CENTER FOR LAWS OF NIGERIA: RULES OF COURTS
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RULES OF COURTS OF NIGERIA
FEDERAL HIGH COURT (CIVIL AVIATION) RULES
ARRANGEMENT OF RULES
PART A – CITATION, SAVINGS, E.T.C
ORDER 1 – CITATION, SAVINGS, ETC
1. Citation and commencement.
2. Application of Rules.
3. Savings; Part-heard matters.
4. Interpretation.
PART B- CIVIL AVIATION
1. Action in rem.
2. Other actions
PLACE OF INSTITUTING AND TRIAL OF SUITS
Suits commenced in wrong Judicial Division.
ORDER 3 – FORM AND COMMENCEMENT OF ACTIONS
1. Commencement of Actions.
2. Civil Aviation Marshal to issue writ of summons.
3. Actions in rem.
4. Actions in personam.
5. Additional witness.
6. Form of writ of summons for service out of jurisdiction.
7. Form of originating summons.
8. Headings.
9. (1) Originating process to be tested by its date.
(2) Sealing of originating process.
10. Loss of originating process
11. Concurrent originating process
12. Concurrent originating process for service within and out of jurisdiction
13. Filing of documents
ORDER 4 – PRELIMINARY ACT
1. Filing of Preliminary Act
2. Content of Preliminary Act
3. Form of Preliminary Act
4. Time for filing Preliminary Act
5. Preliminary Act to be sealed
6. Default in filing
7. Opening of Preliminary Act
8. Endorsement of Preliminary Act
9. Preliminary Act deemed part of statement of claim or defence
ORDER 5 – PARTIES
PARTIES IN ACTION IN REM
1. Actions in rem
2. Nature of specification
3. Actins against aircraft or other
4. Sister aircraft
5. Amendment
ORDER 6 – SERVICE OF PROCESS
A – ACTION IN REM
1. Service on aircraft or other property on an aircraft
2. Service on property not on aircraft
3. Service where access is impossible
4. Nigerian Civil Aviation Authority etc. to be notified
5. Service of writs on proceeds
6. Service of writ on Freight
7. Service of writ on Funds
8. Service of writ on Caveator
9. Service by Civil Aviation Marshal
10. No submitted service
11. Service on any day
12. Service of amended process
13. Acceptance of service by solicitor
14. Service in certain circumstances
15. Where violence threatened
B – SERVICE OUT OF JURISD1CT1ION
16. Service by Courier
17. Mode of service to be prescribed and order thereon
18. Expenses of Service
19. Recording of Service
ORDER 7 – ARREST OF AIRCRAFT, ASSET AND OTHER PROPERTY
1. Application.
2. Issuance of warrant of arrest
3. Period of validity
4. Execution of warrant of Arrest
5. Duration of Arrest
6. Verification of Service
ORDER 8 – CAVEATS
1. Caveat against arrest
2. Civil Aviation Marshal to be satisfied
3. Undertaking by caveators
4. Caveator to give bail
5. Caveats may be set aside
6. Caveats against release
7. Payment of damages for insufficient reason
8. (1) Expiration of caveat
(2) Filing of new caveat
9. Withdrawal of caveat
10. Registers
ORDER 9 – CUSTODY AND SALE OF AIRCRAFT AND OTHER PROPERTY UNDER ARREST
1. Liability for Aviation Marshal’s Expenses
2. Funds to be deposited with Aviation Marshal
3. Custody of arrested aircraft, asset and other property
4. Applications concerning arrested aircraft, asset or property
5. Discharge of aircraft, asset or cargo not under arrest
6. Preservation, management and power of sale
ORDER 10 – RELEASE FROM ARREST
1. Release generally
2. Release by Consent
3. Release where proceedings ended
4. Release at request of interested person
5. Release where security is in force
6. Release where caveat against release is in force
ORDER 11 – PREPARATION FOR NEEDLESS ARREST
1. Cases in which compensation may be awarded
2. No action for damages where compensation awarded
3. Application for damages for wrongful arrest may be taken summarily
ORDER 12 – PAYMENT OF BAIL
1. Payment into Court and obligations of the Aviation Marshal
2. Aviation Marshal to file evidence of deposit
3. Court may vary bail
ORDER 13 – SECURITY FOR COSTS
A – ACTIONS IN REM
1. Court may order security for costs
2. Form of security
3. Quantum of security
4. Time within which Security to be furnished
5. Security to be withdrawn upon conclusion of Action
6. Security for costs in wages and collision matters
7. Stay pending security in collision proceeding
b – actions in personam
8. Security for cost by the plaintiff or defendant
9. Principle to be observed in fixing costs
10. Security for costs
11. Security for costs by plaintiff temporarily resident within jurisdiction
12. Action founded on judgment or bill of exchange
13. Bond as security for costs
C – COSTS GENERALLY
14. Cost at discretion of court
15. Costs out of fund or property
16. Stay of proceedings until costs paid
17. Stage of proceedings at which costs to be dealt with
18. Costs to follow the event
19. Matters to be taken into account in exercising discretion
20 Costs arising from misconduct or neglect
21. Personal Liability of Legal Practitioner for costs
ORDER 14 – LIMITATION PROCEEDINGS
1. Limitation proceedings
2. Service on at least one respondent
3. Advertisement of Determination
4. Effect of Determination
5. Proceedings to set aside Determination
6. Court to give direction
ORDER 15 – VALUATION AND SALE
1. Order for valuation and sale
2. Sale
3. Return of sale
4. Aviation Marshal’s expenses
ORDER 16 – PRIORITIES
1. Application to determine priorities
2. Aviation Marshal’s Expenses
ORDER 17 – INTERVENERS
1. Interveners in an action in rem.
ORDER 18 – PRESERVATION OF AIRCRAFT, ASSET OR OTHER PROPERTY
1. Preservation of aircraft, asset or other property under arrest
2. Undertaking to pay Aviation Marshal’s Expenses
3. Duties of Aviation Marshal in relation to lease
4. Expenses of Aviation Marshal
5. Custody of aircraft, asset or other property
ORDER 19 – MISCELLANEOUS PROVISIONS
1. Orders to be made
2. Recovery of penalties and costs
3. Notices
4. Filing
5. Fees: Appendix 2 of Federal High Court (Civil Procedure) Rules
6. Committal of solicitor failing to comply with undertaking
7. Effect of non-compliance
8. Applications to set aside for irregularity
9. Where no rules or provision exist
ORDER 20 – GENERAL POWERS OF THE COURT
1. Court may give directions, abridge or extend time
2. Court may issue directions
3. Review of Aviation Marshal’s actions
ORDER 21 – POWERS OF THE CHIEF JUDGE TO AMEND RULES AND ISSUE PRACTICE DIRECTIONS
1. Powers of Chief Judge over these Rules
2. Publication of new supplemental provisions
ORDER 22 – ESTABLISHMENT OF CIVIL AVIATION REGISTRY
1. Chief Judge to establish Civil Aviation Registry
2. Further Rules
3. Location of Civil Aviation Registry
In exercise of the powers conferred on me by Section 254 of the Constitution of the Federal Republic of Nigeria 1999, S.44 of the Federal High Court Act Cap. 134 and of all other powers enabling me in that behalf, I IBRAHIM NDAHI AUTA (OFR), Chief Judge, Federal High Court, hereby make the following Rules: