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FCT HIGH COURT CIVIL PROCEDURE RULES 2018

A complete PDF copy of this 2018 Federal Capital Territory (FCT) High Court (Civil Procedure) Rules is available for a fee of ₦2,000.00 (Two Thousand Naira only). Kindly fill this FORM or email us at amakaekelawoffice@yahoo.com.

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HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA CIVIL PROCEDURE RULES, 2018


ARRANGEMENT OF ORDERS


ORDER 1: Application and Interpretation ………………………………….. 2

1. (1) Application

    (3) Practice direction

    (4) Interpretation of Term


ORDER 2: Form and commencement of action …………………………. 4

1. Mode of commencing Proceedings

2. (1) Proceedings to commence by writ

    (2) Documents accompanying Writ

    (2)(e)Pre-action Counseling, civil form 6

    (5) Form of Writ, civil form 1, 33

    (6) Writ for Service out of Nigeria, civil form 2

3. (1) Proceedings that may be begun by originating summons

    (2) Construction of an enactment

    (3) Discretion of the Court

    (4) Forms of Originating Summons, civil form 3, 4, 5

    (5) Documents accompanying Originating Summons

    (7) Penalty for non-compliance

4. Service outside Federal Capital Territory, Abuja

5. Endorsement of date and time of filing

6. Proceedings to be commenced by motion or petition

7. Screening for ADR matters

8. Certificate of pre action counselling, civil form 6

9. Affixing of NBA seal by counsel on Court processes


ORDER 3: Place of Institution and Trial of Suits …………….………. 6

1. Suit relating to distrained or seized landed property

2. Suit for recovery of penalties, forfeiture and against public officers

3. Suit upon contract

4. Other suits

5. Electronic service

6. Suits commenced in wrong division


ORDER 4: Endorsement of Claim and Address …………………………. 7

1. Summary of claim, particulars of parties

2. Endorsement to show representative capacity

3. Probate actions

4. Endorsement for liquidated demand

5. Endorsement for an account

6. Endorsement of address by Claimants

8. Consequence of non-disclosure and invalid address

9. Status quo, civil forms 1, 2, 3, 4, 5.


ORDER 5: Effect of non-compliance ………………………………… 8

1. Non-compliance with these rules

2. Setting aside for irregularity


ORDER 6: Issue of originating process …………………………….… 8

1. Originating process to be printed on A4 paper

2. Sealing of originating process

3. Procedure after sealing

4. Copies to be served

5. Affidavit accompanying probate action

6. Renew of originating process, civil form 7

7. Endorsement of renewal

8. Loss of originating process

9. Concurrent originating process and service


ORDER 7: Service of processes ………………………………. 9

1. Persons to serve originating process

2. How to effect service

3. Service on legal practitioner

4. Mode of service when not personal

5. Person under legal disability

6. Prisoner or detainee

7. Partners

8. Corporation or company

9. Foreign Corporation or company

10. Legal agent of principal who is out of jurisdiction

11. (1) Substituted service

     (2)(e) Substituted service by email

12. Where violence is threatened

13. Proof of service generally

14. Expenses of service

15. Time of service on certain days

16. Service of Advance copies via e-mail

17. Service of hearing notices via e-mail

18. Recording of service


ORDER 8: Service Outside Nigeria and Service of Foreign Process ............................. 13

