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

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

LAWS OF ANAMBRA STATE, 2006

TABLE OF RULES (AND ORDERS)

1. TITLE, REPEAL, APPLICATION AND INTERPRETATION

(1) Title

(2) Repeal

(3) Application

(4) Interpretation of terms

2. PLACE OF INSTITUTING AND TRIALS OF SUITS

(1) Suit relating to Land and Property distained or seized

(2) Suits for recovery of penalties, forfeitures

(3) Suit upon contract

(4) Other Suits

(5) Suits commenced in wrong judicial division

3. FORM AND COMMENCEMENT OF ACTION

(1) Proceedings which must be begun by writs

(2)(1) Mode of beginning civil proceedings

(2) Leave to enter land in dispute in land matters

(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 Anambra State

(10) Originating process to be tested by its dates

4. INDORESEMENT OF CLAM 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

5. EFFECT ON NON-COMPLIANCE

(1) Non-compliance with rules

(2) Application to set aside for irregularity

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 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

7. SERVICE OF ORIGINATING PROCESS

(1) By whom service 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 or detainee

(8) Partners

(9) Corporation or company

(10) Foreign corporation or company CAP C20 LFN 2004

(11) Local agent of principal who is out of jurisdiction

(12) Where violence threatened

(13) Proof of service generally

(14) Expenses of service

(15) Time of service on certain days

(16) Recording of services

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

9. APPEARANCES

(1) Mode of entry of appearance

(2) Defendant appearing in person or represented by legal practitioner

(3) Fictitious address

(4) Defendants appearing though same legal practitioner

(5) Late appearance

(6) Intervener in probate matter

(7) Recovery of Land

(8) Landlord appearing

(9) Person under legal disability appearing

(10) Tenant

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 for costs: upon payment satisfaction, etc

(11) Setting aside judgment

(12) Default of appearance in actions not otherwise specifically provided for

(13) Compulsory service

11. SUMMARY JUDGMENT

(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

12. APPLICATION FOR ACCOUNT

(1) Order of account

(2) Application how made

(3) Account may be taken by a Judge or Referee

13. PARTIES GENERALLY

(1) Person claiming jointly or severally

(2) Action in name of wrong plaintiff

(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 of persons severally or jointly and severally liable

(8) Plaintiff in doubt as to person from whom redress is to be sought

(9) Person under legal disability

(10) Guardian

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

(12) Numerous persons

(13) Representation 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 partner’s 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 proceeding

(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 person under disability having no guardian

IV LEGAL PRACTITIONERS OR AGENTS

(34) Acts may be done by legal practitioner or agents

14. JOINDER OF CAUSE OF ACTION

(1) All causes of actions may be joined

(2) Recovery of Land

(3) Executor and administrator

(4) Claims by joint plaintiffs

15. PLEADINGS

(1) Filing of Pleadings

(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) (1) Effect of documents to be stated

(2) Plaintiff’s survey plans in land suits

(3) Defendant’s survey plan to be superimposed

(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

16. STATEMENT OF CLAIM

(1) Statement of claim

(2) Claim beyond indorsement

17. DEFENCE AND COUNTER CLAIM

(1) Statement of claim

(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) Claim against persons not party

(9) Appearance by added parties

(10) Reply to counter-claim

(11) Discontinuance of the plaintiff’s claim

(12) Judgment for balance

(13) Grounds of defence after action brought

(14) Further defence reply

(15) Concession to defence

(16)(1)Defence to originating summons

(2) Counter-claim to originating Summons

18. REPLY

(1) Filing of reply

(2) Reply to counter-claim

19. ADMISSION

(1) Notice of admission of facts

(2) Notice to admit document

(3) Notice to admit

(4) Judgment or Order upon admission of fact

(5) Cost of notice where documents unnecessary

20. DEFAULT OF PLEADING

(1) Claim for debt or liquidated demand

(2) Several defendants: default on 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 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

21. PAYMENT INTO AND OUT OF COURT

(1) Payment into and out of court

(2) Plaintiff may take out money

(3) Money remaining in court

(4) Several defendants

(5) Counter-claims

(6) Persons under disability

(7) Payment into and withdrawal of money from Court

22. PROCEEDINGS IN LIEU OF DEMURRER

(1) Demurrer abolished

(2) Points of law may be raised by pleading

23. DISCONTINUANCE

(1) Plaintiff may discontinue before defence

(2) Discontinuance not defence to subsequent claim

(3) Withdrawal with leave after defence filed

(4) Where proceedings have been stayed or struck out no subsequent claim to be filed until terms fulfilled

(5) Withdrawal by consent

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

25. PRE-TRIAL CONFERENCE AND SCHEDULING

(1) Pre-Trail conference notice

(2) Scheduling and planning

(3) Agenda

(4) Time Table

(5) Setting suit down for trial

(6) Sanctions

(7) Management

26. DISCOVERY AND INSPECTION

(1) Discovery by Interrogatories

(2) Civil Form 19

(3) Corporation or Company

(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

(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

27. ISSUES, INQUIRIES, ACCOUNTS 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 account

(8) Accounts to be verified by affidavit, numbered and left in the registry

(9) Mode of vouching accounts

(10) Surcharge

(11) Accounts and Inquiries to be numbered; Civil forms 22

(12) Just allowances

(13) Expediting proceedings in case of undue delay

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

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

(6) Short Cause List for every Court

(7) Court File for the Court

(8) Endorsements by Clerks of Courts/Registrar not to be made in the cover or inside cover of case file

