PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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MATRIMONIAL CAUSES RULES
ARRANGEMENT OF RULES
Order I – Preliminary
| 1. | Citation. | 2. | Commencement. | 3. | Orders. |
| 4. | Interpretation. | 5. | Functions of registrar. | 6. | Designation of parties to proceedings. |
| 7. | Filling of documents. | 8. | Computation of time. | 9. | Chambers. |
| 10. | Directions as to practice and procedure. | 11. | On hearing of ancillary proceedings, further applications may be made. | 12. | Address for service. |
| 13. | Schedules and Forms. | 14. | Compliance with Forms. |
Order II – Reconciliation
| 1. | Petitioners and certain applicants and respondents to be informed of facilities available to assist reconciliation. | 2. | Certificate. |
Order III – Proceedings
Part I – Commencement of Proceedings.
| 1. | Institution of proceedings. | 2. | How proceedings instituted. | 3. | Proceedings to be numbered. |
Part 2 – Applications to the Court
| 4. | How applications instituted. | 5. | Parties to application. | 6. | Service of copy of application. |
| 7. | Affidavits in support of application. | 8. | Affidavit in answer and in reply. |
Order IV – Applications for Leave to Institute Proceedings for Dissolution of Marriage or Judicial Separation
| 1. | Application may be made ex-parte. | 2. | Affidavit in support of application. | 3. | Marriage certificate to be filed with application. |
| 4. | Service of copy of order. |
Order V – Petitions
Part 1 – General
| 1. | Particulars of parties, &c., to be included in petition. | 2. | Particulars of date and place of birth of parties. | 3. | Domicile or residence. |
| 4. | Particulars of cohabitation. | 5. | Particulars of children. | 6. | Particulars of previous proceedings. |
| 7. | Condonation, connivance and collusion. | 8. | Particulars of other orders sought. | 9. | Date and signature. |
| 10. | Petition to be verified. |
Part 2 – Petitions for Dissolution of Marriage
| 11. | Form of petition for dissolution of marriage. | 12. | Ground for relief to be stated in petition. | 13. | Statement in petition when petitioner has committed adultery. |
| 14. | Arrangements for welfare of children. | 15. | Petition for dissolution of marriage where there is separation. | 16. | Petition for dissolution of marriage where there is presumption of death of a spouse. |
| 17. | Death of person specified in petition. |
Part 3 – Petitions for Nullity of Marriage
| 18. | Form of petition. | 19. | Ground for relief to be stated in petition. | 20. | Petition to state domicile at time of marriage. |
| 21. | Petition for nullity-voidable marriage. | 22. | Arrangements for welfare of children. |
Part 4 – Petitions for judicial Separation
| 23. | Form of petition. | 24. | Application of certain rules to petition for judicial separation. |
Part 5 – Petitions for Restitution of Conjugal Rights
| 25. | Form of petition | 26. | Petition for restitution of conjugal rights. |
Part 6 – Filing Petitions and Notices of Petitions
| 27. | Marriage certificate to be filed with petition. | 28. | Notice of petition or of proceedings. | 29. | Time for answer or reply to be specified in notice of petition or notice of proceedings. |
| 30. | Notice of petition or of proceedings in force for twelve months. | 31. | Lost notice. | 32. | Concurrent notices. |
Order VI – Service
Part I – General Provisions relating to Service of Documents
| 1. | Manner of service. | 2. | Personal service. | 3. | Service by post. |
| 4. | When service effected if posted to address for service, &c. | 5. | Service in Convention countries. | 6. | Power to dispense with service. |
| 7. | Substituted Service. |
Part 2 – Service of Petitions and Answers
| 8. | Service of petitions. | 9. | Service of answer. | 10. | State petitions and answers. |
Part 3 – Service on Infants and Persons of Unsound mind
| 11. | Service of petition, &c., on infant. | 12. | Service of petition, on person of unsound mind. |
Part 4 – Proof of Service
| 13. | Proof of personal service of document. | 14. | Proof of service of document by post. | 15. | Proof of service by posting document to an address. |