1. Where service of process is allowed outside Nigeria

2. Agreement as to service

3. Service abroad by letter of request

    Civil Form 8

    Civil Form 9

    Civil Form 10

4. Where leave is not granted or not required, Civil Form 11

5. Service of foreign process

6. Inapplicability of Rule 4

7. Service on behalf of foreign tribunals

8. Substituted service of foreign process


ORDER 9: Appearance ……………………………………….…… 16

1. Mode of entering appearance and service

    Civil Form 12

2. Defendant appearing in person or represented by legal practitioner

3. Fictitious address

4. Defendants appearing through same legal practitioner

5. Penalty for late appearance

6. Intervener in probate matters

7. Recovery of land

8. Landlord appearance

9. Appearance by person under legal disability

10.Tenant


ORDER 10: Default of Appearance ……………………………………………. 17

1. Default of appearance by person under legal disability

2. Default of appearance

3. Liquidated demand

4. Liquidated demand several defendants

5. Judgment in default of appearance

6. Several defendants

7. Detention of goods damages and liquidated demand

8. Recovery of land

9. Mense profit

10. Judgment for costs upon payments

11. Setting aside judgment

12. Default of appearance in actions not specifically provided for

13. Compulsory service


ORDER 11: Summary Judgment ……………………………………………………. 19

1. Application for summary judgment

2. Extra copy of process

3. Service

4. Where defendant intends to defend

5. Defence

6. Several defendants

7. Oral submission


ORDER 12: Application for Account and Inquiries ………………… 20

1. Application for account

2. How application is made

3. Order for an account

4. Account to be made verified etc.

5. Erroneous account

6. Allowances

7. Delay in prosecution of account etc.

8. Distribution of fund before all entitled persons are ascertained


ORDER 13: I. Parties Generally ……………………………………………………. 21

1. Joint or several claims

2. Action in the name of wrong Claimant

3. Misjoinder and Counterclaimant

4. Any person as a Defendant

5. Action against a wrong Defendant

6. Defendant need not be interested in all the reliefs

7. Joinder of persons

8. Doubt as to the person from whom relief is sought

9. Persons unknown

10. Substitution of name

11. Person under disability

12. Guardian

13. Trustees, Executors and Administrators

14. Numerous persons

15. Representation of persons or classes

16. Power to approve compromise

17. Where there is no personal representative

18. Proceedings not defeated by misjoinder or non-joinder

19. Application to strike out

20. Where defendant is added

21. Third party may be joined by any of the parties

22. Appearance by third party

23. Default by third party

24. Subsequent third party or party joined

II. Actions against firms and persons carrying on business in names other than their own.

25. Action by and against firms

26. Disclosure of partners’ names

27. Appearance of partners

28. Application of rules to actions between co-partners

29. Person trading as firm

III. Change of parties by death or otherwise.

30. Actions not abated where cause of action survives

31. Order to carry on proceedings

32. Assignment creation or devolution of estate or title

33. Application to discharge order by persons under disability having a guardian

34. Application by persons under disability having no guardian

IV. Legal Practitioners or Agents

35. Acts may be done by legal practitioner or agents


ORDER 14: Joinder of Causes of Action ………………………………………. 27

1. Causes of action may be joined

2. Recovery of land

3. Executor and administrator

4. Claims by Claimants


ORDER 15: Pleadings …………………………………………………………..……. 28

1. Filing of pleadings

2. Pleadings to state material facts and not evidence

3. Particulars to be given when necessary

4. Further and better statement of particulars

5. Denial

6. Conditions precedent

