TARABA STATE HIGH COURT (CIVIL PROCEDURE) RULES 2011

TARABA STATE HIGH COURT (CIVIL PROCEDURE) RULES 2011

LAWS OF TARABA STATE, NIGERIA

Table of Contents

Citation, Application and Interpretation

Order 1 Form and commencement of action

Order 2 Place of instituting and trial of suits

Order 3 Effect of non-compliance

Order 4 Endorsement of claim and address

Order 5 Issue of originating process

Order 6 Service of originating process

Order 7 Service out of Nigeria and service of foreign process

Order 8 Sittings of The Court and vacation

Order 9 Computation of time

Order 10 Interlocutory application, motion ex-parte and motion on notice.

Order 11 Interlocutory order

Order 12 Affidavit

Order 13 Parties

Order 14 Legal practitioner

Order 15 Appearance

Order 16 Default of appearance

Order 17 Arrest of absconding defendant

Order 18 Interim attachment of property

Order 19 Accounts and inquires

Order 20 Arbitration

Order 21 Reference to referee

Order 22 Summary judgment

Order 23 Joinder of causes of action

Order 24 Proceedings in lieu of demurrer

Order 25 Pleadings

Order 26 Amendment

Order 27 Default of pleadings

Order 28 Interpleader

Order 29 Withdrawal and discontinuance

Order 30 Payment into and out of Court

Order31 Pre- trial conference and scheduling

Order 32 Special case

TARABA STATE HIGH COURT (CIVIL PROCEDURE) RULES 2011

Commencement:                 (1st DAY JULY, 2011)

In exercise of the powers conferred on me by section 274 of the Constitution of the Federal Republic of Nigeria, 1999 amended, Section 116 of the High Court Law Cap. 62 Laws of Taraba State, 1997 and of all other powers enabling me in that behalf, I, ADAMU AL1YU, Chief Judge of the High Court of Justice of Taraba State of Nigeria, hereby make the following Rules:

CITATION, APPLICATION AND INTERPRETATION

Civil Procedure Rules and Citation

1. (1) The provisions contained in these Rules shall be rules of civil procedure to be followed in the High Court of Justice of the State.

(2)    The Rules may be cited as the Taraba State High Court (Civil Procedure) Rules 2011.

Absence of provisions in the Rules

2.     Where a matter arises in respect of which no provisions are made in the Rules, the Court shall adopt such procedure as will in its view do substantial justice between the parties concerned Construction of reference law, rules etc.

3. (1) Any reference in these Rules to anything done under these Rules includes a reference to the thing done before the commencement of these Rules, under any corresponding law or Rules of court ceasing to have effect on the commencement of these Rules. (2)    Except where the context otherwise requires, any reference in these Rules to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.