FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES 2019

ARRANGEMENT OF SECTIONS ORDER I – REVOCATION, CITATION, SAVINGS, ETC 1. Revocation of Civil Procedure Rules 2009 2. Citation and commencement 3. Savings: part-heard matters, etc 4. Fundamental objective 5. Interpretation 6. Meaning of other words ORDER II – PLACE OF INSTITUTING AND TRIAL OF SUITS 1. (1) Place for trial of suits (2) Suits relating to taxation, etc 2. Judicial Division of Court in which suit may commence 3. Suits commenced in wrong Judicial Division 4. Transfer of proceedings ORDER III – FORM AND COMMENCEMENT OF ACTION 1. Form of commencement of action 2. Proceedings which must be begun by writ 3. Mode of beginning civil proceedings commenced by writ of summons 4. Form of writ 5. Form of writ for service out of Nigeria 6. Proceedings which may be begun by originating summons 7. Where right depends on construction of enactment 8. Discretion of the Judge 9. Forms of originating summons 10. Originating process to be tested by its date 11. Preparing originating process 12. Sealing of originating process 13. What is to be done after sealing 14. Copies to be served 15. Duration of and renewal 16. Validity and renewal of originating summons 17. Indorsement of renewal 18. Loss of originating process 19. Concurrent originating process 20. Concurrent originating within process of service and out of jurisdiction ORDER IV – INDORSEMENT OF CLAIM AND OF ADDRESSES 1. Indorsement 2. Indorsement as to representative capacity 3. What is endorsed where claim is liquidated 4. Ordinary account 5. Indorsement of address by plaintiff or by legal practitioner 6. Originating process with no address 7. Address for Service unidentifiable or vague ORDER V – PETITION: GENERAL PROVISIONS 1. Application 2. Contents of petition 3. Presentation of petition 4. Fixing time for hearing, etc. of petition 5. Time of Service 6. Certain applications not to be made by petition ORDER VI – SERVICES OF PROCESS: A – SERVICE WITHIN JURISDICTION 1. By whom service is to be effected 2. Service of process: how effected 3. When process need not be served 4. Special bailiff 5. Substituted service 6. Service on employee of Government 7. Service on partners 8. Service on corporation or company 9. Service on board ship 10. Service on prisoners and lunatics 11. Service on infants 12. Service on local agent of principal who is out of jurisdiction B – SERVICE OUT OF JURISDICTION 13. Service of writ out of jurisdiction 14. Application to be supported by affidavit 15. Order to fix time for appearance 16. Service of notice 17. Service of originating summons, etc 18. Service abroad by letter of request 19. Service out of the jurisdiction under the Civil Aviation Act 20. Service of documents abroad 21. Saving for other modes of service 22. Airmail 23. Service for foreign tribunals 24. Substituted service 25. Order thereon C – GENERAL PROVISIONS 26. Where violence threatened 27. Affidavit of service 28. Expenses of service 29. Service on Sunday or public holiday 30. Recording of service 31. Interpretation ORDER VII – APPEARANCE 1. Mode of entry of appearance 2. Defendant appearing in person or represented by legal practitioner 3. Memorandum of appearance with no address for service 4. Defendants appearing through same legal practitioner 5. Person under legal disability appearing ORDER VIII – DEFAULT OF APPEARANCE 1. Default of appearance generally 2. Liquidated demand 3. Liquidated demand: several defendants 4. Several defendants 5. Default of appearance by person under legal disability 6. Judgment in default of appearance 7. Detention of goods, damages and liquidated demands 8. Judgment for costs: upon payment, satisfaction etc 9. Setting aside judgment 10. Default of appearance in actions not otherwise specifically provided for ORDER IX – PARTIES: A – GENERAL 1. Persons claiming jointly or severally 2. Action in the name of a wrong plaintiff 3. Misjoinder and Counterclaim 4. (1) Class action (3)Opting in and opting out 5. Any person may be joined as defendant 6. Action in the name of a wrong defendant 7. Defendant needs not be interested in all the reliefs sought 8. Joinder of persons severally