7. Defence grounds to be specifically pleaded

8. Pleadings to be consistent

9. Joinder of issue

10. Effect of documents to be stated

11. Notice

12. Implied contract or relation

13. Presumption of law

14. Stated or settled account

15. Technical objection

16. Striking out pleadings at Pre-trial conference

17. Malice, knowledge or other conditions of mind

18. Grounds for striking out pleadings

19. Close of pleadings


ORDER 16: Statement of Claim …………………………………………………... 31

1. Statement of Claim

2. Claim beyond endorsement on writ


ORDER 17: Defence and Counterclaim …………………………………..……… 31

1. Statement of Defence

2. Evasive denial

3. Denials generally

4. Persons in representative capacity

5. Pleading to damages

6. Set off and counterclaim

7. Title of counterclaim

8. Claims against persons not party, civil form 13

9. Appearance by added parties

10. Reply to counterclaim

11. Discontinuance of the claimant’s claim

12. Judgment for balance

13. Ground of defence after action filed

14. Further defence or reply

15. Concessions to defence

     Civil Form 14

16. Defence to originating summons


ORDER 18: Reply ………………………………………………………………………..… 33

1. Reply to counterclaim


ORDER 19: Arbitration and Alternative Dispute Resolution ………..… 34

A – Reference to ADR

1. Judge to encourage ADR

2. (1) Consent cases to be referred to AMDC, civil form 15

    (2) Time within which to report settlement

3. ADR directives and sanctions

4. Cost

5. Extension of time to report settlement

6. Where settlement has broken down

7. (1) Consent Judgment

    (2) Walk in application for consent judgment

8. Chief Judge to designate ADR Judges

9. Settlement Week

10. Sifter Committee to identify ADR cases

B – Arbitration

11. Arbitration

C – Arbitration Proceedings

12. Arbitration Proceedings

D – Enforcement of Arbitration Awards

13. Enforcement of arbitral awards

E – Registration of Foreign Arbitration Awards

14. Registration of Foreign Arbitration Award


ORDER 20: Admissions ………………………………………………… 37

1. Notice of admission of facts

2. Notice to admit documents

3. Notice to admit facts

4. Judgment or Order upon admission of facts

5. Cost of notice where documents unnecessary


ORDER 21: Default of pleading ………………………………...…… 38

1. Claim for liquidated demand

2. Default of one or several defendant(s)

3. Damages and detention of goods

4. Default of one or more defendant(s)

5. Debt or damages and detention of goods or damages

6. Recovery of land

7. Claims for mesne profit, 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 default judgment


ORDER 22: Payment into and out of Court ………………………... 40

1. (1)Payment into and out of court

    (6) Civil Form 16

2. Claimant may take out money

    Civil Form 17

3. Money remaining in court

4. (1) Several defendants

    (2) Civil Form 18

    (4) Civil Form 18

5. Counter- claim

6. Persons under legal disability;

7. Payment into and withdrawal of money from court


ORDER 23: Proceedings in Lieu of Demurrer …………………...… 42

1. Demurrer abolished

2. (1) Points of law may be raised by pleadings

    (3) Striking out of pleadings


24: Withdrawal or Discontinuance …………………………...… 42

1. (1)Claimant may discontinue before defence

    (3) Discontinuance after filing defence

    (4) Compliance with terms of discontinuance

    (5) Withdrawal or striking out of defence

2. Withdrawal by consent of parties


ORDER 25: Amendment ………………………………………...… 43

1. Amendment of originating process and pleadings

2. Application

3. Amendment of originating processes

4. Failure to amend after order

5. Amended process

6. Date of order and amendment to be displayed

7. Clerical mistakes and accidental omissions

8. General power to amend


ORDER 26: Settlement Out of Court …………………………….. 44

1. Settlement out of court


ORDER 27: Pre-Trial Conference and Scheduling …………… 44

Settlement and trial of Issues

