HIGH COURT OF BORNO STATE (CIVIL PROCEDURE) RULES, 2006

BORNO STATE HIGH COURT (CIVIL PROCEDURE RULES), 2006

A [LAW] TO ESTABLISH THE HIGH COURT OF BORNO STATE (CIVIL PROCEDURE) RULES AND FOR CONNECTED PURPOSES

BE IT ENACTED BY THE BORNO STATE HOUSE OF ASSEMBLY AS FOLLOWS:

Date of Commencement.

1. (1)          The Rules may be cited as the High Court of Borno State (Civil Procedure) Rules, 2006 and shall come into force on…………………………….day of ……………………………….., 2006.

(2)     The provisions contained in the Rules set out in the Schedule to this Bill (hereafter referred to as “the Rules”) shall be the Rules of (Civil Procedure) to be followed in the High Court of Borno State.

2.       Where a matter arises in respect of which 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.

3. (1)          Any reference in this Bill to anything done under this Bill includes a reference to the thing done before the commencement of this Bill.

(2)     Except where the context otherwise requires, any reference to this Bill to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

4.       In the rules unless the context otherwise requires:

“Court” means the High Court of Borno State of Nigeria;

“Government” means the Governor of Borno State; and

“State” means the Borno State of Nigeria.

5.       The High Court of Borno State (Civil Procedure) Law, 2004 is hereby repealed. This Law may be cited as the High Court of Borno State (Civil Procedure) Law, 2006 and shall come into force on………………….day of……………………………..

SCHEDULE

HIGH COURT OF BORNO STATE (CIVIL PROCEDURE) RULES 2006.

TABLE OF CONTENT

ORDER 1.- CITATION AND COMMENCEMENT.

