PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
LAWS OF NIGERIA/LAGOS STATE ALSO AVAILABLE AS GROUPS OR COMPENDIUM. EMAIL: lawnigeria@gmail.com or info@lawnigeria.com or Text/WhatsApp +23407067102097
LIST OF LAWS OF LAGOS, [ALPHABETICAL]
THE MAGISTRATES’ COURTS (CIVIL PROCEDURE) RULES, 2009
ARRANGEMENT OF RULES
ORDER 1 – Commencement of Proceedings
1. Action that may be commenced in Lagos State.
2. Originating application that may be commenced in Lagos State.
3. Instances where Court may appoint a guardian.
4. Civil proceedings to be commenced by claim.
5. Where claim discloses no cause of action.
6. Entry of claims.
7. Causes of action may be joined.
8. Originating applications.
ORDER 2 – Ordinary summons, particulars, defence, counterclaims and admission
1. Summons to issue.
2. Court to fix time for appearance of defendant.
3. Service to be effected within time.
4. Further particulars.
5. Counter claims or special defence.
6. Counterclaim against person other than claimant.
7. Admission and request for time.
8. Tender.
ORDER 3
Summary summons
1. Application or issue of summary summons.
2. Issue of summary summons.
3. Defence, request for time.
4. Judgment in summary summons.
5. Defence or counterclaim.
6. Admission.
7. Power to let defendant in to defend.
8. Striking out after three (3) months.
9. Exchange of summary for ordinary summons.
10. Provisions common to ordinary and summary actions.
ORDER 4
Part 1 – Parties
General
1. Joinder of claimants.
2. Joinder of defendants.
3. Contribution.
4. Where claimant does not sue all persons jointly liable.
5. Partners
6. Representative proceedings.
7. Representative capacity to be stated.
8. Misjoinder and nonjoinder.
Part 2 – Persons under disability
9. Suits by infants and persons of unsound mind.
10. Appointment of guardian by the Court.
11. Appointment of guardian in course of proceeding.
12. Entry of appointment.
13. Guardian may have recourse to assets or property of an infant defendant or persons of unsound mind.
14. Action by infant for wages.
15. Compromise or payment out in case of infants.
16. Consents for persons under disability.
Part 3 – Change of parties
17. When proceeding not to abate.
18. Change of a party’s title or interest.
19. Where persons entitled to proceed on death of party fails to do so.
20. Alteration of records on change of parties.
21. Claim to money in Court where change in parties after judgement.
ORDER 5 – Service
1. Normal mode of service.
2. Substituted service.
3. Service outside jurisdiction.
4. Mode of service.
5. Record and evidence of service.
6. Who may effect service.
7. Proof of service.
8. Legal practitioner accepting service.
9. Time for service.
10. How personal service may be effected.
11. Mode of service other than personal service by Court appointed bailiff.
ORDER 6 -Assignment, Transfer and case stated
1. Assignment of cases.
2. Application for transfer under Section 44.
3. Statement of case to be sent to Chief Registrar of High Court.
ORDER 7 – Third party procedure
1. Third party notice.
2. Default by third party.
3. At the trial.
4. Fourth and subsequent parties.
5. Co-defendants.
6. Counterclaim.
ORDER 8 – Amendment
1. Generally.
2. Service on added defendant.
3. When amendment may be made.
4. Abandonment of part of claim.
5. Change of defendant.
6. Effect of misnomer.
7. Clerical mistakes and slips.
8. Amendment on terms.
ORDER 9 – Application and directions in the course of proceedings
1. General procedure.
2. Power to impose terms.
3. Directions
4. Adjournment.
5. Abridgement of time.
6. Application for interim injunction.
7. Interlocutory injunction on terms.
8. Application in chambers.
9. Notice.
10. Where order is made ex parte
11. Discharge or variation of ex parte order.
12. Recovery of goods where lien claimed.
13. Preservation of subject matter.
14. Order for detention.
15. Order for sale of perishables.
ORDER 10 – Consolidation of proceedings and selected actions
1. Generally.
2. Selected action where several claimants.
3. Where judgment in favour of defendant in selected action.
4. Where judgment against defendant in selected action.
5. Selected action in cases of several defendants.
ORDER 11 – Discontinuance by claimant
1. Notice
2. Costs.
ORDER 12 – Special witness
1. Appointment of special witness.
2. Evidence of special witness.
3. Remuneration of special witness.
ORDER 13 – Payment into Court in action
1. Payment of claim and costs within six (6) days of service.
2. Liability admitted unless denied.
3. When payment deemed to be on account.