1. Settlement of issues at or before hearing

2. Non-compliance with rule 1

3. Where parties differ on issues

4. Court may give direction

5. Settlement of issues without previous notice

6. Court may amend or frame additional issues

Trial of Questions and Issues

7. Settlement of documents

8. Dismissal of action etc., after decision on preliminary issues

9. Provisions subject to other written laws

10. (1)Pre-trial conference notice

      Civil Form 19

      (2) Civil Form 20

11. Dispensing with pre-trial conference

12. Scheduling and Planning

13. Agenda

14. Time table

15. Report

16. Sanctions

17. Management

18. Sanctions


ORDER 28: Discovery and Inspection ……………………………. 47

1. Discovery by interrogatories

2. Civil form 21

3. Corporation or companies

4. Objection to interrogatories by answer

5. Filing of affidavit in answer

6. Form of affidavit in answer:

Civil form 22

7. Order to answer or answer further

8. (1) Application for discovery of documents

    (3) Civil Form 23

9. Processes filed after pre-trial conference

10. Verification of business books

11. Cost for disobedience

12. Cost against legal practitioner

13. Using answer to interrogatory

14. Discovery against Sheriff

15. Order to apply to person under legal disability


ORDER 29: References to Referees and Accounts ………………… 49

1. Reference to referee

2. Instructions to referee

3. General powers of referee

4. Evidence

5. Reports made under reference order

6. Taking of account

7. Verification of account

8. Mode of vouching accounts

9. Surcharge

10. Accounts and inquiry to be numbered

     Civil Form 24

11. Just allowances

12. Expediting proceedings in case of undue delay


ORDER 30: Special Case …………………………………………..… 51

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 disability is a party

5. Agreement as to payment of money and costs

6. Application of order


ORDER 31: Cause Lists ………………………………………………… 52

1. List of cases for hearing

2. Pre-trial and weekly cause list

3. Public cause list

4. Judge unable to sit

5. Posting cause list on notice boards


ORDER 32: Proceedings at Trial ……………………………...……..… 52

1. Hearing notice for trial

2. Non appearance of both parties

3. Default of appearance by defendant at trial

4. Default of appearance by claimant

5. (1)Default judgment may be set aside on terms

    (3) Failure to apply to re-list or set aside judgment timeously

6. Adjournment of trial

7. Records of duration of trial and proceedings

8. Order of proceeding

9. Party to begin

10. Documentary evidence

11. Additional witnesses

12. Close of case of parties

13. Exhibits during trial

14. Written address by party beginning

15. General address by the other party

16. Written address by party beginning

17. Reply on points of law

18. Release of exhibit(s)

19. Rejected exhibits

20. List of exhibits

21. Non-diligent prosecution


ORDER 33: Filing of Written Address …………………………....… 55

1. Application

2. Format for written address

3. Summation of address

4. Oral argument

5. Copies of written address


ORDER 34: Evidence Generally …………………………………….… 55

1. (1)Proof of facts

    (2) Certified copies of documents

2. Particular facts

3. Limitation of medical and expert evidence

4. Limitation on use of documentary evidence

5. Revocation and variation

6. Certified copies admissible in evidence

7. Examination of witnesses abroad

7.(a) Civil form 25

7.(b) Civil Form 26

8. Form of order for examination of witness abroad, civil form 27

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. Dispositions not to be given in evidence without consent or leave of a      judge

15. Oaths

16. Attendance of witness under subpoena

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 of a subpoena Civil Form 28

21. Form of subpoena

      Civil Form 29, 30 or 31

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. Action not to be set down for trial

29. Evidence of protected witness


ORDER 35: The Undefended List …………………………….………….… 59

1. (1)The undefended list affidavit

    (2) Undefended list

2. Copy of affidavit to be served

3. Notice of intention to defend

4. Judgment in undefended suit

5. Oral evidence


ORDER 36: Affidavits ………………………………………………...… 60

1. Affidavit evidence

2. Title of affidavit

3. Use of defective affidavit

4. Special time for filing affidavits

5. Affidavit 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


ORDER 37: Fast Track Cases ………………………………………..… 61

1. Fast Track Judges

2. Pre-trial Conference

3. Coordinator, Fast Track Division

4. Jurisdiction of Fast Track Division

    Civil Form 32

5. Assignment of Cases

6. Procedure for filing of cases

    Civil form 33, 34, 35

7. Accounts for fees

    Civil From 36

8. Service of process

9. Hearing dates

10. Adjournment

11. Absence of counsel

12. Timetable for taking steps

13. Compliance with timetable

14. Absence of parties

15. Form of addresses, Objections & Application

16. (1)Application of Transcript

      (2) Civil Form 37


ORDER 38: Non-Suit ………………………………………………....… 64

1. Non-Suit


ORDER 39: Judgment, Entry of Judgment …………..……….….… 64

1. Delivery of Judgment

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

6. Judgment by consent where defendant appears by a Legal Practitioner

7. Judgment by consent where defendant has no legal practitioner


ORDER 40: Drawing up of Orders ………………………………….… 65

1. Date of order

2. Orders that may not be drawn up

3. Form of order


ORDER 41: Transfers and Consolidation …………………………….… 65

I - Transfers

1. Order transferring proceedings to High Court

2. Payment of filing fees

3. Duties of Registrar

4. Direction

5. Party failing to attend

6. Transfer where court has no jurisdiction

7. Construction

II - Consolidation

8. Consolidation of actions


ORDER 42: Interlocutory and other Orders ………………….….… 67

1. Preservation or Interim custody of subject matter of disputed contract

2. Early trial of cause

3. Order for sale of perishable goods

4. (1)Detention, preservation or inspection of property

    (3) Inspection by Judge

5. Sale of property in possession of court

6. Recovery of property other than land subject to lien

7. Allowance of income of property pendent lite

8. Injunction against repetition of wrongful act for breach of contract

9. Appointment of a receiver by way of equitable execution

10. Receiver’s security and remuneration.

     Civil forms 38 & 39

11. Where receiver appointed in court: adjournment to give security

12. Fixing days for receivers to leave and pass their accounts and pay in balances and neglect of payment 

13. Form of receivers accounts 

      Civil Form 40 

14. Leaving account at the Registry 

      Civil Form 41 

15. Consequences of default by receiver 

16. Passing of guardian's accounts 


ORDER 43: Motions and other Applications ……………………….… 70

1. Application by motion
2. Restriction on order nisi or order to show cause
3. When notice on motion should be given
4. Application in chambers
5. Motion relating to arbitral award
6. Special leave
7. Where notice not given to a party
8. Adjournment of hearing of motion
9. Service of motion with originating process
10. Account by Legal Practitioner
11. Interim certificate

ORDER 44: Application for Judicial Review …………………………….… 72

1. Case appropriate for judicial review
2. Joinder of claims for relief
3. 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. Claim for damages
8. Interlocutory application
9. Hearing of application for judicial review
10. Obedience to an order of mandamus
11. Consolidation of application

ORDER 45: Jurisdiction of Chief Registrar ……………………………...… 75

1. Chief Registrar
2. Business to be conducted 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
6. Legal Practitioner may represent Party
7. Certificate
8. Reference to judgment
9. (1)Form and Contents of certificate Civil Form 42
    (2) Content of certificate in cases of accounts and transcripts
10. When certificate becomes binding
11. Bill of costs
12. Discharge or variation of certificate after lapse of any time

ORDER 46: Garnishee Proceedings ……………………………….… 76

1. Application
2. How application is made
3. Service of garnishee order
4. Garnishee absolute
5. Determination of issue by the court
6. Where a third person makes claim
7. Compliance as discharge of liability

ORDER 47: Habeas corpus, Attachment for Contempt ……………… 78

I - Habeas Corpus
1. Habeas Corpus ad subjiciendum
2. Application for leave
3. Releasing person detained in Court
4. Service of order
5. Return to the order for release
6. Procedure at hearing
7. Order to be clear
8. Bringing prisoner to give evidence, etc.
9. Form of writ
II - Attachment for Contempt
10. Procedure for attachment
11. Procedure on disobedience to court order
12. Response
13. Return

ORDER 48: Interpleader …………………………………………………..… 81

1. When relief by Interpleader is granted
2. Matter to be proved by application
3. Adverse title of claimants
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 claimant to appear, or neglect to obey summons
10. Costs