30. PROCEEDING AT TRIAL

(1) Non-appearance of both parties

(2) Default of appearance by defendant at trial

(3) Default of appearance by plaintiff

(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) Judge may fix date for final address

(14) Written address by parties

(15) Written address of party beginning

(16) Right of reply

(17) Custody of exhibit after trial

(18)(1) Certified copy of list of exhibits

(3) Certified copies of proceedings

(19) Indolent prosecution

(20) Facts or circumstance occurring after institutions suit

(21) (1) Visit to the Locus in quo of suit

(2) Purpose of Visit to be noted in Court Record Book

31. FILING OF WRITTEN ADDRESS

(1) Application

(2) Content of written address

(3) Summation of address

(4)(1) Oral argument

(2) Default in filing written address

(5) Copies of written address

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)(1) Certificate copies admissible in evidence

(2) Certified copies of Survey Plans admissible in evidence

(7) Examination of witnesses abroad

(8) Form of order for examination of witness 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) Depositions 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 in 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 witnesses to perpetuate testimony

(28) Such action not to be down for trail

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 initialed

(8) Exhibits

(9) Certificate of exhibit

(10) Application of Evidence Act LFN Cap 112

34. NON-SUIT

(1) Power of court to non-suit

(2) Non-suit where no leave reserved

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: 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

36. DRAWING UP OF ORDERS

(1) Date of order, when drawn

(2) What orders need not be drawn up

(3) Form of order

37. TRANSFER AND CONSOLIDATION

1 TRANSFERS

(1) Transfer among Judges of same Judicial Division

(2) Transfer among Judges of different Judicial Division

(3) Nature of the transfer

(4) Transfer to or from Magistrate Courts

(5) Fees

(6) Effects of order of transfer

(7) Effects of order of transfer

II CONSOLIDATION

(8) Consolidation of actions

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 pendete lite

(8) Injunction against repetition of wrongful act of 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 accounts and pay in balances and neglect of receiver

(13) Form of receiver’ account

(14) Leaving account at the Registry

(15) Consequences of default by receiver

(16) Passing of guardians account

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 no 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

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 of mandamus

(11) Consolidation of application

41. JURISDICTION OF CHIEF REGISTRAR

I. ADJUDICATORY FUNCTIONS OF CHIEF REGISTRAR/MASTER OF THE HIGH COURT

(1) Adjudicatory duties of Chief Registrar/Master of the High Court

(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 list and postings

(6) Posting of Chief Registrar and Deputy Registrars

(7) Legal practitioner may represent party

(8) Chief Registrar’s Certificate

II ADMINISTRATIVE FUNCTIONS

(9) Administrative duties

(10) Reference to judgment etc

(11)(1) Form of certificate:

(2) Contents of certificate in case of accounts and transcripts

(12) When certificate becomes binding

(13) Discharge or variation of certificate after lapse of anytime

(14) Postings and staff dispositions

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 CONTENT

(9) Procedure for attachment

(10) Procedure on disobedience of order of court

(11) Response

(12) Return

43. INTERPLEADER

(1) When relief by interpleader is granted

(2) Matter to be proved by application

(3) Adverse title of plaintiffs

(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 plaintiff to appear, or neglect to obey summons

(10) Costs, etc

44. COMPUTATION OF TIME

(1) Rules of computation of time

(2) Holiday

(3) Time of service

(4) Court may extend time

45. MISCELLANEOUS PROVISIONS

I. COURT SITTINGS AND VACATION

(1) Days of sittings

(2) Public or Private Sitting of the court

(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) Filing

(10) How process addressed

(11) Practice Directions

(12) Regulations

(13) Savings

(14) Forms that may be used

(15) Fees payable on commencement of cause or matter

46. ARREST OF ABSCONDING DEFENDANT

(1) Application

(2) Defendant leaving Nigeria

(3) Warrant to arrest

(4) Bail for appearance or satisfaction

(5) Deposit in lieu of bail

(6) Committal in default

(7) Cost of subsistence of person arrested

(8) Defendant disposing his property etc

(9) Application or attachment

(10) Form of Order (Form 43)

(11) Where defendant fails to show cause or give security

(12) Rights of third parties not be affected

(13) Removal of attachment

(14) In what Court proceedings may be taken

(15) In what cases (Form 44)

47. PROCEEDINGS INFORMA PAUPERIS

(1) Application

(2) Who may sue or defend in forma pauperis

(3) Conditions to be fulfilled

(4) Fess and costs

(5) Procedure to be followed

(6) Revocation of order, discontinuance

(7) Payment to Legal Practitioner

(8) Duty of Legal Practitioner

(9) Appeal

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

(4) Liability of legal Practitioner to pay damages to client

49. COSTS

(1) Principle to be observed in fixing costs

(2) Security for costs

(3) Security for costs by plaintiff 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 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 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 fees

