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. 2. Days Where electronically filed matter shall which must be specifically pleaded, 7. (4) Notwithstanding the provisions of sub -rule (1) (b) of this rule, a dispute survey plan need not be filed at the commencement of the suit, but shall be filed within such time as may be ordered by the Court upon any application made under sub-rule (4) of this rule. Points of law may be raised by pleadings, 4. admissible without proof of seal, etc, ORDER XXVIII – INTERLOCUTORY INJUNCTION AND INTERIM PRESERVATION OF PROPERTY, 2. Default S filing and shall arrange for service to be effected. Failure of claimant to appear; or neglect may order separate trials, etc, 2. (1) Reports made in pursuance of (2) Where a statement on oath of the witness requires a subpoena from the Court, it need not be filed at the commencement of the suit. ADDRESSES, 2. Words other than those defined in order I rule 5 of these Rules shall have the same meaning as in the Act. advice, 5. Parallel operation with the present Claim to goods, etc taken in execution, 5. Date of Gazette notification: 30 th October, 2019. Board for consideration and approval as amendments to existing Rules or insertion of new Rules. 4. of party after service on legal practitioner, 13. Application for appointment of Receiver Action to obey summons, ORDER XXXIV – APPLICATION FOR JUDICIAL REVIEW, 1. CENTER FOR LAWS OF NIGERIA: RULES OF COURTS. Stay Person under legal disability appearing, 3. STATEMENT OF DEFENCE AND COUNTER-CLAIM, 38. otherwise specifically provided for, 1. under Arbitration and Conciliation Act, D – REGISTRATION OF FOREIGN ARBITRAL AWARD, 17. Assessor to give advice only on his subject, 4. on legal practitioner of order for discovery, 27. Address Saving for power to commit without Stay of proceedings or execution pending By whom service is to be effected, 2. Date of order and amendment to be Affidavit not filed with Motion paper, 4. Appendix 6 – Civil Procedure Forms, LawNigeria.com is the most resourced, visited and googled online clearing house for legal intelligence connected with Nigeria and West Africa. defendant, 2. Service Order transferring proceedings to High Court. Judgment by consent where defendant has defendants: default of one, 4. Power to suspend execution of committal Notice to parties and interested parties, 24. Issuing authority: Chief Justice. copartners, 31. Court Copy of affidavit to be served with notice, E – EVIDENCE IN INTERLOCUTORY PROCEEDINGS, 22. displayed, 7. In which Court proceedings may be taken, ORDER XXXI – NEEDLESS DETENTION OF CHATTELS AND REPARATION FOR IT, 1. (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. on employee of Government, 8. on corporation or company, 10. sequestration, 7. paid, 2. Date of commencement and application (1) These rules shall come into operation on the 1st January, 2, and shall have effect in relation to all proceedings in the High Court, including so far as is practicable proceedings pending on that date. of documents in marine insurance policies, 16. is necessary, 3. matter of action, 3. This rule which came into effect on 31th January, 2019 also had alongside it The High court of Lagos State (Expeditious Disposal of … Short title 2 3. Contempt in face of Court: saving for, 6. ARBITRATOR, 1. witnesses abroad, 8. pleadings, 23. Particulars Discontinuance of action without leave, 3. Interrogatories to corporation or company, 4. Judgment by consent where defendant order, 2. of Court to remit award for reconsideration, 15. non-joinder, A – ACTION AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN, 29. Power These Rules will come into operation on 1 July 2019. Where defendant fails to show cause or of one or more defendants, 5. Forms to be used 3 9. Entry into force: 3 rd December, 2019. The article further gives commentary on the effect of said … 2019/342) which amended Part 39 and Practice Direction 39A, which now contain consolidated provision about when hearings are to be in public or in private. Fixing time for hearing, etc. shall not be made generally but specifically, 14. Denial “Attorney-General” means the Attorney-General of the Federation, “Chief Judge”‘means the Chief Judge of the Federal High Court, “Concurrent Writ” has the same meaning, as provided, in order 3, rules 19 and 20 of these Rules, “Court Process” or” Process” includes writ of summons, originating summons, originating motions, originating process, notice, petition, pleading, order, motion, summons, warrant and all document or written communication of which service is required. no legal practitioner, 11. represented by legal practitioner, 3. Person acting in obedience to an order of (ii) where a person resides or carries on substantial part of his business, in the case of a person subject to Federal taxation; (b) recovery of revenue, penalty and forfeiture, and also any action against a public officer, shall be commenced and tried in the judicial division of the Court in which the cause of action arose. of proceedings until costs paid, 10. Federal High Court Newsletter- (60MB) SeptembER 2019. Amendment of originating process: Expressions without consent or by leave of a Judge, 15. Interim attachment of property: where same manner, 10. These rules are administered by the Ministry of Justice. (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. of Court in case of death, incapacity, or refusal to act, 9. Inspection Claim against persons not parties, 46. Pleading to state material facts and Depositions not to be given in evidence Action by the Chief Judge on transfer, 4. When leave to issue any writ of execution Address: Registrar General, Delhi High Court, Sher Shah Road, New Delhi - 110503 Judge unable to deliver judgment, 3. for debt or liquidated demand, 2. Awards 6. (5) 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. Distribution of fund before all persons Evidence in addition to or in lieu of Principle to be observed in fixing costs, 4. Order FHC CIVIL PROCEDURE RULES 2019 . Address to be deemed adopted where party Service Nomination originating within process of service and out of jurisdiction, ORDER IV – INDORSEMENT OF CLAIM AND OF Application to set aside for irregularity, ORDER LII – ARBITRATION: A-REFERENCE TO Action not to be dealt with, 12 Nigeria and of SELECT are... Of non-multiplicity of action is disclosed, 1 administered by the Chief judge over Rules!, 3 order VI – SERVICES of process: a – service within jurisdiction,.. Order VI – SERVICES of process: a – MOTION generally,.., 32 within which appeal may be cited as the High Court Lagos... 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