- High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules
- Order 1 Form and Commencement of Action
- Order 2 Effect of Non-Compliance
- Order 3 Particulars of Claim
- Order 4 Causes of Action
- Order 5 Writ of Summons
- Order 6 Originating Summons
- Order 7 Petition: General Provisions
- Order 8 Interlocutory Applications
- Order 9 Affidavits
- Order 10 Place of Instituting and of Trial of Suits
- Order 11 Parties
- Order 12 Service of Process
- Order 13 Appearance
- Order 14 Default of Appearance
- Order 15 Arrest of Absconding Defendant
- Order 16 Interim Attachment of Property
- Order 17 Detention of Ships and Reparation for Needless Arrests, Etc.
- Order 18 Accounts and Inquiries
- Order 19 Reference to Arbitrator
- Order 20 Reference to Referees
- Order 21 Receivers
- Order 22 Computation of Time
- Order 23 The Undefended List
- 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 Admissions
- Order 31 Payment into and out of Court
- Order 32 Discovery and Inspection of Documents
- Order 33 Interlocutory Injunctions and Interim Preservation of Property
- Order 34 Transfer and Consolidation
- Order 35 Settlement and Trial of Issues
- Order 36 Applications and Proceedings in Chambers
- Order 37 Trial Proceedings in General
- Order 38 Originating Summons Proceedings
- Order 39 Procedure Relating to Evidence
- Order 40 Judgments and Orders
- Order 41 Habeas Corpus Proceedings
- Order 42 Committal for Contempt of Court
- Order 43 Application for Judicial Review
- Order 44 Appeals from Magistrate's Court, Etc.
- Order 45 Appeals to the High Court from Decisions of Auditors
- Order 46 Stay of Execution Pending Appeal to the Court of Appeal
- Order 47 Miscellaneous Provisions
- Order 48 Sittings of the Court and Vacation
- Order 49 Probate and Administration
- Order 50 Probate (Non-contentious) Procedure
- Order 51 Proceedings Under the Legitimacy Law
- Order 52 Proceedings in Forma Pauperis
- Order 53 Costs
- Order 54 Fees and Allowances
High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules
Order 1
Form and Commencement of Action
1. Subject to the provisions of any enactment, civil proceedings may be begun by writ, originating summons, civil proceedings originating motion or petition, or any other method required by other rules of court governing any special subject matter as provided in these Rules.
2. (1) Subject to the provisions of any enactment or of these Rules by virtue of which any proceedings are expressly required to be begun otherwise than by writ, proceedings in which a claim-
(a) is made by a plaintiff for any relief or remedy for any tort or other civil wrong;
(b) made by the plaintiff is based on an allegation of fraud;
(c) is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a law or independently of any contract or any such provision) or where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property;
(d) is made by the plaintiff in respect of the infringement of a patent, trade mark, copyright, intellectual or any other proprietary interest of whatever kind;
(e) for a declaration is made by an interested person,
(2) Proceedings may be begun by originating summons where –
(a) the sole or principal question at issue is, or is likely to summon, be, one of the construction of a written law or of any instrument made under any written law, or of any deed, will, contract or other document or some other question of law; or
(b) there is unlikely to be any substantial dispute of fact.
(3) Proceedings may be begun by originating motion or maybe begun by petition where by these Rules or under any written law the proceedings in question are required or authorized to be so begun, but not otherwise.
Order 2
Effect of Non-Compliance
1. (1) Where in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure may be treated as an irregularity and if so treated, will not nullify the proceedings, or any document, judgment or order therein.
(2) The Court may on the ground that there has been such a failure as mentioned in paragraph (1) of this rule and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein, or it may exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
2. (1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein, shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) Any application under paragraph (1) of this rule may be made by summons or motion on notice, and the grounds of objection shall be stated in the summons or notice of motion.
Order 3
Particulars of Claim
1. The Court may, on the application of the defendant, or on its own motion, order further or better particulars to be supplied by the plaintiff.
2. Subject to any amendment granted by the Court, the plaintiff shall not, at the hearing, obtain a judgment for any sum exceeding that stated in the particulars, except for subsequent interests and the costs of suit, notwithstanding that the sum claimed in the writ for debt or damages exceeds the sum stated in the particulars.
3. (1) Where a party seeks, (in addition to or without any order for the payment of money) to obtain as against any person, any general or special declaration of his rights under contract or instrument; or to set aside any contract, or to have any bond, bill note, or instrument in writing delivered up to be canceled or to restrain any defendant by injunction; or to have an account taken between himself and any other party, and in such other cases as the nature of the circumstances makes it necessary or expedient, the plaintiff or defendant may, in the writ of summons or in any pleading, refer to and briefly describe any documents on the contents of which he intends to rely, and annex copies of such documents to the writ or pleading, or may state any reason for not annexing copies which he may have to allege.
(2) The party shall allow the opposite party to inspect any such documents as are in his possession or power.
4. (1) Particulars of claim shall not be amended except by leave of the Court, and the Court may, on any application for leave to amend, grant the application if it appears that the defendant shall not be prejudiced by the amendment; otherwise, the Court may refuse leave to grant the application.
(2) Leave to amend shall be granted, where appropriate, on such terms as to notice, postponement of trial or costs, as justice may require.
5. Any variance between the items contained in the particulars, and the items proved at the hearing, may be amended at the hearing, either at once or on such terms as to notice, adjournment, or costs, as justice may require.
Order 4
Causes of Action
1. (1) Subject to rule 3 of this Order, a plaintiff may in one action claim relief against the same defendant in respect of two or more causes of action -
(a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity, in respect of all the causes of action; or
(b) if the plaintiff claims, or the defendant is alleged to be liable, in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of the other or others; or
(c) with leave of court.
(2) An application for leave under this rule shall be made ex-parte by motion before the writ or originating summons, as the case may be, is issued and the affidavit in support of the motion shall state the grounds of the application.
2. (1) Subject to paragraph (2) of this rule, a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counter-claim in respect of that matter; and where he does so he shall add the counter-claim to his defence.
(2) Paragraph (1) of this rule shall apply in relation to a counter-claim as if the counter-claim were a separate action and as if the person making the counter-claim were a plaintiff and the person against whom it is made, a defendant.