(e) a grantee has become unfit to continue as an
administrator due to mental or physical incapacity,
bankruptcy, conviction for dishonesty etc., or other
circumstances has arisen that makes his
continuation as an administrator inappropriate,
provided that necessary proof of such incapacity or
circumstance must be provided;
(f) there was error in the description of any item in
the inventory of properties and it has become
necessary to correct same.

(2) Where an application for rectification and reissue of

grant pertains to errors concerning the names of grantees,
the replacement of grantees, the description of properties
and such other circumstances as the Probate Registrar may
consider vital:
(a) an application for reissuance of a grant shall be treated
as if it were a new application for a grant of probate or
letters of administration to which all the prescribed
requirements will apply and the application shall be
additionally accompanied with the original copy of the
grant sought to be rectified and reissued, provided that
where the error occasioning a rectification is due to the
fault of the probate registry, the requirement of
publication shall not apply.

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 (b) where a grantee is sought to be replaced, the consent of
such grantee must accompany the application, unless
the circumstances are such that it was impossible for
him or his conduct has made him not deserving to give
such consent.

(3) It is in the absolute discretion of the Registrar to revoke a

grant rather than approve and permit a rectification of a
grant for re-issue where he considers that the
circumstances are such that revocation will better preserve
the estate and the integrity of the powers of the Registrar.
(4) Where a rectification is approved for re-issue of a grant,
the original copy of the now rectified grant must be
surrendered to the Registrar and where the original is
claimed to be lost, the applicant shall produce a copy
accompanied with a police report of the circumstances of
the loss.

33. Where evidence as to the law of a country or territory Evidence of foreign

outside the Federal Capital Territory, is required on an law
application for a grant, the Registrar may accept an
affidavit from a person whom, having regard to the
particulars of his knowledge or experience given in the
affidavit, he regards as suitably qualified to give expert
evidence of the law in question.

ORDER 57
Grant of Letters of Administration (Without Will)

Grant of Letters of
1. Grant of Letters of Administration (without Will) may be
Administration
applied for and issued where a deceased person died
without a Will (total intestacy) and so did not appoint
executors or where some part of his estate is not covered by
the Will and there is no residuary clause (partial intestacy)
or where the Will is declared invalid.

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Evidence to 2. (1) A Court shall require evidence, in addition to that
ascertain Identity
offered by the applicant, where additional evidence in that
regard seems to the Court necessary or desirable, to
ascertain:
(a) the identity of the deceased or of the applicant; or
(b) the relationship of the applicant to the deceased; or
(c) any person or persons in existence with a right equal or
prior to that of the applicant to the grant of probate or
administration sought by the applicant; or
(d) any other matter which may be considered by the Court
relevant to the question whether the applicant is the proper
person to whom the grant should be made.

(2) The Court may refuse the grant unless the applicant
produces any of the requirements in paragraphs (a) – (c) or
as may be required by the Court.

Court may refuse 3. (1) Where it appears to a Court that some person(s) other
grant until all than the applicant may have at least an equal right with the
persons interested
are given due
applicant to the grant sought, the Court may refuse the
notice grant until due notice of the application has been given to
such other person(s) and an opportunity given for such
person(s) to be heard on the applicant's prior right.
(2) Such other persons ordinarily equally eligible to be
granted letters of administration by virtue of their affinity
to the deceased may indicate their acquiescence by writing
a letter of their consent to the Registrar, accompanied with
a verifiable means of identification, and a clause in the
letter shall contain an indemnity in favour of the Registrar
against liability for acting on such expression of consent.

Inquiries answered 4. (1) In no circumstance shall a Court issue letters of

before grant administration until all inquiries which the Court deems fit
to make have been answered to its satisfaction.
(2) A Court shall, however, afford reasonable facility for
the obtaining of letters of administration as is consistent
with due regard to the prevention of error and fraud.

153
5. (1) A person seeking for Letters of Administration shall Surety bonds

give a bond, with at least two sureties, to the Registrar of

the Court, as a condition for duly collecting, getting in and
administering the personal property of the deceased, and
such sureties shall be to the satisfaction of the Registrar.
(2) A Court may, if it deems fit, take one surety only.
3) The bond shall be in a penalty of double the amount
under which the personal estate of the deceased is sworn,
unless the Court in any case deems it expedient to reduce
the amount.
(4) The Court may also in any case direct that more bonds
than one shall be given, so as to limit the liability of a surety
to such amount as the Court deems reasonable.

6. (1) Where a person dies, the person(s) entitled to a grant of Order of priority
administration without a Will annexed shall be determined for grant of letter of
in the following order of priority – administration

(a) The person(s) listed as next-of-kin;

(b) The spouse;
(c) The child/children of the deceased;
(d) The parent(s);
(e) The sibling(s) of the deceased;
(f) Any other close relative(s) in the absence of the
above.
(2) However, in all cases, letters of administration shall be
granted to, at least, two persons as grantees but where the
circumstances warrant for a grant to be made to a single
grantee, the applicant shall make a formal application to
the Registrar, showing good reasons, for his approval to be
a sole grantee for the letters of administration.
(3) To assist the Registrar in determining the appropriate
grantee, in the cases of deceased persons in some formal
employment, the Registrar may require a letter of
confirmation of the next of kin in the employer's official
records, provided that where the next of kin(s) in such
official records is someone other than the immediate or
nuclear family of the deceased, the Registrar may take into
account any time interval between when the record was

154
 made and the time of death as to suggest that change of
circumstances could have affected the intention of the
deceased.

Publication of 7. (1) Where the applicant for the grant, resealing or re-issue
application for of letters of administration has completed and complied
grant
with such requirements as may be imposed by the
Registrar, the Registrar shall cause a publication or
advertisement of the application to be made in one
newspaper widely circulating in Nigeria, stating the
pendency of the application for grant, resealing or re-issue
of letters of administration in respect of the estate of the
named deceased in favour of named applicants, and calling
for any objection thereto, if any, to be made to the Registrar
within twenty-one (21) days of the date of publication.
Objection to (2) Where any objection is entered in response to the
application for
grant
publication above, the Registrar shall immediately cease to
act on the application and communicate this fact to the
applicants and fix a date for hearing both the applicant and
the objector and if the Registrar considers that the objection
raises substantial issues sufficient to uphold it and his
mediation did not bring agreement between the objector
and applicant, he shall refer the parties to the court for
adjudication.
(3) An objection may be lifted if the objector withdraws it or
the objector and the applicant for grant comes to an
agreement, or after reasonable time, not being less than 14
days inclusive of the day of service, the objector failed to
answer a summons by the Registrar to enable him justify
the entering of the objection.

Grant to be signed 8. The grant of letters of administration under this Order shall
by Chief Judge or
his designate be signed by the Chief Judge or a Judge designated by him.

9. Where letters of administration was granted and it

Revocation of later
grant subsequently comes to the notice of the Registrar that a
prior letters of administration or probate has been granted
in respect of the same deceased's estate, but at the time of

155
 applying for the subsequent grant the grantees, whether
advertently or inadvertently, omitted to disclose the
existence of the prior letters of administration, the
Registrar shall revoke the letters of administration or
probate later in time.

ORDER 58
Grant of Letters of Administration (with Will attached)

1. Unless hereinafter specifically provided, the procedure Application of

prescribed for grant of letters of administration without Order 57
Will in Order 57 shall apply to this order with such
modifications as the circumstances may require.

Order of priority
2. (1) Where a person dies, the person(s) entitled to a grant of
for grant of
letters of administration with the Will annexed shall be Letters of
determined in the following order of priority – administration
(a) The executor;
(b) Any residuary legatee or devisee holding in trust for
any other persons;
(c) A residuary legatee or devisee for life;
(d) A residuary legatee or devisee whose legacy is vested in
interest;
(e) The ultimate residuary legatee or devisee, including
one entitled on the happening of a contingency or,
where the residue is not wholly disposed of by the Will:
(i) A person entitled to share in the residue not
disposed of by Will, or his personal representative;
(ii) A legatee or devisee entitled to a share in the estate
disposed of;
(f) A specific 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 it, may
have a beneficial interest in the event of an accretion
thee or devisee or creditor, a personal representative of
any such person or, where the estate is not o it;
(g) A specific legatee or devisee entitled on the happening

156
 of a contingency, or a person having no interest under
the Will of the deceased who would have been entitled
to a grant if the deceased had died wholly intestate.

(2) Where the residue is not in terms wholly disposed

of, the Registrar may, if satisfied that the testator has
disposed of the whole or substantially the whole of the
estate as ascertained at the time of the application for
the grant, allow a grant to be made to any legatee or
devisee entitled to, or to a share in the estate so disposed
of, without regard to the persons entitled to share in a
residue not disposed of by the Will.

Inspection of Will 3. (1) On receipt of an application for letters of administration

as to its execution with Will annexed, the Probate Registrar shall inspect the
Will and see whether it appears to be signed by the testator
or by some other person in his presence and by his
direction, and subscribed by two witnesses according to
the relevant provisions of the law and shall not proceed
further if the Will does not appear to be so signed and
subscribed.

(2) Where a Will appears to be signed and subscribed, the

Registrar shall then refer to the attestation clause (if any)
and consider whether the wording states the Will to have
been, in fact, executed in accordance with those provisions.
Joinder of 4. (1) Where there is no proving executor, an application to
administrator join with a person entitled to a grant of administration with
the Will attached –
(a) another person in a lower degree in default of
renunciation by all persons entitled in priority to him;
or
(b) another person having no right to the grant, may be
made to the Registrar,supported by an affidavit of a
person entitled, the consent of the person proposed to
be joined as personal representative and such other
evidence as the Registrar may require.

157
 (2) The following may without an application be joined
with a person entitled to administration with the Will
attached –
(i) Any kin of the deceased having no beneficial interest in
the estate, on the renunciation of all persons entitled to
join in the grant;
(ii) Unless the Probate Registrar directs, a person
nominated for that purpose, by the infant's guardian;
(iii) A trust corporation.

5. (1) An application to add a personal representative shall be Additional personal

made to the Registrar and shall be supported by an representatives

affidavit by the applicant, with the consent of the person

proposed to be added as personal representative and such
other evidence as the Registrar may require.

(2) On an application, the Probate Registrar may direct that,

a note shall be made on the original grant of the addition of
a further personal representative, or he may impound or
revoke the grant or make an order as the circumstances
require.

6. Where the beneficial interest in the whole estate of a Holder of beneficial

deceased is vested absolutely in one person who has interest renouncing
renounced his right to a grant of administration with the his right

Will attached and has consented to such administration

being granted to a person(s) who would be entitled to his
estate if he himself had died intestate, administration may
be granted to such person or more (not exceeding four) of
such persons, but a surviving spouse shall not be regarded
as a person in whom the estate has vested absolutely,
unless he would be entitled to the whole of the estate,
whatever its value may be.

7. (1) Renunciation of probate by an executor shall not Renunciation of

probate and
operate as renunciation of any right which he may have to a administration
grant of administration in some other capacity unless he
expressly renounces such right.

158
 (2) Except the Registrar directs, no person who has
renounced a grant in one capacity may obtain a grant in
some other capacity.
(3) A renunciation of probate or administration may be
retracted at any time on the Order of the Registrar, but only
in exceptional circumstances may leave be given to an
executor to retract a renunciation of probate after a grant
has been made to some other person entitled in a lower
degree.

ORDER 59
Probate (Non-Contentious) Procedure

Deposition of will
1. (1) A person may, in his lifetime, deposit for safe custody in
by testator the Probate Registry his own Will, under his own seal and
that of the Court.
(2) The person depositing the Will shall furnish the
Registrar with names/addresses of not less than two
persons who shall be notified for the opening of the Will.
(3) On receipt of an application to deposit a Will, the
Registrar shall inspect the Will and see whether it appears
to have been signed by the testator or by some other person
in his presence and by his direction, and subscribed by two
witnesses according to the provisions of the law, and shall
not proceed further if the Will does not appear to be so
signed and subscribed.
(4) Where a Will appears to be signed and subscribed, the
Registrar shall then refer to the attestation clause (if any)
and consider whether the wording states the Will to have
been, in fact, executed in accordance with those
provisions.

Evidence of due 2. (1) Where a Will contains no attestation clause or the

execution of Will attestation clause is insufficient or where it appears to the
Registrar that there is some doubt about the due execution
of the Will, the Registrar shall before admitting it to proof,
require an affidavit as to due execution from one or more

159
 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 an affidavit cannot be obtained in accordance
with sub-rule (1), the Registrar may, if he deems fit having
regard to the desirability of protecting the interest of a
person who may be affected by the Will, accept evidence
on affidavit from any person he thinks fit to show that the
signature on the Will is the handwriting of the deceased or
of any other matter which may raise a presumption in
favour of the due execution of a Will.
(3) Where the Registrar, after considering evidence –
(a) Is satisfied that the Will was not duly executed in
accordance with relevant enactments, he shall
refuse probate and shall mark the Will
accordingly;
(b) Is doubtful whether the Will was duly executed,
he may refer the matter to the court on motion.

3. Before admitting to proof, a Will which appears to have Execution of Will

of blind or illiterate
been signed by a blind or illiterate testator or by another testator
person by direction of a testator, or which for any reason
gives rise to doubt as to the testator having had knowledge
of the contents of the Will at the time of its execution, the
Registrar shall satisfy himself that the Will was read over
to the deceased before its execution or that he had at that
time knowledge of its contents.

Evidence of terms,
4. (1) Where there appears in a Will any obliteration, conditions & date
interlineations, or other alteration which is not of Will
authenticated in the manner prescribed by law or by the re-
execution of the Will or by the execution of a codicil, the
Registrar shall require evidence to show whether the
alteration was present at the time the Will was executed
and shall give directions as to the form in which the Will is
to be proved, but this sub-rule shall not apply to an
alteration which appears to the Registrar to be of no
practical importance.

160
 (2) Where from a mark on a Will, it appears to the Registrar
that some other document has been attached to the Will or
if a Will contains any reference to another document in
such terms as to suggest that it ought to be incorporated in
the Will, the Registrar may require the document to be
produced and call for evidence regarding the
attachment(s) or incorporation.
(3) Where there is doubt as to the date on which a Will was
executed, a Registrar may require such evidence as he
thinks necessary to establish the date.

Attempted 5. Any appearance of attempted revocation of a Will by

revocation of Will burning, tearing or other circumstance leading to a
presumption of revocation by the testator, shall be
accounted for to the Registrar's satisfaction.

Affidavit as to due
6. The Registrar may require an affidavit from a person he
execution, terms, thinks fit for purposes of satisfying himself as to any of the
etc of Will matters referred to in rules 16, 17, 18 and 19, and where an
affidavit is sworn to, by an attesting witness or other
person present at the time of the execution of a Will, the
deponent shall depose to the manner in which the Will was
executed.
Wills of persons on
military service & 7. Where it appears to the Registrar that there is prima facie
seamen evidence that a Will is one to which section 9 of the Wills
Act, 1837, or an equivalent enactment in force in the
Territory applies, the Will may be admitted to proof if the
Registrar is satisfied that it was made by the testator in
accordance with the provisions of that enactment.

Restriction on 8. After a Will has been deposited in the registry by a personal

delivery of will
applicant, it may not be delivered to the applicant or to any
other person unless in special circumstances the Registrar
so direct.

Will not to be given 9. (1) An original Will shall not be delivered out for any
out without order
of court
purpose without the direction in writing of the Court

161
 where the Will is filed.
(2) A certified transcript, under the seal of Court, of the
probate or administration with the Will annexed may be
obtained from the Court.

10. (1) An application for an order admitting to proof a codicil Application for an
or a Will contained in a copy, a completed draft, a order to proof
codicil or will
reconstruction or other evidence of its contents where the
original Will is not available, may be made to the Registrar,
but where a Will is not available owing to its being retained
in the custody of a foreign Court or official, a duly
authenticated copy of the Will may be admitted to proof
without an Order.
(2) The application in sub rule (1) shall be supported by an
affidavit setting out the grounds of the application and by
such evidence on affidavit as the applicant can adduce as
to–
(a) The due execution of the Will;
(b) Its existence after the death of the testator; and
(c) The accuracy of the copy or other evidence of the
contents of the Will, together with any contents in
writing to the application given by any person not
under disability who would be affected by the grant.

11. (1) Upon the death of a testator, any person with a Application for
opening of the Will
connection to the deceased may request for the opening of
the Will by an application to the Registrar supported with a
death certificate.

(2) The Registrar shall notify the persons listed in Rule 1(2)
above and family members to the opening of the Will on a
date fixed for the opening.
(3) On the date fixed for the opening, all parties listed shall
be seated and the Registrar shall open and read the Will and
thereafter issue to each person a CTC of the Will upon
payment of a prescribed fee.
(4) Where any property is not mentioned in the Will of a
deceased, the proven Executors shall apply for Letters of

162
 Administration in respect of the said property and such
application shall be accompanied by the Probate.

Order of priority
12. Where a person dies, the person(s) entitled to a grant of
for granting probate shall be determined in the following order of
probate priority–
(a) The executor;
(b) Any residuary legatee or devisee holding in trust for
any other persons;
(c) A residuary legatee or devisee for life;
(d) A residuary legatee or devisee whose legacy is vested
in interest;
(e) The ultimate residuary legatee or devisee, including
one entitled on the happening of a contingency or,
where the residue is not wholly disposed of by the Will,
(i) A person entitled to share in the residue not
disposed of by Will, or his personal representative;
(ii) A legatee or devisee entitled to a share in the estate
disposed of;
(f) A specific legatee or devisee or creditor, a personal
representative of any such person or, where the estate is not
wholly disposed of by Will, any person who,
notwithstanding that the amount of the estate is such that
he has no immediate beneficial interest in it, may have a
beneficial interest in the event of an accretion to it;
(g) A specific legatee or devisee entitled on the happening
of a contingency, or a person having no interest under the
Will of the deceased who would have been entitled to a
grant if the deceased had died wholly intestate.
(2) Where the residue is not in terms wholly disposed of,
the Registrar may, if satisfied that the testator has disposed
of the whole or substantially the whole of the estate as
ascertained at the time of the application for the grant,
allow a grant to be made to any legatee or devisee entitled
to, or to a share in the estate so disposed of, without regard
to the persons entitled to share in a residue not disposed of
by the Will.

163
13. On receipt of an application for grant of probate, the Grant of probate

Registrar shall grant probate to the executor(s) or such

other persons in accordance with these Rules.

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

15. (1) Where one of two or more executors is an infant, probate Grants where
infant is co-
may be granted to the other executor or executors not executor
under disability, with power reserved for making a similar
grant to the infant on his attaining the age of 18 years and
administration for the use and benefit of the infant until he
attains the age of eighteen years may be granted under Rule
31, if the executors who are not under disability renounce
or on being cited to accept or refuse a grant, fail to make an
effective application accordingly.
(2) An infant executor's right to probate on attaining the age
of eighteen years may not be renounced by any person on
his behalf.

16. (1) An original Will, of which probate or letter of Custody of Will of

administration with Will annexed is granted, shall be filed which probate is
granted
and kept in the Registry, in such manner as to secure the
due preservation and convenient inspection of it.
(2) A copy of every such Will and of the probate or letter of
administration shall be preserved in a book kept for the
purpose in the Registry.

164
Application for 17. (1) An application for an order requiring a person to bring
order to bring in a
Will or attend for in a Will or to attend for examination may, unless a probate
examination action has been commenced, be made to the Court by
summons, which shall be served on such person.
(2) An application to the Court for the issue of a subpoena
to bring in a Will, shall be supported by an affidavit setting
out the grounds of 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.

Issue of copies of 18. (1) Where copies are required of original Wills or other
Will and other
documents
documents deposited under the provisions of a written
law, such copies may be under the seal of the Registry and
issued as office copies and where such office copies are not
available, copies certified under the hand of the Registrar to
be true copies, shall be issued only if it is required that the
seal of the Court be affixed to it.
(2) Copies, not being Photocopies of original Wills or other
documents deposited, shall be examined against the
documents of which they purport to be copies, if required
by the person demanding the copy and in such case the
copy shall be certified under the hand of the Registrar to be
a true copy and may, in addition, be under seal of the Court.

Submission of 19. (1) A person having in his possession or under his control a
testamentary
documents paper or writing of a deceased, being or purporting to be
testamentary, shall promptly deliver its original to the
Registrar.
(2) Where a person fails to deliver any paper or writing of
any deceased person within 14 days after having
knowledge of the death of the deceased, he shall be liable to
a fine not less than N50,000.00.

Marking of Wills 20. A Will in which an application for grant is made shall be
marked by the signatures of the applicant and the person
before whom the oath is sworn and shall be exhibited to an
affidavit which may be required under this Order, as to the
validity, terms, condition or date of execution of the Will,

165
 but where the Registrar is satisfied that compliance with
this Rule might result in the loss of a Will, he may allow a
photocopy of it to be marked or exhibited in lieu of the
original document.

21. (1) Where the Registrar considers in a particular case a Engrossment of

photocopy of the original Will would not be satisfactory for original will for
purpose of record
purposes of record, he may require an engrossment
suitable for photocopy.
(2) Where a Will contains alterations which are not
admissible to proof, there shall be lodged an engrossment
of the Will in the form in which it is to be proved.
(3) An 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 bookwise, on durable paper following
continuously from page to page.
(4) Where any pencil writing appears on a Will, there shall
be lodged a copy of the Will or of the pages or sheets
containing the pencil writing, in which there shall be
underlined in red ink those portions which appear in pencil
in the original.

22. Where a gift to a person fails because he is an attesting Grant to attesting

witness or the spouse of an attesting witness, that person witnesses, etc.
shall not have a right to a grant as a beneficiary named in
the Will, but shall have his right to a grant in any other
capacity preserved.

ORDER 60
Probate (Contentious) Procedure

1. (1) Where a person appointed as an executor under a Will Citation to accept

or reject grant of
fails or neglects or delays to apply for a Grant of Probate in
probate
order to administer the estate, and has not renounced
probate, with due regard to the degree of priority, either the
next of kin of the deceased, a beneficiary under the Will or

166
 some other persons entitled to the Grant of Probate (known
as 'the Citor'), may proceed by way of Citation to compel
the executor or executors (known as 'the Citees') to accept
or refuse a Grant of Probate.
(2) To proceed by way of Citation, the Citor shall:
(a) have entered a caveat in the manner provided
under this Rules to prevent a grant of probate
from being issued;
(b) produce a copy of the Will, attached to the
Citation;
(c) set out the reason for its issue, the interest of the
Citor issuing it and the order the Citor is asking
to be made in the Citation;

PROVIDED that where the Citor does not have a copy of

the Will or testamentary document, for the purposes of the
Citation a subpoena to produce same shall be
contemporaneously served on the person in possession to
produce it.
(3) A citation shall not issue under the seal of the Court
until an affidavit, in verification of the averments it
contains, has been filed in the Registry.
(4) Upon issue, the Citation shall be served on the Citee in
the manner processes are prescribed to be served under
these Rules, requiring him to enter an appearance with the
registry within 8 days from the date of service on him,
inclusive of the date of such service.
(5) Upon being served, the Citee may:
(a) Apply for a grant of probate, in which case the
Citation abates;
(b) Provide a valid explanation as to why probate has
not yet been granted or applied for, and if such
explanation is offered, the Court shall dismiss the
citation; or
(c) Renounce their executorship.

(6) Upon proof that the Citee was served:

(a) Where he fails to enter an appearance, the Citee may

167
 be deemed to have constructively renounced
probate or the Citor can seek an order either
requiring the Citee to take the Grant out within a
specified time or the removal of the Citee as an
executor or the Citor can himself apply for the grant
of probate or a grant of administration with Will
annexed in relation to the testamentary document.
(b) Where the Citee enters an appearance but
renounces probate or, while not renouncing
probate, the Citee still fails to apply for a Grant, the
Citor can apply for himself a grant of probate or a
grant of administration with Will annexed in
relation to the testamentary document.

(7) Where there are conflicting claims for a grant among the
members of a class entitled to administration, the grant
shall be made to such of the claimants as the Registrar shall
select having given not less than 21 days' notice to the rival
claimants, or on objection made in writing within the said
period, to such person as the Court shall select.

2. (1) If a deceased person has made several Wills and a Citation to

beneficiary discovers or apprehends that they may receive propound a Will
less under an earlier Will or under intestacy, such
beneficiary (the citor) may apply to propound the Will by
way of citation, thereby compelling the persons (the citees)
who stand to benefit under the later Will to decide whether
to propound or prove it, and make it susceptible to be
contested, and upon failure to propound or prove the Will,
for it to be assumed to be invalid.
(2) A citation to propound a Will shall be directed to the
executors named in the Will and to all persons interested in
it.
(3) If time limited for appearance has expired, the citor
may–
(a) in the case where no person cited has entered an
appearance, apply to the Registrar for a grant as if the
Will were invalid and such application shall be

168
 supported by an affidavit showing that the citation was
duly served; or
(b) in the case where the person cited who has entered
an appearance failed to proceed with reasonable
diligence to propound the Will, apply to the Registrar
by summons, which shall be served on every person
cited who has entered an appearance, for such an order
as is mentioned in paragraph (a) above.

ORDER 61
Proceedings in Probate & Administration Actions

Suit under probate 1. Suits for probate/administration shall be instituted and

carried on, subject to the Rules of procedure in ordinary
civil claims.

Assignment of
bond for suit
2. The Registrar may, on being satisfied that the condition of a
bond has been broken, assign it to some person and that
person may then sue on the bond in his own name, as if it
had been originally given to him instead of the Registrar
and may recover then, as trustee for persons interested, the
full amount recoverable in respect of any breach of the
bond.

Application for
3. A person claiming to be a creditor or legatee, or the next of
summons to show kin, or one of the next of kins, of a deceased, may apply for
cause and obtain a summons from Court requiring the executor
or administrator, of the deceased to attend before the Court
and show cause why an order for the administration of the
property of the deceased should not be made.

4. (1) On proof of service of the summons or on appearance of

Order for
administration of
the executor or administrator and on proof of all such other
deceased's property things as the Court may direct, a Court may, make an order
for the administration of the property of the deceased.
(2) A Court may make or refuse the order, or give any
special directions respecting the carriage or execution of it,

169
 and in the case of applications for the order by two or more
different persons or classes of persons, may grant it to such,
as it deems fit.
(3) Where a Court deems fit, the carriage or execution of the
order may subsequently be given to such person and on
terms.
(4) On making of an order, or at any time afterwards, a
Court may, if it deems fit, make any other order which
appear requisite to secure the proper collection, recovery
for safe-keeping and disposal of the property or any part of
it.

5. (1) In case of intestacy, where the special circumstances of Administration

the case appear to the Court so to require, a Court may, if it may be granted to
officer
deems fit, on the application of any person having interest
in the estate of the deceased or of its own motion, grant
letters of administration to an officer of the Court, to a
consular officer or to a person in the service of the
Government.
(2) The officer or person so appointed shall act under the
direction of the Court and shall be indemnified.
(3) A Court shall require and compel him to file in the Court
the accounts of his administration of the estate at intervals
not exceeding three months.

6. Where a person died intestate as to his personal estate or Appointment of

leaving a Will affecting personal estate, but without having Administrator by
the Court
appointed an executor willing and competent to take
probate, or where the executor, at the time of the death of
that person, is resident out of the jurisdiction, a Court,
where it appears necessary or convenient may appoint
some persons to be the administrator of the personal estate
of the deceased upon his giving security, if any, as the
Court shall direct, and every such administration may be
limited as the Court deems fit.

7. (1) A Court may direct that any administrator (with or Remuneration of

without the Will annexed) shall receive out of the personal Administrator

170
 and real estate of the deceased such reasonable
remuneration as it deems fit, a sum not less than 5% of the
amount of the realized property or when not converted
into money, on the value of the property duly
administered and accounted for by him.
(2) Where a Court is satisfied that by reason of exceptional
circumstances the administration of the property has
required an extraordinary amount of labour to be
bestowed on it, the Court may allow for that property a
higher rate of remuneration as it deems fit.

Grant of special 8. An application for an order for a grant of special

administration
administration where a personal representative is residing
outside the Federal Capital Territory, shall be made to a
Court on motion.

Actions against the 9. (1) A person aggrieved by any decision or requirement

decisions of imposed by a Registrar may by way of summons file an
Registrar
action in Court.
(2) Where in an appeal under sub-rule (1), any person
besides the appellant appeared or was represented before a
Registrar from whose decision or requirement the appeal is
brought, the summons shall be issued within 7 days for
hearing on the first available day and shall be served on
every such person concerned.

Service of notice of 10. (1) A judge or Registrar may direct that a notice of motion
motion and or summons for the service of which no other provision is
summons
made in this Order shall be served on such person or
persons.
(2) Whereby the provision of this Order or by a direction
given under sub-rule (1), a notice of motion or summons is
required to be served on a person, it shall be served not less
than 5 days before the hearing of the motion or summons.

Notice to prohibit 11. (1) A notice to prohibit the issuance of a grant of probate or
grant
letter of administration (without or with a Will attached)
may be filed in the Court.

171
 (2) Where the order of caveat is granted by the Court, the
applicant shall notify the Registrar.

12. (1) The Interpretation Act shall apply to the interpretation Interpretation
of this Order.
(2) In this Order, and Orders 56, 57, 58, 59 and 60 –
“authorized officer” means an officer or a Registrar
authorized by law to administer an oath or to take an
affidavit required for any purpose connected with his
duties;
“gross value” in relation to an estate means the value of the
estate without deduction for debts, encumbrances, funeral
expenses or estate duty;
“oath” means the oath required by this Order to be sworn
by every applicant for grant;
“personal applicant” means a person other than a trust
corporation who seeks to obtain a grant without
employing a legal practitioner and “personal application”
has a corresponding meaning;
“Registrar” means the Probate Registrar or any other
person acting on his behalf;
“registry” or “probate registry” means the probate registry
at the High Court of the Federal Capital Territory, Abuja.
“Will” includes a codicil and any testamentary document
or copy or reconstruction of it.
(3) A reference in this Order to a Rule or enactment shall be
construed as apply to it as amended, extended or applied
by any other Rule or enactment.

ORDER 62
Miscellaneous Provisions

1. Where no provision is made by these Rules or by any other Where there is no

written law for taking any procedural step or action, the provision

Court or the Chief Registrar, as the case may be, shall adopt
a procedure or make an Order that accords with substantial
justice.

172
Default in payment
2. All fines, forfeitures, pecuniary penalties and costs ordered
to be paid may be levied by distress, seizure and sale of the
movable and immovable property of the person making
default in payment.

Publication of 3. When the publication of any notice is required, it may be

notices
made by advertisement in the Federal Gazette or a
National Daily Newspaper, unless otherwise provided in
any particular case by any rule of Court or otherwise
ordered by the Court.
Proper
endorsement and
4. Any process or document shall not be filed unless it has
recording endorsed on it the name, suit number of the cause, date of
filing and whether filed by claimant or defendant; and on
being filed such endorsement shall be initialled by the
Registrar and recorded in the process register.

Warrants and 5. All warrants and orders of whatever description shall be

orders 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 the
Area Council Authority.

Fees by 6. No filing fee or penalty for late filing shall be paid by any
government
departments Government Department in respect of any proceedings
before the Court.

Regulations on fees 7. The regulations regarding fees shall govern the payment
and disposal of fees and the duties of Court officers in that
regard.