| 16. | Proof of service of document by advertisement. | 17. | Affidavits of service. | 18. | Presumption of due service and date of service where notice of address for service filed. |
Order VII – Pleadings
Part 1 – Answers
| 1. | Answer. | 2. | Answer seeking dissolution, &c., of marriage. | 3. | Answer under protest. |
Part 2 – Replies and Rejoinders
| 4. | Reply. | 5. | Reply under protest. | 6. | Rejoinder. |
| 7. | Further rejoinder. |
Part 3 – Pleadings Generally
| 8. | Definition. | 9. | When allegations in pleadings deemed to be admitted. | 10. | Date and signature pleading. |
| 11. | Affidavit verifying pleading. | 12. | Service of pleading. |
Part 4 – Discontinuance
| 13. | Withdrawal of pleading. |
Order VIII – Amendment of Pleadings, Supplementary Petitions And Supplementary Answers
Part 1 – Amendment of Pleadings
| 1. | Amendments that may be made. | 2. | Amendments before service. | 3. | Amendments after service. |
| 4. | Verification of amendment. | 5. | Notice of application for leave to amend. | 6. | Method of amending pleading. |
| 7. | Amendment not effective until served. | 8. | Pleading to amended pleading. | 9. | Consequential amendment of subsequent pleading. |
Part 2 – Supplementary Petitions and Supplementary Answers
| 10. | Supplementary petitions and supplementary answers. | 11. | Contents of supplementary petition. | 12. | Contents of supplementary answer. |
| 13 | Condonation, connivance and collusion. | 14. | Particulars of other orders sought. | 15. | Service of supplementary petitions and supplementary answers. |
| 16. | Time for filing an answer to a supplementary petition or reply to supplementary answer. | 17. | Pleading to supplementary petition or supplementary answer. |
Order IX – Parties
Part 1 – General
| 1. | Certain persons not parties to proceedings. | 2. | How certain persons named become parties. | 3. | Allegation of adultery or sodomy with person unknown. |
| 4. | Amendment when of adulterer, &c., becomes known. | 5. | Death of adulterer. | 6. | Certain infants are not parties to proceedings |
| 7. | Incest with infant. |
Part 2 – Infants
| 8. | Institution of proceedings by infants. | 9. | Infant respondents, &c. | 10. | Intervention by infant. |
| 11. | Separate representation of child. | 12. | Application of these Rules to infants. |
Part 3 – Persons of Unsound Mind
| 13. | Definition. | 14. | Institution of proceedings by persons of unsound. | 15. | Respondents, &c., who are persons of unsound mind. |
| 16. | Intervention by person of unsound mind. | 17. | Application of these Rules to persons of unsound mind. |
Part 4 – Guardians ad litem.
| 18. | Election of guardian by infant. | 19. | Appointment of friend of infant as guardian ad litem. | 20. | Attorney-General may act as guardian of person of unsound mind. |
| 21. | Appointment of friend as guardian of person of unsound mind. | 22. | Appointment of guardian in other circumstances. | 23. | Appointment of Public Trustee to be guardian of person of unsound mind. |
| 24. | Order appointing guardian ad litem to be served. | 25. | Removal of guardian ad litem. | 26. | Notice of appointment of guardian ad litem. |
| 27. | Legal Practitioner acting as guardian. |
Order X – Default in Pleading
| 1. | Effect of failure to file pleading within due time. | 2. | Default of pleading by infant or person of unsound mind. | 3. | Time for filing answer or reply by guardian. |
Order XI – Preparation for Trial
Part 1 – Preliminary
| 1. | Definitions. | 2. | Application to persons of unsound mind. | 3. | Time when pleadings in a defended suit complete. |
Part 2 – Particulars, Discovery and Inspection of Documents
| 4. | Particulars. | 5. | Discovery. | 6. | Affidavit of discover. |
| 7. | Discovery of particular document. | 8. | Failure to discover document. | 9. | Inspection of document. |
| 10. | Order for production of documents generally. | 11. | Order for production of particulars documents. | 12. | Copies of certain books. |
| 13. | Privilege. | 14. | Non-compliance with order for discovery, | 15. | Interrogatories. |
Part 3 – Admissions and Notices to Produce