ORDER 49: Computation of Time ………………………………………...… 82

1. Rules for computation of time
2. Holiday
3. Time of service
4. Court may extend time
5. Penalty for default

ORDER 50: Appeals from District and Area Courts …....………….… 83

1. Time to bring notice of appeal
2. (1)Contents of notice of appeal
    (4) Civil Form 43
3. Copies of proceedings
4. Time to transmit records of proceedings
5. Hearing notice
6. Enlargement of time after service of notice of appeal
7. Where time elapsed
8. Constitution of court hearing appeal
9. Time and place of hearing
10. Briefs of argument
11. Direction for departure
12. Default of appearance by appellant
13. Default of appearance by respondent
14. Amendment of notice of appeal
15. Affirmation of judgment
16. Time to file respondent’s grounds of appeal
17. Defect of grounds of appeal
18. Objection to notice of appeal
19. Defects in notice of appeal or recognizance
20. Adducing evidence
21. Additional evidence
22. Fees: First Schedule
23. Allowances
24. Application for stay of execution
25. Cost
26. Security for respondent’s costs of appeal
27. Certification of judgment or order
28. Enforcement of judgment
29. Enforcement of order
30. Enlargement of time
31. Interpretation

ORDER 51: Appeals to the High Court from Decision of Auditors … 88

1. Appeal from decision of an auditor
2. Mode of appeal
3. Evidence of appeal
4. Time to serve notice of motion
5. Contents of notice and date of hearing
6. Time to file notice
7. Time within which to oppose motion
8. Service on Auditor other than the auditor who gave the decision
 
ORDER 52: Miscellaneous Provisions ……………………………….… 89

I. Court Sittings and Vacation
1. Days of sittings and long vacation
2. Public or private sittings of court
3. Operational time for offices of court
4. Days of sittings and Annual vacation
5. (1) Urgent matters
    (2) Ex parte motion for urgent matters
6. Time not to run for pleadings during annual vacation
II. General
7. Default of payment of fines, etc.
8. Publication of notice
9. Endorsement on documents for filing
10. How processes are addressed
11. No fees where proceedings by Government Department
12. Regulations
13. Where there is no provision for fees

ORDER 53: Arrest of Absconding Defendant …………………………… 91

1. Defendant leaving Nigeria
2. Warrant of arrest
3. Bail for appearance or satisfaction
4. Deposit in lieu of bail
5. Committal in default
6. Cost of subsistence of person arrested

ORDER 54: Proceedings in Forma Pauperis …………………………….… 92

1. Application
2. Who may sue or defend in forma pauperis
3. Conditions to be fulfilled
4. Fees and costs
5. Procedure to be followed
6. Revocation of order of discontinuance
7. Payment to Legal Practitioner
8. Duty of Legal Practitioner
9. Appeals

ORDER 55: Change of Legal Practitioner ………………………………….… 93

1. Engagement of Legal Practitioner
2. Application for Change of Legal Practitioner or withdrawal
3. Application for Service
4. Re-appearance of former legal practitioner
5. Liability of legal practitioner to indemnify client

ORDER 56: Costs ……………………………………………………………..… 94

1. (1)Penalty for default of filing
    (3) Principle to be observed in fixing costs
2. Court to direct security for costs
3. Security for costs by claimant temporarily within jurisdiction
4. Action founded on judgment or bill of exchange
5. Bond as security for costs
6. Cost at discretion of court
7. Costs out of fund or property
8. Stay of proceedings till cost paid
9. Stage 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
23. Scale of costs
24. Certificate of taxing officer
25. Fees on taxation
26. Application for review
27. Application by summons

ORDER 57: Application and Proceedings in Chambers ……………… 98

1. Business to be disposed of in chambers
2. Procedure on application in chambers
3. Notes of proceeding in chambers
4. Drawing up any entry of orders made in chambers
5. Cost
6. Decision given in chambers how to set aside or varied

ORDER 58: Foreclosure and Redemption …………………….… 100

1. Originating summons foreclosure
2. Civil Form 44, 45 & 46
3. Service and execution of judgment

Order 59: Summons to Proceed …………………………………….… 100

1. Bringing in judgment, directing accounts or inquiries
2. Summons to proceed with accounts or inquiries: Directions
3. Settling deed where parties differ
4. Where service of notice of judgment or order dispensed with
5. Where parties have not been served with notice of judgment or order
6. Documents: Copies for use of Judge
7. Entry in Summons Book

