HIGH COURT OF THE FEDERAL

CAPITAL TERRITORY,
ABUJA

CIVIL PROCEDURE RULES, 2018

i
 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

ii
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

iii
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. Mesne 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

iv
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

v
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

vi
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. Judgement 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

vii
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

ORDER 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

viii
 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
ix
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

x
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

xi
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

xii
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

xiii
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.

xiv
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

xv
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

xvi
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

xvii
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

xviii
 (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

xix
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
27. Proof of execution where attestation clause is defective
28. Where Will not executed according to law
29. Death of subscribing witnesses
30. Will by blind or illiterate
31. Order of priority for grant of probate
32. Joinder of administrator
33. Additional personal representatives
34. Grants where two or more persons entitled in the same degree
35. Exceptions to rules as to priority
36. Grants to person having spessuccessionis
xx
37. Grant where deceased died domiciled outside the Federal Capital Territory
38. Grants to Attorneys
39. Grants on behalf of infants
40. Grants where infant is co-executor
41. Grants in case of mental or physical incapacity
42. Renunciation of probate and administration
43. Notice to Federal Capital Territory of intended application for grant
44. (1) Guarantee as a condition
(3) Civil Form 49
45. (1) Resealing
(3) Civil Form 50
46. Amendment and revocation of grant
47. (1) Entry of caveat
(2) Civil Form 51, & 52
(7) Civil Form 53
(9) Civil Form 54
48. (1) Citation
(6) Civil Form 54
49. Citation to accept or refuse to take a grant
50. Citation to propound a Will
51. Address for service
52. Application for order to bring in a Will or attend for examination
53. Limited grant
54. Grant of administration ad colligenda bona
55. Application for leave to swear to death
56. Grant for codicils and copies of Wills
57. Grant durante adbsentia
58. Notice of election by surviving spouse to redeem life interest
Civil Form 55
59. Issue of copies of Will and other documents
60. Taxation of costs Cap. 207
61. Method of making application
62. Exercise of powers of a Registrar
63. Appeals from Registrar
64. Service of notice of motion and summons
65. Notice, etc,
66. Affidavit
67. Time
68. Application to pending proceedings
69. Contentions probate form of suit
70. Interpretation
Cap. 192

ORDER 65: Fees and allowances ……………………………………………….. 130

1. Fees and allowances
2. Regulations

xxi
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

CIVIL PROCEDURE RULES, 2018

In exercise of the powers conferred on me by Section 259 of the Constitution of the

Federal Republic of Nigeria 1999 and all powers enabling me in that behalf I, Hon.
Justice I.U. Bello, Chief Judge of the High Court of the Federal Capital Territory,
Abuja make these Rules:

1. The Civil Procedure Rules set out herein be the rules of Civil Procedure to be The Civil procedure
Rules
followed in the High Court of the Federal Capital Territory, Abuja.

2. Where a matter arises in which no provisions or no adequate provisions exist

Where no Rules
in the Rules, the Court shall adopt such procedure as may, do substantial exist
justice between the parties concerned.

3. (1) A reference in these Rules to anything done under these Rules include a Construction of
reference to anything done before the commencement of these Rules under reference to
law, Rules
any corresponding law or Rule 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

4. The Forms set out in the Appendix to the Schedule shall be used where Forms
applicable with such variations as the circumstances of a particular case may
require.

5. The High Court of the Federal Capital Territory, Abuja (Civil Procedure) Amendment
Rules 2004 are amended.

6. These Rules may be cited as the High Court of the Federal Capital Territory, Short title
Abuja (Civil Procedure) Rules 2018.

Dated this…………………………………day of……………………2017

____________________________________
Hon. Justice Ishaq Usman Bello
Chief Judge,
High Court of the Federal Capital Territory, Abuja

COMMENCEMENT
These Rules shall come into effect on the 15th day of February, 2018

1
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 1

Application and Interpretation

Application 1. (1) These rules shall apply to all proceedings including all part-heard cases,
causes and matters in respect of steps to be further taken in such cases, causes
and matters. The Court shall give such directions, as may be necessary or
expedient to ensure conformity with the requirement of these Rules.

(2) Application of these Rules shall be directed towards the achievement of a

just, efficient and expeditious dispensation of justice. Parties and Counsel
shall assisting the Court to further the overriding objectives of these Rules.

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

Interpretation
2. (4) These Rules shall be interpreted in accordance with the Interpretation Act,
of Terms or any re-enactment

(5) 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:

“ADR” means Alternative Dispute Resolution.

“ADR Judge” means a Judge of the High Court designated by the Chief Judge
to handle ADR related matters.

“AMDC” means the Abuja Multi-Door Courthouse.

"Attorney-General" means the Attorney-General of the Federation.

"Chief Judge" means the Chief Judge of the High Court of The Federal
Capital Territory, Abuja.

"Claimant" means a party initiating an action and shall include a counter

claimant.

“Convention country” means a foreign country with whom Nigeria share legal
commitments on a matter.

"Court" means the High Court of the Federal Capital Territory, Abuja.

"Court process” or "process” includes writ of summons, originating summons,

originating process, notices, petitions, pleadings, orders, motions, summons,
affidavits, warrants and all documents or written communications of which
service is required.

2
High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

"Decision" means any decision of a court and includes judgment, ruling,

decree, order, conviction, sentence or recommendation.

"Defendant" shall include a defendant to a counter claim,

“FCT” means the Federal Capital Territory, Abuja.

"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 person under legal disability.

"Law" means the High Court of the Federal Capital Territory Act or any re-
enactment.

"Legal Practitioner" means a Law Officer, a State Counsel or a person

authorized to practice law in Nigeria.

"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 person who lacks 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 of the will, or letters
of administration of the estate of a decree pronouncing for or against the
validity of an alleged will, not being an action that is non-contentious or
common form probate business.

“Process Server” means any person or electronic means authorised to serve a

court process under any enactment, regulation or rule of court.

"Registrar" means the Chief Registrar, Deputy Chief Registrar, Assistant

Chief Registrar, Principal Registrar, Senior Registrar, Higher Registrar, or any
other officer acting or performing the functions of a Registrar.

"Registry” means the registry of the High Court of the Federal Capital
Territory, Abuja in the appropriate judicial division.

“Return date” means the day endorsed on a writ for the first appearance of
the parties before a Court or any other date as the court may appoint and in the
case of the undefended list it is the day fixed for hearing.

"Taxing Officer" means the Chief Registrar or such other officer of the court
as the court may appoint to tax costs.

3
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

“Walk in Cases” means disputes filed directly at AMDC with the objective of
resolving same through any of the Courthouse Multi Doors to the exclusion of
Arbitration.

ORDER 2
Form and commencement of action

Mode of 1. Subject to the provisions of any enactment or rules of Court, civil proceedings
commencing
Proceedings may be begun by writ, originating summons, originating motion or petition.

Proceedings to
2. (1) The under listed proceedings shall be commenced by writ except any
commence by applicable law requires that the proceedings shall be begun otherwise, than by
writ writ:
a. Proceedings in which claimant claims:

(i) Any relief or remedy for any civil wrong or

(ii) Damages for breach of duty, whether contractual,
statutory or otherwise, or
(iii) Damages for personal injuries to or wrongful death of
any person, or in respect of damage or injury to any
person, or in respect of damage or injury to any
property.

b. Where the claim is based on or includes an allegation of fraud,

or
c. Where an interested person claims a declaration.

Documents (2) All civil proceedings commenced by writ of summons shall be

Accompanying accompanied by:
writ

(a) Statement of claim.

(b) List of witness(es) to be called at the trial,
(c) Written statements on oath of the witnesses, except a
subpoenaed witness,
(d) Copies of every document to be relied on at the trial and
Pre-action (e) Certificate of pre-action counselling; as in Form 6.
counseling -
Civil Form 6
(3)The claimant shall provide as many copies of the processes listed in (a) –
(e) above for the use of the Court and as there are defendants to be served.
(4)Where a claimant fails to comply with rules (2) and (3) above, his
originating process shall not be accepted for filing by the registry
Form of Writ
(5) Except in the cases in which different forms are provided in these rules,
Civil Forms the writ of summons shall be as in Form 1 with such modifications or
1, 33 variations as circumstances may require as in Form 33 (Fast Track).

4
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018
Form of Writ for
(6) A writ of summons to be served out of Nigeria shall be as in Form 2 with Service out of
such modifications or variations as circumstances may require. Nigeria
Civil Form 2

3. (1) Any person claiming to be interested under a deed, will, enactment or Proceedings
that may be
other written instrument may apply by originating summons for the begun by
determination of any question of construction arising under the instrument and Originating
for a declaration of the rights of the persons interested. Summons

(2)Any person claiming any legal or equitable right in a case where the Construction of an
determination of the question whether he is entitled to the right depends upon enactment
a question of construction of an enactment, may apply by originating
summons for the determination of such question of construction and for a
declaration as to the right claimed.
(3)The court shall not be bound to determine any such question of Discretion of the
construction if in its opinion it ought not to be determined on originating court
summons but may make any such orders as it deems fit. Forms of
(4)An originating summons shall be as in the Forms 3, 4 or 5 to these rules, Originating
with such variations as circumstances may require. It shall be prepared by the Summons
Civil Forms 3, 4, 5
applicant or his legal practitioner, and shall be sealed and filed in the registry,
and when so sealed and filed shall be deemed to be issued.
(5) An originating summons shall be accompanied by:

(a) An affidavit setting out the facts relied upon; Documents

Accompanying
(b) All the exhibits to be relied upon; Originating
(c) A written address in support of the application; Summons
(d) Certificate of pre-action counselling.

(6) The claimant shall provide as many copies of the processes listed in (a) –
(d) above for the use of the Court and as there are defendants to be served.
(7) Where the Applicant fails to comply with rules (5) and (6) above, his Penalty for non-
compliance
originating process shall not be accepted for filing by the Registrar
Service outside
4. Subject to the provision of the Sheriffs and Civil Process Act, a writ of Federal Capital
summons or other originating process issued by the court for service in Territory, Abuja
Nigeria outside the FCT shall be endorsed by the Registrar of the court with
the following notice:

"This summons (or as the case may be) is to be Served out of the Federal
Capital Territory, Abuja and in the …………….state".

5. (1) The registrar shall indicate the date and time of presentation for filing on Endorsement of
every originating process presented to him and shall arrange for service to be date
effected.
(2) An originating process shall not be altered after it is sealed except upon an
application to the court.

6. Proceedings may be commenced by originating motion or petition where these Proceedings to be

commenced by
Rules or any written Law provide motion or petition

5
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Screening for 7. All originating processes shall upon acceptance for filing by the registry be
ADR screened for suitability for ADR, and where it is considered appropriate, the
chief judge may refer the case to:
(1) The Abuja Multi Door Court House.
(2) Or other appropriate ADR institutions or practitioners in accordance with
the practice directions that shall from time to time be issued by the chief judge
of Abuja.

8. A certificate of pre-action counseling signed by counsel and the litigant shall

Certificate of
pre-action
be filed along with the originating processes where proceedings are initiated
counseling by counsel, showing that the parties have been appropriately advised as to the
relative strength or weakness of their respective cases, and the counsel shall
be personally liable to pay the costs of the proceedings where it turns out to be
Civil Form 6 frivolous, as in Form 6.

Affixing of NBA 9. All processes filed at the Registry, shall bear the seal of the Counsel filing the
Seal by Counsel
on Court
suit as provided by the Nigerian Bar Association, showing that the Counsel is
processes fully enrolled as a legal practitioner and qualified to practice in Nigeria.

ORDER 3
Place of Institution and Trial of Suits

Subject to the provisions of the FCT High Court Act on transfer of suits, the place for
trial shall be regulated as follows:

Suits relating to
1. All suit relating to land or any mortgage or charge on land or any interest in
land and land, or any inquiry or damage to land and actions relating to personal
property property distrained or seized for any cause, may be commenced and
distrained or
seized determined in the judicial division in which the land is situated, or the
distraint or seizure took place.

Suits for recovery 2. All actions for recovery of penalties, forfeitures, and all actions against public
of penalties, officers may be commenced and tried in the judicial division in which the
forfeitures and
against public cause of action arose.
officers
3. All suits for the specific performance, or upon the breach of any contract, may
Suits upon be commenced and determined in the judicial division in which such contract
contracts ought to have been performed or in which the defendant resides or carries on
business.

4. (1) All other suits may be commenced and determined in the judicial division
Other suits in which the defendant resides or carries on business.
(2)Where there are several defendants who reside or carry on business in
different judicial divisions, the suit may be commenced in any one of those
judicial divisions subject to any order or direction the court may make or
gives as to the most convenient venue for trial of the suit.

6
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

5. Suits and interlocutory applications may be filed and served by Counsel vide Electronic service
electronic means. The Chief Judge shall issue practice directions for the
modalities and operation of electronically filed processes.
Suits
6. If any suit is commenced in the wrong judicial division, it may be tried in that commenced in
division unless the chief judge otherwise directs. wrong judicial
division

ORDER 4
Endorsement of Claim and Address

1. Every originating process shall contain a concise summary of the claim, the Summary of
relief or remedy sought and the full names and address of the Claimant and claim, particulars
of parties
the Defendant(s).
Endorsement to
2. Where a claimant sues, or the defendant or any of several defendants is sued show
in a representative capacity, the originating process shall state that capacity. representative
capacity

3. In probate actions the originating process shall state whether a claimant Probate action
claims as creditor, executor, administrator, beneficiary, next of kin or in any
other capacity.

4. (1) Where the claim is for debt or liquidated demand only, the originating Endorsement for
process shall state the amount claimed for debt or in respect of such demand liquidated
demand
with costs and shall further state that the defendant may pay the amount with
costs to the claimant’s legal practitioner within the time allowed for
appearance and that upon such payment the Proceedings shall terminate.
(2) The defendant may notwithstanding payment under this rule, have the cost
taxed and if more than one sixth of the cost shall be disallowed, the claimant’s
legal practitioner shall pay the cost of taxation.
Endorsement for
5. In all cases where a claimant in the first instance desires to have an account an account
taken, the originating process shall so state.

6. (1) A claimant suing in person shall state on the originating process his Endorsement of
address for service. If he lives and carries on business outside the jurisdiction address by
claimant or legal
he shall state an address within the jurisdiction as his address for service. practitioner
(2) Where a claimant sues through a legal practitioner, the legal practitioner
shall state on the originating process his address for service. If the legal
practitioner is based outside the jurisdiction, he shall state an address within
the jurisdiction as his address for service, telephone number(s) and email
address.

7. Where an originating process is to be served on a defendant outside the Endorsement of

address
jurisdiction the process shall state the address as provided in rule 6 of this
Order.
7
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

8. Where the originating process does not state an address for service, it shall not
Consequence of be accepted by the Registrar and if any such address is illusory, fictitious or
non-disclosure
and invalid misleading, the Court may on the application of the defendant set aside the
address process.

Status quo 9. Every Originating process shall contain an endorsement by the Registrar that
Forms 1, 2, 3, 4, 5. parties maintain status quo until otherwise ordered by the Court.

ORDER 5
Effect of non-compliance

1. (1)Where in beginning or purporting to begin any proceedings there has by

Non-compliance
with rules reason of anything done or left undone, been a failure to comply with the
requirements of these rules, such failure shall not nullify the proceedings.
(2)Where 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 as to time, place, manner, or form, such failure may be
treated as an irregularity. The court may give any direction as he thinks fit to
regularise such steps.
(3) The court shall not wholly set aside any proceedings or writ or other
originating process by which they were begun on the ground that the
proceedings were required by any of this Rules to be begun by an originating
process other than the one used.

2. (1)An application to set aside for irregularity any step taken in the course of
Setting aside for any proceedings may be allowed where it is made within a reasonable time
irregularity and before the party applying has taken any fresh step after becoming aware
of the irregularity.
(2) An application under this rule may be made by summons or motion and
the grounds of objection shall be stated.

ORDER 6
Issue of originating process
Originating
process to be 1. Originating process shall be prepared by a claimant or his legal practitioner,
printed on A4 and shall be clearly printed on A4 good quality paper.
paper

Sealing of 2. (1) The registrar shall seal every originating process and it shall be deemed to
originating be issued.
process
(2)The claimant shall provide as many copies of the originating processes
filed for the use of the Court and for service on the defendant(s).
(3)Each copy shall be signed by the legal practitioner or by a claimant where
he sues in person and shall be certified after verification by the registrar as
being a true copy of the process filed.
Procedure
after sealing
3. The registrar shall after sealing an originating process:
8
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(a) Open a file;

(b)State in the file the number of copies supplied by the claimant;
(c)Endorse on the file the suit number, parties and date of filing, and
(d)Enter in the cause book (c) above

4. The registrar shall promptly effect or cause to be effected by personal service Copies to be
of the originating process and accompanying documents duly certified on served
each defendant as provided under rule 2 (3) of this Order.
Affidavit
5. The originating process in probate actions shall be accompanied by an accompanying
affidavit sworn to by a claimant or one of several claimants verifying the probate action
contents of the process.

6. (1) The life span of every originating process shall be 6 months. Renewal of
(2)Where a Court is satisfied that it has proved impossible to serve an originating
process
originating process on any defendant within its life span and a claimant
applied before its expiration for renewal of the process, the Court may renew
the original or concurrent process for three months from the date of such Civil form 7
renewal. A renewed originating process shall be as in Form 7 with such
modifications or variations as circumstances may require.

7. The Court may order two renewals in each case strictly for good cause and Endorsement of
upon prompt application, provided that no originating process shall be in force renewal
for longer than a total of nine months. The chief registrar shall state the fact,
date, and duration of renewal on every renewed originating process.

8. Where an originating process is lost after issue, the Court may accept copy of Loss of originating
the certified process in place of the lost one. process

9. (a) An originating process for service within jurisdiction may be issued and Concurrent
marked as a concurrent originating process with one for service within and originating
process and
for service outside jurisdiction. service
(b) A claimant may at the issuance of an originating process or at any time
during its life span, cause to be issued one or more concurrent originating
processes each to bear the same date as the initial process marked
"CONCURRENT" and have stated on it the date of issue.

ORDER 7
Service of processes

1. (1) Service of originating process shall be made by a Sheriff, Deputy Sheriff,

Bailiff, Special Marshal or other officer of the court. The Chief Judge may Persons to serve
also appoint and register any law chambers, courier companies or any other originating
process
person or by electronic means mutually agreed to serve court processes.
(2) Any person or corporate body serving a process pursuant to sub rule 1
above shall have the privileges and liabilities of an officer of the Court. The
expenses of such special service shall be defrayed by the party on whose
9
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

application he is appointed unless the Court in any case sees reason to vary
this rule.
(3) Where a party is represented by a legal practitioner service of court
process of which personal service is not required may be made on such legal
practitioner or on a person under his control.

How to effect 2. An officer of court or process server shall serve an originating process by
service delivering to the party to be served a copy of the process duly certified as
provided by Order 6 Rule 2(3).

Service on legal
3. No personal service of an originating process shall be required where the
practitioner defendant has authorized his legal practitioner in writing to accept service and
such legal practitioner enters appearance.

4. All processes for which personal service is not expressly required by these
Mode of service
rules or any applicable law either on an individual, company or business shall
when not be sufficiently served if left with an adult person resident or employed at the
personal address for service given under Order 4 Rule 6 or if served by any other
means as the court may order.

5. (1) Where a person under legal disability is a defendant, service on his

Person under guardian shall be deemed good and sufficient personal service, unless the
legal disability court otherwise orders.
Provided that personal service on a minor who is over 16 years of age living
independently or doing business is good and sufficient.
(2) The court may order that personal service on a person under legal
disability shall be deemed good and sufficient.

6. Where a detainee or prisoner is a defendant, service on the head or other

Prisoner or officer in charge of the station, facility or prison where the defendant is, or on
Detainee
an officer of the agency in charge of the station, facility or prison shall be
deemed good and sufficient personal service on the defendant.

7. (1) Where persons are sued as partners in the name of their firm, the
Partners originating process shall be served upon any one or more of the partners at the
place of business within the jurisdiction or upon any person having control or
management of the firm.
(2)The service of the originating process shall be deemed good service upon
the firm whether any of the members are out of the jurisdiction or not and no
leave to serve an originating process against them shall be necessary:
(3)Where a firm has been dissolved to the knowledge of the claimant before
the commencement of the action, the originating process shall be served upon
every person within the jurisdiction sought to be made liable.

8. Subject to any statutory provision regulating service on a registered company,

Corporation or corporation or body corporate, every originating process requiring personal
company service may be served on a registered company, corporation or body

10
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

corporate, by delivery at the head office or any other place of business of the
organisation within the jurisdiction of the Court.

9. (1) Where the suit is against a foreign corporation or company within the
meaning of section 54 of the Companies and Allied Matter Act having an Foreign
office and carrying on business within the jurisdiction, and such suit is limited Corporation or
to a cause of action which arose within the jurisdiction, the originating Company

process or other documents requiring personal service may be served on the

principal officer, representative or by leaving it at the place of business of
such foreign corporation or company within the jurisdiction:
(2) Where a foreign corporation or company has complied with the
provisions of Chapter 3 of the Companies and Allied Matters Act, personal
service shall be effected on one of the persons authorized to accept service on
behalf of the said company.

10. Where a contract has been entered into within the jurisdiction by or through Legal agent of
an agent residing or carrying on business within the jurisdiction on behalf of a principal who is
out of jurisdiction
principal residing or carrying on business out of the jurisdiction, an
originating process in an action relating to or arising out of such contract may,
before the determination of such agent’s authority or of his business relations
with the principal be served on such agent. A copy of the originating process
shall be sent promptly by the claimant to the defendant at his address out of
the jurisdiction.

11. (1) Where service of an originating process is required by this Rules or any
other enactment and the court is satisfied that prompt service cannot be Substituted
service
effected, the court may upon application by the claimant make such order for
substituted service as may seem just.
(2) Every application to the court for substituted or other service, or for
the substitution of notice for service shall be supported by an affidavit setting
forth the grounds upon which the application is made.
Where it appears to the court (either after or without an attempt at service)
that for any reason prompt service cannot be conveniently effected, the court
may order that service be effected either by:

(a) delivery of the document to some adult inmate at the usual

or last known place of abode or business of the person to
be served; or
(b) delivery to some person being an agent of the person to be
served, or to some other person, on it being proved that
there is reasonable probability that the document would in
the ordinary course, through that agent or other person,
come to the knowledge of the person to be served; or
(c) advertisement in the Federal Gazette, or in some
newspaper circulating within the jurisdiction; or
(d) notice put up at the principal court house, or some other
place of public resort in the judicial division wherein the
proceeding in respect of which the service is made is
11
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

instituted, or at the usual or last known place of abode, or

of business, of the person to be served.
(e) (i) E-mail or any other scientific device now known or
Substituted
service by email later developed and courier service or any other means
convenient to the Court.
(ii) Provided service by email is contemplated by parties
in a written agreement or subsequently agreed by Counsel
in the course of proceedings.

12. Where a person to be served, alone or in concert with others, resists service or
Where violence is
threatened
applies or threatens violence to the process server, the process server may
leave the process within the reach of person to be served, and this shall be
deemed good and sufficient service.

13. (1) The process server shall after serving any process promptly depose to and
Proof of service
generally
file an affidavit setting out the fact, date, time, place and mode of service,
describing the process served and shall exhibit the acknowledgment of
service.
(2) Proof of service by email shall be evidenced by an affidavit with a printout
of an email notifier attached thereto.
(3)The affidavit shall be prima facie proof of service.

14. (1) The party requiring service of any process shall pay in advance all costs
Expenses of and expenses incidental to service.
service (2) The costs and expenses for service shall be as directed by the Chief Judge
in Practice Directions from time to time.

15. (1) Service of originating and other processes, shall be effected between the
Time of service hours of 6am and 6pm provided that where service is effected after 6pm, such
on certain days service will be deemed to have been effected on the next service day.
(2)Service shall not be effected on a Sunday or on a public holiday save in
exceptional circumstances as may be authorized by the Court.
Service of 16. Where parties are represented by counsel, advance copies of processes other
advance copies
via email than originating process may be served by email.
Service of
hearing notices
17. The court may serve hearing notices via email and/or SMS except as
via email otherwise directed by the judge.

18. (1) The Registrar shall keep a register in such form as the Chief Judge may
direct for recording service of processes by any process server. The Registrar
Recording of
service shall record the names of the clamant and defendant, the method of service,
and the manner used to ascertain that the right person was served.
(2) Where any process was not served, the cause of failure shall be recorded
in the register. Every entry in the register or certified copy shall be prima facie
evidence of such matters.
(3) Such service shall be supported by a written (notify) report, a copy of
which shall be kept in the court register referred to rule 18(1).
12
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 8
Service Outside Nigeria and Service of Foreign Process

1. The court may allow any originating or other process to be served outside Where service of
Nigeria where; process is
allowed outside
Nigeria
(a) The subject matter of the claim is land situated within jurisdiction, or
(b) Any act, deed, will, contract, obligation, or liability affecting land or
hereditaments situated within jurisdiction, is sought to be construed, rectified,
set aside or enforced, or
(c) Any relief is sought against any person domiciled or ordinarily resident
within jurisdiction, or
(d) The claim is for administration of the personal estate of any deceased
person, who at the time of his death was domiciled within jurisdiction or for
the execution (as to property situated within jurisdiction) of the trusts or any
written instrument, which ought to be executed according to an Act of the
National Assembly, or

(e) The claim is brought against the defendant to enforce, rescind, dissolve,
annul or otherwise affect a contract or to recover damages or other relief for
or in respect of a contract;

(i) Made within jurisdiction, or

(ii) Made by or through an agent residing or carrying on business within
jurisdiction on behalf of a principal residing or carrying on business
outside jurisdiction, or
(iii) Which by its terms or by implication is to be governed by the
applicable law in the FCT, or parties have agreed that the court shall
have jurisdiction to entertain any claim in respect of such contract, or
is brought against the defendant in respect of a breach committed
within jurisdiction, of a contract wherever made notwithstanding that
such breach was preceded or accompanied by a breach out of
jurisdiction which rendered impossible the performance of the contract
which ought to have been performed within jurisdiction.

(f) The claim is founded on a tort committed within jurisdiction, or

(g) An injunction is sought as to anything to be done or any nuisance within
jurisdiction is sought to be prevented or removed, whether or not damages are
sought or
(h)Any person out of the jurisdiction is a necessary or proper party to an
action properly brought against some other person duly served within
jurisdiction, or
(i) The claim is by a mortgagee or mortgagor in relation to a mortgaged
property situated within jurisdiction and seeks relief of the nature or kind
following, that is; sale, foreclosure, delivery of possession by the mortgagor;
redemption, reconveyance, delivery of possession by the mortgagee; but does
not seek (unless and expect so far as permissible under paragraph (e) of this

13
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

rule) any judgement or order for payment of any monies due under the
mortgage, or
(j) The proceedings relate to a person under legal disability, or
(k) The proceedings relate to probate matters, or
(l) Where any proceedings under any law or rule of court have been instituted
by any originating process.

2. Where parties have by their contract prescribed the mode or place of service,
Agreement as to
service
or the person that may serve or the person who may be served any process in
any claim arising out of the contract, service as prescribed in the contract shall
be deemed good and sufficient service.

Service abroad by 3. Where leave is granted to serve an originating process in any foreign country
letter of request with which no convention in that behalf has been made, the following
procedure may be adopted;

(a) The process to be served shall be sealed with the seal of the court for
service outside Nigeria, and shall be transmitted to the Solicitor General of
the Federation by the Chief Registrar, with a copy translated, if not in
English, into the language of that country and with a request for its further
transmission to the appropriate authority. The request shall be as in Form
Civil Form 8
8 with such modifications or variations as circumstances may require;
(b) A party wishing to serve a process under this rule shall file a praecipe as in
Civil Form 9 Form 9 with such modifications or variations as circumstances may require;
(c) A certificate, declaration, affidavit or other notification of service
transmitted to the court through diplomatic channels by a court or other
appropriate authority of the foreign country, shall be deemed good and
sufficient proof of service;
(d) Where a certificate, declaration, affidavit or other notification transmitted
as aforesaid states that efforts to serve a process have failed, the court may, on
an exparte application, order substituted service. The process, a copy, the rder
Civil Form 10
for substituted service, and a request as in Form 10 with such modifications or
variations as circumstances may require shall be sealed and transmitted to the
Solicitor General of the Federation;
Notwithstanding the foregoing provision a claimant may with leave of court
serve any originating process by courier.

These provisions shall not affect the powers of a court in cases (the court)
where lands, funds, chooses in action, rights or property within jurisdiction
are sought to be dealt with or affected. The court may, without assuming
jurisdiction, over any person outside jurisdiction, cause such person to be
informed of the nature or existence of the proceedings with a view to such
person having an opportunity of claiming, opposing or otherwise intervening.

Where leave is not 4. (1) where leave is granted or is not required in a civil suit and it is desired to
granted or not serve any process in a foreign country with which a convention in that behalf
required
has been made, the following procedure shall subject to any special provision
contained in the convention, be adopted.
14
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(a) The party desiring such service shall file in the registry a request as in
Form 11 with such modifications or variations as circumstances may require Civil Form 11
and the request shall state the medium through which it is desired that service
shall be effected, either;
(i) Directly through diplomatic channels or
(ii) Through the foreign judicial authority;
(b) The request shall be accompanied by the original document and a
translation in the language of the country in which service is to be effected,
certified by or on behalf of the person making the request, and a copy of each
for every person to be served and any further copies which the convention
may require (unless the service is require to be made on a Nigerian subject
directly through diplomatic channels in which case the translation and copies
need not accompany the request unless the convention expressly requires that
they should do so);
(c) The documents to be served shall be sealed with the seal of the court for
use out of the jurisdiction and shall be forwarded by the chief registrar to the
permanent secretary, federal ministry of foreign affairs for onward
transmission to the foreign country;
(d) An official certificate, transmitted through the Nigerian diplomatic agent
to the court, establishing the fact and the date of the service of the document,
shall be deemed to be sufficient proof of service within the requirements of
these rules.

(2) The court, in granting leave to serve a process out of jurisdiction under
this order, may upon request therefore in appropriate case direct that courier
shall be used by the party effecting service.

5. Where in any civil or commercial matter pending before a court or tribunal of Service of
a foreign country a letter of request from such court or tribunal for service on foreign process
any person or citation in such matter is transmitted to the court by the
Attorney-General of the Federation stating that it is desirable that effect be
given to it, the following procedure shall be adopted:
(a) The letter of request for service shall be accompanied by two copies of the
process or citation in English and two translated copies to be served.
(b) Service of the process or citation shall be effected by a process server
unless the court otherwise directs;
(c) Service shall be effected by delivering to and leaving with the person to be
served a copy of the process or citation, and a translated copy in accordance
with the rules and practice of the court.
(d) The process server shall file an affidavit of service after service has been
effected which shall include particulars of charges for the cost of effecting the
service. The affidavit shall be transmitted to the chief registrar with one copy
of the process annexed;
(e)The registrar shall examine and verify the particulars of charges, approve
or vary it (a lesser figure),
(f) The chief judge shall forward to the Attorney- General a letter of request
for service, the approved amount for service, evidence of service and a
certificate appended to it.
15
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

6. Rule 4 of this order shall not apply to or render invalid, defective or

Inapplicability of
Rule 4
insufficient any otherwise valid or sufficient mode of service in any foreign
country with which a convention has been made, provided that no mode of
service expressly excluded by the convention shall be allowed.

7. Where in any civil suit pending before a court or tribunal in a foreign country
with which a convention in that behalf has been made, request for service of
Service on behalf
of foreign
any process or document on any person within the jurisdiction is received by
tribunals the chief judge from the appropriate authority in that country, the following
procedure shall, subject to any special provisions in the convention, be
adopted;

(a) The process server shall deliver the original or a copy, along with a copy
of its translation to the party to be served;
(b) The process server shall submit the particulars of the costs and expenses of
service to the registrar who shall certify the amount payable for service;
(c) The registrar shall transmit to the appropriate foreign authority a certificate
establishing the fact and date of service, or indicate reasons for failure to
serve, and notify the authority of the amount certified under paragraph (b) of
this rule.
Substituted
service of foreign 8. In appropriate cases, upon application, a court may order substituted or other
process
service of the foreign process.

ORDER 9
Appearance

Mode of entering 1. (1) A defendant served with an originating process shall, within the period
appearance and prescribed for appearance, file in the registry as many copies of the
service
completed and signed memorandum of appearance as in Form 12 with such
Civil Form 12 modifications or variations as circumstances may require for the use of the
court and for service on the other parties.
(2) The registrar shall, on receipt of the memorandum of appearance, make an
entry and stamp the copy with the seal showing the date he received it and
return the sealed copy to the person making the appearance.
(3) A defendant entering appearance shall within 7 days, serve a sealed copy
of the memorandum of appearance on a claimant’s legal practitioner or on the
claimant if he sues in person and on any other defendants. The memorandum
shall in addition to any other endorsement required by these rules include the
defendant’s email address and telephone number.
Defendant 2. (1) A defendant appearing in person shall state in the memorandum of
appearing in
person or appearance an address for service within FCT.
represented by (2) Where a defendant appears by a legal practitioner, the legal practitioner
legal practitioner
shall state in the memorandum of appearance his place of business, an address
for service within FCT , his telephone(s) and email address and where any

16
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

such legal practitioner is only the agent of another legal practitioner he shall
also state the name and place of business of the principal legal practitioner.

3. The registrar shall not accept any memorandum of appearance which does not
contain an address for service. If any such address is illusory, fictitious or Fictitious address
misleading, the appearance may be set aside by the court on the application of
a claimant or other parties.
Defendants
4. If two or more defendants in the same action appear through the same legal appearing
practitioner the memorandum of appearance shall include the names of all the through same
defendants appearing. legal practitioner

5. If a defendant files an appearance after the time prescribed in the originating Penalty for late
process, he shall be bound by the provisions of Order 56 Rule 10 or any appearance
amount that the chief Judge may determine from time to time for each day of
default.

6. In probate matters any person not named in the originating process may Intervener
intervene and appear in the matter on filing an affidavit showing his interest in in probate
matters
the estate of the deceased.

7. Any person not named as a defendant in an originating process for recovery of Recovery of land
land may with leave of the court appear and defend, on filing an affidavit
showing that he is in possession of the land either by himself or through his
tenant.

8. Any person appearing to defend an action for the recovery of land as a

Landlord
landlord, in respect of property of which he is in possession only through his appearance
tenant, shall state in his memorandum of appearance that he appears as
landlord.
Appearance by
9. A person under legal disability shall enter an appearance by his guardian. person under
legal disability
10. In this order the word "Tenant" includes a sub-tenant or any person occupying
any premises whether on payment of rent or otherwise. Tenant

ORDER 10
Default of Appearance

1. Where an appearance has not been entered for a person under legal disability, Default of
appearance by
a claimant shall apply to the court for an order that a person be appointed person under
guardian for such defendant and when appointed the person may appear legal disability
and defend. The application shall be made after service of the originating
process and notice of the application shall be served on the person
intended to be appointed the guardian of the defendant.

17
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Default of 2. Where any defendant fails to appear, a claimant may proceed upon proof of
appearance service of the originating process under the appropriate provisions of these
Rules.

3. Where the claim in the originating process is a liquidated demand and a

Liquidated defendant or any of the defendants fail to appear, a claimant may apply to the
demand court for judgement on the claim in the originating process or such lesser sum
and interest as the court may order.

4. Where the claim in the originating process is a liquidated demand and there
Liquidated are several defendants of whom one or more appear to the process and another
demand or others fail to appear, a claimant may apply to the court for judgment
several
defendants against those who have not appeared and may execute the judgment without
prejudice to his right to proceed with the action against those who have
appeared.

5. Where the claim in the originating process is for pecuniary damages, or for
Judgment in detention of goods with or without a claim for pecuniary damages, and the
default of defendant or any of the defendants fail to appear, a claimant may apply to the
appearance
court for judgment. The value of the goods and the damages or the damages
only as the case may be shall be ascertained in such manner and subject to the
filing of such particulars as the court may direct before judgment for that part
of the claim.

6. Where the claim in the originating process is as provided in rule 5 of this

Several Order and there are several defendants, judgement may be entered against the
defendants defendant in default of appearance. The value of the goods and the damages
only as the case may be shall ascertained in such manner and subject to filing
such particulars as the court may direct before judgment for that part of the
claim.

Detention of 7. Where the claim in the originating process is for pecuniary damages or for
goods
damages and
detention of goods with or without a claim for pecuniary damages and
liquidated includes a liquidated demand and any of the defendants fail to appear, a
demand claimant may apply to the court for judgment. The value of the goods and the
damages, or damages only as the case may be shall be ascertained in such
manner and subject to the filing of such particulars as the court may direct
before judgment in respect of that part of the claim.

Recovery of 8. If an appearance is not entered within the time prescribed in the originating
land
process in a claim for recovery or if appearance is entered but the defence is
limited to part only, a claimant may apply to the court for judgment stating
that the person whose title is asserted in the originating process shall recover
possession of the land, or of that part of it to which the defence does not
apply.

9. Where in an originating process for recovery of land a claimant claims mesne

Mesne profit
profits, arrears of rent, damages for breach of contract or wrong or injury to
18
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

the premises, he may apply for judgment as in rule 8 of this order for the land,
and may proceed to prove the other claims.

10. In any case to which rules 3 - 8 of this order do not apply and the defendant or
any of the defendants fails to appear, but by reason of payment, satisfaction,
abatement of nuisance, or any other reason, it is unnecessary for a claimant to Judgment for costs
upon payments
proceed, he may apply to the court for judgment for costs; but such
application shall be filed and served in the manner in which service of the
originating process was effected or in such manner as the court shall direct.

11. Where judgment is entered under any of the preceding rules of this order, the Setting aside
court may on an application by the defendant set aside or vary such judgment judgment

on terms. The application shall be made within a reasonable time, showing

evidence of payment of penalty, a good defence to the claim and a reasonable
cause for the default.

12. In all claims not specifically provided for under this order, where the party Default of
appearance in
served with the originating process does not appear within the time actions not
prescribed, a claimant may proceed as if appearance had been entered. specifically
provided for

13. Notice of any application under this order shall be served on the other party. Compulsory service

ORDER 11
Summary Judgment

1. Where a claimant believes that there is no defence to his claim, he shall file Application for
with his originating process the statement of claim, the exhibits, the summary judgment
depositions of his witnesses and an application for summary judgment which
application shall be supported by an affidavit stating the grounds for his belief
and a written brief in support of the application.

2. A claimant shall deliver to the registrar as many copies of the processes and Extra copies of
documents as referred to in Rule 1 of this Order for the use of the court and process

service on the defendants.

3. Service of processes and documents referred to in Rule 1 of this Order shall Service
be effected in the manner provided under Order 7.

4. Where a party served with the processes and documents referred to in Rule 1 Where defendant
of this Order intends to defend the suit he shall, not later than the time intends to defend
prescribed for defence, file:
(a) His statement of defence;
(b) Depositions of his witnesses;
(c) The exhibits to be used in his defence;
(d) Counter affidavit; and
(e) A written brief in reply to the application for summary judgment.

19
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

5. (1) Where it appears to the court that a defendant has a good defence and
Defence
ought to be permitted to defend the claim he may be granted leave to defend.
(2) Where it appears to the court that the defendant has no good defence the
court may enter judgment for a claimant.
(3) Where it appears to the court that the defendant has a good defence to part
of the claim, the court may enter judgment for that part of the claim and grant
leave to defend that part to which there is a defence.

6. Where there are several defendants and it appears to the court that any of the
Several
defendants defendants has a good defence and ought to be permitted to defend the claim
and other defendants have no good defence and ought not to be permitted to
defend the former may be permitted to defend and the court shall enter
judgment against the latter.

Oral submission 7. Where provision is made for written briefs under this rule, each party shall be
at liberty to advance before the court oral submission to expatiate his written
brief.

ORDER 12
Application for Account and Inquiries

Application for
1. Where in an originating process a claimant seeks an account under order 4
account Rule 5 or where the claim involves taking an account, if the defendant either
fails to appear, or after appearance fails to satisfy the court that there is a
preliminary question to be tried, the court shall, on application make an order
for the proper accounts, with all necessary inquiries and directions.

2. An application for account shall be supported by an affidavit filed on a

How application claimant’s behalf, stating concisely the grounds of his claim to an account.
is made
The application may be made at any time after the time prescribed for
defence.

Order for an 3. Where an order is made for account under this order, the account may be
account taken by the court or a referee appointed by the court.

4. (1) Where an account has been ordered to be taken, the accounting party shall
Account to be
made verified,
make out his account and unless the Court otherwise directs, verify it by an
etc affidavit to which the account shall be exhibited.
(2)The items on each side of the account shall be numbered consecutively.
(3)Unless the order for the taking of the account otherwise directs, the
accounting party shall lodge the account with the court and shall at the same
time notify the other parties that he has done so and of the filing of any
affidavit verifying the account and of any supporting affidavit.

Erroneous 5. Any party who seeks to charge an accounting party with an amount beyond
account that which he has by his account admitted to have received or who alleges that
20
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

any item in his account is erroneous in respect of amount or any other respect
shall give him notice thereof stating, so far as he is able, the amount sought to
be charged with brief particulars thereof or to back as the case may be, the
grounds for alleging that the item is erroneous.

6. In taking any account directed by any judgment or order, all just allowance Allowances
shall be made without any direction to that effect.

7. (1) If it appears to the court that there is undue delay in the prosecution of any Delay in
account or inquiry, or in any other proceedings under any judgment or order, prosecution of
account, etc
the Court may require the party having the conduct of the proceedings or any
other party to explain the delay and may then make such order for staying the
proceedings or expediting them or for the conduct thereof and for costs as the
circumstances require.
(2) The Court may direct any person or legal practitioner to take over the
conduct of proceeding in question and to carry-out any direct made by an
order under this rule and may make such orders as it thinks fit as to the
payment of legal practitioner’s costs.

8. Where some of the persons entitled to share in a fund are ascertained, and Distribution of
fund before all
difficulty or delay has occurred or is likely to occur in ascertaining the other entitled
persons so entitled, the Court may order or allow immediate payment of their persons are
ascertained
shares to the persons ascertained without reserving any part of the shares to
meet the subsequent costs of ascertaining those other persons.

ORDER 13
I. Parties Generally

1. All persons may be joined in one action as claimants in whom any right to Joints or
relief is alleged to exist whether jointly or severally and judgment may be several claims
given for such claimant(s) as they may be found to be entitled to, without any
amendment.

2. Where an action has been commenced in the name of the wrong person as Action in the
claimant or where it is doubtful whether it has been commenced in the name name of
wrong
of the right claimant, the court may order the substitution or addition of any claimant
other person as claimant on such terms as may be just.

3. Where in commencing an action any person has been wrongly or improperly

Misjoinder and
included as a claimant and a defendant has set up a counterclaim or set-off, counter-
such defendant may establish his set-off or counterclaim as against the parties claimant
other than a claimant so included, notwithstanding the inclusion of such
claimant or any proceeding based on it

4. Any person may be joined as defendant against whom the right to any relief is Any person as
alleged to exist, whether jointly, severally or in the alternative. Judgment may defendant

21
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

be given against one or more of the defendants as may be found to be liable,

according to their respective liabilities, without any amendment.

5. Where an action has been instituted against a wrong defendant or where the
Action against
a wrong
name of a defendant has been incorrectly stated, the court may upon
defendant application order a substitution or addition of any person as defendant or
correction of any such name on any term as may be just.

6. (1) It shall not be necessary for every defendant to be interested in the relief
Defendant
need not be
sought in every cause of action included in any proceeding against him.
interested in all (2) The court upon considering the defence filed by any defendant, may on
the reliefs application by that defendant make such order as may appear just, to prevent
him from being embarrassed, put to expense, attend or defend any
proceedings in which he may have no interest.

Joinder of 7. A claimant may at his option join as parties to the same action, all or any of
persons the persons severally or jointly and severally, liable on any contract, including
parties to bills of exchange and promissory notes.

Doubt as to the
8. Where a claimant is in doubt as to the person from whom he is entitled to
person from redress, he may, in accordance with this Rules, or as may be prescribed by
whom relief is any special order, join two or more defendants, so that the question as to
sought
which, if any, of the defendants is liable and to what extent, may be
determined as between all parties.

9. Where in land matters a claimant is unable to identify the person against who
Persons he claims, he may subject to the Rules of this court describe such a person as
unknown
a “person unknown”.

10. Such a Defendant under this Rule may by leave of court apply for the
Substitution of substitution of his name as a defendant in lieu of the reference to him as a
name “person Unknown”.

Person under 11. Persons under legal disability may sue or defend by their guardians or a
disability
guardian appointed for that purpose.

Guardian
12. Where the name of any person is to be used in any action as guardian of a
person under legal disability or other party or as relation, a written authority
for that purpose signed by that person shall be filed with the process.

13. (1) Trustees, executors and administrators may sue and be sued on behalf of
Trustees,
executors and
or as representing the property or estate of which they are trustees or
administrators representatives, without joining any of the persons beneficially interested in
the trust or estate, and shall be considered as representing such person.
(2) The court may, at any stage of the proceedings order any of such persons
to be made parties in addition to or in lieu of the previously existing parties.
(3) This rule shall apply to trustees, executors and administrators in
proceedings to enforce a security by foreclosure or otherwise.
22
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

14. (1) Where there are numerous person having the same interest in one suit, one Numerous
persons
or more of such persons may sue or be sued on behalf of or for the benefit of
all persons so interested.
(2) Where there are numerous persons having the same interest in one suit and
they seek to defend the action, the court may allow one or more of such
persons to defend the action on behalf or for the benefit of all persons so
interested.
Representation
15. (1) Where in any proceedings concerning; of persons or
(a) The administration of estate; or classes
(b) Property subject to a trust; or
(c) Land devolved under other interest as family or community
property; or
(d) The construction of any written instrument, including a statute; or
(e) Torts or any other class action the court is satisfied that;
(i) The person, the class or some members of the class
interested cannot be ascertained or readily be ascertained;
(ii) The person, the class or some members of the class
interested if ascertained cannot be found;
(iii) Though the person or the class and the members can be
ascertained and found; it is expedient for the purpose of
efficient procedure that one or more persons be appointed to
represent that person or class or member of the class, the court
may make the appointment. The decision of the court in the
proceedings shall be binding on the person or class of person
so represented.
(2) Notice of appointment made by the court under this rule and all processes
filed in court shall be served on a person(s) so appointed and published in a
National newspaper.
(3) If in any proceedings mentioned in sub-rule 1 of this rule, several persons
having the same interest in relation to the matter to be determined attend the
hearing by separate legal practitioners, then unless the court considers that the
circumstances justify separate representation, not more than one set of costs of
the hearing shall be allowed to these persons, and the judgment or order shall
be made accordingly.

16. Where in any proceedings mentioned in sub-rule (1) of rule 13 of this order, a Power to
compromise is proposed and some of the absent persons who are interested in approve
compromise
or may be affected by the compromise are not parties to the proceedings
(including unborn or unascertained persons) but where:

(i) There are some other persons having the same interest before the
court who assent to the compromise or on whose behalf the court
sanctions the compromise, or
(ii) The absent persons are represented by a person under rule 13 of
this order who so assents; the court if satisfied that the compromise
will be for the benefit of the absent persons and that it is expedient to
exercise this power, may approve the compromise and order that such
23
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

compromise shall be binding on the absent persons, and they shall be

bound accordingly, except where the order has been obtained by fraud
or non-disclosure of material facts.

Where there is
17. (1) If in any proceedings it appears to the court that any deceased person who
no personal was interested in the proceedings has no legal representative, the court may
representative proceed in the absence of any person representing the estate of the deceased
person, or may appoint some person to represent his estate for the purpose of
the proceeding, on such notice to such persons (if any) as the court shall think
fit, either specifically or generally by public advertisement. The order so made
and any order consequent thereon shall bind the estate of the deceased person
in the same manner in every respect as if a duly constituted legal
representative of the deceased had been a party to the proceedings.
(2) Where a party in a proceedings dies and the cause of action survives but
the person entitled to proceed fails to proceed, the court may on the
application of the legal practitioner of either party order any person to take the
place of the deceased and proceed with the suit.
(3) In default of such application or where the person substituted fails to
proceed, judgment may be entered for the defendant or as the case may be for
the person against whom the proceedings might have been continued.

Proceedings
18. (1) No proceedings shall be defeated by reason of misjoinder or nonjoinder of
not defeated parties, and the court may deal with the matter in controversy so far as regards
by misjoinder or the rights and interest of the parties actually before him.
nonjoinder
(2) The court may at any stage of the proceedings, either upon or without the
application of either party, and on such terms as may appear to the court to be
just, order that the names of any parties improperly joined be struck out.
(3) The court may order that the names of any party who ought to have been
joined or whose presence before the court is necessary to effectually and
completely adjudicate upon and settle the questions involved in the
proceedings be added.
(4) No person under legal disability shall be added as a claimant suing
without a guardian and no person shall be added as the guardian of a claimant
under legal disability without his own consent in writing.
(5) Every party whose name is added as defendant shall be served with the
originating processes or notice in the manner prescribed in this Rules or in
such manner as may be prescribed by the court and the proceedings against
such person shall be deemed to have begun on the service of such originating
processes or notice.

19. (1) Any application to add or strike out or substitute or vary the name of a
Application to
add or strike out
claimant or defendant may be made to the court by motion.
(2) Where the application is to add a claimant or a defendant, the application
shall be accompanied by the statement of claim or defence as the case may be,
all the exhibits intended to be used and the depositions of all the witnesses;
Except where the application is to substitute a deceased party with another
person in which case the application may not be accompanied by such
documents specified above.
24
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

20. Where a defendant is added or substituted the originating process shall be Where
defendant is
amended accordingly and the claimant shall unless otherwise ordered by the added
court file an amended originating process and cause the new defendant to be
served in the same manner as the original defendant.

21. (1) Where it appears to the court that any person not a party in the
Third parties may
proceedings may bear eventual liability either in whole or in part, the court be joined by any
may upon an exparte application allow that person to be joined as a Third of the parties
Party by any of the defendants. The application shall state the grounds for the
applicant’s belief that such third party may bear eventual liability.
(2) The order and existing processes shall be served on the third party within
the time prescribed for delivering the defence.

22. Where a party is joined to any proceeding as a third party he may after service Appearance by
third party
enter appearance within 8 days and not later than 35 days if he resides or
carries on business outside jurisdiction or within such further time as the court
may order.

23. If a third party duly served with the order and all processes does not enter an Default by third
party
appearance or defaults in filing any pleading, he shall be deemed to admit the
validity of and shall be bound by any judgment given in the action whether by
consent or otherwise.

24. Party joined as a third party in any proceedings may join any other party in Subsequent third
party
the same manner as he was joined and the expression "third party" shall apply
to and include every person so joined.

II. Actions against firms and persons carrying on business in names

other than their own.

25. Any two or more persons claiming or alleged to be liable as partners and Action by and
doing business within the jurisdiction may sue or be sued in the name of the against firms

firms, if any, of which they were partners when the cause of action arose and
any party to an action may in such case apply to the court for a statement of
the names and addresses of the persons who were partners in the firm when
the cause of action arose, to be furnished in such manner, and verified on oath
or otherwise as the court may direct.

26. (1) When an originating process is issued by partners in the name of their Disclosure of
partners names
firm, the claimants or their legal practitioners shall, on demand in writing by
or on behalf of any defendant declare in writing the names and residential
addresses of all the persons constituting the firm on whose behalf the action is
brought.
(2) Where the claimants or their legal practitioners fail to comply with such
demand, all proceedings in the action may, upon an application for that
purpose, be stayed upon such terms as the court may direct.
(3) Where the names of the partners are so declared, the suit shall proceed in
the same manner and the same consequences in all respects shall follow as if
25
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

they had been named as claimants in the originating process provided that the
proceedings may continue in the name of the firm.

Appearance of 27. (1) Where persons are sued as partners in the name of their firm, they shall
partners appear individually in their own names; but all subsequent proceedings shall
continue in the name of the firm.
(2) Where an originating process is served upon a person having the control or
management of the partnership business no appearance by him shall be
necessary unless he is a member of the firm sued.
Application of
rules to actions
28. The above rules in this Part shall apply to proceedings between a firm and one
between co- or more of its partners and between firms having one or more partners in
partners common, provided such firm or firms carry on business within the
jurisdiction.

Person trading
29. Any person carrying on business within the jurisdiction in a name or style
as firm other than his own name may be sued in such name or style as if it were a firm
name, and, so far as the nature of the case will permit, all rules relating to
proceedings against firms shall apply.

III. Change of parties by death or otherwise.

Actions not
30. No proceedings shall abate by reason of death or bankruptcy of any of the
abated where parties, if the cause of action survives and shall not become defective by the
cause of action assignment, creation or devolution of any estate or title pendente lite and,
survives
whether the cause of action survives or not, there shall be no abatement by
reason of the death of either party between the finding on issues of fact and
judgment, but judgment may in such case be entered notwithstanding the
death.

Order to carry 31. (1) Where by reason of death or bankruptcy, or any other event occurring after
on proceedings the commencement of a proceeding and causing a change or transmission of
interest or liability, or by reason of any person interested coming into
existence after the commencement of the proceedings, it becomes necessary
or desirable that any person not already a party should be made a party or that
any person already a party should be made a party in another capacity, an
order that the proceedings shall be carried on between the continuing parties
and such new party or parties may be obtained ex parte upon an allegation of
such change, or transmission of interest or liability, or of any such person
interested having come into existence.
(2)An order obtained under this rule shall be served upon the continuing party
or parties, or their legal practitioner and upon such new party unless the
person making the application is the new party.
(3) Every person served who is not already a party to the proceedings shall
where applicable enter an appearance within the same time and in the same
manner as if he had been served with the originating process, and shall be
served with the originating and all processes.

26
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(4)Any party served under this rule who was not already a party to the
proceedings shall file his pleadings and other documents as if he had been an
original party to the proceedings.

32. In case of an assignment, creation or devolution of any estate or title pendente Assignment
creation or
lite, the cause or matter may be continued by or against the person to or upon devolution of
whom such estate or title has inured or devolved. estate or title

Application to
33. Where any person who is under no legal disability or being under any legal discharge order
disability but having a guardian in the proceedings is served with an order by persons under
disability having
under Rule 30, such person may apply to the court within 14 days from the a guardian
service of the order to discharge or vary such order. .
By persons under
34. Where any person under any legal disability and not having a guardian in the disability having
proceedings is served with an order under Rule 30, such a person may apply no guardian

to the court within 14 days from the appointment of the guardian for such
party to discharge or vary such order and until such period has expired the
order shall have no effect as against the person under legal disability.

IV. Legal Practitioners or Agents

Acts may be
35. Where by these rules any act may be done by any party in any proceedings, done by legal
practitioner or
such act may be done either by the party in person, or by his legal practitioner, agent
or by his agent (unless an agent is expressly barred under these rules).

ORDER 14
Joinder of Causes of Action

1. Subject to the provisions of these rules, the claimant may join in the same Causes of action
action several causes of action; but if it appears that they cannot be may be joined

conveniently tried or disposed of together the court may order separate trials
of such causes of action or may make such order as may be necessary or
expedient for their separate disposal.

2. (1) An action for recovery of land may be joined with an action for
declaration of title, mesne profit, arrears of rent or damages for breach of any Recovery of land
contract under which the land or any part of it is held, or for any wrong or
injury to the premises.
(2) An action for foreclosure or redemption may be joined with a claim for
delivery of possession of the mortgaged property and a claim for payment of
principal money or interest secured by or any other relief on the mortgage or
charge on such land.

3. Claims by or against an executor or administrator as such may be joined with

Executor and
claims by or against him personally if such claim are alleged to arise with Administrator
reference to the estate over which the claimant or defendant sues or is sued as
executor or administrator.

27
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Claims by
4. Claims by joint claimants may be joined with claims by them or any of them
claimant separately against the same defendant.

ORDER 15
Pleadings

Filing of 1. (1) A statement of claim shall include the relief or remedy to which a claimant
pleadings claims to be entitled.
(2) A defendant shall file his statement of defence, set-off or counterclaim, if
any not later than 21 days after service on him of the originating process and
accompanying documents. A counterclaim shall have the same effect as a
cross action, so as to allow the court deliver a final judgment in the same
proceedings. A set-off must be specifically pleaded.
(3) A claimant shall within 14 days of service of the statement of defence and
counterclaim if any file his reply and defence if any to such defence or
counterclaim.
Where a defendant sets up a counterclaim, if a claimant or any other person
named as a party to such counter claim contends that the claim raised ought
not to be disposed of by way of counterclaim, but in a separate proceedings,
the court may at any time make such order as it thinks fit.

Pleadings to 2. (1) Every pleading shall contain, a statement in a summary form of the
state material material facts on which the party pleading relies for his claim or defence, as
facts and not
evidence the case may be, but not the evidence by which they are to be proved and
shall, be divided into paragraphs numbered consecutively.
(2) Dates, sums and numbers shall be expressed in figures but may also be
expressed in words.
(3) Pleadings shall be signed by a legal practitioner or by the party if he sues
or defends in person.

Particulars to
3. (1) In all cases in which the party pleading relies on any misrepresentation,
be given when fraud, breach of trust, wilful default, or undue influence and in all other cases,
necessary in which particulars may be necessary, particulars (with dates and items if
necessary) shall be stated in the pleadings.
(2) In an action for libel or slander if the claimant alleges that the words or
matter complained of were used in a defamatory sense other than their
ordinary meaning, he shall give particulars of the facts and matters on which
he relies in support of his allegation.

Further and 4. An application for a further and better statement of the nature of the claim or
better
statement of defence, or further and better particulars of any matter stated in any pleading
particulars requiring particulars shall be made to the court at the first pre-trial conference.
The court may grant such application upon such terms as it thinks fit.

28
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

5. (1) Every allegation of fact in any pleadings if not specifically denied in the
pleadings of the opposing party shall be taken as admitted except as against a Denial
person under legal disability.
(2) A general denial in any pleadings shall not operate as denial of any
specific fact in the pleadings of the opposing party.

6. Each party shall specify in his pleadings any condition precedent, the Conditions
precedent
performance or occurrence of which is intended to be contested.
Defence
7. (1) All grounds of defence or reply which makes an action unmaintainable or grounds to
if not raised will take the opposing party by surprise or will raise issues of be
facts not arising out of the preceding pleadings shall be specifically pleaded. specifically
pleaded
(2) Where a party raises any ground which makes a transaction void or
voidable or such matters as fraud, limitation law, release, payment,
performance, facts showing insufficiency in contract or illegality either by any
enactment or by common law, he shall specifically plead it.
Pleadings to
8. No pleading shall raise any new ground of claim or contain any allegation of be consistent
fact inconsistent with the previous pleadings of the party.

9 A party may by his pleadings join issues upon the pleadings of the opposing Joinder of
party and such joinder of issues shall operate as a denial of every material issue

allegation of fact in the pleading upon which issue is joined except any fact
which the party may be willing to admit.

10. Wherever the contents of any documents are material it shall be sufficient in Effect of
any pleading to state its effect as briefly as possible, without setting out the documents
to be stated
whole or any part, unless the precise words of the document or any part are
material.

11. Wherever it is material to allege notice to any person of any fact, matter or
thing, it shall be sufficient to allege such notice as a fact, unless the form or Notice

the precise terms of such notice or the circumstances from which such notice
is to be inferred are material.

12. Wherever any contract or any relation between any persons is to be implied
from a series of letters or conversations, or otherwise from a number of
circumstances, it shall be sufficient to allege such contract or relation as a Implied
fact, and to refer generally to such letters, conversations or circumstances contract or
relation
without setting them out in detail. If in such case the person so pleading
desires to rely in the alternative upon more contracts or relations than one as
to be implied from such circumstances, it may be stated in the alternative.

13. A party may not allege in any pleadings any matter or fact the law presumes Presumption
of law
in his favour or as to which the burden of proof lies upon the other side,
unless it has been specifically denied.

29
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

14. In every case in which the cause of action is a stated or settled account it shall
Stated or settled be alleged with particulars but in every case in which a statement of account is
account
relied on by way of evidence or admission of any other cause of action which
is pleaded, it shall not be alleged in the pleadings.

Technical objection 15. No technical objection shall be raised to any pleadings on the ground of any
alleged want of form.

16. The court may at the pre-trial conference in any proceedings order to be
Striking out of
pleadings at pre-
struck out or amended, any matter in any endorsement or Pleading which may
trial conference be unnecessary or scandalous or which may tend to prejudice, embarrass or
delay the fair trial of the action; and may in any such case, if the court shall
think fit, order costs of the application to be paid as between legal practitioner
and client.

17. (1) Wherever it is material to allege malice, fraudulent intention, knowledge

Malice, knowledge or other condition of the mind of any person, it shall be sufficient to allege the
or other conditions
of mind condition of mind as a fact without setting out the circumstances from which
it is to be inferred.
(2) Where in an action for libel or slander the defendant pleads that any of the
words or matters complained of are fair comment on a matter of public
interest or were published upon a privileged occasion, the claimant shall, if he
intends to allege that the defendant was actuated by express malice, deliver a
reply giving particulars of the facts and matters from which such malice is to
be inferred.
(3) Where in an action for libel or slander the defendant alleges that the words
complained of consist of statement of fact, they are true in substance and in
fact, and where they consist of expressions of opinion, they are fair comment
on a matter of public interest, or pleads to the like effect, he shall give
particulars stating which of the facts and matters he relies on in support of the
allegation that the words are true.

Ground for striking 18. (1) The court may at any stage of the proceedings order to be struck out or
out pleadings amended any pleading or the endorsement of any writ in the action or
anything in any pleading or in the endorsement, on the ground that:

(a) It discloses no reasonable cause of action or defence as the case

may be; or
(b) It is scandalous, frivolous, or vexatious; or
(c) It may prejudice, embarrass or delay the fair trial of the action; or
(d) It is an abuse of the process of court;
(e) The court may order the action to be stayed or dismissed or
judgement to be entered accordingly as the case may be.
(2) No evidence shall be admissible on application under paragraph (1) (a).
(3) This rule shall, so far as applicable, apply to an originating summons and
a petition as if the summons or petition, as the case may be, were a pleading.

30
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(4) No proceedings shall be open to objection on the ground that only a

declaratory judgement or order is sought and the court may make binding
declaration of right whether any consequential relief is claimed or not.

19. (1) Where a pleading subsequent to reply is not ordered, then, at the Close of pleading
expiration of 7 days from the service of the defence or reply (if a reply has
been filed) pleadings shall be deemed closed.
(2) Where a pleading subsequent to reply is ordered, and the party who has
been ordered or given leave to file fails to do so within the period limited for
that purpose, then, at the expiration of the period so limited the pleadings shall
be deemed closed.

This rule shall not apply to a defence to counterclaim and unless the claimant
files a defence to counterclaim, the statements of fact contained in such
counterclaim shall at the expiration of 14 days from the service or of such
time (if any) as may by order be allowed for filing of a defence be deemed to
be admitted, but the court may at any subsequent time give leave to the
claimant to file a defence to counterclaim.

ORDER 16
Statement of Claim

1. (1) Every statement of claim, defence or counter claim shall state specifically Statement of
claim
the relief claimed or sought in the alternative, and it shall not be necessary to
ask for general or other relief, which may be given as the court may think fit .
(2)Where the claimant seeks relief in respect of several distinct claims or
causes of complaint based upon separate and distinct grounds, they shall, as
far as may be, separately and distinctly stated. The same rule shall apply
where the defendant relies upon several distinct ground of defence, set-off or
counterclaim based upon separate and distinct facts.

2. Whenever a statement of claim is filed, the claimant may alter, modify or Claim beyond
extend his claim without any amendment of the endorsement of the writ. The endorsement on
writ
claimant may not completely change his cause of action endorsed on the writ
without amending the writ.

ORDER 17
Defence and Counterclaim

1. The statement of defence shall be a statement in summary form and shall be Statement of
supported by copies of documentary evidence, list of witnesses and their defence
written statements on oath.

2. When a party in any pleading denies an allegation of fact in the pleadings of Evasive denial

the opposing party, he shall not be evasive, but answer the point of substance.

31
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

If an allegation is made with diverse circumstances, it shall not be sufficient to

deny it in those circumstances.

Denials 3. (1) In an action for debt or liquidated money demand, a mere denial of the
generally
debt shall not be sufficient defence.
(2) In an action for money had and received, a defence in denial must deny the
receipt of the money or the existence of those facts which are alleged to make
such receipt by the defendant a receipt to the use of the claimant.
(3) In an action for goods sold and delivered, the defence must deny the order,
contract, delivery, and amount claimed.
(4)In an action upon a bill of exchange, promissory note or cheque, a defence
in denial must deny some matter of fact, such as the drawing, making,
endorsing, accepting, presenting or notice of dishonour of the bill or note.

Persons in 4. If either party wishes to deny the right of any other party to claim as executor,
representative or a trustee or in any representative or other alleged capacity, or the alleged
capacity
constitution of any partnership firm, he shall deny it specifically.

Pleading to 5. No denial or defence shall be necessary as to damages claimed or their

damages
amount; they are deemed to be in issue in all cases, unless expressly admitted.

Set off and

6. Where any defendant seeks to rely upon any ground as supporting a right of
counter claim set-off or counter claim, he shall in his defence state specifically that he does
so by way of supporting a right of set off or counterclaim.

7. Where a defendant by his defence sets up any counter claim which raises
Title of counter
claim questions between himself and the claimant along with any other persons, he
shall add to the title of his defence a further title similar to the title in a
statement of claim, stating the names of all persons who, if such counterclaim
were to be enforced by cross action would be defendants to the cross action,
and shall deliver his defence to as many of them as are parties to the action
within the period required to deliver it to the claimant.

Claim against
8. Where any person stated in rule 7 of this Order is not a party to the action he
persons not shall be summoned to appear by being served with a copy of the defence and
party counterclaim, and such service shall be regulated by the same rules as those
Civil form 13 governing the service of the originating process. Every defence and counter
claim so served shall be endorsed in Form 13 with such modifications or
variations as circumstances may require.

9. Any person not already a party to the action, who is served with a defence and
Appearance by
added parties counterclaim, must appear as if he had been served with an originating
process to appear in an action.

10. Any person not already a party to the action, who is named in a defence as
Reply to party to a counterclaim, shall deliver a defence in a mode and manner
counterclaim
prescribed under this order and the provisions of the order shall apply to such
a person.
32
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018
Discontinuance
11. If, in any case in which the defendant sets up a counterclaim, the action of the of the claimant’s
claimant is stayed, discontinued or dismissed, the counterclaim may claim
nevertheless be proceeded with.

12. Where in an action, a set off or counterclaim is established as a defence Judgment for
balance
against the claimant’s claim, the court may, if the balance is in favour of the
defendant, give judgment for the defendant for such balance, or may
otherwise adjudge to the defendant such relief as he may be entitled to upon
the merits of the case.

13. (1) Any ground of defence which arises after the action has been filed, but Ground of
before the defendant has delivered his defence, and before the time limited for defence after
action filed
doing so has expired, may be raised by the defendant in his defence, either
alone or together with other grounds of defence.
(2) If after a defence has been delivered along with a set-off or counterclaim
and any basis for answer or ground of defence arises to any such set-off or
counterclaim, it may be raised by the claimant in his reply (in the case of a
set-off ) or defence to counterclaim, either alone or with any other ground of
reply or defence to counterclaim.

14. Where any ground of defence arises after the defendant has delivered a
defence, or after the time limited for his doing so has expired, the defendant Further defence
or reply
may, and where any ground of defence to any set-off or counterclaim arises
after reply, or after the time limited for delivery of a reply has expired, the
claimant may, within 8 days after such ground of defence has arisen or at any
subsequent time by leave of the court deliver a further defence or further
reply, as the case may be.

15. Whenever any defendant in his defence or in any further defence under rule Concession to
defence
14 of this order alleges any ground of defence which has arisen after the
commencement of the action, the claimant may concede to such defence
(which concession may be as in form 14 with such modification as Civil Form 14

circumstances may require) and may obtain judgment up to the time of the
pleading of such defence, unless the court either before or after the delivery of
such concession otherwise orders.

16. A respondent to an originating summons shall file a counter affidavit with all Defence to
originating
the exhibits he intends to rely upon and a written address within 21 days after summons
service of the originating summons.

ORDER 18
Reply

1. Where the claimant desires to make a reply, he shall file it within 7 days from Filing of reply
the service of the defence.

33
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Reply to 2. Where a counterclaim is pleaded, a reply is called a defence to counterclaim

counterclaim
and shall be subject to the rules applicable to defence.

ORDER 19
Alternative Dispute Resolution

A – Reference to ADR
1. It shall be the duty of a court or a judge to encourage settlement of matters
Judge to either by:
encourage ADR a) Arbitration
b) Conciliation
c) Mediation
d) Or any other method of dispute resolution.

2. (1) Where parties consent to settlement of disputes, the court or judge shall
Consent Cases
by an enrolment order as in Form 15, refer the case to the AMDC for
to be referred to resolution within 21 days except otherwise ordered by the court.
AMDC (2) Where a court makes a referral, the court or judge shall by an enrollment
Civil Form 15
Time within order as in Form 15 refer the case to the AMDC for resolution within 14
which to report days except otherwise ordered by the court.
settlement
(3) Where a party refuses to submit to ADR and loses the case in court, he
shall pay a penalty as may be determined by the court.

3. (1) Where a case is deemed suitable for ADR under Order 2 Rule 7 or has by
directives been referred to ADR under Rule (2)(2) above, the judge may
ADR Directives &
Sanctions consider and give appropriate directives to parties on the filing of statement of
case and other necessary issues.
(a) The claimant shall file his statement of case within fourteen (14)
days of the Order of the judge.
(b) The defendant shall file his response within fourteen (14) days of
service of the claimant’s statement of claim.

(2) The parties shall file a notice of complaince with Rule 3(1) above to the
judge within twenty (20) days of giving the Order.
(3) Failure to comply with filing the notice of complaince within time shall
attract a sum of two hundred (N200) naira fine per day.
(4) A party applying for an extension of time to comply with Rule 3(1) above,
shall upon filing such application attach thereto evidence of payment.

Cost 4. The court in making any order as to cost during or after a trial shall consider
any directive made under this Order and the disposition of the parties thereto.

Extension of time
to report
5. Where parties are unable to complete the settlement process within the time
settlement specified in the order, the referring judge may extend the order whenever he
34
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

considers it expedient having regard to the facts and circumstances of the

case.

