EKITI STATE HIGH COURT (CIVIL PROCEDURE) RULES 2011

ORDER 1 – APPLICATION AND INTERPRETATION

1.       Application

(1)     These Rules shall apply to all causes and matters filed before or after the commencement of these rules but are yet to proceed to trial.

2.       Interpretation of Terms

(1)     These Rules shall be interpreted in accordance with any Interpretation of Law for the time being in force in Ekiti State.

(2)     Where in these Rules depositions and Affidavits are required to be made, it shall be made in English Language provided that where the deponent does not understand English Language such document shall contain an illiterate Jurat.

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

(4)     In the construction of these Rules, unless there is anything in the subject or context contrary thereto, the several words hereinafter mentioned or referred to shall have or include the following meanings:

“Claimant” shall include a claimant in a counter claim;

“Court” means the High Court of Ekiti State;

“Court Process” or “Process” includes writ of summons, originating summons, originating process, notices, petitions, pleadings, orders, motions, summons, warrants and all documents or written communication of which service is required;

“Decision” means any decision of a Court and includes judgment, ruling, decree, order, conviction, sentence or recommendation;

“Defendant” shall include defendant to a counter-claim;

“Guardian” means any person who has for the time being, the charge of or control over a person under legal disability and includes a person appointed to institute or defend an action on behalf of any person under legal disability;

“Law” means the High Court Law for the time being in force in Ekiti State;

“Minor” means a person who has not attained the age of 18 years;

“Originating process” means any Court process by which a suit is initiated;

“Persons Under Legal Disability” means persons who lack capacity to institute or defend any proceedings by reason of age, insanity, unsoundness of mind or otherwise;

“Probate action” means an action for the grant of probate of the will, or letters of administration of the estate of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an act in which is non-contentious or common form probate business;

“Registrar” means the Officer of the Court holding the post of Chief Registrar and includes any subordinate officer acting under his instruction;

“Registry” means the Registry of the High Court of Ekiti State in the appropriate judicial division;

“Taxing Officer” means the Chief Registrar or such other officer of the Court as the Chief Judge may appoint to tax costs.

ORDER 2

1.       Suits relating to Land and Personality distrained or seized

The provisions of the Law respecting transfer, the place for the trial of any suit or matter shall be regulated as follows:  All suits relating to land, or any mortgage or charge thereon or any other interest therein, or for any injuries thereto, and also all actions relating to personal property distrained or seized for any cause, shall be commenced and determined in the Judicial Division in which the land is situated, or the distress or seizure took place.

2.       Suits for penalties

All actions for recovery of penalties and forfeitures, and also all actions against public officers shall be commenced and tried in the Judicial Division in which the cause of action arose.

3.       Suits upon contract

All suits for specific performance, or upon the breach of any contract, shall be commenced and determined in the Judicial Division in which such contract ought to have been performed or in which the defendant resides or carries on business.

4.       Other Suits

All other suits shall be commenced and determined in the Judicial Division in which the defendant resides or carries on business or in which the cause of action arose. If there are more defendants than one resident in different Judicial Divisions, the suit may be commenced in any one of such Judicial Divisions subject, however, to any order which the Court may, upon the application of any of the parties, or on its motion, think fit to make with a view to the most convenient arrangement for the trial of such suit.

5.       Suits commenced in wrong judicial division

In case any suit shall be commenced in any other Judicial Division than that in which it ought to have been commenced, the same may, notwithstanding, be tried in the Judicial Division in which it shall have been so commenced, unless the Court shall otherwise direct, or the defendant shall plead specially in objection to the jurisdiction before or at the time when he is required to state his answer or to plead in such cause.