ORDER 60: Summary proceedings for possession of landed property occupied by squatters or without the owner’s consent ……………………………………………..… 101

1. (1)Application of this Order
    (2) Proceeding to be brought by originating summons
2. No acknowledgement of service required.
    Civil Form 47
3. Affidavit in support
4. Service
5. Application by occupier to be made a party
6. Order for possession
    Civil Form 48
7. Writ of possession
8. Setting aside of order

ORDER 61: Stay of Execution or Proceedings pending Appeal ………………………. 103

1. Application for stay of execution
2. Compilation of record
3. Court may grant or refuse order for stay
4. Formal order to be drawn up

ORDER 62: Probate and Administration ……………………………….… 104
I – Grant of Probate or Administration in General

1. (1)Petition to be made to probate registry
    (4) Registrar to administer appropriate forms
2. Preservation of property
3. Unauthorized persons intermeddling with property
4. Production of testamentary papers
5. Court may order production
6. Examination of papers
7. Notice to executor to come in and prove
8. Liability of executor neglecting to apply for probate
9. Identity
10. Court may refuse grant until all persons interested are given due notice
11. Value of property
12. Answers required before grant
13. Notice to prohibit grant
14. Effect of notice
15. Form of suits
16. Testator may deposit Will
17. Custody of Will of which probate is granted
18. Will not to be given out without order of court
19. Examination of Will as to its execution
20. Proof of execution where attestation clause is defective
21. Where Will not executed according to law
22. Evidence on failure of attesting witnesses
23. Will of blind or illiterate testator
24. Interlineations, erasures obliterations
25. Documents referred to in a will or annexed or attached
26. Executor dying without proving or not appearing
27. (1)Marking of will copy sworn to
      (2) Codicils
28. Viva voce examination of persons making affidavit
II – Grant of Letter of Administration
29. Letter of Administration
30. Administration bond
31. Assignment of bond
32. Administration summons
33. Order for administration
34. Orders relating to property
35. Administration may be granted to officer
36. Officer to act under direction of court
37. Court may appoint person to be administrator
38. Remuneration of Administrator
III – Administration of Estate of Foreign Citizens
39. Securing and collection of estate
40. Application by consular officer or person authorized by him to administer estate
IV – Administration Generally
41. Accounts to be filed
42. Duties and powers to be performed and exercised by Probate Registrar
43. Court may refuse application
44. Grant to sign by Chief Judge or his designate
45. Supplementary Letters or grant for additional assets

ORDER 63: Register of Probate, Letters of Administration and Wills ...................112

1. Register of wills, letters of administration and grant
2. Application to conduct search in the register of wills

ORDER 64: Probate (Non-Contentious) Procedure ………….… 112

I – General
1. Application for grant through legal practitioner
2. Personal application
3. Duty of Registrar upon receiving application for grant
4. Oath in support of grant
5. Grant in additional name
6. Marking of Wills
7. Engrossment for purpose of record
9. Execution of Will of blind or illiterate testator
10. Evidence as to terms, conditions and date of Will
11. Attempted revocation of Will
12. Affidavit as to due execution, terms, etc. of Will
13. Wills of persons on military service and seamen
14. Evidence of foreign law
15. Order of priority for grant where deceased left a Will
16. Grant to attesting witnesses, etc.
17. Value of property
18. Answers required before grant
19. Notice to prohibit grant
20. (1)Effect of notice
      (3) Citations
21. Form of suits
22. Testator may deposit Will
23. Perseveration and inspection of Will in the Registry
24. Delivery of Will without order of court
II – Probate or Administration with Will annexed
25. Deposition and opening of Will
26. Inspection of Will as to its execution

Designed by Amaka Eke