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 ORDER 63
Fees and allowances

1. Subject to the provisions of any written law and of the Prescribed Fees
preceding Orders –

a. The fees set-out in the First, Second, Third and Fourth

Schedules are payable by a person commencing the
respective proceedings or desiring the respective
service specified in those Schedules;
b. The allowances set-out in Part II of the First schedule are
payable to the various categories of witnesses
mentioned in it, by a person at whose instance they
testify, but a witness who testifies at the instance of the
Court acting on its own motion shall be paid out of
public revenue.

2. The Regulations set-out in the Fourth 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 preceding Orders.

174
 APPENDIX
LIST OF FORMS

Form No Title
1. General forms of writ of summons.
2. Writ for service out of the jurisdiction.
3. General form of originating summons.
4. Originating summons under Order 2
5. Exparte Originating Summons.
6. Certificate of Pre-Action Counseling.
7. Memorandum for renewed Originating Process.
8. Request to Minister of Foreign Affairs to transmit Writ to foreign
Government.
9. Request for service abroad.
10. Letter forwarding request for Substituted Service.
11. Request to Minister of External Affairs to transmit Notice of Writ to a
foreign Government
12. Memorandum of appearance.
13. Notice of counter-claim.
14. Concession to defence
15. Enrolment order.
16. Notice of payment into Court.
17. Acceptance of sum paid into Court.
18. Acceptance of sum paid into Court by one of several defendants.
19. Order for Accounts & Inquiries.
20. Legal Practitioner's undertaking as to Expenses.
21. Letter of request to take evidence abroad.
22. Order for appointment of the Nigerian Diplomatic agent as special
examiner.
23. Form of praecipe.
24. Subpoena ad testificandum.
25. Habeas corpus ad testificandum.
26. Subpoena duces tecum.
27. Application to place matter on the Fast Track Division.
28. General form of writ of summons (Fast Track).
29. Notice of acceptance to place case on Fast Track Division.
30. Non-acceptance to place case on Fast Track List.
31. Daily record of cases held and summary of orders.

175
32. Application for copies of proceeding (Transcript).
33. Guarantee for the acts and defaults of a Receiver.
34. Receiver's Security by Undertaking.
35. Receiver's account.
36. Affidavit verifying Receiver's account.
37. Certificate of the Chief Registrar.
38. Notice of appeal.
39. Order for payment of principal money or interest secured by mortgage or
charge.
40. Order for possession of property forming a security for payment to the
claimant of any principal money or interest.
41. Order for payment of principal money or interest secured by mortgage or
charge and for possession of property.
42. Originating summons for possession.
43. Order for possession.
44. Default of appearance and defence in case of liquated demand.
45. Interlocutory judgment in default where demand is unliquidated.
46. Interlocutory and final judgement in default where demand is unliquidated.
47. Default judgement in detinue.
48. Judgement in default of appearance in action for recovery of land, damages
and costs.
49. Judgement for recovery of land only.
50. Final judgement after assessment of damages.
51. Judgement after appearance and Order.
52. Judgement for unliquidated demand.
53. Judgement after trial before Chief Registrar or Referee.
54. Judgement after trial of questions of account by Referee.
55. Judgement upon motion for judgment.
56. Judgment for dismissal.
57. Judgment for defendant's costs on discontinuance.
58. Judgment for claimants costs after confession of defence.
59. Judgment for costs after acceptance of money paid into Court.
60. Judgment on motion after trial of issue.
61. Legitimation petition.
62. Legitimacy Act affidavit.
63. Legitimacy Act undertaking by next friend.
64. Legitimacy Act undertaking for costs.
65. Legitimacy Act Notice to Attorney-General of the Federation.

176
66. Legitimacy Act Answer to petition.
67. Legitimacy Act decree.
68. Receipt to be given by Bailiff.
69. Return of process in possession of bailiff.
70. Return of cash received by bailiff.
71. Sheriff's Receipts for Writ.
72. Sheriff's Register of Process.
73. Summons for neglect to levy execution.
74. General form of commencement of process in transferred proceedings.
75. Order suspending or staying judgment or process or for discharge of debtor.
76. Registrar's Process Book.
77. Writ of attachment and sale against immovable property.
78. Notice to Registrar of Foreign Court of payment under Warrant or Order of
commitment sent to him.
79. Public Notice of attachment of land.
80. Notice of attachment.
81. Notice of claim to attached property.
82. Notice to claimant to attached property to make deposit or give security.
83. Notice of application for private sale.
84. Notice to person in possession of sale of attached property.
85. Certificate of purchase of land.
86. Writ of interim attachment in judgment debtor proceedings.
87. Notice of consequence of disobedience to order of Court.
88. Notice to show cause why order of attachment should not be made.
89. Certificate that labour has been ordered for debtor prisoner.
90. Warrant of committal of judgement-debtor in default of security.
91. Warrant of committal or remand of judgment-debtor for misconduct.
92. Warrant of Committal for contempt.
93. Warrant of Arrest and Detention of Judgment-Debtor.
94. Production Warrant.
95. Praecipe for issue of Order or Warrant of Committal (1).
96. Praecipe for issue of Order or Warrant of Committal (2).
97. Praecipe for issue of Order or Warrant of Committal (3).
98. Certificate by officer in charge of prison on payment of judgement debt.
99. Notice of part-payment.
100. Endorsement of refusal of Discharge Order.
101. Endorsement of recommittal.
102. Writ of interim attachment.
103. Warrant to arrest absconding defendants (High Court).

177
104. Writ of delivery.
105. Writ of delivery with execution against immovable property.
106. Writ of Sequestration.
107. Register of Judgments.
108. Notice of registration of Certificate of judgment.
109. Notice of issue of process.
110. Notice of payment into Court.
111. General form of title of proceedings.
112. General form of affidavit.
113. General form of conclusion of Notices.
114. Notice of set-off or counter-claim.
115. Order for Consolidation.
116. Undertaking by defendant applying for stay of proceedings.
117. Order to stay proceedings.
118. Notice to claimants in other actions of judgment in selected action.
119. Third-Party Notice.
120. Undertaking by next friend of infant or committee of persons of unsound
mind to be responsible for defendant's costs.
121. Plaint note.
122. Affidavit on application for issue of duplicate plaint note.
123. Ordinary summons.
124. Admission Counter-claim, special defence.
125. Service endorsement on any document of which personal service is effected
(except a witness or judgment summons).
126. Order for substituted service.
127. Substituted service notice in the Federal Capital Territory,
Abuja.
128. Service endorsement of substituted service.
129. Service endorsement on summons to witness.
130. Service endorsement of ordinary or default summons.
131. Affidavit to ground default summons.
132. Summons to obtain judgment by default in personal service.
133. Notice of intention to defend.
134. Praecipe for entry of judgment in default action.
135. Notice to claimant of payment into Court of whole claim with or without
costs.
136. Affidavit on application on behalf of infant or person of unsound mind for
appointment of guardian ad litem.

178
137. Order appointing guardian ad litem.
138. Certificate of judgment or order.
139. Record Book of High Court.
140. Order of High Court referring proceedings to arbitration.
141. Order of reference of proceedings, or question for inquiry or report.
142. Bond by person giving security.
143. Summons to witness to give oral evidence.
144. Summons to witness to produce documents.
145. Notice to produce documents at hearing.
146. Order of forfeiture for non-attendance of witness or for witness refusing to be
sworn or give evidence.
147. Notice to show cause why forteiture should not be ordered.
148. Application to obtain order to bring up prisoner to give evidence.
149. Order to bring up prisoner to give evidence.
150. Judgment for claimant (single payment).
151. Judgment where counter-claim has been made.
152. Judgment for delivery of goods.
153. Judgment for claimant (payment by instalments).
154. Notice of application for a new trial.
155. Affidavit of attesting witness of Will.
156. Declaration as to Next of Kin.
157. Administration bond (Will Annexed)
158. Letters of administration (Will Annexed)
159. Bank certificate.
160. Inventory
161. Particulars of freehold/leasehold property left by the Deceased.
162. Oath for executor.
163. Oath leading to resealing.
164. Justification of sureties.
165. Administration bond (without Will).
166. Oath for administration (without Will).
167. Letter to bank (1).
168. Letter to bank (2).
169. Administration bond on application for resealing.
170. Statutory affidavit of Next of Kin.
171. Application for a grant of letters of Administration (without Will).
172. Oath for double probate.
173. Application for grant of double probate of a Will.

179
174. Renunciation of probate or administration (Will annexed).
175. Acknowledgement of deposit/withdrawal of Will.
176. Supplementary inventory to letters of administration granted to (both lawful
next-of-kin) in respect of the said (deceased's) property.
177. Inventory for the resealing of letters of administration (without Will).
178. Preamble to letters of administration.
179. Letters of administration (without Will).
180. Schedule to letters of administration.
181. Probate Registrar's letter to Chief Judge.
182. Petition for resealing of grant of probate respecting the Will of the deceased.
183. Application for the grant of probate / letters of administration.
184. Grant of letters of administration (with Will attached).
185. Grant of letters of administration (without Will attached) .
186. Grant of probate.
187. List of person to be notified for the reading of Will.
188. Re-issue of grant of letters of administration (without Will).
189. Petition for resealing of grant of letters of administration respecting the estate
of the deceased.
190. Petition for inclusion of additional assets to the letters of administration
respecting the estate of the deceased.
191. Surety's guarantee.
192. Surety's guarantee on application for resealing.
193. Notice to prohibit Grant.
194. Caveat (by legal practitioner).
195. Warning to caveator.
196. Appearance to Warning/ Citation.
197. Notice of election to redeem life interest.

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 FORM 1
General Forms of Writ of Summons
(O.2, R.2(5)) (O.34, R.1)

FCT/HC/CV/_________/ 20__

(Here put the letter and number (see note (a) following this form).

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the…………………………………………..............................…… Judicial Division

Between:

A.B……………………………………………………............................…… Claimant
And

C.D……………………………………………………...............................…. Defendant

To C.D. of………………… in the…….........…….of ............……………………

You are hereby commanded that within 21 days after the service of this writ on you,
inclusive of the day of such service you do cause an appearance to be entered for you
in an action at the suit A.B. and take notice that in default the claimant may proceed,
and judgment may be given in your absence.

TAKE FURTHER NOTICE that parties shall maintain status quo.

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

……………………………….
Registrar

Memorandum to be subscribed on the writ.

N.B:
This writ is to be served within 12 calendar months from the date of issuance, or if
renewed, within 6 calendar months from the date of the last renewal, including the
day of such date, and not afterwards.

181
 Form of Writ of Summons,

The defendant may enter appearance personally or by legal practitioner either by

handing in the appropriate Forms, duly completed at the registry of the High Court
of the Judicial Division in which the action is brought or by registered post to the
registry.

Endorsements to be made on the writ before issue:

The claimant's claim is for (b)……………..................………………………………

This writ was issued by G.H. of …………….whose address for service (c)
is………… … ……………………… agent for……………………… of
………......……………legal practitioner for the said claimant who resides at
(d)…………………………………………………....………….(mention the city town
or district and also the name of the street and number of the house of the
claimant's residence, if any).

Endorsement to be made on copy of writ of summons after service.

This writ was served by me at …………………..on the defendant (here insert

mode of service) on the ………………..day of ………20………… Endorsed the
………day of ………………….….20……………………..

……………………………..
(Signed)

………………………………..……………..
(Address)

Note:
(a) Heading and Title – if the action is for administration of estate, the writ
must be headed. “In the matter of the Estate of ……………………………..
deceased”. If it is a debenture holder's action, the writ must be headed “In

The Matter of the Company” and in a probate action. “In the Estate of A.B.
deceased”. A writ of summons claiming administration of a trust or
settlement may be instituted. “In the matter of the Trust or settlement.

182
(b) Endorsement of Claim – If the claimant sues or defendant is sued in a
representative capacity the endorsement must state in what capacity the
claimant sues or the defendant is sued (O.6, R.2). If the claim is for a debt or
liquidated demand only, the Endorsement, even though not special must
strictly comply with the provisions of (O.6, R.4) including a claim for four days'
costs.

(c) Address for Service –The address must be within the jurisdiction (O.6, R.6).

(d) Address of Claimant – In the case of a company in liquidation the claimant's

address should run “…………………………… claimants who are a company
in liquidation. The liquidator is (name of liquidator) of (address of liquidator).

In the case of a foreign corporation within the meaning of part II chapter 3 of the
Companies and Allied Matters Act the claimants' address should run thus:
…………………………………………………Claimants who are a foreign
corporation within the meaning of the Companies and Allied Matters Act. The
registered name and address of the person to be served are (here add registered
name and address)”.

(e) Endorsement of Service – O.9, R.13.

(f) Probate Actions – In these actions the endorsement of claim must show the
nature of the claimant's interest under which he claims (O.6, R.3); and the
alleged interest of the defendant.

Before the writ is issued the following certificate must be endorsed on it:

The Registry,
High Court of the Federal Capital Territory
Abuja

In the ……………………………………… Judicial Division

A sufficient affidavit in verification of the endorsement on this writ to authorize
the sealing produced to me this ……day of ……… 20 ……

……………………….……………..
(Signature of Registrar)

183
 FORM 2

Writ for Service out of the jurisdiction

(O.2, R.2(6))

To C.D. of …………………………………………………………… you are hereby

commanded that within (here insert the number of days directed by the Court or judge
ordering the service or notice) days after service of this writ on you inclusive of the day of
such service, you do cause an appearance to be entered for you in the
………………………………….. Judicial Division of the High Court of the Federal Capital
Territory in an action at the suit of A.B.; and take notice, that in default the Claimant may
proceed and judgment may be given in your absence.

TAKE NOTICE that parties shall maintain status quo.

Dated this …………………day of ………20 ……..

By order of the Court.
……………………………
Registrar

Memorandum to be subscribed on the writ

N.B:
This writ is to be served within 12 calendar months from the date of issuance, or, if
renewed, within 6 calendar months from the date of the last renewal, including the day of
such date and not afterwards.
The defendant may appear hereto by entering appearance either personally or by legal
practitioner at the registry or the Judicial Division in which the writ is issued.

This writ was served (as in Form No. 1.)

Endorsement to be made on the writ before the issue:
NB:
This writ is to be used where a defendant is out of the jurisdiction.

Note:
The above endorsement “N.B.” must be on every writ or concurrent writ for service out
of the jurisdiction except against defendant domiciled abroad but whom it is intended
to be served within jurisdiction.

Endorsement:- if the claim is for a debt or liquidated demand only, the endorsement,
even though not special, must strictly comply with the provisions of O.6, R.4(1)
including a claim for costs. In addition, refer to the Note on Form 1 to this rule.

184
 FORM 3

General Form of Originating Summons

(O.2, R.3(4))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ………………………………………………… Judicial Division

(If the question to be determined arises in the administration of an estate or a trust

entitle: In the matter of the estate or trust)

In the matter of estate or trust……………………………………….

Between

A.B……………………………………………………...............…………Claimant

And

C.D. and E.F……………………………………………..............………Defendants

Let……….……of………………………………………………..……in…………….…
……………………………………………within 21 days after service of this
summons on him, inclusive of the day of such service, cause an appearance to be
entered for him to this summons which is issued upon the application of
……………….…of .………………………..who claims to be (state the nature of the
claim), for the determination of the following questions: (State the questions).

TAKE NOTICE that parties shall maintain status quo.

Dated the ……………………..day of …………………20………………

……………………………
Registrar

This summons was taken out by ……………………………………legal

practitioners for the above-named………………………………………….

185
 FORM 4

Originating Summons under Order 2

(O.2, R.3(4))

No………………………………………..of 20…………………………

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ……………………………………………………Judicial Division

In the matter of A.B. a legal practitioner (Re Taxation of costs or as may be). Let A.B.
of ……………………………attend the Court. (or Chief Registrar's Office) High
Court of Federal Capital Territory, Abuja, on the …………………….. day of
……………………. 20 …………………… at 9 o'clock in the forenoon (on the hearing
of an application on the part of …………………………….) (State relief sought).

If for leave to endorse award under the Arbitration Law, ap. Add, “And that the
respondent do pay the costs of this application to be taxed.”

TAKE NOTICE that parties shall maintain status quo.

DATED the ……………day of ……………………… 20……………

……………………………
Registrar

This summons was taken out by ………………………………………

Note:
It will not be necessary for you to enter an appearance in the HIGH COURT
REGISTRY, but if you do not attend either in person or by your legal practitioner, at
the time and place above mentioned or at the time mentioned in the endorsement,
such order will be made and proceedings taken as the Judge may deem just and
expedient.

186
 FORM 5

Form of ex parte Originating Summons

(O.2, R.3(4))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ………………………………………………....................……Judicial Division

Suit No………......…………….

In the matter of A.B……… (an infant or, as may be).

Let all parties concerned attend before the Judge or (Chief Registrar's Office), High
Court of Federal Capital Territory, Abuja, this ………………………..day of
………………….. (at the time specified in the margin) on the hearing of an
application on the part of the above named A.B. (an infant) by C.D. his friend, that:

(State the reasons for the application)

TAKE NOTICE that parties shall maintain status quo.

……………………………
Registrar

This summons was taken out by…………………….................…………………of

…………………………......……agents for………………...............………………of

……………….………………………legal practitioner for the applicant.

187
 FORM 6

Certificate of Pre-Action Counselling

(O.2, R.8)

I, (full name of legal practitioner) certify that as the legal practitioner representing (full
name of party) the claimant/ defendant has counseled my client on the strength and
weakness of his cause or matter and informed him/ them of the opportunities
available for the alternative dispute resolution of this case and the possibility of a
reconciliation between the parties being effected either with or without the
assistance of such an organization and should this matter turn out to be frivolous, I
am prepared to be liable as per the provisions of the rules of this Court.

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

Legal practitioner's name and Signature.

FORM 7

Form of Memorandum for Renewed Originating Process

(O.8, R.6(2))

Heading as in Form No.1

Seal renewed Originating Process in this action endorsed as follows:-

“The Originating Process renewed on the …day of …….. 20... …pursuant to order
of Court made………day of …………………20 .……….for 6 months”

(Copy original Originating Process and the endorsements)

188
 FORM 8

Request to Minister of Foreign Affairs to Transmit

Writ to Foreign Government
(O.10, R.3(a))

The Chief Judge of FEDERAL CAPITAL TERRITORY. presents his compliments to the
Minister of Foreign Affairs, and encloses a notice of a writ of summons issued in an
action of……………………. …………A.B……………versus C.D………pursuant to
order out of the Jurisdiction of the High Court of the Federal Capital Territory, for
transmission to the Ministry of Foreign Affairs in (name of country) with the request
that it may be served personally upon (name of defendant to be served) against who
proceedings have been taken in the ………………………….. Judicial Division of the
High Court of the Federal Capital Territory, and with further request that such
evidence of the service upon the said defendant may be officially certified, or declared
upon oath, or otherwise, to the High Court of the Federal Capital Territory, in such
manner as is consistent with the usage or practice of the Courts of the (name of country)
in providing service of legal process.

The Chief Judge further requests that in the event of efforts to effect personal service of
the said notice of writ proving ineffectual, the Government or Court of the said country
be requested to certify it to the High Court of the Federal Capital Territory.

FORM 9
Request for Service Abroad (Title as in Form No.4)
(O.10, R.3(b))
I (or we) hereby request that the writ of summons in this action be transmitted through
the proper channels to (name of country) for service (or substituted service) on the
defendant (Defendants name) at (address of defendant) or elsewhere in (name of
country). And I (or we) hereby personally undertake to be responsible for all expenses
incurred by the Ministry of Foreign Affairs for the service hereby requested, and on
receiving due notification of the amount of such expenses I (or we) undertake to pay the
sum into the High Court Registry for transmission to the Director-General (Permanent
Secretary) of the Ministry of Foreign Affairs.

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

…………………………………….
Signature of legal practitioner

189
 FORM 10

Letter Forwarding Request for Substituted Service

(O.10, R.3(d))

The Chief Judge of Federal Capital Territory, presents his compliments to the
Minister of Foreign Affairs and encloses a writ of summons in the case of
…..................................……………………And …………………….in which the
claimant has obtained an order of the ………………………… Judicial Division of the
High Court of the Federal Capital Territory, (which is also enclosed) giving leave to
make a request that the said writ may be served by substituted service on the
defendant ……………...............................................… at
…………..……………………………………………. In the (name of country).
The Chief Judge requests that the said writ and order may be forwarded to the
proper authority in (name of country) with the request that it may be transmitted by
post addressed to the defendant at (the last known place of abode or the place of
business) of the said defendant, or there delivered in such manner as may be
consistent with the usage or practice of the Courts of (name of country) for service of
legal process where personal service cannot be affected; and with the further request
that it may be officially certified or declared upon oath, or otherwise, to the
……………….Judicial Division of the High Court of the Federal Capital Territory,
in such manner as is consistent with the practice of the Courts of the (name of
country) in proving service of legal process.

FORM 11

Request to Minister of Foreign Affairs to transmit

Notice of writ to a Foreign Government
(O.10, R.4(1)(a))

The Chief Judge of Federal Capital Territory, presents his compliments to the
Minister of Foreign Affairs and enclose herewith a writ of summons issued in an
action………..................……..of …………………And the (insert name of the
defendant) pursuant to order, out of the ………………………………………
………Judicial Division of the High Court of the Federal Capital Territory, for
delivery to the Government of (insert name of the country and to request that an
official certificate may in due course be dispatched to the……………………… ……
………..Judicial Division of the High Court of the Federal Capital Territory, stating
that the writ of summons has been delivered, and on what date.

190
 FORM 12

Memorandum of Appearance
(O.11, R.1(1))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

In the …….……………………………………………..........…Judicial Division

Suit No. FCT/HC/CV/________/20____

Between:
…………………………………………………………..............…….Claimant(s)
And
………………………………………………………..........………Defendants(s)

Please enter an appearance for 1(a) …………………………..sued as 1(b)

…………………………………………………………................…………………
……………………………………………………………...………………
In this action.

Dated the……………day of …………… 20 ……………………………

Signed……………………………

Whose address for service is 1(c)

………………………..........................………………….........………….........……………
…………… ……………………………………………………………………………..

N.B – Additional notes for the guidance of defendants seeking to enter an

appearance are given on the back. Please read carefully.

Notes:-
1 (a) The defendant must give his or her full name.

(b) Give name by which the defendant is described in the writ if this differs from
defendant's full name, otherwise delete words “such as”

(c) A defendant appearing in person must give his residence or some other place

191
 within the Jurisdiction of Federal Capital Territory, to which
communications should be sent. Where he appears by a legal practitioner, the
legal practitioner's place of business.

2. Where the defendant is a firm, the appearance must be entered by the name of
individual partners with the description “Partner in the firm of
………………………”

3. Where the defendant is an individual trading in a name other than his own,
the appearance must be entered by him in his own name with the addition of
the description “Trading as……………………………..”

4. Where the defendant is a limited liability company, the appearance must be

entered by a legal practitioner.

5. Where the appearance is being entered by leave of the Court, a copy of the
order granting leave must accompany this form.

6. Where the defendant has no defence or admits the claimant's claim, the entry
of appearance will delay judgment and may increase the costs payable by the
defendant.

7. Acknowledgement of service shall be as follows:-

I, ……………………………….. acknowledge that on the … day of

…………………………..20………………. at (time and place) received
the following documents –
(a) ……………………………………………………
(b) ……………………………………………………
(c) …………………………………………………….

I also acknowledge that I am the person referred to in the sealed copy of

the originating process.

Dated this ………………………………day of ………20……

……………………………………..
Signature

192
 FORM 13

Notice of Counterclaim
(O.17, R.8)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the…………………………………………………….................. Judicial Division

Between:
A.B…………………………………………………....................……… Claimant(s)

And
C.D………………………………………………...................………… Defendant(s)
To the within-named X.Y.

Take notice that if you do not appear to the counter claim of the within-named C.D.,
within ……. days from the service of the defence and counterclaim, you will be
liable to have judgment entered against you in your absence.

Appearance to be entered at the …………………………………..Judicial Division,

High Court Registry, Federal Capital Territory, Abuja.

FORM 14

Concession to Defence
(0.17, R.15)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the………………………………………………............................ Judicial Division

Between:
A.B…………………………………………………………......................…. Claimant(s)
And
C.D., E.F and G.H.………………………………………...................…... Defendant(s)

The claimant concedes to the defence stated in the paragraph ……….. of the
defendant's defence (or, of the defendant's further defence).

193
 FORM 15

Enrolment Order
(O.28, R.3 (1))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the…………………………………………….......................………Judicial Division
Holden at ……………………………………………………………………………

Suit No. …………............………

This Honourable Court hereby orders that the matter between ……………………….
………………………… ………………………………………………… Claimant
Address ………………………………………………………………………………..
…………………………………………………………………………………………
And
…………………………………………………………………………… Defendants
Address ………………………………………………………………………………...
………………………………………………………………………………………….

Be referred to the Abuja Multi-Door Courthouse for settlement.

By Order

………………………….
Honourable Judge

194
 FORM 16

Notice of Payment into Court

(O.21, R.1(6))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the……………………………………………….........................……Judicial Division

Between:

A.B…………………………………………….…………………..........…… Claimant(s)

And

C.D.E.F and G.H.…………………………………………........………… Defendant(s)

Take notice that the defendant ……………..……………………..has paid into

Court N…………………….and says that (…………………………… part of) that
sum is enough to satisfy the claimant's claim (or/ and N……………………… the
other part of that sum is enough to satisfy the claimant's claim
for………………………………………………...)

Dated the …………………………day of …………………….………20 ……………

…………………………………………………
P.O., legal practitioner for the defendant, C.D.

To: X.Y., the claimant's legal practitioner, and to Mr. R.S. legal practitioner for the
defendant E.F.

To be filed in by the Cashier, High Court.

Received the above sum of…………………Naira…………………Kobo

………………………………….into Court in this action

Dated the………………… day of ……………….. 20 ………………..

FORM 17

195
 Acceptance of Sum Paid into Court
(O.21, R.2(1))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the…………………………………………………………….......…… Judicial
Division

Suit no……………
Between:

A.B……………………………………………………………………........……
Claimant(s)

And

C.D., E.F and G.H.…..………………………………………..........…………

Defendant(s)

Take notice that the claimant accepts the sum of N……………………… paid by the
defendant (C.D.) into Court in satisfaction of the claim for which it was paid in (and
abandons his other claims in the action)

Dated the ……………………………day of …………........…….. 20 ……......

………………………………………………………..
X.Y. Claimant's legal practitioner

To - Mr. P.O. legal practitioner for the defendant C.D. and Mr. R.S. legal practitioner
for the defendant E.F.

196
 FORM 18

Acceptance of Sum Paid into Court

by one of Several Defendants
(O.21, R.4(2,4))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the…………………………………….…………………………. Judicial Division

Suit no…….………..
Between:

A.B…………………………………………..……………………………………
Claimant(s)

And

C.D.E.F and G.H.……………………………………………………….. .Defendant(s)

Take notice that the claimant accepts the sum of N……………….paid by the
defendant C.D. into Court in satisfaction of his claim against the defendant C.D.

Dated the ……………………………….day of ………………….........……….. 20 ……..

………………………………….............
X.Y. Claimant's legal practitioner

To: Mr. P.O. legal practitioner for the defendant C.D., and Mr. R.S. legal
practitioner for the defendant E.F.

197
 FORM 19
Form of order for Accounts and Inquiries
(O.25, R.3)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the………………………………………………..…………......…. Judicial Division

Suit no…….………..
Between:

A.B………………………………………………..…………………......… Claimant(s)

And

C.D., E.F and G.H.…………………......................……………...……... Defendant(s)

This Court orders that the following accounts and inquiry be taken and made; that is
to say.

1.
2.
3.
4.

And it is ordered that the following further inquiries and accounts be made and
taken; that is to say.

5.
6.
7.
8.

And it is ordered that further consideration of this cause be adjourned, and any of
the parties are to be at liberty to apply as they may be advised.

198
 FORM 20

Legal Practitioner's Undertaking as to Expenses

(Heading as in Form No 1)

I, (or we) undertake to be responsible for all expenses incurred by the Ministry of
Foreign Affairs on the letter of request issued on the……………………………..and
on receiving due notification of the amount of such expenses undertake to pay it as
directed by the Chief Registrar of the High Court.

The following have been appointed as agents for the parties in connection with the
execution of the above letter of request:

Claimant's Agent………………………of…..................…………………………….

Defendant's Agent……………….of…………..............……………………………

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

……………….……………
Legal practitioners for

……………………………
……………………………

199
 FORM 21

Letter of Request to take Evidence Abroad

(Convention Country)
(O.40, R.6)

To the Competent Judicial Authority of ……………………………in the

………………………………………………………………………....of…..……………
…………………………………………………………….........................................
.
Whereas a civil (commercial) action is now pending in the ……………… Judicial
Division of the High Court of the Federal Capital Territory - Nigeria, in
which……………is the claimant and ………………………is the defendant.
And in the said action the claimant claims……………………....................…………..

And whereas it has been represented to the said Court that it is necessary for the
purpose of justice and for the due determination of the matters in dispute between
the parties, that the following persons should be examined as witnesses upon oath
touching such matters, that is…………………of ……………………………..and
……………….. of ……………………… and it appears that such witnesses are
resident within your jurisdiction.

Now, I, the Chief Judge of the High Court of the Federal Capital Territory, - Nigeria,
have the honour to request, and do request, for the above reasons and for the
assistance of the Court, you will be pleased to summon the witnesses (and such
other witnesses as the agents of the claimant and defendant shall humbly request
you in writing to summon) to attend at a time and place as you shall appoint before
you, or such other person as according to your procedure is competent to take the
examination of witnesses, and that you will cause such witnesses to be examined,
upon the interrogatories which accompany this letter of request and viva voce,
touching the said matters in question in the presence of the agents of the claimant
and defendant or any of them as shall, on due notice given, attend such examination.

And I further have the honour to request that you will permit the agents of both the
claimant and defendant or any of them as shall be present to be at liberty to examine,
upon interrogatories and viva voce upon the subject-matter or arising out of the
answers, such witnesses as may, after due notice in writing, be produced on their
behalf, and give liberty to the other party to cross-examine the witnesses, upon

200
cross-interrogatories and viva voce upon the subject-matter or arising out of the
answers, such witnesses as may, after due notice in writing, be produced on their
behalf, and give liberty to the other party to cross-examine the witnesses, upon
cross-interrogatories and viva voce, and the party producing the witness of
examination liberty to re-examine him viva voce.

And I further have the honour to request that you will be pleased to cause the
answers of the said witnesses and all additional viva voce questions, whether on
examination cross-examination or re-examination the evidence of such witnesses to
be reduced into writing and all books, letters, paper, and documents produced upon
such

examination to be duly marked for identification, and that you will be further
pleased to authenticate the examination by the seal of your tribunal, or in such other
way as is in accordance with your procedure, and to return the same together with,
the interrogatories and cross interrogatories, and a note of the charges and expenses
payable for the execution of this request, through the Ministry of Foreign Affairs
from whom the name was received for transmission to the said High Court of the
Federal Capital Territory - Nigeria.

And I further beg to request that you will cause me, or the agents of the parties if
appointed, to be informed of the date and place where the examination is to take
place.

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

201
 FORM 22

Order for Appointment of the Nigerian Diplomatic Agent

As Special Examiner (Convention Country)
(O.40, R.7)

(Heading as in Form No. 1)

Upon hearing the legal practitioners on both sides and upon reading the affidavit
of………………………………………………….................................……………….

