LAGOS STATE HIGH COURT (CIVIL PROCEDURE) RULES 2019

DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N3,000 (PDF)] CLICK HERE FOR ONLINE PAYMENT OR TRANSFER TO TREE & TREES, 0013401871, GTBANK. ALL THE LAWS OF LAGOS STATE IS ALSO AVAILABLE AS A COMPENDIUM. EMAIL: lawnigeria@gmail.com or info@lawnigeria.com or Text/WhatsApp +23407067102097.


LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2019

[PURSUANT TO THE HIGH COURT LAW, CAP H5, LAWS OF LAGOS STATE, 2015]

ARRANGEMENT OF RULES AND ORDERS

ORDER 1- CITATION AND INTERPRETATION

Rule 1: Citation

Rule 2: Interpretation

ORDER 2 – Over-riding Objectives

ORDER 3 – Applications

ORDER 4 – PLACE FOR INSTITUTING AND TRIAL OF SUITS

Rule 1 – Place of Trial

Rule 2 – Place of Trial for Several Defendants

Rule 3 – Commencement of Action in Wrong Division

ORDER 5 – FORM AND COMMENCEMENT OF ACTION

Rule 1 – Proceedings to be Commenced by Writ

Rule 2 – Form of Writ

Rule 3 – Forms of Writ for service out of Nigeria

Rule 4 – Proceedings to be Commenced by Originating Summons

Rule 5 – Form of Originating Summons

Rule 6 – Transferred Cases

Rule 7 – Filing of Originating Process to be Determined by Date

 Rule 8 – Screening of ADR

ORDER 6 – INDORSEMENT OF CLAIM AND OF ADDRESS

Rule 1 – Indorsement

Rule 2 – Indorsement to Show Representative Capacity

Rule 3 – Probate Actions

Rule 4 – Indorsement where the Claim is Liquidated

 ORDER 7 – EFFECT OF NON-COMPLIANCE

Rule 1 – Non-Compliance with Rules

Rule 2 – Application to set aside for Irregularity

ORDER 8 – ISSUE OF ORIGINATING PROCESS

Rule 1 – Preparing Originating Process

Rule 2 – Sealing of Originating Process

Rule 3 – Steps to be taken after Sealing

Rule 4 – Copies to be served

Rule 5 – Originating Process with Affidavit for Probate Actions

Rule 6 – Lifespan of Originating Process

Rule 7 – Indorsement of Renewal

Rule 8 – Loss of originating Process

Rule 9 – Concurrent Originating Process

Rule 10 – Concurrent Originating Process for service within and out of jurisdiction

ORDER 9 – SERVICE OF ORIGINATING PROCESS

Rule 1 – Person to Effect Service

Rule 2 – Service of Originating Process, etc. how effected

Rule 3 – When originating Process need not to be served personally

Rule 4 – Mode of Service when not personal

Rule 5 – Substituted Service

Rule 6 – Service on Person under Legal Liability

Rule 7 – Service on prisoner or detainee

Rule 8 – Service on a firm or partners

Rule 9 – Service on Corporation or Company

Rule 10 – Service on Foreign Corporation or Company

Rule 11 – Service on Local Agent of Principal who is out of Jurisdiction

Rule 12 – Service where Violence Threatened

Rule 13 – Expenses of Service

Rule 14 – Time of service on certain days

Rule 15 – Recording of service

Rule 16 – Service out of Lagos State

ORDER 10 – SERVICE OUT OF NIGERIA AND SERVICE OF FOREIGN PROCESS

Rule 1 – Cases where service of originating Process, etc, are allowed out of Nigeria 

Rule 2 – Agreement as to service

Rule 3 – Service abroad by Letter of Request

Rule 4 – Where Leave is granted or not required

Rule 5 – Service of Foreign Processes

Rule 6 – Inapplicability of Rule 4

Rule 7 – Service on Behalf of Foreign Tribunals

Rule 8 – Substituted Service of Foreign Process

ORDER 11 – APPEARANCE

Rule 1 – Mode of entry of appearance

Rule 2 – Defendant appearing in person ro represented by Legal Practitioner

Rule 3 – Fictitious Address

Rule 4 – Defendants appearing through same Legal Practitioner

Rule 5 – Late appearance

Rule 6 – Intervener in Probate matters

Rule 7 – Recovery of Land

Rule 8 – Landlord Appearing

Rule 9 – Person under Legal Disability Appearing

Rule 10 – Tenant

ORTDER 12 – DEFAULT OF APPEARANCE

Rule 1 – Default of Appearance Generally

Rule 2 – Default of Appearance by person under legal Disability

Rule 3 – Liquidated Demand

Rule 4 – Judgment in Default of Appearance

Rule 5 – Detention of Goods, Damages and Liquidated Demand

Rule 6 – Recovery of Land

Rule 7 – Mesne Profits

Rule 8 – Judgment for Costs: Upon payment, satisfaction, etc.