(24) Certificate of taxing officer

(25) Fees in taxation

(26) Application for review

(27) Application by summons

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 reference to proceeding in chambers

II FURTHER CONSIDERATION

(5) Further consideration of matter originating in chambers

(6) Notes of proceeding in chambers

(7) Drawing up any entry of orders made in chambers

(8) Costs

(9) Decisions given in chambers, how set aside or varied

51. FORECLOSURE AND REDEMPTION

(1) Originating summons for foreclosure

(2) Civil Forms 35, 36, 37

(3) Service and execution of judgment

52. I. SUMMONS TO PROCEED

(1) Bringing in judgment etc, directing accounts 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 dispensed with

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

(6) Documents: copies for used of judge

II SUMMONS TO PROCEED BOOK

(7) Entry in summons to proceed Book

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

(1) Application of this order

(2) Proceedings to be brought by originating summons

(3) Affidavit in support

(4) Service of originating summons

(5) Application by occupier to be made a party

(6) Order for possession

(7) Writ of possession

(8) Setting aside of 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

55. PROBATE AND ADMINISTRATION

I GRANT OF PROBATE OR ADMINISTRATION IN GENERAL

(1) Petition to be made to probate Registrar

(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) Forms of Suits

(14) Testator may deposit will

(15) Custody of wills of which order of Judge

(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 witness

(20) Evidence as to terms: conditions and dates 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 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 person 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 administrators

(44) Securing and collection of estate

(45) Application by consular officer or person authorized 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

II PROBATE (NON-CONTENTIOUS) PROCEDURE

(49) Application

(50) Application for grants through Legal Practitioner

(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 purpose 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 successions

(62) Grants where deceased was domiciled outside the state

(63) Grant to attorney

(64) Grants on behalf of minors

(65) Grants where minor is co-executor

(66) Grants in case of metal or physical incapacity

(67) Remuneration 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) Citations

(73) Citations to accepts 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 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 of Notices of motions and summons

(86) Service of notice, etc at the person’s address

(87) Affidavits

(88) Time

(89) Application

(90) Contentious probate; form of suits

III PROCEEDINGS GENERALLY

(91) Probate actions

(92) Service of writ of summons

(93) Pleadings and further actions

(94) Where plaintiff disputes defendants interest

(95) Notice of opposition to will

(96) Inquire as to outstanding personal estate

(97) Discretion to order costs

(98) Originating summons relating to deceased person

(99) Order for administration of estate of deceased and trust

(100) Judge not bound to order administration

(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 73 Revised Laws of Anambra State

56. CRIMINAL APPEALS FROM MAGISTRATES COURTS

(1) Notice Appeal

(2) Verbal Notice

(3) Verbal Notice of appeal in Court

(4) Time o Appeal

(5) Memorandum of Grounds of appeal

(6) Who may sign the notice etc

(7) How prisoner may appeal

(8) Copies to be filed for service

(9) Grounds of appeal

(10) Grounds of appeal to be clearly set forth

(11) Copy of proceedings

(12) Giving security to prosecute the appeal

(13) Procedure when appellant defaults in prosecuting appeal

(14) Where surety not found or money not deposited

(15) Transmission of proceedings by Registrar

(16) Abandonment of appeals

(17) Abatement of appeals

(18) Notice of time, place and hearings

(19) Presence and representation of appellant

(20) Disposal of appeal

(21) Appeal limited to grounds in memorandum with power to allow amendment

(22) Additional evidence

(23) Allowances to witness; Second Schedule

(24) Costs

(25) Fees: Second Schedule

(26) Forms: First Schedule

(27) Order of High Court to be certified to Magistrate’s Court

57. CIVIL APPEALS FROM MAGISTRATES COURTS

(1) Notice of Appeal

(2) Contents etc of Notice of Appeal

(3) Copies of proceedings

(4) Appeal to Judge of High Court

(5) Respondent to be supplied with copy of proceedings

(6) Time

(7) Abandonment of appeal

(8) Abatement of appeals

(9) Time and place for hearing unless, appeal abandoned

(10) Where appellant appear

(11) Where appellant appears

(12) Appeal limited to grounds given in notice

(13) Objections to form of grounds for appeal

(14) Defect in proceedings under appeal

(15) Defects in notice of appeal or recognizance

(16) Additional evidence

(17) Mode of taking additional evidence

(18) Fees

(19) Allowances to witnesses

(20) Stay of execution

(21) Costs

(22) Security for costs

(23) Order of High Court to be certified to Magistrate Court

(24) Enforcement of judgment

(25) Enforcement of orders

(26) High Court may enlarge time

HIGH COURT OF ANAMBRA STATE (CIVIL PROCEDURE) RULES 2006

[Section 72 High Court Law]

COMMENCEMENT: 1ST OCTOBER 2006

The High Court Rules Committee, by virtue of powers conferred on it by section 72 of the High Court Law (Cap.66) Revised Laws of Anambra State 1999, and other enabling powers doth hereby, with the approval of the Governor, make the following Rules.