1. Application

2. Interpretation of terms

ORDER 2.- PLACE OF INSTITUTING AND TRIALS OF SUITS

1. Suits relating to Land and Property distrained or seized

2. Suits for recovery of penalties, forfeiture

3. Suits upon contract

4. Other suits

5. Suits commenced in wrong judicial division

6. Transfer of proceedings

ORDER 3.- FORM AND COMMENCEMENT OF ACTION

1. Proceeding which must be begun by writs

2. Mode of beginning civil proceedings

3. Form of Writ, Civil Form 1

4. Form of Writ for Service out of Nigeria, Civil Form 2

5. Proceedings which may be begun by originating Summons

6. Construction of enactment

7. Discretion of the Judge

8. Forms of originating summons

9. Service outside Borno State

10. Originating process to be tested by its dates

ORDER 4.- INDORSEMENT OF CLAIM AND OF ADDRESS

1. Indorsement

2. Indorsement to show representative capacity

3. Probate actions

4. What is indorsed where the claim is liquidated

5. Ordinary account

6. Indorsement of address by claimant or by legal practitioner

7. Indorsement of address

8. Originating process without an address or with fictitious address

ORDER 5.- EFFECT OF NON COMPLIANCE

1. Non- compliance with rules.

2. Application to set aside for irregularity

ORDER 6.- ISSUE OF ORIGINATING PROCESS

1. Preparing Originating Process

2. Sealing of Originating Process

3. What is to be done after sealing

4. Copies to be served

5. Probate action: affidavit with originating process.

6. Renewal of Originating process: Civil Form6

7. Indorsement of Renewal

8. Loss of Originating process

9. Concurrent originating process

10. Concurrent originating process for service within and out of jurisdiction

ORDER 7.- SERVICE OF ORIGINATING PROCESS

1. By whom services is to be effected

2. Service of originating process, etc: how effected.

3. When originating process need not be served personally.

4. Mode of service when not personal.

5. Substituted service.

6. Persons under Legal Disability

7. Prisoner of Detainee

8. Partners.

9. Corporation or company

10. Foreign corporation or company Cap. 59 I FR 1990

11. Local agent of principal who is out of jurisdiction.

12. Where violence threatened.

13. Proof of service

14. Expenses of service

15. Time of service on certain days

16. Recording of services.

ORDER 8.- SERVICE OUT OF NIGERIA AND SERVICE OF FOREIGN PROCESS

1. Cases where service of originating process, etc are allowed out of Nigeria

2. Agreement as to service

3. Service abroad by letter of request.

4. Where leave is granted or not required

5. Service of Foreign Processes

6. Inapplicability of Rule 4.

7. Service on behalf of foreign tribunals

8. Substituted service of foreign process

ORDER 9.- APPEARANCES

1. Mode of entry of appearances

2. Defendant appearing in prison or represented by legal practitioner

3. Fictitious address.

4. Defendants appearing through same legal practitioner.

5. Late appearance.

6. Intervener in probate matters.

7. Recovery of Land.

8. Landlord appearing.

9. Person under legal disability appearing

10. Tenant.

ORDER 10.- DEFAULT OF APPEARANCE

1. Default of appearance by person under legal disability.

2. Default of appearance generally.

3. Liquidated demand.

4. Liquidated demand: several defendants.

5. Detention of goods.

6. Several defendants.

7. Detention of goods, damages and liquidated demand.

8. Recovery of land.

9. Mesne profits.

10. Judgment of costs: upon payment satisfaction, etc.

11. Setting aside judgment.

12. Default of appearance in actions not otherwise specifically provided for

13. Compulsory service.

ORDER 11.- SUMMARY JUDGMENT

1. Where claimant believes there is no defence.

2. Delivery of extra copies.

3. Service.

4. Where complainant intends to defend.

5. Where defendant had good defence, or has no good defence or has good defence to part of the claim.

6. Where there are several defendants.

7. Oral submission on written brief.

ORDER 12.- APPLICATION FOR ACCOUNT

1. Order of account.

2. Application how made

3. Account may be taken by a Judge or Referee

ORDER 13.- PARTIES GENERALLY

1. Person claiming jointly or severally.

2. Action in name of wrong claimant.

3. Misjoinder and counter-claim.

4. Any person may be joined as defendant.

5. Action in name of wrong defendant.

6. Defendant need not be interested in all the reliefs sought.

7. Joinder or persons severally or liable.

8. Claimant in doubt as to persons from whom redress is to be sought.

9. Persons under legal disability.

10. Guardian.

11. Trustee, executors, etc, may be sued as representing the estate.

12. Numerous persons.

13. Representation of persons or class of persons in certain proceedings.

14. Power to approve compromise.

15. Where there is no personal representative.

16. Proceedings not defeated by misjoinder or nonjoinder.

17. Application to add or strike out.

18. Where defendant is added.

19. Third parties may be joined by any of the parties.

20. Appearance by Third Party.

21. Default by Third Party.

22. Subsequent Third Party.

23. Claim against co-defendant.

II ACTIONS AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

24. Actions by and against firms.

25. Disclosure of partners’ names.

26. Appearance of partner.

27. Application of rules to action between co-partners.

28. Person trading as firms.

III CHANGE OF PARTIES BY DEATH OR OTHERWISE, ETC.

