AKWA IBOM STATE HIGH COURT (CIVIL PROCEDURE) RULES, 2009

THE GOVERNMENT OF AKWA IBOM STATE OF NIGERIA,

HIGH COURT (CIVIL PROCEDURE) RULES, 2009

[With Akwa Ibom Multi-Door Courthouse Rules (2009) and the High Court Law (2000)]

COMMENCEMENT                               (1st day of December, 2009)

IN EXERCISE of the authority conferred on the High Court Rules Committee constituted by virtue of Section 76 of the High Court Law Cap 55 Laws of Akwa Ibom State of Nigeria, 2000, the High Court Rules Committee pursuant to its powers under Section 77(1) of the High Court Law aforesaid and all other enabling powers in that behalf, makes the following-

1. (1)          The provisions contained in the rules set out in the schedule and hereinafter called ‘the Rules’ shall be the rules of civil procedure to be followed in the High Court of Akwa Ibom State

(2)     The Rules may be cited as the High Court (Civil Procedure) Rules, 2009

2.       Where a matter arises in respect of which no provisions or 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 the Rules to anything done under the Rules includes a reference to anything done before the commencement of the Rules under any corresponding law or rule of Court ceasing to have effect on the commencement of the Rules.

(2)     Except where the context otherwise requires, any reference to any enactment shall be construed as a reference to that enactment as amended in these Rules.

4.       The Forms in the appendix to the schedule shall be used where Forms applicable with such variations as the circumstances of the particular case require.

5.       In these Rules, unless the context otherwise requires “the court” means the High Court of Akwa Ibom State of Nigeria;

“convention country” means a foreign country with which Nigeria shares legal commitments on a matter;

“return date” means the day endorsed on a Writ for the first appearance of the parties before a Court or any other day as the Court may appoint and in the case of Order 11 where a writ is marked

“Undefended”, it is the day fixed for hearing.

6.       The Rules may be cited as the High Court (Civil Procedure) Rules, 2009 and shall come into force on the 1st day of December, 2009.

DATED this 1st day of December, 2009

CHIEF JUDGE OF AKWAIBOM STATE (CHAIRMAN)

SCHEDULE

AKWA IBOM STATE HIGH COURT (CIVIL PROCEDURE) RULES, 2009

CONTENTS

ORDER/APPLICATION AND INTERPRETATION

1.       Application

2.       Interpretation

3.       Citation and Commencement

ORDER 2–PLACE OF INSTITUTING AND TRIAL OF SUITS

1.       Suits relating to Land and Property distrained or seized

2.       Suits for recovery of penalties, forfeitures

3.       Suits upon contract

4.       Other Suits

5.       Suits commenced in the wrong Judicial Division

ORDER 3–FORM AND COMMENCEMENT OF ACTION

1.       Proceedings which must be begun by Writ

2.       Mode of beginning civil proceedings

3.       Form of Writ (Civil Form I)

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 (Civil Forms 3, 4, 5)

9.       Service outside the State

10.     Registrar to indicate date and time

ORDER 4–INDORSEMENT OF CLAIM AND OF ADRESS

1.       Indorsement

2.       Indorsement to show representative capacity

3.       Probate actions

4.       Indorsement where the claim is liquidated

5.       Ordinary account

6.       Indorsement of address by claimant or by Legal Practitioner

7.       Indorsement as to 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–ISSUANCE OF ORIGINATING PROCESS

1.       Preparing Originating Process

2.       Signing and stamping of Originating Process

3.       What is to be done after signing and stamping

4.       Copies to be served

5.       Probate action: affidavit with originating process

6.       Renewal of Originating Process (Civil Form 6)

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 PROCESS

1.       Means by which service is to be effected

2.       Service of Originating Process

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 or detainee

8.       Partners

9.       Corporation or company

10.     Foreign corporation or company

11.     Local agent of principal who is out of jurisdiction

12.     Where violence is threatened

13.     Proof of service generally

14.     Expenses of service

15.     Time of service on certain days

16.     Recording of service

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 (Civil Forms 7, 8 and 9)

4.       Where leave is granted or not required (Civil Form 10)

5.       Service of Foreign Processes

6.       Inapplicability of Rule 4

7.       Service on behalf of foreign tribunal

8.       Substituted service of foreign process

ORDER 9–APPEARANCE

1.       Mode of entry of appearance (Civil Form 11)

2.       Defendant appearing in person 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.       Judgment in default of appearance