Rule 9 – Setting aside Judgement

Rule 10 – Default of appearance in actions not otherwise specifically provided for

Rule 11 – Compulsory Service

ORDER 13 – SUMMARY OF JUDGMENT

Rule 1 – Where Claimant believes there is no defence

Rule 2 – Delivery of Extra Copies

Rule 3 – Service

Rule 4 – Where Defendant intends to defend

Rule 5 – Leave to Defend

Rule 6 – Where there are several Defendants

ORDER 14 – APPLICATION FOR ACCOUNT

Rule 1 – Application: how made

Rule 2 – Order for Account

Rule 3 – Account may be taken by a Judge or Referee

ORDER 15 – PARTIES

Rule 1 – Persons claiming jointly or severally

Rule 2 – Action in name of wrong Claimant

Rule 3 – Misjoinder and Counter-Claim

Rule 4 – Any person may be joined as Defendant

Rule 5 – action in name of wrong Defendant

Rule 6 – Defendant need not be interested in all the reliefs sought

Rule 7 – Joinder of persons severally or jointly and severally liable

Rule 8 – Claimant in doubt as to person who redress is to be sought

Rule 9 – persons under legal disability

Rule 10 – Guardian

Rule 11 – Trustees, Executors etc. may be sued as representing the Estate

Rule 12 – Numerous Persons

Rule 13 – Representation of Persons or Classes of persons in Certain Proceedings

Rule 14 – Power to approve Compromise

Rule 15 – Where there is no Personal representative

Rule 16 – Proceedings not defeated by Misjoinder or Non-joinder

Rule 17 – Application to add or strike out a party

Rule 18 – Where Defendant is added

Rule 19 – Third parties may be joined by any of the parties

Rule 20 – Appearance by third parties

Rule 21 – Default by third parties

Rule 22 – Subsequent Third party

Rule 23 – Claim against Co-Defendant

Rule 24 – Actions by and against Firms

Rule 25 – Disclosure of Partners’ names

Rule 26 – Appearance of Partners

Rule 27 – Application of Rules to Actions between Co-Partners

Rule 28 – Persons trading as Firms

Rule 29 – Action not abated where cause of action survive

Rule 30 – Order to carry on Proceedings

Rule 31 – In case of Assignment, Creation of Devolution of Estate or Title

Rule 32 – Application to Discharge Order by Person under Disability having a Guardian