29. Action not abated where cause of action survives.

30. Order to carry on proceedings.

31. In case of assignment, creation or devolution of estate or title.

32. Application to discharge order by person under disability having a guardian

33. By persons under disability having no guardian.

IV. LEGAL PRACTITIONER OR AGENTS

34. Acts may be done by legal practitioner or agents.

ORDER 14.- JOINDER OF CAUSES OF ACTION

1. All cases of actions may be joined.

2. Recovery of Land.

3. Executor and administrator.

4. Claims by joint claimants.

ORDER 15.- PLEADINGS

1. Filing of Pleadings. 40

2. Pleadings to state material facts and not evidence

3. Particulars to be given where necessary.

4. Further and better statement or particulars.

5. Denial

6. Conditions precedent.

7. Defence, reply, certain facts to be specifically pleaded.

8. Pleadings to be consistent.

9. Joinder of issue.

10. Effect of documents to be stated.

11. Notice.

12. Implied contract or relation.

13. Presumptions of Law

14. Stated or settled account

15. Technical objection.

16. Striking out of pleadings.

17. Defamation.

18. Where pleading discloses no reasonable cause of action.

19. Close of pleadings.

ORDER 16.- STATEMENT OF CLAIM

1. Statement of claim.

2. Claim beyond indorsement.

ORDER 17.-DEFENCE AND COUNTER CLAIM

1. Statement of defence.

2. Evasive denial.

3. Denials generally.

4. Persons in representative capacity.

5. Pleadings to damages.

6. Set-off and counter-claim.

7. Title of counter-claim.

8. Claims against persons not parties.

9. Appearance by added parties.

10. Reply to counter-claim.

11. Discontinuance of the claimant’s claim.

12. Judgment for balance.

13. Grounds of defence after action brought.

14. Further defence or reply.

15. Concession to defence.

16. Defence to originating summons.

ORDER 18.- REPLY

1. Filing of reply.

2. Reply to counter-claim.

ORDER 19.- ADMISSIONS

1. Notice of admission of facts.

2. Notice to admit documents.

3. Notice to admit.

4. Judgment or Order upon admission of fact.

5. Cost of notice where documents unnecessary.

ORDER 20.- DEFAULT OF PLEADING

1. Claim for debt or liquidated demand.

2. Several defendants: default of one.

3. Damages of one or more defendants.

4. Default of one or more defendants.

5. Debt or damages and detention of goods or damages.

6. Recovery of land.

7. Claim for Mesne Profits arrears or damages.

8. Where a defence is filed to part of claim only.

9. Defendant in default.

10. One of several defendants in default.

11. Default of third party.

12. Setting aside judgment by default.

ORDER 21.- PAYMENT INTO AND OUT OF COURT

1. Payment into and out of court.

2. Claimant may take out money.

3. Money remaining in court.

4. Several defendants.

5. Counter-claim.

6. Persons under legal disability.

7. Payment into and withdrawal of money from Court. 58

ORDER 22.- PROCEEDING IN LIEU OF DEMURER

1. Demurer abolished.

2. Points of law may be raised by pleading.

ORDER 23.- DISCONTINUANCE

1. Claimant may discontinue before defence.

2. Withdrawal by consent.

ORDER 24.- AMENDMENT

1. Amendment of originating process and pleadings.

2. Application.

3. Amendment of originating process.

4. Failure to amend after order.

5. Filing and service of amended process.

6. Date of order and amendment to be displayed.

7. Clerical mistakes and accidental omissions.

8. General power to amend.

ORDER 25.- PRE-TRIAL CONFERENCE AND SCHEDULING

1. Pre-Trial conference notice.

2. Scheduling and planning.

3. Agenda.

4. Time-Table.

5. Report.

6. Sanctions.

7. Management.

ORDER 26.- DISCOVERY AND INSPECTION

1. Discovery by interrogatories.

2. Civil Form 19.

3. Corporation or Company.

4. Objection to interrogatories.

5. Affidavit in answer; filing of.

6. Forms of affidavit in answer; Civil Form 20.

7. Order to answer or answer further.

8. Application for discovery of documents.

9. Processes filed after pre-trial conference.

10. Verification of business.

11. Attachment of party after service on legal practitioner.

12. Attachment of legal practitioner.

13. Using answers to interrogatories at trial.

14. Discovery against sheriff.

15. Order to apply to person under legal disability.

ORDER 27.- ISSUES, INQUIRIES, ACCOUNTD AND REFERENCES TO REFEREES

1. Issues of facts.

2. Reference to referee.