6. The referring judge shall proceed to entertain a case where parties report that Where
settlement has
the settlement has broken down or it cannot be resolved through the ADR broken down
mechanism.

7. (1) The court or judge shall, on the application of parties enrol the terms of Consent
settlement reached at the AMDC as consent judgement, such terms shall Judgment

thereupon have the same force and effect as judgement. Walk in

(2) Parties in a “walk in” ADR process may apply to an ADR judge by a application for
consent
Motion on Notice for an order to enroll the decision or terms of settlement at judgment
the AMDC as a consent judgement.

Chief Judge to
8. The chief judge may by order under his hand and seal appoint and designate designate ADR
judges as ADR judges who shall have jurisdiction to handle sessions and other Judges
ADR related matters.
9. The chief judge may designate a week(s) during the course of the legal year Settlement
for the resolution of disputes at the Multi- Door Courthouse. This week(s) Week

shall be known as Settlement Week and the proceedings of the week shall be
as directed by the chief judge in a Practice Direction.

10. The chief judge may set up a Sifter Committee to identify cases that may be Sifter Committee
effectively resolved during the settlement week or any time he deems fit.

B - Arbitration
11. (a) In any case in which a matter is referred to one or more arbitrators under Arbitration
these Rules, the Court shall by an order under its seal referred to the
arbitrators the matters in dispute in the suit which they may be required to
determined and fix a time for the delivery of the award and the time so fixed
shall be stated in the order.
(b) When the arbitrators are not able to complete the award within the period
specified in the order for want of the necessary evidence or information or
other good and sufficient cause, the Court may, from time to time, enlarge the
period for delivering of the award, if it thinks fit.
(c) An award shall not be liable to be set aside only by the reason of its not
having been completed within the period allowed by the Court, unless on
proof that the delay in completing the award arose from misconduct of the
arbitrators.
(d) Where in any case of reference to arbitration by an order of court, the
arbitrator dies or refuses to act, the court shall appoint a new arbitrator in the
place of the person dying, refusing or becoming incapable to act.
(e) The award shall contain a conclusive finding on all issues in the matter
referred arbitration.

35
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(f) In any of the following cases, the court may remit the award or any of the
matters referred to arbitration, for reconsideration by the arbitrator(s) upon
such terms as it thinks proper:
(i) where the award has left undermined some of the matters referred
to arbitration;
(ii) where the award has determined matters not referred to the
arbitration;
(iii) where the award is so indefinite as to be incapable of execution;
(iv) where an objection to the legality of the award is apparent on the
face of the award.
(g) No award shall be liable to be set aside except on the misconduct of the
arbitrator and provided that the application for setting aside the award is made
within 15 days after the publication thereof.
(h) If no application is made to set aside the award or to remit it for
reconsideration or where the court has refused any such application, either
party may file the award in court and the award shall thereupon have the same
force and effect for all purposes as a judgment.
(i) The chief Judge may designate a judge as the arbitration judge whose court
shall primarily be responsible for remitting and enforcement of award.

l C - Arbitration Proceedings
12. Except to subpoena a witness to attend under Section 23 of the Arbitration and
Arbitration Conciliation Act which shall be by motion ex-parte, every application in this
proceedings
rule to the court under the Act -
(a) to set aside an arbitration agreement under section 2 thereof;
(b) to appoint an arbitrator under section 7(3) thereof;
(c) to stay proceedings under section 5 thereof;
(d) to remove an arbitrator or umpire under section 30 thereof;
(e) to direct an arbitrator or umpire to state the reasons for an award under
section 26 thereof;
(f) to apply that a case on trial which is the subject of an arbitration
agreement be referred to an arbitration under section 4 thereof;
(g) to set aside an award under section 29 thereof;
(h) for declaration that an award is not binding on a party to the award on
the ground that it was made without jurisdiction or because the
arbitrator misconducted himself or that the proceeding was arbitrary or
that the award has been improperly procured under section 30 thereof;
(i) generally to determine any question of law arising in the course of or
concerning any arbitration agreement or proceedings referred to the
court;
shall be made by motion.

D - Enforcement of Arbitration Awards

13. (1) An application to enforce an award on an arbitration agreement in the
same manner as a judgment or order may be made ex-parte, but the court
Enforcement of
Arbitral Awards
hearing the application may order it to be made on notice.
(2) The supporting affidavit shall –

36
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(a) exhibit the arbitration agreement and the original award or in either case
certified copies of each;
(b) state the name, as usual or last known place of abode or business of the
applicant and the person against whom it is sought to enforce the award;
(c) state as the case may require either that the award has not been complied
with or the extent to which it has not been complied with at the date of
the application.

E - Registration of Foreign Arbitration Award

14. When an award is made in proceedings on an arbitration in a foreign territory
to which the Foreign Judgment (Reciprocal Enforcement) Act extends, if the
award was in pursuance of the law in force in the place where it was made it
Registration of
shall become enforceable in the same manner as a judgment given by a court foreign arbitration
in that place and the proceeding of the Foreign Judgments (Reciprocal award
Enforcement) Act shall apply in relation to the award as it applies in relation
to a judgment given by that court.

ORDER 20
Admissions

1. Any party to a proceeding may give notice by his pleading or otherwise in Notice of admission
of facts
writing, that he admits the truth of the whole or facts of any part of the case.

2. (1) Either party may by notice in writing file and serve, not later than 7 days
before the first pre-trial conference, require any other party to admit any Notice to admit
document and the party so served shall not later than 4 days after service give document

notice of admission or non-admission of the document, failing which he shall

be deemed to have admitted it unless the court otherwise orders.
(2) When a party decides to challenge the authenticity of any document, he
shall not later than 7 days of service of that document give notice that he does
not admit the document and requires it to be proved at the trial.
(3) Where a party gives notice of non-admission and the document is proved
at the trial, the cost of proving the document, which shall not be less than five
thousand naira, shall be paid by the party who has challenged it, unless at the
trial or hearing the court shall certify that there were reasonable grounds for
not admitting the authenticity of the document.

3. (1) Either party may not later than 7 days before the first pre-trial conference
by notice in writing filed and served require any other party to admit any
Notice to admit
specific fact or facts mentioned in the notice, and the party so served shall not facts
later than 4 days after service give notice of admission or non-admission of
the fact or facts failing which he shall be deemed to have admitted it unless
the court otherwise orders.
(2) Any admission made under such notice shall be deemed to be made only
for the purposes of that particular proceedings and not as an admission to be
used against the party or any other party than the party giving the notice.
(3) Where there is a refusal or neglect to admit the facts within 4 days after
service of such notice or within such further time as maybe allowed by the
37
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

court, the cost of proving such fact or facts which shall not be less than a sum
of five thousand naira, shall be paid by the party so refusing or neglecting
whatever the result of the proceedings, unless the court certifies that the
refusal to admit was reasonable or unless the court at any time otherwise order
or directs.

4. The court may, on application, at a pre-trial conference or at any other stage

Judgement or of the proceedings where admissions of facts have been made, either on the
Order upon
admission of facts
pleadings or otherwise, make such judgment as upon such admissions a party
may be entitled to, without waiting for the determination of any other question
between the parties.

Cost of notice 5. Where a notice to admit or produce comprises documents that are not
where documents
unnecessary necessary, the cost occasioned thereby which shall not be less than N5,000
(five thousand naira) shall be borne by the party giving such notice.

ORDER 21
Default of pleading

Claim for
1. If the claim is only for a debt liquidated demand, and the defendant does not
liquidated within the time allowed for the purpose, file a defence, the claimant may, at
demand the expiration of such time, apply for final judgment for the amount claimed
with costs.

Default of one or 2. Where in any such action as in Rule 1 of this Order there are several
several defendants, if one of them makes default, the claimant may apply for final
defendants
judgment against the defendant(s) making default and issue execution upon
such judgment without prejudice to his right to proceed with his action against
the other defendants.

Damages and 3. If the claim be for pecuniary damages or for detention of goods with or
detention of without a claim for pecuniary damages, and the defendant or all the
goods
defendants, if more than one, make default as mentioned in Rule 1 of this
order, the claimant may apply to the court for interlocutory judgment against
the defendant(s) and the value of the goods and the damages, or the damages
only as the case may be, shall be ascertained in any way which the court may
order.

4. When in any such action as in Rule 3 of this Order there are several
defendants, if one or more of them make default as mentioned in Rule 1 of
this Order, the claimant may apply to the court for interlocutory judgment
Default of one or against the defendant(s) so making default and proceed with his action
more defendants against the others. In such case the value and amount of damages against the
defendant(s) making default shall be assessed at the trial of the action or
issues therein against the other defendants, unless the court shall otherwise
order.
38
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

5. Where the claim is for debt or liquidated demand and also for pecuniary
damages or for detention of goods with or without a claim for pecuniary Debt or
damages and includes a liquidated demand and any defendant makes default damages and
as mentioned in Rule 1 of this Order, the claimant may apply to the court for detention of
goods or
final judgment for the debt or liquidated demand, and may also apply for damages
interlocutory judgment for the value of the goods and damages, or the
damages only as the case may be, and proceed as mentioned in Rules 3 and 4.

6. In an action for the recovery of land, if the defendant makes default as

Recovery of
mentioned in Rule 1, the claimant may apply for a judgment that the person land
whose title is asserted in the writ of summons shall recover possession of the
land with costs.

7. Where the claimant has endorsed a claim for mesne profits or arrears of rent
Claims for
in respect of the premises claimed, or any part of them, or damages for breach mesne profit,
of contract, wrong or injury to the premises claimed upon a writ for recovery arrears or
damages
of land, if the defendant makes default as mentioned in Rule1of this Order, or
if there be more than one defendant and one or more of the defendants make
such default, the claimant may apply for final judgment against the defaulting
defendant or defendants and proceed as mentioned in Rules 3 and 4.

8. (1) If the claimant’s claim is for a debt or liquidated demand or for pecuniary Where a
damages only, or for detention of goods with or without a claim for pecuniary defence is filed
damages, or for any such matters, or for the recovery of land, and the to part of claim
only
defendant files a defence which purports to offer an answer to part only of the
claimant’s alleged cause of action, the claimant may apply for judgment, final
or interlocutory, as the case may be, for the part unanswered. The unanswered
part consists of a separate cause of action or is severable from the rest, as in
the case of part of a debt or liquidated demand;
(2) Where there is a counterclaim, execution on any such judgment as above
mentioned in respect of the claimant’s claim shall not issue without leave of
the court.

9. In all actions other than those in the preceding rules of this Order, if the Defendant in
defendant makes default in filling a defence, the claimant may apply to the default
court for judgment, and such judgment shall be given upon the statement of
claim as the court shall consider the claimant to be entitled to.

10. Where in any such action as provided in Rule 9 of this Order, there are several One of several
defendants, if one of such defendants makes such default, the claimant may defendants in
apply for judgment against the defendant, and proceed against the other default

defendants.

11. In any case in which issues arise in a proceeding other than between claimant
and defendant, if any party to any such issue makes default in filling any Default of third
pleadings, the opposing party may apply to the court for judgment, if any, on party

the pleadings he may appear to be entitled to, and the court may order

39
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

judgment to be entered accordingly or may make such other order as may be

necessary to do justice between the parties.

12. Any judgment by default whether under this Order or this Rule shall be final
Setting aside
default and remain valid and may only be set aside upon application to the court on
judgment grounds of fraud, non-service or lack of jurisdiction upon such terms as the
court may think fit.

ORDER 22
Payment into and out of Court

Payment into 1. (1) Where after service in any proceeding for debt or damages, a defendant
and out of court envisages an intention to pay money into court in respect of the proceeding,
he shall notify the chief registrar who will thereupon direct him to pay the
money into an interest yielding account in a commercial bank and he shall file
the teller for such payment with the chief registrar.
(2) Where a teller for payment is filed with the chief registrar, he shall give
notice of the payment to the claimant who may apply to the court for an order
to withdraw the amount paid.
(3) Where a defence of tender before action is set up, the sum of money
alleged to have been tendered shall be brought into court.
(4) The defendant may without leave give a written notice to the chief
registrar of an intention to increase the amount of any sum paid into court.
(5) Where the money is paid into court in satisfaction of one or more causes
of action, the notice shall specify the cause(s) of action for which payment is
made and the sum paid for each such cause of action unless the court
otherwise directs.
Civil Form 16
(6) The notice shall be as in Form 16 with such modifications or variations as
circumstances may require. The claimant shall acknowledge in writing within
3 days the receipt of the notice. The notice may be modified, withdrawn or
delivered in an amended form by leave of the court on such terms as may be
just.
(7) Where money is paid into court with denial of liability, the amount paid
shall be applied so far as is necessary in satisfaction of the claim, and the
balance, if any, shall on the order of the court be repaid to the defendant.
Where the defendant succeeds on the claim, the whole amount paid into court
shall be repaid to him on the order of the court.

2. (1) Where money is paid into court under Rule1, the claimant within 14 days
of the receipt of the notice of payment into court, or where more than one
Claimant may
take out money payment into the court has been made within 14 days of the receipt of the
notice of the last payment, accept the whole sum or any one or more of the
specific sum in satisfaction of the cause(s) of action to which the specified
Civil Form 17 sum(s) relate by giving notice to the defendant as in Form 17 with such
modifications or variations as circumstances may require. The claimant shall
be entitled to receive payment of the accepted sum(s) in satisfaction of the
claim.
40
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(2) Payment shall be made to the claimant or on his written authority to his
legal practitioner and thereupon proceedings in the action or in respect of the
specified cause(s) of action (as the case may be) shall abate.
(3) If the claimant accepts money paid into court in satisfaction of his claim,
or if he accepts a sum(s) paid in respect of one or more specified cause(s) of
action, and gives notice that he abandons the other causes of action, he may
after 4 days of payment and unless the court otherwise orders, tax his costs
incurred to the time of payment into court, and 48 hours after taxation may
sign judgment for his taxed costs.
(4) Where in an action for libel or slander, the claimant accepts money paid
into court, either party may apply by summons to the court for leave to make a
statement in open court in terms approved by the court.

3. If the whole money in court is not taken out under Rule 2, the money Money
remaining in court shall not be paid out except in satisfaction of the claim or remaining in
court
specified cause(s) of action for which it was paid under an order of the court
which may be made at any time before, at or after trial.

4. (1) Money may be paid into court under rule 1 of this order by one or more of Several
several defendants sued jointly or in the alternative upon notice to the defendants

defendant(s).
(2) If the claimant within 14 days after receipt of notice of payment into court
Civil Form 18
elects to accept the sums paid into court, he shall give notice as in Form 18
with such modifications or variations as circumstances may require to each
defendant and all further proceedings in the action or on the specified cause(s)
of action (as the case may be) shall abate.
(3) The money shall not be paid out except under an order of the court dealing
with the whole cause(s) of action.
(4) In an action for libel or slander against several defendants sued jointly, if
any defendant pays money into court, the claimant may within 14 days elect
to accept the money paid into court in satisfaction of his claim against the
defendant making the payment and shall give notice to all the defendants as in
Civil Form 18
Form 18 with such modifications or variations as circumstance may require.
The claimant may tax his costs against the defendant who has made such
payment in accordance with Rule 2 (3) of this order and the action shall abate
against that defendant.
(5) The claimant may continue with the action against any other defendant but
the money paid into court shall be set off against any damages awarded to the
claimant against the defendant or defendants against whom the action is
continued.

5. A person made a defendant to a counterclaim may pay money into court in Counterclaim

accordance with the foregoing rules, with necessary modification.

6. (1) In any proceeding in which money or damages is or are claimed by or on Persons under
behalf of a person under legal disability suing either alone or in conjunction legal disability
with other parties, no settlement, compromise, payment or acceptance of

41
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

money paid into court, whether before, at or after the trial, shall as regards the
claims of any such person be valid without the approval of the court.
(2) No money (which expression for the purposes of this rule includes
damages) in any way recovered, adjudged, ordered, awarded or agreed to be
paid in any such proceedings on the claims of any such person under legal
disability whether by judgement, settlement, compromise, payment into court
or otherwise, before, at or after the trial, shall be paid to the claimant, his
guardian or his legal practitioner unless the court shall so direct.
(3) All monies so recovered, adjudged, ordered, awarded or agreed to be paid
shall be dealt with, as the court shall direct. The directions given may include
any general or special directions that the court may think fit to give, including
directions on how the money is to be applied or dealt with and as to any
payment to be made either directly or out of money paid into court to the
claimant or his guardian for money paid or expenses incurred, for
maintenance or otherwise for, on behalf of, for the benefit of the person
under legal disability, or otherwise to the claimant’s legal practitioner for
costs or of the difference between party and party and legal practitioner and
client costs.

Payment into 7. Every application on notice for payment into or transfer out of court shall be
and withdrawal made on notice.
of money from
court

ORDER 23
Proceedings in Lieu of Demurrer

Demurrer 1. No demurrer shall be allowed.

abolished
2. (1) Any party may by his pleading raise any point of law and the court may
Points of law dispose of the point so raised before, at or after the trial.
may be raised
by pleading
(2) Where in the opinion of a court or judge , the decision on the point of law
substantially disposes of the whole action or of any distinct cause of action,
ground of defence, set-off, counter-claim , or reply in part, the court may then
dismiss the action or make such other orders as may be just.
(3) A court or judge may order any pleadings to be struck out on the ground
Striking out of
pleadings
that it discloses no reasonable cause of action or answer, and where a pleading
is shown to be frivolous or vexatious, the court or a judge may order the
action to be stayed or dismissed, or judgement to be entered accordingly.

ORDER 24
Withdrawal or Discontinuance

Claimant may 1. (1) The claimant may at any time before receipt of the defence or after the
discontinue receipt , before taking any other proceeding in the action, by notice in
before defence
writing duly filed and served, wholly discontinue his claim against all or
any of the defendants or withdraw any part or parts of his claim. He shall
pay the
42
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

defendant’s costs of action, or if the action be not wholly discontinued, the

costs occasioned by the matter withdrawn.
(2) A discontinuance or withdrawal, as the case may be, shall not be a defence
to any subsequent claim.
(3) Where a defence has been filed, the clamant may with the leave of the Discontinuance
court discontinue the proceedings or any part on such terms and conditions as after filing defence

the court may order.

(4) Where proceedings have been stayed or struck out upon a claimant’s
Compliance with
withdrawal or discontinuance under this Order, no subsequent claim shall be terms of
filed by him on the same or substantially the same facts until the terms discontinuance
imposed on him by the court have been fully complied with.
(5) The court may in the same manner and discretion as to terms, upon the Withdrawal or
application of a defendant order the whole or any part of his alleged grounds striking out of
defence
of defence or counter- claim to be withdrawn or struck out.

2. When a cause is ready for trial, it may be withdrawn by either claimant or the
Withdrawal by
defendant upon producing to the registrar a consent in writing signed by the consent of parties
parties and thereupon the court shall strike out the matter without the
attendance of the parties or their legal practitioner.

ORDER 25
Amendment

1. A party may amend his originating process and pleadings at any time before Amendment of
originating process
the pre-trial conference and not more than twice during the trial but before the and pleadings
close of the case.

2. Application to amend supported by an affidavit exhibiting the proposed Application

amendment may be made to the court and may be allowed upon such terms as
to costs or otherwise as may be just.

3. Where any originating process or a pleading is to be amended a list of any

Amendment of
additional witness to be called with his written statement on oath and a copy originating process
of any document to be relied upon on such amendment shall be filed with the
application.

4. If a party who has obtained an order to amend does not do so within the time
Failure to amend
limited for that purpose , or if no time is limited, then within 7 days from the after Order
date of the order, such party shall pay an additional fee of N100 (One hundred
naira) for each day of default.

5. Whenever any originating process or pleading is amended, a copy of the

Amended process
amended document shall be filed in the Registry and copies served on all the
parties to the action.

7. Whenever any endorsement or pleading is amended, it shall be marked in the Date of order and
following manner: amendment to be
displayed
43
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

"Amended…………… day of …………… pursuant to Order of (name of

Judge) dated the……………. day of…………. "
Clerical mistakes 7. The court may at any time correct clerical mistakes in judgments or orders, or
and accidental
omissions errors arising from any accidental slip or omission or upon an application,
without an appeal being filed.

General power to 8. Subject to the provision of Rule 1 of this order, the court may at any time and
amend
on such terms as to cost or otherwise as may be just, amend any defect or
error in any proceedings.

ORDER 26
Settlement Out of Court

Settlement out of When a matter comes before the court for the first time, the judge shall in
court circumstances where it is appropriate, grant to the parties, time, not more than
30 days within which parties may explore possibilities for settlement of the
disputes.

ORDER 27
Pre-Trial Conference and Scheduling

Settlement and Trial of Issues

1. On conclusion of pleadings, the parties shall within 7 days submit in writing

to the registrar the material facts in controversy between them in the form of
Settlement of issues, which shall be noted by the court and set down for trial.
issues at or before
hearing
2. Where a party fails to comply with Rule 1, the court may proceed to set down
the matter for hearing upon the issues submitted by the other party.
Non-compliance
with Rule 1
3. Where parties differ on the issues the pretrial judge may settle the issues.
Where parties
differ on issues
4. Where neither Rule 1 or 2 is invoked by any of the parties, the court shall give
notice to the parties to attend settlement of issues.
Court may give
directions
5. Issues may be settled without any previous notice at any stage of the
proceedings, at which all the parties are actually present or at the hearing.
Settlement of
issues without
previous notice 6. At any time before judgment, and where it appears necessary to the court, for
the purpose of determining the real question or controversy between the
Court may amend parties, the court may amend the issues or frame additional issues on such
or frame
additional issues
terms as it deems fit.

44
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Trial of Questions and Issues

7. The court may direct the parties to settle all documentary evidence which the Settlement of
parties intend to rely on at the trial. documents

8. Where it appears to the court, that the decision of any question or issues Dismissal of
actions, etc.
arising in a matter when determined separately from the matter substantially after decision of
disposes of the cause or matter or renders the trial of the matter unnecessary, preliminary issues
it may dismiss the matter, or make such other order, or give such judgement
as may be just.
Provisions
9. The provisions of this Order shall be subject to these Rules and any written subject to other
law in force in the Federal Capital Territory, Abuja, regarding trial of cases. written laws

10. (1) The claimant shall apply within 7 days after close of pleadings for the Pre-trial
conference
issuance of a pre-trial Conference Notice as in Form 19. notice
(2) Upon application by a claimant under sub-rule 1 above, the court shall
Civil Form 19 &
cause to be issued to the parties and their legal practitioners (if any) a pre-trial 20
Conference Notice as in Form 19 accompanied by a pre-trial information
sheet as in Form 20 for the purpose set out below :

(a) Disposal of matters which must or can be dealt with on interlocutory

application;
(b) Giving such direction as to the future course of the action as appear
best suited for just, expeditious and economical disposal;
(c) Promoting amicable settlement of the case or adoption of alternative
dispute resolution.
(d) Fix trial dates.
(3) If the claimant does not make the application in accordance with sub-rule
1 of this rule, the defendant(s) may do so or apply for an order to dismiss the
action.

11. The court may, having regards to the circumstances of the case dispense with Dispensing with
pre-trial
the Pre-Trial conference whenever it considers it expedient to do so. conference

12. At the pre-trial conference, the court shall enter a scheduling order for: Scheduling and
(a) Joining other parties; planning
(b) Amending pleadings or any other processes;
(c) Filing motions;
(d) Further pre-trial conferences; and
(e) Any other matters appropriate in the circumstances of the case.

13. At the pre-trial conference, the court shall consider and take appropriate Agenda

action on any of the following, or aspects of them, as may be necessary or

desirable:
(a) Formulation and settlement of issues;
(b) Further and better particulars;
(c) Amendments;
45
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(d) The admission of facts, documents and other evidence by consent;

(e) Control and scheduling of discovery, inspection and production of
documents;
(f) Narrowing the field of dispute between experts witnesses, by their
participation at pre-trial conferences or in any other manner;
(g) Hearing and determination of objections on point of law;

(h) Giving orders or directions for separate trial of a claim, counterclaim,

set-off, cross-claim or third party claim or of any particular issue in the
case;
(i) Settlement of issues, enquires and accounts under Order 28;
(j) Securing statement of special case of law or facts under Order 29;
(k) Determining the form and substance of the pre-trial order; and
(l) Such other matters as may facilitate the just and speedy disposal of the
action.

Time table 14. The pre-trial conference or series of pre-trial conferences with respect to any
case shall be completed within 30 days of its commencement, unless extended
by the judge, and the parties and their legal practitioners shall co-operate with
the court in working within the time table. As far as practicable, pre-trial
conference shall be held from day to day or adjourned only for the purpose of
compliance with pre-trial conference orders.

15. After a pre-trial conference or series of pre-trial conferences, the court shall
Report issue a Report. This Report shall guide the subsequent course of the
proceedings unless modified by the trial judge.

16. If a party or his legal practitioner fails to attend the pre-trial conference or
Sanctions obey a scheduling or pre-trial order or is substantially unprepared to
participate in the conference or fails to participate in good faith the court
shall:
(a) In the case of the claimant dismiss the claim;
(b) In the case of a defendant enter final judgment against him.
Any judgment given under this rule may be set aside upon an application
made within 7 days of the judgment or such other period as the pre-trial judge
may allow not exceeding the pre-trial conference period. The application
shall be accompanied by an undertaking to participate effectively in the pre-
trial conference.

17. The court shall direct the pre-trial conference with due regards to its purpose
Management
and agenda as provided under this Order, and shall require parties or their
legal practitioners to co-operate with it effectively in dealing with the
conference agenda.

18. If a party or legal practitioner fails to attend the Pre-Trial Conference or obey
Sanctions
a Scheduling Order or is substantially unprepared to participate in the
conference or fails to participate in good faith, the judge shall:

46
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(a) In the case of the claimant dismiss the claim

(b) In the case of a defendant enter judgment against him where
appropriate.

ORDER 28
Discovery and Inspection

1. In any cause or matter any party may deliver written interrogatories for the Discovery by
examination of the opposing party or parties and such interrogatories when interrogatories

delivered shall have a note at the end of it stating which of the interrogatories
each person is required to answer. Interrogatories shall be delivered within 7
days of the close of pleadings and shall form part of the agenda of pre-trial
conference.

2. Interrogatories shall be as in Form 21with such modifications or variations as Civil form 21

circumstance may require.

3. Where a party to a cause or matter is a limited or unlimited company, body Corporation or

corporate, firm, enterprise, friendly society, association or any other body or companies

group of persons, whether incorporated or unincorporated, empowered by law

to sue or be sued, whether in its own name or in the name of any officer or
other person, any opposing party may deliver interrogatories to any member
or officer of such party.

4. An objection to answering any one or more of several interrogatories on the Objection to

ground that it is or they are scandalous or irrelevant may be taken in the interrogatories
by answer
affidavit in answer at the pre-trial conference.
Filing of
5. Interrogatories shall be answered by affidavit to be filed within 7 days, or affidavit in
within such other times as the court may allow. Two copies of the affidavit in answer
answer shall be delivered to the registrar.
Form of
6. An affidavit in answer to interrogatories shall be as in Form 22 with such affidavit in
answer:
modifications or variations as circumstances may require. Civil form 22

7. Where any person interrogated omits to answer or answers insufficiently, the Order to
answer or
pre-trial judge shall on application issue an order requiring him to answer or answer further
answer further as the case may be.

8. (1) A party may in writing request any other party to any cause or matter to Application
make discovery on oath of the documents that are or have been in his for discovery
of documents
possession, custody, power or control, relating to a matter in question in the
case. Request for discovery shall be served within 7 days of close of pleadings
and shall form part of the agenda of pre-trial conference. The party on whom
such a request is served shall answer on oath completely and truthfully within
7 days of the request or within such other time as the court may allow and it
shall be dealt with at pre-trial conference.
47
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(2) Every affidavit in answer to a request for discovery of documents shall be

accompanied by copies of documents referred to.
(3) The affidavit to be made by any person in answer to a request for
discovery of documents shall specify which, if any, of the listed documents he
objects to producing, stating the grounds of his objection, and it shall be in
Civil Form 23 Form 23 with such modifications or variations as circumstances may require.

Processes filed 9. (1) Any process to be filed after the pre-trial conference shall be accompanied
after pre-trial by copies of documents referred to.
conference
(2) Where a process filed is not accompanied by a document referred to the
court may on application strike out the process

Verification of 10. (1) Where any document required to be attached to any process or produced
business books under this or any rule is a business book the court may upon application order
a copy of the entry to be furnished and verified in an affidavit. Such affidavit
shall be made by a person who keeps the book or under whose supervision the
book is kept.
(2) Notwithstanding that a copy has been supplied the courts may order
inspection of the book from which the copy was made.
(3) The court may upon application whether or not an affidavit of document
has been ordered or filed, make an order requiring any party to state by
affidavit whether any particular document or class of documents is or has at
any time been in his possession, custody, power or control, when he parted
with it and what has become of it.

Cost for 11. An order for interrogatories or discovery or inspection made against any party
disobedience
if served on his legal practitioner shall be sufficient service to grant an
application for cost against a party for disobedience of the order.

Cost against 12. A legal practitioner upon whom an order against any party for interrogatories
legal or discovery or inspection is served under the last preceding Rule, who
practitioner
neglects without reasonable excuse to give notice to his client, shall be liable
to pay cost at the discretion of the court.

Using answer to 13. Any party may, at the trial of a cause, matter or issue, use in evidence any one
interrogatory or more of the answers or any part of an answer of the opposing party to
interrogatories without putting in the other or the whole of such answer, but
the court may look at the whole of the answer and order that any of them may
be put in.

Discovery 14. In any action against or by a sheriff in respect of any matter(s) connected with
against Sheriff
the execution of his office, the court may on application of a party, order that
the affidavit to be made in answer to interrogatories or to any order for
discovery shall be made by the officer concerned.
Order to apply
to person 15. This Order shall apply to persons under disability and their guardians.
under legal
disability

48
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 29
References to Referees and Accounts

1. In any legal proceeding the court may at any time order the whole cause or Reference to
matter or any question or issue of fact arising, to be tried before an official referee
referee or officer of the court, notwithstanding that it may appear that there is
a special or other relief sought or some special issue to be tried, as to which it
may be proper that the cause or matter should proceed in the ordinary manner.

2. In any case in which a matter is referred to a referee the court shall furnish the
Instructions to
referee with such part of the proceedings and such information and detailed referee
instructions as may appear necessary for his guidance, and shall direct the
parties if necessary to attend upon the referee during the inquiry.

3. The referee may, subject to the order of the court, hold the inquiry at or
General powers of
adjourn it to any place which he may deem most expedient, and have any referee
inspection or view for the disposal of the controversy before him. He shall, so
far as practicable, proceed with the inquiry from day to day.

4. (1) Subject to any order made by the court ordering the inquiry, evidence shall
Evidence
be taken at any inquiry before a referee, and the attendance of witnesses to
give evidence before a referee may be enforced by the court in the same
manner as such attendance may be enforced before the court; and every such
inquiry shall be conducted in the same manner or as nearly as circumstances
will admit as trials before a court.
(2) The referee shall have the same authority in the conduct of any inquiry as
a judge when presiding at any trial.
(3) Nothing in these rules shall authorise any referee to commit any person to
prison or to enforce any order by attachment or otherwise; but the court may,
in respect of matters before a referee, make such order of attachment or
commitment as he may consider necessary.

5. (1) The report made by a referee under a reference order shall be made to the Reports made
court and notice served on the parties to the reference. under reference
order
(2) A referee may by his report submit any question arising for the decision
of the court or make a special statement of fact from which the court may
draw such inferences as it deems fit.
(3) On the receipt of a referee’s report, the court may:
(a) Adopt the report in whole or part;
(b) Vary the report;
(c) Require an explanation from him;
(d) Remit the whole or any part of the question or issue originally
referred to him for further consideration by him or any other
referee;
(e) Decide the question or issue originally referred to him on the
evidence taken before him, with or without additional evidence.
(4) When the report of the referee has been made, an application to vary the
report or remit the whole or any part of the question or issue originally
49
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

referred may be made at the hearing by the court for further consideration of
the cause or matter, after giving not less than 4 days notice and any other
application based on the report may be made at the hearing.
(5) Where on a reference under this Order the court orders that the further
consideration of the cause or matter in question shall be adjourned until the
receipt of the referee’s report, the order may contain directions with respect to
the proceedings on the receipt of the report and the foregoing provision of this
rule shall have effect subject to any such directions.

6. The court may order or direct an account to be taken or by any subsequent

Taking of
account
order give special directions with regard to the mode in which the account is
to be taken or vouched and in particular may direct that in taking the account,
the books of account in which the accounts in questions have been kept shall
be taken as prima facie evidence of the truth of their continents, with liberty to
the interested parties to object.

7. Where any account is directed to be taken, the accounting party shall make
Verification of out his account and verify it by affidavit. The items on each side of the
account
account shall be numbered consecutively, and the account shall be attached to
the affidavit as an exhibit and filed in the registry.

Mode of 8. The court may, upon the taking of any account direct that the voucher be
vouching produced at the chambers of the accounting party’s legal practitioner or at any
accounts
other convenient place and that only such items as may be contested or
surcharged shall be brought before the court.

Surcharge 9. Any party seeking to charge any accounting party beyond what he has by his
account admitted to have received shall give notice to him, stating so far as he
is able, the amount sought to be charged with particulars.

Accounts and 10. Where by any judgment or order any account is directed to be taken or
enquiry to be inquiries to be made, each such direction shall be numbered so that as far as
numbered
may be, each distinct account and inquiry may be designated by a number and
Civil Form 24 such judgment or order shall be in Form 24 with such modification or
variations as the circumstances may require.

Just 11. In taking any account directed by any judgment or order, all just allowances
allowances
shall be made without any direction for that purpose.

12. If it appears to the court that there is any undue delay in the prosecution of
Expediting
proceedings in any proceedings, the court may require the party having the conduct of the
case of undue proceedings or any other party, to explain the delay and may make such order
delay
with regard to expediting the proceedings, the conduct, or the stay and as to
the costs of the proceedings as the circumstances of the case may require; and
for these purposes any party may be directed to summon the persons whose
attendance is required, and to conduct any proceeding and carry out any
directions which may be given.

50
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 30
Special Case

1. At the pre-trial conference parties may concur in stating the questions of law Special case by
consent
arising in their case in the form of a special case for the opinion of the court.
Every such special case shall be divided into paragraphs numbered
consecutively and shall concisely state such facts and documents as may be
necessary to enable the court to decide the questions. Upon the argument of
such case the court and the parties may refer to all the contents of the
documents and the court may draw from the facts and documents stated in
any such special case any inference, whether of fact or law, which might have
been drawn from them if proved at a trial.

2. If at the pre-trial conference it appears to the court that there is in any cause or Special case by
order before
matter a question of law, which could be conveniently decided before any trial
evidence is given or any question or issue of fact is tried, the court may make
an order accordingly, and may raise such questions of law or direct them to be
raised at the trial either by special case or in such other manner as the court
may deem expedient, and all such further proceedings as the decision of such
question of law may render unnecessary may be stayed.

3. Every special case agreed pursuant to Rule 1 shall be signed by the parties or
Special case to
their legal practitioners and shall be filed by the claimant or other party be signed
having conduct of the proceedings.