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

I.       SUMMARY JUDGEMENT

1.       Where claimant believes there is no defence

2.       Delivery of extra copies

3.       Service

4.       Where defendant intends to defend

5.       Where defendant has 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

II.      Undefended List

8.       The Undefended List. Affidavit

9.       Copy of affidavit to be served

10.     Notice of intention to defend

11.     Judgment in undefended suit

12.     Oral evidence

ORDER12–APPLICATION FOR ACCOUNT

1.       Order for 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 the name of wrong claimant

3.       Misjoinder and counterclaim

4.       Any person may be joined as defendant

5.       Action in the name of wrong defendant

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

7.       Joinder of persons severally or jointly and severally liable

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

9.       Persons under legal disability

10.     Guardian

11.     Trustees, Executors, etc. may be sued as representing the estate

12.     Numerous persons

13.     Representation of persons or classes 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 partners

27.     Application of rules to actions between co-partners

28.     Persons trading as firms

III.     Change of Parties by Death or Otherwise

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 Practitioners or Agents

34.     Acts may be done by Legal Practitioner or agent

ORDER 14–JOINDER OF CAUSES OF ACTION

1.       All causes of action may be joined

2.       Recovery of Land

3.       Executor and Administrator

4.       Claims by joint claimants

ORDER 15–PLEADINGS GENERALLY

1.       Filing of Pleadings

2.       Pleadings to state material facts and not evidence: How facts are to be stated

3.       Particulars to be given where necessary

4.       Further and better statements or particulars

5.       Denial

6.       Conditions precedent

7.       Certain facts to be specifically pleaded

8.       Pleadings to be consistent

9.       Joinder of issues

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 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.       Denials specifically

5.       Pleadings as to damages

6.       Set-off and Counterclaim

7.       Title of counterclaim

8.       Claim against persons not party (Civil Form 12)

9.       Appearance by added parties

10.     Reply to counterclaim

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 (Civil Form 13)

16.     Defence to originating summons

ORDER 18–REPLY

1.       Filing of reply

2.       Reply to counterclaim

ORDER 19–ADMISSIONS

1.       Admission of facts

2.       Notice to admit documents

3.       Notice to admit facts

4.       Judgment or Order upon admission of facts

5.       Costs of notice where documents are unnecessary

ORDER 20–DEFAULT OF PLEADING

1.       Claim for debt or liquidated demand

2.       Several defendants: default of one

3.       Damages and detention of goods

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 profit, 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 (Civil Form 14)

2.       Claimant may receive money (Civil Form 15)

3.       Money remaining in court

4.       Several defendants (Civil Form 16)

5.       Counterclaims

6.       Persons under legal disability

7.       Payment into and withdrawal of money from court

ORDER 22–PROCEEDINGS IN LIEU OF DEMURRER

1.       Demurrer 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 pleadings and other process

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 CONFERENCES AND SCHEDULING

1.       Pre-trial conference notice (Civil Form 17, 18)

2.       Scheduling and planning

3.       Agenda

4.       Timetable

5.       Report

6.       Sanctions

7.       Management

ORDER 26–DISCOVERY AND INSPECTION

1.       Discovery by interrogatories

2.       Form of interrogatories (Civil Form 19)

3.       Corporation or companies

4.       Objection to interrogatories by answer

5.       Affidavit in answer, filing of

6.       Form of affidavit in answer (Civil Form 20)

7.       Order to answer or answer further

8.       Application for discovery of documents (Civil Form 21)

9.       Processes filed after pre-trial conference

10.     Verification of business books

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, ACCOUNTS AND REFERENCES TO REFEREES

1.       Issues of facts

2.       Reference to referee

3.       Instruction to referee

4.       General powers of referee

5.       Evidence

6.       Reports made in pursuance of reference under order

7.       Special directions as to mode of taking account

8.       Accounts to be verified by affidavit numbered and left in the Registry

9.       Mode of vouching account

10.     Surcharge

11.     Accounts and inquiries to be numbered (Civil Form 22)

12.     Just allowances

13.     Expediting proceedings in case of undue delay

14.     Interpretation of reference to Referee

ORDER 28–SPECIAL CASE

1.       Special case by consent

2.       Special case 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 costs

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–TRIAL PROCEEDINGS

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 be set 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 case 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 Exhibits 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 facts

3.       Limitation of medical and expert evidence

4.       Limitation on use of documentary evidence

5.       Revocation and variation

6.       Office copies admissible in evidence

7.       Examination of witnesses abroad (Civil Forms 23, 24)

8.       Form of order for examination of witnesses abroad (Civil Form 25)

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.     Depositions not to be given in evidence without consent or leave of a judge

15.     Oaths

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

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

18.     Special directions as to taking of evidence

19.     Evidence in proceedings subsequent to trial

20.     Form of praecipe of a subpoena (Civil Form 26)

21.     Form of subpoena (Civil Forms 27, 28 &29)

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 witnesses to perpetuate testimony

28.     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 affidavit

7.       Alterations in accounts to be initialled

8.       Exhibits

9.       Certificate of exhibit

10.     Certificate of Evidence Act

11.     Affidavit taken in a commonwealth country admissible without proof of seal, etc.

ORDER 34–NON-SUIT

1.       Power of court to non-suit

2.       Non-suit where no leave reserved

ORDER 35–JUDGMENT, ENTRY OF JUDGMENT

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

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–TRANSFERS AND CONSOLIDATION

I.       Transfers 1. Order transferring proceedings to High Court by Chief Judge

2.       Payment of filing fees

3.       Duties of Registrar

4.       Directions

5.       Party failing to attend

6.       Construction

II.      Consolidation

7.       Consolidation of actions

ORDER 38–INTERLOCUTORY ORDERS, ETC.