It is ordered that the Nigerian Diplomatic Agent or his deputy at

……………………….be appointed as Special Examiner for the purpose of making the
examination, cross-examination, and re-examination, viva voce, on oath or affirmation,
of ……………….. witnesses on the part of the……………..at…………... The examiner
shall be at liberty to invite the attendance of the said witnesses and the production of
documents, but shall not exercise any compulsory powers, otherwise such examination
shall be taken in accordance with the Nigerian High Court Procedure. The
…………………..legal practitioners to give to the ……………………………….legal
practitioners……………………days notice in writing of the date on which they propose
to send out this order to……………………………for execution and that
………………………………… days after the service of such notice the legal
practitioners for the claimants and defendants do exchange the names of their parents at
…………….to whom notice relating to the examination of the said witnesses may be
sent. That ……………………days (exclusive of Sunday) prior to the examination of any
witness, notice of such examination shall be given by the agent of the party on whose
behalf such witness is to be examined to the agent of the other party unless the notice is
dispensed with. That the depositions when taken together with any documents referred
to or certified copies of documents, or of extracts, be transmitted by the examiner, under
seal, to the Chief Registrar of the High Court, Federal Capital Territory, Nigeria, on or
before the ……...day of ………………..next, or such further or other day as may be
ordered, there to be filed in the proper office. That either party be at liberty to read and
give such depositions in evidence on the trial of this action, saving all just exceptions.
That the trail of this action be stayed until the filing of such depositions. That the costs of
and incidental to this application and such examination be costs in the action.

Note:
If the Convention requires that the invitation or notice of the witnesses must expressly
state that no compulsory powers may be used, these requirements must be complied
with.

202
 FORM 23

Form of Praecipe
(O.40, R.19)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the……………………………………………….……………. Judicial Division

Suit No………………………
Between:

A.B…………………………………………….……………………… Claimant(s)

And

C.D. and Others……………………............………………………... Defendant(s)

Seal Writ of Subpoena………………..on behalf of the….............………directed

no…………………returnable.

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

(Signed)………………………………………………………………………………

(Address)…………………………………………………..………………………….

Legal practitioner for the ………………………………………..……………………

203
 FORM 24

Subpoena ad Testificandum
(O.40, R.20)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the……………………………………………………..…………. Judicial Division

Suit No……………….

Between:

…………………………………………………………….………………Claimant(s)

And

…………………………………………….................………………….Defendant(s)

To……………………………………….of………...................………………………

You are commanded in the name of the President of the Federal Republic of Nigeria
to attend before this Court at ……………............................. on……………..the
……………………………………day of ……20…………at……………………o'clock
in the forenoon and from day to day till the above cause is tried, to give evidence on
b e h a l f o f
the……………………………………………………....................……………………

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

………………..……
Judge

204
 FORM 25

Habeas Corpus Ad Testificandum

(O.40, R.20)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the………………………………………………………………. Judicial Division

Suit No…………………
Between:

……………………………………………………………………………Claimant(s)

And

…………………………………….……….................………………...Defendant(s)

………………………The Controller of Prisons, at……....................….……………

You are commanded in the name of the President of the Federal Republic of
Nigeria to have ………………………………., who is detained in your custody in
Prison, at ….…………before the
Court……………at……….on………the……………day………..at……………..O'clo
ck in the forenoon, and from day to day until the above action is tried, to give
evidence in the above-named cause, and immediately after the
said…………..shall have given his evidence you shall duly conduct him to the
prison from which he shall have been brought.

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

…………………………..
Judge

205
 FORM 26

Subpoena Duces Tecum

(O.40, R.20)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the………………………………………………………………… Judicial Division

Suit No………………..….……

Between:

……………………………………………………………..………………Claimant(s)

And

……………………………………………....................….……………...Defendant(s)

To………………………….of…………………………. You are commanded in the

name of the President of the Federal Republic of Nigeria to attend before the
C o u r t
at…………………on……………..the……………………………………….…….day of
………………………. 20…………………… at the hours of ……………….. o'clock in
the forenoon, and from day to day until the above cause is tried, to give evidence
on behalf of the …………………………………………………………..and also to
bring with you and produce at the time and place mentioned ………………
………… ……………………………………………………………….

(Specify documents to be produced)

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

…………………………..
Judge

206
 FORM 27
Application to place matter on the Fast Track Division
(O. 41, R.4)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

DATE………………………..

The Hon Chief Judge

Federal Capital Territory
Abuja

SUIT NO. FT/ / /20

_________________________________________________________ CLAIMANT

AND

________________________________________________________ DEFENDANT

I hereby apply for the above named matter to be placed in the Fast Track Division of
the Court.

I undertake to comply with all the conditions

Solicitor to Claimant/Claimant

FOR THE COURT

Approved / Refused to be heard in the Fast Track Division

…………………………………
Chief Judge

207
 FORM 28

General Form of Writ of Summons (Fast Track)

(O.2, R.2(5)) (O. 41, R.4)

FCT/HC/CV/_________/20__

(Here put the letter and number (see note (a) following this form).

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the…………………………………………………….…………. Judicial Division

Between:

A.B……………………………………………………….………………… Claimant
And

C.D……………………………………………………….………………... Defendant

To C.D. of………………in the……………….of…………………………

You are hereby commanded that within _________ days after the service of this writ
on you, inclusive of the day of such service you do cause an appearance to be entered
for you in an action at the suit A.B. and take notice that in default of your so doing the
claimant may proceed , and judgment may be given in your absence.

DATED this …………………day of ………………………… 20 …

…………………………
Registrar

Memorandum to be subscribed on the writ.

N.B:
This writ is to be served within three calendar months from the date or if renewed,
within three calendar months from the date of the last renewal, including the day of
such date, and not afterwards.

208
 Form of Writ of Summons, continued

The defendant may enter appearance personally or by legal practitioner either by

handing in the appropriate forms, duly completed at the registry of the High Court
of the Judicial Division in which the action is brought or by sending them to the
registry by registered post.

Endorsements to be made on the writ before issue.

The claimant's claim is for (b) ………………………………..………………………

This writ was issued by G.H. of ……………. whose address for service (c)
is……………………………………agent for …………………………………… of
…………………… legal practitioner for the said claimant who resides at (d)
…………………………………………………………. (mention the city town or
district and also the name of the street and number of the house of the claimant's
residence, if any).

Endorsement to be made on copy of writ after service.

This writ was served by me at ………………….. on the defendant (here insert mode
of service) on the ……………………..………………………………………... day of
………….20………………………..….. Endorsed the……………..day of
………………………..20…………………………

……………………………..
(Signed)

………………………………..……………..
(Address)

Note:
(g) Heading and Title – if the action is for administration, the writ must be
headed - “In the matter of the Estate of ……………………………..
deceased”. If it is a debenture holder's action the writ must be headed “In
the matter of the company” and in a probate action “In the Estate of A.B.
deceased”. A writ of summons claiming administration of a trust or
settlement may be instituted “In the matter of the (Trust or settlement)”.

209
(h) Endorsement of Claim – If the claimant sues or defendant is sued in a
representative capacity the endorsement must state in what capacity the
claimant sues or the defendant is sued. See O.6, R.2. If the claim is for a debt or
liquidated demand only, the Endorsement, even though not special must
strictly comply with the provisions of O.6, R.4, including a claim for four days'
costs.

(i) Address for Service – see O.6, R.6. The address must be within the jurisdiction.

(j) Address of Claimant – In the case of a company in liquidation the claimant's

address should run “…………………………… claimants who are a company
in liquidator)”.

In the case of a foreign corporation within the meaning of part 10 of the Companies
and Allied Matters Act the claimants' address should run thus:

“……………………………………………………………claimants who are a foreign

corporation within the meaning of the Companies and Allied Matters Act. The
registered name and address of the person to be served are (here add registered
name and address)”.

(k) Endorsement of Service – see O.9, R.13.

(l) Probate Actions – In these actions the endorsement of claim must show the
nature of the claimant's interest under which he claims (O.6, R.3); and the
alleged interest of the defendant.

Before the writ is issued the following certificate must be endorsed on it:
The Registry, HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the……………………………………….Judicial Division

A sufficient affidavit in verification of the endorsement on this writ to authorize the

sealing has been produced to me this ………………………………… day of
………..…………………… 20 ………

……………………….……………..
(Signature of Registrar)

210
 FORM 29

Notice of Acceptance to Place Case on Fast Track Division

(O.41, R.4)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

………………………………………

………………………………………

………………………………………

………………………………………

Suit No. FT/…../…../…..

…………………………….…………………………………………………. Claimant

And.

…………………………….…………………………………….. …………Defendant

NOTICE OF ACCEPTANCE TO PLACE CASE ON FAST TRACK DIVISION

PLEASE TAKE NOTICE that following your application in the above-named

matter, the above case has been placed on FAST TRACK LIST.
PLEASE NOTE that henceforth this matter shall be dealt with in accordance with
FAST TRACK Case Management directions, applications and guidelines.

Dated at Abuja, this ……………… day of ………………….. 20……….

……………………………

COORDINATOR
FOR SERVICE

211
 FORM 30

Non-Acceptance to Place Case on Fast Track List

(O.41, R.4)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

………………………………………

………………………………………

………………………………………

………………………………………

Suit No. FT/…../…../…..

Between

…………………………….…………………...…………………………. Claimant(s)

And

………………………………………………..………………. …………Defendant(s)

NON-ACCEPTANCE TO PLACE CASE ON FAST TRACK LIST

I refer to your application to place the above-named case on Fast Track list
and wish to inform you that the case cannot be placed on Fast Track List. It has
accordingly been placed on the general cause list.
You may contact the Coordinator for other details on this matter.

Dated at High Court, Abuja this………..day of ………….. 20…..……

COORDINATOR

212
 FORM 31

Daily Record of Cases Held and Summary of Orders

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

MONTHLY RECORD OF CASES HELD AND SUMMARY OF ORDERS

DATE………………..
1. TITLE OF CASE___________________________SUIT NO…….
2. NAME OF JUDGE____________TIME CASE CALLED………
3. COURT MANAGER____________________________________
4. APPEARANCES:
Counsel for Claimant_______________________________________
Counsel for Co-Claimant____________________________________
Counsel for Defendant______________________________________
Counsel for Co-Defendant___________________________________
5. CASE CALLED COUNSEL FOR ALL SIDES PRESENT
6. COUNSEL FOR__________ABSENT_____________PRESENT
7. STAGE CASE HAS REACHED___________________________
8. ACTION FOR THE DAY: motion held; granted; not granted; adjourned.
9. REASONS___________________________DATE_________
10. PART HEARD STAGE
11. EVIDENCE OF CLAIMANT EXHIBIT TENDERED
12. EVIDENCE OF CLAIMANT'S WITNESS……………………….
13. EVIDENCE: OF DEFENDANT EXHIBIT TENDERED
14. EVIDENCE: OF DEFENDANT'S WITNESS…………………….
15. ADDRESS BY COUNSEL FOR THE CLAIMANT___________
16. ADDRESS BY COUNSEL FOR THE DEFENDANT__________
17. SPECIFIC ORDERS (if any) MADE IN THE DAY
18. TIME CASE ENDED FOR THE DAY______________________
19. AT WHOSE INSTANCE________________________________
20. COST ___________________________________________FT.F4

213
 FORM 32

Application for Copies of Proceeding (Transcript)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

FAST TRACK COURT

APPLICATION FOR COPIES OF PROCEEDING (TRANSCRIPT)

1. of (Postal Address)
Phone Number Fax Number E-Mail Number wish to
apply for copies of daily proceedings (or state portion required)
of this Court in respect of (title of case) Suit No
i pending before (name of Judge)

CERTIFICATION

By signing hereunder, I commit myself to the process of electronic recording of all

the proceedings in this case and do hereby certify that I will pay all charges.

Dated at Abuja this…………day of…………………………..………. 20………….

SOLICITOR FOR Claimant/Defendant

The Coordinator,
Fast Track Court

214
 FORM 33

Form of Guarantee for the Acts and Defaults of a Receiver

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the………………………………………………………………. Judicial Division

Suit No………..………
PARTIES

Re…………………………………………vs………….......................………………..

Guarantee for N ………………….. Annual premium N….......................……………

This guarantee is made the ……………………..day of ……………..20…….. Between

(XYZ) of ………………..( called “The Receiver”) of the first part, and ……………of
……………( called “the surety”) of the second part and The President of the Federal
Republic of Nigeria. By an Order of the High Court of the Federal Capital Territory,
.................….…………………. Judicial Division dated the ………………day of
……………………… 20……… and made in the above-mentioned action the receiver
has been appointed to receive (and manage) (follow words of the order). And it was
ordered that the Receiver should give security to the satisfaction of the Judge on or
before the … day of….20………

The surety in consideration of the annual premium stated above at the request of the Receiver
has agreed to issue this guarantee agreeable to the Judge as proper security pursuant to the
Court order.

Now this guarantee witnesses as follows -

1. The Receiver and the Surety jointly and severally covenant with the
President of the Federal Republic of Nigeria and his successors that the
Receiver shall and will from time to time account for what he has already
received since the date of the order appointing him and shall further
receive or for what since the date of the order appointing him he has or
shall be or become liable to pay or account for as such Receiver (and
manager) including as well every sum of money or other property

215
 received during the period for which he has been appointed. Also every
sum of money or other property received for any extended period for
which he may be appointed and shall pay or deliver every sum or
property as the Court or a judge may direct.

2. It is hereby mutually agreed as follows:

a) If the Receiver shall not for every successive twelve months to be

computed from the date of his appointment as such receiver as aforesaid
or within fifteen days after the expiration of such twelve months pay at
the office of the Surety the annual premium or sum of
N……………………………. then the Surety shall be at liberty to apply by
summons in the action to be relieved from all further liability as surety
under this guarantee except any damage or loss occasioned by any act or
default of the receiver in relation to his duties as receiver (and manager)
prior to the hearing and determination of such summons.

b) A statement under the hand of any Registrar of the High Court of The
Federal Capital Territory, of the amount which the receiver is liable to pay
and has not paid under this guarantee and that the loss or damage has
been incurred through the act or default of the receiver, shall be
conclusive evidence in any action or information by the President of the
Federal Republic of Nigeria against the receiver and surety or either of
them or by the surety against the receiver of the truth of the contents of
such statement and shall constitute a binding charge not only against the
receiver and his personal representatives but also against the surety and
his funds and property without being necessary for the President of the
Federal Republic of Nigeria to take any legal or other proceedings against
the receiver for the recovery and without any further proof being given
in that behalf in any action to enforce this guarantee.

c) The liability of the surety under this guarantee is limited to the sum of
N…………………………..provided nevertheless that a Registrar of the
High Court may by his signature to the endorsement on this guarantee (in
the form printed) reduce the said liability of the surety further or with the
consent of the surety by an instrument in writing duly executed increase
such liability as may be necessary and upon such endorsement this
guarantee shall continue in full force but in that case the premium shall be

216
 correspondingly reduced or increased.

3. It is further agreed between the receiver and the surety as follows:

(a) The receiver on being discharged from his office or ceasing to act as
receiver (and manager) shall give written notice to the surety by
registered post and also within 7 days of such notice furnish to the
surety free of charge an office copy of the order, if any, of the judge
discharging him.

(b) The receiver and his personal representatives shall at all times
indemnify the surety and its property and funds against all loss,
damage, costs and expenses which the surety or its funds or
property may or might otherwise sustain by reason of the surety
having executed this guarantee at his request.

In witness, the receiver has set his hand and seal and the surety has
caused its Common Seal to be affixed the ………………. day of
……………..20 ………………………… in the matter of
………………….increased liability.

To be attached by way of endorsement to guarantee.

The liability of the surety under the guarantee has with the
consent of the receiver and the surety been increased from
N………………….to N ……………………….for any acts or
omissions to which the guarantee relates committed by the
receiver subsequent to the date the total liability of the Surety
for both the guarantee and his endorsement being limited to
the increased sum above stated.
Sealed with the seal of the receiver and also the Common Seal of the surety
this………………….day of ……………….20………………….as evidence of such
increased liability and the admission by the receiver and the surety respectively.

Signed, sealed and delivered by…………… the receiver in the presence of ………….
The common Seal of the surety was affixed in the presence of ………… ……… …
……… ………………..……………………………

217
 FORM 34

Receiver's Security by Undertaking

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the……………………………………………….………..………. Judicial Division

Suit
No…………………………………

PARTIES

Re…………………………………………vs……....................………………………..

I,………………………………………………of ……………………the receiver (and

manager) appointed by order dated……………………(or proposed to be
appointed) in this action hereby undertake with the Court to duly account for all
moneys and property received by me as receiver(or manager) or for which I may be
held liable and to pay the balances from time to time found from me and to deliver
any property received by me as receiver (or manager) at such times and manner as
the Court or a judge shall direct.

And we, ……………………………… jointly and severally (in the use of guarantee or
other company strike out “jointly and severally”) undertake with the Court to be
answerable for any default by the said …………………………….,as receiver (or
manager) and upon default to pay to any person as the Court shall direct any sum
not exceeding in the whole N…………………..that may from time to time be
certified by a Registrar of the High Court to be due from the receiver and we submit
to the jurisdiction of the Court in this action to determine any claim made under this
undertaking.

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

Signatures of receiver and his surety or sureties. In the case of a surety being a
guarantee or other company, it must be sealed or otherwise duly executed.

218
 FORM 35

Receiver's Account

(TITLE)

Suit No…………………………………of 20……………………..

219
The (…………………………….) account of A.B., the receiver appointed in this cause (or, pursuant to an order
made in this cause, dated the …. ……………………..day of ………………………….), to receive the rents and
profits of the real estate, and to collect and get in the outstanding personal estate of C.D. the testator (or,
intestate) in this cause named, from the ………….day of…………..
(To accord with the order)

REAL ESTATE - RECEIPTS

Tenant's Amount Amount

No. of Date when Description Annual Arrears due Amount due
name Received Remaining Observations
item received of premises rent at…….. at ……..
due
N N N N
 PAYMENTS AND ALLOWANCES ON ACCOUNT OF REAL ESTATE

No. of Date of Payment Names of persons to whom For what purpose paid or Amount
item or allowance paid or allowed allowed N

One year's insurance of due

……………..
Bill for repairs at house let to
……………
Allowance for a half-year's
income
Tax, due …………………
Total Payments N

220
221
RECEIPT ON ACCOUNT OF PERSONAL PAYMENT AND ALLOWANCES ON
ESTATE ACCOUNT
Names of On what Date when Names of persons For what Amount
No. of Date when Amount No. of
persons from account paid or to whom paid purpose paid paid or
item received Received item
whom received received allowed or allowed or allowed allowed
N N N N
 SUMMARY

N N

Amount of balance due from receiver on account of real estate on last account
………
Amount of receipts on the above account of real
estate……………..…………………....

Balance of last account paid into

Court……………………………………..........…………
Amount of payments and allowances on the above account of real
estate……………...
Amount of Receiver's costs of passing this account as to real estate……… N

Balance due from the Receiver on account of real estate

Amount of balance due from Receiver on last account of personal
estate……………..
Amount of receipts on the above of personal estate…………………………N

Balance of last account paid into

Court……………………………………………………
Amount of payments and allowances on the above account of personal
estate………
Amount of receiver's costs of passing this account as to personal
estate………………
Balance due from the receiver on account of personal estate……………… N

222
 FORM 36

Affidavit Verifying Receiver's Account

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the………………………………………………………………. Judicial Division

Suit No:…………

Between:

A.B………………………………………………………………………Claimant(s)

And

C.D. and E.F………..…...........................................……………….……Defendant(s)

I, ........…..……………………………….of …………………………………..the
Receiver appointed …………….. in this cause, make oath and states as follows:

1. The document now shown to me marked “A” is as specified.

2. ………………………. and …………………………my sureties named in

the guarantee (or undertaking) dated …………… 20………… are both
alive and neither of them has become bankrupt or insolvent.

3. The………………….Co. Ltd., my surety named in the……………..

guarantee (or undertaking) dated ……………20…………is still carrying
on business and no petition or other proceeding for its winding-up is
pending.).

Additional paragraphs as to wages and petty cash are sometimes necessary.

223
 FORM 37

Certificate of the Chief Registrar

(O.45, R.9(1))

PARTIES

Pursuant to the directions given to me by Hon. Justice……………………. I certify

that the result of the accounts and inquires which have been taken and made in
pursuance of the judgment (or order), in this cause dated the …………..day of
……………… is as follows:
1. The defendants………………….of ……………………………, have
received the amount of N……………..and they have paid, or are entitled
to be allowed an account, sums to the amount of N…….. leaving a balance
due from or to them of N………………on that account.

2. The particulars of the above receipts and payments appear in the account
marked……………………….verified by the affidavit of
…………………………. filed on the ……. day of ……….. and which
accounts is to be filed with this certificate, except that in addition to the
sums appearing on such account to have been received, the defendants
are charged with the following sums (state the sum here or in a schedule),
and except that I have disallowed the items of disbursement in the
account numbered ………………and …………………….(or in cases
where a transcript has been made).

3. The defendants ……………………. have brought in an account verified

by the affidavit of …………………filed on the……………. day of
………………..and which account is marked ……………… and is to be
filed with this certificate. The account marked ……………….. and which
is also to be filed with this certificate, is a transcript of the account as
altered and passed.

N.B:
The above numbers are to correspond with the number in the order after each
statement, the evidence produced is to be stated as follows:

The evidence produced on this account (or, inquiry) consists of the following
document …………………….. filed on ……..………………………….. day of
………………… 20 ……………….of the affidavit of C.D. filed ……………………

224
 FORM 38

Notice of Appeal (Civil)

(O.46, R.2(4))

In the DISTRICT (OR AREA) COURT OF THE FEDERAL CAPITAL

TERRITORY.

No. ………………….
A.B. versus C.D.

Take notice that the claimant (or Defendant, as the case may be) A.B. (or C.D.; name
the party who is appealing) appeals from the judgment (or order or decision) dated
the …………………. ….day of
…………………………….., 20……… ………in the above proceedings.
And further take notice that his grounds of appeal are …….………….…………
………………………………………………………………………..….…………………
………………………………………………………………………………………………
.
Dated …………………………………………..…………………….

…………………………………….
A.B. (or C.D.) (or the Legal
Practitioner acting for him)

To C.D. (or A.B.) of ………………………………………………………………………

Note:

This notice must be filed with the Registrar of the trial Court within a month of the
decision appealed from and served on all parties affected by the appeal within that
period.

The grounds of appeal should be given in full.

The rules on civil appeals from District and Area Courts should be looked at
carefully.

225
 FORM 39

Order for Payment of Principal

Money or Interest secured by Mortgage or Charge
(O.54, R.2)

It is ordered that the claimant recover against the defendant N……………….

secured by a mortgage (or charge) dated the …………… day of
……………20…………. being the total of the principal sum of
N………………………. and N …… for interest at N ………. per cent, per annum less
tax to the ……day of (date of order) and N……… for costs (or his costs of the
summons to be taxed).

And it is ordered that upon the defendant paying to the claimant the moneys
ordered to be recovered and all other moneys, if any, secured to the claimant by the
mortgage (or charge) the claimant (subject and without prejudice to the due exercise
of any power of sale for the time being vested in him) release to the defendant the
security constituted by the mortgage (or charge).

And it is ordered that all parties be at liberty to apply to the Court as they may be
advised.

FORM 40

Order for Possession of Property forming a security

for payment to the Claimant for any principal
Money or Interest
(O.54, R.2)

It is ordered that the defendant give the claimant possession on or before the
………………… day of …………………..20 ……………..of the land described and
comprised in a mortgage (or charge) dated the ………………day of ………………
20……………. that is to say ………………………. (description of the property).

And it is ordered that the claimant recover against the defendant the sum of
N……………for costs (or his cost of this summons to be taxed).

And it is ordered that on the defendant paying to the claimant the moneys
remaining due to the claimant upon the security of the said mortgage (or charge) the

226
claimant (subject and without prejudice to the exercise of any power of sale for the
time being vested in him) re-deliver to the defendant possession of the property
subject to the said mortgage (or charge) and release to the defendant the security
constituted by it.

And it is ordered that all parties be at liberty to apply to the Court as they may be
advised.

FORM 41

Order for payment of Principal Money or Interest

Secured by Mortgage or Charge and for
Possession of Property
(O.54, R.2)

It is ordered that the claimant recover against the defendant N…………..secured by

a mortgage (or charge) dated the ………….day of …………………..20
…………………..being the total of the principal sum of N ……………………..and
N…………….for interest at N……………. per cent per annum less tax to the
…………………….day of (date of order), and N…………………………for costs (or
his costs of this summons to be taxed).

And it is ordered that the defendant do give the claimant possession on or before the
………………day of …………………20 …………………of the land described and
comprised in the mortgage (or charge) that is to say……………… (description of the
property).

And it is ordered that the defendant paying to the claimant the moneys hereby
ordered to be recovered and all other moneys, if any secured to the claimant by the
mortgage (or charge) the claimant (subject and without prejudice to the due exercise
of any power of sale for the time being vested in him) re-deliver to the defendant
possession of the property subject to the mortgage (or charge) and release to the
defendant the security constituted by the mortgage (or charge).

And it is ordered that all parties be at liberty to apply to the Court as they may be
advised.

227
 FORM 42

Originating Summons for Possession

(O.36, R.2)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the…………………………………………………….…………..…. Judicial Division

Suit No………………

between
A.B……………………………………………….……………………...…… Claimant(s)

and

C.D., E.F. and G.H………………………………………………………...Defendant(s)

(if any) whose name is known to the Claimant

To (C.D. and) every (other) person in occupation of ……………………….

………………………………………………………………………………………………
….. let all persons concerned attend before …………………………………. at the
High Court of the Federal Capital Territory in the …………………………………….
Judicial Division on …..……………… The ……………………………………….. day
of ……………………. 20 ……………….. at ………………. 9 O'clock in the forenoon
for the hearing of an application by AB for an order to recover possession of
…………………….on the ground that he is entitled to possession and that the
person(s) in occupation is (are) in occupation without his licence or consent.

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

This summons was taken out by ……….of ……………………………………………

legal
practitioner for the claimant whose address is ………………………… (or This
summons was taken out by ……………………………………………………………..
of …………….. for ………………………………………….……………………………
of …………………………………………. legal practitioner for the claimant whose
address is …………………………………………………………..) (or when the
claimant acts in person).

228
This summons was taken out by the claimant who resides at ………………………….
and is (state occupation) and (if the claimant does not reside within the jurisdiction)
whose address for service is……………………………………………………………...

Note:
Any person occupying the premises who is not named as defendant by this
summons may apply to the Court personally or by legal practitioner to be joined as
defendant. If a person occupying the premises does not attend personally or by legal
practitioner at the time and place above-mentioned, such order will be made as the
Court may think just and expedient.

FORM 43

Order for Possession

(O.36, R.6(1))
(Heading as in Form 1)

On hearing……………………………………………………………….and reading
the affidavit of
………………………………………………………………………………………………
…………

Filed on the ………day of ………..……..20………………..it is ordered that the

Claimant AB. recover possession of the land described in the Originating Summons
as ……………………….…. (and the defendant ………………………….. give
possession of the land on …………………………) (and that the defendant
………………. pay the claimant N…………………costs (or costs to be taxed). (The
above costs have been taxed and allowed at N………………………. as appears by a
taxing Officer's certificate dated the ………….…………………day of
……………………20……………)

Dated the ………………………..day of ………………..20……………….

………………………….
Judge

229
 FORM 44

Default of Appearance And Defence in Case

Of Liquidated Demand

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the Judicial Division ………………………………………..

In the ……………………………………… Judicial Division
Suit No. ……………….., 20……….
Between
A.B …………………………………………………………………………….. Claimant
and
C.D and E.F ………………………………………………………………… Defendants
The ………………………… day of ……………………………, 20……………………..

The defendant (if the defendant resides abroad, add “residing out of jurisdiction”
or if service was substituted and “having been served by substituted service”) not
having appeared to the writ of summons herein (or, not having delivered any
defence), it is this day adjudged that the claimant recover against the said
defendant N…………………………… and N………………… cost (or costs to be
taxed).

The above costs have been taxed and allowed at N……………………………… as

appears by a taxing officer's certificate dated the ……………………… day of
…………………………., 20………

230
 FORM 45

Interlocutory Judgement In Default Where Demand Unliquidated

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between
A.B …………………………………………………………………………….. Claimant
and
C.D and E.F ………………………………………………………………… Defendants
The ………………………… day of ……………………………, 20……………………..
No appearance having been entered to the writ of summons (or no defence having
been delivered by the defendants) herein, it is this day adjudged that the claimant
recover against the defendants the value of the goods (or damages, or both as the
case may be) to be assessed.

231
 FORM 46

Interlocutory And Final Judgement In Default Where Demand Unliquidated

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

The ………………………… day of ……………………………, 20……………………..
No appearance having been entered to the writ of summons (or no defence having
been delivered by the defendants) herein, it is this day adjudged that the claimant
recover against the defendants the value of the goods (or damages, or both as the
case may be) to be assessed.

The amount found due to the claimant under this judgement having been
certified at the sum of N…………………….. as appears by the Chief Registrar's or
Registrar's finding the ………………………………….. day of ……......……………
……………….., 20……………………

232
 FORM 47

Default Judgement In Detinue

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between
A.B …………………………………………………………………………….. Claimant
and
C.D and E.F ………………………………………………………………… Defendants
The ………………………… day of ……………………………, 20……………………..

The defendants not having appeared to the writ of summons herein (or not having
delivered any defence), it is this day adjudged that the claimant do have a return of
the chattels in the writ of summons (or statement of claim) mentioned and
described as (description of chattels) or recover against the defendants their value
to be assessed and damages for their detention to be also assessed.

The value of the …………………… having been assessed at the sum of

N…………….. and the damages at the sum of N………….. as appears by the
Chief Registrar's or Registrar's finding on the ………………….. day of
………………………………, 20………………….

It is adjudged that the claimant recover from the defendants the sum of
N……………… and costs to be taxed.

The above costs have been taxed, etc. (as in Form 56, Supra).

233
 FORM 48

Judgment In Default of Appearance In Action For Recovery of Land, Damages

And Costs

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

.
Suit No. …………, of 20……………
Between
A.B …………………………………………………………………………….. Claimant
and
C.D and E.F ………………………………………………………………… Defendants

No appearance having been entered to the writ of summons herein, it is this day
adjudged that the claimant recover possession of the land in the endorsement on
the writ described as ……...........…………………
…………………………………………..........................................................................….

And it is further adjudged that the claimant recover against the defendants
damages to be assessed.

The amount found due to the claimant under this judgement having been
certified at the sum of N…………………….. as appears by the Chief Registrar's or
Registrar's finding the ……....................... …….....………….. day of ……………
……… ............…………………….., 20……………………

It is adjudged that the claimant recover against the defendants the sum of
N……………… and costs to be taxed.

The above costs have been taxed, etc. (as in Form 56, Supra). (Additional form in
official use; the use of this form is entirely optional).

234
 FORM 49

Judgment for Recovery of Land Only

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between
A.B …………………………………………………………………………….. Claimant
and
C.D and E.F ………………………………………………………………… Defendants

The ………………………… day of ……………………………, 20……………………..