Rule 33 – By persons under Disability having no Guardian

Rule 34 – Acts may be done by Legal Practitioner or Agent

ORDER 16 – JOINDER OF CAUSES OF ACTION

Rule 1 – All causes of Action may be joined

Rule 2 – Recovery of Land

Rule 3 – Executor and Administrator

Rule 4 – Claims by Joint Claimants

ORDER 17 – PLEADINGS

Rule 1 – Filing of Pleadings

Rule 2 – Pleadings to state material facts and not Evidence

Rule 3 – Particulars to be given where necessary

Rule 4 – Further and better Statement or Particulars

Rule 5 – Denial

Rule 6 – Conditions Precedent

Rule 7 – Facts to be specifically pleaded in Defence and Reply

Rule 8 – Pleading to be Consistent

Rule 9 – Joinder of Issue

Rule 10 – Effect of Documents to be stated

Rule 11 – Notice

Rule 12 – Implied Contract of Relationship

Rule 13 – Presumption of Law

Rule 14 – Stated or settled account

Rule 15 – Striking out of Pleadings

Rule 16 – Defamation

Rule 17 – Where Pleading Discloses no reasonable Cause of Action

Rule 18 – Close of Pleading

ORDER 18 – STATEMENT OF CLAIM

Rule 1 – Statement of Claim

Rule 2 – Claim beyond Indorsement

ORDER 19 – DEFENCE AND COUNTER-CLAIM

Rule 1 – Statement of Defence

Rule 2 – Evasive Denial

Rule 3 – Denials generally

Rule 4 – Persons in Representative capacity

Rule 5 – Pleadings to Damages

Rule 6 – Set-off and Counter-claim

Rule 7 – Title of Counter-claim

Rule 8 – Claim against a non-party

Rule 9 – Appearance by added parties

 Rule 10 – Defence to Counter-Claim

Rule 11- Discontinuance of the Claimant’s Claim

Rule 12 – Judgment for balance

Rule 13 – Grounds of Defence after action brought

Rule 14 – Further Defence or Reply

Rule 15 – Concession to Defence

Rule 16 – Defence to originating Summons

ORDER 20 – REPLY

Rule 1 – Filing of Reply

Rule 2 – Reply to Counter-Claim

ORDER 21 – ADMISSIONS

Rule 1 – Notice of Admission

Rule 2 – Notice to Admit Document

Rule 3 – Notice to admit facts

Rule 4 – Judgment or Order upon admission of facts

Rule 5 – Cost of Notice where documents unnecessary

ORDER 22 – DEFAULT OF PLEADING

Rule 1 – Claim for debt or liquidated demand

Rule 2 – Default by one of several Defendants

Rule 3 – Damages and detention of Goods

Rule 4 – Default of one or more Defendants

Rule 5 – Debt or damages and detention of Goods or damages

Rule 6 – Recovery of Land

Rule 7 – Clam for Mesne Profits, Arrears or Damages

Rule 8 – Defence to part of claim only   

Rule 9 – Default of Defence

Rule 10 – One of several Defendants in Default

Rule 11 – Default of Third Party

Rule 12 – Setting aside Judgment by Default

ORDER 23 – PAYMENT INTO AND OUT OF COURT

Rule 1 – Payment into and out of Court

Rule 2 – Claimant may take out Money

Rule 3 – Money remaining in Court

Rule 4 – Several Defendants

Rule 5 – Counter-Claims

Rule 6 – Persons under Legal Disability

Rule 7 – Payment into and withdrawal of Money from Court

ORDER 24 – PROCEEDINGS IN LIEU FO DEMURRER

Rule 1 – Demurrer Abolished

Rule 2 – Points of law may be raised by pleading

ORDER 25 – WITHDRAWAL OR DISCONTINUANCE

Rule 1 – Claimant may withdraw or discontinue before Defence

Rule 2 – Claimant may withdraw to discontinue before Defence

Rule 3 – Withdrawal by consent

Rule 4 – Claimant may withdraw at trial

ORDER 26 – AMENDMENT

Rule 1 – Amendment of Originating Process and Pleadings

Rule 2 – Application

Rule 3 – Amendment of Originating Process

Rule 4 – Failure to amend after Order

Rule 5 – Filing and Service of amended process

Rule 6 – Date of Order and amendment to be displayed 

Rule 7 – Clerical mistakes and accidental omissions in Judgments etc.