4. An application to set down a special case in any cause or matter to which a Application to
person under legal disability is a party shall be supported by sufficient set down
where a person
evidence that the statements contained in such case, so far as it affects the under disability
interest of such persons are legal. is a party

5. (1) The parties to a special case may, if they think fit, enter into a written
Agreement as
agreement (which shall not be subject to any stamp duty) that on the judgment to payment of
of the court being given in the affirmative or negative on the questions of law money and
raised by the special case, a sum of money fixed by the parties or to be costs

ascertained by the court or in such manner as the court may direct, shall be
paid by one of the parties to the other with or without costs as the case may
be.
(2) The judgment of the court may be entered for the sum agreed or
ascertained, with or without cost, as the case may be, and execution may issue
on such judgment, unless agreed or stayed on appeal.
Application of
6. This Order shall apply to every special case stated in a cause or matter and order
any incidental proceedings.

51
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 31
Cause Lists

1. (1) The registrar shall keep a list (Pre-Trial List) of actions directed to be set
List of cases for down for pre-trial conference under Order 25 Rule 3.
hearing
(2) The registrar shall also keep a Weekly cause list of all other actions, which
are ready for trial or hearing.

2. (1) The registrar shall post Pre-trial and Weekly Cause List every Friday
Pre-trial and which shall set out the arrangement of causes before every judge sitting in
weekly cause
list court during the following week.
(2) Nothing in this rule shall preclude the chief judge from making special
arrangements whenever necessary or convenient, for the disposal of causes
and matter included in the list.

Public cause list 3. Where any Friday is a public holiday, the pre-Trial List and Weekly Cause
List shall be posted on the day preceding the public holiday.

Judge unable 4. On any day when the court shall be unable to sit in the court and deal with any
to sit cause or matter fixed for hearing, a minute, recording the parties present and
the step taken by the registrar, shall be entered on the court file.

Posting cause
5. Pre-Trial List and weekly Cause List and other such lists shall be posted on
list on notice one or more notice boards set up in such place or places within the court
boards premises as the chief judge may designate.

ORDER 32
Proceeding at Trial

1. Upon completion of pleadings, either party may apply to the registrar to set
Hearing notice
for trial
down the case for trial where trial date has not been fixed by the trial judge.
The registrar shall upon such application, cause hearing notices to be issued to
all parties in this suit.

Non 2. When a cause on a weekly cause list has been called for hearing and neither
appearance of
both parties party appears, the court shall unless he sees good reason to the contrary, strike
the cause out.

Default of 3. When a cause is called for hearing if the claimant appears and the defendant
appearance does not appear, the claimant may prove his claim, so far as the burden of
by defendant
at trial proof lies upon him.

Default of
4. When a cause is called for hearing, if the defendant appears and the claimant
appearance does not appear, the defendant if he has no counter claim shall be entitled to
by claimant judgment dismissing the action but if he has a counterclaim, then he may
prove such counterclaim so far as the burden of proof lies upon him.
52
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

5. (1) Where a cause is struck out under Rule 2 of this order either party may
Default judgment
apply that the cause be relisted on such terms as the court may deem fit. may be set aside
(2) A judgment obtained where any party does not appear at the trial may be on terms
set aside by the court upon such terms as it deems fit.
(3) A party who fails to file an application to relist a cause struck out or to Failure to apply to
apply to set aside a judgment within 6 days after the order or judgment was relist or set aside
judgment
delivered or such longer period as the court may allow shall at the time of timeously
filing the application, pay a fee of N200 (Two Hundred Naira) for each day of
the default. Proof of payment shall be attached to the application for extension
of time.

6. The court may, if it thinks expedient in the interest of justice, postpone or Adjournment
adjourn a trial for such time and upon such terms, if any. of trial

7. The registrar or other officer present at any trial or hearing shall make a note Records of
of the time of commencement and termination of the trial and the duration on duration of trial
and proceedings
each day it goes on, for communication to the taxing officer, if required.
Order of
8. The order of proceeding at the trial of a cause shall be as provided in the proceeding
following rules.

9. The party on whom the burden of proof lies, by the nature of the issues or Party to begin
questions between the parties, shall begin documentary evidence.

10. Documentary evidence shall be put in and may be read or taken as read by Documentary
consent. evidence

11. (1) A party who desires to call any witness not being a witness whose
Additional
deposition on oath accompanied his pleading shall apply to the court for leave witnesses
to call such witness.
(2) An application for leave in sub-rule 1 above shall be accompanied by the
deposition on oath on such witness.

12. (1) A party shall close his case when he has concluded his evidence. The
claimant or defendant may make an oral application to have the case closed. Close of case of
parties
(2) Notwithstanding the provisions of sub-rule 1 above, the court may suo-
motu where he considers that either party fails to conclude his case within a
reasonable time, close the case for the party.

13. (1) The registrar shall take charge of every document or object put in as an
Exhibit during trial
exhibit during the trial of an action and shall mark or label every exhibit with
a letter or letters indicating the party by whom the exhibit is put in (or where
more convenient the witness by whom the exhibit is proved) and with a
number, so that all the exhibits put in by a party (or proved by a witness) are
numbered in one consecutive series.
(2) The registrar shall cause a list of all the exhibits in the action to be made.
(3) The list of exhibits when completed shall form part of the records of the
action.
53
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(4) For the purpose of this rule a bundle of documents may be treated and
counted as one exhibit.
(5) In this rule a witness by whom an exhibit is proved includes a witness in
the course of whose evidence the exhibit is put in.

14. When the party beginning has concluded his evidence, the court shall
Written address ascertain whether the other party intends to call evidence. Where the other
by party party declines to call evidence, the party beginning, shall, within 21 days after
beginning
close of evidence file a written address. Upon being served with the written
address, the other party shall within 21 days file a final written address.

Written address 15. Where the other party calls evidence he shall within 21 days after the close of
by the other
party
evidence file a written address.

Written address 16. Upon being served with other party’s written address the party beginning shall
of party
beginning within 21 days file his own written address.

Reply on points
17. The party who files the first final written address shall have a right of reply on
of law points of law only. The reply shall be filed within 7 days after service of the
other party’s final written address.

18. (1) An exhibit shall not be released after the trial to the party who has put it in
Release of
exhibit(s)
unless the period during which notice of appeal may be given has elapsed
without such notice having been given, and then only if the trial judge (or in
his absence another judge) grants leave to release such exhibit on being
satisfied:

(a) That the exhibit will be kept duly marked and labelled and will be
produced, if required, at the hearing of an appeal ( if any such
appeal is lodged), or
(b) That the release of the exhibit will not in any way prejudice any
other party.

(2) After a notice of appeal has been filed, an exhibit produced at the trial
shall not be released by the High Court unless leave to release such
exhibit is granted by the Court of Appeal.

19. (1) where a document is tendered as an exhibit and is rejected by the court, it
Rejected shall be marked “Rejected”, and shall be retained together with the accepted
exhibits exhibits.
(2) All rejected exhibits shall be transmitted to the Appeal court in the event
that a case where it is tendered goes on appeal.

List of exhibits 20. (1) Any party may apply for and on payment of the prescribed fee obtain an
office copy of the list of exhibits.
(2) Where there is an appeal an office copy of the list of exhibits shall be
included amongst the documents supplied for the purpose of the appeal.

54
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Non-diligent
21. The court may, suo motu or on application strike out any proceedings not prosecution
being prosecuted diligently.

22. A judge may in all cases disallow any question put in cross examination
which appears to him to be vexatious and not relevant to any matter to be
inquired into in the action.

ORDER 33
Filing of Written Address

1. This order shall apply to all applications and final addresses. Application

2. A written address shall be printed on white A4 size paper, set out in Format for
paragraphs, numbered serially and shall contain: written address

(a) The claim or application on which the address is based;

(b) A brief statement of the facts with reference to the exhibit(s) attached
to the application or tendered at the trial;
(c) The issue arising from the evidence; and
(d) A succinct statement of argument on each issue incorporating the
purpose of the authorities referred to with full citation of each
authority.

3. All written addresses shall be concluded with a numbered summary of the Summation of
address
points raised and the party’s prayer. A list of all authorities referred to shall be
submitted with the address. Where any unreported judgment is relied upon the
certified true copy shall be submitted along with the written address.

4. Oral argument of not more than twenty minutes may be allowed for each Oral argument

party to emphasize and clarify the written address already filed. Where a party
is absent, he shall be deemed to have adopted his written address.

5. Each party shall file two copies of his written address in court and serve a Copies of written
copy on every party. address

ORDER 34
Evidence Generally

1. (1) Subject to these rules and to any enactment relating to evidence any fact Proof of facts
required to be proved at the trial of any action shall be proved by written
deposition and oral examination of witnesses in open court.
(2) Certified true copies of documents shall be tendered from the bar or by Certified copies
the party and or his witness where he is not represented by a legal practitioner. of documents

55
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(3) The oral examination of a witness during his evidence in chief shall be
limited to adopting his written statement on oath and tendering in evidence all
documents referred to in his statement.
(4) Real evidence shall be tendered during the trial.

2. (1) The court may, before or at the trial of an action, order or direct that
Particular facts evidence of any particular fact be given in such manner as may be specified
by the order or direction.
(2) The power conferred by sub-rule 1 of this rule extends in particular to
ordering or directing that evidence of any particular fact be given at the trial in
any of the following ways:

(a) By statement on oath of information or belief;

(b) By the production of documents or entries in books;
(c) By electronically generated evidence;
(d) By copies of documents or entries in book; or
(e) In the case of a fact which is or was a matter of common
knowledge either generally or in a particular district, by the
production of a specified newspaper which contains a statement of
that fact.

3. The court may, before or at the trial of an action order or direct that the
Limitation of
medical and number of medical or expert witnesses who may be called be limited as
expert evidence specified by the order or direction.

Limitation on use 4. Unless before or at trial, the court for special reasons orders otherwise or
of documentary directs, no document, plan, photograph or model shall be receivable in
evidence
evidence except it has been filed with the pleadings of the parties under these
rules.

Revocation and 5. Any order or direction under this order may, on sufficient cause being shown,
variation be revoked or varied by a subsequent order or direction of the court made or
given before or at the trial.
Certified copies
admissible in 6. Certified true copies of all writs, processes, records, pleadings, and documents
evidence filed in the court registry shall be admissible in evidence in all matters to the
same extent as the original.

Examination of 7. Where an order is made for the issue of a request to examine witness or
witnesses
abroad witnesses in any foreign country with which a convention in that behalf has
been or shall be made, the following procedure shall be adopted:

(a) The party obtaining such order shall file in the registry an
Civil Form 25 undertaking as in form 25 which may be necessary to meet the
circumstances of the particular case;
(b) The undertaking shall be accompanied by-

56
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(i) A request as in Form 26, with such modifications or

Civil Form 26
variations as may be directed in the order for its issue,
with translation in the language of the country in which
it is to be executed (if not English);
(ii) A copy of the interrogatories ( if any) to accompany the
request(s), with a translation, if necessary;
(iii) A copy of the cross-interrogatories (if any) with a
translation, if necessary.

8. Where an order is made for the examination of a witness or witnesses before Form of order for
examination of
the Nigerian Diplomatic Agent in any foreign country with which a witnesses
Convention in that behalf has been made, the order shall be as in Form 27. abroad
The Form may be modified or varied as may be necessary to meet the
Civil Form 27
circumstances of the case.

9. The court may at any stage of any proceedings order the attendance of any Order for
person for the purpose of producing any writings or other documents named attendance of
in the order: but no person shall be compelled to produce under any such person to
produce
order, any writing or other document which he could not be compelled to document
produce at the hearing or trial.

10. Any person wilfully disobeying any order requiring his attendance for the Disobedience to
purpose of being examined or producing any document shall be in contempt order for
attendance
of court, and may be dealt with accordingly.
Expenses of
11. Any person required attending for the purpose of being examined or of persons ordered
producing any document, shall be entitled to payment for expenses and loss of to attend
time occasioned by his attendance.

12. If any person summoned by subpoena to attend for examination refuses to Contempt of
court
attend or if having attended, refuses to be sworn or answer any lawful
question he shall be in contempt of court and may be dealt with accordingly
by the judge.

13. When the examination of any witness before any examiner under Rule 7 has Examination of
witnesses
been conducted, the original deposition authenticated by the signature of the
examiner, shall be transmitted by him to the registry and filed.

14. Except where by this Order otherwise provided or directed by the court, no
deposition shall be given in evidence at the hearing or trial of the cause or Dispositions not
to be given in
matter without the consent of the party against whom it may be offered, unless evidence
the court is satisfied that the deponent is dead or beyond the jurisdiction of the without consent
of leave of a
court or due to illness or other infirmity to attend the hearing or trial. In any judge
case, the depositions certified under the hand of the person taking the
examination shall be admissible in evidence, saving all just exceptions,
without proof of the signature to such certificate.

57
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

15. Any officer of the court or other person directed to take the examination of
Oaths
any witness or person or any person nominated or appointed to take the
examination of any witness or person pursuant to the provisions of any
convention now made or which may be made with any foreign country, may
administer oaths.

Attendance of
16. A party may by subpoena ad testificandium or ducestecum require the
witness under attendance of any witness before an officer of the court or other person
subpoena appointed to take the examination, for the purpose of using his evidence upon
any proceeding in the cause or matter in like manner as such witness would be
bound to attend and be examined at the hearing or trial, and any party or
witness having made an affidavit to be used in any proceeding in the cause or
matter shall be bound on being so subpoenaed to attend before such officer or
person for cross-examination.

Practice as to 17. The practice with reference to the examination, cross examination and re-
taking evidence
at any stage of examination of witnesses at a trial shall extend and be applicable to evidence
cause or matter taken in any cause or matter at any stage.

18. The practice of court with respect to evidence at a trial, when applied to
Special directions evidence to be taken before an officer of the court or other person in any
as to taking
evidence cause or matter after the hearing or trial, shall be subject to any special
directions, which may be given in any case.

Evidence in 19. Subject to the provision of section 34 of the Evidence Act, all evidence taken
proceedings at the hearing or trial of any cause or matter may be used in any subsequent
subsequent to
trial proceedings in the same cause or matter.

20. Where it is intended to issue a subpoena, a praecipe for that purpose as in

Form of praecipe Form 28 containing the name or firm and the place of business or residence of
of a subpoena the legal practitioner intending to issue it, and where such legal practitioner is
Civil Form 28
only an agent, then the name or firm and place of business or residence of the
principal legal practitioner, shall in all cases be delivered and filed at the
registry. No subpoena shall be issued unless all court fees have been paid
(including fee for service) and unless sufficient money on the prescribed scale
is deposited to cover the first day’s attendance.
Form of
subpoena 21. A subpoena shall be as in any of Forms 29, 30 or 31 with such variations as
Civil Form 29, 30
or 31
circumstances may require.
Subpoena for 22. Where a subpoena is required for the attendance of a witness for the purpose
attendance of
witness in of proceedings in chambers, such subpoena shall issue from the registry as the
Chambers court may direct.

23. In the interval between the issue and service of any subpoena the legal
Correction of
errors in
practitioner issuing it may correct any error in the names of parties or
subpoena witnesses, and may have the writ resealed upon leaving a corrected praecipe

58
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

of the subpoena marked with words "altered and resealed", with the signature,
name and address of the legal practitioner.

24. A subpoena shall be served personally unless the court has ordered substituted Personal service
of subpoena
service where a person persistently evades service. The provisions of Order 7
shall so far as possible apply to service of a subpoena.

25. Any subpoena shall remain in force from the date of issue until the trial of Duration of
action or matter in which it is issued. subpoena

26. Any person who would under the circumstances alleged by him to exist Action to
perpetuate
become entitled upon the happening of any future event to any honour, title, testimony
dignity or office, or to any estate or interest in any property, real or personal
the right or claim to which cannot be brought to trial by him before the
happening of such event, may commence an action to perpetuate any
testimony which may be material for establishing such right or claim.
Examination
27. A witness shall not be examined to perpetuate his testimony unless an action of witnesses
to perpetuate
has been commenced for that purpose. testimony

Action not
28. No action to perpetuate the testimony of a witness shall be set down for trial. to be set
down for trial
29. Subject to the provision of the Evidence Act, a judge sitting at trial may admit Evidence of
evidence of a witness through video conference or any other electronic device protected witness
capable of recording live (as if he is personally in attendance in court) a
witness whenever the judge considers it expedient to do so particularly a
protected witness.

ORDER 35
The Undefended List

1. (1) Where an application in Form 1, as in the Appendix is made to issue a writ The undefended
of summons in respect of a claim to recover a debt or liquidated money list affidavit
demand, supported by an affidavit stating the grounds on which the claim is
based, and stating that in the deponent’s belief there is no defence to it, the
judge in chambers shall enter the suit for hearing in what shall be called the
“Undefended List”.
(2) A writ of summons for a suit in the undefended list shall contain the return Undefended list
date of the writ.

2. A claimant shall deliver to a registrar on the issue of the writ of summons, as Copy of affidavit
to be served
many copies of the supporting affidavit, as there are parties against whom
relief is sought, for service.

3. (1) Where a party served with the writ delivers to registrar, before 5 days to Notice of
the day fixed for hearing, a notice in writing that he intends to defend the suit, intention to
defend
59
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

together with an affidavit disclosing a defence on the merit, the court may
give him leave to defend upon such terms as the court may think just.
(2) Where leave to defend is given under this Rule, the action shall be
removed from the Undefended List and placed on the ordinary Cause List;
and the Court may order pleadings, or proceed to hearing without further
pleadings.

Judgment in 4. Where a defendant neglects to deliver the notice of defence and an affidavit
undefended suit
prescribed by Rule 3(1) or is not given leave to defend by the court the suit
shall be heard as an undefended suit and judgment given accordingly.

Oral 5. A court may call for hearing or require oral evidence where it feels compelled
evidence at any stage of the proceedings under Rule 4.

ORDER 36
Affidavits

Affidavit
1. Upon any motion, petition, summons or any other application, evidence may
evidence be given by affidavit, but the court may, suo motu or on application, order the
attendance for cross-examination of the deponent and where, the order has
been made and the person in question does not attend, his affidavit shall not
be used as evidence except by special leave.

2. Every affidavit shall bear the title in the cause or matter in which it is sworn
Title of affidavit
but in every case in which there is more than one claimant or defendant, it
shall be sufficient to state the full name of the first claimant or defendant
respectively and that there are other claimants or defendants as the case may
be.

3. The court may receive any affidavit sworn for the purpose of being used in
Use of defective any cause or matter, notwithstanding any defect in description of parties or
affidavit otherwise in the title or jurat, or any other irregularity in form , and may
direct an endorsement to be made on the document that it has been so
received.

Special time for 4. Where time is limited for filing affidavits, no affidavit filed after the time
filing affidavits shall be used, unless by leave of the court.

5. Unless by leave of the court no order made ex-parte in court founded on any
Affidavit in
support of ex-
affidavit shall be of any force unless the affidavit on which the application
parte was based was made before the order was applied for, or filed at the time of
applications making the application.

Notice of 6. The party intending to use any affidavit in support of any application made by
intention to use
affidavit
him shall give notice to the other parties.

60
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

7. Every alteration in any account verified by affidavit shall be marked with the Alterations in
accounts to be
initials of the commissioner before whom the affidavit is sworn and such initialed
alterations shall not be made by erasure.

8. Accounts, extracts from registers, particulars of creditors’ debt, and other Exhibits
documents referred to by affidavit, shall not be annexed to the affidavit or
referred to as annexed, but referred to as exhibits.

9. Every certificate on an exhibit referred to in an affidavit signed by the Certificate of

commissioner before whom the affidavit is sworn shall be marked with the exhibit
short title of the cause or matter.
Application of
10. The provisions of sections 79 to 90 or the relevant provisions of the Evidence Evidence Act
Act relating to affidavits shall be applicable under these rules. LFN CAP. 112

ORDER 37
Fast Track Cases

1. (1) The chief judge shall designate such number of Fast Track Judges as he
Fast Track Judges
thinks fit, who may act as Motion Fast Track judges and/or Trial Fast Track
judges.

2. A Fast Track judge may conduct pretrial conference or settlement of issues

subject to Order 35 and in compliance with Order 27 as he considers Pre-trial
Conference
expedient in the circumstances.
3. (1) The chief judge shall appoint an officer as coordinator for the Fast Track Coordinator,
Division. Fast Track
Division
(2) The Coordinator shall:
(a) Process Fast Track cases;
(b) Monitor the performance of the Fast Track Division and
submit weekly and monthly performance appraisal report to the
chief judge;
(c) Make recommendations on how to improve the operation of
the Fast Track Division;
(d) Publish the weekly Cause List every Friday or on an earlier
day if Friday is a public holiday;
(e) Manage, coordinate and supervise the operation of the Fast
Track Division; and
(f) Perform any other function that may be assigned to him by the
chief judge.

4. Where any of the parties specifically requests to proceed by way of Fast Track Jurisdiction of
Fast Track
as in Form 32, the Fast Track Court shall have jurisdiction to hear and Division
determine that case and any other case requiring exceptional urgency Form 32
including but not limited to the following:

61
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(a) Banker/ customer disputes;

(b) Commerce and Industry;
(c) Landlord and tenant;
(d) Federal Capital Territory or Area Council Revenue;
(e) Where any of the parties specifically requests to proceed by
Civil Form 32 way of Fast Track as in Form 32.
(f) Provided that the monetary claim in paragraphs (a) and (b)
above is not less than Fifty Million Naira; and
(g) Any other case which the chief judge may approve.

Assignment of 5. A Fast Track judge may not be assigned more than three cases a week.
Cases

Procedure for 6. (1) The claimant or counterclaimant shall present his originating
filing of cases process prepared by him or his legal practitioner accompanied
by:
a. Statement of claim
b. List of witnesses to be called at the trial,
c. Written statement on oath of the witnesses
d. Copies of every document or exhibit to be relied on at the trial,
e. Certificate of pre-action counseling, and
Civil form 33, f. A duly completed application form as in Form 33 obtained
34, 35 from the Division to place the cause or matter on the Fast
Track Division
(2) The Coordinator shall upon receipt of the processes in (1)
above issue an acknowledgement and forward the cause or
matter to the chief judge for approval or otherwise as in Form
34 or 35.
(3) Where a matter is placed on the Fast Track, a filing fee of
N100, 000(One Hundred Thousand naira) shall be paid by the
Applicant.
Accounts for fees
Civil From 36
7. The coordinator shall render monthly account of the monies received by the
revenue officer for filing processes, forms or notices as in Form 36.

Service of process 8. (1) The bailiff shall serve all processes or notices filed within 24 hours of
filing and file a proof of service.
(2) Where a bailiff is unable to effect service, a certificate of non-service shall
be filed.
(3) Any court official who receives or dispatches a file or process relating to a
Fast Track case shall state the date and time of receipt or dispatch.
(4) Service of process may be effected on parties or counsel in the court.
(5) All proofs of service must be filed within 24 hours.

Hearing dates 9. Trial shall be conducted on daily basis and parties are bound by hearing dates
fixed in advance.

62
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

10. (1) A judge may not grant an application for an adjournment, unless it is for
Adjournment
cogent and compelling reasons.
(2) Where an application for adjournment is granted, the order shall not
exceed three days from the date of the order.
(3) Where a matter is adjourned at the instance of a party, he shall pay cost of
not less than ten thousand (N10,000.00) naira per day for every day of the
adjournment to each other party.

11. (1) Where a party or his counsel will be absent from court, the party or his Absence of
counsel shall promptly inform the court. counsel
(2) Where a trial has commenced, the court will hold counsel responsible to
his commitment to continuous trial. The court shall proceed, notwithstanding
the absence of counsel, parties or witnesses.

12. The timetable for steps in Fast Track action is as follows:

Timetable for
(a) Administrative action by the chief judge after filing of process, form taking steps
or notice - within 24 hours;
(b) Service of process - within 3 days;
(c) Memorandum of appearance, defence and accompanying documents -
within 7 days, and 30 days outside jurisdiction;
(d) Reply to defence - within 7 days;
(e) Pre-trial conference, motions and other applications - within 7 days of
close of pleadings;
(f) Commencement to conclusion of trial - within 30 days;
(g) Filing and adoption of final addresses - within 14 days;
(h) Judgment - within 7 days; and
(i) Issuance of certified true copy of judgment - within 4 days.

13. (1) Where service has been duly effected and there is proof of service, an Compliance
extension of the time provided under the timetable for taking steps, shall not with timetable
be allowed, unless for cogent and compelling reasons.
(2) A Party who fails to comply with the period prescribed in the timetable
shall not be heard on an interlocutory application, except on an application
for extension of time.

14. (1) Where trial cannot commence on a date fixed for hearing due to the
absence of the claimant, the case shall be struck-out. Absence of
(2) Where the trial cannot commence on a date fixed for trial due to the parties

absence of the defendant, hearing shall continue and may be concluded

without further notice to the defendant.
(3) Where a case is struck-out under paragraph (1) above, the claimant may
apply to relist within 7 days.
(4) Where a case is relisted pursuant to sub rule (3) above, the claimant shall
pay a cost as shall be determined by the court.

15. (1) Addresses, objections and applications, except those arising extempore, Form of
shall be in writing and served on the other party. addresses,
Objections &
(2) Final addresses shall be deemed adopted in the absence of parties. Application
63
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

16. (1) The registrar shall prepare record of proceedings within three days of the
Application of conclusion of sittings.
Transcript
(2) Parties may apply for the record of proceedings upon payment of fees,
Civil Form 37 to be issued within three days of the application as in Form 37.

ORDER 38
Non-Suit
Judgment, Entry of Judgment

1. Where satisfactory evidence is not given entitling the claimant or defendant to

Non-suit the judgment of the court, the judge may suo motu or on application, non-suit
the claimant, but the parties’ legal practitioner shall have the right to make
submissions about the propriety or otherwise of making such order.

ORDER 39
Judgment, Entry of Judgment

Delivery of 1. The court shall at the pre-trial conference or after trial, deliver judgment in
Judgment open court, and direct such judgment to be entered.

Date of judgment 2. Where any judgment is pronounced by the court the judgment shall be dated
pronounced in the day on which such judgment is pronounced and shall take effect from that
court
date unless the court otherwise orders.

Date of judgment
3. When any judgment is directed to be entered by an order made on application
directed to be for judgment, the judgment shall, unless the court otherwise orders, be dated
entered the day on which the order is made and take effect that date but the order may
direct that the judgment shall not be entered until a given date, in which case
it shall take effect from that date.

4. The court at the time of making any judgment or order or at any time
afterwards, may direct the time within which the payment is to be made or
Judge may direct
time for payment other act is to be done, reckoned from the date of the judgment or order, or
or performance from some other point of time, as the court may deem fit and may order
and interest
interest at a rate not less than 10% per annum to be paid upon any judgment.

5. Every judgment or order made in any cause or matter requiring any person to
Time to be stated
for doing any act do an act shall state the time or the time after service of the judgment or
order, within which the act is to be done; there shall be endorsed on the
judgment or order a memorandum by the registry in the following words:

"If you, the within-named A.B., neglect to obey this judgment (or order) by the
time limited, you will be liable to process of execution for the purpose of
compelling you to obey the judgment (or order)".And shall be served upon the
person required to obey the judgment or order.

64
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

6. In any cause or matter where the defendant has appeared by legal practitioner, Judgment by
consent where
no order for entering judgment shall be made by consent unless the consent of defendant appears
the defendant is given by his legal practitioner or agent. by a Legal
Practitioner

7. Where the defendant has no legal practitioner such order shall not be made Judgment by
consent where
unless the defendant gives his consent in person in the open court. defendant has no
legal practitioner

ORDER 40
Drawing up of Orders

1. Every order shall bear the date on which it was made unless the court Date of order
otherwise directs and shall take effect accordingly.

2. Where an order has been made not embodying any special terms, or special Orders that may not
be drawn up
directions, but simply enlarging time for taking any proceeding or doing any
act or giving leave for -

(a) The issue of any writ other than a writ of attachment;

(b) The amendment of any writ or pleading;
(c) The filing of any document; or
(d) Any act to be done by any officer of the court other than a legal
practitioner, it shall not be necessary to draw up such order unless the
court otherwise directs; but the production of a note or memorandum
of such order signed by a judge shall be sufficient authority for such
enlargement of time, issue, amendment, filing or other act. A
direction that the costs of such order shall be cost in any cause or
matter shall not be deemed to be special direction within the meaning
of this rule.

3. An order shall be sealed, and shall be marked with the name of the judge by Form of order
whom it is made.

ORDER 41
Transfers and Consolidation

I - Transfers

1. Where the chief judge has in exercise of any power conferred on him by any
relevant enactment, order the transfer of any action or matter from a lower Order transferring
proceedings to High
court to the High Court, a copy of the order duly certified by the registrar shall Court
immediately be sent to the registrar of the lower court who shall transmit to
the High Court the documents referred to in the relevant law and other
necessary documents and processes.

65
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

2. (1) On receipt by the court of the relevant documents and processes, the
registrar shall notify the party who applied for the transfer or where the
Payment of filing transfer was not made on the application of any party, the claimant, to attend
fees at the registry and pay the fees for filing the documents. Such payments shall
be without prejudice to the question of how the costs shall ultimately be
borne.
(2) Such notification shall be effected by serving a notice personally on the
party concerned, or where an address for service has been given by such
party, at that address.

3. (1) Upon payment of the prescribed fees, the registrar shall within 7 days:
(a) File the documents received from the lower court;
Duties of Registrar
(b) Make an entry of the filing in the Cause Book; and
(c) Transmit the document to the chief judge or such other judge
appointed by the chief judge.
(2) The registrar shall then give notice to the parties to attend in person or by
counsel before a named judge on the day and at the time specified in the
notice. The fees for the service of this notice shall be borne in the first
instance by the party who has paid the fees for filing as provided by Rule 2 of
this Order.

Direction
4. (1)The chief judge or such other judge appointed by him shall, not later than
14 days after receiving the documents referred to in Rule 3 of this order:
(a) Hear the parties or their legal practitioners;
(b) Take cognizance of the documents; and;
(c) Give directions for the trial or hearing of the action or matter.
(2) Directions given under this Rule may include directions for the filing and
service of pleadings.

5. (1) If the claimant fails to attend in compliance with a notice given under sub-
Party failing to rule 2 of Rule 3 of this order, the court shall record his default and may, suo
attend
motu or on application, dismiss the action or matter. Upon an application by a
defendant to dismiss the action or matter the court may either dismiss the
action or matter or make such other orders on such terms as he deems just.
(2) If a defendant fails to attend in compliance with a notice given under sub-
rule 2 of Rule 3, the claimant may apply to enter judgment with costs or
obtain the order prayed for in the transferred proceedings against that
defendant(s).
Transfer where
court has no 6. Where a court has no jurisdiction in a cause or matter the judge may by order
jurisdiction transfer the cause or matter to a court with competent jurisdiction

Construction 7. In the preceding rule of this Order, the references to the claimant and the
defendant shall in relation to proceedings commenced otherwise than by writ,
by construed as references to the applicant and the respondent.

66
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

II - Consolidation

8. (1) The court may on application consolidate several actions pending before it
where it appears that the issues are the same in all the actions, and can Consolidation of
therefore be properly tried and determined at the same time. actions
(2) Where actions are pending before different judges, a party desiring
consolidation shall first apply to the chief judge for transfer of the matter to
the court before whom one or more of the matters are pending.
(3)(1) An Order to consolidate may be made where two or more actions are
pending between:

(a) The same claimant and the same defendant;

(b) The same claimant and different defendants;
(c) Different claimants and the same defendant, or
(d) Different claimants and different defendants;

(2)Where the claimant brings action against different defendants, they

will not be consolidated without the consent of all parties unless the
issues to be tried are identical.
(4) Where an order for consolidation has been made, it shall be drawn up at
the expense of the party or parties who applied for consolidation and shall be
recorded in the Cause Book.

ORDER 42
Interlocutory and other Orders

1. (1) Whereby in any contract a prima facie case of liability is established and Preservation or
Interim custody of
there is alleged as a matter of defence a right to be relieved wholly or partially subject matter of
from such liability, the court may make an order for the preservation or disputed contract
interim custody of the subject- matter of the litigation or order that the amount
in dispute be brought into court or otherwise secured.
(2) An application for an order under Rule 1 sub-rule 1 of this Order may be
made by the claimant at any time after his right appears from the pleadings.

2. When an application is made before trial for an injunction or other order and Early trial of cause
at any time before or during the hearing, it appears to the court that the matter
in controversy in the cause or matter is one which can be most conveniently
dealt with by an early trial, without first going into the merits on affidavit or
other evidence for the purpose of the application, it shall make an order for
such trial and such other order as the justice of the case may require.

3. The court may on the application of any party make any order for the sale of Order for sale of
any goods, wares or merchandise which may be of a perishable nature, or perishable goods
likely to injure from keeping, or which for any other just and sufficient reason
may be desirable to sell at once by any person or persons named in such order
in the manner and terms as the court may deem desirable.

67
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

4. (1) The court may upon the application of any party to an action or matter and
Detention, upon such terms as may be just, make any order for the detention,
preservation or preservation or inspection of any property or thing, being the subject of such
inspection of
property action or matter or as to which any question may arise therein and for all or
any of the purpose authorize any person to enter upon or into any land or
building in the possession of any party to such action or matter, and for all or
any of the purposes aforesaid authorize any samples to be taken or any
observation to be made or experiment to be tried, which may be necessary or
expedient for the purpose of obtaining full information or evidence.
(2) Where an order for the inspection of any property or thing is made on an
application under this rule (including an application made before any
pleadings have been delivered in the action or matter) it appears that
inspection was requested in writing by the application and was not given,
then, unless the court is satisfied that the respondent did not unreasonably fail
or refuse to permit the inspection, the court shall order the costs to be paid by
the respondent in any event and except where the respondent is a "Poor
Person", shall order the cost to be paid.
(3) The judge by whom any action or matter may be heard or tried, may
Inspection by
Judge inspect any property or thing concerning which any question may arise.

5. (1) Where any property is in possession of the court before or after judgment
Sale of property and it has remained so for a period of 12 months, the court may suo motu
in possession of make an order for the sale of that property and the proceeds to be paid into an
court
interest yielding account in a commercial bank directed by the court for the
benefit of the person that succeeds at the trial or on appeal.
(2) The money paid after disposal of any goods or chattel shall be withdrawn
from the bank by the successful party who shall present to the chief registrar a
certified true copy of the enrolment of the judgment.

6. Where an action or counterclaim is filed to recover specific property and the

Recovery of
property other party from whom such recovery is sought does not dispute title but claims to
than land retain the property by virtue of a lien or otherwise as security for any sum of
subject to lien
money, the court may at the pre-trial conference order that the party claiming
to recover the property be at liberty to pay into court, to abide the event of the
action, the amount of money on which the lien or security is claimed and such
further sum, if any, for interest and costs as the court may direct and that upon
such payment into court being made, the property claimed be given up to the
party claiming it.

7. Where any real or personal estate or property forms the subject of any
Allowance of
income of proceedings and the court is satisfied that it will be more than sufficient to
property answer all the claims which ought to be provided for in such proceedings, the
pendent lite
court may at any time after the commencement of the proceedings allow the
parties interested or any one or more of them, the whole or part of the annual
income of the real estate or a part of the personal estate or property or the
whole or part of the income , up to such time as the court shall direct.

