BAUCHI STATE HIGH COURT (CIVIL PROCEDURE) RULES, 1987

BAUCHI STATE HIGH COURT (CIVIL PROCEDURE) RULES

[AN EDICT TO ENACT RULES OF CIVIL PROCEDURE FOR THE STATE UNIFORMALLY APPLICABLE IN HIGH COURTS THROUGHOUT NIGERIA]

[COMMENCEMENT]                                                        [1 October 1987]

1.       This Edict may be cited as the Bauchi State High Court (Civil Procedure) Rules Edict.

2.       In this Edict, unless the context otherwise requires:-

“Governor” means the Governor of Bauchi State of Nigeria;

“Court” means the High Court of Justice. Bauchi State;

“Chief Judge” means the Chief Judge of Bauchi State;

“Judge” means Judge of the High Court of Justice of Bauchi State;

“State” means Bauchi State of Nigeria.

3. – (1) The provisions contained in the rules set out in the schedule to this Edict and hereinafter called “the Rules” shall be the provisions regulating practice and procedure in civil cases to be followed in the High Court of the State.

(2)     The said Rules may be cited as the “High Court (Civil Procedure) Rules 1987”.

4.       Where a matter arises in respect of which no provisions no adequate provisions are made in the rules, the Court shall adopt such procedure as will in its view do substantial justice between the parties concerned.

5.       The High Court (Civil) Procedure Rules 1977 and all other corresponding legislation or subsidiary legislation applicable in the State and affecting practice and procedure in the High Court are hereby repealed:

Provided that all acts done or proceedings taken or conducted pursuant to or in accordance with the said rules, legislations or subsidiary legislations before the commencement of this Edict shall be deemed to have been validly done, taken or conducted in accordance with the provisions of this Edict.

6.       The forms contained in the appendix to the Rules shall be used or adopted where applicable with such variations as the circumstances of the particular case may require.

THE SCHEDULE

THE HIGH COURT (CIVIL PROCEDURE) RULES, 1987

CONTENTS

Order 1 – Form and Commencement of Action

Order 2 – Effect of Non-compliance

Order 3 – Particulars of Claim

Order 4 – Causes of Action

Order 5 – Writ of Summons

Order 6 – Originating Summons

Order 7 – Petition: General Provisions

Order 8 – Interlocutory Applications

Order 9 – Affidavits

Order 10 – Place of Instituting and of Trial of Action

Order 11 – Parties

Order 12 – Service of Process

Order l3 – Appearance

Order l4 – Default of Appearance

Order 15 – Arrest of Absconding Defendant

Order 16 – Interim Attachment of Property

Order 17 – Accounts and Inquiries

Order I8 – Reference to Arbitrator

Order 19 – Reference to Referees

Order 20 – Receivers

Order 21 – Computation of Time

Order 22 – The Undefended List

Order 23 – Proceedings in Lieu of Demurrer

Order 24 – Pleadings

Order 25 – Amendment

Order 26 – Default of Pleadings

Order 27 – Interpleader

Order 28 – Withdrawal and Discontinuance

Order 29 – Admissions

Order 30 – Payment into and out of Court

Order 31 – Discovery and Inspection of Documents

Order 32 – Interlocutory Injunctions and interim Preservation of Property

Order 33 – Transfers and Consolidation

Order 34 – Settlement and Trial of Issues

Order 35 – Applications and Proceedings in Chambers

Order 36 – Trial Proceedings in General

Order 37- Originating Summons Proceedings

Order 38 – Procedure Relating to Evidence

Order 39 – Judgments and Orders

Order 40 – Habeas Corpus Proceedings

Order 41 – Committal for Contempt of Court

Order 42 – Application for Judicial Review

Order 43 – Appeals from Magistrates’s Courts, etc.

Order 44 – Appeals to the High Court from Decisions of Auditors

Order 45 – Stay of Execution Pending Appeal to the Court of Appeal

Order 46 – Miscellaneous Provisions

Order 47 – Sittings of the Court and Vacation.

Order 48 – Letters of Probate and Administration

Order 49 – Probate (Non-Contentious) Procedure

Order 50 – Proceedings Under the Legitimacy Law

Order 51 – Proceedings in Forma Pauperis

Order 52 – Costs

Order 53 – Fees and Allowances

SCHEDULE

ORDER 1 – FORM AND COMMENCEMENT OF ACTION

1.       Subject to the provisions of any Act, civil proceedings may be begun by writ, originating summons, originating motion or petition, as hereinafter provided.

2. – (1) Subject to any provision of an Act or of these rules by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceeding shall be begun by writ, that it to say proceedings:-

(a)     in which a claim is made by a plaintiff for any relief or remedy for any tort or other civil wrong;

(b)     n which a claim made by the plaintiff is based on an allegation of fraud;

(c)     in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a law or independently of any contract of any such provision) or where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property;

(d)     in which a claim is made by the plaintiff in respect of the infringement of a patent, trade mark, copyright, intellectual or any other proprietory interest of whatever kind;

(e)     in which a claim for a declaration is made by an interested person.

(2)     Proceedings may be begun by originating summons where:-

(a)     the sole or principal question at issue is, or is likely to be, one of the construction of a written law or of any instrument made under any written law, or of any deed, will, contract or other document or some other question of law; or

(b)     there is likely to be any substantial dispute of fact.

(3)     Proceedings may be commenced by originating motion or petition where by these rules or under any written law the proceedings in question are required or authorized to be so begun, but not otherwise.