ABIA STATE HIGH COURT (CIVIL PROCEDURE) RULES 2014

ABIA STATE HIGH COURT (CIVIL PROCEDURE) RULES 2014

LAWS OF ABIA STATE, NIGERIA

ORDER 1 – APPLICATION AND INTERPRETATION

1.       Application and Interpretation.

1.       The Abia State High Court (Civil procedure) Rules 2009, which came into force on 1st day of July, 2009 is hereby revoked.

2.       The fundamental objective of these Rules is, for the just and expeditious disposition of cases.

3.       These Rules may be cited as the Abia State High Court (Civil Procedure) Rules and shall come into force on the 24th day of July, 2014.

4       (1)     Except as otherwise stipulated hereafter these Rules shall not apply to any cause or matter part-heard on the date when these Rules come into operation.

(2)     Where an action is filed and no further step is taken other than the filing, other subsequent procedure shall be under these rules.

(3)     In all other cases where causes or matters are pending the Court shall give such directions as may be necessary or expedient to ensure conformity with requirements of XXXXXXXXXXXXX

(4)     The Chief Judge may give practice directions, generally or in respect of a Particular case, for carrying out any of the rules in these Rules.

(5)     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.

5.       In these Rules, unless the Context requires:

”Alternative Dispute Resolution (ADR) includes: ”Arbitration, Mediation and Conciliation”

”Attorney General” means the Attorney-General of Abia State;

“Cause” includes any action, suit or other originating proceedings between a Claimant and a Defendant and any Criminal proceedings;

“Chief Judge” means the Chief Judge of Abia State High Court;

“Claim” includes any process for instituting actions in this Court or as provided in Form 1 with necessary modifications;

“Claimant’ includes a Counter-Claimant in a Counter-Claim;

“Court” means High Court of Abia State;

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

”Decision means any determination of a Court and includes judgment, ruling, decree, order, conviction, sentence or recommendations;

“Defendant” includes a 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 such person under legal disability;

“Judicial Divisions” mean the divisions into which the State has been divided for the convenient disposition of actions pursuant to the provisions of section 41 of the High Court Law (Cap 96), or the equivalent section of any succeeding High Court law;

“Law” means the High Court Law, (Cap 96), Laws of Abia State of Nigeria, 2005 or any re-enactment thereof;

”Legal Practitioner” means a Legal Practitioner or Counsel within the meaning of the Legal Practitioners’ Act;
”Matter” means any action other than a cause;

“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;

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

“Pleading” includes Statement of Claim and Statement of Defence but does not include a petition, summons or preliminary objection;

“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 action which is non contentious or common form probate business;

“Referee” means any person who has been appointed by the court to determine any matter or question or issue of fact in a suit;

“Registrar” means the Chief Registrar, Deputy Chief Registrar (a), Assistant Chief Registrar, Principal Registrar, Senior Registrar, Higher Registrar, or any other officer acting or performing the function of a Registrar;

“Proceeding” includes pre-trial proceedings under Order 25;

“Registry” means the Registry of the High Court of Abia State in the appropriate judicial Division;

”Return Date” means the day endorsed on a Court process for the appearance of the parties before the Court or any other day the Court may appoint or direct;

“Solicitor ” means a Legal Practitioner;

“State” means Abia State of Nigeria;

“Suit” means a case in which there is a Claimant who sues, and a Defendant who is sued, in respect of some cause of action; and shall include a Counter-Claimant, an Interpleader, a claim for a prerogative order of mandamus, certiorari, prohibition, habeas corpus and quo warranto;

“Taxing Officer” means the Chief Registrar or such other officer of the Court as the Chief Judge may appoint to tax (i.e. assess) cost.