68
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

8. In any action or matter in which an injunction has been or might have been
Injunction against
claimed, the claimant may, before or after judgment, apply for an injunction repetition of
to restrain the defendant or respondent from the repetition or continuance of wrongful act for
breach of
the wrongful act or breach of contract complained of or from the commission contract
of any injury relating to the same property or right or arising out of the same
contract and the court may grant the injunction upon or without terms as may
be just.

9. In every case in which an application is made for the appointment of a Appointment of a

receiver by way of equitable execution, the court in determining whether such receiver by way of
appointment is just or convenient shall have regards to the amount of the equitable
execution
debt claimed by the applicant, the amount which may probably be obtained by
the receiver and to the probable costs of his appointment and may if it deems
fit, direct any inquiries on these or other matters before making the
appointment.

10. Where an order is made directing a receiver to be appointed, unless otherwise Receiver’s security
ordered, the person to be appointed shall first give security, to be approved by and remuneration
the court, duly to account for what he shall receive as such receiver, and to
pay it as the court shall direct; and the person to be appointed shall, unless
otherwise ordered to be allowed a proper salary or allowance. The security to
Civil forms 38 & 39
be given shall be by guarantee or by undertaking as in Forms 38 and 39 with
such variation as circumstances may require. The undertaking shall be filed in
the registry and form part of the record of proceedings until it has been duly
vacated.

11. Where any judgment or order is pronounced or made in court appointing a Where receiver
named person to be a receiver the court may adjourn the proceedings then appointed in
court:
pending, so that the named person may give security as in the last preceding adjournment to
rule , and may direct such judgment or order to be drawn up. give security

12. When a receiver is appointed with a direction that he shall pass accounts, the Fixing days for
court shall fix the days upon which he shall (quarterly or at shorter periods) receivers to leave
and pass their
leave and pass such accounts, and also the days upon which he shall pay the accounts and pay
balances appearing due on the accounts so left, or such part of them as shall in balances and
neglect of
be certified as proper to be paid by him. Any such receiver who neglects to payment
leave and pass his accounts and pay the balances at the time fixed for the
purpose, the court may from time to time when his subsequent accounts are
produced to be examined and passed, disallow the salary claimed by such
receiver and may also charge him with interest at a rate not exceeding 25%
per annum upon the balances so neglected to be paid by him during the time it
appears to have remained in his custody.
Form of receivers
13. Receivers’ accounts shall be as in Form 40 with such variations as accounts
circumstances may require. Civil Form 40

14. Every receiver shall deliver to the registrar his account, together with an Leaving account
affidavit verifying the same as in Form 41 with such variations as at the Registry

69 Civil Form 41
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

circumstances may require. An appointment shall be obtained by the claimant

or person having the conduct of the action for the purpose of passing such
account.

Consequences 15. Where any receiver fails to leave any account, affidavit, pass such account, or
of default by
receiver make any payment or otherwise, the receiver or the parties or any of them,
may be required to show cause why such account passed or such payment was
made or any other proper proceedings taken and such directions as shall be
proper may be given, including the discharge of any receiver and appointment
of another and payment of costs.
Passing of
guardian’s 16. The accounts of guardians shall be passed and verified in the same manner as
accounts
provided in this Order for receiver’s accounts.

ORDER 43
Motions and other Applications

Application 1. (1) Whereby in this Rules any application is authorised to be made to the
and service
court, it shall be made by motion which may be supported by affidavit and
shall state the rule of court or enactment under which the application is
brought.
(2) Every application shall be accompanied by a written address.
(3) Where the other party intends to oppose the application, he shall within 7
days of the service on him of such application, file his written address and
may accompany it with a counter affidavit.
(4) The applicant may within 7 days of being served with the written address
of the opposing party file and serve an address in reply on points of law with a
reply affidavit.

Restriction on 2. No motion or application for an Order nisi or order to show cause shall be
Order nisi and made in any action except where an application ex-parte is required or
order to show
cause permitted under any enactment or rules.

When notice
3. (1) No application for an injunction shall be made ex-parte unless the
on motion applicant files with it a motion on notice of the application.
should be (2) An order of injunction made upon an application ex- parte shall abate after
given
7 days.
(3) The court may upon application extend the effective period of an order
made ex-parte if he is satisfied that the motion on notice has been served and
that such extension is necessary in the interest of justice or to prevent an
irreparable or serious mischief. The application for such an extension shall be
made before abatement of the order and the extension shall not be for a period
exceeding 7 days from the day the extension is granted.

Application in 4. The court may deal with non contentious applications in chambers and may
chambers
deem the written addresses as having been adopted after two (2) days.

70
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

5. (1) Every motion on notice to set aside, remit or enforce an arbitral award
shall state in general terms the grounds of the application and where any such Motion relating to
arbitral award
motion is based on evidence by affidavit, a copy of the affidavit intended to
be used shall be served with the notice of motion.
(2) The party relying on an award, on applying for its enforcement, shall
provide:
(a) The duly authenticated original award or a certified copy;
(b) The original arbitration agreement or a certified copy
(3) An award made by an arbitrator or a settlement reached at the Multi-Door
Court House or at any lawfully recognised ADR institution may by leave of
the court be enforced in the same manner as a judgment or order of court.
(4) An application to set aside or remit an award may be made within 3
months after such award was published.

6. Unless the court grants special leave to the contrary, there must be at least 2
Special leave
clear days between the service of motion on notice and the day for hearing.

7. If on the hearing of a motion or other application the court shall be of the

opinion that any person to whom notice has not been given ought to have had Where notice not
such notice, the court may either strike out the motion or application or given

adjourn the hearing in order that such notice may be given upon such terms, if
any, as the court may deem it fit to impose.

8. The hearing of any motion or application may from time to time be adjourned Adjournment of
hearing motion
upon such terms, as the court shall deem fit. An application for adjournment
at the request of a party shall not be made more than two times.
Service of motion
9. The claimant may file any application along with an originating process and with originating
may serve both on any defendant simultaneously. process

10. Where the relationship of legal practitioner and client exists or has existed, a
summons may be issued by the client or his representative for the delivery of
Account by Legal
a cash account, the payment of moneys or the delivery of securities, and a Practitioner
judge may from time to time order the respondent to deliver to the applicant a
list of the moneys or securities which he has in his custody or control on
behalf of the applicant or to bring into court the whole or any part of the same,
within such time as the judge may order. In the event of the respondent
alleging that he has a claim for costs, the court may make such provision for
the taxation and the payment or security or the protection of the respondent’s
lien (if any) as he may deem fit.

11. If during the taxation of any bill of costs or the taking of any account between
Interim certificate
legal practitioner and client, it shall appear to the taxing officer may from time
to time make an interim certificate as to the amount so payable by the legal
practitioner. Upon the filling of such certificate, the court may order the
moneys so certified to be forthwith paid to the client or brought into court.

71
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 44
Application for Judicial Review

1. (1) An application for:

Case appropriate (a) An order of mandamus, prohibition or certiorari; or
for judicial review (b) An injunction restraining a person from acting in any office in
which he is not entitled to act shall be made by way of an
application for judicial review in accordance with the provisions of
this Order.
(2) An application for a declaration or an injunction (not being an injunction
in rule (1)(b) of this Rule) may be made by way of an application for judicial
review and the court may grant the declaration or injunction if it deems it just
and convenient, having regard to:

(a) The nature of the matters which relief may be granted by way of
an order of mandamus, prohibition or certiorari;
(b) The nature of the person and bodies against whom relief may be
granted by way of such an order;
(c) All the circumstances of the case.

Joinder of 2. On an application for judicial review any relief mentioned in Rule 1 may be
claims for relief
claimed as an alternative or in addition to any other relief so mentioned if it
arises out of, relates to or is connected with the same matter.

Leave 3. (1) No application for judicial review shall be made unless the leave of the
to apply for court has been obtained in accordance with this rule.
judicial review
(2) An application for leave shall be made ex-parte to the court and shall be
supported by:

(a) A statement setting out the name and description of the

application, the reliefs and the grounds on which they are sought;
(b) An affidavit verifying the facts relied on; and
(c) A written address in support of application for leave.

(3) The court hearing an application for leave may allow the applicant’s
statement to be amended, whether by specifying different or additional
grounds of relief or otherwise on such terms, if any, as he deems fit.
(4) The court shall not grant leave unless he considers that the application has
a sufficient interest in the matter to which the application relates.
(5) Where leave is sought to apply for an order of certiorari to remove for the
purpose of its being quashed any judgement, order, conviction or proceedings
which is subject to appeal and a time is limited for the bringing of the appeal,
the court may adjourn the application for leave until the appeal is determined
or the time for appealing has elapsed.
(6) Where leave to apply for judicial review is granted, then:

(a) If the relief sought is an order of prohibition or certiorari and the

court so directs, the grant shall operate as a stay of the proceedings
72
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

to which the application relates until the determination of the

application or until the court otherwise orders;
(b) If any other relief is sought, the court may at any time grant in the
proceedings such interim relief as could be granted in an action
begun by writ;
(c) The court may impose such term as to cost and as to giving
security as he deems fit.
Time within which
4. An application for judicial review shall be brought within 3 months of the to bring
application
date of occurrence of the subject of the application. Statements and
affidavits
5. (1) where leave has been granted and the court directs, the application may be
made by motion or by originating summons. Mode of applying
(2) The notice of motion or summons shall be served on all persons directly judicial review
affected and where it relates to any proceedings before the court and the
object of the application is either to compel the court or its officer to do any
act in relation to the proceedings, or to quash them or any order made. The
notice or summons shall be served on the clerk or registrar of the court and
where any objection to the conduct of the court is to be made, on the court.
(3) Unless the court granting leave has otherwise directed, there shall be at
least 7 days between the service of the notice of motion or summons and the
day named for the hearing.
(4) A motion shall be entered for hearing within 14 days after the grant of
leave.
(5) An affidavit giving the names, addresses, places and dates of service on all
persons who have been served with the notice of motion or summons shall be
filed before it is entered for hearing and if any person who ought to be served
under this rule has not been served, the affidavit stating that fact and the
reason for it shall be before the court at the hearing.
(6) If on the hearing of the motion or summons the court is of the opinion that
any person who ought, whether under this rule or otherwise, to have been
served has not been served, the court may adjourn the hearing on such terms,
if any, as it may direct in order that the notice or summons may be served on
that person.

6. (1) Copies of the statement in support of an application for leave under rule 3 Statements and
affidavit
shall be served with the notice of motion or summons and subject to sub-rule
2, no grounds shall be relied upon or any relief sought at the hearing except
the grounds and reliefs set out in the statement.
(2) The court may on the hearing of the motion or summons allow the
applicant to amend his statement whether by specifying different or additional
grounds of relief or otherwise, on such terms, if any, as he deems fit and may
allow further affidavits to be used if they deal with new matters arising out of
an affidavit of any other party to the application.
(3) Where the applicant intends to ask to be allowed to amend his statement or
to use further affidavits, he shall give notice of his intentions and of any
proposed amendment to every other party.

73
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(4) Each party to the application shall supply to every other party a copy of
every affidavit which he proposes to use at the hearing including, in the case
of the applicant, the affidavit in support of the application for leave under
Rule 3.

7. On an application for judicial review the court may, subject to Rule 2, award
Claim for
damages damages to the applicant if:
(a) He has included in the statement in support of his application for leave
under Rule 3 a claim for damages arising from any matter to which the
application relates; and
(b) The court is satisfied that if the claim had been made in an action begun by
the applicant at the time of making his application, he could have been
awarded damages.

Interlocutory 8. Any interlocutory application in proceedings on an application for judicial

application review may be made to the court.

9. (1) On the hearing of any motion or summons under Rule 5, any person who
Hearing of
desires to be heard on the motion or summons, and appears to the court to be a
application proper person to be heard, shall be heard notwithstanding that he has not been
for judicial served with notice of the motion or the summons.
review
(2) Where the reliefs sought is or includes an order of certiorari to remove any
proceedings for the purpose of quashing them, the applicant may not question
the validity of any order, warrant, commitment, conviction, inquisition or
record unless before the hearing of the motion or summons he has filed a copy
of such verified by affidavit or account for his failure to do so to the
satisfaction of the court hearing the motion or summons.
(3) Where an order of certiorari is made in any such case as is referred to in
sub-rule 2, the order shall, subject to sub-rule 4, direct that the proceedings
shall be quashed immediately on their removal into court.
(4) Where the relief sought is an order of certiorari and the court is satisfied
that there are grounds for quashing the decision to which the application
relates, the court may, in addition to quashing it, remit the matter to the court,
tribunal or authority concerned with a direction to reconsider it and reach a
decision in accordance with the findings of the court.
(5) Where the relief sought is a declaration, an injunction or damages and the
court considers that it should not be granted on an application for judicial
review but might have been granted if it had been sought in an action begun
by writ by the applicant at the time of making his application, the court may,
instead of refusing the application, order the proceedings to continue as if they
had been begun by writ.

Obedience to 10. No action or proceeding shall be brought or prosecuted against any person for
an order of
mandamus anything done in obedience to an order of mandamus.

11. Where there is more than one application pending against several persons in
Consolidation the same matter and on the same grounds, the court may order the applications
of application to be consolidated.
74
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 45
Jurisdiction of Chief Registrar

1. In this Order, any reference to the chief registrar means the chief registrar of Chief Registrar
High Court and includes the deputy chief registrar.

2. The chief registrar may transact business and exercise authority and Business to be
conducted by
jurisdiction as may be transacted or exercised by a judge in the following Chief Registrar
matters:

(a) Applications for the taxation and delivery of bills of costs and
applications for the delivery by any legal practitioner of deeds,
documents and papers;
(b) The taking of an account in any case where the court has ordered
that the account be taken by the chief registrar;
(c) The taxation of bills of costs;
(d) Applications leading to the issue of the grant of probate or letters
of administration of the estates of deceased persons in non-
contentious or common from probate business.

3. If any matter appears to the chief registrar proper for the decision of a judge, Chief Registrar
he may refer it to the chief judge or the court who referred the matter to the may refer
matter to the
chief registrar. The chief judge or the court may either dispose of the matter or Chief Judge
refer it back to the chief registrar with such directions as he may deem fit.

4. Any person affected by an order or decision of the chief registrar in the Appeal from
order of Chief
exercise of the jurisdiction conferred upon him by this Order may appeal to a Registrar
judge. Such appeal shall be by notice in writing to attend before the judge
without a fresh summons within 5 days after the decision complained of or
such further time as may be allowed by the judge. Unless otherwise ordered,
there shall be at least 2 clear days between service of the notice of appeal and
the day of hearing. An appeal from the decision of the chief registrar shall not
operate as a stay of proceedings unless so ordered by the judge.

5. Lists of matters to be heard by the chief registrar shall be made out and Chief
published by being posted on the court’s notice boards. Registrar’s list

6. A legal practitioner may represent any party in any proceedings before the Legal
chief registrar under the jurisdiction vested in him by this Order, Practitioner
may represent
Party
7. Except as otherwise provided for in these rules, the directions to be given for
Certificate
or concerning any proceedings before the chief registrar shall require no
particular form, but the result of such proceedings shall be concisely stated in
a certificate.

8. The certificate of the chief registrar regarding accounts and inquires shall not,
Reference to
unless the circumstances of the case render it necessary, set out the judgment, judgment
order, any document, evidence or reasons but shall refer to the judgment,
75
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

order, documents and evidence or particular paragraphs, so that it may appear

on the face of it what the result stated in the certificate is founded on.

Form and 9. (1) In case of accounts and inquiries the certificate of the chief registrar shall
Contents of be as in Form 42 with such variations as the circumstances may require.
certificate
(2) The certificate shall state the result of the account and not set it out by way
Civil Form 42 of schedule, but shall refer to the account verified by the affidavit filed and
shall specify by the numbers attached to the items in the account which (if
Content of any) of such items have been disallowed or varied and shall state what
certificate in additions (if any) have been made by way of surcharge or otherwise. Where
cases of
accounts
the account verified by the affidavit has been so altered that it is necessary to
and have a fair transcript of the account so altered, such transcript may be required
transcripts to be made by the party prosecuting the judgment or order and shall be
referred to in the certificate. The account and transcripts (if any) referred to in
certificates shall be filed.

When 10. Every certificate with the accounts (if any) to be filed shall be transmitted by
certificate the chief registrar to the registry for filing and shall be binding on all the
becomes
binding parties to the proceedings unless discharged or varied upon an application
made to the court before the expiration of 8 clear days after the filing of the
certificate.

11. When taxing a bill of costs the chief registrar shall insert in red ink against
Bill of costs every item disallowed, reduced or altered and the substance of the
modification and at the bottom of the bill of costs he shall certify the net result
of the taxation. The bill of costs shall be transmitted by the chief registrar to
the registry for filing and the provisions of Rule 10 of this Order shall apply to
the certificate.
Discharge or
variation of 12. The court may, if the special circumstances of the case require, upon an
certificate
after lapse of application direct a certificate to be discharged or varied at any time after it
any time has become binding on the parties.

ORDER 46
Garnishee Proceedings

1. (1) Where a person (in this Order referred to as “The Judgment Creditor”) has
obtained a judgment or order for the payment by some other person (in this
Application Order referred to as “The Judgment Debtor”) of the sum of money and any
other person within the jurisdiction (in this Order referred to as “The
Garnishee”) is indebted to the judgment debtor, the court may, subject to the
provisions of this Order and of any enactment, order the garnishee to pay the
judgment debtor from the garnishee or as much thereof as is sufficient to
satisfy that judgment or order and the costs of the garnishee proceedings.
(2) An Order under this Rule shall in the first instance be an order to show
cause, specifying the time and place for further consideration of the matter
76
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

and the mean time attaching such debt as is mentioned in sub rule (1) or so
much thereof as may be specified in the Order and the costs of the garnishee
proceedings.
(3) An order under this rule, shall not require a payment which would reduce
below N1,000.00 the amount standing in the name of the judgment debtor in
an account with a bank.

2. An application for an under rule (1), shall be made ex parte supported by an

affidavit;
(a) stating the name and last known address of the judgment debtor; How
application is
(b) identifying the judgment or order to be enforced and stating the made
amount of the judgment or the amount unpaid under it at the time of
the application;
(c) stating that to the best of the information or belief of the deponent,
the garnishee is within the jurisdiction and is indebted to the judgment
debtor and stating the sources of the deponent’s information or
grounds for his belief; and
(d) stating, where the garnishee is a bank having more than one place
of business, the name and address of the branch at which the judgment
debtor’s account is believed to be held and the number of that account
or if it be the case, that all or part of this information is not known to
the deponent.

3. Unless the court otherwise directs, and Order under rule (1) to show cause Service of
shall be served: garnishee
order
(a) on the garnishee personally, at least 15 days before the appointed
day before the consideration of the matter;
(b) on the judgment debtor, at least 7 days after the order has been
served on the garnishee and at least 7 days before the day appointed
for the further consideration of the matter.

4. (1) Where on the further consideration of the matter, the garnishee does not
Garnishee
attend or does not dispute the debt due or claimed to be due from him to the absolute
judgment debtor, the court may make an order absolute under rule (1), against
the garnishee.
(2) An order absolute under rule (1) against the garnishee may be enforced in
the same manner as any other order for the payment of money.

5. Where on the further consideration of the matter, the garnishee disputes

Determination
liability to pay the debt due or claimed to be due from him to the judgment of issue by the
debtor, the court may summarily determine the question in issue or other that court
any question necessary for determining the liability of the garnishee be tried,
without the need for any consent by the parties.

6. Where in garnishee proceedings, it is brought to the notice of the court that Where a third
some other person than the judgment debtor is or claims to be entitled to the person makes
debt sought to be attached or has claims to have a charge upon it, the court claim

77
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

may order that person to attend before the court and state the nature of his
claim with particulars thereof.

Compliance 7. Any payment made by a garnishee in compliance with an order absolute under
as discharge this Order and any execution levied against him in pursuant of such order
of liability
shall be a valid discharge of liability to the judgment debtor to the extent of
the amount paid or levied not withstanding that the garnishee proceedings are
subsequently set aside or the judgment or order from which the arose is
reserved.

ORDER 47
Habeas corpus, Attachment for Contempt
I - HABEAS CORPUS

Hebeas 1. Where a person is alleged to be wrongly detained, application may be made

corpus Ad for an order that he be produced in court for the purpose of being released
Subjiciendum
from detention.

Application 2. (1) No application under rule (1) shall be made unless leave has been granted
for leave in accordance with this rule.
(2) Application for such leave shall be made ex parte shall be made to the
court and shall be supported by a statement stating out the name, and
description of the applicant, the relief sought, and the grounds on which it is
sought; it shall also be supported by an affidavit verifying the fact relied on.
(3) The affidavit verifying the facts relied on in making the application shall
be made by the person detained; but where the person detained is unable
owing to the detention to make the affidavit, the application shall be
accompanied by an affidavit to the like effect made by some other persons,
which shall also state that the person detained is unable to make the affidavit
himself.
(4) The applicant shall file, in the court, the application for leave not later than
the day preceding the date of hearing, and shall at the same time lodge in the
court enough copies of the statement and affidavit for service on any party or
parties as the court may order.
(5) The court or judge may, in granting leave, impose such terms as to giving
security for cost as it thinks fit.
(6) The court or judge may: -
(a) make an order forthwith for the release of the person being
detained the provision of paragraph (1) notwithstanding;
(b) direct that an originating summons be issued in form 2 of the
fundamental rights (Enforcement) Rules, 1979; or
(c) adjourn the ex parte application so that notice thereof may be given
to the person against whom the order for the person released is sought.

78
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(7) The summons or notice of motion shall be served on the person against
whom the order for the release of the person detained is sought and on such
other persons as the court or judge may direct, and, unless the court or the
judge otherwise directs, there shall be at least five (5) clear days between the
service of the summons or motion and the date named therein for the hearing
of the application.

3. (1) Without prejudice to rule 2(6), the court or judge hearing the application Releasing
may, in its or his discretion, order the person be produced in court. person
(2) An order under paragraph 6 of this rule shall be a sufficient warrant for detained in
court
any superintendent of a prison, police officer in charge of a police station,
police officer in charge of the person detained or any other person responsible
for his detention, for the production in court of the person detained.
(3) Where an order is made for the production of the person detained, the
court or judge by whom the order is made shall give directions as to the court
or judge before whom, and the date on which the order is returnable.

4. (1) Subject to paragraphs two (2) and three (3), and order for production of Service of
the person detained shall be served personally on the person to whom it is order
directed.
(2) If it is not possible to serve such an order personally, or it is directed to a
police officer or prison superintendent or other public official, it shall be
served by leaving it with any person or official working in the office of the
police officer, or the prison or office of the superintendent or the office of the
public official to whom the order is directed.
(3) If the order is made against more than one person, the order shall be
served in a manner provided by the rule on the person first named on the order
and copies shall be served on each of the other persons in the same manner.
(4) There shall be served with the order (in form 4 in the fundamental rights
(Enforcement) Rules, 1979) stating the court or judge before whom, and the
date on which, the person detained is to be brought.

5. (1) The return to an order for the release of a person detained shall be Endorsement
endorsed on or annex to the order and shall state all the causes or justifications on return to
of the detainer of the person detained. the order for
release
(2) The return may be amended, or another return substituted therefor, by the
leave of court or judge before whom the order is returnable.

6. When a return to the order has been made, the return shall first be read in Procedure at
open court and an oral application then made for discharging or remanding the hearing

person detained or amending or quashing the return, and where that person is
brought upon in court in accordance with the order, his legal representative
shall be heard first, then the legal representative for the state or for any other
official or person detaining him. The legal representative for the person
detained would then be heard in reply.

79
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Order to be 7. An order for the release of the person detained shall be made in clear and
cleared simple terms having regard to all circumstances.

8. (1) An application for a writ of habeas corpus ad testificadum or habeas

corpus ad respondendum shall be made on affidavit.
Bringing
prisoners to (2) An application for an order to bring up prisoner, otherwise than by writ of
give evidence, habeas corpus, to give evidence in any cause or matter, civil or criminal,
etc
before any court or tribunal shall be made on affidavit.

9. A writ of habeas corpus shall be as in form 94, 95, or 96 in the appendix

Form of writ
whichever is appropriate

II – Attachment for Contempt

10. (1) In cases where this rule applies, the procedure in applications for
Procedure for
attachment attachment for contempt of court shall so far as may be applicable apply to
order for judicial review under Order 44.
(2) The notice of motion shall be personally served unless the judge dispenses
with such service.
(3) This rule applies to cases where the contempt is committed:

(a) In connection with proceedings to which this Order relates;

(b) In connection with criminal proceedings;
(c) Subject to the provisions of the Sheriff and Civil Process Act, any
proceedings in the High Court, or where the contempt consists of
disobedience to an order of the court;
(d) In connection with proceedings in an inferior court; but this rule
shall not apply where the contempt is committed in facie curiae.

Procedure on
11. When an order enforceable by committal has been made against a judgment
disobedience debtor, and if the order is for delivery of goods without the option of paying
to court order their value or is in the nature of an injunction, the registrar shall when the
order is drawn up immediately endorse it as follows:

Notice of Consequence of Disobedience to Court Order.

To…………………………………………………………….of………………………
TAKE NOTICE that unless you obey the direction (s) contained in this order you will
be guilty of contempt of court and will be liable to be committed to prison.
Dated this………………….day of………………………….. 20 ………….

……………………….
Registrar

12. Upon service of the application for committal issued in a case to which Rule
Response 10 of this Order applies, the Respondent shall before the return date stated in
the application file a statement stating the reasons why an order for
80
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

attachment should not be issued. The statement shall be verified by an

affidavit deposed to by the respondent.

13. Every order of attachment issued in a case to which Rule 10 of this Order Return
applies shall be made returnable before the judge. If a return of non est
inventus (not found) is made, a subsequent order or orders may be issued on
the return of the previous order.

ORDER 48
Interpleader

1. Relief by way of Interpleader may be granted where the person seeking relief When relief by
"the applicant" is under liability for any debt, money, goods, or chattels, for or Interpleader is
on which he is, or expects to be sued by two or more parties " the claimants" granted
making adverse claims. But where the applicant is a sheriff or other officer
charged with the execution of process by or under the authority of the High
Court, the provisions of Section 34 of the Sheriffs and Civil process Act and
the rules made under it shall apply.
Matter to be
2. The applicant must satisfy the judge by affidavit or otherwise that he: proved by
(a) Claims not interest in the subject matter in dispute other than for charges application
or costs;
(b) Does not collude with any of the claimants; and
(c) Is willing to pay or transfer the subject matter into court or to dispose of it
as the judge may direct.
Adverse title of
3. The applicant shall not be disentitled to relief by reason only that the titles of claimants
the claimants have no common origin, but are adverse to and independent of
one another.

4. Where the applicant is a defendant, application for relief may be made at any When application
to be made by a
time after service of the originating process. defendant

5. The applicant may take out a summons calling on the claimants to appear and
Summons by
state the nature and particulars of their claims and to maintain or relinquish applicant
them.

6. If the application is made by a defendant in an action the court may stay all Stay of action
further proceedings in the action.

7. If the claimants appear in pursuance of the summons, the court may order
Order upon
either that any claimant be made a defendant in any action already summons
commenced in respect of the subject matter in dispute in lieu of, or in addition
to the applicant or that an issue between the claimants be stated and tried, and
in the latter case may direct which of the applicants is to be claimant or
defendant.

81
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Questions of 8. Where the question is a question of law and the facts are not in dispute, the
Law court may either decide the questions without directing the trial of an issue or
order that a special case be stated for the opinion of the court. If a special case
is stated, Order 30 shall as far as applicable apply.

9. If a claimant, having been duly served with a summons calling on him to

Failure of appear and maintain or relinquish his claim, does not appear in pursuance of
claimant to
appear, or
the summons or having appeared, neglects or refuses to comply with any
neglect to obey order made after his appearance, the court may make an order declaring him
summons and all persons claiming under him, for ever barred against the applicant and
persons claiming under him but the order shall not affect the rights of the
claimants as between themselves.

Costs 10. The court may, in or for the purposes of any interpleader proceedings, make
all such orders as to costs and all other matters as may be just.

ORDER 49
Computation of Time

Rules for 1. Where by any law or order made by the court a time is appointed or limited
computation of for the doing of any act, the period shall be reckoned:
time

(a) As excluding the day on which the order is made or on which the
event occurs;
(b) Where the last day of the period is a holiday the time shall
continue until the end of the next day following which is not a
public holiday;
(c) Where the act is required to be done within a period which does
not exceed 6 days, holiday shall be left out of account in
computing the period.

Holiday 2. In this order “holiday” means a day which is a Sunday or a public holiday.

3. No pleading, summons, motions, orders, originating process, documents and

Time of service other processes shall be served before 6.00a.m. or after 6.00p.m. Service
effected after 6.00p.m. shall be deemed to have been effected the following
day, but service effected after 6.00p.m. on Saturday shall be deemed to have
been effected on the following Monday.

Court may 4. The court may, as often as he deems fit and either before or after the
extend time expiration of the time appointed by these rules or by any judgment or order of
the court, extend the time or adjourn for doing any act or taking any
proceedings.

Penalty for 5. Any party who defaults in performing an act within the time authorized by the
default court or under these rules, shall pay to the court an additional fee of N200.00
(Two hundred naira) for each day of such default at the time of compliance.
82
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 50
Appeals from District and Area Courts

1. Except for interlocutory appeals which shall be brought within 15 days, every Time to bring
appeal shall be brought by notice of appeal lodged in the lower court within notice of
appeal
30 days of the decision appealed from and served on all other parties affected
by the appeal.

2. (1) The notice of appeal shall set out in full the reference number of the Contents of
notice of
proceedings in which the decision complained of was given, the names of the appeal
parties, the date of the decision and the grounds of appeal.
(2) Where the appellant complains only of a part of the decision, the notice of
appeal shall specify the part complained of; otherwise the appeal shall be
taken to be against the decision as a whole.
(3) The notice of appeal shall give an address within the Federal Capital
Territory, Abuja, where the lower court appealed from is situated, to which
notices may be sent for the appellant by registered post.
(4) The notice of appeal shall be in Form 43, as in the Appendix and may be Civil Form 43
varied to suit the circumstances of the case but no variation of substance shall
be made.

3. (1) A registrar of the lower court shall, within 3 months of decision appealed
Copies of
from, prepare as many certified copies of the proceedings required for the proceedings
consideration of the appeal as there are parties on record.
(2) Except where the fees for preparing the certified copies are remitted, a
deposit decided on by the registrar as likely to cover the fees, shall be made
by the appellant before the preparation of the copies.

4. (1) A registrar of the lower court shall within 7 days of preparing the certified
Time to transmit
copies send them to the registrar (appeals) of the High Court as the record of records of
appeal, and the appeal shall be deemed to have been entered. proceedings
(2) The registrar (appeals) shall within 7 days of receipt of the records of
appeal forward it to the parties.

5. The registrar of the court shall send to each party a notice of the date fixed for Hearing notice
the hearing of the appeal.

6. The time prescribed in Rule 1 , may be enlarged at any time by the court on Enlargement of
such terms as it may deem fit, after notice is given to the respondent by the time after
service of notice
appellant of his application for enlargement of time. of appeal

7. Where the time available to the appellant for the taking of any step has Where time
expired before such step has been taken or completed, the respondent may, on elapsed
notice to the appellant, apply to the court to strike out the appeal, and the
court may strike out, or enlarge the time for sufficient reason shown.
Constitution of
8. All civil appeals from lower courts shall be heard by one judge of the court. court hearing
appeal

83
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Time and place 9. The appeal shall come on for hearing at such time and at such place as the
of hearing registrar of the court shall notify the parties.

10. Unless the court gives leave to the contrary:

Briefs of (a) All appeals from courts below shall be heard and determined on briefs
argument
of argument filed and exchanged between the parties;
(b) The appellant shall file an appellant’s brief within 21 days of the
receipt of the records of appeal from the court;
(c) The respondent shall file and serve a respondent’s brief within 14 days
of service on him of the appellant’s brief;
(d) The appellant may file a reply brief which shall deal with any new
issue raised in the respondent’s brief, within 7 days of the receipt of
the respondent’s brief.
(e) Every brief shall clearly identify the issues distilled from the grounds
of appeal on the basis of which parties desire the court to determine
the appeal;
(f) Any issue which is not covered by any ground of appeal shall not be
considered by the court in its judgment.
Direction for 11. A court may direct a departure from these Rules in respect of compilation of
departure
records from the lower court upon the application of any party to an appeal.

Default of 12. (1) Where on the day of hearing or at an appointed day of the case, the
appearance by appellant does not appear, the appeal may be struck out , unless the court
appellant
thinks fit, for sufficient cause to order otherwise.
(2) Where a respondent appears, the judgment shall be with costs of the
appeal against the appellant, unless the court expressly orders, but if the
respondent does not appear, the costs of the appeal shall be at the discretion of
the court.

Default of 13. Where on the day of hearing and at any appointed day of the case, the
appearance by appellant appears, the court shall, whether the respondent appears or not,
respondent
proceed to the hearing or further hearing and determination of the appeal and
shall give judgment according to the merits of the case but if it appears or is
proved to the court that the appellant has not complied with the requirements
precedent to the hearing of an appeal, the court may dismiss the appeal with
or without costs of appeal against the appellant.

Amendment of 14. The court, may allow an amendment of the notice of appeal upon such terms
notice of appeal
and conditions as it may think fit.

Affirmation of 15. (1) A respondent may give notice that he intends at the hearing to ask the
judgment
court to affirm the judgment of the lower court on grounds other than those
stated by that court.
(2) The notice shall be accompanied by a clear statement of the grounds on
which the respondent intends to ask the court to affirm the judgment of the
lower court.

84
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(3) Such notice and grounds shall be filed in court within 14 days of service
on the respondent of the notice and grounds of appeal, and shall be served on
the appellant or his legal practitioner.

16. (1) A respondent may file grounds of appeal against any part of the judgment Time to file
of the lower court. respondent’s
grounds of
(2) The grounds shall be filed by the respondent within 14 days of service on appeal
him of the appellant’s notice and grounds of appeal, and shall be served on the
appellant or his legal practitioner before the hearing.

17. (1) No objection on account of any defect in the form of stating any ground
Defect of
of appeal shall be allowed, unless the court is of opinion that the ground of grounds of
appeal is so imperfectly or incorrectly stated such that it is insufficient to appeal
enable the respondent to enquire into the subject-matter or to prepare for the
hearing.
(2) Where a court is of opinion that an objection to any ground of appeal
ought to prevail, it may, allow the ground of appeal to be amended upon such
terms and conditions as it may think just.

18. (1) On an appeal from a decision of a lower court, no objection shall be taken
Objection to
or allowed to any proceeding in such court for a defect or error which might notice of
have been amended by that court, or to any complaints, summons, warrant, or appeal
other process to or of such court for any alleged defect in substance or in
form, or for any variance between any complaint or summons and the
evidence adduced in support in such court.
(2) Where an error, defect, or variance mentioned in this Rule appears to the
court at the hearing of any appeal to be such that the appellant has been
thereby deceived or misled, it shall be lawful for the court either to refer the
case back to the lower court with directions to re-hear and determine it or to
reverse the decision appealed from, or to make such other order for disposal
of the case as justice may require.

19. No objection shall be taken or allowed, on an appeal, to a notice of appeal

Defects in
which is in writing or to any recognizance entered into under this Order for notice of
the due prosecution of the appeal for any alleged error or defect, but if the appeal or
recognizance
error or defect appears to the court to be such that the respondent on the
appeal has been thereby deceived or misled, it shall be lawful for the court to
amend it, and, if it is expedient to do so, also to adjourn the further hearing of
the appeal, the amendment and the adjournment, if any, being made on such
terms as the court may think just.

