EDO STATE CIVIL PROCEDURE RULES 2012

EDO STATE HIGH COURT CIVIL PROCEDURE RULES 2012

LAWS OF EDO STATE

Order 1-Application and Interpretation

1.     Application

(1)    These Rules shall apply to all proceedings including all part-heard causes and matters in respect of steps to be further taken in such causes and matters.

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

2.     Interpretation of terms

(1)    These Rules shall be interpreted in accordance with the Interpretation Law, Cap. 76 Laws of Bendel State, 1976 applicable in Edo State or any re-enactment thereof.

(2)    Where in these Rules depositions and affidavits are required to be made, if the deponent does not understand English Language such deposition or affidavit may be made in a language he understands and shall be accompanied by interpretation thereof in English Language.

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

“Claimant” is a person who institutes an actions in Court [and] shall include a claimant in a counter-claim;

“Court” means the High Court of Edo State;

“Court Process or Process” includes writ of summons, originating summons, originating process, notices, petitions, pleadings, orders, motions, summons, warrants and all documents filed in court 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” is a person against whom an action is instituted and shall include a defendant to a counter-claim;

“Guardian” means any person who has for the time being, in 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, Cap. 65, Laws of Bendel State, 1976 applicable in Edo State or any re-enactment thereof;

“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 or a 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;

“Registrar” means the Chief Registrar, Deputy-Chief Registrar, Assistant Chief Registrar, Principal Registrar, Senior Registrar, Higher Registrar, or any other officer acting or pe1forming the functions of a Registrar;

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

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

“Chief Judge” means the Chief Judge of Edo State;

“Attorney-General” means the Attorney-General of Edo State;

“Judge” means Judge of the High Court of Edo State;

“Legal practitioner” means a Law Officer, a State Counsel or a Legal Practitioner entitled to practice before the Court;

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

“State” means Edo State

Order 2 – Place Of Instituting And Trial Of Suits

Subject to the provision of the Law on transfer of suits, the place for trial of any suit shall be regulated as follows:

1.     Suits relating to land and personal property distrained or seized

All suits relating to land or any mortgage or charge on or any interest in land, or any inquiry or damage to land and actions relating to personal properly distrained or seized for any cause, shall be commenced and determined in the Judicial Division in which the land is situate or where the seizure took place.

2.     Suits for recovery of penalties, forfeitures and against public officers

All actions for recovery of penalties, forfeitures and 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, may 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.