3. Instructions to referee.

4. General powers of referee.

5. Evidence.

6. Reports made in pursuance of reference.

7. Special directions as to mode of taking accounts.

8. Accounts to be verified by affidavits, numbered and left in registry

9. Mode o vouching accounts.

10. Surcharge.

11. Accounts and Inquiries to be unnumbered; Civil Form 22.

12. Just allowances.

13. Expediting proceedings in case of undue delay.

ORDER 28.- SPECIAL CASE

1. Special case by consent.

2. Special case by order before trial.

3. Special case to be signed.

4. Application to set down where a person under legal disability is a party.

5. Agreement as to payment of money and cost.

6. Application of order.

ORDER 29.- CAUSE LISTS

1. List of causes for hearing.

2. Pre-Trial and weekly cause list.

3. Public Holidays.

4. Judge unable to sit.

5. Notice boards.

ORDER 30.- PROCEEDING AT TRIAL

1. Non-appearance of both parties.

2. Default of appearance by defendant at trial.

3. Default of appearance by claimant.

4. Judgment by default may ser aside on terms.

5. Adjournment of trial.

6. Times of commencement and termination of trial.

7. Order of proceeding.

8. Burden of proof by party to begin.

9. Documentary evidence.

10. Additional witness.

11. Close of cause of parties.

12. Exhibits during trial.

13. Written address by party beginning.

14. Written address by the other party.

15. Written address of party beginning.

16. Right of reply.

17. Custody of exhibit after trial.

18. Office copy of list of exhibits.

19. Indolent prosecution.

ORDER 31.- FILING OF WRITTEN ADDRESS

1. Application.

2. Content of written address.

3. Summation of address.

4. Oral argument.

5. Copies of written address.

ORDER 32.- EVIDENCE GENERALLY

1. Facts how proved.

2. Particular fact.

3. Limitation of medical and expert evidence.

4. Limitation on use of documentary evidence.

5. Revocation and variation.

6. Office copies admission to evidence.

7. Examination of witness abroad.

8. Form of order for examination of witnesses abroad.

9 Order for attendance of person to produce document.

10. Disobedience to order for attendance.

11. Expenses of persons ordered to attend.

12. Contempt of court.

13. Examination of witnesses.

14. Deposition not to be given in evidence without consent or by leave of a judge.

15. Oaths.

16. Attendance of witness under subpoena for examination or to produce documents.

17. Practice as to taking evidence at any stage of cause or matter.

18. Special directions as to taking evidence.

19. Evidence n proceedings subsequent to trial.

20. Form of praecipe for a subpoena.

21. Form of subpoena.

22. Subpoena for attendance of witness in chambers.

23. Correction of errors in subpoena.

24. Personal service of subpoena.

25. Duration of subpoena.

26. Action to perpetuate testimony.

27. Examination of witness to perpetuate testimony.

28. Such action not to be set down for trial.

ORDER 33.- AFFIDAVITS

1. Evidence on motions, etc.

2. Title of affidavit.

3. Use of defective affidavit.

4. Special time for filing affidavits

5. Affidavits in support of ex-parte applications.

6. Notice of intention to use affidavits.

7. Alterations in accounts to be initialed.

8. Exhibits.

9. Certificate of exhibit.

10. Application of Evidence Act, L.F.N. Cap. 112

ORDER 34.- NON-SUIT

1. Power of court to non-suit.

2. Non-suit where no leave reserved

ORDER 35.- JUDGMENT, ENTRY OF JUDGEMENT

1. Delivery of judgment at or after trial.

2. Date of judgment pronounced in court.

3. Date of judgment directed to be entered

4. Judge may direct time for payment or performance and interest

5. Time to be stated for doing any act: Memorandum to be indorsed

6. Judgment by consent where defendant appears by a legal practitioner

7. Judgment by consent where defendant has no legal practitioner

ORDER 36.- DRAWING UP OF ORDERS

1. Date of order, when drawn.

2. What orders need not be drawn up.

3. Form of order.

ORDER 37.- TRANSFER AND CONSOLIDATION

I. TRANSFERS.

1. Order transferring proceedings to High Court Cap. 63 S. 72 LBOS,1994 Borno State, 1994

2. Payment of filling fees.

3. Duties of registrars.

4. Directions.

5. Party failing to attend.

6. Construction.

II. CONSOLIDATION.

7. Consolidation of actions.

ORDER 38.- INTERLOCUTORY ORDERS, ETC.

1. Presentation or interim custody of subject matter of disputed contract.

2. Early trial of cause.

3. Order for sale of perishable goods, etc.

4. Detention, preservation or inspection of property; the subject of an action.

5. Sale of property in possession of Court of appeal.

6. Order for recovery of specific property other than land subject to lien, etc.

7. Allowance of income of property pendent elite.

8. Injunction against repletion of wrongful act for breach.

9. Appointment of a receiver by way of equitable execution.

10. Receivers: Security and remuneration.

11. Where receiver appointed in Court: adjournment to give security.

12. Fixing days for receivers to leave and pass their accounts and pay in balances and neglect of receiver.

13. Form of receivers’ accounts.

14. Leaving account in Registry.

15. Consequences of default by receiver.

16. Passing of guardians’ account.

ORDER 39.- MOTIONS AND OTHER APPLICATIONS

1. Application by motion.

2. Restriction on rule nisi and order to show cause.

3. When notice of motion should be given.

4. Motion on arbitral award.

5. Special leave.

6. Motions may be dismissed or adjourned where necessary notice not given.

7. Adjournment of hearing.

8. Service of motion with writ.

9. Account by legal practitioner.

10. Interim certificate.

ORDER 40.- APPLICATION FOR JUDICIAL REVIEW

1. Cases appropriate for application for judicial review.

2. Joinder of claims for relief.

3. Grant of leave to apply for judicial review.

4. Time within which to bring application.

5. Mode of applying for judicial review.

6. Statements and affidavits.

7. Claims for damages.

8. Interlocutory application.

9. Hearing of application for judicial review.

10. Person acting in obedience to an order to mandamus.

11. Consolidation of application.

ORDER 41.- JURISDICTION OF CHIEF REGISTRAR

1. Chief Registrar.

2. Business to be transacted by Chief Registrar.

3. Chief Registrar may refer matters to the Chief Judge.

4. Appeal from order of Chief Judge

5. Chief Registrar’s list.

6. Legal practitioner may represent party.

ORDER II – CHIEF REGISTRAR’S CERTIFICATE

7. Certificate

8. Reference to judgment etc.

9. Form of certificate: contents of certificate in cases of accounts and transcripts.

10. When certificates becomes binding.

11. Bill of cases.

12. Discharge of variation of certificate after lapse of anything

ORDER 42.- HABEAS CORPUS, ATTACHMENT FOR CONTEMPT

I – HABEAS CORPUS

1. Application how made.

2. Affidavit to accompany ex parte application.

3. Power to issue order to release immediately.

4. Service of notice.

5. Copies of affidavits.

6. Service of order to release.

7. Statement and verifying affidavit.

8. Procedure at hearing.

II – ATTACHMENT FOR CONTEMPT

9. Procedure for attachment.

10. Procedure on disobedience of order of court.

11. Response.

12. Return.

ORDER 43.- INTERPLEADER

1. When relief by interpleader is granted.

2. Matter to be proved by application.

3. Adverse titles of claimants.

4. When application to be made by a defendant.

5. Summons by applicant.

6. Stay of action.

7. Order upon summons.

8. Questions of law.

9. Failure of claimant to appear, or neglect to obey summons.

10. Costs, etc.

ORDER 44.- COMPUTATION OF TIME

1. Rules of computation of time.

2. Holiday.

3. Time of service.

4. Court may extend time.

ORDER 45.- MISCELLANEOUS PROVISIONS

I – COURT SITTING AND VACATION

1. Days of sitting.

2. Public or Private Sittings of long vacation.

3. Office hours.

4. Days of sitting and long vacation.

5. Vacation.

6. Vacation not reckoned in time for pleadings.

II – GENERAL

7 Recovery of penalties and costs.

8 Notices.

9 Filling.

10 How process addressed.

11 No fees where proceedings by Government Department.

12 Regulations.

13 Savings.

ORDER 46.- ARREST OF ABSCONDING DEFENDANT.

1. Application.

2. Defendant leaving Nigeria.

3. Warrant to arrest.

4. Bail for appearance or satisfaction.

5. Deposit in lien of bail.

6. Committal in default.

7. Cost of subsistence of person arrested.

ORDER 47.- PROCEEDINGS INFORMA PAUPERIS

1. Application.

2. Who may sue or defend in forma pauperis.

3. Conditions to be fulfilled.

4. Fees and costs.

5. Procedure to be followed.

6. Revocation or order, discontinuance.

7. Payment to legal practitioner.

8. Duty of Legal Practitioner.

9. Appeal.

ORDER 48.- CHANGE OF LEGAL PRACTITIONER

1. Legal practitioner to conduct cause or matter to final judgment.

2. Application for change of legal practitioner or withdrawal.

3. Service of application by legal practitioner.

ORDER 49.- COSTS

1. Principle to be observed in fixing costs.

2. Security for costs.

3. Security for costs by claimants temporarily within jurisdiction.

4. Action founded on judgment or bill of exchange.

5. Bond as security for costs.

6. Costs at discretion of court.

7. Costs at discretion of court.

8. Stay of proceedings till cost paid.

9. Stay of proceedings at which costs to be dealt with

10. When costs to follow the event.

11. Matters to be taken into account in exercising discretion.

12. Costs arising from misconduct or neglect.

13. Personal liability of legal practitioner for costs.

14. Taxation of costs.

15. Notice of other party.

16. Power to taxing officer.

17. Supplementary powers of taxing officer.

18. Extension of time.

19. Power of taking officer where party liable to be paid and to pay costs.

20. Mode of beginning proceedings for taxation.

21. Provisions as to bills of costs.

22. Provisions as to taxation proceedings.

23. Scale of costs.

24. Certificate of taxing officer.

25. Fees in taxation.

26. Application for review.

27. Application by summons.

ORDER 50.- BUSINESS IN CHAMBERS

1. Representation in chambers.

2. Matters to be disposed of in chambers.

I -PROCEEDINGS RELATING TO PERSONS UNDER LEGAL DISABILITY

3. Evidence upon applications for appointment of guardians and for maintenance

4. Guardian with relevance to proceeding in chambers.

II-FURTHER CONSIDERATION

5. Further consideration of matter originating in chambers.

6. Notes of proceeding in chamber.

7. Drawing up entry of orders made in chambers.

8. Costs.

9. Decisions given in chambers, now set aside or varied.

ORDER 51.- FORECLOSURE AND REDEMPTION

1. Originating summons foreclosure.

2. Civil Forms 35, 36, 37.

3. Service and execution of judgment.

ORDER 52.- I- SUMMONS TO PROCEED

1. Bringing in judgment etc, directing accounts and inquiries.

2. Summons to proceed with accounts and inquiries.

3. Settling deed where parties differ.

4. Where service of notice of judgment or order dispensed with.

5. Stoppage of proceedings where all necessary parties have not been served with notice of judgment or order.

6. Documents: copies for use of Judge.

II- SUMMONS TO PROCEED BOOK

7. Entry in summons for use of Judge.

ORDER 53.- SUMMARY PROCEEDINGS FOR POSSESSSION OF LANDED PROPERTY OCCUPIED BY SQUATTERS OR WITHOUT THE OWNER’S CONSENT.