| 16. | Admission of facts. | 17. | Notice to admit documents. | 18. | Notice to admit facts. |
| 19. | Affidavit of signature to admissions. | 20. | Notice of produce documents. |
Part 4 – Medical Examination of Parties
| 21. | Medical examination in nullify proceedings. | 22. | Appointment of medical inspector upon the trial of proceedings. | 23. | Medical examination in divorce proceedings. |
| 24. | Service of notice of appointment of medical inspector. | 25. | Medical inspector’s oath and identification of person to be examined. | 26. | Report on medical examination. |
| 27. | Failure to comply with provisions of this Part. |
Part 5 – Discretion Statements
| 28. | Discretion statements to b filed. | 29. | Form, and contents of discretion statements. | 30. | Service of notice of allegation on spouse. |
| 31. | Service of notice on spouse. | 32. | Disclosing discretion statement. |
Part 6 – Compulsory Conferences
| 33. | Application of this Part. | 34. | Conference to be held before certain suits set down for trial. | 35. | Conference. |
| 36. | Conference where both parties represented by legal practitioner. | 37. | Conference where a party not represented by legal practitioner. |
Part 7 – Consolidation of Proceedings
| 38. | Consolidation of proceedings. |
Part 8 – Setting Suits down for trial
| 39. | Setting undefended suit for trial. | 40. | Request to set defend suit down for trial. | 41. | Setting defended suit down for trial. |
| 42. | Service of request to set suit for trial. | 43. | Request to set suit down for trial. | 44. | Place at which suit may be set down for trial. |
| 45. | Date of trial. | 46. | Notice of venue. | 47. | Change of venue. |
| 48. | Expediting trial of suit. | 49 | Time of trial.. |
Order XII – Decrees
| 1. | Decree of dissolution of marriage. | 2. | Decree of nullity. | 3. | Decree of judicial separation. |
| 4. | Decree of restitution of conjugal rights. | 5. | Adultery of party who has established ground for dissolution or judicial separation. | 6. | Death of party after decree nisi but before decree becomes absolute. |
| 7. | Decree absolute. | 8. | Rescission where parties reconciled. | 9. | Rescission on ground of miscarriage of justice. |
Order XIII – Intervention by Persons not Parties to Proceedings
| 1. | Intervention by Attorney-General. | 2. | Intervention by Attorney-General after decree nisi. | 3. | Intervention by other persons. |
Order XIV – Proceedings for Ancillary Relief
Part 1 – Preliminary
| 1. | Definitions. | 2. | Certain proceedings may be instituted without the leave of the court. | 3. | Application for leave to institute proceedings for ancillary relief |
| 4. | Particulars to be included in application for ancillary relief. | 5. | Defence to proceedings for ancillary relief. | 6. | Forms for application for ancillary relief. |
Part 2 – Maintenance pending Suit
| 7. | Assessment by the registrar. | 8. | Matters to be Specified in Assessment. | 9. | Service of Assessment. |
| 10. | Form of Assessment. | 11. | Reference of claim to the court. | 12. | Default in payment of amount assessed. |
| 13. | Notice of hearing. | 14. | Consent orders for maintenance pending the disposal of proceedings | 15. | Determination of claim for maintenance by the court. |
| 16. | Ex parte application for maintenance pending suit. |
Part 3 – Certificate of Means
| 17. | Application for certificate of means. | 18. | Issue of certificate of means. | 19. | Certificate of means to be evidence. |
Part 4- Custody
| 20. | Notice of application for interim order. | 21. | Respondent may make application for custody pending disposal of proceedings. | 22. | Application for custody pending disposal of proceedings. |
| 23. | Ex parte application for custody. | 24. | Party who claims custody to disclose any adultery. |
Part 5 – Proceedings for Ancillary Relief instituted by a Person not a party to the marriage
| 25. | Application for custody of a child by a person other than a parent of the child. |
Part 6 – Variation of Orders
| 26. | Variation of orders. |
Order XV – Evidence
Part 1 – General
