MAGISTRATES’ COURTS (REGULATORY ENFORCEMENT PROCEDURE) RULES

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MAGISTRATES’ COURTS (REGULATORY ENFORCEMENT PROCEDURE) RULES, 2009

ARRANGEMENT OF ORDERS

ORDER 1 – Scope and Application of Rules

1.       Application

2.       Where no rules exist

ORDER 2

1.       Summary nature of proceedings

ORDER 3 – Rules for the recovery of rates etc.

1.       Recovery of rates etc.

2.       Defendant to show cause

3.       Payment of penalty

ORDER 4 – Rules for the enforcement of regulatory legislation

1.       Application for enforcement orders

2.       Grounds for making orders

3.       Payment of penalty

ORDER 5 – Enforcement Provisions

1.       Enforcement of Judgment

ORDER 6 – Garnishee Proceedings

1.       Attachment of debt due to judgment debtor

2.       Application for an Order

3.       Service and effect of order to show cause

4.       Non-appearance or dispute of liability by garnishee

5.       Dispute of liability of garnishee

6.       Claims of third person.

7.       Discharge of garnishee

ORDER 7 – Interim Attachment of Property

1.       Application for Interim Attachment of Property

2.       Form of Application

3.       Order of Attachment

ORDER 8 – Interpretation and Citation

1.       Interpretation

2.       Citation and Commencement

MAGISTRATES’ COURTS (REGULATORY ENFORCEMENT PROCEDURE) RULES 2009

ORDER 1 – Scope and Application of Rules

1.       Application of Rules

These Rules shall apply to all proceedings under any law for the recovery of rates, penalty, charges, taxes, expenses, cost of enforcement of statutory provisions, contribution or other like demand and for proceedings for the due enforcement of regulatory provisions contained in any Law pursuant to Section 25(2) & (3) of the Magistrates’ Court Law of Lagos State.

2.       Where no Rules exist

Where a matter arises in respect of which inadequate provisions have been made in these Rules, the Court shall adopt the provisions of the Magistrates’ Court Rules or in the absence of any applicable procedure under the Magistrates’ Court Rules, the Court shall adopt such procedure as it deems fit to do substantial justice between the parties concerned.

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