20. A court may, where it considers it necessary that evidence should be adduced,
either: Adducing
evidence
(a) order such evidence to be adduced before the court on a day to be
fixed; or
(b) refer the case back to the lower court to take such evidence, and may
in such case either direct the lower court to adjudicate afresh after
taking such evidence and subject to such directions in law, as the court
85
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

may think fit to give after taking such evidence, to report specific
findings of fact for the information of the court, and on any such
reference the case shall, so far as may be practicable and necessary, be
dealt with as if it were being heard in the first instance.

Additional 21. (1) Where additional evidence is to be taken by a lower court and specific
evidence
findings of fact reported, it shall certify the evidence to the court which shall
then proceed to dispose of the appeal.
(2) The appellant or his legal practitioner shall be present when the additional
evidence is taken.
(3) Evidence taken in pursuance of rule 18 of this Order shall be taken as if it
were taken at the trial before the lower court.
(4) When forwarding to a court any additional evidence taken by a lower
court in pursuance of Rule 20, the lower court may express its evidence and
may also, if it is the same court against whose decision the appeal has been
made, state whether or not it would have come to a different decision had the
additional evidence been brought forward at the trial.

Fees
22. The fees in the First Schedule shall be chargeable in civil appeals except
First Schedule where they would have to be paid by a Government officer acting in his
official capacity or where the lower court or the court waives or remits the
fees on the ground of the poverty of the person chargeable where it appears
that there are substantial grounds of appeal.

Allowances 23. Allowances may be made to witnesses in accordance with the provisions of
the Schedule.

24. (1) On an application made for stay of execution under any enactment
Application for
stay of
establishing the lower court, the lower court or the court may impose one or
execution more of the following conditions:
(a) That the appellant shall deposit a sum fixed by the court not
exceeding the amount of the money or the value of the property;
affected by the decision or judgment appealed from, or give security
to the satisfaction of the court for the said sum;
(b) That the appellant shall deposit a sum equal to the amount of the
costs allowed against him or give security to the satisfaction of the
court for the said sum;
(c) that the appellant shall, where the decision or judgment appealed
from relates to possession of land or houses, give security to the
satisfaction of the court for the performance of the decision or
judgment in the event of the appeal being dismissed;
(d) That the appellant’s property shall be seized and attached pending the
making of a deposit or the giving of security, including a deposit or
security for expenses incidental to the seizure and attachment;
(e) That the appellant’s property shall be seized, attached and sold and
the net proceeds deposited in court pending determination of the
appeal.

86
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(2) An Order made on an application shall limit the time (not being more than
30 days) for the performance of the conditions imposed, and direct that in
default of the performance within the time so limited execution may issue or
proceed.
(3) An application for stay of execution under the enactment establishing the
lower court may be made at any time after lodgment of the notice of appeal
and shall in the first instance be made to the lower court; but where execution
has been ordered by the lower court the application shall not be made to the
lower court but to the court.
(4) The application may be ex parte but the court may direct notice of it be
given to the other party to the appeal; and where an order is made ex parte the
registrar of the court shall notify the other party of the order made.
(5) Where an appellant proposes to give security instead of making a deposit,
the application shall state the nature of the security and the name of the surety
proposed.
(6) A party dissatisfied with an order made by the lower court may apply to
the court by motion with notice to the other party for a review of the order,
and the court may then make such order as may seem just.
(7) An appeal shall not operate as a stay of execution under the decision or
judgment appealed from except as the lower court or the court may order; and
no intermediate act or proceeding shall be invalidated except so far as either
court may direct.

25. A court may make such Order as to the payment of costs by or to the appellant Cost
as it may consider to be just and the Order may be made also in any case
where an appeal has not been entered into or prosecuted.

26. (1) A court may, in special circumstances, on an application on notice Security for
supported by an affidavit, order the appellant to deposit such sum or give such respondent’s
security as may seem fit for respondent’s costs of appeal including the costs costs of
appeal
incidental to the application.
(2) The order shall limit the time (not exceeding 30 days) within which the
deposit or security shall be made, and may direct that in default of its being
made or given within the time so limited the appeal shall without further order
stand dismissed.
(3) Where an appeal is dismissed the respondent shall be entitled to all
reasonable costs occasioned by the appeal and the amount of such costs may
be stated in the order in anticipation or may be assessed at any time by the
court of its own motion or on application made ex parte or on notice, as the
court may deem fit.
(4) Where an appeal is dismissed the appellant shall take no further step or
proceeding except by leave of the court for reinstatement of the appeal, which
may be granted on such terms as may deem fit upon application by motion on
notice given within a month of such dismissal.
(5) Subject to the discretion of the court to grant costs where it seems proper
on an application made under sub rule (1), costs shall not be granted to the
applicant except where the net proceeds of execution levied on the appellant’s

87
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

goods are sufficient to satisfy the amount payable under the judgment or
decision appealed from.

Certification of 27. (1) Where a case is decided on appeal the court shall certify its judgment or
judgment or order to the lower court in which the decision appealed against was
order
pronounced.
(2) The lower court to which the court certifies its judgment or order shall
then make such orders as are conformable to the judgment or order of the
court, and if necessary, the records shall be amended accordingly.

28. After the pronouncement of the judgment of the court, the lower court from
Enforcement of which the appeal came shall have the same jurisdiction and power to enforce,
judgment
any decision which may have been affirmed, modified, amended, or
substituted by the court or any judgment which may have been pronounced by
the court, in the same manner in all respects as if such decision or judgment
had been pronounced by itself.

Enforcement
29. Any order given or made by the court may be enforced by the court or by the
of order lower courts as may be most expedient.

Enlargement of 30. A court may, if it thinks fit, enlarge any period of time prescribed by this
time Order.

31. In this Order-

Interpretation “the lower court” means District Court and Area Court
“Judgement” includes an Order or a Ruling.

ORDER 51
Appeals to the High Court from Decision of Auditors

Appeal from 1. This order shall apply to an appeal to the court from a decision of an auditor
decision of an made under the provisions of any written law which confers the right to
auditor
appeal to the High Court against any such decision.

Mode of appeal 2. An appeal to the court from a decision of an auditor shall be by notice of
motion.
Evidence of
appeal
2. The evidence upon the hearing of the appeal shall be by affidavit except
otherwise direct by the court.

Time to serve 4. The notice of motion shall be served, before the expiration of 6 weeks after
notice of motion the date of the decision to which it relates, on the auditor in charge of the
audit in which the decision has been made and also upon the area council or
other body in relation to whose accounts or to the accounts of whose officer
the decision was given, if that Area Council or other body is not the appellant.

88
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

5. The notice of motion shall state the grounds of appeal, and the date mentioned Contents of
notice and date
in the notice for the hearing of the appeal shall, not be less than 28 days after of hearing
the service of the notice.

6. (1) An appellant shall within 7 days after service on the auditor of the notice
of motion, file with the registrar (appeals) a copy of such notice and an Time to file
notice
affidavit setting out the reasons stated by the auditor for his decision and the
facts upon which the appellant intends to rely at the hearing and the motion
shall be set down for hearing.
(2) Where a notice of motion is not set down accordingly, either the Area
Council or other body or the auditor may apply to the court, upon notice to the
appellant for an order discharging the notice of motion and for the costs of the
application.

7. An appellant shall deliver immediately to the Area Council or other body and Time within
to the auditor a copy of any affidavit filed under Rule 6 in support of the which to oppose
motion
motion and any person intending to oppose the motion shall, within 4 days
before the hearing, deliver to the appellant a copy of an affidavit intended to
be filed by him in opposition to the motion.

8. Where under Rule 4 of this Order, a notice of motion is served on an auditor Service on
Auditor other
other than that auditor who gave the decision that other auditor may appear in than the auditor
opposition, as if he were the auditor by whom the decision was given, and who gave the
decision
these provisions shall apply accordingly.

ORDER 52
Miscellaneous Provisions
I. Court Sittings and Vacation

1. Subject to the provisions of the Law, the court may, in its discretion, appoint Days of sittings
any day or days and any place or places from time to time for the hearing of and long
vacation
causes as circumstances may require.

2. The sittings of the court for the hearing of causes shall ordinarily be public but Public or private
subject to the provisions of the Constitution of the Federal Republic of sittings of court
Nigeria, the judge may for special reasons, hear any particular cause or matter
in the presence of the parties only, their legal practitioners, if any, and the
officers of court.

3. The offices of the court shall be open at such times as the chief judge shall Operational
direct. time for offices
of court

4. Subject to the directions of the chief judge, sittings of the High Court for the Days of sittings
and annual
despatch of civil matters will be held on every weekday, except: vacation

(a) On any public holidays;

89
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(b) During the week beginning with Easter Monday;

(c) During the period beginning on Christmas eve and ending on the
2nd January next following;
(d) During the week designated as settlement week;
(e) During the annual vacation, effective from the last week of July
and ending on a date not more than 6 weeks later as the chief judge
may declare by notification in the Gazette or any other means he
deems appropriate.

5. (1) Notwithstanding the provisions of Rule 4, any cause or matter may be

heard by the court during any of the periods mentioned in paragraphs (b), (c)
Urgent matters on or (d) of Rule 4 (except on a Sunday or public holiday) where such cause or
vacation
matter is urgent or the court, at the request of all the parties concerned, agrees
to hear the cause or matter.
Ex parte motion (2) An application for an urgent hearing shall be made by motion ex-parte and
for urgent matters the decision of the court on such an application shall be final.
Time not to run for
pleadings during 6. The time for filing and service of pleadings shall not run during the annual
annual vacation vacation unless otherwise directed by the court.

II. General

Default of 7. All fines, forfeitures, pecuniary penalties and costs ordered to be paid may be
payment of fines, levied by distress, seizure and sale of the movable and immovable property of
etc
the person making default in payment.

Publication of
8. When the publication of any notice is required, it may be made by
notice advertisement in the Federal Gazette, National Daily Newspaper, unless
otherwise provided in any particular case by any rule of court or otherwise
ordered by the court.
Endorsement of
documents for
9. A document shall not be filed unless it has endorsed on it the name, number of
filing the cause, date of filing and whether filed by claimant or defendant; and on
being filed such endorsement shall be initialled by the registrar and recorded
in the process register.

How processes
10. All warrants and orders of whatever description shall be sufficiently addressed
are addressed for execution by being directed to the sheriff; but this provision shall not
prevent any order or warrant from being addressed to a person by name or to a
person named and to officers of court generally or to the Area Council
Authority.

No fees where 11. No fee is to be taken in respect of any proceedings where such fee would be
proceedings by
government
payable by any Government Department, but where any person is ordered to
department pay the costs of the State or of any Government Department in any case,
whether criminal or civil, all fees which would have been payable but for the
provision of this rule shall be taken as paid and shall be recoverable from such
person.
90
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

12. The regulations regarding fees shall govern the payment and disposal of fees Regulations
and the duties of court officers in that regard.

13. Where no provision is made by these rules or by any other written law, the Where there is no
provision for fees
court shall adopt a procedure in accordance with substantial justice.

ORDER 53
Arrest of Absconding Defendant

1. If in any action the defendant is about to leave Nigeria the claimant may,
either at the institution of the suit or at any time until final judgment, apply by Defendant
leaving Nigeria
ex-parte motion to the court for an order on the defendant to show cause why
security should not be taken for his appearance to answer and satisfy any
judgment that may be passed against him in the suit.

2. (1) If the court after making such investigation as he may consider necessary Warrant to arrest
is of the opinion that there is probable cause for believing that the defendant is
about to leave Nigeria and that by reason, the execution of any judgment
which may be made against him is likely to be obstructed or delayed, the
court shall issue a warrant to bring the defendant before him, to show cause
why he should not give good and sufficient bail for his appearance.
(2) The defendant shall be brought to court within 2 days of the execution of
the warrant.

3. If the defendant fails to show cause, the court shall order him to give bail for
Bail for
his appearance at any time when called upon while the suit is pending and appearance or
until execution or satisfaction of any judgment that may be passed against him satisfaction
in the suit or to give bail for the satisfaction of such judgment and the surety
or sureties shall undertake in default of such appearance or satisfaction to pay
any sum of money that may be adjudged against the defendant in the suit with
cost.

4. (1) Where a defendant offers to deposit a sum of money in lieu of bail for his
Deposit in lieu of
appearance, sufficient to answer the claim against him with costs of the suit, bail
the court may accept such deposit and direct that the deposit be paid into an
interest yielding account in a bank.
(2) Where a defendant offers security other than money in lieu of bail for his
appearance, sufficient to answer the claim against him, the court may accept
such security and make such order as he may deem fit in the circumstance.

5. (1) If the defendant fails to furnish security or offer a sufficient deposit, the Committal in
court may commit him into custody until the decision of the suit or if default
judgment has been given against the defendant until the execution of the
judgment.
(2) Under this Rule committal to custody shall not exceed a period of 6
months.

91
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(3) The court may at any time upon reasonable cause being shown and upon
such terms as to security or otherwise as may seem just, release the defendant.

6. The expenses incurred for the subsistence in person of the person arrested
Cost of shall be paid by the claimant in the action in advance, and the amount
subsistence of disbursed may be recovered by the claimant in the suit, unless the court shall
person arrested
otherwise order. The court may release the person imprisoned on failure by
the claimant to pay the subsistence money, or in case of serious illness order
his removal to hospital.

ORDER 54
Proceedings in Forma Pauperis

Application 1. This Order shall apply to proceedings for which there is no statutory provision
for Legal Aid.

2. The court may allow a person to sue or defend in forma pauperis if satisfied
Who may sue or
defend in forma
that his means do not permit him to employ a legal practitioner in the
pauperis prosecution of his case and that he has reasonable grounds for suing or
defending as the case may be.

3. (1) A person seeking relief under this Order shall write an application to chief
Conditions to be
fulfilled judge accompanied by an affidavit, signed and sworn to by the applicant
himself, stating that by reason of poverty he is unable to afford the services of
legal practitioner.
(2) If in the opinion of the chief judge the application has merit, the chief
judge shall appoint a legal practitioner to act for the applicant.
(3) Where a legal practitioner is so appointed the applicant shall not dispense
with his service except with the leave of the chief judge.

4. Court fees payable by a person allowed to sue or defend in forma pauperis

Fees and costs may be remitted either in whole or in part as the court may deem fit and such
person shall not, unless the court otherwise orders, be liable to pay or
receive any costs.

5. (1) The legal practitioner shall not, except by leave of the chief judge, take or
Procedure to be agree to take any payment whatsoever from the applicant or any other person
followed
connected with the applicant or the action taken or defended.
(2) If the applicant pays or agrees to pay any money to any person whatsoever
in connection with his application or the action taken or defended, the order
appointing the legal practitioner shall be revoked.
(3) If the legal practitioner assigned to the applicant discovers that the
applicant is of means beyond those stated in the affidavit, if any, he shall at
once report the matter in writing to the registrar.

92
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

6. (1) The chief judge may at any time revoke the order granting the application Revocation of
and the applicant shall not be entitled to the benefit of this order in any order of
discontinuance
proceedings to which the application relates unless otherwise ordered.
(2) The applicant or the legal practitioner assigned to him shall not
discontinue, settle or compromise the action without the leave of the court.

7. The court may order payment to be made to the legal practitioner out of any
Payment to Legal
money recovered by the applicant or may charge in favour of the legal Practitioner
practitioner upon any property recovered by the applicant, such sum as in all
the circumstances may deem fit.

8. Every order, notice or application on behalf of the applicant, except an

Duty of Legal
application for the discharge of his legal practitioner, shall be signed by his Practitioner
legal practitioner, who shall take care that no application or notice is made or
given without reasonable cause.

9. No person shall be permitted to appeal in forma pauperis except by leave of Appeals

the trial or the appellate court; but if so permitted the provisions of this order
shall apply mutatis mutandis to all proceedings on the appeal.

ORDER 55
Change of Legal Practitioner

1. Every legal practitioner who is engaged in any cause or matter is bound to Engagement of
conduct it on behalf of the claimant or defendant, by or for whom he is Legal Practitioner
engaged until final judgment, unless allowed for any good reason to
withdraw.

2. An application for a change of legal practitioner or withdrawal may be made Application for
by the claimant, defendant or the legal practitioner as the case may be, not less Change of Legal
Practitioner or
than 3 clear days before the date fixed for hearing. withdrawal

3. Where the application is made by a legal practitioner, it shall be served on all

Application for
parties to the cause or matter and where applicable on the withdrawing legal Service
practitioner if he is not the applicant.

4. A legal practitioner who has withdrawn appearance for a party in a cause or Re-appearance
matter may reappear for the same party with leave of court. of legal
practitioner

5. Every legal practitioner engaged to conduct a case before the court shall be
Liability of client
deemed to be an officer of the court for purposes of such case. Where it shall to indemnify
appear that any legal practitioner has by any act of negligence or deceit client
induced his client to enter into or continue any litigation or has been negligent
or tardy in the conduct of the case, shall on failure of his client to succeed in
the litigation be liable to indemnify the client in damages of loss incurred by
him in the litigation.

93
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 56
Costs

1. (1) Where any party defaults in filing any court process other than a
Penalty for default memorandum of appearance within the time prescribed under the provisions
of filing
of these rules, such party shall pay the sum of N200 Naira Only for each day
of default.
(2) Every application for enlargement of time shall be accompanied by proof
of compliance with Rule 1 of this order.
(3) In fixing the amount of costs, the principle to be observed is that the party
Principles to be
observed in fixing who is in the right is to be indemnified for the expenses to which he has been
cost necessarily put in the proceedings, as well as compensated for his time and
effort in coming to court. The court may take into account all the
circumstances of the case.
(4) When costs are ordered to be paid, the amount of such costs shall, if
practicable, be summarily determined by the court at the time of delivering
the judgment or making the order.
(5) When the court finds it impracticable to determine summarily the amount
of any costs which he has adjudged or ordered to be paid, all questions
relating to it shall be referred by the court to a taxing officer for taxation.

2. In any cause or matter in which security for costs is required, the security
Court to direct
security for costs shall be of such amount, time, manner and form as the court shall direct.
Security for costs
by claimant
3. A claimant ordinarily resident out of the jurisdiction may be ordered to give
temporarily within security for costs, though he may be temporarily resident within the
jurisdiction jurisdiction.

Action founded 4. In actions brought by persons resident out of the jurisdiction, when the
on judgment or bill
of exchange
claimant’s claim is founded on a judgment, order, a bill of exchange or other
negotiable instrument, the power to require the claimant to give security for
costs shall be exercised at the court’s discretion.

Bond as security 5. Where a bond is to be given as security for costs, it shall, unless the court
for costs
otherwise directs, be given to the party or person requiring the security and
not to an officer of the court.

Cost at discretion 6. Subject to the provisions of any applicable law and these rules, the costs
of court incidental to all proceedings in the high court, including the administration of
estates and trusts, shall be at the discretion of the judge, and he shall have
power to determine by whom and the costs to be paid.

Costs out of fund 7. The court may order any costs to be paid out of any fund or property to which
or property a suit or proceedings relates.

8. Where the court orders costs to be paid or security to be given for costs by any
Stay of party, the court may order all costs by or on behalf of that party in the same
proceedings till
cost paid suit or proceeding connected with it, to be stayed until the costs are paid or
94
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

security given accordingly, but such order shall not supersede the use of any
other lawful method of enforcing payment.

9. (1) Costs may be dealt with by the judge at any stage of the proceedings.
(2) Costs when ordered becomes payable within 7 days of the order. Failure to Stage of
proceedings at
effect such payment attracts the sum of N100.00 daily and such daily penalty which costs to be
shall be paid into the court. However the court or the judge may further deny dealt with
the defaulting party or his legal practitioner further audience in the
proceedings.

10 In addition to any penalty payable for default under these rules, the costs When costs to
occasioned by any application to extend the time fixed by the rules or any follow the event
direction or order, for delivering or filing any document or doing any other
act, including the costs of any order made on the application shall be borne by
the party making the application unless the court otherwise directs.
Matters to be
11. The court in exercising his discretion as to costs shall take into account any taken into
account in
offer or contribution made by any of the parties, payment into court and the exercising
amount of such payment. discretion

12. (1) Where in any cause or matter anything is improperly or unnecessarily Costs arising from
done or omitted to be done by or on behalf of a party, the court may direct that misconduct or
neglect
any costs arising from it shall not be allowed to him and that any costs
occasioned by it to other parties shall be paid by him to them.
(2) Without prejudice to the generality of sub-rule 1 of this rule, the court
shall for the purpose of that sub-rule have regard in particular to the following
matters:

(a) The omission to do anything which if done would have been

calculated to save costs;
(b) The doing of anything calculated to occasion or in a manner or at a
time calculated to occasion unnecessary costs; and
(c) Any unnecessary delay in the proceedings.

(3) The court may instead of giving a direction under sub-rule 1 of this rule in
relation to anything done or omission made, directs the taxing officer to
enquire into it and if it appears that such a direction should have been given,
to act as if the appropriate direction had been given.

13. (1) Subject to the following provisions of this rule, where in any proceedings Personal liability of
costs are incurred improperly, without reasonable cause, by undue delay or Legal Practitioner
by any other misconduct or default, the court, may make an order against any for costs

legal practitioner whom it considers to be responsible, whether personally or

through a servant or agent :

(a) Disallowing the costs between the legal practitioner and his client;
and

95
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(b) Directing the legal practitioner to pay to his client costs which the
client has been ordered to pay to other parties; or
(c) Directing the legal practitioner personally to indemnify such other
parties against costs payable by them.

(2) The provisions of rule 13 sub-rule I shall apply where proceedings in court
cannot conveniently proceed or are adjourned without useful progress being
made because of the failure of the legal practitioner to;
(a) Attend in person or by a proper representative; or
(b) Deliver any document for the use of the court which ought to
have been delivered or to be prepared with any evidence,
account or generally to proceed.

(3) No order under this rule shall be made against a legal practitioner unless
he has been given a reasonable opportunity to appear before the court to show
cause why the order should not be made.
(4) The court may direct that notice of any proceedings or order against a
legal practitioner under this rule shall be given to his client in such manner as
may be specified in the direction.
(5) If, on the taxation of costs to be paid out of a fund, one-sixth or more of
the amount of the bill for those costs is taxed off, the legal practitioner whose
bill it is shall not be allowed the fees to which he would otherwise be entitled
for drawing the bill and for attending the taxation.

Taxation of costs 14. Every bill of costs, other than a bill delivered by a legal practitioner to his
client which falls to be taxed under the Legal Practitioners Act, shall be
referred to the registrar for taxation and may be taxed by him or such other
taxing officer as the chief judge may appoint.

Notice to other 15. The party applying for taxation, shall file the bill and give notice to any other
party parties entitled to be heard on the taxation, and shall , if he has not already
done so, supply them with a copy of the bill.
Power of taxing 16. A taxing officer shall have power to tax any cost the taxation of which is
officer
required by any law or directed by order of the court.
Supplementary
powers of taxing 17. A taxing officer may, in the discharge of his functions on taxation of costs,
officers take an account of any dealing in money made in connection with the
payment of the costs being taxed, if the court;
(a) Require any party represented jointly with any other party in any
proceedings before him to be separately represented;
(b) Examine any witness in those proceedings;
(c) Direct the production of any document which may be relevant in
connection with those proceedings.

Extension of time 18. (1) A taxing officer may:

96
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(a) Extend the period within which a party is required by these rules to
begin proceedings for taxation or to do anything in connection
with proceedings before him;
(b) Where no period is specified by these rules or by the court for the
doing of anything in connection with such proceedings, specify the
period within which the thing is to be done.
(2) Where an order of the court specifies a period within which anything is to
be done by or before a taxing officer, unless the court otherwise directs, the
taxing officer may on such terms as he deems fit extend the period so
specified.

(3) A taxing officer may extend any such period as is referred to in the
foregoing provisions of this rule although the application for extension is not
made until after the expiration of that period.
Power of taxing
19. Where a party entitled to be paid costs is also liable to pay costs, the taxing officer where
officer may; party liable to be
paid and to pay
costs
(a) Tax the costs which that party is liable to pay and set off the amount
allowed against the amount he is entitled to be paid and direct payment
of any balance; or
(b) Delay the issue of a certificate for the costs he is entitled to be paid
until he has paid or tendered the amount he is liable to pay.

20. (1) A party entitled to require any costs to be taxed shall begin proceedings
Mode of
for the taxation of those costs by filing in the registry a bill of costs and obtain beginning
a date and time for the taxation. Such party shall give at least 7 days notice to proceedings for
taxation
every other party of the date and time appointed for taxation proceedings and
at the same time serve a copy of its bill of costs to the other party if he has not
already done so.
(2) A notice under sub-rule 1 of this rule need not be given to any party who
has not entered an appearance or taken any part in the proceedings which gave
rise to the taxation proceedings.

21. (1) In any bill of costs the professional charge and the disbursements shall be Provisions as to
bills of costs
entered in separate columns and every column shall be set out before the bill
is left for taxation.
(2) Before a bill of costs is left for taxation it shall be endorsed with:

(a) The name or firm and business address of the legal practitioner whose
bill it is; and
(b) If the legal practitioner is the agent of another with the name or firm
and business address of that other legal practitioner.
Provisions as to
22. (1) If any party entitled to be heard in any taxation proceedings does not taxation
attend within a reasonable time after the time appointed for the taxation, the

97
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

taxing officer, if satisfied by affidavit or otherwise that the party had due
notice of the time appointed, may proceed with the taxation.
(2) The taxing officer by whom any taxation proceedings are being conducted
may, if he deems it necessary, adjourn those proceedings from time to time.

Scale of costs 23. (1) Subject to Rule 20, and the following provisions of this rule, the scale of
costs contained in schedule B of this Rule together with the notes and general
provisions contained in that schedule, shall apply to the taxation of all costs
incurred in relation to contentious business done after the commencement of
these rules.
(2)Where the amount of a legal practitioner’s remuneration in respect of non-
contentious business connected with sales, purchases, leases, mortgages and
other matters of conveyance or in respect of any other non-contentious
business is regulated in the absence of agreement to the contrary, the amount
of the costs to be allowed on taxation in respect of the like contentious in the
scale shall be contained in the said appendix of these rules.

Certificate of 24. Upon the completion of the taxation of any bill of costs the taxing officer shall
taxing officer
certify the result of his taxation including the costs.

25. The fees payable on taxation shall be paid by the party on whose application
Fees on taxation
the bill is taxed and shall be allowed as part of the bill.

26. Any party to any taxation proceedings who is dissatisfied with the taxation in
Application for whole or in part of any item by a taxing officer or with the amount allowed by
review a taxing officer on any item, may apply to the court for an order to review the
taxation as to that item.

27. (1) An application under the preceding rules shall be made by summons at
any time within 14 days after the taxing officer’s certificate.
Application by (2) Unless the court otherwise directs, no further evidence shall be received
summons
on the hearing of an application under this rule, and no ground of objection
shall be raised which was not raised on taxation except, on the hearing of any
such application the court may exercise all such powers and discretion as are
vested in the taxing officer in relation to the subject matter of the application.
(3) On an application under this rule the court may make such order as the
circumstances require and in particular may order the taxing officer’s decision
to be amended or, except where the dispute as to the item under review is as
to amount only, order the item to be remitted to the same or another taxing
officer for taxation.

ORDER 57
Application and Proceedings in Chambers

1. The business which may be disposed of in chambers by a judge shall consist

Business to be
disposed of in
of the following matters, in addition to the matters under any other written
chambers law, that is to say;

98
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(a) Application –
(i) To issue and serve a writ or other process out of the jurisdiction;
(ii) For substituted service of a writ or other process;
(iii)To have cases heard during vacations;
(iv) For enlargement of time;
(v) For a writ of attachment or for a garnishee order;
(vi) For payment or transfer to any person of any cash or securities
standing to his credit in a cause or matter where there has been a
judgement or order declaring the rights or where the title depends
only upon proof of the identity of the birth, marriage or death of
any person;
(vii) As to the guardianship and maintenance of advancement of
infants;
(viii) Connected with the management of property; or
(b) Any matter relating to the adoption of children; and
(c) Such other matters of an interlocutory nature as the judge may think fit to
dispose of in chambers.

2. The provisions of Order 42 with regards to interlocutory application by way Procedure on

application in
of motion in court shall apply mutates mutandis to application to a judge in chambers
chambers

3. Notes shall be kept of all proceedings in chambers with proper dates, so that Notes of
all such proceedings in such cause or matter may appear consecutively and in proceeding in
chambers
chronological order, with a short statement of the question or points decided
at every hearing.

4. Orders made in chambers shall, unless the court otherwise directs, be drawn Drawing up any
up by the registrar and signed by the judge. Such order shall be entered in the entry of orders
made in
same manner as orders made in court. chambers

5. Subject to the provisions of any enactment and of these rules, the costs of, and Cost
incidental to all proceeding in chambers shall be at the discretion of the court.

6. (1) Where any party to proceeding in chambers does not intend to accept the Decision given
decision of the court in chambers as final, he shall forthwith request to have in chambers how
to set aside or
the summons adjourned into court for argument. If such request is refused, the varied
party may proceed by way of motion with notice in court to discharge, set
aside or vary the order made or the judgment given in chambers.
(2) The notice of motion shall be filed not later than 7 days after the drawing
up of the order made in chambers unless the court grants an extension of time
on good and sufficient reason being shown, and the motion shall be heard and
determined by the judge who has dealt with the matter in chambers, unless
this proves impossible or inconvenient owing to such judge’s death or
retirement or prolonged absence
(3) This rule shall apply to decisions given by the court in chambers on appeal
from the chief registrar under rule 2 of order 45.

99
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 58
Foreclosure and Redemption

1. Any mortgagor or mortgagee, whether legal or equitable, or any person

Originating entitled to or having property subject to a legal or equitable charge, or any
summons
foreclosure
person having the right to foreclose or redeem any mortgage, whether legal or
equitable, may take out an originating summons, for such relief of the nature
or kind following as may be specified in the summons, and as the
circumstances of the case may require; that is

(a) Payment of moneys secured by the mortgage or charge;

(b) Sale;

(c) Foreclosure;
(d) Delivery of possession whether before or after foreclosure to the
Mortgagee or person entitled to the charge by the mortgagor or
person having the property subject to the charge, or by any other
person in, or alleged to be in possession of the property;
(e) Redemption;
(f) Reconveyance; and
(g) Delivery of possession by the mortgagee.

2. Orders for payment and for possession shall be as in Forms 44, 45 and, 46 of
Civil Form 44,
45 & 46 these Rules with such variations as the circumstances of the case may require,
and similar forms shall be used under corresponding circumstances in actions
for similar relief commenced by writ.
Service and 3. The court may give any special directions concerning the execution of the
execution of
judgment judgment, or the service to persons not parties to the cause or matter as he
deems fit.

Order 59
Summons to Proceed

Bringing in 1. Every judgment or order directing accounts or inquiries to be made shall be

judgment,
directing brought to the court by the party entitled to prosecute it within 10 days after
accounts or such judgment or order shall have been entered or filed, and in default any
inquiries
other party to the cause or matter shall be at liberty to bring it, and such party
shall prosecute such judgment or order unless the court shall otherwise direct.

Summons to 2. Upon a copy of the judgment or order being left, a summons shall be issued to
proceed with proceed with the accounts or inquiries directed, and upon the return of such
accounts or
inquiries:
summons the court, if satisfied by proper evidence that all necessary parties
Directions have been served with notice of the judgment or order, shall thereupon give
directions as to:
(i) The manner in which each of the accounts and enquiries is to be
prosecuted;
(ii) The evidence to be adduced in support;
100
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(iii) The parties who are to attend on the several accounts and
enquiries; and
(iv) The time within which each proceeding is to be taken and a day or
days may be appointed for the further attendance of the parties,
and all such directions may afterwards be varied by addition or
otherwise, as may be found necessary.

3. Where by a judgment or order a deed is directed to be settled by a judge in a

Settling deed
case the parties differ, a summons to proceed shall be issued, and upon the where parties
return of the summons the party entitled to prepare the draft deed shall be differ
directed to deliver a copy, within such time as the court shall deem fit, to the
party entitled to object, and the party so entitled to object shall be directed to
deliver to the other party a statement in writing of his objections within 8 days
after the delivery of such copy, and the proceedings shall be adjourned until
after the expiration of the period of 8 days.

4. Where, upon the hearing of the summons to proceed, it appears to the court Where service of
notice of
that by reason of absence, or for any other sufficient cause, the service of judgment or order
notice of the judgment or order upon any party cannot be made, the court may dispensed with
if he shall deem fit, order any substituted service.

5. If on the hearing of the summons to proceed all parties to the action have not Where parties
have not been
been served with notice of the judgment or order, directions may be given for served with notice
advertisement for creditors, and for leaving the accounts in chambers. of judgment or
Adjudication on creditors’ claims and the accounts are not to be proceeded order

with, and no other proceedings is to be taken, except for the purpose of

ascertaining the parties to be served, until all parties have been served and
until directions shall have been given as to the parties who are to attend the
proceedings.

6. Copies, abstracts, extracts of or from accounts, deeds or other documents and Documents:
pedigrees and concise statements shall, if directed, be supplied for the use of Copies for use of
Judge
the court, and where so directed, copies shall be handed over to the other
parties, but no copies shall be made of deeds or documents where the originals
can be brought in unless the court shall otherwise direct.

7. At the time any summons to proceed is obtained, an entry shall be made in Entry in Summons
Book
the summons book, stating the date of summons, the name of the cause or
matter, the party, briefly the purpose of the summons, and return date.

ORDER 60
Summary proceedings for possession of landed
Property occupied by squatters or without the owner’s consent.
Application of this
1. (1) This order shall not apply where the person in occupation of land is: Order

(a) A tenant; or
101
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(b) A tenant holding over after termination of his tenancy; or

(c) A licensee of the owner or person entitled to possession; or
(d) A person who had the consent of the predecessor in title of the
person who is entitled to possession.

Proceedings to be (2) Where a person claims possession of land which he alleges is occupied
brought by
originating summons
solely by a person not listed in sub-rule 1 above, proceedings may be brought
by originating summons in accordance with the provisions of this Order.
No
acknowledgement
of service required 2. The originating summons shall be as in Form 47 and no acknowledgement of
Civil Form 47 service shall be required.

3. The claimant shall file in support of the originating summons an affidavit

Affidavit in support stating;
(a) His interest in the land;
(b) The circumstances in which the land has been occupied without
licence or consent and in which his claim to possession arises; and
(c) That he does not know the name of any person occupying the land
who is not named in the summons.

Service 4. (1) Where any person in occupation of the land is named in the originating
summons, the summons together with a copy of the affidavit in support shall
be served on him:

(a) Personally or in accordance with Order 7 Rule 1 sub-rule 2; or

(b) By leaving a copy of the summons and of the affidavit or sending
them to him at the premises; or
(c) In such other manner as the court may direct.

(2) The summons shall, in addition to being served on the named defendants,
if any, in accordance with sub-rule 1 of this rule be served, unless the court
otherwise directs by:

(a) Affixing a copy of the summons and a copy of the affidavit to the
main door or other conspicuous part of the premises; and
(b) If practicable, inserting through the letter box at the premises, a
copy of the summons and a copy of the affidavit enclosed in a
sealed envelope addressed to "the occupiers".
(3) Every copy of an originating summons for service under sub-rule 1 or 2 of
this rule shall be sealed with the seal of the court from which the summons
was issued.