No appearance having been entered (or no defence having been delivered) herein,
it is this day adjudged that the claimant recover possession of the land in the writ of
summons (or statement of claim) mentioned and described as (describe the
property).

Note
No costs in default of appearance. Costs to be taxed in default of defence.

235
 FORM 50

Final Judgment After Assessment of Damages

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between
A.B …………………………………………………………………………….. Claimant
and
C.D and E.F ………………………………………………………………… Defendants

The ………………………… day of ……………………………………,

20……………………..

The claimant having on the ……………………………… day of

……………………., 20……….
obtained interlocutory judgment herein against the defendants for damages (or as
may be) to be assessed and the amount found due to the claimant having been
certified at N………………… as appears by (Official Reference's Certificate or) the
Chief Registrar's or Registrar's finding under order or as the case may be filed the
…………… day of ………………………….., 20……….

Therefore it is adjudged that the claimant recover against the defendants

N………………….. and costs to be taxed.

The above costs have been taxed, etc.

Note
This form is used where forms 58, 59, 60 and 65 are not applicable, at the option
of the claimant.

236
 FORM 51

Judgment After Appearance And Order

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between
A.B …………………………………………………………………………….. Claimant
and
C.D and E.F ………………………………………………………………… Defendants

The ………………………… day of ……………………………, 20……………………..

The defendants having appeared to the writ of summons herein and the claimant
having by the order of ………………………………………………………………..
dated the ………………
day of ……………………………….., 20…………………. obtained leave to sign
judgement under Section 159 of the High Court Act (or …………… of …………); It
is this day adjudged that the claimant recover against the defendants
N………………………… or possession of the land in the endorsement on the writ
described as …………………………… and N costs (or, costs to be taxed).

The above costs have been taxed and allowed at N……………………………. as

appears by the Chief Registrar's or Registrar's Certificate dated the ……… day of
………………..….., 20…..

Note:
Unless otherwise ordered, the judgement is dated as of the day on which the
order is made.

237
 FORM 52

Judgment For Unliquidated Demand

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

The defendants having appeared to the writ of summons herein and the claimant
having by the order of …………………………..….. dated the ……………… day of
……………………….., 20………. obtained leave to sign judgement under
(…………………………) ……………… of ………………….. for …………………….

It is this day adjudged that the claimant recover against the defendants (damages
or as the case may be) to be assessed.

The amount found due to the claimant under this judgement having been
certified at the sum of N………………………. as appears by Official Referee's
Certificate or the Chief Registrar's finding dated …………………… filed the
………….. day of …………………., 20………

It is adjudged that the claimant recover from the defendants the sum of
N……………… and costs to be taxed.

The above costs have been taxed and allowed at N……………………………. as

appears by the Chief Registrar's or Registrar's Certificate dated the ……… day of
………………..….., 20…..
(Additional form in official use)

238
 FORM 53

Judgment After Trial Before Chief Registrar Or Referee

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. ………… of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

The matter of (state matter referred) action having by an order dated the
………………… day of
…………………………, 20………… been referred for trial to (name of Chief
Registrar or Official referee) and the said having by his (Certificate or Report)
dated the ……………... day of ……………………., 20………… directed the
judgement be entered for (state substance of certificate or report).

It is this day adjudged that N…………………… and costs to be taxed be

recovered by the ………………….. against ………………………

The above costs have been taxed and allowed at N……………………………. as

appears by the Chief Registrar's Certificate dated the ……… day of …………
……..….., 20…..

239
 FORM 54

Judgment After Trial Of Questions Of Account By Referee

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

The ………………………… day of ……………………………, 20……………………..

The questions of account in this action having been referred to

………….........…… ……….. and he having found that there is due from the
…………………………. to the …………………… sum of N……………………….
and directed that the ………………………. do pay the costs of the reference;

It is this day adjudged that the …………………… recover against the said
……………………… N…………………… and costs to be taxed.

The above costs have been taxed and allowed at N……………………………. as

appears by the Chief Registrar's Certificate dated the ……… day of …………
…… . ….., 20…..

240
 FORM 55

Judgment Upon Motion For Judgment

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

Dated and entered the ……………… day of ……………….…………… (date of

Order of Court)

This action on the ………………. day of ……………………………….., 20………….

come before the Court on motion for judgement on behalf of the (party moving
the Court) and the Court after hearing the legal practitioner for the (claimant and
defendants, as the case may be) having ordered that (recite direction for
judgement).

It is this day adjudged that the …………………… recover against the said
……………………… N…………………… and costs to be taxed.

The above costs have been taxed and allowed at N……………………………. as

appears by the Chief Registrar's or Registrar's Certificate dated the ……… day of
………………..….., 20…..

241
 FORM 56

Judgment For Dismissal

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between
A.B …………………………………………………………………………….. Claimant
and
C.D and E.F ………………………………………………………………… Defendants

Dated and entered the ……………… day of ………………….………….……………,

20………

The action having on the …………………….. day of ………………………..,

20………. been called on for hearing before ……………………………………. and
the claimant having failed to appear and the defendants having thereupon
become entitled under Order ……………….. to judgement dismissing the action
and the said ……………….. having ordered that judgement be entered
accordingly.

Therefore it is adjudged that the defendants recover against the claimant their
costs to be taxed.

The above costs have been taxed, etc.

242
 FORM 57

Judgment For Defendant's Cost On Discontinuance

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

The ……………….. day of …………………………… 20…………………

The defendants in their statement of defence herein alleged a ground of defence

which arose after the commencement of this action and the claimant having on the
……….. day of ………………., 20……… delivered a confession of that defence;

It is this day adjudged that the defendant recover against the claimant costs to be
taxed.

The above costs have been taxed and allowed at N………………………. as appears
by the Taxing Officer's Certificate dated the …………………… day of
…………………, 20……..

243
 FORM 58

Judgment For Claimant's Cost After Confession Of Defence

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

The ……………….. day of …………………………… 20…………………

The defendants in their statement of defence herein alleged a ground of defence

which arose after the commencement of this action and the claimant having the
……. day of ……………., 20……
delivered a confession of that defence;

It is this day adjudged that the claimant recover against the defendants costs to be
taxed.

The above costs have been taxed and allowed at N………………………. as appears
by the Taxing Officer's Certificate dated the …………………… day of ………
…………, 20……..

244
 FORM 59

Judgment For Cost After Acceptance Of Money Paid Into Court

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

The ……………….. day of …………………………… 20…………………

The defendants having paid into Court in this action the sum of N…………………
in satisfaction of the claimant's claim and the claimant having by his notice dated
the ………… day of …….. …………….., 20 ……… accepted that sum in satisfaction
of his entire cause of action and the claimant's costs herein having been taxed and
the defendants not having paid the same within forty-eight hours after the said
taxation; It is this day adjudged that the claimant recover against the defendants
costs to be taxed.

The above costs have been taxed and allowed at N………………………. as appears
by the Taxing Officer's Certificate dated the …………………… day of ……
…………, 20……..

245
 FORM 60

Judgment On Motion After Trial Of Issue

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

Suit No. …………, of 20……………

Between

A.B …………………………………………………………………………….. Claimant

and

C.D and E.F ………………………………………………………………… Defendants

Dated and entered the ……………….. day of ………………… 20…………………

The issues or questions of fact arising in this action (or cause or matter) by the
order dated the …...
……………….. day of ………………… ordered to be tried before ……………
…… … ………
having on the ……………….. day of …………………….., 20………. been tried
before ………
and the …………………………………… having found
……………………………… now on motion before the Court for judgement on
behalf of the …………………………… the Court having
……………………………………………………………………………………………...

It is this day adjudged that the ………………………… recover against the

…………………. the sum of N………………………………… and costs to be
taxed.

The above costs have been taxed and allowed at N………………………. as

appears by the Taxing Officer's Certificate dated the …………………… day of
…… … …………, 20……..

246
 FORM 61

Legitimation Petition

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the matter of the Legitimacy Act (Cap.519)

And
In the matter of A.B. of ………………………

(State name, address and description of the person whose legitimacy the Court is
asked to declare).

The petition of the above-named A.B. shows as follows:

1. Your petitioner resides at ........................................................... ...................................

2. Your petitioner is of the .......................... sex, and was born on the .................... day
of ................. ............, 20.................... at ...........................................................................
The birth of your petitioner is recorded by an entry numbered ………………………
………. made on the ……………… day of ……………………………………, 20……
in the registration of births for, etc. (or as the case may be).

3. Your petitioner is the natural child of C.D of ..............................................................

by E.F. of ..........................................................................................................................
4. At the date of the birth of your petitioner the said E.F. was residing at .....................
and domiciled in ............................................................................................................
5. The said C.D. and E.F. were lawfully married to one another on the ..................
.......... day of ................................, 20.............. at .............................................................
The said C.D. and E.F. have had issue(s) ........................................... children and no
more, namely;
(State names and dates of birth of such issue(s))
6. At the date of the marriage the said C.D was a spinster (or widow as the case may
be) and was residing at ..................... and was domiciled in........................................
7. The following persons are affected by the legitimation as aforesaid in your
petition:
8. The value of the property involved by the legitimation of your petition so far as is
known to your petitioner is N...............................................................................
9. Your petitioner is not acting in collusion with or with the connivance of any

247
 person for the purpose of obtaining a decree and declaration of legitimacy
contrary to the justice of the case.
10. No previous proceeding under the Legitimacy Act or otherwise with reference to
the paternity of your petitioner or the validity of the marriage of the said C.D.
and E.F. have been taken in any Court.
11. Your petitioner undertakes to pay the costs of the respondents to this petition if
the Court so directs.

(Where the petitioner is an infant or person of unsound mind this paragraph should
be struck out and the undertaking of the next friend should be lodged with the
petition).
Your petitioner therefore prays:
That it may be decreed and declared that the said C.D. and E.F. were lawfully
married at ………..........................….. on the ……… day of …………………………,
20……
And that by such marriage your petitioner became legitimated as from the date of the
said marriage (or as from the date of the commencement of the Legitimacy Act
(Cap.103 of 1958 Edition) for the purposes of the Legitimacy Act.

That the costs of the respondents to this petition may be taxed or otherwise
ascertained.

Dated the ……………………. day of ………………………….., 20………………

Note:
It is intended to deliver a copy of this petition to the Attorney-General of the
Federation and to serve this petition on ………………………....…………………….
(See back)
NOTICE

(To be endorsed on the petition)

TAKE NOTICE that the within petition will be transferred from the General Cause
List to the Hearing Paper for ……………….. the ……………………….. day of ……….
………………, 20…………., at………… o'clock in the forenoon at ……………………..
and will come on to be heard on that day if the business of the Court permits or
otherwise on some adjourned day of which you will receive no further notice.

248
If any party desires to postpone the hearing he must apply to the Court as soon as
possible for that purpose and if the application is based on any matter or fact, he must
be prepared to give proof of such fact.

If you desire to make answer to the within petition you must file your answer in the
above Court within twenty-eight days after service of the petition upon you.

If your answer contains matter other than a simple denial of the facts stated in the
petition, the answer must be accompanied by an affidavit made by you verifying
such other matter as you have personal knowledge of and deposing to your belief in
the truth of the rest such other matter.

You must file with your answer as many copies of the answer and the affidavit (if
any) as there are other parties to the petition and also two copies for the use of the
Court.

……………………………….
Registrar

FORM 62
Legitimacy Act Affidavit

(Heading as in form 1)
I, ………………………………. of ……………………………. the petitioner (or the
next friend of the petitioner) in the above matter, make oath and say as follows:
1. That the statement contained in paragraphs .............................................. of
the petition dated the ............................. day of
....................................................., 20................... are true.
2. That the statements contained in paragraphs ............................................ of
my said petition are true to the best of my knowledge, information and
belief.
Sworn, etc.

…………………………………………………..
Jurat

249
 FORM 63

Legitimacy Act Undertaking By Next Friend

(Heading as in form 1)

(Undertaking by Next Friend of Infant to be Responsible for Respondents' Costs)

I, the undersigned G.H. of …………………………………… being the next friend of
A.B. ………………………………….. who is an infant and who is desirous of filing a
petition in this Court under the Legitimacy Act (Cap. 519) hereby undertake to be
responsible for the costs of the respondents to such petition in the manner of
following.
Namely, if the said A.B., fail to pay the respondents or to any of them when and in
such manner as the Court shall order all such costs as the Court shall direct him to
pay to the respondents I will forthwith pay the same.

Dated the ………………. day of ………………….................……….., 20….

………………………………………….
Legal Practitioner for the Petitioner
FORM 64

Legitimacy Act Undertaking For Costs

As legal practitioner for the above-named petitioner, I hereby undertake to be

personally responsible for any cost which the said petitioner may be ordered to pay
to the respondents in this matter or any of them.

Dated the ………………. day of …………………………….., 20…………….

……………………………………………….
Legal Practitioner for the Petitioner

250
 FORM 65

Legitimacy Act Notice To Attorney-General Of The Federation

TAKE NOTICE that the petition in the above matter will be transferred from the
General Cause List to the Hearing Paper for ……………….. the
……………………….. day of …………………….………………, 20………….,
at………… o'clock in the forenoon at …………………….. and will come on to be
heard on that day if the business of the Court permits or otherwise on some
adjourned day of which you will receive no further notice.

………………………………..
Registrar

FORM 66

Legitimacy Act Answer To Petition

The respondent L.M. by P.Q. his legal practitioner (or in person) in answer to the
petition filed in the above matter, says:

1. That the petitioner is not the natural child of E.F. as alleged in the petition
(or as may be);

2. .....................................................................................................................................
Wherefore this respondent humbly prays that the prayer of the petitioner may be
rejected;

Dated the .............................. day of ................................................, 20.........................

251
 FORM 67

Legitimacy Act Decree

(L.S)
Judge
Upon reading the petition of A.B. of ………………………… presented to
this Court in the above matter and upon reading the affidavit(s) of
……………………………………….. and the several exhibits thereto.

And after hearing ……………………………………………………………..

And the Court being satisfied that the allegations contained in the said
petition are true and that a copy of the said petition was duly delivered to the
Attorney-General of the Federation and that all proper persons have been served
with the said petition;

IT IS DECREED AND DECLARED THAT C.D. of ……………………………

and E.F. of ……………..... in the said petition mentioned were lawfully married at
……………………. on the ………………………… day of …………………………….,
20………… And that by such marriage the said A.B. was legitimated for the
purposes of the Legitimacy Act (Cap. 519) as from the …………………… day of
……………., 20………….. (being the date of commencement of the said marriage)
th
(or as from the 17 day of October, 1929 being the date of commencement of the
said Act).

AND IT IS ORDERED that the said AB. do pay to the respondents the costs
of the said respondents to the said petition respectively as follows ..........................
………………………………………………………………………………………………

Dated the .............................. day of ................................................, 20.........................

252
 FORM 68

Receipt to Be Given By Bailiff

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the …………………………………………………….. Judicial Division/

Magisterial District

Receipt No. …………………………

No. of Suit or Plaint …………………………… of ………………………….., 20…….

Date of writ (or order) (or warrant) …………………………………………………...

between ………………………………………………………………… Claimant

and …………………………………………………………………………. Defendant

Received from …………………………. of …………………………………………

N……………………. (……………………….) being ………………………………..

……………………
Bailiff
Date ……………………………….., 20………………………….

253
 FORM 69

Return of Process In Possession Of Bailiff

Return of all Writs, Orders and Warrants in possession of Bailiff …….....................

during month ending ……………………………....……………….., 20………………

Date when From what Statement as

No. of suit Name of Name of Nature of Amount of to what has
or plaint Defendant process process Court process been done
claimant
received received under process

……........…………………
Bailiff

I HEREBY CERTIFY that I have examined this return in accordance with the Act.

….………………………...
(Sheriff or Deputy Sheriff)
Date …………………………

254
 FORM 70

Return of Cash Received By Bailiff

DURING THE MONTH …………………………………………………….., 20……..

No. of suit Name of Date when Amount When When

Name of
or plaint Defendant process of process amount paid to Remarks
claimant
received received Sheriff

……........…………………
Bailiff

I HEREBY CERTIFY that I have examined this return in accordance with the Act.

….………………………...
(Sheriff or Deputy Sheriff)
Date …………………………

255
 FORM 71

Sheriff's Receipts for Writ

Received from ………………………………….. on the ………………………… day of ………………, 20……..
at …....… o'clock in the ……………. Noon, a writ ………………….. dated the ………………… day of ………
20…….. issued in the High /Magistrate Court of the …………………………………… Judicial
Division/Magisterial District in suit (or plaint) No. ………………………….. of ………………………………,
20……………….. between ……………………… Claimant and ………………………… Defendant.

……………….......…..
Sheriff

FORM 72

Sheriff's Register of Process

Date Gross Amount Amount of Balance paid Date No. Of

Court Nature of Date sent realized expenses into Court
No. Suit Claimant Defendant returned paid Court Remark
issuing writ to Bailiff into
by Bailiff N K N K N K Court receipt

256
 FORM 73

Summons for Neglect to Levy Execution

In the High/Magistrate Court of the ……………………..............………. Judicial

Division/Magisterial District of …………………..........………………………. to ……
……………………….....….. of ……....…………………….. bailiff.

You are hereby summoned to appear at a Court to be held at …………………………..

on the ………………………… day of ……………………………., 20………….. at the
hour of ……………………………… in the ………………. noon, to answer a
complaint made against you by ……………… of …………………….. that you, being
employed to execute a process against ………………………. (specify property and
owner or the judgement debtor as the case may be) did, by neglect, connivance or
omission, lose the opportunity of executing the process and to show cause why an
order should not be made against you under the Sheriff and Civil Process Act (Cap.
551 for payment of such damages as it shall appear that the said ……………………….
has sustained by your neglect, connivance or omission.

Dated this …………………………………… day of …………………………………,

20………

…………………......….
Judge (or Magistrate)

257
 FORM 74

General Form of Commencement of Process

in Transferred Proceedings

(General Title-Form 1)

Upon transfer from the

High/Magistrate's Court of the No. of suit (or plaint)
………………. Judicial/Division No. of judgement
Magisterial District (add for each Summons ………………
previous transfer, and upon transfer, etc., as above)

(Continue in the appropriate form, commencing with the first recital, in which the
Court where the judgement was given should be named).

258
 FORM 75

Order Suspending or Staying Judgment or Process or for Discharge of Debtor

(General Title-Form 1)
On the application of …………………….. and the Court being satisfied that the
defendant ………
…………… is unable to pay and discharge the sum recovered against him in this (of
the instalments due under the judgement (or order in this) action (or the defendant
…………………….. having furnished security (or shown cause why he should not
furnish security) (or the claimant having been non-suited) (or the above action
having been struck out) (or the Court being satisfied that the interim attachment
herein should be lifted) or the defendant ………………….. having satisfied the sum
upon payment of which he may be discharged by order of the Court (or having
obeyed) (or being unable to obey) ( or being desirous of obeying and having given
security to obey) the order in this action);

It is ordered that the judgement (or order) in this action be suspended against the
said defendant (or that the interim) execution issued in this action (or on the
judgement summons in this action) be suspended) (or that the order (and warrant) or
commitment made (and issued) in this action be suspended, for (state time) upon the
terms following, namely;
(state terms) …………………… (or that the defendant be discharged (or liberated)
from custody under the order (or warrant) of commitment issued in this action (after
he has been imprisoned thereunder) for ………………….. from the date of this order
unless he shall sooner pay a fine of …………………………(upon the terms following,
namely - state terms, including, if so ordered, liability to re-arrest if the terms are not
complied with).

Dated this …………………………………… day of ………………………, 20………

……………………….
Judge (or Magistrate)

259
 FORM 76

Registrar's Process Book

High/Magistrate's Court of the Federal Capital Territory

/Magisterial District

No. of suit Nature Issued Issued Time hours a.m Registrar’s

Claimant Defendant Date p.m
or plaint of writ for against minutes signature

260
 FORM 77

Writ of Attachment And Sale Against

Immovable Property

(General Title-Form 1)
(Recitals-Form 2)

Whereas no movable property of the defendant (or claimant) can with reasonable
diligence be found sufficient to satisfy the said judgement (or Order):

And whereas upon application of the claimant (or defendant) it was on the
…………….. day of ……………………………….., 20……………… ordered that writ
of attachment and sale should issue against the immovable property of the
defendant (or claimant) for the sum of N........................
(being part of the sum of N………………………. (judgement debt, part thereof
ordered to be levied, or claimant's costs or as the case may be) remaining unpaid:

These are therefore to require and order you forthwith to make and levy the said
sum of N………….
together with the costs of this writ and the costs of executing it, by entering upon
and attaching the immovable property of the defendant (or claimant) wheresoever it
may be found within the Federal Capital Territory, Abuja and by selling it and to
bring what you shall have so levied into Court and to make return of what you have
done under this writ immediately upon the execution thereof:

Notice - The immovable property is not to be sold until after the end of fourteen days
next following the day on which the attachment has been made.

If the defendant (or claimant) is a citizen and the property attached is his right title
or interest in building owned or occupied by him and he is not entitled under
customary law to alienate the building or his right of occupation therein but is
entitled to remove the materials used in construction thereof or some of the, then his
right title or interest in such building shall not be sold without the leave of the
Court.

………………………
Registrar

261
 FORM 78

Notice To Registrar Of Foreign Court Of Payment Under Warrant Or Order Of

Commitment Sent To Him

(General Title-Form 1)

Take notice that the defendant has this day paid to the claimant (or into Court)
N…………………...
for which sum credit should be given on the warrant (or order) of commitment (or
of arrest and detention) which has been sent to you for execution.

FORM 79

Public Notice of Attachment of Land

(General Title-Form 1)

Notice- The land (or this house, or as the case may be) is hereby attached to secure
enforcement against the defendant ……………………… of the judgement of the
Court in the above action and (or house) by purchase, gift or otherwise.

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

………………………
Sheriff

262
 FORM 80

Notice of Attachment
(General Title-Form 1)
To the defendant
Take notice that a writ has been issued for the attachment and sale of your goods (or
land or house, or as the case may be) in execution of the judgement (or order) obtained
against you in this action (or matter) and the amount for which it has been issued is
stated below.
And take notice that your land (or house, as the case may be) is hereby attached and you
are prohibited from selling it or any right, title or interest therein.
If you pay to the Bailiff the total amount to be levied, as stated below, within an hour
after the service of this notice, you will incur no further fees or expenses.
Thereafter you may be liable to pay the Sheriff a fee of two hundred naira daily for
keeping possession of the property and also the reasonable expenses, if any, of feeding
animals, until the amount to be levied together with the amount of such fees and
expenses is paid or the property is sold.
If at any time before the sale of the property you pay to the Registrar or Bailiff (a) the
amount to be levied and (b) the fees and expenses, if any incurred after attachment, this
execution will be superseded and your property will be released.
If you do not pay the amount to be levied and any fees and expenses subsequently
incurred, the property will be sold and any amount that remains unpaid, together with
cost of sale, will be deducted from the proceeds and the balance, if any will be paid to
you.
Your goods (or land, house, as the case may be) will not be sold until after the end of five
(or fourteen) days next following the day on which they were (or it was) attached
unless they are of a perishable nature or you request it.
N K
Amount for which the writ has been issued …………………………….
Fees on issue of the writ ………………………………………………..
Total amount to be levied, exclusive of fees and
expenses incurred after attachment …………………………………….

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

………………………
Registrar

263
 FORM 81

Notice of Claim to Attached Property

(General Title-Form 1)

Take notice that ……………………………. of …………………….. has claimed the

goods (or house) (or land) (or certain goods) (specify the same) (or rent distrainable
upon the goods) attached by the sheriff under the writ of execution issued in this
action. If within ………. days after receiving this notice you give notice to me that
you admit the title of the said ………………….. to the said goods (or house) (or land)
or request the sheriff to remove the attachment, you will not be liable for any cost
incurred after the receipt by me or the Sheriff of your notice.

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

………………………
Registrar

To the claimant ………………………….

Take notice that I admit the title of ………………………………….. of the goods
attached by the Sheriff (or I request you to remove the attachment) under the
execution issued in this action.
Dated this ………………….. day of …………………………………., 20……………

………………………
Judgement Creditor

To the Registrar
(or to the Sheriff)

264
 FORM 82

Notice to Claimant to An Attached Property to Make Deposit or Give Security

(General Title-Form 1)

Whereas you have claimed the goods (or house) (or land) (or certain goods) specify the
same attached in execution by the Sheriff under the writ of execution issued in this
action.

Take notice that you are hereby required, in accordance with Section 33 of the Sheriffs
and Civil Process Act (Cap. 551) either …………………..

(a) To deposit with the Sheriff the amount of the value of the goods (or house) (or
land) so claimed by you, such value to be fixed by appraisemment in case of
dispute, to be paid into Court to abide the decision of the Court upon your
claim; or
(b) To deposit with the Sheriff the cost of keeping possession of such goods (or
house) (or land) until such decision can be obtained; or
(c) To give to the Sheriff security by bond for the value of goods (or house) (or land)
so claimed by you.
And further take notice that in default of your making deposit or giving security the
goods (or house) (or land) will be sold as if no such claim had been made by you, and
the proceeds paid into Court to abide with the decision of the Court.

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

………………………
Registrar

To the claimant ……………………………..

265
 FORM 83

Notice of Application for Private Sale

(General Title-Form 1)

Take notice that this Honourable Court will be moved on the …………………… day of
………….
……………….., 20…… at ……… o'clock in the forenoon, or so soon thereafter as
(counsel for) the above-named claimant can be heard, for an Order for (leave to effect)
the sale by private contract of the movable (or immovable) property of the defendant
attached under a writ issued in this action (or matter) on the ……… day of
…………………………….., 20…………. at ………… o'clock in the ………………. noon
whereunder the total amount to be levied is N…………………………..

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

………………………………
Claimant (or Legal Practitioner)

To ……………………………..

FORM 84

Notice to Person In Possession of Sale of Attached Property

(General Title-Form 1)

Take notice that the goods (or house) (or land) (as the case may be) specified on the back
hereof, lately the property of the above-named ………………………….. and now in
your possession, have been sold under a writ of execution in the above action to
……………., and you are hereby prohibited from delivering possession of the said
goods (or house) (or land) (as the case may be) to any person except the said
…………………………………………………………… the purchaser.

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

………..……………
Sheriff

266
 FORM 85

Certificate of Purchase of Land

(General Title-Form 1)

I hereby certify that ……………………………. of ……………………………… has

been declared the purchaser of the right, title, and interest of the above-named
…………………………...
……………… in the land, messuages, and tenements hereafter mentioned, that is to
say:-

ALL THAT (here describe the land, etc.) ……………… which said land, messuage,
and tenements were sold in execution of a judgement or order in the above action by
order of this Court dated this ………………….. day of …………………………., 20…..

………..……………
Registrar

FORM 86

Writ Of Interim Attachment In Judgment Debtor Proceedings

(General Title-Form 1)

WHEREAS upon adjournment to the …………………….. day of …………………….,

20….....
of the hearing of a judgement summons issued in the above action against the
defendant…………...
…………………… an order was made for the interim protection of the property
hereinafter specified and that the said property should be attached forthwith.

These are, therefore, to require and order you forthwith to seize, take into your hands
enter upon and attach the defendant's property specified on the back of this writ
wheresoever it may be found.

267
 FORM 87

Notice of Consequences of Disobedience to Order of Court

(General Title-Form 1)

To…………………………………. of …………………………………………………..

Take notice that unless you obey the directions contained in this order you will be
guilty of the contempt of Court and will be liable to be committed to prison.

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

………..……………
Registrar

FORM 88

Notice to Show Cause Why Order of Committal Should Not Be Made

(General Title-Form 1)

Take notice that the claimant (or defendant) will on ……………………………..day

of ………… ………………………., 20……….. at the hour of …………………… in
the ………….. noon apply to this Court for an order for your committal to prison
(for having disobeyed the order of this Court made on the ……………….. day of
…………………………….., 20……… enjoining and restraining you from (here set
out the terms of injunction); or for having neglected to obey the order made on the
(here set out the mandatory part of the order).

And further take notice that you are hereby required to attend the Court on the
first-mentioned day to show cause why an order for your committal should not be
made.

………..……………
Registrar

268
 FORM 89

Certificate That Labour Has Been Ordered For Debtor Prisoner

(Heading as in Form 1)

I hereby certify that the Court has directed that the herein-named ……………………
be employed in work within the prison during (state period) of the term of his
imprisonment.

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

………..……………
Registrar

FORM 90

Warrant of Committal of Judgment Debtor In Default of Security

(General Title-Form 1)

To the Sheriff and to the Officer in charge of ……………………….…………. Prison

WHEREAS upon the adjournment to the …… day of …………………………., 20…..

of hearing of a judgement summons issued in the above action against the defendant
……………………., it is today ordered that the said defendant should give security
for his appearance on that day, himself in N………………….. and
……………………….. surety in N ………………….. (each) and in default of finding
such security should be committed to prison until that day, unless he should sooner
give such security or pay the sum stated below as that on payment whereof he is to be
discharged.

These are, therefore, to require you, the said sheriff, to take the said defendant and
deliver him to the officer in charge of the prison at ……………………. And you the
said officer to receive the said defendant and keep him safely in the said prison until
the day above-mentioned, when you shall bring him (or deliver him to the sheriff to
be brought) before this Court at the hour of ……………...

269
in the …………………………. noon, unless he shall be sooner discharged by due
course of law.

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

………..…………………….
Judge (or Magistrate)

N K
Sum on payment of which the debtor is to be
discharged …………………………………………………
(For use when part payment made after issue of warrant …..
Deduct amount paid after issue of warrant ………………….
Balance on payment of which the debtor is to be
discharged …………………………………………………..

………..……………………
Registrar
Note
A separate warrant must be issued in respect of every defendant required to be
arrested.

270
 FORM 91

Warrant of Committal or Remand of Judgment Debtor for Misconduct

(General Title-Form 1)

To the Sheriff and to the Officer in charge of ……………………………………. Prison

(First Recital – Form 17 Sheriffs and Civil Process Act (Cap. 551)

And WHEREAS on the ……………… day of …………………………., 20……. at the

hearing of (or being the return day of) a judgement summons issued in this action
against the said defendant (and duly served upon him) the said defendant refused to
be sworn (or to disclose the matters on which he was examined) (or did not answer to
the satisfaction of the Court) (or it appeared to the Court that the said defendant
refused or willfully neglected to pay on demand the sum of N………………...
payable in pursuance of the said judgement (or order) and had (or had since the date
of judgement or order) sufficient means to pay the said sum) (or that the said
defendant, etc., reciting any other misconduct of the kind enumerated in Section 66
of the Sheriff's and Civil

Process Act Cap. 551) (or the said defendant did not attend and did not excuse his
non- attendance to the satisfaction of the Court).

AND WHEREAS on the said hearing (or return) day the Court made an order calling
upon the said defendant to show cause why he should not be punished for such
misconduct or (non-attendance) (or issued a warrant for the arrest of the said
defendant);

AND WHEREAS on the …………… day of ………………………………., 20…………

(the return day of the said order to show cause) the said defendant was brought
before the Court in custody (or attended) as directed by the said warrant (or order)
and did not show cause why he should not be punished (or the said defendant failed
to attend as directed by the said order and has not established sufficient reason for
not attending) and it was ordered that a warrant should be issued for the remand (or
arrest and commitment) of the said defendant as for a contempt of Court of ……..
………………… (Unless he shall sooner pay the sum stated below as that upon
payment of which he is to be discharged);

271
These are, therefore, to require you, the said Sheriff, forthwith to (arrest the said
defendant and) safely convey and deliver him (or the said defendant) to the Officer in
charge of the Prison at ……...
………………… and you the said officer to receive the said defendant and keep him
safely in the said prison for ……………. from the arrest under (or date of) this
warrant or until he is sooner discharged by due course of law.