Rule 8 – General powers to amend

ORDER 27 – CASE MANAGEMENT CONFERENCE AND SCHEDULING

Rule 1 – Case Management Conference Notice

Rule 2 – Agenda

Rule 3 – Time-table

Rule 4 – Report

Rule 5 – Sanctions

Rule 6 – Application to set aside Judgment and ADR directives

Rule 7 – Management

ORDER 28 – ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEEDINGS

Rule 1 – Application

Rule 2 – All applications to be taken by the ADR Judge

Rule 3 – Mode of ADR Application

Rule 4 – Enforcement of Award

Rule 5 – Report by ADR Judge

ORDER 29 – DISCOVERY AND INSPECTION

Rule 1 – Discovery by interrogatories

Rule 2 – Corporation or Companies

Rule 3 – Objection to interrogatories

Rule 4 – Answer by affidavit

Rule 5 – Order to answer or answer further

Rule 6 – Application for discovery of documents

Rule 7 – Processes filed after service on Legal Practitioner

Rule 8 – Verification of Business Books

Rule 9 – Attachment of Party after service on Legal Practitioner

Rule 10 – Citation of Legal Practitioner

Rule 11 – Using answers to interrogatories at Trial

Rule 12 – Discovery against Sheriff

Rule 13 – Person under Legal Disability

ORDER 30 – ISSUES, INQUIRIES, ACCOUNTS AND REFERENCES TO REFEREES

Rule 1 – Issues of facts

Rule 2 – Reference to Referee

Rule 3 – Instruction to Referee

Rule 4 – General Powers of Referees

Rule 5 – Evidence

Rule 6 – Reports made in pursuance of reference under order

Rule 7 – Special directions as to mode of taking account

Rule 8 – Accounts to be verified by Affidavit

Rule 9 – Mode of vouching accounts

Rule 10 – Surcharge

Rule 11 – Accounts and inquiries to be numbered

Rule 12 – Just Allowances

ORDER 31 – SPECIAL CASE

Rule 1 – Special case by Consent

Rule 2 – Special Case by Order before Trial

Rule 3 – Special Case to be Signed

Rule 4 – Application to set down where a person under disability is a party

Rule 5 – agreements for payment of Money and Costs

Rule 6 – Application of Order

ORDER 32 – CAUSE LIST

Rule 1 – List of causes for hearing

Rule 2 – Case Management and Weekly Cause List

Rule 3 – Public Holiday

Rule 4 – Judge unable to sit

Rule 5 – Notice Boards

ORDER 33 – PROCEEDING AT TRIAL

Rule 1 – Order of Proceedings

Rule 2 – Non-appearance of both parties

Rule 3 – Default of appearance by Defendant

Rule 4 – Default of Appearance by Claimant

Rule 5 – Judgment by Default may be set aside on terms

Rule 6 – Adjournment of Trial

Rule 7 – Times of Commandment and Termination of Trial  

Rule 8 – Party wit burden of proof to begin

Rule 9 – Documentary evidence

Rule 10 – Additional Witness

Rule11 – Close of case of parties

Rule 12 – Exhibits during Trial

Rule 13 – Written Address by Party beginning

Rule 14 – Written Address by the other Party

Rule 15 – Written Address of Party beginning

Rule 16 – Reply on Point of Law

Rule 17 – Custody of exhibits after trial

Rule 18 – Office copy of list of exhibits

ORDER 34 – DILLIGENT

Rule 1 – Party to ensure Diligent Prosecution  

Rule 2 – Indolent Prosecution

Rule 3 – Expediting Proceedings in case of undue Delay

ORDER 35 – FILING OF WRITTEN ADDRESSES

Rule 1 – Application

Rule 2 – Content of a Written Address

Rule 3 – Summation of Address

Rule 4 – Oral Argument

Rule 5 – Copies of Written Address

ORDER 36 – EVIDENCE GEENRALLY

Rule 1 – Facts how proved

Rule 2 – Particular facts

Rule 3 – Limitation of medical and expert evidence

Rule4 – Limitation on use of Documentary Evidence

Rule 5 – Revocation and Variation

Rule 6 – Certified True Copies Admissible in Evidence

Rule 7 – Examination of Witnesses Abroad

Rule 8 – Form of Order for Examination of Witnesses abroad

Rule 9 – Order for Attendance of person to produce Document

Rule 10 – Disobedience to Order for Attendance

Rule 11 – Expenses of persons Ordered to Attend

Rule 12 – Contempt of Court

Rule 13 – Examination of Witnesses

Rule 14 – Depositions not to be given in Evidence without Consent or leave of a Judge

Rule 15 – Oaths

Rule 16 – Attendance of Witness under Subpoena for Examination or to Produce Documents