or jointly and severally liable 9. Plaintiff in doubt as to person from whom he seeks redress 10. Persons under legal disability 11. Next friend 12. Numerous persons 13. Where there is no personal representative 14. Proceedings not defeated by misjoinder or non-joinder 15. Application to add or strike out 16. Where defendant is added 17. (1) Third party notice (2) How leave obtained 18. Form and issuance of notice 19. Effect of notice 20. Appearance 21. Default by third party 22. Procedure after default 23. Third party directions 24. Leave to defend 25. At trial or after A – ACTION AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN 26. Actions by and against firms 27. Disclosure of partners’ names 28. Appearance of partners 29. Application of rules to actions between copartners 30. Person trading as firms C – ALTERATION OR PARTIES 31. Where change of interest, Court may make order enabling suit to proceed 32. Application to discharge order by person under disability having a guardian 33. Application to discharge order by persons under disability having no guardian D – LEGAL PRACTITIONERS OR AGENTS 34. Act may be done by legal practitioner 35. Party may change legal representative 36. Where legal representative ceases to act 37. Address of party ORDER X – JOINDER OF CAUSES OF ACTION 1. All causes of action may be joined 2. Claims by joint plaintiffs 3. Counter-claim against plaintiff 4. Court may order separate trials, etc ORDER XI – CONSOLIDATION 1. Consolidation ORDER XII – THE UNDEFENDED LIST 1. Undefended list: affidavit 2. Copies of affidavit to be served 3. Notice of intention to defend 4. Judgment in undefended suit 5. Oral evidence ORDER XIII – PLEADINGS: A – GENERAL 1. Service of statement of claim 2. Service of statement of defence 3. Service of reply and defence to counter-claim 4. (1) Pleading to state material facts and not evidence (2) How facts are to be stated 5. Particulars to be given where necessary 6. Matters which must be specifically pleaded 7. (1) Further and better statement or particulars (2) Letter for particulars (3) Particulars before defence 8. Order for particulars not a stay 9. Specific denial 10. Denial by joinder of issue 11. Pleadings to be consistent 12. (1) Grounds of claim founded on separate facts to be separately stated (2) The relief claimed to be stated 13. Allegations shall not be made generally but specifically 14. Denial of fact must answer point of substance 15. Admissions 16. Set-off or counter-claim to be pleaded 17. Evidence in denial of allegation or in support of defence not set up in pleadings 18. Further pleadings 19. Costs in certain cases 20. Striking out pleadings 21. Denial of contract 22. Effect of documents to be stated 23. Malice, knowledge, or other condition of mind 24. Notice 25. Implied contract or relation 26. Presumption of law 27. Technical objection 28. Stated or settled account 29. Defence of tender 30. Defence of set-off. 31. Judgment for balance 32. Close of pleadings B – STATEMENT OF CLAIM 33. Statement of claim 34. Claim beyond indorsement C – STATEMENT OF DEFENCE AND COUNTER-CLAIM 35. Statement of defence 36. Evasive denial 37. Denials generally 38. Persons in representative capacity 39. Pleading to damages 40. Set-off and counter-claim 41. Title of counter-claim 42. Claim against persons not parties 43. Appearance by added parties 44. Reply to counter-claim 45. Judgment for balance 46. Grounds of defence after action brought 47. Further defence or reply 48. Concession to defence 49. Defence in originating summons D – REPLY 50. Filing of reply 51. Reply to counter-claim ORDER XVI – DEFAULT OF PLEADINGS 1. Claim for debt or liquidated demand 2. Several defendants: default of one 3. Damages and detention of goods 4. Default of one or more defendants 5. Debt or damages and detention of goods or damages 6. Where a defence is filed to part of claim only 7. Defendant in default 8. One of several defendants in default 9. Default of third party 10. Setting aside judgment by default 11. Interpretation ORDER XV—ADMISSIONS 1. Notice of admission of facts 2. Notice to admit document 3. Notice to admit facts 4. Judgment or order upon admission of facts 5. Costs, where documents unnecessary ORDER XVI – PROCEEDINGS IN LIEU OF DEMURRER 1. Demurrer abolished 2. Points of law may be raised by pleadings 3. Dismissal of action 4. Striking out pleading where no reasonable cause of action is disclosed 5. Declaratory judgment ORDER XVII—AMENDMENT 1. Amendment of originating process and pleadings 2. Application 3. Amendment of originating process: additional witnesses 4. Failure to amend after order 5. Filing and service of amended process 6. Date of order and amendment to be displayed 7. Correction of clerical error or mistake ORDER XVIII – SETTLEMENT OUT OF COURT AND SETTLEMENT OF ISSUES 1. Period for settlement 2. Formulation of issues for determination 3. Party may apply for issue to be tried 4. Formulation of issues by Court ORDER XIX – PROCEEDINGS AT TRIAL 1. Non-appearance of both parties 2. Default of appearance by defendant at trial 3. Default of appearance by plaintiff 4. Adjournment of trial, termination of trial 5. Time of commencement and termination of trial 6. Order of proceedings 7. Burden of proof by party to begin 8. Documentary evidence 9. Additional witness 10. Close of case of parties 11. Exhibits during trial 12. Custody of exhibit after trial 13. Office copy of list of exhibits 14. Diligent prosecution ORDER XX – EVIDENCE GENERALLY 1. Facts: how proved 2. Particulars of facts 3. Limitation on use of documentary evidence 4. Revocation and variation 5. Certified true copies admissible in evidence 6. Examination of witnesses abroad 7. Form of order for examination of witnesses abroad 8. Order for attendance of person to produce document 9. Disobedience to order for attendance 10. Expenses of persons ordered to attend 11. Contempt of court by witness 12. Examination of witnesses 13. Depositions not to be given in evidence without consent or by leave of a Judge 14. Oaths 15. Attendance of witness under subpoena for examination or to produce document 16. Practice as to taking of evidence at any stage of cause or matter 17. Special directions as to taking of evidence 18. Evidence in proceedings subsequent to trial 19. Form of praecipe of a subpoena 20. Form of subpoena 21. Subpoena for attendance of witness in Chambers 22. Correction of error in subpoena 23. Personal service of subpoena 24. Service and proof of service 25. Duration of subpoena 26. Action to perpetuate testimony 27. Examination of witness to perpetuate testimony 28. Such action not to be set down for trial 29. Notice to produce to other party 30. Notice to produce in pleadings or in separate notice 31. Sufficient particulars 32. Fees 33. Failure to produce document 34. Court may order inspection, etc 35. Order made with or without summoning party 36. Costs 37. Enforcement of order against bank 38. Expressions relating to banker’s book ORDER XXI – NON-SUIT 1. Power of Court to non-suit ORDER XXII – FILING OF WRITTEN ADDRESS 1. Power to order for written address 2. Court to order written address 3. Written address by the other party 4. Written address by party beginning 5. Right of reply 6. Content of written address 7. Summary of address 8. Oral argument 9. Address to be deemed adopted where party absent 10. Copies of written address ORDER XXIII – JUDGEMENT, ENTRY OF JUDGEMENT 1. Delivery of judgment 2. Judge unable to deliver judgment 3. Date of judgment pronounced in Court 4. Date of judgment directed to be entered 5. Judge may direct time for payment or performance and interest 6. Payment by installment 7. Time to be stated for doing any act 8. Judgment by consent where defendant appears by a legal practitioner 9. Judgment by consent where defendant has no legal practitioner 10. Notice when judgment reserved 11. When parties deemed to have had notice ORDER XXIV – DRAWING UP OF ORDERS 1. Signing of orders 2. Date of order when drawn 3. What orders need not be drawn up 4. Form of order ORDER XXV – COSTS 1. Security for costs by plaintiff or defendant 2. Principle to be observed in fixing costs 3. Security for costs 4. Security for costs by plaintiff temporarily within jurisdiction 5. Action founded on judgment or bill of exchange 6. Bond as security for costs 7. Costs at discretion