4. Several causes of action.
5. Tender.
6. Defendant sued jointly or in alternative.
7. Notice of payment into Court.
8. Where whole claim is paid after seven (7) days or without costs.
9. Where money paid into Court is accepted.
10. Defendant’s costs.
11. Counterclaim.
12. Payments into Court not to be communicated to Magistrate.
13. Paying out.
ORDER 14 – Evidence and witnesses
1. Admission by any party.
2. Evidence to be taken orally.
3. Power to order proof by affidavit.
4. Use of affidavit without order.
5. Service of summons to witnesses.
6. Witnesses in general to be out of hearing.
7. Forfeiture for disobeying witness summons.
8. Evidence of witness about to leave Lagos.
9. Prisoners as witnesses.
10. Use of evidence taken at trial.
11. Practice as to taking evidence.
ORDER 15 – Affidavit and documentary evidence
1. Contents of affidavits.
2. Cross-examination of deponent.
3. Documents admitted in evidence.
4. Documents not admitted in evidence.
ORDER 16 – Mediation and conciliation
1. Order to attend mediation.
2. Duration of mediation proceeding.
3. Time within which to take any step.
4. Cost of mediation.
5. Report.
ORDER 17 – Trial
1. Setting down for trial.
2. Trial in open Court.
3. Where claimant does not appear.
4. Where claim is not proved.
5. Judgment where defendant does not appear.
6. Defendant appearing and admitting claim.
7. If proceedings discontinued, counterclaim may proceed.
8. Non-appearance on counterclaim.
9. Exclusion of counterclaim.
10. Judgment where counterclaim is established.
11. Misjoinder of claimant not to defeat counterclaim.
12. Injunctions.
13. Inspection by Magistrate.
14. Evidence and the records of proceedings.
15. Procedure when both parties appear.
16. Evidence may be given of any claim which is not in summons.
17. Order of proceedings at trial of an action.
18. Examination of witnesses.
ORDER 18 – Oral Address
1. Court may order oral address.
ORDER 19 – Judgments and orders
1. Giving and entering judgment.
2. Orders of Court.
3. Service of judgment and orders.
4. Judgment to state time for doing an act ordered.
5. Judgment in action for recovery of chattel.
6. Orders to be made.
7. Decree to be obeyed without demand.
8. Payment and suspension of judgment and orders.
9. Execution and power to stay execution.
10. Judgment how far final.
11. Where money to be paid to a party.
12. Time for payment of a judgment debt or costs
13. Payment in reduction of amount due under judgment.
14. Notice of payment into Court.
15. Where duty is payable.
16. Orders enforceable by committal.
ORDER 20
Fees
Fees.
ORDER 21 – Costs
1. Costs.
2. Letter of demand.
3. Counsel cost
4. Consideration for award of costs.
5. Enforcement.
6. Stay of proceedings where order for costs is not complied with.
7. Security for costs.
8. Mode of giving security.
ORDER 22 – Receivers
1. Appointment.
2. Receiver to give security.
3. Remuneration.
4. Accounts
5. Passing account.
6. Registrars certificates.
7. Review by Magistrate.
8. Payment of balance into Court.
9. Payment direct to parties entitled.
10. Default by receiver.
ORDER 23 – Miscellaneous
1. Effect of non compliance.
2. Notices.
3. Computation of time.
4. Legal practitioner acting for party.
5. Officer not to sign letter on behalf of party or become surety in any civil proceedings
6. Payment of Court fees.
7. Expense of advertisement.
8. Security.
9. Deposit.
10. Bond.
11. Duplicates.
12. Copies.
13. Impounding documents.
14. Filing.
15. Interpreters.
16. Custody of records.
ORDER 24 – Custody of money
1. Court administrator to take charge of fees and other payments.
2. Court administrator to account to Accountant-General.
3. Audit account.
4. Court administrator to enter all monies in cash book.
5. Court administrator to comply with financial instructions.
6. Interpretation.
7. Citation
THE MAGISTRATES’ COURTS (CIVIL PROCEDURE) RULES
Commencement of Proceedings
ORDER 1 – Action that may be commenced in Lagos State.
1. (1) Except where any Law or Rule is otherwise provided, an action may be commenced by claim in a Magistrates’ Courts – if
(a) the defendant or one of the defendants resides or carries on business in Lagos; or
(b) the cause of action arose wholly or in part in Lagos.
(2) Where the claimant sues as assignee of a debt or other thing in action, the action may be commenced in Lagos if the assignor might have commenced it in Lagos but for the assignment.
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LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS Constitution Federal Laws