Rule 17 – Practice as to taking of Evidence at any stage of Cause or Matter

Rule 18 – Special Direction as to taking of Evidence

Rule 19 – Evidence in Proceedings subsequent to Trial

Rule 20 – Form of Praecipe of a Subpoena

Rule 21 – Form of Subpoena

Rule 22 – Subpoena for Attendance of Witnesses in Chambers

Rule 23 – Correction of Errors in Subpoena

Rule 24 – Personal service lf Subpoena

Rule 25 – Duration of Subpoena

Rule 26 – Action to perpetuate Testimony

Rule 27- Examination of Witnesses to Perpetuate Testimony

Rule 28 – Such action not to be set down for Trial

ORDER 37 – AFFIDAVITS

Rule 1 – Evidence on Motions, etc

Rule 2 – Title of Affidavit

Rule 3 – Use of Defective Affidavit

Rule 4 – Special time for filing Affidavits

Rule 5 – No Retroactive Affidavit

Rule 6 – Alteration in accounts to be initialed

Rule 7 – Exhibits

Rule 8 – Certificate of Exhibit

Rule 9 – Application of Evidence act and Oath Law

Rule 10 – Deposition in Deponent’s Language

ORDER 38 – NON-SUIT

Rule 1 – Power of Court to non-suit

Rule 2 – Non-suit where no leave reserved

ORDER 39 – JUDGMENT, ENTRY OF JUDGMENT

Rule 1 – Delivery of Judgment at or after trial

Rule 2 – Date judgement pronounced in Court

Rule 3 – Date fo Judgment directed to be entered

Rule 4 – Judge may direct time for payment or performance and interest

Rule 5 – Time to be stated fro doing any act Memorandum to be indorsed

 Rule 6 – Judgment by consent where Defendant appears by a Legal Practitioner

Rule 7 – Judgement by Consent where Defendant has no Legal Practitioner

ORDER 40 – DRAWING UP OF ORDERS

Rule 1 – Date of Order, when drawn

Rule 2 – Orders that need not be drawn up

Rule 3 – Form of Order

ORDER 41 – TRANSFERS AND CONSOLIDATION

Rule 1 – Order Transferring Proceedings to High Court

Rule 2 – Payment of Filing Fees

Rule 3 – Duties of Registrar

Rule 4 – Directions

Rule 5 – Party failing to attend

Rule 6 – Construction

Rule 7 – Consolidation of Actions

ORDER 42 – INTERLOCUTORY ORDERS, ETC.

Rule 1 – Preservation or Interim Custody of Subject Matter of Disputed Contract

Rule 2 – Early Trial of Cause

Rule 3 – Order for Sale of Perishable Goods, etc

Rule 4 – Detention, Preservation or Inspection of Property, the Subject of an Action, Inspection by Judge

Rule 5 – Sale of Property in Possession of Court

Rule 6 – Order for Recovery of Specific Property other than land subject to Lien, etc

Rule 7 – Allowance from income of Property Pendente Lite

Rule 8 – Injunction against Repetition of Wrongful act or for breach of Contract

Rule 9 – Receivers’ Security and Remuneration

Rule 10 – Receivers’ Security and Remuneration

Rule 11 – Adjournment to give Security where Receiver Appointed in Court

Rule 12 – Fixing Days for Receivers to leave and pass their Accounts and pay in Balances and neglect of receiver

Rule 13 – Receivers’ Accounts

Rule 14 – Delivery of Account to the Registry

Rule 15 – Consequence of Default by a Receiver

Rule 16 – Passing of Guardians’ Accounts

ORDER 43 – MOTIONS AND OTHER APPLICAITONS

Rule 1 – Application by Motion

Rule 2 – Restriction on Rule Nisi

Rule 3 – When Notice of Motion should be given

Rule 4 – Special Leave

Rule 5 – Motions may be struck out or adjourned where necessary Notice not given

Rule 6 – Adjournment of hearing

Rule 7 – Service of Motion with originating Process

Rule 8 – Summons for account by Legal Practitioner

Rule 9 – Taxation of Bill of Cost

ORDER 44 – APPLICATION FOR JUDICIAL REVIEW

Rule 1 – Cases appropriate for Judicial Review

Rule 2 – Joinder of Claims for relief

Rule 3 – Grant of Leave to apply for Judicial Review

Rule 4 – Time within which to bring Application

Rule 5 – Mode of Application

Rule 6 – Statements and Affidavits

Rule 7 – Claim for Damages

Rule 8 – Interlocutory Application

Rule 9 – Hearing of Application for Judicial Review

Rule 10 – Consolidation of Applications

ORDER 45 – JURISDICTION OF CHIEF REGISTRAR

Rule 1 – Chief Registrar

Rule 2 – Business to be transacted by Chief Registrar 

Rule 3 – Chief Registrar may refer matter to the Chief Judge

Rule 4 – Appeal from Order of Chief Registrar

Rule 5 – Chief Registrar’s List

Rule 6 – Legal Practitioner may represent Party

Rule 7 – Chief Registrar’s Certificate

Rule 8 – Reference to Judgment, etc.

Rule 9 – Form and Contents of certificate in cases of accounts and inquiries

Rule 10 – When Certificate becomes binding

Rule 11 – Taxing of Bill of Costs

Rule 12 – Discharge or Variation of certificate after Lapse of any time

ORDER 46 – HABEAS CORPUS, ATTACHMENT FOR CONTEMPT

Rule 1 – Application: How Made

Rule 2 – Power to issue Order of release immediately

Rule 3 – Service of Notice

Rule 4 – Copies of Affidavit

Rule 5 – Service of Order to release

Rule 6 – Statement and Verifying Affidavit

Rule 7 – Procedure at Hearing

Rule 8 – Procedure on Disobedience of Court Order

Rule 9 – Return

ORDER 47 – INTERPLEADER

Rule 1 – When relief by Interpleader is granted

Rule 2 – Interpleader Summons

Rule 3 – Adverse Titles of Claimants

Rule 4 – When Application to be made by a Defendant

Rule 5 – Stay of Action

Rule 6 – Order upon Summons

Rule 7 – Questions of Law

Rule 8 – Failure of Claimant to appear, or neglect to obey Summons, Costs, etc.

 Rule 9 – Order as to Cost, etc.

ORDER 48 – COMPUTATION OF TIME

Rule 1 – Rules for computation of Time

Rule 2 – Holiday

Rule 3 – Time of Service

Rule 4 – Court may extend time

ORDER 49 – MISCELLANEOUS PROVISIONS

Rule 1 – Days of Sittings

Rule 2 – Public or private Sittings of the Court

Rule 3 – Office hours

Rule 4 – Day of Sittings and Long Vacation

Rule 5 – Vacation

Rule 6 – Vacation not reckoned in time for pleadings

Rule 7 – Recovery of Penalties and Costs

Rule 8 – Publication of Notice

Rule 9 – Filing of Documents

Rule 10 – How Process Addressed

Rule 11 – No fees where proceedings by Government Department

Rule 12 – Regulations

ORDER 50 – ARREST OF ABSCONDING DEFENDANT

Rule 1 – Application

Rule 2 – Defendant leaving Nigeria

Rule 3 – Warrant to Arrest

Rule 4 – Bail for Appearance or Satisfaction

Rule 5 – Deposit in Lieu of Bail

Rule 6 – Committal in default

Rule 7 – Cost of Subsistence of Person Arrested

ORDER 51 – PROCEEDINGS IN FORMA PAUPERIS

Rule 1 – Application

Rule 2 –  Who may sue or defend in forma pauperis

Rule 3 – Conditions to be Fulfilled

Rule 4 – Fees and Costs

Rule5 – Procedure to be Followed

Rule 6 – Revocation of Order, Discontinuance, etc.