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

………..…………………….
Judge (or Magistrate)

N K
Sum in payment of which the defendant has made
default at the time of the issue of the judgement summons ………………
Fees and costs on issue of the judgement summons ………………………
Deduct amount paid since issue judgement summons …………………….
Fees for issue of this warrant ……………………………………………..
Sum of payment of which the debtor may (or is to) be discharged
by the order of the Court ………………………………………………....
(For use when part payment made after issue of warrant)
Deduct amount paid since issue of warrant ……………………………….

Balance (if any) on payment of which the debtor may be

(or is to be) discharged by order of the Court ……………………………..

………..…………………….
Registrar
Note:
A separate warrant must be issued in respect of every defendant required to be
remanded or arrested.

272
 FORM 92

Warrant of Committal for Contempt

(General Title-Form 1)

To the Sheriff and to the officer in charge of ……………………………………. Prison

WHEREAS by an order of this Court dated the …… day of ……………………., 20…..

(here recite the order).
AND WHEREAS on the …………………. day of …………….. 20……….. (or having
been duly served with the said order), was guilty of a contempt of this Court by
breach of (or by neglecting to obey) the said order, that is to say, by (here set out the
particular matter of contempt), order that he be committed for his contempt.

These are, therefore, to require you, the said sheriff, forthwith to arrest the same
…………………..
and safely convey and deliver him to the officer in charge of the Prison at
……………….. and you the said officer to receive the said ………………… and keep
him safely in the said Prison until further order of the Court.

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

………..…………………….
Judge (or Magistrate)
(If required, add;)
Note
The costs of the issue and execution of this warrant and of the application for the
order grounding it, were upon the hearing of the application ordered to be paid
by the said ……………………………..

………..…………………….
Registrar

273
 FORM 93

Warrant of Arrest And Detention ff Judgment Debtor

(General Title-Form 1)

To the Sheriff and to the Officer in charge of ………………..……………………. Prison

WHEREAS on the ……………… day of …………………………., 20……. a judgement

summons was issued from this Court against the defendant ……………
………………. in the above action returnable on the …………………….. day of
………………………….., 20………...

AND WHEREAS it is necessary to secure or enforce the attendance of the said

defendant to answer the said summons or (it appears to the Court that) the said
defendant has been guilty of misconduct at the hearing of the said summons (or in
relation to the judgement debt) and he is required to show cause why he should not
be punished for such misconduct unless he shall sooner pay the sum stated below as
that on payment of which he shall be discharged.

These are, therefore, to require you the said Sheriff to arrest the said defendant and
bring him before this Court forthwith (or on the ……………….. day of
………………………….., 20…………) (or at the first convenient opportunity) (or
upon the further order of the Court) and in the meanwhile to deliver him to the
Officer in charge of the Prison at …………………….. and you, the said Officer, to
receive the said defendant and keep him safely in the said Prison until the
……………. day of
……………………, 20………… (or until the first convenient opportunity when he
may be brought before the Court or until the further order of the Court), when you
shall bring him (or deliver him to the Sheriff to be brought) before this Court at the
hour of ……………………… in the ……… noon unless he shall be sooner discharged
by due course of law.

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

……………………………….
Judge (or Magistrate)

274
 N K
Sum in payment of which debtor is to be discharged
For use when part payment made after issue of warrant ………………

Deduct amount paid after issue of warrant ……………..……………….

Balance on payment of which the debtor may be
discharged by order of …………………………………………………….

……….…………………….
Registrar
Note:
A separate warrant must be issued in respect of every defendant required to be
arrested.

FORM 94

Production Warrant

(General Title-Form 1)

To the Sheriff and to the Officer in charge of …………………………………..…. Prison

These are to require you the Officer in charge of the Prison at …………………., to
bring the defendant …………………… now in your custody (or to deliver the
defendant ……………. now in your custody to the Sheriff and you the said Sheriff to
bring the said defendant) before this Court on the …………….. day of
……………………………………….., 20……………….. at the hour of ……………. in
the ………. noon, unless he shall be sooner discharged by due course of law and to
have there then the order (or warrant) under which the said defendant was
imprisoned.

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

……..……………………….
Judge (or Magistrate)

275
 FORM 95

Praecipe for Issue of Order or Warrant of Committal (1)

(General Title-Form 1)

Claimant's names in full ……………………… No. of plaint ………………

His residence and occupation or No. of suit …………………..
description ………………………………….. No. of judgement summons
…………………………………………………. No. of Order of
Commitment
Names of all defendants ……………………..
…………………………………
………………………………………………. Subsistence allowance per
diem ..
Name of defendant against whom order of …………………..…. to be
paid
commitment was made …………………….. before issue of warrant
…………
……………………………………………… …………………………………..
NOTE
A separate order of warrant must be issued against every defendant required to
be arrested.

His address and occupation or description

…………………………………………………….
I hereby request you to issue ( a warrant for the enforcement of) the order of
commitment (or arrest and detention) made under Section 58, 65, 66, 68 or 72 of
the Sheriff's and Civil Process Act (Cap. 551) against the above-named defendant
on the ……………….. day of …………………….., 20..
...........……………………………………….
Judgment Creditor or Legal
Practitioner

NOTE

To be filled out by the Registrar if payment has been ordered through the Court.
Date of Judgment (or order) Sum in payment of which

276
defendant has
……………………………………… made default at the time of the issue of
Order ……………………………….. the judgement summons.
committed on ………………………. N : K
……………………………, 20……. Fees and costs on issue and hearing
for ………………..………….. days of judgement summons.
Order suspended for ………..……… N : K
on payment of ……………………… Deduct …………………………..
………………………….………….. Fees for issue of Order of warrant
…………………………….………. ………………………………….

FORM 96

Praecipe for Issue of Order or Warrant of Committal (2)

(General Title-Form 1)

NOTE

Subsistence money has been fixed at N…………………. per diem, of which the
sum of N………….. has been paid to me by the judgment creditor.

………….........……….
Registrar

FORM 97

Praecipe for Issue of Order or Warrant of Committal (3)

(General Title-Form 1)

To the Officer in charge of

……………………………………………………....................... Prison.

Take notice that, in accordance with the provision of Section 39 of the Sheriff's and
Civil Process Act (Cap. 551), this order (or warrant) of commitment has been sent to

277
me and that the debtor, if arrested within the division (or district) of this Court, is to
be conveyed to the above-named Prison and is to be there kept for the time
mentioned in this order (or warrant) unless sooner discharged by law.

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

………..………………….
Registrar

FORM 98

Certificate by Officer in Charge Of Prison on Payment of Judgment Debt

(General Title-Form 1)

I hereby certify that the defendant, who was committed to my custody by virtue of
an order of commitment made by the High/Magistrate's Court of the Federal
Capital Territory, Abuja/Magisterial District bearing the date the ……………. day
of ………….............…., 20…
has paid and satisfied the sum of money for the non-payment whereof he was
committed, together with all cost due and payable in respect thereof (and that I have
today discharged him out of my custody).

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

……………………………….
Officer-in-charge of Prison

To the Registrar of the High/Magistrate's Court of the Federal Capital Territory,

Abuja/Magisterial District.

278
 FORM 99

Notice of Part Payment

(General Title-Form 1)

Take notice that the defendant who was committed to your (or my) custody by
virtue of an order (or warrant) issued from the High/Magistrate's Court of the
Federal Capital Territory, Abuja/Magisterial District bearing the date of the
………………………. day of ………………….
…………, 20……… has paid the sum of N…………………………………… towards
satisfaction of the sum of payment whereof he is to (or may) be discharged (by
order of the Court) and you are to deduct (or I have deducted the sum paid from
the last-mentioned sum as entered on the said order, (or warrant) of commitment
for non-payment of the balance.

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

……………………………….
(Registrar)
(or Officer-in-charge of Prison)

To the Officer-in-charge of the ………………………………………………… prison

(or to the Registrar of the …………………………………………………………….
Court of the ……………………………………………....………. Division/District).

279
 FORM 100

Endorsement of Refusal of Discharge Order

(General Title-Form 1)

To the Officer in charge of …………………………………………....................... Prison.

Take notice that, upon hearing the application of the within-named defendant for his
discharge, the Court on the ……………………… day of ………………….., 20………
has seen fit to make no order, and this warrant remains in full force and effect and
you are to keep the defendant in your custody accordingly.

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

…….……………………….
Judge (or Magistrate)

FORM 101

Endorsement of Recommittal

(General Title-Form 1)

The within-named defendant, having failed to comply with the terms, upon which
he was liberated (or to make a full disclosure of his property), was today ordered
to be recommitted to prison for (state period) and this order (or warrant) now
operates accordingly.

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

……………………………….
Judge (or Magistrate)

280
 FORM 102

Writ of Interim Attachment

(General Title-Form 1)

WHEREAS it has been shown to the satisfaction of the Court that the defendant...
with intent to obstruct or delay the execution of any judgment that may be given
against him in this suit, is about to dispose of (or remove from the Federal Capital
Territory, Abuja) or that defendant is absent from the Federal Capital Territory,
Abuja (or that there is probable cause to believe that the defendant is concealing
himself to evade service) and that the claimant is beneficially entitled to the debts
or the property hereinafter specified;

AND WHEREAS on the ………………….. day of …………………………….., 20 ….

it was ordered that the said defendant should within ……… days thereafter
appear and show cause why he should not furnish security in the sum of
N…………. ; (or to produce and place at the disposal of the Court the value of the
said property) or such portion of the said property as may be of the value of ……
……………………………………………….………………………………….. )

AND WHEREAS it was further ordered that the said property should be attached
forthwith, pending the defendant's (appearance) (or furnishing such security) (or the
said period of ………….. days has expired and the defendant (has failed to appear
and) has not furnished such security);

These are, therefore, to require and order you forthwith to seize, take into your
hands, (enter upon) and attach (such portion of) the defendant's property specified
on the back of this writ (as may be of the value of N……………………) whosesoever
it may be found within the ……………...............................………………….. Judicial
Division/Magisterial District (except the wearing apparel and bedding on him and
his family and the tools and implements of his trade to the value of (Five Hundred
Naira) and to hold the same until the further order of the Court and to make return of
what you have done under this writ immediately on the execution thereof.
Dated this ………… day of …………………………………………..…., 20……

……………………………….
Judge (or Magistrate)

281
 FORM 103

Warrant to Arrest Absconding Defendant

(O.33)
(General Title-Form 1)

WHEREAS there is probable cause for believing that the defendant

……………………… is about to leave (or has) (or is about to) dispose of or remove
(some part of) his property from the jurisdiction of the Court by reason whereof the
execution of any judgment which may be given against him in this suit is likely to be
obstructed or delayed;

You are hereby commanded to bring the said defendant before this Court forthwith,
in order that he may show why he should not give bail for his appearance at any time
when called upon while this suit is pending and until execution or satisfaction of the
judgment (if any).

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

………..…………………….
Judge
To the Sheriffs and Bailiffs of the Court
Fees on issuance of this warrant N……………………………………………………...
Notice- If the defendant gets bail before a Magistrate or Justice of the peace in the sum
N………..
...........……. With sufficient surety (for his appearance as aforesaid) (or for the
satisfaction of the judgment) or if he deposits with you for transmission to the Court
the sum of N……………. or other property of the same or greater value, he shall
thereupon, in respect of this warrant, be discharged out of your custody.

282
 FORM 104

Writ of Delivery

(General Title-Form 1)

WHEREAS on the ……………………………….. day of ………………………., 20…….

the claimant obtained judgement against the defendant …………………………… for
the recovery of (specify the goods which the Court has ordered to be recovered of the
defendant) ……………….……………. of the value of N……………………………
(and for the payment of N…………….. for damages for the detention of the said
goods) and N………………………… for costs and it was ordered that the said
defendant should return the said goods to the claimant (or pay the said sum of
N………………… their value) on or before the ………………………. day of
……………..............……., 20………..

AND WHEREAS the said defendant did not on or before the said ……………………
day of …….....................……, 20………….. return the said goods to the claimant and
default has been made in payment according to the said order of the said sum(s) of
N……………….. for damages (and ……………………………. for costs) (and ………
………………… the value of the said goods);

These are therefore to require and order you forthwith to seize the said goods,
wheresoever they may be found within the Federal Capital Territory,
Abuja/Magisterial District, and to deliver them to the claimant.

And if the goods cannot be found by you within the Territorial/District, you are
required and ordered to make and levy the said sum of N………………………….
(the assessed value of the goods) by distress and sale (except the wearing apparel and
bedding on him or his family and the tools and implements of his trade, to the value
of Five Hundred Naira), and also by seizing and taking any money, bank notes, bill of
exchange, promissory notes, bonds, specialties or securities for money belonging to
the said defendant which may there be found or such part or so much thereof as may
be sufficient to satisfy this execution in respect of the said sum on N………… … … ....

And you are further required and ordered to make and levy the said sum of N………
(damages for detention) and the said sum of N………………….. costs, together with
the costs of this writ and the costs of executing it by distress and sale of the goods and

283
chattels of the said defendant, wheresoever they may be found within the Federal
Capital Territory, Abuja/Magisterial District (except the wearing apparel and
bedding on him or his family and the tools and implements of his trade, to the value
of Five Hundred naira), and also by seizing and taking any money, bank notes, bill of
exchange, promissory notes, bonds, specialties or securities for money belonging to
the

said defendant which may there be found or such part or so much thereof as may be
sufficient to satisfy this execution in respect of the said sum on N……………… …

And you are further required to bring into Court what you have levied and to
make return of what you have done under this writ immediately upon the
execution thereof.

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

……………………………….
Judge (or Magistrate)
To the Sheriff and Bailiff of the Court.
N K
Assessed value of the specified goods ……………………..
Damages for detention of goods …………………………..
Costs ………………………………………………………
Fees on issuance of this writ ………………………………….
Total amount to be levied exclusive of
further costs, if any, of execution ………………………….

Application was made to the Registrar for this writ at ………………………

minutes past the hour ……………………… in the ……………………. noon of the
day last mentioned above.

NOTE
The goods and chattels are not to be sold until the end of five days next following
the day on which they were seized unless they are of a perishable nature or the
defendant requests it.

……..……………………….
Registrar

284
 FORM 105

Writ Of Delivery With Execution Against Immovable Property

(General Title-Form 1)
(Recital 1 and 2-Form 147)

WHEREAS no movable property of the defendant can with reasonable diligence be

found sufficient to satisfy the said sum(s) of N………………………… (damages) and
N………………………….(costs) and N…………………….. (value of goods);
AND WHEREAS upon the application of the claimant it was, on the …………… day of
…………………………., 20………. ordered that execution must be levied upon the
immovable property of the defendant for the sum of N……………………. being part of
the said sum(s) of …………………………… (and N………………………….. and
N……………… remaining unpaid).
These are, therefore, to require and order you forthwith to seize the said goods,
wheresoever they may be found within the Federal Capital Territory,
Abuja/Magisterial District and to deliver them to the claimant.

And if they cannot be found by you within the Territory/District, you are required and
ordered to make and levy the said sum of N………………………… (the assessed value
of the goods) by entering upon and attaching the immovable property of the defendant
wheresoever it may be found within the Federal Capital Territory, Abuja/Magisterial
District and by selling the same or such part or so much thereof as may be sufficient to
satisfy this execution in respect of the sum of N………
And you are further required and ordered to make and levy (the said sum of
N……………….. (damages for detention) and the sum of N…………………….. (costs)
together with the costs of this writ and the costs of executing it, by entering upon and
attaching the immovable property of the defendant wheresoever it may be found
within the Federal Capital Territory, Abuja/Magisterial District and by selling the same
or such part or so much thereof as may be sufficient to satisfy this execution.
And you are further required to bring into Court what you have levied and to make
return of what you have done under this writ immediately upon the execution thereof.

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

…………………………….
Registrar
NOTE
(as in form 118)

285
 FORM 106

Writ of Sequestration

(General Title-Form 1)
To ……………………………………………………………………………………………….

WHEREAS on the ……………………………….. day of ………………………, 20… the

claimant obtained judgment (or an order) in this Court against the defendant
…………………for the sum of N…………………………. for debt (or damages) and
costs (or that ………………(recite the effect of the order);

AND WHEREAS upon the failure of the said defendant to pay the said sum (or
comply with (or obey) the said order) there was issued from this Court on the
……………….. day of ……………, 20………….. and order for the commitment (or a
warrant for the commitment) (or arrest and detention) of the said defendant;

AND WHEREAS the said defendant is not and cannot be found (or is taken and
detained in custody without obeying the said judgment or order);

Know ye, therefore, that by these presents, full power and authority is given to you to
enter upon all the immovable property whatsoever of the said ……………………… and
collect, receive and sequester into your hands not only all the rents and profits of the said
immovable property, but also all his movable property whatsoever; and therefore you
are commanded that you do at certain proper and convenient days and hours go and
enter upon all the immovable property of the said ……………………… and that you do
collect, take and get into your hands not only rents and profits of his said immovable
property, but also all his movable property and detail and keep the same under
sequestration in your hands until the said ………………….. shall clear his contempt or
this Court shall make other order to the contrary.

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

………………………
Judge
Application was made to the Registrar for this writ at ………………………………
minutes past the hour of …………….. in the …………… noon of the day last
mentioned above.

………………………
Registrar

286
 FORM 107

Register of Judgment

(Enter of Court)

287
Name and *Remarks (Enter here
Index No. of Date of Full title of Full title of address of party Name and address Date of Abstract of order make under Signature of
registration Registration Court Court to whom of party ordered to judgement judgement Section 106 of the registering
issuing payment is to be pay money or to do
issuing made or in Sheriffs and Civil Officer
certificate certificate whose favour or not to do any act Process Act (Cap. 551)
judgement is and particulars of
given amount recovered

*Magistrate's Court …………………………………………………………. Federal Territory, Abuja.

 FORM 108

Notice of Registration of Certification of

Judgment

In the HIGH COURT OF THE FEDERAL CAPITAL

TERRITORY.
OR
In the MAGISTRATE'S COURT ….................................…

To the Registrar,
High Court/ Magistrate's Court of the Federal Capital Territory.

Suit No. ………….….

………………………………………… vs. ………………………………………………..

TAKE NOTICE that the certificate of judgement issued out of your Court on the
…………………..
day of ……………………. in respect of the above-named suit, has this day been
registered in the Nigerian Register of Judgements kept in this Court.

Given under my hand this …………………….. day of ……………………………,

20…………..

………………………………………
Registrar
High Court/Magistrate's Court*
*Delete words not required.

288
 FORM 109

Notice of Issue of Process

In the HIGH COURT OF THE FEDERAL CAPITAL

TERRITORY.
OR
In the MAGISTRATE'S COURT ….................................…

To the Registrar,
High Court /Magistrate's Court of the Federal Capital Territory.

Suit No. …………….

………………………………………… vs. ………………………………………………..

TAKE NOTICE that on the …………………… day of …………………, 20…………..

(here state nature of process, etc.), for ……………………………… (here state the
amount in respect of which process was issued) was issued out of this Court upon the
Certificate of judgement in the above-mentioned suit.

GIVEN under my hand this ……………….day of ……………………………, 20…….

………………………………………
Registrar
High Court/Magistrate's Court*
*Delete words not required.

289
 FORM 110

Notice of Payment Into Court

In the HIGH COURT OF THE FEDERAL CAPITAL

TERRITORY.
OR
In the MAGISTRATE'S COURT ….................................…

To the Registrar,
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.
OR
In the MAGISTRATE'S COURT ….................................…

Suit No. ……………..

………………………………………… vs. ………………………………………………..

TAKE NOTICE that on the …………………………………… day of ………… ………

…… ……, 20………….. the sum of N ………………………… was paid into this
Court in full (or part payment as the case may be) satisfaction of the judgement
certified in the certificate of judgement issued out of your Court on the
……………….. day of …………………………, 20….. in the above-mentioned suit.

………………………………………
Registrar
High Court/Magistrate's Court*
*Delete words not required.

290
 FORM 111

General Form of Title of Proceedings

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ……………………………………………..………………………. Judicial
Division holding at ………………………………………………………………………
Suit ………………...
Between
A.B. …………………………………………………………………………….. Claimant
and
C.D ……………………………………………………………..…………….. Defendant

In the matter of (here state the title of any law or rule of law by which this Court is
given power to entertain the proceedings).

Refer to the matter in respect of which the proceedings are brought.

FORM 112

General Form of Affidavit

(Heading as in form 1)

(Full names of deponent) of (residence of deponent, followed by his occupation,

religion and nationality) make Oath and say as follows: Here set out in numbered
paragraph the facts deposed to.
……………….
Deponent

Sworn to at …………………………………… in the ………………………………….

this ……………………………. day of …………………………, 20…………………..

BEFORE ME

…………………………………..
Commissioner for Oaths

291
 FORM 113

General Form of Conclusion of Notices

(Titles as in form 1)

TAKE NOTICE that ……………………………………………………………….. (state

concisely the subject matter of the notice)
Dated this ……………… day of …………………………………………, 20…………
Signed ………………………. of (Agents for ………………………………………….
(Solicitors for the above-named claimant (defendant) or where the notice is given
by the party acting in person, the above-named claimant (defendant) in person).

To …………………………………………………………….
The above-named defendant (claimant)
And to ……………………………………………………….
His Solicitor

292
 FORM 114

Notice of Set-off or Counter-Claim

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the …………………………………………………………………………… Judicial
Division
Holden at ………………………………………………………………………………….

Suit No. …………….

Between

A.B. …………………………………………………………………………….. Claimant

and

C.D …………………………………………………………………………….. Defendant

TAKE NOTICE that the defendant intends to apply to the judge of the High Court of
the Federal Capital Territory at …………………………………. on
……………………….. day of……………………., 20………………. at ……………
………… ………….. o'clock
for an order that he be at liberty pursuant to the order of this Court to (set-off his
defence herein claimed or serve a counter-claim) upon the following grounds. (set
out in numbered paragraphs particulars of the claim).

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

……………………
Judge

293
 FORM 115

Order for Consolidation

(State the Order under which the action is

brought)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the …………………………………………………………………… Judicial Division
Holden at ……………………………………………………………

Suit No. …………….

Between
A.B. …………………………………………………………………………….. Claimant

and
C.D …………………………………………………………………………….. Defendant
and
Suit No. ………….
Between
A.B or E.F. .…………………………………………………………………….. Claimant

and
C.D. or G.H. .………………………………………………………………….. Defendant
(Add the suit numbers and titles of all the actions or matter to be consolidated)

IT IS HEREBY ORDERED that these actions or matters be consolidated and do

proceed as one action or matter at any special term)

Dated this ………………………………. Day of ……………………………, 20……….

……………………
Judge

294
 FORM 116

Undertaking by Defendant Applying for Stay

of Proceedings

(State the Order under which the action is

brought)

WHEREAS the above-named actions or matters have been brought in this Court
by the said …………………………………………. and ……………………… ………
… …………… against me and several causes of actions arise out of the same
alleged breach of contract (or wrong or other circumstances).

NOW THEREFORE, I UNDERTAKE to be bound, so as to my liability in the said

actions is concerned, by the judgment of the Court, in such one of the actions as
may be sealed by the Court.

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

Defendant ………………………………………
Address …………………………………………
………………………………………………….
…………………………………………………

295
 FORM 117

Order to Stay Proceedings

WHEREAS the above actions have been commenced in this Court against the
said.......………………… in respect of causes of action arising out of the same
alleged breach of contract (or wrong or other circumstances).

AND WHEREAS the said …………………………………………. has filed an

undertaking to be bound so far as his liability to the claimants …………………..
and ………………… in the said actions is concerned, the decision of the Court in
one of such actions.

IT IS HEREBY ORDERED that the ……………………………… action be stayed

until judgement shall have been given in the action.

AND IT IS FURTHER ORDERED that the costs of this application and of the order
thereon be costs in the.………………………………………………………… action.

AND IT IS FURTHER ORDERED that this order shall be served on the said
………………and ………………………………….

……………………………….
Judge

296
 FORM 118

Notice to Claimant in Other Actions of Judgment in Selected Action

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ………………………………………………………………….. Judicial Division

Holding at ……………………………………………………

Suit No. …………….

Between
A.B. …………………………………………………………………………….. Claimant
and
C.D …………………………………………………………………………….. Defendant
and
Between
E.F. .. ………………………………………………………………………….. Claimant
and
C.D. ……………………………………………………………………………Defendant
WHEREAS on the ……… day of ……………………………………, 20…………..
It was ordered that the above-mentioned action of
………………………………………… vs……………………… should be stayed until
judgment should have been given in the above-mentioned action of ………...........
………… …………………….. vs ………………………

TAKE NOTICE that on the ………………. day of ……………………………………,

20…….. judgment was given in the said action of ……………………………………
vs …………………..…………………………… in favour of the defendant.

AND FURTHER TAKE NOTICE that the said defendant will be entitled to his
costs of above-mentioned action of …………………………………………. vs
…………………………….. up to the date of the said order of the ………. day of
………………………………., 20…….. unless you said ………………………… shall
on or before the (1) ……………………. day of …………
…………………, 20……………… give to me written notice to set down the action
of ………….……………………….. vs …………………………………….. for hearing.
(2) TAKE NOTICE that on the ……………… day of ………………………, 20……..

297
judgment was given in the said action of …………………………………………….
vs ………………………………………… in favour of the claimant.
AND FURTHER TAKE NOTICE that you will be at liberty to proceed with action
of …………..…………………………….. vs ………………………………………. for
the purpose of ascertaining and recovering the debt (or damage) and costs and
that if you desire so to proceed you must on or before the (1)
………………………… day of …………………………, 20………
give to me written notice to set down the action of
…………………………………… vs ………………………………. for hearing.

Dated this ……………………. Day of …………………………………, 20………….

To the above-named claimant.

……………………………..
Registrar

298
 FORM 119

Third Party Notice

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ………………………………………………………………….. Judicial Division
Holden at ……………………………………………………………………………….

Suit No. …………….

between
A.B. ………………………………………………………………………….. Claimant
and
C.D …………………………………………………………………………….. Defendant
and
C.F. ………………………………………………………………..……… Third Party

TAKE NOTICE that this action has been brought by the claimant against the
defendant or ……………………………… and that the claims against you that –
(a) He is entitled to contribution from you to the extent of;............................. or
(b) He is entitled to be indemnified by you against liability in respect of...... or
(c) That he is entitled to the following relief or remedy relating to or
connected with the original subject matter of the action namely ............... or
(d) The following question or issue relating to or connected with the subject
matter of the action should properly be determined as between the
claimant and the defendant and the ................ third party namely;
The grounds of the defendant's claim are: -----------------------------------------------------
AND TAKE NOTICE that if you dispute the claimant's claim against the
defendant of the defendant's claim against you, you must take all necessary steps
for your defence and appear on the day fixed for hearing of the action when the
claimant's claim against the defendant and the defendant's claim against you will
be heard and determined.

In default of your appearing on the day of hearing you will be deemed to admit-
(1) The claimant's claim against the defendant; and
(2) The defendant's claim against you; and
(3) Your liability to (contribute to the extent claimed or (indemnify the
defendant); or

299
 (4) The defendant's right to the relief or remedy claimed in paragraph (c)
above; and

(5) The validity of any judgment in the action; and will be bound by the
judgement in the action which may be enforced by execution against yours
goods.

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

……………………
Registrar

300
 FORM 120

Undertaking by Next Friend of Infant or Committee of Persons of Unsound

Mind to be Responsible for Defendant's Cost

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ……………………………………………………………….. Judicial Division

Holden at ……………………………………………………

Suit No. …………….

I, the undersigned …………………………….. of ………………………… being the
next friend of ………………………………. who is an infant/a person of unsound
mind and who is desirous of commencing an action in this Court against
………………………. of ………………… hereby undertake to be responsible for
the cost of the said, ……………………. in those proceedings, in manner following
namely, if the said ………………………….. fail to pay to the said ………….
when and such manner as the Court shall order, all such cost of the proceedings
as the Court shall direct him to pay to the said
………………………………………………….. I will forthwith pay the same.

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

(Signed) …………………….
Signed by the above-named in my presence ………………………………… ……
…………… ……………………………………………………………………… Solicitor
Address …………………………………………………………………………………...

BEFORE ME

COMMISSIONER FOR OATHS

301
 FORM 121

Plaint Note

(Heading as in Form 1)

Defendant or Fees paid

No. of Plaint or Matter
Respondent
Plaint or matter Hearing

The above action (or actions) or matter (or matters) was (or were entered) this day
and will be heard at …………………….. on ……………………… the day of ………
… ……………, 20…….. at the hour of ………………….. in the ………….. noon.

Dated this ……………… day of …………………………………………………,

20………
NOTE-Bring this plaint note with you when you come to the Court or the Court
office for any purpose connected with these proceedings.

On the day of hearing bring all books and papers necessary to prove your claim.
Money will not be paid out of the Court except on production of this plaint note
and on your or your representative's personal attendance.

If you obtain a judgement against the defendant all money ordered to be paid
thereunder must be paid into Court and must not be received by you from the
defendant unless the Court directs payment to be made to you.

302
 FORM 122

Affidavit on Application for Issue of Duplicate Plaint Note

(Heading as in Form 1)

I (A.B. or E.F.) of address and occupation …………………………………… make

Oath and says as follows:
(1) I am (the claimant or solicitor for the claimant as the case may be) in this
action and in that capacity have had in my custody the plaint note issued in
this action.
(2) I have made diligent search for the said plaint note but have been unable to
find it and to the best of my belief the said plaint note has been
accidentally lost or destroyed.
(3) (There has been no change in my interst in the subject (subject matter or
judgement obtained) in this action and I am entitled to receive any money
paid into Court by the defendant or to the best my knowledge and belief
there has been no change in the claimant's interst in the subject matter or
judgement obtained in this action and the claimant is entitled to receive
any money into this Court by the defendant).
(4) I am authorised by the claimant to apply for and receive on his behalf a
duplicate of the said plaint note as appears by the authority at the foot
hereof signed by the claimant.

Sworn to at the …………………………………………………………………….

Court registry this ……………………….. day of ………………………., 20……

……………………………………..
Deponent/Registrar

I (A.B.) the claimant in this action hereby authorize (name) of (address) to apply
for and receive on my behalf a duplicate of the plaint note issued in this action.

………………………
Claimant
*This affidavit is filed on behalf of the claimant.

303
 FORM 123

Ordinary Summons

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ………………………………………………………………….. Judicial Division
Holden at …………………………………………
Suit No. …………….
Between

……. …………………………………………………………………………….. Claimant

and

………………………………………………………………………………….. Defendant
The claimant claims
………………………………….

N : K
Debt or Damages (particulars are attached)
Court Fee
Other Disbursements costs
TOTAL

You are hereby summoned to appear at ………………………………………………

High Court ………………………………………………………………………………
(address of Court)
On the ……………………. day of ……………………………………, 20…… at
……………. o'clock in the ………........ noon when the claim will be heard.
To the Defendant
Dated this ………………….. day of …………………………………., 20…………

………………………
Judge or Registrar

You are advised to read it carefully and to complete it and return it to the
Registrar of the Court if you have a counter claim or special defence or wish to
admit the claim and thus save costs.

304
 FORM 124

Admission Counter-Claim Special Defence

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ……………………………………………………………….. Judicial Division
Holden at ……………………………………………………………………………..

Suit No. …………….

Between
……. ………………………………………………………………………….. Claimant
and
………………………………………………………………………………….. Defendant
I admit the claimant's claim (or N………………… part of the claimant's claim) and
I ask leave to pay the same with the costs on that amount, on the …………….. day
of ……………………, 20….
….. (or by instalment of N………………… per …………………………….) because..
………………………………………………………………………………………………
………………………………………………………………………………………………
………………or I have a special defence (such as limitation of action, infancy,
discharge under any written law, res judicata ………………………. or I have a
counterclaim or set-off against the claimant for N…………………………………..
To be signed here by defendant………………………………………………………..
Defendant's address for service in the state ……………………………………………

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

Note: Where the defendant admits the whole or part of the claims, his signature
should be witnessed by a Solicitor, or by the Registrar or other officer of the Court.

305
 FORM 125

Service Endorsement on Any Document of

Which Personal Service is Effected (Except a
Witness or Judgment Summons)

(Heading as in Form 1)

Notice of the personal service of ……………………………………………… in this

suit was on ……………………… the ………………….. day of ……………………….,
20………………. Served by me on ……………………………………………………
Endorsed the ………………….. day of ……………………………………., 20……….
Signature …………………………………………………
Address …………………………………………………..

FORM 126

Order for Substituted Service

UPON READING the affidavit of ………………………… of ……………………….

Sworn upon the ………………. day of ………………………………………… 20……
IT IS HEREBY ORDERED that a …………………… issued in this action together
with a copy of this order be served on some inmates of above the apparent age of
eighteen years at …………….. being the usual (or last known) place of residence
(or business) of…………………………………………………………………………
………………………………………………………………………………………………
(Name of claimant, defendant, witness of party)
at …………………………. being the usual (or last known) place of residence (or
business) of the said ………………………………… (or that notice of the
……………………. be published in the ………………………….. newspaper in
(number) separate issues) (or that a copy of the …………
…………………….. in this action (or matter) shall be affixed to premises at
……………… being the usual (or last known) place of residence (or business) of
……………………(or as may otherwise be ordered by the Court).

ORDERED this ………………………… day of ………………………….., 20…………

……………………….
Judge

306
 FORM 127

Substituted Service Notice in the Federal Capital Territory.

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ………………………………………………………………….. Judicial Division

Holden at ……………………………………………………

Suit No. ………….

TAKE NOTICE that an action has been commenced against you in the above
Court by …………..
………………….. of ……………………………………. for …………………………..
and that an order has been made that publication of a notice of the entry of such
action (in the Federal Gazette or the ……………………………………..…………
Newspaper or by posting up at ……………...…………. shall be deemed to be
good and sufficient service of the summons or………………………………………)
on you.

THIS ACTION will be heard at ………….. on the ……………….. day ……., 20…
………………. at the hour of …………….. in the …………………. noon, on which
day you are to appear and if you do not appear either in person or by legal
practitioner you will be bound by any decision or order given or made in the
proceedings.

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

…………………………
Registrar

307
 FORM 128

Service Endorsement of Substituted Service

(Heading as in Form 1)

NOTICE of the writ of Substituted Service was on the ………………. day of………
……………. 20……………….. served by me ……………………………. on the
defendant by………………………………………………………………………………
(State form of service)
………………………………………………………………………………………………
………………………………………………………………………………………………

Endorsed the…………………….. day of ………………………, 20……………………

Signature …………………………………………
Address …………………………………………...

FORM 129

Service Endorsement on Summons to Witness

(Heading as in Form 1)

NOTICE of the Summons to Witness in this suit was on the …………. day of ……….
20………… served by me ……………………………. on the ………………..

Endorsed the ………………….. day of …………………………, 20…………………

Signature …………………………………………
Address …………………………………………...

308
 FORM 130

Service Endorsement of Ordinary or Default Summons

(Heading as in Form 1)

NOTICE of the …………………………………. Summons was on the ……………….

day of ……………………. 20……………….. served on ………………………… ……
……………… by me …………………………….……………….………………..

Endorsed the …………….. day of …………………………, 20…………………………

Signature …………………………………………
Address …………………………………………...

FORM 131

Affidavit to Ground Default Summons

(Heading as in Form 1)

I, A.B. of ………………………………………… make Oath and say that C.D. of

(address, occupation) is indebted to me in the sum of N…………………… …… ……
… …… for …………………………… ………… …… … .. and I further say that C.D. is
not-
(a) An infant or a person of unsound mind or a lunatic; or
(b) An outdoor servant or a person engaged in manual labour or the wife of such
a servant or person; or
(c) A person residing out of the jurisdiction of the Court and that the claim is not-

(1) To recover money lent by a money lender as defined in the Money Lenders Act
(Cap. 525) or interest on money so lent or to enforce any Agreement made or
security taken in respect of money so lent:
(2) On behalf of an assignee of a debt or other thing in action; or
(3) To recover money secured by a mortgage or charge

309
 Signed (A.B) ………………

Sworn on the …………………………………..

BEFORE ME
………………………………….
COMMISSIONER FOR OATHS

Note- When this affidavit is made by a Clerk, alter the form accordingly and add the
following:
“That I am a person in the employment of A.B. and that I am duly authorized by him
to make this affidavit and that it is within my own knowledge that the aforesaid debt
was incurred and for the consideration above stated and that such debt to the best of
my knowledge and belief still remains unpaid and unsatisfied.

FORM 132

Summons to Obtain Judgment by Default in Personal Service

(Heading as in Form 1)

TO THE DEFENDANT:
The summons …………………………… of which this true copy was served by me
on C.D. the defendant personally at …………………… on
………………………………… day of ……….………………………, 20……… …..
judgement may be obtained against you and enforced without further notice
within ten days of the service of this summons inclusive of the day of service on
you.

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

……………………………………..
Bailiff of the High Court

310
 FORM 133

Notice of Intention to Defend

(Heading as in Form 1)

TAKE NOTICE that the defendant intends to defend this action (or matter) on
behalf of or for the benefit of (state names or persons as in order) as well as on his
own behalf.

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

..……………………..
Registrar

FORM 134

Praecipe for Entry of Judgment in Default Action

(Heading as in Form 1)

I hereby REQUEST that judgment by default be entered against the defendant

(name of the defendant or if there are some defendants than one and it is desired
to enter judgment against some or one only, name them or him), payable
forthwith or on the ………………………… day of …….……………………. or by
instalments of N………………….. for every …………………….. the first
instalment to be paid to the ………………… day of …………………………, 20….
N : K
Amount of claim as stated in summons
Amount (if any), since received by claimant
Balance of claim for which judgment to be entered

Court fees entered on the summons

Costs entered on the summons
Costs (if any) on entering judgment

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

………………………………
Claimant or Claimant Legal Practitioner
To the Registrar of the Court.

311
 FORM 135

Notice to Claimant of Payment Into Court of Whole Claim With or Without

Cost
(Heading as in Form 1)

TAKE NOTICE that the Defendant ( ) had paid into Court

N……………..
being the full amount of your claim in this action (together with the costs entered
on the summons).

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

……………….
Registrar
To the Claimant.

312
 FORM 136

Affidavit on Application on Behalf of Infant or Person of Unsound Mind for

Appointment of Guardian Ad Litem
(Heading as in Form 1)

I, …………………………… of ……………………. make Oath and say as follows:

(1) The defendant was served with the ........................ in this action (or matter)
on the ........................... day of .............................................................., 20............
(2) The defendant ................................. is an infant (or person of unsound mind
not adjudged a lunatic)
(3) .................. is fit and proper person to act as guardian ad litem of the said
defendant and has no interest in the matters in question in this action (or
matter) adverse to that of the said .................................................................. to
act as such guardian is hereto annexed.
SWORN to at the …… Registry this ………………… day of ………….., 20………

BEFORE ME
…………………………..
COMMISSIONER FOR OATHS

FORM 137

Order Appointing Guardian Ad Litem

(Heading as in Form 1)

On the application of …………………….. and on reading the affidavit of …… …

………….. sworn on the …………………………………….. day of ……… …… … …
… ……………, 20…… and the consent thereto annexed.
IT IS ORDERED that ……………………………. of ………………………….. be
appointed to act as guardian ad litem of the defendant
…………………………………………….. an infant (or person of unsound mind not
so found by inquisition).

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

……………...
Judge

313
 FORM 138

Certificate of Judgment or Order

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ……………………………………………………………….. Judicial Division

Holden at ……………………………………………………

Suit No. ………….

Copy of entries in the books of the Court relating to the action or matter of
……………………….…………………. vs …………………………………… (Suit
No. ………………..) in which judgment was entered (or an order made) in this
Court on the …………………… day of ……………………………….., 20………..

314
 FORM 138

Certificate of Judgment or Order

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY.

In the ………………………………………………………………….. Judicial Division
Holden at ……………………………………………………

Suit No. ………….

Copy of entries in the books of the Court relating to the action or matter of
……………………….…………………. vs …………………………………… (Suit
No. ………………..) in which judgment was entered (or an order made) in this
Court on the …………………… day of ……………………………….., 20………..

Form and subject Name and Name and Abstract of Abstract of

matter of action or address of party address of party judgment or order judgment stating
matter. in whose favour ordered to pay and date when amount (if any)
judgment or order money or to do or given or made ordered to be
was given or not to do a paid the rate of
made. particular thing. interest (if any)
payable thereon
and date from
which it is
payable and
particulars of any
act ordered to be
done or not

I certify that the above is a true copy of entries in the books of this Court relating
to the action or matter above mentioned.

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

N.B – This certificate is delivered for the purpose of …………………………………

………………………
Registrar
has sustained by your neglect, connivance or omission.

315
 FORM 139

Record Book of High Court

Civil Cause Book of High Court of the
Federal Capital Territory.

Record Book of Civil Causes in the …………………………………………......... High

Court from the ……………………… day of …………………………….., 20…… to
the day ………………..…………………… day of ……………………………, 20……

No. of suit Date of Name of Name of Substance Date of Judge Costs

or filing suit claimant defendant of suit or judgment adjudicating
application or (or (or matter or Final
application Applicant) Respondent) Order

……………………………………
Checked and signed by Judge

316
 FORM 140

Order of High Court Referring Proceedings to Arbitration

(Heading as in Form 1)

IT IS HEREBY ORDERED with the consent of all parties that these proceedings be
referred to the Arbitration of ………………………………… whose Award, to be
made on or shall be entered as the judgment in this action (Add any further
direction given by the Judge).

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

……………………………
Judge

FORM 141

Order of Reference of Proceedings or

Question for Inquiry or Report
(Heading as in Form 1)
IT IS HEREBY ORDERED that these proceedings and all questions arising therein
(or the following question arising in these proceedings, namely (state the question
………………………) be referred to ……………….. of ……………………. for
inquiry and report, pursuant to …………………………….. of
………………………………… the ……………………………
(Add directions if any, as to how reference is to be conducted)

AND IT IS ORDERED that the …………………………………………………………

is to complete his inquiries and file his report and give notice to the parties by the
………………… day of ………………………………………, 20…………… unless the
time is further enlarged by the Court.

AND IT IS FURTHER ORDERED that these proceedings stand adjourned for the
consideration of the report until the …………………… day of………………., 20…
at the hour of ……………………………… in the ………………………… noon or if
the time for filing the report be enlarged, to such later day as may hereafter be
fixed.

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

317
 FORM 142

Bond by Person Giving Security

KNOW ALL MEN BY THESE PRESENTS that we …………………………………..

of …………………………………………………………………………………………
and …………………………………………………………………………………………..
are jointly and severally held and firmly bound to …………………………………..
in the sum of ……………………………………………………. Naira to be paid to the
said …..…………… or his certain attorney, executors, administrator or assign for
which payment to be well and truly made, we bind ourselves and each and every
one of us, in the whole, our and each of our heir, executors and administrators
jointly and severally, firmly by these present. Sealed with our seals and dated this
…………………. day of ………………………, 20……….

Whereas:
NOW THE CONDITION of this obligation is such that if the
(1) Here recite the
above bounders ……...………………………………… do (2) ……
circumstances in
which the bond is ………………………. Then this obligation shall be void and of no
taken effect, otherwise the same shall remain in full force and virtue.

SEAL
(2) Here state THE
OBLIGATION SEAL
undertaken
SEAL
Signed, sealed and delivered by the above-bounden in the
presence of

…………………………………..
Judge or Commissioner for Oaths

318
 FORM 143

Summons to Witness to Give Oral Evidence

(Heading as in Form 1)

YOU ARE HEREBY summoned to attend at …………………………………. On …

……………….. the ………………….. day of ……………………………….., 20…….
at the hour of ……………………. in the ……………… noon, and so from day to
day, until the above action or matter is tried, to give evidence in the above action
or matter.

IN DEFAULT of your attendance you will be liable to forfeit N………… if there

was paid or tendered to you at the time of the service of this Summons your
reasonable expenses of travelling to and from the Court together with a sum as
compensation for loss of time according to the prescribed scale.

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

……………………….
Judge or Registrar

To …………………………………….. of ………………………………………………
This summons was issued on the application of the (Claimant or Defendant)

Sum to be paid or tendered to the witness N………………………………………..

319
 FORM 144

Summons to Witness to Produce Documents

(Heading as in Form 1)

YOU ARE HEREBY summoned to attend at ………………………. on the …… …

…….. day of ………………………………….., 20…….. at the hour of ……………
…….. in the ……………
……… noon and so on from day to day until the above action or matter is tried to give
evidence in the above action or matter and also to bring with you and produce the
several documents hereunder specified. (Here insert list of documents required to be
produced).

IN DEFAULT of your attendance or of production by you of the several documents

herein before specified or any of them you will be liable to forfeit N………………….
if there was paid or tendered to you at the time of the service of this summons, your
reasonable expenses of travelling to and fro the Court together with a sum as
compensation for loss of time according to the prescribed scale. (Where the witness is
merely required to produce documents the words “to give evidence in the above
action or matter and also” should be omitted).

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

………………………
Judge or Registrar

To …………………………………………. of …………………………………………….
This summons was issued on the application of the (claimant or defendant).

Sum to be paid or tendered to the witness N…………………………………………..

320
 FORM 145

Notice to Produce Documents at Hearing

(Heading as in Form 1)

YOU ARE HEREBY summoned to attend at …………………………………...........

on the …………………….. day of ………………………………, 20…………. at the
hour of ………… in the ……………. noon and so on from day to day until the
above action or matter is tried and to bring with you and produce the several
documents hereunder specified.

(Here insert list of documents required to be produced)

IN DEFAULT of your attendance or of production by you of the several

documents herein before specified or any of them you will be liable to forfeit
N………………….. if there was paid or tendered to you at the time of service of
this summons your reasonable expenses of travelling to and fro the Court
together with a sum as compensation for loss of time according to the prescribed
scale.

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

………………………
Judge or Registrar

To …………………………………………. of …………………………………………….
This summons was issued on the application of the (claimant or defendant).

Sum to be paid or tendered to the witness N…………………………………………..

321
 FORM 146

Order of Forfeiture for Non Attendance of Witness or for Witness Refusing to

be Sworn or Give Evidence

(Heading as in Form 1)

WHEREAS …………………………………………… of ……………............................

was duly summoned to appear as a witness in this action at the …………………
………………….
Court holden on the …………………………… day of ……………………., 20……
and at the time of being so summoned was paid (or tendered) his travelling expenses
(add, if witness was not a judgment debtor on a judgment summons) and
compensation for loss of time according to the scale of allowance prescribed.

AND WHEREAS he has refused or neglected without sufficient cause shown to

appear at the Court (or to produce) (described what he was required by the summons
and bound to produce).

OR WHEREAS he has refused (to be sworn) or (to give evidence).

OR WHEREAS ………………………… of …………………………… being this day
present in Court and being required by the Court to give evidence in this action
refused to be sworn (or to give evidence).

IT IS HEREBY ORDERED that the said ………………….. do pay the sum of

N………………..
to the Registrar of this Court on the ……………. day of ……………….., 20……….

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

……………………
Judge

322
 FORM 147

Notice to Show Cause Why Forfeiture Should

Not Be Ordered
(Heading as in Form 1)

TAKE NOTICE that the claimant (or defendant) will not ……………… the day
………………….., 20……….. at the hour …………………………….. in the ……….
noon apply to this Court for an Order (state the circumstances necessitating the need
for a forfeiture order).

AND FURTHER TAKE NOTICE that you are hereby required to attend the Court on
the first mentioned day to show cause why an order for forfeiture should not be
ordered against you.
……………………
Registrar

FORM 148

Application to Obtain Order to Bring Up

Prisoner to Give Evidence
(Heading as in Form 1)

I, …………………… of……….……… the claimant (or defendant) state as follows: -

1. That the above action is appointed to be HEARD AT THIS COURT ON
the .......................................... day of ............................, 20......... and that
................... now a prisoner confined in ................... prison, will be a
material witness for me at the said hearing.
2. That I (am advised and) verily believe that I cannot safely proceed to the
hearing of the said action without the testimony of the said
...................................................................................
AND I HEREBY MAKE APPLICATION to his Lordship the Judge of this Court
for an order under section …………. of the High Court Act that the said ……….
may be brought before this Court to be examined as a witness on my behalf.
Dated this …………………… day of ………………….., 20……………………

…………………….
Applicant

323
 FORM 149

Order to Bring Up Prisoner to Give Evidence

(Heading as in Form 1)

To (officer who has custody of prisoner)

WHEREAS ………………………………… has made application to me, for an

order under the High Court ……………………………………….. Act or Rule to
bring up before this Court ……...
…….. who it is said is detained as a prisoner in your custody, to be examined as a
witness on behalf of the said ………………………………………….. in the above
section.

YOU ARE THEREFORE, by this order issued pursuant to the said section,
required upon tender made to you of a reasonable sum for the conveyance and
maintenance of a proper office or offices and of the said ……………………………..
in going to, remaining at and returning from this Court, to bring the said
………………………….. before this Court at ………………….. on …………….…
…….. the ………….. day of ……………………….., 20…… at the hour of …………
in the ………….. noon, then and there to be examined as a witness on behalf of the
said ………………… shall have given this testimony before this Court, you place
from which he shall have been brought under this Court.

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

…………………….
Judge

324
 FORM 150

Judgment for Claimant (Single Payment)

(Heading as in Form 1)

IT IS ADJUDGED, that the claimant do recover against the defendant the sum of
N…………………………… for debt (or damages), and N…………………………….
for costs, amounting together to the sum of N………………………… (AND the
defendant having paid the sum of N……………………….. into Court (or to the
claimant).

IT IS ORDERED, that the defendant do pay the sum of N…………………………..

to the Registrar of this Court on the ………………………….. day of
………………………, 20…….

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

………………….
Judge

325
 FORM 151

Judgment Where Counter-Claim Has Been

Made

(Heading as in Form 1)

IT IS ADJUDGED, that the claimant do recover against the defendant the sum of
N…………………………… for debt (or damages), and N…………………………….
for costs, amounting together to the sum of N………………………… (or that
judgment be entered for the defendant (or that a nonsuit be entered) in this action
and that the claimant do pay the sum of N………………………, for the defendants
cost).

AND IT IS FURTHER ADJUDGED, that the defendant do recover on this counter-

claim against the claimant the sum of N……………………………… for debt (or
damages), and N…………..
……………………….. for costs, amounting to the sum of N……………….. (or
judgment to be entered for the claimant on the defendant's counter-claim (or that
the counter-claim be struck out) and that the defendant do pay the sum of
N…………………… for the claimant's costs of the said counter-claim). (If the same
party succeeds both in the action and on the counter-claim proceed as follows):

AND IT IS ORDERED that …………………… do pay to the Registrar of this Court

the sum of N…………. being the balance in favour of ……………………. after
deducting the amount adjudged to the …………………………. as aforesaid.

AND IT IS ORDERED that the said sum be paid on the ………… day of …………
…….., 20…..
…………. or by instalments of N…………………….. for every ……………………..
the first instalment according to this order, executions or successive executions may
issue for the whole of the said sum and costs the remaining unpaid or for such
portion thereof as the Court shall order.

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

…………………….
Judge

326
 FORM 152

Judgment for Delivery of Goods

(Heading as in Form 1)

IT IS ADJUDGED, that the claimant do recover against the defendant the following
goods of the claimant wrongfully detained by the defendant; that is to say (specify
the goods which the Court decides have been detained) of the value of N
……………….. (and also the sum of N…………..… for damages for the detention of
the said goods) and the sum of N……………… costs.

AND IT IS ORDERED that …………………… do pay to the Registrar of this Court

the sum of N…………. being the balance in favour of ……………………. after
deducting the amount adjudged to the …………………………. as aforesaid.

AND IT IS ORDERED that the said sum be paid on the … day of …………….., 20…
..…………. or by instalments of N…………………….. for every ……………………..
the first instalment according to this order, executions or successive executions may
issue for the whole of the said sum and costs the remaining unpaid or for such
portion thereof as the Court shall order.

AND IT IS FURTHER ADJUDGED, that the defendant do recover on this counter-

claim against the claimant the sum of N……………………………… for debt (or
damages), and N…………..……………………….. for costs, amounting to the sum
of N……………….. (or judgment to be entered for the claimant on the defendant's
counter-claim (or that the counter-claim be struck out) and that the defendant do
pay the sum of N…………………… for the claimant's costs of the said counter-
claim). (If the same party succeeds both in the action and on the counter-claim
proceed as follows):

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

………………….
Judge

327
 FORM 153

Judgment for Claimant (Payment By Instalments)

(Heading as in Form 1)

IT IS HEREBY ADJUDGED that the claimant do recover against the defendant the
sum of N…….
……………….. for debt (or damages) and cost N…………..……………… amounting
together to the sum of N……………………. and the defendant having paid the sum
of N……………….. into Court (or to the claimant).

IT IS ORDERED that the defendant do pay the sum of N…………. to the Registrar of
this Court by instalment of …………………… for every ……………………; the first
instalment to be paid on the …………. day of ………………………………… …, 20…

AND IT IS ORDERED that the said sum be paid on the …… day of ………….., 20…..
…………. or by instalments of N…………………….. for every ……………………..
the first instalment according to this order, executions or successive executions may
issue for the whole of the said sum and costs the remaining unpaid or for such
portion thereof as the Court shall order.

IN CASE default be made in payment of any instalment, according to this order,

execution or successive executions may be issued for the whole of the said sum and
costs then remaining unpaid or for such portion thereof as the Court shall order.

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

…………………….
Judge

328
 FORM 154

Notice of Application for A New Trial

(Heading as in Form 1)

TAKE NOTICE that ………………… will apply to ………………………………….

Court at ………………………………….. o'clock on ……………………
20……………… to fix a date for a new trial of this action.

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

Signed
Signed…………………………….
Solicitor for claimant
(Defendant)

To ……………………………………………... Solicitor for the claimant (defendant)

I/We ………………………….. Solicitor for the claimant (defendant) consent to
this application.

………………………….
Oppose

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

Signed…………………………….
Solicitor for claimant
(Defendant)

329
 FORM 155

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL

TERRITORY
PROBATE DIVISION
AFFIDAVIT OF ATTESTING WITNESS OF WILL

IN THE MATTER OF ................................................................................... DECEASED

I, ...................................................................................................................................
of ……............................................................................................................ make Oath
and say: I am one of the subscribing witnesses to the last Will
of............................................................................ late of …………….......................
…………………………………………………………………………………. deceased
(The said Will being now hereto annexed). Bearing date of
........................................ day of ........................... 20 ............... and that the
Testator.................................. executed that said Will on the day of the date thereof
by ......................................................................... and
the same now appears thereon in the presence of me, and of....................................
...............................................................................................................................the other
subscribed witness thereto ........................................................... of us being present
at the same time, and we thereupon attested and subscribed the said Will in the
presence of the Testator ………………………………………………………….

JURAT
2. That the said Will was, previously to the execution thereof as aforesaid
Correctly interpreted to the Testator ................................................................... in
our presence by................................................................................................ of
........................................................................... and the Testator. Appeared
perfectly to understand the same.

BEFORE ME

COMMISSIONER FOR OATHS.

330
 FORM 156

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL

TERRITORY, NIGERIA

PROBATE REGISTRY
DECLARATION AS TO NEXT-OF-KIN FORM
Name (in full) …………………………………………………………. Deceased.
Address (at date of death) ………………………………………………………….
Was the Deceased permanently resident there? ……………………………………
Country of origin of the Deceased ………………………………………………….
………………………………………………………………………………………
Name of Wife/Wives or Address Form of Marriage (i.e Customary)
Law and customs or Marriage
Ordinance and date of such
Marriage
………………………………………………………………………………………
Name of Children Age Mother of each Child and Address
………………………………………………………………………………………
………………………………………………………………………………………
If any of the minor children of the Deceased are not resident with their mother, state
with whom they are now living
Name of such children Name and address or person with whom they live
………………………………………………………………………………………
………………………………………………………………………………………
(If space provided is insufficient particulars may be put on separate sheet)

Name and address of the Deceased's father, Brothers

………………………………………………………………………………………
Mother ………………………………………………………………………………………
Sister ………………………………………………………………………………………
Have you any claim against the Estate? ……………………………………………
Who do you say is entitled beneficially to the Deceased property?
……………………………………………………………………………………………………
……………………………………………do solemnly and sincerely make the above
declaration conscientiously believing the same to be true and correct and by virtue of the
provisions of Oaths Act 1990, Declared at the Probate Registry, High Court of the F.C.T
this ……. Day of ……………………………………………, 20…………………………

BEFORE ME

COMMISSIONER FOR OATHS.

331
 FORM 157

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL

TERRITORY
ADMINISTRATION BOND (WILL ANNEXED)
IN THE MATTER OF ..................................................................... DECEASED
KNOW ALL MEN, by these Present, that
we...............................................................................................................................
………………………………………………………………………………………………
of.............................................................................................................................................
and.........................................................................................................................................
of.............................................................................................................................................
are jointly and severally bound unto ..............................................................................
the Chief Registrar of the High Court of Justice Abuja. in the sum of ........................
naira, to be paid to the said ..............................................................................................
or the Chief Registrar of the said Court for the time being; for which payment we
bind ourselves and each of us for himself in the whole, our and each of our Heirs,
Executors and Administrators, firmly by;
These presents. Sealed with our seals. Dated the
........................................................ day of....................................................... 20...........
The condition of the above written obligation is such, that if the above-
named............................................ the intended Administrator with Will annexed of
the personal property of ...................................................................................................
late of ……………………..................... ............................................................................
deceased who died on the .......................................................... day of .....................
...................................................... 20.................. do make a true and perfect inventory
of the personal property of the deceased.........................................................................
Which has or shall come into......................................................................................
Possession, or into the possession of any person for ....................................................
and the same so made do exhibit into the High Court of Justice
of FEDERAL CAPITAL TERRITORY, whenever required by law so to do, and the
same personal property ................................................................... and all other the
personal property of the deceased, which shall at any time after the making and
exhibition of such inventory come into the possession of the
said................................................... or of any person for ..............................................
do well and truly administer (that is to say) do pay the debts which
the deceased owed at........................................................................... death, then the
legacies given by the said Will annexed in the said Letter of Administration

332
as for as such personal property will extend and the law
bind..................................................................................................................... And all
the residue of the said personal property shall deliver and pay unto such persons
as shall be by law entitled thereto: and further do make a true and just account of
..................................................... said administration whenever lawfully required
then this obligation shall be void, otherwise shall remain in force.

Signed, sealed and delivered by the above-named

In the presence of

FORM 158

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL

TERRITORY, NIGERIA

LETTERS OF ADMINISTRATION (WILL ANNEXED)

BE IT KNOWN that ………………………………………………………..
late of ……………………………………………………………………………………
deceased,, who died on the.................... day of............................................, 20.............
at ......................................................................................................................... and who
had at the time of his death his fixed place of abode
at...................................................................................... within the jurisdiction of this
Court, made and duly executed his last
Will.........................................................................................................................................
..............and did therein name .........................................................................................
............................................................................................................
AND BE IT FURTHER KNOWN that on the................ day of .................. 20.....
Letters of Administration with the said Will
…................................................................... annexed of the personal property of the
deceased were granted by this Court to ................. ................................. he having
been first duly sworn.

.....................................................................
Registrar

333
 FORM 159

BANK CERTIFICATE

No………………………
PROBATE REGISTRY,
HIGH COURT OF JUSTICE.
DATE …………………….

I hereby certify that: ……………………………………………………………

Has/have applied for Letters of Administration/Probate of the personal property
of ……………… Deceased and has/have authority to enquire on my behalf as to
any sum standing to the credit of the deceased in the Books of any bank or as any
debts due to the deceased by any other person.

(……………………………………………………)
FOR: PROBATE REGISTRAR

334
 FORM 160

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL

TERRITORY, NIGERIA
PROBATE REGISTRY
INVENTORY
In the name of ............................................................................................... (Deceased)
(Otherwise.............................................................................................................................
....................................................) A true declaration of all the personal property of:-
Late of ..................................................................................................................................
Deceased who died on the ...........................day of......................................., 20………
at .................................................................................................................................
at the time of his/her death his/her fixed place of abode is at
………………………… ……………………………………………… Within the
jurisdiction of this Court, which has at any time since his/her death come to the
possession or knowledge of ................................
..................................................................... the Administrator/Administratrix with
the Will annexed of the said......................................................... made and exhibited
upon and by virtue of (The Oath of the said
........................................................................................................
..........................................................................................................As follows:-
First we/I declare that the Deceased was at the time of his/her death possessed
of or entitled to:
N K
Money in Bank.........................................................................................................
(a) Savings Accounk..........................................................................................
(b) Current Account...........................................................................................
(c) Deposit Account...........................................................................................
Money found at Home..............................................................................................
Debts due to the Deceased.......................................................................................
Particulars and value of property held by the Deceased as Lessee ………………
Stock-inTrade …………..............................................................................................
Motor Vehicles (buses, motor car, motor cycles).........................................................
Personal Chattels (in details).......................................................................................
Carried forward …………………………………………………………

BROUGHT FORWARD

TOTAL

335
Lastly, we/I say that no personal property of the Deceased has at time since
his/her death come to our/my possession or knowledge in here in hereinbefore
set forth:
The foregoing having been first read in English Language
And interpreted to the Illiterate Deponent(s)
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
in ………………………… Language by me …………………………………..
and when …………………………………… seems perfectly to understand the
same
before affixing ……………………………. Thumb print(s) thereon ……………

………………………………
Signature of Declarant

On the ……………………….. day of ……………………………, 20…………………

………………………………………………………………………………………
said ………………………………………………………………………………………

Sworn to the truth of the above written Inventory:

BEFORE ME

COMMISSIONER FOR OATHS

* The above Attestation Clause to be completed where Illiterate Deponents are.

336
 FORM 161

IN THE HIGH COURT OF THE

FEDERAL CAPITAL TERRITORY.

PROBATE REGISTRY

In the Estate of ……………………………………………………….. Deceased

Who died on the ……………… day of ……………………………… 20………..