1.       Preservation 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

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

7.       Allowance of income of property pendente lite

8.       Injunction against repetition of wrongful act for breach of contract

9.       Appointment of a receiver by way of equitable execution

10.     Receivers: security and remuneration (Civil Forms 30, 31)

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.     Receiver’s’ Accounts (Civil Form 32)

14.     Affidavit verifying Receiver’s Account (Civil Form 33)

15.     Consequences of default by Receiver

16.     Passing of Guardians’ Accounts

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.       Statement and affidavits

7.       Claim for damages

8.       Interlocutory application

9.       Hearing of application for judicial review

10.     Person acting in obedience to an order of mandamus

11.     Consolidation of applications

ORDER 41–APPEALS FROM MAGISTRATES COURT

1.       Notice of Appeal

2.       Contents of Notice of Appeal

3.       Copies of record of proceedings

4.       Filing of Briefs

5.       Procedure at hearing

6.       Where time expires

7.       Constitution of Court hearing appeals

8.       Time and place for hearing

9.       Appeal limited to grounds given in notice

10.     Request to affirm judgment on other grounds

11.     Counter appeal

12.     Objection to form of grounds of appeal

13.     Defects in proceedings under appeal

14.     Defects in notice of appeal or recognizance

15.     Additional evidence

16.     Mode of taking evidence

17.     Fees (First Schedule)

18.     Allowances to witnesses (Third Schedule)

19.     Stay of Execution

20.     Costs

21.     Security for costs

22.     Orders of High Court to be certified to Magistrate’s Court

23.     Enforcement of Judgment

24.     Enforcement of Orders

25.     Interpretation

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 of 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 to Court order

11.     Response

12.     Return

ORDER 43 INTERPLEADER

1.       When relief by inter-pleader is granted

2.       Matter to be proved by applicant

3.       Adverse title of claimants

4.       When application is 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 for computation of time

2.       Holiday

3.       Time of service

4.       Court may extend time

ORDER 45–MISCELLANEOUS PROVISIONS

I.       Court Sittings and Vacation

1.       Days of sittings

2.       Sittings of the court

3.       Office hours

4.       Days of sittings and long vacation

5.       Vacation

6.       Vacation not reckoned in time for pleadings

II.      General

7.       Recovery of penalties and costs

8.       Notice

9.       Filing

10.     How process is addressed

11.     No fees where proceedings are by Government Departments

12.     Regulations

13.     Saving

14.     What orders to be made

ORDER 46–ARREST OF ABSCONDING DEFENDANT

1.       Defendant leaving Nigeria

2.       Warrant to arrest

3.       Bail for appearance or satisfaction

4.       Deposit in lieu of bail

5.       Committal in default

6.       Cost of subsistence of person arrested

ORDER 47–PROCEEDINGS IN FORMA PAUPERIS

1.       Application

2.       Who may sue or defend informa pauperis

3.       Conditions to be fulfilled

4.       Fees and costs

5.       Procedure to be followed

6.       Revocation of order, discontinuance, etc.

7.       Payment to Legal Practitioner

8.       Duty of Legal Practitioner

9.       Appeals

ORDER 48–CHANGE OF LEGAL PRACTITIONER

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

2.       Application for change or withdrawal of Legal Practitioner

3.       Service of application

ORDER 49–COSTS

1.       Principles to be observed in fixing costs

2.       Security for costs

3.       Security for costs by claimant 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 out of fund or property

8.       Stay of proceedings costs till is paid

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

10.     When costs is 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 to other party

16.     Power of taxing officer

17.     Supplementary powers of taxing officers

18.     Extension of time

19.     Power of taxing 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 on taxation

26.     Application for review

27.     Application for summons

ORDER 50

I.       PROCEEDINGS IN CHAMBERS

1.       Representation in Chambers

2.       Matters to be disposed of in Chambers

II.      Proceeding Relating to Persons under Legal Disability

3.       Evidence upon application for appointment of Guardians and for maintenance

4.       Guardian with reference to proceeding in Chambers

III.     Further Consideration

5.       Further consideration of matter originating in Chambers

IV.     Registering and Drawing Up of Orders in Chambers Costs

6.       Notes of proceedings in Chambers

7.       Drawing up and entry of order made in Chambers

8.       Costs

9.       Decisions given in Chambers how set aside or varied

ORDER 51–JURISDICTION OF CHIEF REGISTRAR

1.       Chief Registrar

2.       Business to be transacted by Chief Registrar

3.       Chief Registrar may refer matter to the Chief Judge

4.       Appeal from order of Chief Registrar

5.       Chief Registrar’s lists

6.       Legal Practitioners may represent party

I.       Chief Registrar’s Certificate

7.       Certificate

8.       Reference to judgment, etc.

9.       Form of Certificate (Civil Form 34)

10.     When Certificate becomes binding

11.     Bill of Costs

12.     Discharge or variation of certificate after lapse of any time

ORDER 52–FORCLOSURE AND REDEMPTION

1.       Originating summons for foreclosure

2.       Form of orders for payment and for possession (Civil Forms 35, 36, 37)

3.       Service and execution of judgment

ORDER 53

I.       SUMMONS TO PROCEED

1.       Bringing in judgment etc, directing account and inquiries

2.       Summons to proceed with accounts and inquiries: Directions

3.       Settling deed where parties differ

4.       Where service of notice of judgment or order is 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 to Proceed book

ORDER 54–SUMMARY PROCEEDINGS FOR POSSESSION OF LANDED PROPERTY OCCCUPIED BY SQUATTERS OR WITHOUT THE OWNERS CONSENT

1.       Application of this Order

2.       Proceedings to be brought by originating summons (Civil Form 38)

3.       Affidavit in support

4.       Service of originating summons

5.       Application by occupier to be made a patty

6.       Order for possession (Civil Form 39)

7.       Writ of possession

8.       Setting aside of order

ORDER 55–STAY OF EXECUTION PENDING APPEAL

1.       Stay of execution pending appeal

2.       Court may grant or refuse order for stay

3.       Formal order to be drawn up

ORDER 56–PROBATE AND ADMINISTRATION

I.       Grant of Probate or Administration in General

1.       Petition to be made to Registrar

2.       Preservation of property

3.       Unauthorised 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 person or 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 for 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 a Will

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

23.     Will 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 Administrators

27.     Will of blind or illiterate testator

28.     Interlineations, erasures or obliterations

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

30.     Executor dying without proving or not appearing

31.     Making of Wills

32.     Viva voce examination of persons making affidavits

33.     Letters of Administration

34.     Administration Bond

35.     Guarantee (Probate Form 1)

36.     Assignment 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 authorised by him 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 Practitioners

51.     Personal Application

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.     Grant where two or more persons are entitled in the same degree

60.     Exceptions to rules as to priority

61.     Grant to persons having spes successionis

62.     Grant where deceased was domiciled outside the State

63.     Grant to Attorney

64.     Grant on behalf of minors

65.     Grant where minor is co-executor

66.     Grant in case of mental or physical incapacity

67.     Renunciation of probate and administration

68.     Notice to state of intended application for grant

69.     Resealing (Probate Form 2)

70.     Amendments and revocation of grant

71.     Notice to prohibit grant (Probate Forms 3,4,5,6)

72.     Citation

73.     Citation to accept or refuse a grant

74.     Citation to propound a Will

75.     Address for service

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

77.     Limited grants

78.     Grants ad colligenda bona

79.     Application for leave to swear to death of a person

80.     Grants in respect of codicils and copies of Wills

81.     Grants Durant absentia

82.     Notice of election by surviving spouse to redeem life interest (Probate From &)

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 of Notice of motion and summons

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

87.     Affidavit

88.     Time

89.     Application

90.     Contentious probate; form of suits

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

99.     Order or Administration of Estate of deceased and of Trust

100.   Persons to be served

101.   Judge not bound to order Administration

102.   Order which may be made on application for Administration or execution of Trust, where no account or insufficient accounts have been rendered

103.   Interference with discretion of Trustee

104.   Application by summons

105.   Interpretation

ORDER 57–FEES AND ALLOWANCES

1.       (1)     Fees: 1st, 2nd, 3rd, 4th and 5th Schedules

(2)     Al1owances: Part II of 5th Schedule

2.       Regulations: 6th Schedule

3.       Specific services: 7th Schedule

AKWA IBOM STATE HIGH COURT (CIVIL PROCEDURE) RULES, 2009

ORDER 1 – APPLICATION AND INTERPRETATION

1.-(1) These Rules shall apply to all proceedings including all part-heard causes and matters.

(2)     In respect of causes and matters already pending, these Rules shall apply to every further step to be taken in respect of such causes and matters.

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