Rule 7 – Payment to Legal Practitioner

Rule8 – Duty of Legal Practitioner

Rule 9 – Appeals

ORDER 52 – CHANGE OF LEGAL PRACTITIONER

Rule 1 – Legal Practitioner to conduct cause or matter to final Judgment

Rule 2 – Application for change of Legal Practitioner or withdrawal of Service

Rule 3 – Service of Application by Legal Practitioner

ORDER 53 – COSTS

Rule 1 – Principle to be observed in fixing costs

 Rule 2 – Rejection of offer of settlement: costs

Rule 3 – Security for costs

Rule 4 – Security for costs by Claimant temporarily within jurisdiction

Rule 5 – Action founded on judgment or bill of exchange

Rule 6 – Bond as Security

Rule 7 – Costs at Discretion of Court

Rule 8 – Costs out of fund or property

Rule 9 – Stay of Proceedings till payment of costs

Rule 10 – Stage of proceedings at which costs to be dealt with

Rule 11 – When costs follow events

Rule 12 – Matters to be taken into account in exercising discretion

 Rule 13 – Costs arising from misconduct or neglect

Rule 14 – Personal liability of Legal Practitioner for costs

Rule 15 – Taxation of costs

Rule 16 – Notice to other party

Rule 17 – Power of Taxing officer

Rule 18- Supplementary powers of taxing officer

Rule 19 – Extension of time

Rule 20 – Power of taxing Officer where Party liable to be paid and to pay costs

Rule 21 – Mode of beginning Proceedings for Taxation

Rule 22 – Provisions as to Bills of Costs

Rule 23 – Provision as to Taxation Proceedings

Rule 24 – Scale of Costs

Rule 25 – Certificate of Taxing Officer

 Rule 26 – Fees on Taxation

Rule 27 – Application for Review

Rule 28 – Application by Summons

ORDER 54 – BUSINESS IN CHAMBERS

Rule 1 – Representation in Chambers

Rule 2 – – Matter to be Disposed of in Chambers

Rule 3 – Evidence upon Application for Appointment of Guardians and Maintenance

Rule 4 – Guardian with reference to Proceedings in Chambers

Rule 5 – Further Consideration of Matter originating in Chambers

Rule 6 – Notes of Proceedings in Chambers

Rule 7 – Drawing up and entry of Orders made in Chambers

Rule 8 – Costs

Rule 9 – Decision given in Chambers, how set aside or varied

ORDER 55 – FORECLOSURE AND REDEMPTION

Rule 1 – Originating summons for Foreclosure and redemption

Rule 2 – Civil Forms for Foreclosure and Redemption

Rule 3 – Service and Execution of Judgement

ORDER 56 – SUMMONS TO PROCEED WITH ACCOUNT AND INQUIRIES AFTER JUDGMENT

Rule 1 – Bringing in Judgment etc. directing accounts and inquiries

Rule2 – Summons to proceed with accounts and inquiries: Directions

Rule 3 – Settling Deed where parties differ

Rule 4 – Where service of Notice of Judgment or Order may be dispensed with

Rule 5 – Non-service of Notice of Judgment nor Order: Stoppage of Proceedings

Rule 6 – Documents: Copies for use of Judge

Rule 7 – Entry in Summons Book

ORDER 57 – SUMMARY PROCEEDINGS FOR POSSESSION OF LANDED PROPERTY OCCUPIED BY SQUATTERS OR WITHOUT THE OWNER’S CONSENT

Rule 1 – Application of this Order

Rule 2 – Proceedings to be brought by Originating Summons

Rule 3 – Affidavit

Rule 4 – Service of Originating Summons

Rule 5 – Application by Occupier to be made a Party

Rule 6 – Order for Possession

Rule 7 – Writ of Possession

Rule 8 – Setting aside of Order

ORDER 58 – STAY OF EXECUTION OR PROCEEDINGS PENDING APPEAL

Rule 1 – Stay pending Appeal

Rule 2 – Compilation of Record

Rule 3 – Court may grant or refuse order for Stay

Rule 4 – Formal Order to be drawn up

 ORDER 59 – FAST TRACK PROCEEDURE

Rule 1 – Objective

Rule 2 – Cases qualified for Fast Track

Rule 3 – Marking and Payment of Filing Fees

Rule 4 – Service of Originating Process

Rule 5 – Filing of Defense and Reply

Rule6 – Applying for case Management Conference

Rule 7 – Time Limited for Case Management Conference

Rule 8 – Trial Directions

Rule 9 – Variation of Trial Directions

Rule 10 – Enforcement of Trial Directs

Rule 11 – Trial from Day to day

Rule 12 – Adjournments

Rule 13 – Period for Trial and Addresses

Rule14 – Delivery of Judgment

ORDER 60 – PROCEEDINGS IN REVENUE MATTERS

Rule 1 – Application

Rule 2 – Revenue Court

Rule 3 – Commencement by Form 40

Rule 4 – Further Information

Rule 5 – Payment into Court

Rule 6 – Payment by Instalments

Rule 7 – Filing of the Answer

Rule 8 – Further Affidavit

Rule 9 – Hearing

Rule 10 – Duration

Rule 11- Default of Answer

Rule 12 – Proceedings under other Provision

Rule 13 – Interpretation

ORDER 61 – PROBATE AND ADMINISTRATION

Rule 1 – Petitions to be made to the Probate Registrar

Rule 2 – Preservation of Property

Rule 3 – Personal Application

Rule 4 – Application for Grants through Legal Practitioners

Rule 5 – Further enquiries by Judge

Rule 6 – Oath in Support of Grant

Rule 7 – Grant in Additional Name

Rule 8 – Additional Evidence for Grant

Rule 9 – Notice to other Persons

Rule10 – Grants where Deceased is domiciled outside the State

Rule 11 – Grant to Attorney

Rule 12 – Grants on behalf of Minors

Rule 13 – Grants where Minor is co-Executor

Rule14 – Grants in cases of Mental or Physical Incapacity

Rule 15 – Notice of application to State

Rule 16 – Accounts to be Filed

Rule 17 – Penalty for Intermeddling

Rule 18 – Evidence of Foreign Law

Rule 19 – Amendment or Revocation of Grant

ORDER 62 – GRANT OF PROBATE OR LETTERS OF ADMINISTRATION WITH WILL

Rule 1 – Deposit of Will

Rule 2 – Custody of Wills

Rule 3 – Will to be given out with order of Judge

Rule 4 – Examination of Will as to Due Execution

Rule 5 – Evidence as to Due Execution of Will

Rule6 – proof of Due Execution where Attesting Witnesses are Dead

Rule 7 – Evidence as to terms, conditions, and date of execution of Will

Rule 8 – Attempted revocation of Will

Rule 9 – Affidavit as to due execution

Rule 10 – Will of blind or Illiterate testator

Rule 11 – Interlineations, erasures and obligations in Wills  

 Rule 12 – Documents referred to, annexed or attached to a Will

Rule 13 – Executor dying or not appearing to prove Will

Rule 14 – Production of testamentary papers

Rule 15 – Judge may order production

Rule 16 – Examination in respect of purported testamentary papers

Rule17 – Notice to Executor to come in and prove or renounce probate

Rule 18 – Liability for Intermeddling before Grant

Rule19 – Engrossment of Will

Rule 20 – Grants to Attesting Witnesses

Rule 21 – Right of Assignee to a Grant

Rule 22 – Order of Priority of Grant

Rule 23 – Grants to Successor of Beneficiary

Rule 24 – Renunciation of Probate

Rule 25 – Resealing

Rule 26 – Citations

Rule 27 – Citation to accept or refuse grant

Rule 28 – Citation to Propound a Will

ORDER 63 – GRANTING LETTERS OF ADMINISTRATION WITHOUT WILL

Rule 1 – Letters of Administration

Rule 2 – Declaration of value of personal property

Rule 3 – Administration Bond

Rule 4 – Guarantee

Rule 5 – Assignment of Bond

Rule6 – Inquiries before grant

Rule 7 – Administration Summons

Rule 8 – Grant of Administration in Special Circumstances

Rule 9 – Court may appoint Administrator

Rule 10 – Remuneration of Administrator

Rule 11 – Securing and Leaving Administering Estate of Foreign National

Rule 12 – Addition of Personal Representative

Rule 13 – Grant where two or more persons entitled in same Degree

Rule 14 – Joinder of Administrator

Rule 15 – Grant under other Enactment

Rule 16 – Grant of Special Administration

Rule 17 – Election to Redeem Life

Rule 18- Notice to prohibit Grant; Caveats

Rule 19 – Grants to be signed by Probate Registrar

ORDER 64 – PROCEEDINGS IN PROBATE AND ADMINISTRATION ACTIONS

 Rule 1 – Forms of Suits

Rule 2 – Capacity of Claim

Rule 3 – Service outside Nigeria

Rule 4 – Defences to be Pleaded with Particular

Rule 5 – Dispute of Defendant’s Will

Rule 6 – Notice of Opposition to Will

Rule 7 – Inquiry as to outstanding personal estate

Rule 8 – Discretion to order costs

Rule 9 – Originating Summons for Reliefs

Rule 10 – Order for Administration of Estate and Trust

Rule 11 – Persons to be Served

Rule 12 – Interference with Trustee’s Discretion

Rule13 – Judge not bound to order Administration

Rule 14 – Orders to be made where no Account or Insufficient Account has been rendered

Rule 15 – Application for Order to Produce Will

Rule 16 – Limited Grants

Rule 17 – Grants in respect of Perishable Goods

Rule 18 – Application to swear to the death of a Person

Rule 19 – Applications by Originating Summons

Rule 20 – Service of Originating Summons

Rule 21 – Mode of Service

Rule 22 – Application

Rule 23 – Interpretation

ORDER 65 – COMMENCEMENT

HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2019

In exercise of the power conferred on me by Section 274 of the Constitution of the Federal Republic of Nigeria (1999 as amended) and Section 89(1) of the High Court Law, Cap H5, Laws of Lagos 2015 and all other powers enabling me in that behalf, I, Oyeyemi Olufunmilayo Oke, Chief Judge of Lagos State, hereby make these Rules

_____________________________________

HON. JUSTICE OPEYEMI OLUFUNMILAYO OKE

CHIEF JUDGE OF LAGOS STATE

PREAMBLE

The purpose of these Rules is to facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimal expense. Accordingly, the Rules are designed to promote a just determination of every civil proceeding without undue delay, expense and technicality and to facilitate the amicable resolution of dispute by use of Alternative Dispute resolution (ADR) mechanism. They shall be construed to secure simplicity in procedure, fairness in administration, efficient and speedy dispensation of justice. Thus, in every proceeding in a Court, a party impliedly undertakes to the Court and to the other parties to proceed in an expeditious way. The Court may dismiss a proceeding or impose a sanction as to costs, if, in breach of the implied undertaking, a party fails to proceed as required by these Rules or on order of the Court.

Parties and their Counsel shall cooperate with the Court to further the overriding objectives of these Rules as stated in Order 2.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA