ADAMAWA STATE HIGH COURT CIVIL PROCEDURE RULES, 2013

(ORDERS)

ORDER 1 – FORM AND COMMENCEMENT OF ACTION

Mode of beginning Civil Proceedings

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

Proceedings must be begun by writs

(1)     Subject to the provisions of these Rules or any applicable law requiring any proceedings to be begun otherwise than by a writ, a writ of summons shall be the form of commencing all proceedings;

(a)     where a Plaintiff claims:

(i)      any relief or remedy for any civil wrong; or

(ii)     damages for breach of duty, whether contractual, statutory or otherwise; or

(iii)    damages for personal injuries to or wrongful death of any person, or in respect of damage or injury to any property;

(b)     where the claim is based on or includes an allegation of fraud;

(c)     where an interested person claims a declaration

(2)     Every writ of summons shall be accompanied by;

a)      statement of claim;

b)      list of witnesses to be called at the trial;

c)       written statement on oath of the witnesses; and

d)      copies of every documents to be relied on at the trial.

(3)     Where a plaintiff fails to comply with Rule 2 (2), his originating process shall not be accepted for filing by the Registry.

Form of writs. Form 1

Except in cases in which different forms are provided in these Rules, the writ of summons shall be in Form 1 with such modifications or variations as circumstances may require.

Writ of summons to be served out of Nigeria Form of Writ for service out of Nigeria. Form 2

A writ of summon to be served out of Nigeria shall be in Form 2 with such modifications or variations as circumstances may require.

Proceedings which may be begun by originating summons

Any person claiming to be interested under a deed, Will, enactment or other written, instrument may apply originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of person interested.

Construction of enactment

Any person claiming any legal or equitable right in a case where the determination of the question whether he is entitled to the right depends upon a question of construction of an enactment, may apply by originating summons for the determination of such question of construction and for a declaration as to the right claimed

Discretion of the judge

The Court shall not be bound to determine any such question of construction, if in his opinion it ought not to be determined on originating summons but may make any such orders as he deems fit.

Forms of originating summons, Form 3, 4 or 5

(1) An originating summons shall be in Forms 3, 4 or 5 with such variations as circumstances may require. It shall be prepared by the Applicant or his Legal Practitioner, and shall be filed in the Registry and when so filed shall be deemed to be issued.

(2) An originating summons shall be accompanied by:

a) an affidavit setting out the facts relied upon;

b) all the exhibits to be relied upon; and

c). a written address in support of the application.

(3) The person filing the originating summons shall leave at the registry sufficient number of copies thereof together with the documents referred to in sub-rule (2) for service on the respondent or respondents.

Service outside Adamawa State. Cap. 56 LFN 2004

Subject to the provisions of the Sheriffs and Civil Process Act, a writ of summons or other originating process issued by the court for service in Nigeria outside Adamawa State shall be endorse with the following notice:

“This summons (or as the case may be) is to be served out of Adamawa State of Nigeria and in the …………………..State, the Federal Capital Territory”

Originating process to be tested by its date

(1) The Registrar shall indicate the date and time of presentation for filing on every originating process presented to him and shall arrange for service thereof to be effected.

(2) An originating process shall not be altered after it is sealed except upon application to the Court.

Proceedings to be begun by motion or petition

Proceedings may be commenced by originating motion or petition whereby these Rules or under any written law the proceedings in Question are required or authorized to be so begun but not otherwise.