PARTICULARS OF FREEHOLD/LEASEHOLD PROPERTY LEFT BY THE

DECEASED

Full Address of If let, state Rents paid Rates paid Capital

Property of whom let per month per month Value at the
(each Tenant’s death of
name should Deceased
be given)

Full particulars of the property must be given to enable the value

………………………… Executors or of the property to be assessed. The normal
base of valuation …………… Administrator is the value the property would
have fetched.
*The foregoing having been first read over in English Language and interpretated
to the Illiterate Deponent(s) in …………………………………………………………..
Language by me …………………………………………………… and when
he/she/they seemed perfectly well to understand the same before affixing his/her
their signatures or left thumb impressions thereon.

337
 FORM 162

IN THE HIGH COURT OF THE

FEDERAL CAPITAL TERRITORY
PROBATE REGISTRY

OATH FOR EXECUTOR

IN THE MATTER OF ……………………………………………… DECEASED
We …………………………..……………………………………………………
of …………………………………………………………………………………
Make oath and say: That …………………………… ……………….. believe the
paper writing hereto annexed and marked by ……………………………………..
to contain the true and original Last Will of ………………………………………
Late of ……………………………………………………………………………..
(Deceased) and that ..……………………………………………………………… the
Executors therein named, and that …………………………………………..
…….……………….…….. will faithfully administer the personal property of the
Testator by paying ………………………………………….. just debts and the
legacies given by …………………………… will so far as …………………
……………………. Personal property shall extended and the Law bind
…………………………….……. that ………………………………………….. Will
exhibit and Inventory and render an account of ………………………….…
……………………….……. Executorship as lawfully required. That the Testator
lied at ………………………………………………………………………………
On the …………………………. Day of ……………………. 20………………. That
at the time of …………… Death ……………………………………… had
……………………………………………………… fixed place of abode at ……
………………………… within the jurisdiction of this Court and that the whole of
…………………..…… ………………………………………………………
Personal property does not amount in value to the sum of ………………………
…………………………………………………….. Naira to the best of ……
Knowledge, information and belief.
Sworn to at the Probate Registry,
High Court of the Federal Capital Territory, Abuja
This ………. Day of ………………. 20……………

BEFORE ME

COMMISSIONER FOR OATHS

338
 FORM 163

IN THE HIGH COURT OF THE

FEDERAL CAPITAL TERRITORY.

PROBATE DIVISION
OATH LEADING TO RESEALING

IN THE MATTER OF……………………………………………… DECEASED.

I/WE, ……………………………………………………………………….
…………………………………………………………… make oath and say: -
1. That a grant of Probate of the Will*/Letters of Administration of the personal
estate* of …………………………………………………. Late of
.……………………………………………………………..........…..
Deceased, who died on the ……………………. Day of ………............ ……………..
20……………….. at ………………………………… was granted to…………………
……………… by the ……………………………. Court ………………………………
on the ……………… day of ……………………………, 20……………
2. That the said deceased was at the time of his/her death domiciled in
……………………………………………………………………………
(the following words to be struck out if inapplicable)
Within the jurisdiction of the said Court.
3. That the Notice hereunto annexed was inserted in the F.C.T of Nigeria Gazette
and in the ................. newspaper on the ……………………….. day of
………………………20……
4. That I am the Attorney lawfully appointed of ……………………..............
………………………………………. uder his/her/their hand(s) and seal(s) and
am duly authorized to apply to this Court for the sealing of the said grant*/the
person authorized in writing by the said ………………
…………………………………………………………………………………. to apply
on his/her/their behalf for the sealing of the said grant.*
5. That the value of the personal estate in the FEDERAL CAPITAL TERRITORY
amounts to the sum of
……………………………………………………………………… and no more to the
best of my knowledge, information and belief.
6. That no minority or life interest arises.
__________________
Deponent
Sworn at the …………………………………………..……………………
This ……… day of …………………………………………………., 20………………………

BEFORE ME

COMMISSIONER FOR OATHS

339
 FORM 164

FEDERAL CAPITAL TERRITORY JUDICIARY .

PROBATE DIVISION

JUSTIFICATION OF SURETIES

IN THE MATTER OF ...................................................................... DECEASED

We …...................................................................................................................................
of ..........................................................................................................................................
and ........................................................................................................................................
of ...........................................................................................................................................
severally make Oath and say, that we are the proposed sureties in the penal sum
of .................………. Naira on behalf of ............................ the intended
administrator(s)/administratix(es) of the personal property
of......................................................................late of ................... deceased, for his
faithful administration thereof.
And I the said......................................................................................... for
myself, make Oath
and say, that I am, after payment of all my just debts, well and truly worth in
money and effects the sum of.............................................. Naira.
(Sgd)........................................................
And I the said .........................................................................................................
for myself, make Oath and say, that I am, after payment of all my just debts, well
and truly worth in money and effects the sum of .....................................Naira
(Sgd)…………………………………
Sworn to as the ................................................................................................

BEFORE ME

COMMISSIONER FOR OATHS

340
 FORM 165

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL TERRITORY,

NIGERIA
ADMINISTRATION BOND (WITHOUT WILL)

In the matter of ____________________________________________________ Deceased

KNOW ALL MEN BY THESE PRESENTS that we are jointly and severally bound unto
the Probate Registrar of the High Court of Justice of Nigeria, in the sum of ____________
Naira, to be paid to the said ________________________________ ____________ or the
Probate Registrar of the said Court for the time being; for which payment we bind
ourselves and each of us, for himself, in the whole, our and each of our heirs, executors
and administrators, firmly by these presents. Sealed with our Seals. Dated the
________________ day of ________ ___________ 20__________
The conditions of the above-written obligation is such, that if the above-named
_____________________________________________________ the intended administer of
the personal property of _________________________________________________ late of
______________________________ deceased, who died on the _____________________
day of ____________________ 20___________, do make a true and perfect inventory of
the personal property of the deceased which has or shall come into
____________________ possession, or into the possession of any person for ____________
and the same so made to exhibit into the High Court of Justice of Nigeria as required by
law so to do, and the same personal property and all other personal properties of the
Deceased which shall at any time after the making an exhibition of such inventory come
into the possession of the said ______________________________
or of any person for ___________________________ do well and truly administer
according to law (that is to say ) do pay the debts which the deceased owed at
_________________ death and all the residue of the said personal property do deliver and
pay to such person or persons as shall be entitled there by law, another do make a true
and just account of _______________________ administration as lawfully required, and
the case it shall hereafter
appear that any Will was made by the deceased, and the executor or executors, or other
persons therein named, do exhibit the same for probate, then if the said ______________
_____________________________________________________________ being thereunto
said ________________ do render and deliver up the Letters of Administration to
______________________________________________________________ then this
obligation shall be void otherwise, shall remain in full force.

Signed, sealed and delivered by the above

Name
In the presence of}

341
 FORM 166

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL TERRITORY,

NIGERIA

PROBATE DIVISION
Oath for Administration (Without Will)

In the matter of ……………..……………………………………………….………

Deceased.
I, ……………………………………………..………………………………………
of …………………………………………………………………………………….
make Oath and say, that ……………………………………………………………..…
Late of ……………………………………………..……….…………………………
deceased, died intestate ………………………………………………………………
That I will faithfully administer the personal property of the deceased, by
paying his/her just debts and distributing the residue of his/her personal
property according to law.
That I will exhibit an inventory and render in an account of my
administration as lawfully required.
That the deceased died at
…………………………………………………………… on the ……………………..
day of ……………………………………….., 20………………
That at the time of his/her death his/her fixed place of abode at
…………………………. within the jurisdiction of this Court.
And that the whole of his/her personal property does not amount in value
to the sum of ………………………………………… Naira to the best of my
knowledge, information and belief.
(Sgd) ……………………………………
Sworn to as the ................................................................................................

BEFORE ME

COMMISSIONER FOR OATHS

342
 FORM 167

LETTER TO BANK (1)

Ref. No. …………………………..

PROBATE REGISTRY,
HIGH COURT OF JUSTICE,
FEDERAL CAPITAL TERRITORY
JUDICIARY.

DATE ……………..………

The Manager,
………………………………………
……………………………………..

RE: ………………………………………………………….. DECEASED

SAVING/ CURRENT NO …………………………………………………
FOR, THE SUM OF ……………………………………………………….

I have the honour to inform you that letters of Administration has been issued in
respect of the above name Deceased and Photocopy of Letters of Administration is
attached.

For a circumstance which is based on our internal investigation you are now
required to issue a cheque which could be paid directly to this Registry in the name
of the Probate Registrar for onward payment to the deponents please, i. e Intended
Administratrix(es)/ Administrators.

…….………………………
PROBATE REGISTRAR

343
 FORM 168

LETTER TO BANK (2)

Ref. No. …………………………..

PROBATE REGISTRY,
HIGH COURT OF JUSTICE,
FEDERAL CAPITAL TERRITORY
JUDICIARY.

DATE ……………..…

The Manager,
………………………………………
……………………………………..

RE: ………………………………………………………….. DECEASED

SAVING/ CURRENT NO: ………….……………………………………
I have honour to refer to the sworn affidavit made by…………………….
……………… of …………………………………………………... the
of the above named deceased in respect of outstanding credit balance of the said
deceased's account with your bank.
I am satisfied that the sum of ………………………………………………
…………………………………………………….. (N………………………… K) could
be paid directly through this Registry to the next of kin after accepting the sworn
affidavit.
The reason for the above order is because the amount involved does not
come under warrant of obtaining Letters of Administration and I honestly hope
that you act accordingly by paying the next of kin as per attached sworn affidavit
please.
The cheque could be paid directly to this Registry in the name of the
Probate Registrar, please.

_______________
(Chief Registrar)

344
 FORM 169

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL TERRITORY

PROBATE DIVISION
ADMINISTRATION BOND ON APPLICATION FOR RESEALING

IN THE MATTER OF ……………………………………….……… DECEASED.

KNOW ALL MEN by these Presents that we ………………………
…..……………………………………………………………………
Insert full …………………………………………………………………………… and
names, addresses …………………………………………………………………………………
and
description(s) of …………………………………………………………………………………
person(s) to …Are jointly and severally bound unto the Probate Registrar of the High
whom the grant
was made Court of Justice of the FEDERAL CAPITAL TERRITORY in the sum of
………………………………………………………………… Naira.
For the payment of which to the said Probate Registrar we bind
Unless otherwise ourselves and each of us and our executors and administrators/
directed, the sum
to be inserted
successors* Sealed with our seals.
should be double DATED the …………….. day of …………………….. 20…………………..
the gross value
of the personal
The condition of this obligation is such that if ………………………..
estate …..………………………………………………………………………………
…………………………………………………………………………………
Insert full ………………….…………The administrator(s) [with the Will and
names, addresses
and
Codicil(s) annexed] acting by the authority of the …………………
description(s) of Court of …………………………………………………………………
person(s) to
whom the grant
………. under Letters of Administration [with the Will and Codicil(s)
was made annexed] issued at ……………………………………………...on the
Description of
…………………………….. day of ……………………………….,
Court by which 20……………….. and now about to be resealed in the FEDERAL
grant was issued CAPITAL TERRITORY of the estate of .....................................................
…………………………………………………………………………..
Deceased who died on the ………….. day of …………………………..,
Full names and
address of the 20……… ………. do, when lawfully called on in that behalf, make or
Deceased cause to be made a true and perfect inventory of the personal estate of the
said deceased in the F.C.T of Nigeria, which has or shall come to the
hands, possession or knowledge of the said administrator(s) and to
Full names of exhibit the said inventory or cause it to be exhibited in the Probate
principal Registry of the High Court of Justice of the F.C.T of Nigeria, whenever
sureties
required by law so to do and do well and truly administer the said
estate according to law; and further do make or cause to be made in true

345
 and just account of the administration of the said estate in the F.C.T of
Nigeria whenever required by law so to do; then this obligation shall be
void and of no effect, but shall be otherwise remain in full force and
effect.

Signed, sealed and delivered by the within-named

…………………………………………
Signature………………………………
Signature………………………………
Signature………………………………
Signature……………………………….

In the presence of:

*Delete as necessary

…………………………………………………..
Commissioner for Oaths

____________________
Supplied by:

346
 FORM 170

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY,

NIGERIA
STATUTORY AFFIDAVIT OF NEXT OF KIN
I, ______________________________________ of ______________________do make
oath and say, as follows:-
1. That I am the _______________________________ of __________________ Late
of __________________________________________________________________
2. That the said _____________________________________________________
died on ____________________ day of ________________________ 20________
3. That the said _____________________________________ Was working under
the ________________________________________________________________
4. That the deceased________________________________________________
had a Saving/Current Acct/NPF with the ______________________________
5. That during the lifetime of the said ____________________ he/she nominated
as his/her next of kin.
6. That in view of the above mentioned facts I pray for the release of his/her
money to be paid to me.
7. That I swear to this affidavit conscientiously believing same to be true of the
Provisions of the Oaths Acts, 1990.
Date___________________________ 20__________ _____________________
Signature or Mark of
Deponent

I certify that the above affidavit has been read over and or interpreted to the
illiterate deponent and that he/she appears to clearly understand same before
affixing his/her mark to it in my presence.

Date __________________________
_________________________
Signature or Mark of Interpreter
Sworn to at the High Court Registry. This ___________________________ day of
_________________________ 20 _______

BEFORE ME
COMMISSIONER FOR OATHS
Fees paid _______________________________________
Receipt No. _______________________________
Date _____________________________________

347
 FORM 171

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, NIGERIA

PROBATE REGISTRY

APPLICATION FOR A GRANT OF LETTERS OF ADMINISTRATION

(WITHOUT WILL)
IN THE ESTATE OF ………………………………………………… (Deceased)
Otherwise …………………………………..………………………………………
I/We …………………………………………………………………………….. of
……………………………………………………………………………………..
(2) ……………………………………...……………………………………….. of
(3) ……………………………………………………………..………………….. of
……………………………………………………………………………..…….
(4) ……………………………………………………………………………….. of
…………………...…………..………...…………..……...…………..
Relationship ……………………………………………………………………….
Respectively of the Deceased hereby make application for a grant of Letters of
Administration of the Estate of
……………………………………………………………………………………
Late of …………………………………………………………………………….
Occupation ………………………………………………………… who died at
…………………………………………………………………..………………..
On the ……………………. Day of ………………………….. 20……………….
2. The Deceased left real and personal property to the value of
……………………………………………………………………………………..
All/part of which was situated within the jurisdiction of the F.C.T. High Court
Abuja, Nigeria.
3. The inventory which accompanies this application contains particulars of the
personal property of which the Deceased possessed and in respect of which a grant
is required. The Form “R” hereto annexed is a true declaration of the real
propertyleft by the Deceased in respect of which a grant is also required.
4. A Schedule of Debts due by the Deceased and Schedule of the Deceased's
funeral expenses are annexed and marked Part I and Part II respectively.
5. This application is accompanied by:
(a) Oath for Administration (Without Will)
(b) Administration Bond (Without Will)
(c) Declaration as to Next-of-Kin Form
(d) Inventory
(e) Schedule of Debts and Funeral Expenses

348
 (f) Form “R” (Particulars of Realty)

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

1. …………………………………
2. …………………………………
3. …………………………………
4. …………………………………
5. …………………………………

JURAT: The foregoing having been read over and interpreted to the applicants
…………………………..…………………….. in …………………
……………………………………………………. language by Mr. ……………………...
when he/she/they seemed perfectly to understand same before affixing
his/her/their thumb prints thereon.

_______________
Interpreter

349
 FORM 172

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, NIGERIA

PROBATE REGISTRY

OATH FOR DOUBLE PROBATE

IN THE MATTER OF ……………………………………………… (Deceased)

I, ………………………………………………………………………………….
make oath and say:-
1. That I believe the paper writing now produced to and marked by me to
contain the true and original Last Will and Testament of
……………………………………………………….. Deceased, who died on the
…………….. day of ……………………………………. 20…………….. at
.........................................……………………………………………………………..........
.......
2. That on the ……….. day of ………………………, 20………………………

Probate of the said Will was granted at the Probate Registry of this Honourable
Court to ……………...................................................................…
of the Executors named in the said Will, power being reserved of making the like
grant to the other Executor therein named;
3. That I am the ………………… of the said deceased and the other Executor
named in the said Will; and that I will administer according to law both the real
and personal property of the said deceased;
4. That I will exhibit a true and perfect inventory of the said estate and render a
just and true account thereof whenever required by law so to do;
And that the gross value of the said estate now unadministered amounts to N
……….……………………………… and no more, to the best of my knowledge,
information and belief.
____________
Deponent
Sworn to at the F.C.T High Court
Probate Registry, Abuja, this …………………….. day of ………………………..
20……………………………..

BEFORE ME

COMMISSIONER FOR OATHS

350
 FORM 173

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, NIGERIA

PROBATE REGISTRY

APPLICATION FOR GRANT OF DOUBLE PROBATE OF THE WILL

IN THE ESTATE OF ………………………………………………… (Deceased)

I/We ………………………………………………….. of ………………………..
……………………………………………………………………………………..
Hereby make application for grant of Double Probate of the Will of ……………
…………………………………………………………………………………….
Late of ………………………. who died at ……………………………………
……………………………….. on the …………………………….. day of
…………………………………… 20……………
I/We ……………………………………………………………………………… the
Executors named in the said Will, for whom power was reserved to make this
application who probate was granted on the ………….. day of
………………………… 20…………… to my Co-Executrix/Executors.
The said deceased left property to the value of
……………………………………………………………………………. (presently
approximated as N…………………………………………………………………………..)
all of which was situated within the jurisdiction of the F.C.T High Court, Nigeria.
Inventory which accompanies this application contains particulars of the personal
property of which the deceased possessed and in respect of which a grant is
required.
This application is accompanied by
(a) Oath for Double Probate
(b) Inventory, and
(c) Particulars of Realty.

Dated this ………. Day of ……………………………….. 20……………………

351
 FORM 174

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, NIGERIA

PROBATE REGISTRY
RENUNCIATION OF PROBATE OR ADMINISTRATION (WILL ANNEXED)

IN THE MATTER OF ……………………………………………… (Deceased)

WHEREAS ……………………………………………………………………
late of ………………………………………………………………………….
deceased, died on the ……………. day of ……………………………………… at
………………………………… having at the time of ……………………….. death
………………….. fixed place of abode at ………………………………… within the
jurisdiction of this Court; and whereas …………………………… made and duly
executed ………………. Last Will dated the …………………….. day of
……………………………………….. 20……………. And thereof appointed me
……………………………………………………………………. Executor.

NOW I, THE SAID:

……………………………………………………………………………………
do hereby declare that I have not intermeddled in the personal property of the
deceased, and will not hereafter intermeddle therein, with intent to defraud creditors
or any person interested in the administration or distribution of the property of the
deceased; and further do hereby expressly renounce all right to probate of the said Will
and to Administration with the said Will annexed, of the personal property of the
deceased.
IN THE WITNESS whereof I have hereto set my hand this ………. day of
……………………. 20…..

Signed by the above named ……………………………………

In the presence of ……………………………………………….

…………..………………………….….
Probate Registrar

352
 FORM 175

FCT HIGH COURT OF JUSTICE

DEPARTMENT OF LITIGATION

(PROBATE UNIT)

ACKNOWLEDGEMENT OF DEPOSIT/ WITHDRAWAL OF WILL

I___________________________ acknowledge that _______________________

(Named of schedule officer) (Name of Solicitor/Testator)

Deposited/Withdrawal of the Will of ______________________________ on the

Testator
_____________ day of _________________________, 20________ in custody of the
Probate Registrar.

We both append our full names and signatures thereto in the presence of the
Director of Litigation. (A Sealed copy of the Will is hereby accepted for custody in
Probate, FCT High Court).

Named _______________________ Named ____________________

Signed _______________________ Signed ____________________
Date _________________________ Date ______________________

Named ___________________________
Signed ____________________________
Date _____________________________

DCR PROBATE

FOR: Probate Registrar

353
 FORM 176

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, NIGERIA

PROBATE REGISTRY

Reference No………………………

SUPPLEMENTARY INVENTORY TO LETTERS OF ADMINISTRATION

GRANTED TO ____________________________, (BOTH LAWFUL NEXT OF KIN)
IN RESPECT OF THE SAID (DECEASED)'S PROPERTY.

INVENTORY

N______________K

MONEY IN BANK PLC

SCHEDULE OF COURT FEES

N______________K

LEGAL Notice Deposit Fee …………………………………………………….

Application Fee …………………………………………………………………..
Filing Inventory …………………………………………………………………..
Filing Oath for Administration (Without Will) ………………………………….
Taking Justification of two sureties ……………………………………………
Estate Fee On …………………………………………………………………..
Total Fees ………………………………………………………………………….

Receipt No. ……………………

of ………………….. day of ………………….., 20……………

…………..………………………….….
Probate Registrar

354
 FORM 177

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, NIGERIA

PROBATE REGISTRY
Reference No……………………

INVENTORY FOR THE RESEALING OF LETTERS OF ADMINISTRATION

(WITHOUT WILL)

INVENTORY
N______________K

Application Fee …………………………………………………………………..

Filing Inventory …………………………………………………………………..
Filing declaration as to next of kin ……………..……………………………….
Filing oath for resealing ………….…………………………………………
Filing administration bond on application for resealing ..………………..
Taking justification of two sureties ……………………………………………
Estate Fee ………………………………………………………………………..
Total Fees ………………………………………………………………………….
Receipt No. ……………………
of ………………….. day of ………………….., 20……………

AT COVER NOTE

IN THE HIGH COURT OF JUSTICE OF F.C.T

IN THE MATTER OF ___________________________ (DECEASED). Resealing by the

direction of the High Court of Justice of Nigeria this ……………….. day of
………………………….., 20…………..
THE LAWFUL WIDOW OF THE SAID DECEASED.

…………..………………………….….
Probate Registrar

355
 FORM 178
PREAMBLE TO LETTER OF ADMINISTRATION

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY.

FCT/HC/PM/…………………………
Probate Registry
On ………………....,20……………
Before Hon. Justice …………………………….
Chief Judge's Chambers

IN THE MATTER OF AN APPLICATION FOR THE GRANT OF LETTERS OF

ADMINISTRATION OF THE ESTATE OF THE SAID
……………………………………………………………………… (DECEASED)

“A” Upon reading the Application of ______________ dated __________, 20_____

“B” And upon publication having been duly made in ________________
Newspaper of __________________________
“C” And after reading the oath of the said _____________________, dated
____________________________________________
“D” And upon the renunciation of _________ dated _______ day ______, 20____
“D1 and D2” The bond and justification of two sureties ____________________
Were duly executed and sworn to _____________ of __________,
20______
IT IS ORDERED that Letters of Administration of the above named
Deceased be issued under the Seal of High Court of Justice FCT to said
________________________
_______________________. Being the lawful WIDOW/ DAUGHTER/
SON, etc of the deceased.
____________________________________________________________
“E” INVENTORY N K
____________________________________________________________

_________________________
CHIEF JUDGE

356
 FORM 179

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY.

PROBATE DIVISION
Died on or about _________________________, 20_____________
Sworn under N _____________________ K and that the intestate

LETTERS OF ADMINISTRATION (WITHOUT WILL)

BE IT KNOWN that on the ________ day of _______, 20_____ Letters of

Administration of the personal/real property of _________ of
_________________ FCT
Deceased who died on the ________ day of ______________, 20______,
intestate and had at the time of HIS death HIS bonafide place of abode
at Abuja within the jurisdiction of the Court were granted by this Court
to the said ________________, of _____________ being the lawful
WIDOW/ DAUGHTER/ SON, etc of the said deceased having been
first duly sworn.

…………..………………………….….
Probate Registrar

357
 FORM 180

SCHEDULE TO LETTERS OF
ADMINISTRATION

ASSETS OF THE SAID __________________________________________

(DECEASED)
IN THE FEDERAL CAPITAL TERRITORY OF NIGERIA

INVENTORY
N______________K

SCHEDULE OF COURT FEES

N______________K

LEGAL Notice Deposit Fee …………………………………………………….

Application Fee …………………………………………………………………..
Filing Inventory …………………………………………………………………..
Filing Declaration as to the Next of Kin ……………………………………….
Filing Administration Bond (Without Will) ……….…………………………….
Filing Oath for Administration (Without Will) ……….…………………………
Filing Renunciation of Administration (Without Will) ……….………………….
Drawing up Order for Grant ……………………………………………………..
Taking Justification of two sureties ……………………………………………
Estate Fee N………………………………………………………………………..
______
Total Fees ………………………………………………………………………….

______

Receipt No. ……………………

of ………………….. day of ………………….., 20……………

……..………………………….….
Probate Registrar

358
 FORM 181
PROBATE REGISTRAR'S LETTER TO CHIEF JUDGE

IN THE HIGH COURT OF JUSTICE

OF THE FEDERAL CAPITAL TERRITORY
PROBATE DIVISION

Ref: ___________________________ PROBATE REGISTRAR,

High Court of Justice,
FEDERAL CAPITAL TERRITORY.

THE HONOURABLE CHIEF JUDGE,

High Court of Justice,
FEDERAL CAPITAL TERRITORY.
_________________________________________________________ Deceased
Papers herein are submitted together with the Order Book
2. May Letters of Administration/Probate issue to the Petitioners
………………….., (ALL LAWFUL NEXT OF KIN) of the
Deceased
“A” 3. Application for Letters of Administration/Probate dated
The ___________ Day of ______________, 20_______ Filed.
“B” 4. Renunciation/Probate of Attorney of __________________
Filed/sworn on the _______________ Day of ___________
“C” 5. Notice of Publication have been publicly displayed ______
_____________________, 20________ And/Or Published in the
Federal Capital Territory of Nigeria Gazette.
“D1 and D2” 6. Oaths of the said Sworn to and filed on the ______ day of _
, 20______
“E” 7. Bond in the sum of N_____________________K Executed.
“F” 8. All fees have been paid.
“G” 9. NO CAVEAT LODGED.
AT COVER
DATED AT FCT HIGH COURT, THIS _____ day of _______ 20________
_________________________
PROBATE REGISTRAR

ORDERED AS PRAYED

________________________ ____________
CHIEF JUDGE Date

359
 FORM 182

Coat of Arms and insignia of Court Probate Registry, High Court of the FCT,
Maitama, Abuja
(address)

Reference number: FCT/HC/PM/ /20….

....................................................................................................................................................
Pursuant to Order 62 Rule 21
IN THE MATTER OF …………………………………………… (DECEASED)
IN THE MATTER OF PETITION FOR RESEALING OF GRANT OF PROBATE
RESPECTING THE WILL OF ………………………… (DECEASED) GRANTED BY
THE HIGH COURT OF …………………... STATE OF NIGERIA
.......................................................................................................................................................
WHEREAS certified copies of the Grant of probate and the Will pertaining thereto have
been produced to this Court, the prescribed publication for the petition has been made,
all prescribed fees have been paid and every other condition as the Probate Registrar
found necessary to impose has been complied with;
BY THESE PRESENTS, the Grant of Probate dated …………………... together with the
Will of …………………... (Deceased) is HEREBY RESEALED to have force in the
FEDERAL CAPITAL TERRITORY respecting the assets and liabilities annexed in the
continuation sheets to these presents;
GRANTED TO: ……………………………… of …………………………………...
…………………………….……of ………………….…………… and
………………………………… of ….………………………., being
executors, appointed by Will dated ……………………, 20…. and
registered and proved before the High Court of …………... State.
.......................................................................................................................................................
It is hereby certified that from information supplied on the application for this grant, the
gross value of the said estate in the Federal Capital Territory does not exceed
…………………. and the net value does not exceed ………………...
With Leave obtained from the Chief Judge of the Federal Capital Territory
DATED THIS___________ day of ____________ 20….
___________________________ Seal of Court and
PROBATE REGISTRAR Red stamp seal
INVENTORY Reference number: FCT/HC/PM/ /20…
1.
2.
3.

360
SCHEDULE OF FEES

Legal Notice (Deposit) Fee ______________ (as may be determined from time to time)
Application Fee ________________________________________________ N5,000.00
Swearing and Filing Inventory ________________________________________ N500.00
Drawing up Order for Grant_________________________________________ N5,000.00
Estate Fee ___________________________________________________________
Total _______________________________________________________________
Abuja Receipt Number:

_____________________________
PROBATE REGISTRAR

361
 FORM 183

Coat of Arms and insignia of Court Probate Registry, High Court of the
FCT, Maitama, Abuja
(address)

Reference number: FCT/HC/PM/ /20….

IN THE MATTER OF AN APPLICATION FOR THE GRANT OF

PROBATE/LETTERS OF ADMINISTRATION OF THE ESTATE OF
…………………………………………………………
(DECEASED)
MAY Probate/Letters of Administration issue to the Petitioners:
…………………………….…… of …………………………………...
……………………….……… of ………………….…………… and
……………………………. of ….………………………………., as
administrators, being the ………………………… (state the
nature of their relationships to the deceased).
UPON PROVING THE FOLLOWING:
1. Application for Letters of Administration/Probate dated the …... day of ………
20…. was filed.
2. Notice of Publication of the Petition have been publicly displayed in
the………………. Newspapers ……… of …………, 20…. and/or published in the
Gazette of the Federal. Capital Territory of Nigeria.
3. Oaths of the petitioners were sworn to and filed on the ………. day of ……… 20….
4. Administration Bond in the sum of N…….:00k was executed.
5. Two sureties, namely, ………….…….……… and ……...…………………... justified
and were accordingly sworn.
6. All prescribed fees have been paid.
7. No caveat was lodged or pending against the petition.
ACCORDINGLY, may leave be granted by My Lord the Chief Judge of the Federal
Capital Territory, deeming all prior approvals having been given with his assent.
DATED THIS___________ day of ____________ 20….
________________________
Probate Registrar
ORDERED AS PRAYED.

_______________________
CHIEF JUDGE DATE__________________

362
 FORM 184

Coat of Arms and insignia of Court Probate Registry, High Court of the FCT,
Maitama, Abuja
(address)

Reference number: FCT/HC/PM/ /20….

THE ESTATE OF: ……………………………………………………………….

LATE OF: ……………………………………………………………….
PLACE OF DEATH: ……………………………………………………………….
DATE OF DEATH: …………th day of …………………..., 20….

Pursuant to Order 64 and Order 65 Rule 5(4)

GRANT OF LETTER OF ADMINISTRATION (WITH WILL ATTACHED)

BE IT KNOWN that at the date hereunder written, Letter of Administration of all the
personal and real, movable and immovable property of the above-named deceased,
annexed in the continuation sheets to these presents, and not contained in the Will or
Codicil dated …………. herein attached, same having no residuary clause (partial
intestacy) or the said Will having been declared invalid, was/were GRANTED to:
………………………………… of …………………………………...
…………………………….… of ………………….…………… and
…………………………………. of ….……………………………….,
as administrators, being the ………………… (state the nature of
their relationships to the deceased).

The administrators having been first sworn well and faithfully to administer the same
by paying the just debts of the deceased and distributing the residue of the deceased's
property according to law and render a just and true account of his/her administration
whenever lawfully required.
With Leave obtained from the Chief Judge of the Federal Capital Territory

DATED THIS___________ day of ____________ 20….

