- Federal High Court (Civil Procedure) Rules 2000
- Order 1 Citation, Application, etc.
- Order 2 Form and Commencement of Action
- Order 3 Effect of Non-compliance
- Order 4 Particulars of claim
- Order 5 Causes of action
- Order 6 Writ of Summons
- Order 7 Originating Summons
- Order 8 Petition: General Provisions
- Order 9 Interlocutory applications
- Order 10 Affidavit
- Order 11 Place of instituting and of trial of Suits
- Order 12 Parties
- Order 13 Service of process
- Order 14 Appearance
- Order 15 Default of Appearance
- Order 16 Arrest of Absconding Defendant
- Order 17 Interim Attachment of Property
- Order 18 Needless detention of chattels or Ships and reparation for it
- Order 19 Accounts and Inquiries
- Order 20 Arbitration
- Order 21 Reference to Referees
- Order 22 Receivers
- Order 23 Computation of time
- Order 24 The undefended list
- Order 25 Proceedings in lieu of Demurrer
- Order 26 Pleadings
- Order 27 Amendment
- Order 28 Default of Pleadings
- Order 29 Interpleader
- Order 30 Withdrawal and Discontinuance
- Order 31 Admissions
- Order 32 Payment into and out of Court
- Order 33 Discovery and Inspection of documents
- Order 34 Interlocutory Injunction and Interim preservation of property
- Order 35 Transfer and Consolidation
- Order 36 Settlement and Trial of Issues
- Order 37 Assessor
- Order 38 Trial Proceedings in General
- Order 39 Proceedings In Forma Pauperis
- Order 40 Originating Summons Proceedings
- Order 41 Procedure Relating to Evidence
- Order 42 Judgment and Orders
- Order 43 Writ of Execution: General
- Order 44 Garnishee Proceedings
- Order 45 Habeas Corpus Proceedings
- Order 46 Committal for Contempt of Court
- Order 47 Application for Judicial Review
- Order 48 Appeals and Applications under the Trade Marks Act and Patents and Designs Act
- Order 49 Appeals to the Court From Professional Bodies
- Order 50 Stay of Execution Pending Appeal to the Court of Appeal
- Order 51 Sitting of the Court and Vacation
- Order 52 Costs
- Order 53 Fees and Allowances
- Order 54 Miscellaneous Provisions
Federal High Court (Civil Procedure) Rules 2000
Commencement: 1st May 2000
In exercise of the powers conferred on me by section 254 of the Constitution of the Federal Republic of Nigeria 1999 and all powers enabling me in that behalf, I, Mahmud Babatunde Belgore, Chief Judge of the Federal High Court hereby make the following Rules:
Order 1
Citation, Application, etc.
1. (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.
2. The Federal High Court (Civil Procedure) Rules 1999 contained in the Schedule to the Federal High Court (Civil Procedure Rules) Decree
1999 are hereby revoked.
3. (1) In these Rules, unless the context otherwise requires-
"Act" means the Federal High Court Act;
"Attorney-General" means the Attorney-General of the Federation;
"Chief Judge" means the Chief Judge of the Federal High Court;
"Court" means the Federal High Court;
"legal practitioner" means a Law Officer, a State Counsel or a Legal Practitioner entitled to practice before the Court;
"pleading" does not include a petition, summons or preliminary act;
"Registry" means the Registry of the Federal High Court in Lagos or other Divisions;
"return date" means the day endorsed on a writ for the first appearance of the parties before the Court or any other day the Court may appoint or direct and in the case of Order 23 of these Rules, where a writ is marked "Undefended List", it means the day fixed for hearing.
(2) Any word other than those defined in subsection (1) of this section shall have the same meaning as is assigned to it in the Federal High Court Act.
4. These Rules may be cited as the Federal High Court (Civil Procedure Rules) 2000 and shall come into force on 1st May 2000.
Order 2
Form and Commencement of Action
1. Subject to the provision of any enactment, civil proceedings may be begun by writ, originating summons, originating motion or petition, or
any other method required by other rules of court governing any special subject matter as provided in those 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 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 a provision made by or under a law or independently of any contract or any such provision) or where the damages claimed consist of or includes damages in respect of death of any person or in respect of 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,
shall be begun by writ.
(2) Proceedings may be begun by originating summons where-
(a) the sole or principal question at issue is, or is likely to 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 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.
3. The Forms in Appendix 6 to these Rules or Forms to the like effect, may be used in all matters, causes and proceedings to which they are applicable, with such variations as circumstances may require.
Order 3
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 sub-rule (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 in the proceedings with leave of court by any interlocutory application, but the application may be raised in defence.
(2) Any application under sub-rule (1) of this rule may be made by summons or motion on notice, and the grounds or objection shall be stated in the summons or motion on notice.
Order 4
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 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 -
(a) to obtain as against any person, any general or special declaration of his rights under contract or instrument; or
(b) to set aside any contract, or to have any bond, bill, note, or instrument in writing delivered up to be cancelled; or
(c) to restrain any defendant by injunction; or