of Court 8. Costs out of fund or property 9. Stay of proceedings until costs paid 10. Stage of proceeding at which costs to be dealt with 11. When costs to follow the event 12. Matters to be taken into account in exercising discretion 13. Costs arising from misconduct or neglect 14. Personal liability of legal practitioner for costs ORDER XXVI – INTERLOCUTORY APPLICATION: A – MOTION GENERALLY 1. Time to apply 2. (1) Application by ‘notion (2) Motion list 3. Affidavit and written address 4. Affidavit to be served with motion and written address 5. Counter affidavit to motion B – EXPARTE MOTIONS 6. Affidavit in support of Ex parte motions 7. Argument on motion 8. Order of ex parte motion 9. Court may vary or discharge order 10. Duration of Ex-parte order C -ORDER TO SHOW CAUSE 11. Return day to be specified 12. Counter evidence 13. Further service in certain cases 14. Appearance or proof of service 15. General powers as to orders D – NOTICE OF MOTION 16. Notice of motion 17. Service of notice 18. Service on solicitor 19. Copy of affidavit to be served with notice 20. Order of service E – EVIDENCE IN INTERLOCUTORY PROCEEDINGS 21. Oral evidence 22. Evidence in addition to or in lieu of affidavits 23. Notice to parties and interested parties 24. Affidavit not filed with Motion paper ORDER XXVII – AFFIDAVITS 1. Evidence on motions, etc 2. Title of affidavit 3. Use of defective affidavits 4. Special time for filing affidavits 5. Affidavits in support of exparte application 6. Notice of intention to use affidavit 7. Alterations in accounts to be initialed 8. Exhibits 9. Certificate of exhibit 10. Affidavit taken in Commonwealth Country admissible without proof of seal, etc ORDER XXVIII – INTERLOCUTORY INJUNCTION AND INTERIM PRESERVATION OF PROPERTY 1. Application for injunction 2. Detention, preservation, etc. of subject matter of action 3. Power to order samples to be taken 4. Sale of perishable property etc 5. Order for early trial 6. Recovery of personal property subject to lien, etc 7. Directions 8. Allowance of income of property pendente lite ORDER XXIX – DISPUTING THE COURT’S JURISDICTION 1. Disputing the Court’s Jurisdiction 2. Defendant disputing must file memorandum of appearance 3. Defendant not to lose right to dispute jurisdiction 4. Time and mode of application 5. Failure to apply within time ORDER XXX – INTERIM ATTACHMENT OF PROPERTY 1. Interim attachment of property: where ordered 2. Application for attachment 3. Form of order 4. Where defendant fails to show cause or give security 5. Rights of third parties not to be affected 6. Removal of attachment 7. In which Court proceedings may be taken ORDER XXXI – NEEDLESS DETENTION OF CHATTELS AND REPARATION FOR IT 1. Damages for needless detention, etc ORDER XXXII – STAY OF PROCEEDINGS OR EXECUTION PENDING APPEAL 1. Stay of proceedings or execution pending appeal 2. Court may grant or refuse order for stay 3. Compilation of records 4. Application for stay to be treated as urgent 5. Formal order to be drawn up ORDER XXXIII – INTERPLEADER PROCEEDINGS 1. Entitlement to relief by way of interpleader 2. Claim to goods, etc taken in execution 3. Mode of application 4. Matters to be proved 5. When application to be made by defendant 6. Stay of action 7. Order upon summons 8. Failure of claimant to appear; or neglect to obey summons 9. Costs, etc ORDER XXXIV – APPLICATION FOR JUDICIAL REVIEW 1. Cases appropriate for application for judicial review 2. Joinder of claims for relief 3. Grant of leave to apply for judicial review 4. Time within which to bring application 5. Mode of applying for judicial review 6. Statement and affidavits 7. Claim for damages 8. Interlocutory application 9. Hearing of application for judicial review 10. Person acting in obedience to an order of mandamus 11. Consolidation of applications ORDER XXXV – COMMITTAL FOR CONTEMPT OF COURT 1. Committal for contempt of court 2. Application to Court 3. Saving for power to commit without application for the purpose 4. Provisions as to hearing 5. Contempt in face of Court: saving for 6. Power to suspend execution of committal order 7. Discharge of person committed 8. Saving for other powers 9. Return