________________________ Seal of Court and

PROBATE REGISTRAR Red stamp seal

363
INVENTORY Reference number: FCT/HC/PM/ /20….
1.
2.
3.

SCHEDULE OF FEES
Legal Notice (Deposit) Fee ______________ (as may be determined from time to time)
Application Fee ___________________________________________________ N5,000.00
Swearing and Filing Inventory ________________________________________ N500.00
Swearing and Filing Next of-kin Form _________________________________ N500.00
Swearing and Filing Administration Oath_______________________________ N500.00
Filing Administration Bond___________________________________________ N500.00
Attesting Signature on Bond __________________________________________ N500.00
Justification of Sureties _______________________________________________ N500.00
Swearing Deponents on Justification of Sureties_________________________ N500.00
Filing Particulars of Realty ___________________________________________ N500.00
Filing Death Certificate______________________________________________ N500.00
Drawing up Order for Grant__________________________________________ N500.00
Estate Fee _________________________________________________________
TOTAL __________________________________________________________________
Abuja Receipt Number:

_____________________________
PROBATE REGISTRAR

364
 FORM 185

Coat of Arms and insignia of Court Probate Registry, High Court of the FCT,
Maitama, Abuja
(address)

Reference number: FCT/HC/PM/ /20….

THE ESTATE OF: ………………………………………………………………

LATE OF: ………………………………………………………………
PLACE OF DEATH: ………………………………………………………………
th
DATE OF DEATH: …………. day of ……………………., 20….

(Pursuant to Order 63)

GRANT OF LETTER OF ADMINISTRATION (WITHOUT WILL)

BE IT KNOWN that at the date hereunder written, Letter of Administration of all the
personal and real, movable and immovable property of the above-named deceased, as
annexed in the continuation sheets to these presents, was/were GRANTED to:
………………………….…… of …………………………………...
…………………………… of ………………….…………… and
…………………………. of ….………………………………., as
administrators, being the ………………… (state the nature of
their relationships to the deceased).

The administrators having been first sworn well and faithfully to administer the same
by paying the just debts of the deceased and distributing the residue of the deceased's
property according to law and render a just and true account of his/her administration
whenever lawfully required.
With Leave obtained from the Chief Judge of the Federal Capital Territory

DATED THIS___________ day of ____________ 20….

____________________________ Seal of Court and

PROBATE REGISTRAR Red stamp seal
INVENTORY Reference number: FCT/HC/PM/ /20….
1.
2.
3.

365
SCHEDULE OF FEES
Legal Notice (Deposit) Fee ______________ (as may be determined from time to time)
Application Fee ___________________________________________________ N5,000.00
Swearing and Filing Inventory ________________________________________ N500.00
Swearing and Filing Next of-kin Form _________________________________ N500.00
Swearing and Filing Administration Oath______________________________ N500.00
Filing Administration Bond___________________________________________ N500.00
Attesting Signature on Bond __________________________________________ N500.00
Justification of Sureties _______________________________________________ N500.00
Swearing Deponents on Justification of Sureties_________________________ N500.00
Filing Particulars of Realty ___________________________________________ N500.00
Filing Death Certificate______________________________________________N500.00
Drawing up Order for Grant__________________________________________ N500.00
Estate Fee _______________________________________________________________
TOTAL _________________________________________________________________

Abuja Receipt Number:

_____________________________
PROBATE REGISTRAR

366
 FORM 186

Coat of Arms and insignia of Court Probate Registry, High Court of the FCT,
Maitama, Abuja
(address)

Reference number: FCT/HC/PM/ /20….

Pursuant to Order 64
GRANT OF PROBATE
BE IT KNOWN, these presents is issued as hereunder stated:

THE ESTATE OF: ……………………………………………………………….

LATE OF: ……………………………………………………………….
PLACE OF DEATH: ……………………………………………………………….
DATE OF DEATH: …………th day of ………………..., 20….

th
DATE OF GRANT: …………... day of ……………………., 20….
GRANT OF: Probate of Will (Copy attached)
IS GRANTED TO: ………………………….…… of …………………………………...
…………………………….……… of ………………….……… and
……………………………. of ….……………………………….….,
being executors, appointed by Will dated …………., 20…. and
registered and proved before the Probate Registrar.
Power reserved to other executors

It is hereby certified that from information supplied on the application for this grant, the
gross value of the said estate in the Federal Capital Territory does not exceed
…………………. and the net value does not exceed ………………...

With Leave obtained from the Chief Judge of the Federal Capital Territory
DATED THIS___________ day of ____________ 20….
__________________________ Seal of Court and
PROBATE REGISTRAR Red stamp seal
SCHEDULE OF FEES PAID
Application fee __________________________________________________ N5,000.00
Drawing up Order for Grant_________________________________________N5,000.00
Estate Fees _____________________________________________________
Abuja Receipt Number:

367
 FORM 187

HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

PROBATE DEPARTMENT
NAME OF MAKER OF WILL: ______________________________________

LIST OF PERSONS TO BE NOTIFIED FOR THE READING OF THE WILL

IT IS MY WISH THAT, IN ADDITION TO ANY OTHER PERSON THE PROBATE
REGISTRAR MAY CONSIDER NECESSARY, UPON MY DEMISE THE
FOLLOWING SHALL BE NOTIFIED TO ATTEND THE READING OF THIS WILL

S/No. NAME (AND NATURE OF ADDRESS PHONE, EMAIL

RELATIONSHIP IN BRACKET) AND OTHER
DETAILS

*If names are more than five, attach an additional sheet.

Dated this......... day of .............................. 20........ ....................................
Signature

368
 FORM 188

Coat of Arms and insignia of Court Probate Registry, High Court of the
FCT, Maitama, Abuja
(address)

Reference number: FCT/HC/PM/ /20….

THE ESTATE OF: ……………………………………………………………….

LATE OF: ……………………………………………………………….
PLACE OF DEATH ………………………………………………………….
DATE OF DEATH: …………th day of …………………………, 20….

(Pursuant to Order 62 Rule 32)

RE-ISSUE OF GRANT OF LETTER OF ADMINISTRATION (WITHOUT WILL)
BE IT KNOWN that Letter dated the ……. of ……… 20…. for the Administration of
all the personal and real, movable and immovable property of the above-named
deceased, as annexed in the continuation sheets to these presents, is RE-GRANTED
at the date hereunder written to:
………………………….…… of …………………………………...
……………………….……… of ………………….………… and
……………………………. of ….………………………………., as
administrators, being the ………………… (state the nature of
their relationships to the deceased).
The reason for the re-grant being ……………………………………………

The administrators having been first sworn well and faithfully to administer the same
by paying the just debts of the deceased and distributing the residue of the deceased's
property according to law and render a just and true account of his/her
administration whenever lawfully required.

With Leave obtained from the Chief Judge of the Federal Capital Territory

DATED THIS___________ day of ____________ 20….

___________________________ Seal of Court and

PROBATE REGISTRAR Red stamp seal

369
 Reference number: FCT/HC/PM/ /20….
INVENTORY
1.
2.
3.
SCHEDULE OF FEES
Legal Notice (Deposit) Fee ____________ (as may be determined from time to time)
Application Fee ________________________________________________ N5,000.00
Swearing and Filing Inventory _____________________________________ N500.00
*Swearing and Filing Next of-kin Form _______________________________ N500.00
Swearing and Filing Administration Oath_____________________________ N500.00
Filing Administration Bond________________________________________ N500.00
Attesting Signature on Bond ________________________________________ N500.00
*Justification of Sureties ___________________________________________ N500.00
*Swearing Deponents on Justification of Sureties_______________________ N500.00
Filing Particulars of Realty _______________________________________ N500.00
Drawing up Order for Grant______________________________________ N1,500.00
Estate Fee _______________________________________________________________
TOTAL _________________________________________________________________
Abuja Receipt Number:

_____________________________
PROBATE REGISTRAR
*Applicable if reissuance require change of an administrator.

370
 FORM 189

Coat of Arms and insignia of Court Probate Registry, High Court of

the FCT, Maitama, Abuja
(address)

Reference number: FCT/HC/PM/ /20….

Pursuant to Order 62 Rule 21

IN THE MATTER OF ………………………………………. (DECEASED)
IN THE MATTER OF PETITION FOR RESEALING OF GRANT OF LETTERS
OF ADMINISTRATION RESPECTING THE ESTATE OF ………….
(DECEASED) GRANTED BY THE HIGH COURT OF ………………... STATE OF
NIGERIA

WHEREAS certified copy of the Letters of Administration has been produced to this
Court, the prescribed publication for the petition has been made, all prescribed fees
have been paid and every other condition as the Probate Registrar found necessary to
impose has been complied with;
BY THESE PRESENTS, the Letters of Administration dated ……………. with respect
to the estate of …………………... (Deceased) is HEREBY RESEALED to have force in
the FEDERAL CAPITAL TERRITORY respecting the assets and liabilities annexed in
the continuation sheets to these presents;
GRANTED TO: ………………………….…… of …………………………………...
……………………….……… of ………………….…………… and
……………………………. of ….………………………………., as
administrators, having been so appointed by Letter of
Administration dated …………………., 20…. granted by the
High Court of ………. State being the …………… (state the
nature of their relationships to the deceased).
The administrators having been first sworn well and faithfully to administer the same
by paying the just debts of the deceased and distributing the residue of the deceased's
property according to law and render a just and true account of his/her
administration whenever lawfully required.

With Leave obtained from the Chief Judge of the Federal Capital Territory
DATED THIS___________ day of ____________ 20….
Seal of Court and
PROBATE REGISTRAR Red stamp seal

371
INVENTORY Reference number: FCT/HC/PM/ /20….
1.
2.
3.

SCHEDULE OF FEES
Legal Notice (Deposit) Fee ____________ (as may be determined from time to time)
Application Fee _____________________________________________ N5,000.00
Swearing and Filing Inventory _________________________________ N500.00
Swearing and Filing Administration Oath___________________________ N500.00
Filing Administration Bond_____________________________________ N500.00
Attesting Signature on Bond _____________________________________ N500.00
Filing Particulars of Realty _____________________________________ N500.00
Drawing up Order for Grant______________________________________ N5,000.00
Estate Fee ___________________________________________________________
TOTAL _____________________________________________________________
Abuja Receipt Number:

_____________________________
PROBATE REGISTRAR

372
 FORM 190

Coat of Arms and insignia of Court Probate Registry, High Court of the FCT,
Maitama, Abuja
(address)

Reference number: FCT/HC/PM/ /20….

Pursuant to Order 62 Rule 16

IN THE MATTER OF ………………………………………………. (DECEASED)
IN THE MATTER OF PETITION FOR INCLUSION OF ADDITIONAL ASSETS
TO THE LETTERS OF ADMINISTRATION RESPECTING THE ESTATE OF
…………… (DECEASED) GRANTED TO ………, …………… AND ……………

ADDITIONAL ASSETS, ordered to be included appurtenant to Letter of

Administration dated …... day of ……………..., 20….:
1.
2.

SCHEDULE OF FEES
Application Fees for supplementary inventory ________________________ N5,000.00
Drawing up Order for Grant____________________________________ N500.00
Estate fees____________________________________________________
Abuja Receipt Number:

DATED THIS___________ day of ____________ 20….

_________________________ Seal of Court and

PROBATE REGISTRAR Red stamp seal

373
 FORM 191

Surety's Guarantee
(O.56, R.31(3))

In the High Court of the Federal Capital Territory

Probate Registry
Suit No…………
In the Estate of ………………………………………………………………………
deceased. Whereas …………………………. of ………………………………………….
died on the …………………..day of……………………………………… 20 …………..
and ………………………………(and……………………………….) ( called “The
Administrators” is/are the intended administrator(s) of his estate.
Now therefore –
1. I/We……………………………………………of…………………
(and…………………………………………….of………………… jointly and
severally guarantee that I/We will, when lawfully required, make good any
loss which any person interested in the administration of the estate of the
deceased may suffer in consequence of the breach by the administrator(s) of
his/her/their duty:
(a) To collect and get in the estate of the deceased and administer it
according to law
(b) When required by the Court to exhibit on oath in the Court a full
inventory of the estate and when so required, to render an account
of the estate; or
(c) When required by the Court, to deliver up the grant to the Court.
2. The giving of time to the administrator(s) or any other forbearance or
indulgence shall not in any way affect my/our liability under this guarantee.
3. The liability under this guarantee shall continue and be for the whole amount
of the loss mentioned in paragraph 1 above, but the (aggregate) total liability
shall not in any event exceed the sum of N……………….…………………….
Dated this………………….day of……………………….. ………..20………...……
Signed, sealed and delivered by the above named in the presence of
…………………..a Commissioner for Oaths. (or any person authorized by law to
administer an oath).
(The Common seal of ………………….was affixed in the presence of
…………………………………………)

374
 FORM 192

Surety's Guarantee on Application for resealing

(O.56, R.21)

In the High Court of the Federal Capital Territory

Probate Registry
Suit No………………….
In the Estate of……………………………………………………………………deceased.
Whereas……………………….of………………………………………….died on the
………..………………..day of…………..………….20…………and letters of
administration of his estate were on the ……………………day of ……………………
………20…….granted by the…………………. to…………………………….(and
………………….…………………)and are about to be sealed in the Federal Capital
Territory, Abuja under the Succession Law;
Now, therefore
1. I/We………………………………………….of……………………………. (and
………………………………………………of……………………………………
jointly and severally guarantee that I/We will, when lawfully required to,
make good any loss which any person interested in the administration of the
estate of the deceased may suffer in consequence of the breach by the
administrator(s) of his/her/their duty –
(a) to collect and get in the estate of the deceased and administer it
according to law
(b) when required to by the Court to exhibit on oath in the Court a full
inventory of the estate and when so required, to render an account
of the estate; or
2. Time to be given to the administrator(s) or any other forbearance or
indulgence shall not in any way affect my/our liability under this guarantee.
3. The liability under this guarantee shall continue be for the whole amount of
the loss mentioned in paragraph 1 above, but the (aggregate) total liability
shall not in any event exceed the sum of N……………………………………….
Dated this………………………………………day of ……………………20…………
Signed, sealed and delivered by the above named in the presence of
…………………..a Commissioner for Oaths. (or any person authorized by law to
administer an oath).
(The Common seal of ………………….was hereunto affixed in the presence of
…………………………………………)

375
 FORM 193

Notice to Prohibit Grant

(O.56, R.7)

IN THE MATTER OF………………………………………………………DECEASED

LET NOTHING be done in the matter of the Estate of ……………………deceased,

who died on the …………………………….. day of …………………. 20 ………………
at …………………………………….. and had at the time of this death his fixed place of
abode at …………………………… …………………………………within the
jurisdiction of this Court, without warning being given to ……………… …of………
… …… ………..
Dated this……………………………………day of…………………20……………….

………………………………..
Signature

FORM 194

Caveat (by legal practitioner)

(O.56, R.7)

In the High Court of the Federal Capital Territory

Probate Registry
Suit No…………………

Let no grant be sealed in the Estate of …………………………………………

Deceased of……………….who died on the………….day of……………..20…………
without notice to………………………………………………………………………….

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

(Signed)…………………………………..Legal practitioner for the said caveator
whose address for service is……………………………………………

376
 FORM 195

Warning to Caveator
(O.56, R.7)

In the High Court of the Federal Capital Territory

Probate Registry
Suit No…………………
To…………………………………………………………………………………………of
…………………………………………………………………………..a party who has
entered a caveat in the estate of……………………………….…….deceased

You are warned within 8 days after service on you, inclusive of the day of such service
:

1. to enter an appearance either in person or by your legal practitioner at the

Probate Registry………………………setting forth what interest you have
in the estate of the above named ………. Deceased of …………………,
contrary to that of the party at whose instance this warning is issued; or

2. if you have no contrary interest but wish to show cause against the sealing
of a grant to such party to issue and serve a summons for direction by the
Registrar.

And take notice that in default of your doing the Court may proceed to
issue a grant of probate or administration in the estate not withstanding
your caveat.

Dated this…………….day of……………………20…………

……………………………
Registrar

Issued at the instance of (Here set out the name and interest including the date of the
will, if any, under which the interest arose) the party warning, the name of his legal
practitioner and the address for service. If the party warning is acting in person, this
must be stated.

377
 FORM 196

PROBATE
Appearance to warning/Citation
(0.56, R.7)

In the High Court of the Federal Capital Territory

The Probate Registry

Caveat No ………………………dated the …………. day of ………….……. 20……

Full name and address of person warning (or citor): ………………………………
……… ……………………….. ………………………………………………….. Interest
of person warning (or Citor): ……………………………………………………………
………………………………………………………………………………………………
Date of Will……………………………………………………………………………….
Interest of Caveator………………………..………………………………………………..

Enter an appearance for the above named caveator (or person cited) in this matter.

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

………………………………………………..
Legal practitioner or (“In Person”)

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 FORM 197

PROBATE
Notice of Election to redeem Life Interest
(O.56, R.25)

In the High Court of the Federal Capital Territory

Probate Registry
Suit No………………
In the Estate of
……………………………………………………………………….………deceased.
Whereas …………………………………….of…………………………..………died on
the ………….. day of ……………………………….. 20 ……………………… wholly or
partially intestate leaving his/her lawful wife/husband and …………..………..
lawful issue of the said ……………………………………………….………………

And Probate/Letters of Administration of the Estate of ……….…………………

………………………………..………were granted to me, …………………………
………(and to………of…………………………)

And ……………………………has ceased to be a personal representative

because………………………………. and I am now the sole personal representative:

Now, I, ……………………………………………………….…….. give notice that I elect

to redeem the life interest to which I am entitled in the estate of
the……………late………………by retaining N………………………………………..it
capital value, and N……………………… the cost of the transaction.

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

(Signed)……………………
(To the Probate Registrar)

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 FIRST SCHEDULE
(Order 46, rule 21)
(Order 63, rule 1)

FEES PAYABLE IN THE HIGH COURT OF THE FEDERAL CAPITAL

TERRITORY, ON COMMENCEMENT OF CAUSES OR MATTERS OTHER
THAN MATRIMONIAL OR LEGITIMACY CASES

PART I
MATTER COURT
ITEM
FEE
1 For the recovery of a specific sum
a.) Not exceeding N250,000.00 (N500,000.00) 5,000.00
b.) Exceeding N250,000.00, (N500,000.00) N10.00 (N20.00)per
each additional N250,000.00 (N500,000.00)or part thereof so
however that the Court shall not exceed the maximum
N3,000.00 (N6,000.00)
c.) Maximum fee ………………… 5,000.00
60,000.00
2 For the recovery of an unspecified sum, the fee payable is the
same as the maximum fee under item 1(c.) namely 60,000.00
………………….
3. For an account to be taken and payable of the sum found due
a.) Initial fee ………………………..
b.) Second fee (payable before setting down for judgment): 1,000.00
N100.00 (N5,000.00)per N100,000.00 (N200,000.00)or part
thereof found due in excess of N250,000.00 (N750,000.00)
c.) Maximum fee 1,000.00
60,000.00
4. For possession of property, as between landlord and tenant –
a.) Where the annual rent or value does not exceed
N250,000.00(N750,000.00)……………………
b.) Where the annual rent or value exceeds
N250,000.00(N750,000.00)N25.00 (N500.00)per N100,000.00 5,000.00
or part thereof ……………………………………
c.) Maximum fee ……………………………………
5,000.00
60,000.00
5. For a declaration of right of occupancy to land….. 12,000.00
6. Claim for possession of property (other than as between
landlord and tenant ……………………………. 12,000.00
7. For the administration of the property of a deceased person
where there is no dispute regarding succession or distribution
–
a.) Where the gross value of the property does not exceed
N250,000.00(N750,000.00)…….
b.) Where the gross value of the property exceeds 500,000.00
N250,000.00(N750,000.00)…….………………
c.) Where no value can be specified ………….. 1,000.00
12,000.00

380
 8. For the administration of property of a person of unsound
mind: Same as under item 7
9. For the determination of a question relating to the distribution
of or succession, to the property of a deceased person or to a
trust whether the person who creased the trust is dead or alive
a.) Where the gross value of the deceased or of property under
trust does not exceed
N250,000.00(N750,000.00)……………………
b.) Where it exceeds N25,000.00(N750,000.00): N500.00
(N100.00 per N100,000.00 or part
thereof…………………………….. 5,000.00
c.) Where no gross value can be
specified……………………………
d.) Maximum fee ……………………... 1,000.00

20,000.00
60,000.00
10. For any other relief or assistance not specially provided for
……………………. 10,000.00

LEGITIMACY CASES
40. For the petition 5,000.00
……………………………
41. For a sealed decree or copy 1,000.00
thereof………..

PROBATE AND ADMINISTRATION

Filing Particulars of Realty N500.00

Filing Death Certificate N500.00
Drawing up Order for Grant N500.00
RE-ISSUE OF LETTER OF ADMINISTRATION
Application fee N5,000.00
Drawing up Order for Grant N1,500.00
RESEALING OF WILL OR LETTER OF
ADMINISTRATION
Application fee N5,000.00
Drawing up Order for Grant N5,000.00
WILL
Application fee to Deposit Will N10,000.00
Application fee for Reading Will N5,000.00
Application fee for grant of probate N5,000.00
Drawing up Order for Grant N5,000.00
GENERAL
Estate Fee 2% on declared or assessed value of
deceased’s personal and real assets
excluding Pension or similar funds.
C.O.T. on money in bank deductible on issue of N2,000.00 per N1 Million or part thereof

381
54. On application for a writ of Habeas 4,000.00
Corpus
55. On filing any other application 2,000.00
…………… 2,000.00
a.) If alone 400.00
…………………………………
b.) If accompanied by other papers
………..
56. On filing an affidavit 1,000.00
………………………
57. Onfiling a security bond 1,000.00
…………………..
58. On filing any other paper 1,000.00
………………….
59. On justification of sureties: for each 1,000.00
surety..
60. For the issue of a warrant to detain
an absconding 1,000.00
defendant………………………
61. For the issue of Habeas Corpus 4,000.00
……………
62. For the drawing up of any order or
judgment…………………………… 4,000.00
……..
63. For special interpreter of a language
not in common use: per day or part
thereof as the court may order but 2,000.00
not exceeding………..
64. For an inquiry by a Court officer
where so ordered: for each sitting 4,000.00
…………………..
65. For an account taken by a Court
officer where so ordered: per
N100.00 or part thereof found to 2,000.00
have been received………
66 For taking down a person`s
statement were so ordered As the
court may direct
67 For searching the achives : for each
period of six months or part thereof
68 For drawing up a bill of costs where
so direct : per folio of 72 words
69 For taking cost where so directed :
per ? 10,000.00 = or part thereof
70 For preparing a copy where
authorized: per folio of words
71 For every subpoena
72 On warrant for prisoner to give

382
75 For swearing an an affidavit or
making a declaration ( other than
Under Act (Cap 218) or one required
by the regulation of a Government )
per Deponent
76 For marking any paper annexed to
an affidavit or declaration
77 For sealing any document not in a
proceeding
78 For certifying a copy as a true copy
per folio of 72 words or part thereof
79 For payment into court (except
when ordered by the court or
proceeds of execution)
(a) not exceeding #100,000,000 per
20,000.00 or part thereof .
(b) maximum fee payable
80 On appointment of commissioner to
administer oaths and take
declarations ( not being a
Government officer).
81 For sealing a letter of request
82 On transfer of a foreign judgment
83 For certificate of service of foreign
process (where not disallowed by
convention)
84 On every Petition to the Chief Judge
or Judge or a Registrar (not being an
application otherwise provided for)
unless Waived by a Judge or the
Chief Registrar
85 For the service of any document or
process initial fee plus Kilometer
charges
(a) If within a Kilometer from the
Court
(b) For every subsequent distance
or part thereof (one) as attached
way
(c) If beyond five kilometers per day
or part thereof of the Time
needed for travelling

383
 TRANSFER OF CASES
On application for transfer of civil
case before the High Court from
one Judge to another, or to a
Magistrate , or to a Customary
Court, save where the application is
allowed to Be made orally at the
hearing of the case
On an Order transferring a civil case
before the High Court from one
Judge to another , or to a Magistrate,
or to a Customary Court , where the
Order is made on the application of
a party
On an application of the Chief
Judge or a Judge to transfer a civil
case from one Magistrate`s Court to
another Magistrate`s Court or to the
High Court, or from one Magistrate
to another within the same district
On an order transferring a civil case
from one magistrate`s Court to
another Magistrate`s Court or the
High Court, or from one Magistrate
to another within the same district
where the order is made on the
application of the party
On setting down for hearing a civil
case transferred from a Magistrate`s
Court to the High Court , whether
or not the transfer was made on the
application of the party, the
difference between the fee for
instituting the case in the
Magistrate`s Court and the fee
which would have been charged
had the case been instituted in the
High Court in the first instance, or
whichever be the greater

CUSTOMARY COURT CASES

On setting down for hearing a civil
case transferred to or ordered to be
tried by the High Court, where the
transfer or retrial was ordered on
the application of a party the fee
which would have been paid if the

384
 FEES PAYABLE IN CRIMINAL, APPEALS FROM MAGISTRATE COURT
95 (a) Fees payable to Magistrate`s
Court: upon giving or Recording
notice of appeal (whether verbal
or in writing)
(b) Filling memorandum or grounds
of appeal
(c) Service of grounds of appeal on
,or notice to respondent
(d) Certified True Copy of
proceedings per folio
(e) Copies thereof for respondent
per folio
96 Fees payable to the High Court :
Entering an appeal to the Court of
Appeal on a matter of Law
97 (a)Fees payable to Magistrate`s
Court or High Court on every
subpoena (unless specially directed
by the Court to be issued)
(b) service of subpoena

FEES PAYABLE IN CIVIL APPEALS FROM MAGISTRATE COURT (Order 50, rule 22)
98 On an application under section
54(3) of the Magistrate`s Courts Law
or on filling a notice of appeal : the
same fee as is chargeable on the
summons on commencement of the
suit to which the application or
appeals relate
In respect of any other matter or
service the following fees shall be
paid:
(a) Where the matter or service is to
be done or rendered in the
Magistrate`s Court the same fees
as would be payable if the case
were still pending before that
Court ;
(b) Where the matter or service is to
be done or rendered in the High
Court the same fees as are
payable in a case pending before
the Court subject to this
qualification , namely , that
where various fees are provided
for the same matter or service,

385
 PART II
ALLOWANCES TO WITNESSES

SECOND SCHEDULE
(Order 46, rule 21)
(Order 63, rule 1)

ALLOWANCES TO WITNESSES

Professionals, mercantile agents, bank managers, surveyors

And any officer of the public service whose salary is not less ) Adopt
Than Grade Level 08 ………………………………………………….) Annexture A

Merchants, captains of ships, mercantile assistants and

Officers in the public service whose salary is N600.00 but
Less than Grade Level 08 …………………………………………………..

Auctioneers, master tradesmen, pilots, clerks and the like ………………….

Officers in the public service whose salary is less than Grade Level 08 ……

Artisans, journeymen and the like ……………………………………………

Others not specifically provided for or whose income is less than

N1,200.00 per annum ………………………………………………………..

Total Allowances
(a) By private car per kilometer …………………………………………
(b) By private motorcycle per kilometer ………………………………..
Note
The travelling expenses of witnesses shall be allowed according to the
sums reasonably and actually paid by them.
No allowance is made to an officer of the public service who is summoned as a
witness by any department of the Government. In all other cases he is allowed
costs and travelling expenses as if he were not in the public service.
Fees, costs and expenses payable to an officer in the public service shall be paid
into revenue unless otherwise ordered.

386
 THIRD SCHEDULE (Order 62)

NOTARIES' FEES OF OFFICE

Noting protest on bill or note ………………………………………………. ) Adopt

Extending protest on bills of exchange or promissory notes ………………)
Annexture A
Should the acceptor or drawer of a bill or note reside out of
town, and the notary have to present the bill or note, a further
charge for the first two kilometers of …………………………………………………..
minuting or noting ship's protest ……………………………………………………….
Extending ship's protest ………………………………………………………………..
Furnishing copy of extended protest …………………………………………………..
Attestation to any document …………………………………………………………...
Declaration thereto for each additional declarant …………………………………….
Attendances each ……………………………………………………………………….
Translations for every folio of seventy-two words …………………………………..

387
 FOURTH SCHEDULE
(Order 63, rule 1)
REGULATIONS REGARDING FEES
1. No summons, warrant, writ or subpoena shall except by
special order of the Court be issued until –
Fees to be paid
before issue of
(a) All fees payable thereon as contained in the appropriate
process schedule of fees shall have been paid; and
(b) An account thereof, initialed as received, shall have
been set forth by the officer issuing the process both in
To be carried to the margin and in the counterfoil thereof.
account on
process being 2. All such fees shall be carried to account immediately on the
signed process being signed by the Judge.
Documents to be
endorsed with 3. Every document, for or in respect of which any fee or fees
amount of fees shall have been paid, shall bear an endorsement initialed
and number of
receipt by the Registrar or other officer showing the amount of the
fee or fees so paid and the number of the receipt referring
to the payment.
Counterfoil Provided that when any form of process specifies the fees
receipt to be
produced on
thereof, it shall be sufficient for the Registrar or other
signature officer to initial the amount of such fees appearing thereon,
No document to and to quote the number of the receipt.
be used, unless fee
paid 4. Every Registrar or other officer submitting any writ of
summons or other process whatever for signature by a
Fees for service,
etc. to be paid Judge shall at the same time produce the stump of the
into revenue receipt given for the fees of such process.
Mode of
returning fees 5. No document in respect whereof a fee is payable shall be
issued in any legal proceedings, unless it shall have been
initialed as aforesaid by the Registrar or other officer or
unless the Court shall be otherwise satisfied that the
proper fees in respect thereof have been paid.
6. All fees for service, execution and mileage shall be paid into
revenue.
No hearing fee or other fee shall be returned except upon a
voucher payable at the treasury, in favour of the party entitled to
receive it and prepared at the direction of the Judge before whom
the cause or matter is set down and comes on for hearing.

388
 MEMBERS OF THE COMMITTEE FOR THE REVIEW OF THE
FCT HIGH COURT (CIVIL PROCEDURE) RULE 2018

1. Hon. Justice O. A. Adeniyi (Former Chairman)

2. Hon. Justice C. N. Oji (Chairman)
3. Hon. Justice A. O. Otaluka
4. Hon. Justice Y. Halilu
5. Hon. Justice A. O. Ebong
6. Hon. Justice S. U. Bature
7. Hon. Justice H. Mu’azu
8. Hon. Justice E. Enenche
9. Prof. Yemi Akinseye-George, SAN
10. Prof. Deji Adekunle, SAN
11. P.I. Ikwueto, SAN
12. Chief James Ogwu Onoja, SAN
13. Mrs. Funmi Quadri, SAN
14. A. A. Ibrahim, SAN
15. Mazi Afam Osigwe, SAN
16. Oyetola Atoyebi, SAN
17. F. R. Onoja, SAN
18. Okolie Bede Cajetan, Esq. (Secretary)
19. Paul Eshiemomoh, Esq.
20. Mag. Oyeyipo A. Olakunle
21. Mag. Chukwuemeka Tony Ubani
22. Mag. Sharon Ishaya Tanko
23. Afam Okeke, Esq.
24. Oluseyi J. Amose, Esq.
25. Brown Akpabio, Esq.
26. Prince Adebiyi Adetosoye DRAFTMAN:
27. B. A. Oyefeso, Esq. 1. C. J. Osman, Esq
28. C. I. A. Ofoegbunam SECRETARIAT:
29. Catherine Cyril 1.
30. Mrs Bolaji Gabari 2. Austine A. Ochoche

389