| 1. | Evidence to be given orally. | 2. | Proof of service of documents. | 3. | Circumstances in which proof of service of petition or answer unnecessary. |
| 4. | Evidence of when letter delivered in ordinary course of poet. | 5. | Affidavit evidence on the trial of proceedings. | 6. | Affidavit evidence on the hearing of other proceedings. |
Part 2 – Affidavits
| 7. | Contents of affidavit. | 8. | Document to be produced if extract set forth in affidavit. | 9. | Exhibits. |
| 10. | Use of figures. | 11. | Before whom affidavit may be sworn. | 12. | Form of affidavit. |
| 13. | Affidavit to contain occupation and address of deponent. | 14. | Signing affidavit. | 15. | Affidavit made by two or more deponents. |
| 16. | Affidavit to be filed before being used. | 17. | Endorsements on affidavit. | 18. | Irrelevant matter. |
| 19. | Alterations in affidavit. | 20. | Affidavit by illiterate of blind persons. |
Order XVI – Affirmations and Defective Affidavits
| 1. | Affirmations. | 2. | Defective affidavits. |
Order XVII – Enforcement of Decrees
Part 1 – General
| 1. | Application. | 2. | Enforcement of decrees. | 3. | Demand for compliance with decree. |
Part 2 – Attachment and Sequestration
| 4. | Leave to enforce decree by attachment or sequestration. | 5. | When sequestration may be ordered. | 6. | Discharged of writ of sequestration. |
Part 3 – Attachment of Earnings Orders
| 7. | Interpretation. | 8. | Application to High Court for attachment of earnings order. | 9. | Form of attachment of earnings order. |
| 10. | Service of orders. | 11. | Service on the Government of the Federation &c. | 12. | Certificate of posting to be evidence. |
| 13. | Notice that attachment of earnings order has ceased to have effect. | 14. | Notice that defendant not employed by person. | 15. | Service of application under paragraph 31. |
| 16. | Practice and procedure of courts of summary jurisdiction. |
Part 4 – Other Means of Enforcing Decrees
| 17. | Other means of enforcing decrees. |
Part 5 – Execution of Warrants and Writs in other States or Federal Capital Territory
| 18. | Definitions. | 19. | Application of this part of warrants and writs. | 20. | Execution of warrants and writs in other States. |
| 21. | How person arrested in other State or the Federal Capital Territory dealt with. |
Part 6 – Registration of Decrees in other High Courts
| 22. | How property seized in another State or the Federal Territory dealt with. | 23. | Reference to decree. | 24. | Certificate of decree. |
| 25. | Certificate as to payments under maintenance order. | 26. | Registration of decree in another court. | 27. | Cost of proceedings to register decree. |
| 28. | Decree not to be enforced unless affidavit of liability filed. | 29. | Stay of proceedings. |
Part 7 – Registration of Maintenance Orders in Court of Summary jurisdiction
| 30. | Registration of maintenance orders in courts of summary jurisdiction. | 31. | How moneys paid into court to be dealt with. | 32. | Variation, discharge, &c., of order. |
| 33. | Cancellation of registration. | 34. | Notification of registration of maintenance order. |
Order XVIII – Proceedings Consequent on Decrees of Restitution of Conjugal Rights
| 1. | Definitions. | 2. | Service of copy of decree. | 3. | Notice of home to be given by husband. |
| 4. | Notice to be given by wife. | 5. | Cancellation and variation of notices. | 6. | Service of notice of home. |
| 7. | Conduct money. |
Order XIX – Registries
| 1. | Seal. | 2. | Sealing of documents and issued of office copies. | 3. | Date of filing. |
| 4. | Indexes to be kept. | 5. | Register of documents to be kept. | 6. | Record of court. |
| 7. | Searches. |
Order XX – Fees
| 1. | Fees. | 2. | Fees required to be paid. | 3. | Marking of fees. |
| 4. | Registrar to decide disputed fees. | 5. | Court may remit fees. |
Order XXI – Effect of Non-Compliance with These Rules or With an Order
| 1. | Application. | 2. | Non-compliance with rules not to render proceeding void. | 3. | Court or registrar may relieve from consequences of non-compliance. |
| 4. | Application to set aside for irregularity. |
Order XXII – Proceedings for Jactitation of Marriage, Declarations, &c.
Part 1 – Application
| 1. | Application of this Order. |
Part 2 – Petitions for jurisdiction of Marriage
| 2. | Form of petition. | 3. | Contents of petition. |
Part 3 – Petitions for Declarations, &c.
| 4. | Application. | 5. | Form of petition and parties to petition. | 6. | Contents of petition. |
| 7. | Application of Rules. |
Order XXIII – Miscellaneous
| 1. | Consent orders. | 2. | Application for order under section 120 of the Act may be made ex-parte. | 3. | Court or registrar may extend time. |
| 4. | Extension of time by consent. | 5. | Court of registrar may abridge times | 6. | Documents to be in writing. |
| 7. | Copies of affidavits on ex-parteapplications. | 8. | Change of Legal Practitioner. | 9. | Notice of appointment of legal practitioner. |
| 10. | Notice of intention to act in person. | 11. | Legal Practitioner to act for party | 12. | Solicitor not to act for adverse parties. |
| 13. | Disallowance of costs of improper vexatious or unnecessary matter in documents or proceedings. | 14. | Transfer of proceedings from one court to another. |
The Schedules
First Schedule
Form 1 – Notice of Address for Service
Form 2 – Notice of Change of Address for Service
Form 3 – Certificate Relating to Reconciliation
Form 3a – Certificate Relating to Reconciliation
Form 4 – Title of Proceedings
Form 5 – Application to Court or Registrar
Form 6 – Petition for Decree of Dissolution of Marriage, Nullity of Marriage or Judicial Separation
Form 7 – Petition for Decree of Restitution of Conjugal Rights
Form 8 – Notice of Petition
Form 8a – Notice of Petition
Form 9 – Notice of Proceedings
Form 10 – Notice of Proceedings
Form 11 – Acknowledgment of Service
Form 12 – Request for Service Abroad
Form 13 – Affidavit of Personal Service
Form 13a – Memorandum of Publication of Advertisement
Form 14 – Memorandum of Publication of Advertisement
Form 15 – Answer
Form 15a – Answer and Cross-Petition
Form 16 – Answer Under Protest
Form 17 – Reply
Form 18 – Reply Under Protest
Form 19 – Notice of Withdrawal of Pleadings
Form 20 – Supplementary Petition
Form 21 – Supplementary Answer
Form 22 – Election of Guardian Ad Litem of Infant
Form 23 – Consent to Act as Guardian Ad Litem
Form 24 – Request for Discovery
Form 25 – Affidavit of Discovery
Form 26 – Notice to Admit Documents
Form 27 – Notice to Admit Facts
Form 28 – Admission of Facts
Form 29 – Notice to Produce at Trial
Form 30 – Discretion Statement
Form 31 – Request to Set Undefended Suit Down for Trial
Form 32 – Request to Set Defended Suit Down for Trial
Form 33 – Notice of Trial
Form 34 – Registrar’s Certificate that Suit is Ready for Trial
Form 35 – Decree Nisi of Dissolution of Marriage
Form 36 – Decree of Nullify of Void Marriage
Form 37 – Decree Nisi of Nullity of Voidable Marriage
Form 38 – Decree of Judicial Separation
Form 39 – Decree of Restitution of Conjugal Rights
Form 40 – Memorandum of Decree Nisi having Become Absolute
From 41 – Certificate of Decree Nisi having Become Absolute
Form 42 – Notice of Intervention by Attorney-General
Form 43 – Notice of Intervention
Form 44 – Application for Ancillary Relief
Form 45 – Application for Maintenance Pending Suit
Form 46 – Notice of Hearing (Petitions)
Form 47 – Notice of Hearing (Answer)
Form 48 – Request to Assess Maintenance Pending Suit
Form 49 – Assessment of Maintenance Pending Suit
Form 50 – Request to Refer Maintenance Proceedings to the Court
Form 51 – Notice of Hearing of Maintenance Proceedings Referred to the Court
Form 52 – Application for Certificate of Means
Form 53 – Certificate of Means
Form 54 – Affidavit
Form 55 – Attachment of Earnings Order
Form 56 – Notice of Attachment of Earnings Order having ceased to have Effect
Form 57 – Notice of Employer that Person not in His Employ
Form 58 – Notation to be written on Certain Warrants and Writs
Form 59 – Certificate of Decree or Order
Form 59a – Certificate of Amounts Paid Under Order for Maintenance
Form 60 – Petition for Jactitation of Marriage
Form 61 – Petition for Declaration, E.t.c
Form 62 – Notice of Intention to give Notice to Court that Legal Practitioner has ceased to Represent Party
Form 63 – Notice that Legal Practitioner has ceased to Represent Party
Second Schedule – Court Fees
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