1. Application of this order.

2. Form of originating summons Civil Form 38.

3. Affidavit in support.

4. Service of originating summons.

5. Application by occupier to be made a party.

6. Order of possession.

7. Writ of possession.

8. Setting aside of order.

ORDER 54.- STAY OF EXECUTION PENDING APPEAL

1. Stay of execution pending appeal.

2. Compilation of record.

3. Court may grant or refuse order for stay.

4. Formal order to be drawn up.

ORDER 55.- PROBATE AND ADMINISRATION

1. Petition to be made to probate.

2. Preservation of property.

3. Unauthorized persons intermeddling with property.

4. Production of testamentary papers.

5. Judge may order production.

6. Examination respecting papers

7. Notice to executor to come in and prove

8. Liability of executor neglecting to apply for probate.

9. Evidence of identity.

10. Judge may refuse grant until all persons interested are given due notice

11. Value of property.

12. Answers required before grant.

13. Form of suits.

14. Testator may deposit Will.

15. Custody of Wills of which probate is granted.

16. Will not given out without order of Judge.

17. Examination of Will as to its execution.

18. Evidence as to due execution of Will.

19. Evidence on failure of attesting witnesses.

20. Evidence as to terms; conditions and date of execution of Will.

21. Attempted revocation of Will.

22. Affidavits as to due execution, terms, etc, of Will.

23. Wills of persons in military service and seamen.

24. Evidence of foreign law.

25. Order of priority for grant where deceased left a Will.

26. Joinder of Administrator.

27. Will of blind or illiterate testator.

28. Interlineations, erasures, obliterations.

29. Documents referred to in a will or annexed or attached thereto.

30. Executor dying without proving or not appearing.

31. Marking of Wills.

32. Viva voce examination of persons making affidavits.

33. Letters of administration.

34. Administration bond.

35. Guarantee

36. Assignment of bond.

37. Administration summons.

38. Order for administration.

39. Order relating to property.

40. Administration may be granted to officer.

41. Officer to act under the direction of Judge.

42. Court may appoint person to be administrator.

43. Remuneration of administrator.

44. Securing and collection of estate.

45. Application by Consular officer or person authorized to administer estate.

46. Accounts to be filed.

47. Court may refuse application to review.

48. Grant to be signed by Probate Registrar.

49. Application.

50. Application for grants through Legal Practitioner.

51. Personal applications.

52. Duty of Registrar on receiving application for grant.

53. Oath in support of grant.

54. Grant in additional name.

55. Engrossment for purposes of record.

56. Grant to attesting witnesses, etc.

57. Right of assignee to a grant.

58. Additional personal representatives.

59. Grants where two or more persons entitled in the same degree.

60. Prevention of grant.

61. Grants to person having spes successionis.

62. Grants where deceased was domiciled outside the State.

63. Grant to attorney.

64. Grants on behalf of minors.

65. Grants where minor s co-executor.

66. Grants in case of mental or physical incapacity.

67. Renunciation of probate and administration.

68. Notice to State of intended application for grant.

69. Resealing.

70. Amendment and revocation of grant.

71. Notice to prohibit grant.

72. Citation.

73. Citation to accept or refuse a grant.

74. Citation to propound a will.

75. Address for order to bring or to attend for examination.

76. Application for order to bring or to attend for examination.

77. Limited grants.

78. Grants and colligenda bona.

79. Application for Leave to Swear to death of a person.

80. Grants in respect of codicil and copies of wills.

81. Grants durants absentia.

82. Notice of election by surviving spouse to redeem life interest.

83. Photocopy of wills or other documents may be certified and sealed

84. Power to require application to be made by summons or motions.

85. Service or Notices and summons.

86. Service of Notice, etc. at the person’s address.

87. Affidavits.

88. Time.

89. Application.

90. Contentious probate: form of suits

II. PROCEEDING GENERALLY

91. Probate actions.

92. Service of writ of summons.

93. Pleadings and further actions.

94. Where claimant disputes defendants interest.

95. Notice of opposition to will.

96. Inquiry as to outstanding personal estate.

97. Discretion to order costs.

98. Originating summons relating to deceased person.

100. Person to be served.

101. Judge not bound to order administration.

102.Order which may be made on application for administration or Execution of trusts, where no account or insufficient accounts have been rendered.

103. Interference with discretion of trustee.

104. Application by summons appointment of new trustees and vesting order.

Vesting order on sale, etc. payment out of court.

105. Interpretation Law; Cap. 70, Vol.2, Laws of Borno State, 1994.

56. All appeals (Civil and criminal) from magistrate Courts, District Courts, Area, Sharia/Upper Sharia Courts, Rent Tribunal, etc to the High Court.

57. Appeals to the High Court from Decisions of Auditors.

58. Appeals to the High Court from professional bodies.

59. Interlocutory Applications:

i- Motions generally

ii- Ex-parte motions

iii- Order to show cause

iv- Notice of Motion

v- Evidence in Interlocutory Proceedings.

60. Petition: General Provisions

61. Arbitration:

A- Reference to arbitrator

B- Arbitration Proceedings

C- Enforcement of Arbitration Award

D- Registration of Foreign arbitration Award

E- Alternative Dispute Resolution.

62. Receivers.

63. Interim Attachment of Property

64. Garnishee Proceedings.

65. Legitimacy Proceedings.

66. Filing of Briefs of Argument

67. Forms: Appendix I

68. Fees payable: Appendix II

For commencement of cases other than matrimonial and legitimacy causes.

Appendix III

Regulations regarding fees

Appendix IV

Notaries Public fees of office, translations.

Appendix V

Fees for registration of judgment.

HIGH COURT OF BORNO STATE OF NIGERIA

HIGH COURT (CIVIL PROCEDURE) RULES, 2006.

[Date of Commencement                                                                             ( )]

ORDERS

ORDER 1 – CITATION AND COMMENCEMENT.

1. (1)          These Rules may he cited as the Borno State High Court (Civil Procedure) Rules, 2006 and shall come into force on the……….day of ……………………………2006.

(2)     Application of these Rules shall be directed towards the achievement of just, efficient and speedy dispensation of justice.