ORDER XXXVI – WRIT OF EXECUTION 1. Definition 2. When leave to issue any writ of execution is necessary 3. Leave required for issuance of writ in aid of other writ 4. Application for leave to issue writ 5. Application for leave to issue writ of sequestration 6. Issuance of writ of execution 7. Duration of and renewal of writ of execution 8. Return of writ of execution ORDER XXXVII – GARNISHEE PROCEEDINGS 1. Attachment of debt due to judgment debtor 2. Application for order 3. Service and effect of order to show cause 4. Non appearance or dispute of liability by garnishee 5. Dispute of liability by garnishee 6. Claims of third persons 7. Discharge of garnishee ORDER XXXVIII – PROCEEDINGS IN FORMA PAUPERIS 1. Duration of provisions 2. Who may sue or defend in forma pauperis 3. Conditions to be fulfilled 4. Fees and costs 5. Assignment of legal practitioner 6. Procedure to be followed 7. Revocation of order: discontinuance, etc 8. Payment to legal practitioner 9. Duty of legal practitioners 10. Leave to appeal ORDER XXXIX – ASSESSOR 1. Assessor sitting in Court 2. Assessor not to write judgment 3. Assessor to give advice only on his subject 4. Judge not bound to accept assessor’s advice 5. Assessor shall take oath of secrecy ORDER XL- RECEIVER 1. Application for appointment of Receiver and injunction 2. Giving of security by Receiver 3. Remuneration of Receiver 4. Receiver’s account 5. Payment of balance, etc. by Receiver 6. Default by Receiver ORDER XLI – REFERENCE TO REFEREE 1. Instructions to Referee 2. Interim inquiries or account 3. General Powers of the Referee 4. Evidence 5. Referee’s authority in the inquiry 6. Limitation in certain particulars 7. (1) Reports made in pursuance of reference (2) Referee may report questions of facts specially ORDER XLII – PAYMENT INTO AND OUT OF COURT 1. Payment into and out of Court 2. Plaintiff may take out money 3. Money remaining in Court 4. Several defendants 5. Counter-claim 6. Persons under legal disability 7. Payment into and withdrawal of money from Court ORDER XLIII – DISCOVERY AND INSPECTION 1. Discovery by interrogatories 2. Form of interrogatories 3. Interrogatories to corporation or company 4. Objection to interrogatories by answer 5. Affidavit in answer, filing of 6. Form of affidavit in answer 7. Order to answer, or answer further 8. Application for discovery of documents 9. Process filed after close of pleadings 10. Verification of business books 11. Committal of party after service on legal practitioner 12. Committal of legal practitioner 13. Using answers to interrogatories at trial 14. Discovery of documents in marine insurance policies 15. Affidavit of documents 16. Power to order list of documents in lieu of affidavit 17. Production of documents 18. Inspection of documents referred to in pleadings or affidavit 19. Notice to produce 20. (1) Time for inspection when notice given under Rule 19 (2) Form of notice 21. (1) Order for inspection (2) Affidavit in support of application when required 22. (1) Verified copies (2) Power to order discovery of particular document or class of documents 23. Premature discovery 24. Non-compliance with order for discovery 25. Service on legal practitioner of order for discovery 26. Liability of legal practitioner 27. Using answer to interrogatories at trial 28. Discovery against sheriff 29. Order to apply to infants 30. Power to revoke order made ORDER XLIV – ACCOUNTS AND INQUIRIES 1. Summary order for accounts 2. Court may direct taking of accounts, etc 3. Directions as to manner of taking account 4. Account to be made, verified, etc 5. Erroneous, account 6. Delay in prosecution of account, etc 7. Distribution of fund before all persons entitled are ascertained ORDER XLV – ARREST OF ABSCONDING DEFENDANT 1. Defendant leaving jurisdiction or removing property 2. Warrant to arrest 3. Bail for appearance or satisfaction 4. Deposit in lieu of bail 5. Committal in default of security 6. Cost of subsistence of person arrested ORDER XLVI – COURT SITTING AND VACATION 1. Days of sitting 2. Public or private sitting of Court 3. Office hours 4. Days of sitting: long vacation 5. Vacation Courts 6. Vacation not reckoned in computing time