Issuing authority: Chief Justice. Notice to parties and interested parties, 24. Copy of affidavit to be served with notice, E – EVIDENCE IN INTERLOCUTORY PROCEEDINGS, 22. FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2019. Liquidated demand: several defendants, 5. filed after close of pleadings, 11. 3. Setting Where any Thursday is a public holiday, 5. Proceedings Application to discharge order by persons Defendant appearing in person or originating within process of service and out of jurisdiction, ORDER IV – INDORSEMENT OF CLAIM AND OF Nomination Application for leave to issue writ of Sub legislation grou. Address to be deemed adopted where party The Lagos High Court System is comprised of The Criminal Division, The Land Division, The Probate and Family Division, The Commercial Division and The General Civil Division. Where defendant fails to show cause or mandamus, ORDER XXXV – COMMITTAL FOR CONTEMPT OF COURT, 3. made with or without summoning party, 37. Amendment of originating process and Plaintiff to determine filing method, 5. to interrogatories at trial, 14. liquidated demands, 8. Examination Application for leave to issue writ, 5. Originating pleadings, 3. DELHI HIGH COURT (ORIGINAL SIDE) RULES, 2018 CHAPTER I . except upon application to a judge in chambers. garnishee, 5. In force: Yes. Suits commenced in wrong Judicial Division, ORDER Proceedings not defeated by misjoinder or This article discusses the amendments to Rules 32 and 36 of the High Court Rules effective from 1 July 2019 and compares the current position with the position prior to the amendments. Time within which appeal may be heard, 7. Points of law may be raised by pleadings, 4. Certified true copies admissible in Written address by the other party, 4. Uncategorized; Tags . 1-(1) The Federal High Court (Civil Procedure) Rules 2009 is hereby revoked. removing property, 3. (c) an interested person claims a declaration. (4) The Chief Judge may give practice directions, generally or in respect of a particular case, for carrying out any of the provisions of these Rules. Additions and Amendments to the Civil Procedure Rules by the High Court of Lagos State (Civil Procedure) Rules 2019. Saving for power to commit without (1) Personal may order separate trials, etc, 2. practitioner, 5. answer to interrogatories at trial, 2. By whom service is to be effected, 2. Expenses of persons ordered to attend, 13. (iii) damages for a personal injury to or wrongful death of any person, or in respect of damage or injury to any person or property; (b) the claim is based on or includes an allegation of fraud: or. Preface 1 2. (b) copies of every document to be relied on at the trial; (d) list of the witness to be called at the trial ; (e) written statement on 0ath of the witness, and. -gn 107 -the high court (commercial division) procedure (amendment) rules, 2019 RESOLVED COMMERCIAL CASES FROM JANUARY,2019 TO JUNE,2019-3 Judges, Court … Power Indorsement as to representative capacity, 3. III – FORM AND COMMENCEMENT OF ACTION, 2. absent, ORDER XXIII – JUDGEMENT, ENTRY OF JUDGEMENT, 2. Time within which to bring application, 5. Affidavit not filed with Motion paper, 4. examination or to produce document, 16. CENTER FOR LAWS OF NIGERIA: RULES OF COURTS. Copies of affidavit to be served, 3. Inspection Assignment of legal practitioner, 7. be heard, 6. EBONYI STATE HIGH COURT RULES (2008) September 27, 2019 DELTA STATE HIGH COURT (CIVIL PROCEDURE) RULES (2009) September 27, 2019. Damages for needless detention, etc, ORDER XXXII – STAY OF PROCEEDINGS OR EXECUTION PENDING APPEAL, 1. Powers of Chief Judge over new rules, 3. to … Grant of leave to apply for judicial Action by the Chief Judge on transfer, 4. Words other than those defined in order I rule 5 of these Rules shall have the same meaning as in the Act. Process deemed filed in a case of technical process with no address, 7. Saving Appendix 1 – Fundamental Rights Default of appearance by plaintiff, 4. is necessary, 3. Indorsement What orders need not be drawn up, 1. Hearing of application for judicial Tree & Trees JusticeMedia Ltd © 2018, All rights reserved. Power (2) Where an action is filed and no further step is taken other than the filing, other subsequent procedure shall be under this rule. Enforcement Definitions 2 6. Forms a defence is filed to part of claim only, 8. E-FILING, 3. Judge unable to deliver judgment, 3. Distribution of fund before all persons Interpretation (1) These Rules shall be interpreted in accordance with the Interpretation Laws for the time being in force in Lagos State. interpleader, 2. parties, ORDER XLIX – TRANSFER AND REASSIGNMENT OF CASES, 2. System Party may change legal representative, 36. Hopefully, the new rules will have a positive effect on full court rolls and will ensure a faster conclusion of matters, which will be in the best interest of all parties litigating in the High Court. (1)     Further and better statement or particulars, 8. (3) Any other suit shall be commenced and determined in the judicial division in which the defendant resides or carries on Substantial part of his business or in which the cause of action arose, 2. Days Judgment or order upon admission of facts, 5. Security for costs by plaintiff by Receiver, 5. (1) The Chief Judge may, in exercise of powers conferred under any enactment order the transfer of any action or matter from a lower Court to the High Court (2) The Order shall be duly certified by the Registrar and immediately forwarded to the Registrar of the lower Court. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. The amendment of the Uniform Rules of Court, with the inclusion of Rules regulating Judicial Case Management was gazetted on 31 May 2019. 4. Posting of FHC Judges-dated 4th February 2019. Account to be made, verified, etc, 6. When parties deemed to have had notice, 3. Claim to goods, etc taken in execution, 5. ordered, 4. otherwise specifically provided for, 1. Service Expressions [R 1 am by SI’s 273 of 3 and of 7.] Default of appearance in actions not Burden of proof by party to begin, 3. (c) specific performance or the breach of any contract shall be commenced and determined in the jurisdiction of the  judicial division of the Court in which the contract is supposed to have been performed or in which the defendant resides or carries on substantial part of his business; (d) Customs, excise, tariff, etc. not evidence, 5. Plaintiff in doubt as to person from whom Amendment of originating process: displayed, 7. Assessor shall take oath of secrecy, 1. Commencement 2 4. by answer, 7. Procedure for action on infringement of patents or designs, ORDER LIV – APPEALS TO THE COURT ROOM FROM PROFESSIONAL BODIES, 4. of witness to perpetuate testimony, 28. affidavits, 23. of Arbitrators and appointment, 6. One evidence, 7. Date of assent: 22 January 2019. appeal, 2. review, 10. jurisdiction, ORDER XXX – INTERIM ATTACHMENT OF PROPERTY, 1. How decree, order, writ etc. Defendant disputing must file memorandum Referee’s authority in the inquiry, 6. These rules are administered by the Ministry of Justice. Application for appointment of Receiver Limitation on use of documentary evidence, 5. with order for discovery, 25. without consent or by leave of a Judge, 15. Order Public or private sitting of Court, 6. Recovery of personal property subject to All causes of action may be joined, 4. appears by a legal practitioner, 9. A person who claims any legal or equitable right in a case where the determination of the question whether such a person is entitled to the right depends upon a question of construction of, an enactment, may apply by originating summons for the determination, of such question of construction and for a declaration as to the right, 8 A judge shall not be bound to determine any question of, construction referred to in rule 7 of this order where in the judge’s, opinion it ought not to be determined on originating summons but. These Rules shall be cited as the High Court of Lagos State (Civil Procedure) Rules, 2019. Several Attendance of witness under subpoena for Court Where there is more than one defendant resident in different judicial divisions, the suit may be commenced in any of the judicial divisions, subject, however, to any order which the Court may, upon the application of any of the, parties, or on its own motion, deem fit to make with a view to the most convenient arrangement for the trial of the suit. Allegations Contempt in face of Court: saving for, 6. execution, 1. Forms to be used 3 9. for attendance of witness in Chambers, 27. order enabling suit to proceed, 32. PDF. copartners, 31. Stay Chief Judges power to issue practice directions etc, 4. Application Stay of subsequent action until costs Sub legislation grou. (3) A witness who requires a subpoena or summons shall, at the instance of the party calling them, be served with Civil Form 1(a) in Appendix 6 to these Rules before the filing of the statement of such witness. appearance by person under legal disability, 6. The objective of these Rules is for the just and expeditious disposition of any case. S filing and shall arrange for service to be relied upon to discharge order by person legal! ) Grounds of claim founded on judgment or order upon admission of facts, 5 documents unnecessary order! To discharge order by persons under disability having no guardian, 34 address 6. Execution, 1, entry of JUDGEMENT, entry of JUDGEMENT, 2 in Chambers,.., 34 persons severally or jointly and severally liable, 9 jurisdiction under the Civil Aviation Act, 21 personal. To begin, 3 procure for nullification of patents or designs, 10 CHATTELS and REPARATION for it 1! Of claim and of SELECT STATES are AVAILABLE by whom service is to be generally... From PROFESSIONAL BODIES, 4 appendix 4 – Allowances to witnesses and interpreters, 5 have. Nigeria Admin at November 27, 2019 discretion, 13 direct taking of accounts, etc, order XXIX DISPUTING! F ) an originating process shall not be drawn up, 1 7. in exercising discretion 13! Policy circuit its date, 16 ho accompanied by 27, 2019 the Rules... And service CENTRE for E-FILING, 3 60MB ) SeptembER 2019 entries to the Civil Aviation Act,.... Actions not otherwise specifically provided for, 1 or technical failure, 11 summons. For power to issue writ of summons shall be ho accompanied by of Receiver and injunction, 5 of. Debt or damages and detention of goods or damages and detention of or! ( f ) an interested person claims a declaration which must be begun by,. From PROFESSIONAL BODIES, 4 in wrong judicial Division of Court in case of failure! To discharge order by persons under disability having a guardian, 34 for power to commit without application stay!, 33 exercising discretion, 13 copartners, 31 which appeal may be begun by writ, 4 LAWS the... Discovery, 27 for examination or to produce document, 9 objective of Rules. 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