for pleadings, etc 7. Chambers 8. Vacation Judges ORDER XLVII – CAUSE LISTS 1. Weekly cause lists 2. Posting of weekly cause lists 3. Where any Thursday is a public holiday 4. Notice boards 5. Copies of weekly cause list ORDER XLVIII – COMPUTATION OF TIME 1. Computation of time 2. Holiday 3. Time of service 4. Court may extend time 5. No enlargement of time by consent of parties ORDER XLIX – TRANSFER AND REASSIGNMENT OF CASES 1. Transfer of cause or matter 2. Re-assignment of cause or matter 3. Action by the Chief Judge on transfer 4. Evidence of part-heard cause or matter 5. Transfer of proceedings from the Court to a High Court 6. Transmission of order and copies of entries to the appropriate High Court ORDER L – WITHDRAWAL AND DISCONTINUANCE 1. Withdrawal of appearance 2. Discontinuance of action without leave 3. Discontinuance of action, etc. with leave 4. Effect of discontinuance 5. Stay of subsequent action until costs paid 6. Withdrawal of summons ORDER LI – EFFECT OF NONCOMPLIANCE 1. Effect of non-compliance 2. Application to set aside for irregularity ORDER LII – ARBITRATION: A-REFERENCE TO ARBITRATOR 1. Nomination of Arbitrators and appointment 2. Court may appoint Arbitrators 3. Form or order of reference 4. Umpire where necessary 5. Attendance of witnesses 6. Extension of time for making award 7. Power of Court in case of death, incapacity, or refusal to act 8. Finding 9. Special case for opinion of the Court 10. Court may modify or correct award 11. Power as to costs 12. Power of Court to remit award for reconsideration 13. Setting aside award 14. Filing award; effect of B – ARBITRAL PROCEEDINGS 15. Applications under Arbitration and Conciliation Act C – ENFORCEMENT OF ARBITRAL AWARD 16. Mode of enforcing awards D – REGISTRATION OF FOREIGN ARBITRAL AWARD 17. Awards made in proceedings in foreign territory ORDER LIII – APPEALS AND APPLICATION UNDER THE TRIAL MARKS ACT AND PATENTS AND DESIGNS ACT: A – GENERAL 1. (1) Application of general procedure rules (4) Appeal from Registrar 2. Notice of motion, etc 3. Time within which appeal may be heard 4. Amendment of notice of Motion 5. Power of the Court on appeal 6. Reference by Registrar B – TRADEMARKS 7. Procedure for action on infringement of registered trade mark C – PATENTS AND DESIGNS 8. Procure for nullification of patents or designs 9. Restriction on evidence 10. Procedure for action on infringement of patents or designs 11. Appointment of expert 12. Interpretation under this Order ORDER LIV – APPEALS TO THE COURT ROOM FROM PROFESSIONAL BODIES 1. Application 2. Method of appeal 3. Evidence Service 4. Content of notice and date of hearing 5. Reasons for appeal to be filed 6. Copies of affidavits to be served on the parties ORDER LV – FEES AND ALLOWANCES 1. Fees Appendix 2 2. Regulations Appendix 5 ORDER LVI – MISCELLANEOUS PROVISIONS 1. Orders to be made 2. Other procedure rules in Appendix I 3. Recovery of penalties and cost 4. Notices 5. Filling 6. Fees: Appendix 3 7. Days of opening registry to the public 8. Where no rules exist 9. Forms of writ, summons etc Civil Forms 1, 2, 3 and 4 ORDER LVII – POWERS OF THE CHIEF JUDGE TO AMEND RULES AND ISSUE PRACTICE DIRECTIONS 1. Powers of Chief Judge over new rules 2. Publication of new rules 3. Chief Judges power to issue practice directions etc 4. Practice directions etc, to be published ORDER LVIII – ESTADLISHMENT OF COMMUNICATIONS AND SERVICE CENTRE FOR E-FILING 1. Powers of the Chief Judge 2. E-filing Registrar 3. Parallel operation with the present system 4. Plaintiff to determine filing method 5. Where electronically filed matter shall be heard 6. Filing electronically filed matter in the same manner 7. Documentary exhibits 8. Electronic signature 9. Document under oath 10. Process deemed filed in a case of technical failure 11. System outage or technical failure preventing compliance APPENDIXES 1. Appendix 1 – Fundamental Rights (Enforcement Procedure) Rules, 1979 etc 2. Appendix 2 – Fees payable 3. Appendix 3 – Notaries Fees etc 4. Appendix 4 – Allowances to witnesses and interpreters 5. Appendix 5 – Regulations regarding Fees 6. Appendix 6 – Civil Procedure Forms

LAWS OF LAGOS STATE OF NIGERIA