Application by 5. Without prejudice to rule 16 of order 13, any person not named as a defendant
occupier to be
made a party
who is in occupation of the land and wishes to be heard on the question
whether an order for possession should be made may apply at any stage of the
proceedings to be joined as a defendant.

102
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

6. (1) An order for possession in proceedings under this order shall be as in

Order for
Form 48 with such variations as circumstances may require. possession
(2) The court may forthwith order a writ of possession to issue. Civil Form 48
(3) Nothing in this Order shall prevent the court from ordering possession to
be given on a specified date, in the exercise of any power which could have
been exercised if possession had been claimed in an action commenced by
writ.

7. (1) No writ of possession to enforce an order for possession under this order Writ of possession
shall be issued after the expiration of 3 months from the date of the order
without the leave of the court.
(2) The application for leave may be made ex parte unless the court otherwise
directs.

8. (1) The court may, on such terms as he deems fit, set aside or vary any order Setting aside of
made in proceedings under this Order order

(2) In this order "landed property" means land with or without building.

ORDER 61
Stay of Execution or Proceedings pending Appeal

1. Where any application is made to the court for stay of execution or Application for
stay of execution
proceedings under any judgement or decision appealed against, such
application shall be made by motion on notice supported by affidavit stating
the grounds upon which a stay of execution or proceedings is sought.

2. An applicant for stay of execution of a judgment shall pay for the compilation
Compilation of
of the records of appeal within 14 days from the date of filing a notice of record
appeal and where the cost of compilation of records is not paid, the
respondent may apply to strike out the application or discharge the order if
already granted.

3. (1) Application for stay of execution shall be regarded as an urgent matter and Court may grant
shall be heard within 28 days from the date of filing, and where it is not heard or refuse order for
stay
the respondent may apply by motion on notice for leave to execute the
judgment.
(2) Where the court has struck out an application for stay, no further
application for stay of execution shall be made in the matter.

4. Where any application is made to the court under this order, a formal order Formal order to
shall be drawn up embodying the terms of the decision of the judge and the be drawn up
date upon which the order is made.

103
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

ORDER 62
Probate and Administration

1- Grant of Probate or Administration in General

Petition to be 1. (1) Subject to the provisions of Rules 39 and 40 of this Order, where a person
made to subject to the jurisdiction of the court dies, all petitions for the granting of any
probate
registry letters of administration of the estate of the deceased person, with or without a
Will attached, and all applications on other matters connected, shall be made
to the probate registrar of the court.
(2) In such an application, the chief judge may request any court of the
territory, to take measures and make orders expedient for the interim
preservation of the property of the deceased within the territory, for the
discovery or preservation of the Will of the deceased or for other purposes
connected with the duties of the court under this Order and every court shall
carry out any such request as far as practicable and report to the chief judge.
(3) No grant of administration with the Will annexed shall issue within 7 days
of the death of the deceased; and no grant of administration (not with the Will
annexed) shall issue within 14 days of the death.
Registrar to
administer (4) In furtherance of any provisions under these Rules, the probate registrar
appropriate shall administer such forms as he may deem appropriate.
forms

2. A court shall, where the circumstances of a case require, on the death of a

deceased person, or as soon after as may be, appoint and authorize an officer
Preservation of
property of court, or some other fit person, to take possession of his property within
jurisdiction, or put it under seal, and keep it until it can be dealt with
according to law.

3. Where a person other than the person named executor or administrator, or an

Unauthorized officer of the court or person authorized by the court, takes possession of and
persons administers or deals with the property of a deceased person, he shall, besides
intermeddling
with property
other liabilities he may incur, be liable to fine not exceeding N5,000.00 as the
court, having regard to the condition of the person so interfering with the
property and the other circumstances of the case, may think fit to impose.

4. (1) A person having in his possession or under his control a paper or writing
Production of
of a deceased, being or purporting to be testamentary, shall promptly deliver
testamentary its original to the probate registrar.
papers (2) Where a person fails to deliver any paper or writing of any deceased
person within 14 days after having knowledge of the death of the deceased, he
shall be liable to a fine not exceeding N5,000.00 as a court having regard to
the condition of the person so in default and the other circumstances of the
case, thinks fit to impose.

Court may 5. Where it appears that a document of the deceased, being or purporting to be
order
production
testamentary, is in the possession of, or under the control of any person, a
court may in a summary way, whether a suit or proceeding respecting probate

104
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

or administration is pending or not, order him to produce the paper and bring
it into court.

6. Where it appears that there are reasonable grounds for believing that a person
Examination of
has knowledge of any document being or purporting to be testamentary papers
(although it is not shown that the document is in his possession or under his
control), a court may in a summary way, whether a proceeding for probate or
administration is pending or not, order that the person be examined on the
document in court, or on interrogatories, that he attends for that purpose, and
after examination that he produces the document, and bring it into court.

7. A court may on its own or on the application of a person claiming an interest Notice to
under a Will, give notice to the executors (if any) named in it, to come and executor to
come in and
prove the Will, or to renounce probate, and they, or some or one of them, prove
shall, within 14 days after notice, come in and prove or renounce accordingly.

8. Where a person named executor in the Will of a deceased takes possession Liability of
and deals with any part of the deceased’s property and does not apply for executor
neglecting to
probate within one month after the death, or after the termination of any suit apply for
or dispute on probate or administration, he may, independently of any other probate
liability, be charged with contempt of court, and shall be liable to such fine,
not exceeding N5,000.00, as the court thinks fit to impose.

9. A court shall require evidence, in addition to that offered by the applicant, Identity
where additional evidence in that regard seems to the court necessary or
desirable to be ascertained:

(a) the identity of the deceased or of the applicant; or

(b) the relationship of the applicant to the deceased; or
(c) any person or persons in existence with a right equal or prior to
that of the applicant to the grant of probate or administration
sought by the applicant; or
(d) any other matter which may be considered by the court relevant to
the question whether the applicant is the proper person to whom
the grant should be made, but the court may refuse the grant
unless the applicant produces any of the requirement in sub-rule
9(a – c) or as may be required by the court.
Court may
10. (1) Where it appears to a court that some person(s) other than the applicant refuse grant
may have at least an equal right with the applicant to the grant sought, the until all persons
court may refuse the grant until due notice of the application has been given to interested are
given due
such other person(s) and an opportunity given for such person(s) to be heard notice
on the application prior right.

11. An applicant for a grant of letters of administration shall file in the court a Value of
property
true declaration of all the personal property of the deceased and the value of
it, but for the purpose of the fees payable on letters of administration, the
value of the property on which the grant is made shall not include -
105
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(a) Any gratuity payable by the Government of the Federation of

Nigeria, or the Government of a State or the Federal Capital
Territory, Abuja to the estate of any person formerly employed by
either of such Governments or by a statutory corporation; or
(b) Any sum of money payable to an estate from a Provident Fund, or
Pension Fund established under the provisions of enactment.

Answers 12. (1) In no circumstance shall a court issue letters of administration until all
required before inquiries which the court sees fit to make have been answered to its
grant
satisfaction.
(2) A court shall, however, afford reasonable facility for the obtaining of
letters of administration as is consistent with due regard to the prevention of
error and fraud.
Notice to
prohibit grant 13. A notice to prohibit a grant of administration may be filed in the court.

14. (1) A notice shall remain in force three months only from the day of filing, but
it may be renewed from time to time.
(2) A notice shall not affect a grant made on the day on which the notice is
Effect of notice
filed.
(3) A person filing a notice shall be warned by a warning in writing delivered
at the place mentioned in the notice as his address.
(4) Notices in the nature of citations shall be given as a court directs.

Form of suits 15. Suits for administration shall be instituted and carried on, subject to the same
rules of procedure as suits for ordinary claims.

Testator may 16. A person may, in his lifetime, deposit for safe custody in the court at Abuja
deposit Will his own Will, under his own seal and that of the court.

17. (1) Every original Will, of which probate or administration with Will annexed
Custody of Will
of which is granted, shall be filed and kept in the probate registry, to secure at once the
probate is due preservation and convenient inspection of it.
granted
(2) A copy of every such Will and of the probate or administration shall be
preserved in a book kept for the purpose in the registry.

Will not to be 18. (1) An original Will shall not be delivered out for any purpose without the
given out direction in writing of the court where the Will is filed.
without order
of court
(2) A certified transcript, under the seal of the court of the probate or
administration with the Will annexed may be obtained from the court.

19. (1) On receiving an application for administration with Will annexed, the
Examination of court shall inspect the Will, and if it appears to be signed by the testator or by
Will as to its
executor
some other person in his presence and by his direction, and to have been
subscribed by two witnesses according to the enactments and shall not
proceed further if the Will does not appear to be so signed and subscribed.
(2) Where a Will appears to be signed and subscribed, the court shall then
refer to the attestation clause (if any) and consider whether the wording of it
106
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

states the Will to have been, in fact, executed in accordance with those
enactments.

20. (1) Where there is no attestation clause or the attestation clause is insufficient, Proof of execution
the court shall require an affidavit from at least one of the subscribing where attestation
witnesses, if either of them is living, to prove that the Will was, in fact, clause is defective

executed in accordance with those enactments.

(2) The affidavit shall be engrossed and form part of the probate, so that the
probate may be a complete document on the face of it.

21. Where on a perusal of the affidavit, it appears that the Will was not, in fact, Where Will not
executed
executed in accordance with those enactments, the court shall refuse probate. according to law

22. Where both subscribing witnesses are dead or if from other circumstances Evidence on
such an affidavit cannot be obtained from either of them, resort to such an failure of attesting
witnesses
affidavit shall be made to other persons (if any) present at the execution of the
Will but if no such affidavit can be obtained, proof shall be required of that
fact and of the handwriting of the deceased and of the subscribing witnesses
and also of any circumstances raising a presumption in favour of a due
execution of the Will.

23. Where the testator was blind or illiterate, a court shall not grant administration Will of blind or
with the Will annexed, unless the court is satisfied, by proof or by what illiterate testator

appears on the face of the Will, that the Will was read over to the deceased
before its execution or that he had at that time knowledge of its contents.

24. (1) A court, on being satisfied that a Will was duly executed, shall carefully Interlineations,
inspect it to see whether there are any interlineations or alterations or erasures erasures
obliterations
or obliterations appearing in it and requiring to be accounted for.
(2) Interlineations, alterations, erasures and obliterations shall be invalid
unless they existed in the Will at the time of its execution or unless, if made
afterwards, they have been executed and attested in the mode required by the
enactments or unless they have been made valid by the re-execution of the
Will or by the subsequent execution of some codicil.
(3) Where any interlineation, alteration, erasures or obliterations appear in the
Will (unless duly executed or recited in or identified by the attestation clause),
an affidavit in proof of an existence in the Will before its execution shall be
filed.
(4) Where no satisfactory evidence is adduced about the time when an erasure
or obliteration was made and the words erased or obliterated are not entirely
effaced and can, on inspection of the Will be ascertained, they shall form part
of the probate.
(5) Where any word has been erased which might have been of importance an
affidavit shall be required.

25. (1) Where a Will contains a reference to a document of such a nature as to Documents
raise the question whether it ought or ought not to form a constituent part of referred to in a will
or annexed or
attached
107
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

the Will, the court shall require the production of the document, with a view
to ascertaining whether or not it is entitled to Probate and if it is not produced,
a satisfactory account of its non-production shall be proved.
(2) A document shall not form part of a Will unless it was in existence at the
time when the Will was executed.
(3) Where there are vestiges of sealing wax or wafers or other marks, on a
Will, leading to the inference that some documents have been at some time
annexed or attached to it, a satisfactory account of those documents shall be
proved, or the production of the document shall be required, and if it is not
produced, a satisfactory account of its non-production shall be proved.

Executor dying 26. Where a person appointed executor in a Will survives the testator but either
without proving dies without having taken probate or having been called on by the court to
or not
appearing take probate does not appear, his right of executorship wholly ceases and
without further renunciation, the representation to the testator and the
administration of his property may go and be committed as if that person had
not been appointed executor.

Making of will or 27. (1) A Will or a copy of it, to which an executor or an administrator with the
copy sworn to Will annexed is sworn shall be marked by the executor or administrator and
by the person before whom he is sworn.
Codicils (2) The provisions on Wills shall apply equally to codicils.

Viva voce 28. (1) Where evidence is directed or allowed to be given by affidavit, a court
examination of may require the personal attendance of the deponent, if within the jurisdiction,
persons making
affidavit
before the court, to be examined viva voce on the matter of his affidavit.
(2) The examination may take place before an affidavit has been sworn or
prepared, where a court thinks fit.

2. Grant of letter of Administration

Letter of 29. (1) A court in granting letter of administration shall proceed as far possible, as
Administration in cases of probate.
(2) A court shall ascertain the time and place of the deceased’s death and the
value of the property to be covered by the letter of administration.

Administration 30. (1) A person to whom letter of administration is granted shall give a bond,
bond
with two or more responsible sureties, to the probate registrar of the court, as
a condition for duly collecting, getting in and administering the personal
property of the deceased, such sureties shall be to the satisfaction of the
probate registrar.
(2) A court may, if it thinks fit, take one surety only.
(3) The bond shall be in a penalty of double the amount under which the
personal estate of the deceased is sworn, unless the court in any case thinks it
expedient to reduce the amount.
(4) A court may also in any case direct that more bonds than one shall be
given, so as to limit the liability of a surety to such amount as the court thinks
reasonable.
108
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

31. The probate registrar may, on being satisfied that the condition of a bond has Assignment of
been broken, assign it to some person and that person may then sue on the bond
bond in his own name, as if it had been originally given to him instead of the
probate registrar and may recover then, as trustee for persons interested, the
full amount recoverable in respect of any breach of the bond.

32. A person claiming to be a creditor or legatee, or the next of kin, or one of the
next of kins, of a deceased, may apply for and obtain a summons from court Administration
summons
requiring the executor or administrator, of the deceased to attend before the
court and show cause why an order for the administration of the property of
the deceased should not be made.

33. (1) On proof of service of the summons or on appearance of the executor or

Order for
administrator and on proof of all such other things as the court may direct, a administration
court may, make an order for the administration of the property of the
deceased.
(2) A court may make or refuse the order, or give any special directions
respecting the carriage or execution of it, and in the case of applications for
the order by two or more different persons or classes of persons, may grant it
to such, as the court thinks fit.
(3) Where a court thinks fit, the carriage of the order may subsequently be
given to such person and on terms.

34. On making of an order, or at any time afterwards, a court may, if it thinks fit, Orders relating
make any other order which appear requisite to secure the proper collection, to property
recovery for safe-keeping and disposal of the property or any part of it.

35. In case of intestacy, where the special circumstances of the case appear to the Administration
court so to require, a court may, if it thinks fit, on the application of any may be granted
person having interest in the estate of the deceased or of its own (motion), to officer

grant letters of administration to an officer of the court, to a consular officer

or to a person in the service of the Government.

36. (1) The officer or person so appointed shall act under the direction of the court Officer to act
and shall be indemnified. under direction
of court
(2) A court shall require and compel him to file in the court his accounts of
his administration at intervals not exceeding three months.

37. Where a person died intestate as to his personal estate or leaving a Will Court may
affecting personal estate, but without having appointed an executor willing appoint person
to be
and competent to take probate, or where the executor, at the time of the death administrator
of that person, is resident out of the jurisdiction, a court, where it appears
necessary or convenient may appoint some person to be the administrator of
the personal estate of the deceased upon his giving security, if any, as a court
shall direct, and every such administration may be limited as the court thinks
fit.

109
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

38. (1) A court may direct that any administrator (with or without the Will
Remuneration of
Administrator
annexed) shall receive out of the personal and real estate of the deceased such
reasonable remuneration as the court thinks fit, not exceeding a fee of
N10,000.00 and in addition, a sum not exceeding 5% on the amount of the
realized property or when not converted into money, on the value of the
property duly administered and accounted for by him.
(2) Where a court is satisfied that by reason of exceptional circumstances the
administration of the property has required an extraordinary amount of labour
to be bestowed on it, the court may allow for that property a higher rate of
remuneration.

3. Administration of Estate of Foreign Citizens

39. (1) Where a foreign citizen dies within the jurisdiction without leaving within
Securing and the jurisdiction a widow or next of kin, or, if such person dies within a
collection of Government institution or had his usual place of residence there, the
estate
Magistrate having jurisdiction within that institution, or if he does not die
within a Government institution or had not his usual place of residence there,
then the Secretary of the Area Council in charge of the institution in which he
died, shall collect and secure all moneys and other property belonging to the
deceased and shall then request the Permanent Secretary Ministry of Foreign
Affairs to inform the nearest consular officer of that country of the death of
the deceased and transmit to him a list of the money and property of the
deceased.
(2) Where sub rule (1) applies, the Area Council Secretary may appoint any
Administrative Officer attached to his Area Council or with his consent, any
Magistrate or any Administrative officer attached to any other Area Council
may act in his place.

Application by 40. An application may be made to a court by a consular officer or by any person
consular officer or authorized by him in writing and under the consular seal, for leave to
person authorized
by him to administer the estate of the deceased and the court may make or vary such
administer estate order as to security for payment of debts and the method of administration as
the court shall think fit.

4. Administration Generally
Accounts to be 41. (1) Every person to whom a grant of probate or letters of administration has or
filed have been made and every administrator appointed by the court shall, if called
upon by the court, file in court the account of his administration and shall
thereafter file such further periodic accounts as the court may direct until the
completion of the administration.
(2) An executor or administrator who fails within any such period to file his
accounts as specified shall be liable to such penalty not less than N1,000.00 as
a court may think fit to impose, and every such fine shall on non-payment be
enforceable by distress, and failing sufficient distress, by imprisonment for a
term not exceeding six months.
(3) Where an account is filed in court under this Rule, a court shall scrutinize
the account and if it appears to the court that by reason of improper or
110
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

unjustifiable entries or that the account is not a full and proper account, the
court may give written notice to the person filing the account to remedy such
defects within such time as the court may seem reasonable for the purpose,
and on failure to remedy such defects within such time, the person who filed
such defective account shall be taken to have failed to file an account within
the meaning of this Rule, and proceedings may be taken against that person
accordingly.
(4) A court may, on the motion of an interested party, or on its own, summon
any executor or administrator failing to file account, to show cause why he
should not be punished.
(5) A court may for good cause shown extend the time for such filing of
accounts.
(6) An executor or administrator who has been granted an extension of time to
file such accounts and who fails within such extended time to file such
accounts, shall be liable to the penalty stated above and the procedure for
bringing him before the court shall be invoked.
(7) It shall be the duty of the probate registrar to bring to the notice of the
court the fact that any executor or administrator has failed to file his accounts
as required by this Rule.
(8) The accounts shall be open free of charge to the inspection of all persons
satisfying the probate registrar that they are interested in the administration.
(9) In this rule, the word
“accounts” includes an inventory, an account of the administration, the
vouchers in hands of the executor or administrator, and an affidavit in
verification.

42. The duties and powers of a court by Rules 5, 6, 7, 9, 10, 11, 12, 14, 17, 18, Duties and
powers to be
19, 20, 21, 22, 28, 31, 38, 40, and 41 (1), (3), (5), (7) and (8), shall be performed and
undertaken by the probate registrar on behalf of the court subject to any exercised by
directions which the chief judge may give, but a court shall have power, Probate Registrar

either on its own or on the application of an interested person, to review any

undertaken by the probate registrar and on such review a court shall have
power to cancel anything which may have been done by the probate registrar
or make such order as may be just in the circumstances.

43. A court may refuse to entertain an application under Rule 42, where it Court may
considers that there is an unreasonable delay by the applicant in making his refuse
application
application.

44. The grant of letters of administration under this Order shall be signed by the Grant to sign by
Chief Judge or
chief judge or a judge designated by him. his designate

45. (1) Where there are additional asset(s) not included in the Letters of Supplementary
Administration, an application for supplementary letters of administration Letters of
could be made to the probate registrar by the administrators of the grant or Administration or
grant for
their legal representative. additional assets
(2) An application may be made to the probate registrar by the executor of
estate for the inclusion any property or asset not mentioned in the Will of the
111
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

testator or any additional asset discovered after probate was granted to be

included in the estate of the testator.
(3) The provisions of Order 64 Rule 17 shall apply to sub rule (1) and (2) of
this Order as it relates to the requirement for a true declaration and valuation
of properties and assets affected by this rule.

ORDER 63
Register of Probate, Letters of Administration and Wills

Register of wills,
1. There shall be kept at the Probate Registry:
letters of
administrations (a) Register of wills
and grants
(b) Register of letters of administration
(c) Register of grant of probate

2. Any person who seeks to conduct a search into the register of wills in order to
Application to ascertain whether a deceased died testate shall apply to th probate registrar
conduct search
in the register of with a copy of a death certificate of the deceased. The probate registrar may at
wills his discretion request for further information or documents before approving
the search.

ORDER 64
Probate (Non-Contentious) Procedure
1- General

1. (1) An applicant for a grant may apply through a legal practitioner at the
probate registry.
Application for (2) A legal practitioner through whom an application for a grant is made
grant through
legal practitioner shall:
(i) Append his seal to the application.
(ii) Indicate his telephone number, email address and his business address
within jurisdiction.

Personal 2. (1) An applicant for a grant may apply in person at the probate registry.
application (2) A personal applicant may not apply through an agent, whether paid or
unpaid and may not be represented by any person acting or appearing to act as
his adviser.
(3) No personal application shall be received or proceeded with where –

(a) It becomes necessary to bring the matter before the court on

motion or by action;
(b) An application has already been made by a legal practitioner
on behalf of the applicant and has not been withdrawn; or
(c) The registrar directs otherwise.

112
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(4) After a Will has been deposited in the registry by a personal applicant, it
may not be delivered to the applicant or to any other person unless in special
circumstances the registrar so direct.
(5) A personal applicant shall produce the death certificate of the deceased or
such other evidence of the death as the registrar may approve.
(6) A personal applicant shall supply all information necessary to enable the
papers leading to the grant to be prepared in the registry or may himself
prepare such papers and lodge them unsworn.
(7) Except a registrar directs, every oath, affidavit or guarantee required of a
personal applicant shall be sworn or executed by all the deponents or sureties
before an authorized officer of court.

3. (1) A registrar shall not allow any grant to issue until all inquiries which he
Duty of registrar
may deem fit to make have been answered to his satisfaction. upon receiving
(2) A registrar may require proof of identity of the deceased or of the application for
grant
applicant for the grant beyond that contained in the oath.
(3) No grant of probate or of administration with the Will attached shall issue
within seven days of the death of the deceased.

4. (1) An application for a grant shall be supported by an affidavit sworn by the

Oath in support
applicant, and by such other papers as a Registrar may require. of grant
(2) Unless otherwise directed by a Registrar, the oath shall state where the
deceased died domiciled.

5. Where it is necessary to describe the deceased in a grant by some name in

Grant in
addition to his true name, the applicant shall state in the affidavit the true additional name
name of the deceased and shall depose that some part of the estate, specifying
it, was held in the other name or as to any other reason that there may be for
the inclusion of the other name in the grant.

6. A Will in which an application for grant is made shall be marked by the

signatures of the applicant and the person before whom the oath is sworn and Marking of Wills
shall be exhibited to an affidavit which may be required under this Order, as
to the validity, terms condition or date of execution of the Will, but where a
Registrar is satisfied that compliance with this Rule might result in the loss of
a Will, he may allow a photocopy of it to be marked or exhibited in lieu of the
original document.

7. (1) Where the registrar considers in a particular case a photocopy of the

original Will would not be satisfactory for purposes of record he may require
Engrossment for
an engrossment suitable for photocopy. purpose of
(2) Where a Will contains alterations which are not admissible to proof, there record
shall be lodged an engrossment of the Will in the form in which it is to be
proved.
(3) An engrossment lodged under this Rule shall reproduce the punctuation,
spacing and division into paragraphs of the Will and if it is one to which sub
rule (2) applies, it shall be made bookwise, on durable paper following
continuously from page to page.
113
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(4) Where any pencil writing appears on a Will, there shall be lodged a copy
of the Will or of the pages or sheets containing the pencil writing, in which
there shall be underlined in red ink those portions which appear in pencil in
the original.

8. (1) Where a Will contains no attestation clause or the attestation clause is

Evidence as to
due execution insufficient or where it appears to a Registrar that there is some doubt about
of Will the due execution of the Will, the Registrar shall before admitting it to proof,

require an affidavit as to due execution from one or more of the attesting

witnesses or if no attesting witness is conveniently available, from any other
person who was present at the time the Will was executed.
(2) Where an affidavit cannot be obtained in accordance with sub rule (1), the
Registrar may, if he thinks fit having regard to the desirability of protecting
the interest of a person who may be affected by the Will, accept evidence on
affidavit from any person he thinks fit to show that the signature on the Will is
the handwriting of the deceased or of any other matter which may raise a
presumption in favour of the due execution of a Will.

(3) Where a Registrar, after considering evidence –

(a) Is satisfied that the Will was not duly executed, he shall refuse
probate and shall mark the Will accordingly;
(b) Is doubtful whether the Will was duly executed, he may refer the
matter to the court on motion.

9. Before admitting to proof, a Will which appears to have been signed by a

Execution of Will blind or illiterate testator or by another person by direction of a testator, or
of blind or
illiterate testator which for any reason gives rise to doubt as to the testator having had
knowledge of the contents of the Will at the time of its execution, the registrar
shall satisfy himself that the testator had such knowledge.

10. (1) Where there appears in a Will any obliteration, interlineations, or other
Evidence as to
terms, alteration which is not authenticated in the manner prescribed by law or by the
conditions and re-execution of the Will or by the execution of a codicil, the Registrar shall
date of Will
require evidence to show whether the alteration was present at the time the
will was executed and shall give directions as to the form in which the Will is
to be proved, but this sub rule shall not apply to an alteration which appears to
the Registrar to be of no practical importance.
(2) Where from a mark on a Will, it appears to a Registrar that some other
document has been attached to the will or if a will contains any reference to
another document in such terms as to suggest that it ought to be incorporated
in the Will, the Registrar may require the document to be produced and call
for evidence regarding the attachment(s) or incorporation.
(3) Where there is doubt as to the date on which a Will was executed, a
Registrar may require such evidence as he thinks necessary to establish the
date.

114
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

11. Any appearance of attempted revocation of a Will by burning, tearing or other Attempted
revocation of
circumstance leading to a presumption of revocation by the testator, shall be Will
accounted for to a Registrar’s satisfaction.

12. A registrar may require an affidavit from a person he thinks fit for purposes of Affidavit as to
satisfying himself as to any of the matters referred to in rules 15, 16 and 17, due execution,
terms, etc of
and where an affidavit is sworn to, by an attesting witness or other person willl
present at the time of the execution of a Will, the deponent shall depose to the
manner in which the Will was executed.

13. Where it appears to a Registrar that there is prima facie evidence that a Will is Wills of persons
on military
one to which section 9 of the Wills Act, 1837, or an equivalent enactment in service and
force in the Territory, applies, the Will may be admitted to proof if a Registrar seamen
is satisfied that it was made by the testator in accordance with the provisions
of that enactment.

14. Where evidence as to the law of a country or territory outside the Federal Evidence of
Capital Territory, Abuja, is required on an application for a grant, the foreign law
Registrar may accept an affidavit from a person whom, having regard to the
particulars of his knowledge or experience given in the affidavit, he regards as
suitably qualified to give expert evidence of the law in question.
Order of
15. (1) Where a deceased dies, the person(s) entitled to a grant of probate or priority for grant
where
administration with the Will annexed shall be determined in the following deceased left a
order of priority – Will

(a) The executor;

(b) Any residuary legatee or devisee holding in trust for any other
persons;
(c) A residuary legatee or devisee for life;
(d) A residuary legatee or devisee whose legacy is vested in interest;
(e) The ultimate residuary legatee or devisee, including one entitled
on the happening of a contingency or, where the residue is not
wholly disposed of by the Will,

(i) A person entitled to share in the residue not disposed of

by Will, or his personal representative;
(ii) A legatee or devisee entitled to a share in the estate
disposed of;
(f) A specific legatee or devisee or creditor or subject to Rule 40 (3), a
personal representative of any such person or, where the estate is
not wholly disposed of by Will, any person who, notwithstanding
that the amount of the estate is such that he has no immediate
beneficial interest in it, may have a beneficial interest in the event
of an accretion to it;
(g) A specific legatee or devisee entitled on the happening of a
contingency, or a person having no interest under the Will of the

115
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

deceased who would have been entitled to a grant if the deceased

had died wholly intestate.
(2) Where the residue is not in terms wholly disposed of, the Registrar may, if
satisfied that the testator has disposed of the whole or substantially the whole
of the estate as ascertained at the time of the application for the grant, allow a
grant to be made (subject to Rule 49) to any legatee or devisee entitled to, or
to a share in the estate so disposed of, without regard to the persons entitled to
share in a residue not disposed of by the Will.

16. Where a gift to a person fails because he is an attesting witness or the spouse
Grant to attesting
witnesses, etc
of an attesting witness, that person shall not have a right to a grant as a
beneficiary named in the Will, but shall have his right to a grant in any other
capacity preserved.

17. (1) An applicant for a grant of probate or letters of administration with the
Value of property
Will attached shall file in the court a true declaration of all the personal
property of the deceased and its value.
(2) For purposes of the fees payable on probate and such letters of
administration, the value of the property for which the grant is made shall be
deemed not to include –

(a) Gratuity payable by the Federal or State Government of a State, or

the Federal Capital Territory, Abuja, to the estate of a person
formerly employed by it or a Statutory Corporation;
(b) A sum of money payable to an estate from a Provident Fund or
Pension Fund established under any written law.

18. (1) A court shall not issue probate or letters of administration with the Will
Answers required attached until all inquiries which the court sees necessary to institute have
before grant been answered to its satisfaction.
(2) A court shall, however, afford as great a facility for the obtaining of
probate or such letters of administration consistent with the prevention of
error and fraud.

Notice to prohibit 19. A notice to prohibit a grant of probate or administration with the Will attached
grant
may be filed in the court.

Effect of notice
20. (1) A notice shall remain in force three months only from the day of filing, but
may be renewed from time to time and the notice shall not affect a grant made
on a day the notice is field.
(2) A person filing a notice shall be warned by warning in writing delivered
at the place mentioned in the notice as his address.
citation
(3) Notices in the nature of citations shall be given in such manner as the
court directs.

Form of suits 21. Suits respecting probate or administration shall be instituted and carried on
subject to the same Rules of procedure regarding of ordinary claims.

116
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

22. (1) A person may, in his lifetime, deposit for safe custody in the court at Testator may
Abuja his own Will, under his own seal and that of the court. deposit Will
(2) The person depositing the Will shall furnish the Probate Registrar with
names/ addresses of not less than two persons who shall be notified for the
opening of the Will.

23. (1) An original Will, of which probate or administration with Will annexed is Perseveration
granted, shall be filed and kept in the Probate Registry, in such manner as to and inspection
of Will in the
secure the due preservation and convenient inspection of it. Registry
(2) A copy of every such Will and of the probate or administration shall be
preserved in a book kept for the purpose in the Registry.

24. (1) An original Will shall not be delivered out for any purpose
Delivery of Will
without the direction in writing of the court where the Will is filed. without order of
(2) A certified transcript, under the seal of court, of the probate or court
administration with the Will annexed may be obtained from the court.

II - Probate or Administration with Will annexed

25. (1) A person shall deposit a will at the Probate Registry with names of not less Deposition and
than two persons with their respective address, such persons shall be notified opening of Will
of the opening of the will.
(2) Upon the death of a testator any person may request for the opening of the
will by an application to the Probate Registrar supported with a death
certificate.
(3) The Probate Registrar shall notify the persons listed in (1) above and
family members to the opening of the will on a date fixed for the opening.
(4) On the date fixed for the opening all parties listed shall be seated and the
probate registrar shall open and read the will and thereafter issue to each
person a CTC of the will upon payment of a prescribed fee.
(5) Where any property is not mentioned in the Will of a deceased, the proven
Executors shall apply for Letters of Administration in respect of the said
property and such application shall be accompanied by the Probate.

26. (1) On receipt of an application for probate or for administration with Will Inspection of Will
annexed, a court shall inspect the Will and see whether it appears to be, signed as to its
execution
by the testator or by some other person in his presence and by his direction,
and subscribed by two witnesses according to the enactments, and shall not
proceed further if the Will does not appear to be so signed and subscribed.
(2) Where a Will appears to be signed and subscribed, the court shall then
refer to the attestation clause (if any) and consider whether the wording states
the Will to have been, in fact, executed in accordance with those enactments.

27. (1) Where there is no attestation clause, or if the attestation clause is insufficient, Proof of
the court shall require an affidavit from at least one of the subscribing execution
witnesses, if either of them is living, to prove that the will was, in fact, where
attestation
executed in accordance with those enactments. clause is
(2) An affidavit shall be engrossed and form part of the probate, so that the defective
probate may be a complete document on the face of it.
117
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Where Will not 28. Where, on perusal of an affidavit, it appears that a Will was not in fact,
executed executed in accordance with those enactments, the court shall refuse probate.
according to law

Death of 29. Where both subscribing witnesses are dead or if from other circumstances an
subscribing affidavit cannot be obtained from either of them, resort to an affidavit shall be
witnesses
had to other persons (if any) present at the execution of the Will but if no
affidavit can be obtained, proof shall be required of that fact and of the
handwriting of the deceased and of the subscribing witnesses and also of any
circumstances raising a presumption in favour of the due execution of the
Will.

30. Where a testator was blind or illiterate, a court shall not grant probate of the
Will by blind or
illiterate
Will, or administration with the Will annexed, unless the court is satisfied, by
proof on the face of the Will, that the Will was read over to the deceased
before its execution or that he had at that time knowledge of its contents.

31. (1) Where all persons entitled to the estate of a deceased under a Will have
Order of priority
for grant of
assigned their whole interest in the estate to one or more persons, the assignee
probate or assignees shall replace in order of priority for a grant of probate, the
assignor, or if there are two or more assignors, the assignors with the highest
priority, in the absence of a proving executor.
(2) Where there are two or more assignees, probate may be granted with the
consent of the others to any one or more (not exceeding four) of them.
(3) Where probate is applied for by an assignee, a copy of the instrument of
assignment shall be lodged in the Registry.

32. (1) Where there is no proving executor, an application to, join with a person
Joinder of
administrator entitled to a grant of administration with the Will attached another person –

(a) In a lower degree shall, in default of renunciation by all persons

entitled in priority to him; or
(b) Having no right to it, may, be made to a Registrar, supported by an
affidavit of a person entitled, the consent of the person proposed to
be joined as personal representative and such other evidence as the
Registrar may require.

(2) The following may without an application be joined with a

person entitled to administration with the Will attached -
(i) Any kin of the deceased having no beneficial interest in the
estate, on the renunciation of all persons entitled to join in the
grant,
(ii) Unless a Registrar directs, a person nominated for that purpose,
by the infant’s guardian,
(iii) A trust corporation.

Additional 33. (1) An application to add a personal representative shall be made to a

personal Registrar and shall be supported by an affidavit by the applicant, with the
representatives

118
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

consent of the person proposed to be added as personal representative and

such other evidence as the Registrar may require.
(2) On an application, the Registrar may direct that, a note shall be made on
the original grant of the addition of a further personal representative, or he
may impound or revoke the grant or make an order as the circumstances
require.

34. (1) A grant may be made to a person entitled without notice to other persons
Grants where
entitled in the same extent. two or more
(2) A dispute between persons entitled to a grant in the same degree shall be persons entitled
in the same
brought by application before the registrar. degree
(3) Where an application under this rule is brought before the Registrar, he
shall not allow any grant to be sealed until the application is finally disposed
of.
(4) Except a registrar directs, probate or administration with the Will
attached, shall be granted to a living person in preference to the personal
representative of a deceased person who would, if living, be entitled in the
same degree and to a person not under disability in preference to an infant
entitled in the same degree.

35. (1) Rules 15, 32, or 34, shall not operate to prevent making of a grant to a Exceptions to
person to whom a grant may require to be made under any enactment. rules as to priority
(2) The Rules mentioned in sub rule (1), shall not apply where the deceased
died domiciled outside jurisdiction, but shall apply to a case in which Rule 37
apply.

36. Where the beneficial interest in the whole estate of a deceased is vested Grants to
person having
absolutely in one person who has renounced his right to a grant of spessuccessionis
administration with the Will attached and has consented to such
administration being granted to a person(s) who would be entitled to his estate
if he himself had died intestate, administration may be granted to such person
or more (not exceeding four) of such persons, but a surviving spouse shall not
be regarded as a person in whom the estate has vested absolutely, unless he
would be entitled to the whole of the estate, whatever its value may be.

37. Where a deceased died domiciled outside jurisdiction, the registrar may order Grant where
deceased died
that a grant be issued to - domiciled
(a) A person entrusted with the administration of the estate by the outside the
Federal Capital
court having jurisdiction at the place where the deceased died; Territory
(b) A person entitled to administer the estate by the law of the place
where the deceased died domiciled;
(c) Any other person as the Registrar may direct where paragraphs (a)
and (b) do not apply;
(d) Any other person jointly with a person referred to in paragraphs
(a) and (b), or at least 2 administrators where the Registrar directs,
but where the Registrar does not make this Order –
(h) Probate or any Will which is admissible to proof may be granted
where -
119
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(aa) The Will is in English or in the local vernacular, to the

executor named therein;
(bb) The Will describes the duties of a named person in
terms sufficient to constitute him executor according to
the tenor of the Will;
(cc) Where the whole of the estate in the jurisdiction,
consists of immovable property, a grant limited to it
(dd) may be made in accordance with law applicable in the
Federal Capital Territory.
38. (1) Where a person entitled to a grant resides outside jurisdiction, a grant may
be made to his lawfully constituted attorney for his use and benefit, though
Grants to
Attorneys limited, until that person obtains a grant, but where the person entitled is an
executor, administration shall not be granted to his attorney without notice to
other executors, if any.
(2) Where a registrar is satisfied by an affidavit that it is desirable for a grant
to be made to the lawfully constituted attorney of a person entitled to a grant
and resident within jurisdiction, he may direct that a grant be made to the
attorney for the use and benefit of that person, though limited, until that
person obtains a grant.

39. (1) Where a person to whom a grant ought be made is an infant, a grant for
Grants on behalf his use and benefit until he attains the age of 18 years shall, subject to sub
of infants rules (3) and (5), be granted -
(a) to both parents of the infant jointly or to any guardian appointed
by a court of competent jurisdiction; or
(b) if there is no guardian able and willing to act and the infant has
attained the age of sixteen years, to any next of kin nominated by
the infant or where the infant is a married woman, to any such
next of kin or to her husband if nominated by her.

(2) A person, nominated under sub rule (1)(b), may represent any other infant
whose next of kin he is, being an infant below the age of sixteen years entitled
in the same degree as the infant who made the nomination.
(3) Administration for the use and benefit of the infant until he attains the
age of eighteen years may be granted to any person assigned as guardian by
order of a court in default of, or jointly with or to the exclusion of, a person
mentioned in sub rule (1), and such an order may be made on an application
by the intended guardian, who shall file an affidavit in support of the
application and if required by the court, an affidavit of fitness sworn by a
responsible person.
(4) Where a grant is required to be made to not less than two persons and
there is only one person competent and willing to take a grant under the
preceding provisions of this rule, a grant, unless the Registrar directs, may be
made to such person jointly with any other person nominated by him as a fit
and proper person to take a grant.
(5) Where an infant who is sole executor has no interest in the residuary
estate of a deceased administration with the Will attached, for the use and
120
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

benefit of the infant child until he attains the age of eighteen years shall,
unless the Registrar directs, be granted to the person entitled to the residuary
estate.

40. (1) Where one of two, or more executors is an infant, probate may be granted Grants where infant
to the other executor or executors not under disability, with power reserved is co-executor
for making a similar grant to the infant on his attaining the age of 18 years,

and administration for the use and benefit of the infant until he attains the age
of eighteen years may be granted under Rule 39, if the executors who are not
under disability renounce or on being cited to accept or refuse a grant, fail to
make an effective application accordingly.
(2) An infant executor’s right to probate on attaining the age of eighteen
years may not be renounced by any person on his behalf.

41. (1) Where a Registrar is satisfied that a person entitled to a grant is by reason Grants in case of
of mental or physical incapacity incapable of managing his affairs, a grant for mental or physical
incapacity
his use and benefit, limited during his incapacity or in such other way as the
registrar may direct, may be made -
(a) In the case of mental incapacity, to the person authorized by
the court to apply for the grant; or
(b) Where no person is authorized or in the case of physical
incapacity, if the person incapable is entitled –

(i) As executor and has no interest in the residuary estate

of the deceased, to the person entitled to such residuary
estate;
(ii) As an executor having an interest in residuary estate of
the deceased, to the person who would be entitled to a
grant in respect of his estate if he had died intestate or
to such other person.

(2) Except a Registrar directs, no grant shall be made under this rule unless
all persons entitled in the same extent as the person incapable have been
cleared off.
(3) In the case of mental incapacity, notice of intended application for a
grant under this rule shall, except the Registrar directs, be given to the person
alleged to be so incapable.

42. (1) Renunciation of probate by an executor shall not operate as renunciation Renunciation of
of any right which he may have to a grant of administration in some other probate and
administration
capacity unless he expressly renounces such right.
(2) Except a Registrar directs, no person who has renounced a grant in one
capacity may obtain a grant in some other capacity.
(3) A renunciation of probate or administration may be retracted at any time
on the Order of the Registrar, but only in exceptional circumstances, may
leave be given to an executor to retract a renunciation of probate after a grant
has been made to some other person entitled in a lower degree.
121
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

43. Where it appears that the Federal Capital Territory, Abuja, is or may be
Notice to
Federal Capital beneficially interested in the estate of a deceased person, notice of intended
Territory of application for a grant shall be given by the applicant to the Attorney- General
intended
application for
of the Federation, and the registrar may direct that no grant shall issue within a
grant specified time after the notice has been given.

44. (1) A registrar shall not require a guarantee as a condition of making a grant
except where it is proposed to make it –
Guarantee as a
condition (a) Under Rule 15(i)(4), to a creditor or the personal representative of
a creditor or to a person who has no immediate beneficial interest
in the estate of the deceased but may have such an interest in the
event of an accretion to the estate;
(b) Under Rule 36, to a person or some of the persons who would, if
the person beneficially entitled to the whole of the estate died
intestate, be entitled to his estate;
(c) Under Rule 38, to the attorney of a person entitled to a grant;
(d) Under Rule 39, for the use and benefit of a minor;
(e) under Rule 41, for the use and benefit of a person who is by reason
of mental or physical incapacity incapable of managing his affairs;
(f) To an applicant who appears to the registrar to be resident
elsewhere than in the Federal Capital Territory, Abuja; or
(g) Where the registrar considers that there are special circumstances
making it desirable to require a guarantee.

(2) Despite a proposal to make a grant as above, a guarantee shall not be

required, except in special circumstances, on an application for administration
where the applicant or one of the applicants is the Administrator- General or a
trust corporation.
(3) Every guarantee entered into by a surety for the purposes of this order,
Civil Form 49
shall be as in Form 49, as in the Appendix.
(4) Except where the surety is a corporation, the signature of the surety on
every such guarantee shall be attested by an authorized officer, commissioner
for oaths or other person authorized by law to administer an oath.

(5) Except a Registrar directs -

(a) If it is decided to require a guarantee, it shall be given by two
sureties, except where the gross value of the estate does not

exceed N1,000.00 or a corporation is a proposed surety and in

these cases one will suffice;
(b) No person shall be accepted as a surety unless he is resident in
the Federal Capital Territory, Abuja;
(c) No officer of the judiciary shall become a surety;
(d) The limit of the liability of the surety or sureties under a
guarantee shall be the gross amount of the estate as sworn on
the application for the grant;
(e) Every surety, other than a corporation, shall justify.
122
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(6) Where a proposed surety is a corporation, there shall be filed an affidavit

by the proper officer of the corporation to the effect that it has power to act as
surety and has executed a guarantee as prescribed by its constitution,
containing sufficient information as to the financial position of the corporation
to satisfy the Registrar that its assets are sufficient to satisfy all claims which
may be made against it under any guarantee which it has given or is likely to
give.

45. (1) An application for the resealing of probate or administration with the Will Resealing
attached granted by the court of a place not within the Federal Capital
Territory, Abuja, shall be made by the person to whom the grant was made or
by any person authorized in writing to apply on his behalf.
(2) On any such application-

(a) An Inland Revenue affidavit shall be lodged as if the

application were one for a grant in the Federal Capital
Territory, Abuja;
(b) The application shall be advertised in such manner as a
Registrar may direct and shall be supported by an oath
sworn by the person making the application.
(3) On an application for the resealing of such a grant -
(a) A Registrar shall not require sureties except where it
appears to him that the grant is made to a person or for a
purpose mentioned in Rule 44(1) (a) to (f), or except where
he considers that there are special circumstances making it
desirable to require sureties;
(b) Rules 8(4), and 44(2), (4), (5) and (6), shall apply with any
necessary modifications; and
(c) A guarantee entered into by a surety shall be asin Form 50,
as in the Appendix. Civil Form 50
(4) Except by leave of a registrar, no grant shall be resealed unless it was
made to such a person mentioned in Rule 37 (a) or (b), or to a person to whom
a grant could be made under that rule.
(5) No limited or temporary grant shall be resealed except by leave of the
Registrar.
(6) A grant lodged for resealing shall include a copy of any Will to which the
grant relates or shall be accompanied by a copy of it certified as correct by or
under the authority of the court by which the grant was made.
(7) A registrar shall send notice of the resealing to the court which made the
grant.
(8) Where notice is received in the Registry from outside the Federal Capital
Territory, Abuja, of the resealing of a grant made in the Federal Capital
Territory, Abuja, notice of any amendment or revocation of the grant shall be
sent to the court by which it was resealed.
Amendment
46. Where a Registrar is satisfied that a grant should be amended or revoked, he and revocation
may make an order accordingly, but in special circumstances, no grant shall of grant

123
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

be amended or revoked under this Rule except on the application or with the
consent of the person to whom the grant was made.

47. (1) A person who wishes to ensure that no grant is sealed without notice to
himself may enter a caveat in the Registry.
Entry of caveat (2) A person who wishes to enter a caveat (caveator), may complete Form 52,
as in the Appendix, in the appropriate book at the Registry and obtain an
Civil Form 51, & 52
acknowledgement of entry from the proper officer, or by sending through the
post at his own risk, a notice as in Form 51 to the Registry in which he wishes
the caveat to be entered.
(3) Where a caveat is entered by a legal practitioner on the caveator’s behalf,
the name of the caveator shall be stated as in Form 52.
(4) A caveat shall remain in force for 6 months from the date on which it is
entered and shall then cease to have effect, without limitation to the entry of a
further caveat or caveats.
(5) A registrar shall maintain an index of caveats entered in the registry and
on receiving an application for a grant in the Registry he shall cause the index
to be searched and shall notify the applicant in the event of a caveat having
been entered against the sealing of a grant for which application has been
made.
(6) A registrar shall not allow any grant to be sealed if he has knowledge of
an effective caveat respecting it, but no caveat shall operate to prevent the
sealing of a grant on the day on which the caveat is entered.
Civil Form 53 (7) A caveator may be warned by the issue from the registry of Form 53, as in
the Appendix, at the instance of a person interested, the person warning which
shall state his interest and if he claims under a Will, the date of the Will and
shall require the caveator to give particulars of any contrary interest which he
may have in the estate of the deceased and every warning or a copy of it shall
be served on the caveator.
(8) A caveator who has not entered an appearance to a warning may at any
time withdraw his caveat by giving notice at the registry and the caveat shall
then cease to have effect, and if he has been warned, the caveator shall
promptly give notice of withdrawal of the caveat to the person warning.
(9) A caveator who has an interest contrary to that of the person warning,
may, within eight days of service of the warning upon him inclusive of the
day of such service, or at any time after if no affidavit has been filed under
Civil Form 54 sub rule (11), enter an appearance in the registry by filing Form 54, as in the
Appendix, and making an entry in the appropriate book and promptly serve on
the person warning, a copy of Form 54, sealed with the seal of the registry.
(10) A caveator who has no interest contrary to that of the person warning,
but wishing to show cause against the sealing of a grant to that person, may,
within 8 days of service of the warning upon him inclusive of the day of such
service, or at any time after if no affidavit has been filed under sub rule (11),
issue and serve a summons for directions, which shall be returnable before the
registrar.
(11) Where a time limited for appearance has expired and the caveator has
not entered an appearance, the person warning may file in the registry an
affidavit showing that the warning was duly served and that he has not
124
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

received a summons for directions under sub rule (10), and then the caveat
shall cease to have effect.
(12) On the commencement of a probate action, the Probate registrar shall,
for each caveat then in force (other than a caveat entered by the claimant),
give to the caveator notice of the commencement of the action, and on
subsequent entry of a caveat at any time when the action is pending, shall
likewise notify the caveator of the existence of the action.
(13) Except a registrar directs –

(a) A caveat in force at the commencement of proceedings by way

of citation or motion shall, unless withdrawn pursuant to sub
rule (8), remain in force until an application for a grant is made
by the person shown to be entitled to it by the decision of the
court in such proceedings and on such application, a caveat
entered by a party who had notice of the proceedings shall
cease to have effect;
(b) Any caveat on which an appearance to a warning has been
entered shall remain in force until the commencement of a
probate action;
(c) The commencement of a probate action shall, whether or not
any caveat has been entered, operate to prevent the sealing of a
grant until application for a grant is made by the person shown
to be entitled to it, by the decision of the court in such action
and on such application any caveat entered by a party who had
notice of the action, or by a caveator who was given notice
under sub rule (12), shall cease to have effect.

(14) Except with the leave of a registrar, no further caveat may be entered by
or on behalf of any caveator whose caveat has ceased to have effect under sub
rule (11) or (13).
48. (1) A citation shall be settled by the registrar before it is issued.
(2) An averment in a citation, and such other information as a registrar may
Citation
require, shall be verified by an affidavit sworn to, by the person issuing the
citation (the citor) or if there are two or more citors, by one of them, but the
registrar may, in special circumstances, accept an affidavit sworn by the
citor’s legal practitioner.
(3) The citor shall enter a caveat before issuing a citation.
(4) Every citation shall be served personally on the person cited unless the
Registrar, on cause shown by affidavit, directs some other mode of service,
which may include notice by advertisement.
(5) A Will referred to in a citation shall be lodged in the registry before the
citation is issued, except where the Will is not in the citor’s possession and the
Registrar is satisfied that it is impracticable to require it to be lodged.
(6) A person who has been cited to appear may, within 8 days of service of
the citation upon him inclusive of the day of such service or at any other time
if no application has been made by the citor under Rule 55 (5) and Rule 56
(2), enter an appearance in the Registry by filing Form 54, as in the Appendix Civil Form 54

125
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

and making an entry in the appropriate book, and shall promptly serve on the
citor a copy of Form 54 sealed with the seal of the Registry.

49. (1) A citation to accept or refuse a grant may be issued at the instance of any
Citation to
accept or person who would himself be entitled to a grant in the event of the person
refuse to take a cited renouncing his right to it.
grant
(2) Where power to make a grant to an executor has been reserved, a citation
calling on him to accept or refuse a grant may be issued at the instance of the
executors who have proved the will or the executors of the last survivor of
deceased executors who have proved.
(3) A citation calling on an executor who has intermeddled in the estate of the
deceased to show cause why he should not be ordered to take a grant may be
issued at the instance of any person interested in the estate at any time after
the expiration of six months from the death of the deceased, but no citation to
take a grant shall issue while proceedings as to the validity of the will are
pending.
(4) A person cited who is willing to accept or take a grant may apply ex parte
to a Registrar for an order for a grant on filing an affidavit showing that he has
entered an appearance and that he has not been served by the citor with notice
of any application for a grant himself.
(5) Where a time limited for appearance has expired and the person cited has
not entered an appearance, the citor may in the case of a citation under –

(a) Sub rule (1), apply to the Registrar for an order for a grant to
himself;

(b) Sub rule (2), apply to the Registrar for an order that a note be
made on the grant that the executor in respect of whom power
was reserved has been duly cited and has not appeared and that
all his rights in respect of the executorship have wholly
ceased;
(c) Sub rule (3), apply to the Registrar by summons (which shall
be served on the person cited) for an order requiring that
person to take a grant within a specified time or for a grant to
himself or some other persons specified in the summons.

(6) An application under sub rule (5) shall be supported by an affidavit

showing that the citation was duly served and that the person cited has not
entered an appearance.
(7) Where a person cited has entered an appearance but has not applied for a
grant under sub rule (4) or has failed to prosecute his application with
reasonable diligence, the citor may in the case of a citation under -
(a) Sub rule (1), apply by summons to a registrar for an order
for a grant to himself;
(b) Sub rule (2), apply by summons to a registrar for an order
striking out the appearance and for the endorsement on the
grant of such a note mentioned in sub rule (5) (b);

126
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(c) Sub rule (3), apply by summons to a registrar for an order

requiring the person cited to take a grant within a specified
time or for a grant to himself or some other person
specified in the summons, and the summons shall be
served on the person cited in each case.

50. (1) A citation to propound a Will shall be directed to the executors named in
the Will and to all persons interested in it, and may be issued at the instance of Citation to
any citor having an interest contrary to that of the executors or such other propound a Will
persons.
(2) Where a time limited for appearance has expired, the citor may, in the
case -
(a) Where a person cited has not entered an appearance, apply
to a Registrar for an Order for a grant as if the Will were
invalid;
(b) Of a citation under Rule 49 (2), apply by summons to a
Registrar for an Order striking out the appearance and for
the endorsement on the grant of a note mentioned in rule
49 (5);
(c) Of a citation under Rule 49 (3), apply by summons to a
Registrar for an Order requiring the person cited to take a
grant within a specified time or for a grant to himself or
some other person specified in the summons, and the
summons shall be served on the persons cited in each case.

51. All caveats, citations, warnings and appearances shall contain an address for Address for
service
service within jurisdiction.

52. (1) An application for an order requiring a person to bring in a Will or to

Application for
attend for examination may, unless a probate action has been commenced, be order to bring in a
made to the court by summons, which shall be served on such person. Will or attend for
examination
(2) An application to a Registrar for the issue of a subpoena to bring in a
Will, shall be supported by an affidavit setting out the grounds of the
application and if any person served with the subpoena denies that the Will is
in his possession or control, he may file an affidavit to that effect.

53. An application for an order for a grant limited to part of an estate may be Limited grant
made to a Registrar and shall be supported by an affidavit stating –

(a) Whether the application concerns the real estate only or any
part of it, or real estate together with personal estate or of a
trust estate only;
(b) Whether the estate of the deceased is known to be insolvent;
(c) That the persons entitled to a grant of the whole estate in
priority to the applicant have been cleared off.

127
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Grant of 54. An application for an order for grant of administration ad colligenda bona
administration may be made to a Registrar and shall be supported by an affidavit setting out
ad colligenda
bona the grounds of the application.

55. An application for leave to swear to the death of a person in whose estate a
Application for
leave to swear grant is sought may be made to a Registrar and shall be supported by an
to death affidavit setting out the grounds of the application and containing particulars
of any policies of insurance effected on the life of the presumed deceased.

Grant for
56. (1) An application for an order admitting to proof a codicil or a Will contained
codicils and in a copy, a completed draft, a reconstruction or other evidence of its contents
copies of Wills where the original Will is not available, may be made to a Registrar, but
where a Will is not available owing to its being retained in the custody of a
foreign court or official, a duly authenticated copy of the Will may be
admitted to proof without an Order.
(2) The application in sub rule (1) shall be supported by an affidavit setting
out the grounds of the application and by such evidence on affidavit as the
applicant can adduce as to -
(a) The due execution of the Will;
(b) Its existence after the death of the testator; and
(c) The accuracy of the copy or other evidence of the contents of the
Will, together with any contents in writing to the application given
by any person not under disability who would be affected by the
grant.

Grant durante 57. An application for an order for a grant of special administration where a
adbsentia personal representative is residing outside the Federal Capital Territory,
Abuja, shall be made to a court on motion.
Notice of
election by
58. (1) Where a surviving spouse who is the sole personal representative of a
surviving spouse deceased is entitled to a life interest in a part of the residuary estate and
to redeem life elects to have the life interest redeemed, he may give written notice of the
interest
Civil Form 55 election to a registrar by filing a notice in Form 55, as in the Appendix, in
the registry.
(2) A notice filed under this Rule shall be noted on the grant and the
Record and shall be open to inspection.

Issue of copies 59. (1) Where copies are required of original Wills or other documents
of Will and other deposited under the provisions of a written law, such copies may be under
documents
the seal of Registry and issued as office copies and where such office
copies are not available, copies certified under the hand of a Registrar to be
true copies, shall be issued only if it is required that the seal of the court be
affixed to it.
(2) Copies, not being Photocopies, of original Wills or other documents
deposited, shall be examined against the documents of which they purport
to be copies, if required by the person demanding the copy and in such case
128
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

the copy shall be certified under the hand of a registrar to be a true copy
and may, in addition, be under seal of court.

60. (1) A bill of costs other than a bill delivered by a legal practitioner to his
client which falls to be taxed under the Legal Practitioners Act, shall be Taxation of
costs Cap. 207
referred to a registrar for taxation and may be taxed by him or such other
taxing officer as the chief judge may appoint.
(2) A party applying for taxation shall file the bill and give notice to any
other parties entitled to be heard on the taxation and shall at the same time,
if he has not already done so, supply them with a copy of the bill.
(3) Where a party entitled to be heard on the taxation does not attend
within a reasonable time after the time appointed, the taxing officer may
proceed to tax the bill upon being satisfied that such party had due notice
of the time appointed.
(4) The fees payable on taxation shall be paid by the party on whose
application the bill is taxed and shall be allowed as part of the bill.

61. A registrar may require any application to be made by motion or by Method of

making
summons. application

62. All powers exercisable under this Order by a Judge in chambers may be Exercise of
exercised by a Registrar. powers of a
Registrar

63. (1) A person aggrieved by a decision or requirement of a registrar may

appeal by summons to a judge.
Appeals from
(2) Where in an appeal under sub rule (1), any person besides the appellant Registrar
appeared or was represented before a registrar from whose decision or
requirement the appeal is brought, the summons shall be issued within 7
days for hearing on the first available day and shall be served on every
such person concerned.

64. (1) A judge or registrar may direct that a notice of motion or summons for the Service of
service of which no other provision is made in this Order shall be served on notice of
such person or persons. motion and
summons
(2) Whereby the provision of this Order or by a direction given under sub rule
(1), a notice of motion or summons is required to be served on a person, it
shall be served not less than 5 days before the hearing of the motion or
summons.

65. Except a Registrar directs otherwise or this Order provides, a notice or other Notice
document required to be given or served on a person may be given or served
by leaving it at or by sending it by prepaid registered post to, that person’s
address for service or if he has no address for service, his last known address.

66. An affidavit used in non-contentious probate business shall satisfy the Affidavit
requirements of Order 35.

129
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Time 67. Order 49 shall apply to the computation, enlargement and abridgement of time
under this Order.

Application 68. Subject to a direction given by a court, this Order shall apply to a proceeding
to pending
proceedings which is pending on the date on which these Rules come into operation as
well as to any proceeding commenced on or after that date, but where the
deceased died before the commencement of these Rules, the right to a grant
shall, subject to the provisions of any enactment, be determined by the
principles and rules in accordance with which the court would have acted at
the date of the death.

Contentions 69. Suits for probate shall be instituted and carried on, subject to the same Rules
probate form of procedure on ordinary civil claims.
of suit

70. (1) The Interpretation Act shall apply to the interpretation of this Order.
Interpretation (2) In this Order -
Cap. 192
“authorized officer” means an officer of a Registry authorized by law to
administer an oath or to take an affidavit required for any purpose connected
with his duties;
“gross value” in relation to an estate means the value of the estate without
deduction for debts, encumbrances, funeral expenses or estate duty;
“oath” means the oath required by this Order to be sworn by every applicant
for grant;
“personal applicant” means a person other than a trust corporation who seeks
to obtain a grant without employing a legal practitioner and “personal
application” has a corresponding meaning;
“Registrar” means the Probate Registrar, being the Chief Registrar;
“registry” or “probate registry” means the probate registry at the High court
of the Federal Capital Territory, Abuja.
“Will” includes a codicil and any testamentary document or copy or
reconstruction of it.
(3) A reference in this Order to a Rule or enactment shall be construed as
amended, extended or applied by any other Rule or enactment.

ORDER 65
Fees and allowances

1. Subject to the provisions of any written law and of the preceding Orders –

Fees and
a. The fees set-out in the First, Second, Third, Fourth and Fifth Schedules
allowances are payable by a person commencing the respective proceedings or
desiring the respective service specified in those Schedules;
b. The allowances set-out in Part II of the First schedule are payable to the
various categories of witnesses mentioned in it, by a person at whose
instance they testify, but a witness who testifies at the instance of the
Court acting on its own motion shall be paid out of public revenue.

130
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

2. The Regulations set-out in the Fifth Schedule shall be observed by all officers Regulations
of Court concerned with the rendering of services, and/or collection of fees
payable, under the provisions of the preceding Orders.

131
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

APPENDIX
LIST OF FORMS
Form No Title
1. General forms of writ of summons.
2. Writ for service out of the jurisdiction.
3. General form of originating summons.
4. Originating summons under Order 2
5. Forms of Exparte Originating Summons.
6. Certificate of Pre-Action Counseling.
7. Form of memorandum for renewed originating Process.
8. Request to Minister of Foreign Affairs to transmit Writ to foreign Government.
9. Request for service abroad.
10. Letter forwarding request for Substituted Service.
11. Request to Minister of External Affairs to transmit Notice of Writ to a foreign
Government
12. Memorandum of appearance.
13. Notice of counter-claim.
14. Concession to defence
15. Enrolment order.
16. Notice of payment into court.
17. Acceptance of sum paid into court.
18. Acceptance of sum paid into court by one of several defendants.
19. Hearing notice for pre-trial conference.
20. Pre-trial information sheet.
21. Interrogatories.
22. Answer to interrogatories.
23. Affidavit as to documents.
24. Form of order for accounts and inquires.
25. Legal practitioner’s undertaking as to expenses.
26. Letter of request to take evidence abroad.
27. Order for appointment of the Nigerian Diplomatic agent as special examiner.
28. Form of praecipe.
29. Subpoena ad testificandum.
30. Habeas corpus ad testificandum.
31. Subpoena duces tecum.
32. Application to place matter on the Fast Track Division.
33. General form of writ of summons (Fast Track).
34. Notice of acceptance to place case on Fast Track Division.
35. Non-acceptance to place case on Fast Track List.
36. Daily record of cases held and summary of orders.
37. Application for copies of proceeding (Transcript).
38. Form of guarantee for the acts and defaults of a Receiver.
39. Receiver's Security by Undertaking.
40. Receiver’s account.
41. Affidavit verifying Receiver's account.
42. Certificate of the Chief Registrar.
43. Notice of appeal.

132
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

44. Order for payment of principal money or interest secured by mortgage or charge.
45. Order for possession of property forming a security for payment to the claimant of
any principal money or interest.
46. Order for payment of principal money or interest secured by mortgage or charge
and for possession of property.
47. Originating summons for possession.
48. Order for possession.
49. Surety’s guarantee.
50. Surety’s guarantee on application for resealing.
51. Notice to prohibit grant.
52. Caveat by legal practitioner.
53. Warning to caveator.
54. Appearance to warning/ Citation.
55. Notice of election to redeem life interest.
56. Default of appearance and defence in case of liquated demand.
57. Interlocutory judgment in default where demand unliquidated.
58. Interlocutory and final judgement in default where demand unliquidated.
59. Default judgement in detinue.
60. Judgement in default of appearance in action for recovery of land, damages and
costs.
61. Judgement for recovery of land only.
62. Final judgement after assessment of damages.
63. Judgement after appearance and Order.
64. Judgement for unliquidated demand.
65. Judgement after trial before Chief Registrar or Referee.
66. Judgement after trial of questions of account by Referee.
67. Judgement upon motion for judgment.
68. Judgment for dismissal.
69. Judgment for defendant's costs on discontinuance.
70. Judgment for claimants costs after confession of defence.
71. Judgment for costs after acceptance of money paid into Court.
72. Judgment on motion after trial of issue.
73. Legitimation petition.
74. Legitimacy Act affidavit.
75. Legitimacy Act undertaking by next friend.
76. Legitimacy Act undertaking for costs.
77. Legitimacy Act Notice to Attorney-General of the Federation.
78. Legitimacy Act Answer to petition.
79. Legitimacy Act decree.
80. Receipt to be given by Bailiff.
81. Return of process in possession of bailiff.
82. Return of cash received by bailiff.
83. Sheriff’s Receipts for Writ.
84. Sheriff’s Register of Process.
85. Summons for neglect to levy execution.
86. General form of commencement of process in transferred proceedings.

133
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

87. Order suspending or staying judgment or process or for discharge of debtor.

88. Registrar's Process Book.
89. Writ of attachment and sale against immovable property.
90. Notice to Registrar of Foreign Court of payment under Warrant or Order of
commitment sent to him.
91. Public Notice of attachment of land.
92. Notice of attachment.
93. Notice of claim to attached property.
94. Notice to claimant to attached property to make deposit or give security.
95. Notice of application for private sale.
96. Notice to person in possession of sale of attached property.
97. Certificate of purchase of land.
98. Writ of interim attachment in judgment debtor proceedings.
99. Notice of consequence of disobedience to order of Court.
100. Notice to show cause why order of attachment should not be made.
101. Certificate that labour has been ordered for debtor prisoner.
102. Warrant of committal of judgement-debtor in default of security.
103. Warrant of committal or remand of judgment-debtor for misconduct.
104. Warrant of Committal for contempt.
105. Warrant of Arrest and Detention of Judgment-Debtor.
106. Production Warrant.
107. Praecipe for issue of Order or Warrant of Committal (1).
108. Praecipe for issue of Order or Warrant of Committal (2).
109. Praecipe for issue of Order or Warrant of Committal (3).
110. Certificate by officer in charge of prison on paymentof judgement
debt.
111. Notice of part-payment.
112. Endorsement of refusal of Discharge Order.
113. Endorsement of recommittal.
114. Writ of interim attachment.
115. Warrant to arrest absconding defendants (High Court).
116. Writ of delivery.
117. Writ of delivery with execution against immovable property.
118. Writ of Sequestration.
119. Register of Judgments.
120. Notice of registration of Certificate of judgment.
121. Notice of issue of process.
122. Notice of payment into Court.
123. General form of title of proceedings.
124. General form of affidavit.
125. General form of conclusion of Notices.
126. Notice of set-off or counter-claim.
127. Order for Consolidation.
128. Undertaking by defendant applying for stay of proceedings.
129. Order to stay proceedings.
130. Notice to claimants in other actions of judgment in selected action.
131. Third-Party Notice.

134
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

132. Undertaking by next friend of infant or committee of persons of unsound

mind to be responsible for defendant's costs.
133. Plaint note.
134. Affidavit on application for issue of duplicate plaint note.
135. Ordinary summons.
136. Admission Counter-claim, special defence.
137. Service endorsement on any document of which personal service is effected
(except a witness or judgment summons).
138. Order for substituted service.
139. Substituted service notice in the Federal Capital Territory,
Abuja.
140. Service endorsement of substituted service.
141. Service endorsement on summons to witness.
142. Service endorsement of ordinary or default summons.
143. Affidavit to ground default summons.
144. Summons to obtain judgment by default in personal service.
145. Notice of intention to defend.
146. Praecipe for entry of judgment in default action.
147. Notice to claimant of payment into court of whole claim with or
without costs.
148. Affidavit on application on behalf of infant or person of unsound
mind for appointment of guardian ad litem.
149. Order appointing guardian ad litem.
150. Certificate of judgment or order.
151. Record Book of High Court.
152. Order of High Court referring proceedings to arbitration.
153. Order of reference of proceedings, or question for inquiry or report.
154. Bond by person giving security.
155. Summons to witness to give oral evidence.
156. Summons to witness to produce documents.
157. Notice to produce documents at hearing.
158. Order of forfeiture for non-attendance of witness or for witness
refusing to be sworn or give evidence.
159. Notice to show cause why forteiture should not be ordered.
160. Application to obtain order to bring up prisoner to give evidence.
161. Order to bring up prisoner to give evidence.
162. Judgment for claimant (single payment).
163. Judgment where counter-claim has been made.
164. Judgment for delivery of goods.
165. Judgment for claimant (payment by instalments).
166. Notice of application for a new trial.
167. Affidavit of attesting witness of Will.
168. Declaration as to Next of Kin.
169. Administration bond (Will Annexed)
170. Letter of administration (Will Annexed)
171. Bank certificate.
172. Inventory

135
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

173. Particulars of freehold/leasehold property left by the Deceased.

174. Oath for executor.
175. Oath leading to resealing.
176. Justification of sureties.
177. Administration bond (without Will).
178. Oath for administration (without Will).
179. Letter to bank (1).
180. Letter to bank (2).
181. Administration bond on application for resealing.
182. Statutory affidavit of Next of Kin.
183. Application for a grant of letters of Administration (without Will).
184. Oath for double probate.
185. Application for grant of double probate of a Will.
186. Renunciation of probate or administration (Will annexed).
187. Acknowledgement of deposit/withdrawal of Will.
188. Supplementary inventory to letters of administration.
189. Inventory for the resealing of letters of administration (without Will).
190. Preamble to letters of administration.
191. Letters of administration (without Will).
192. Schedule to letters of administration.
193. Probate Registrar’s letter to Chief Judge.

136
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 1

General Forms of Writ of Summons

(0.2, r.2(5))

FCT/HC/CV/_________/ 20__

(Here put the letter and number (see note (a) following this form).

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the…………………………………………………… Judicial Division

Between:

A.B………………………………………………………………………Claimant

And

C.D…………………………………………………………….Defendant

To C.D. of………………… in the……………….of ……………………

You are hereby commanded that within fourteen days after the service of this writ on
you, inclusive of the day of such service you do cause an appearance to be entered for
you in an action at the suit A.B. and take notice that in default the claimant may
proceed, and judgment may be given in your absence.

TAKE FURTHER NOTICE that parties shall maintain status quo.

Dated this …………………day of ………………………… 20 ………

……………………………….
Registrar

Memorandum to be subscribed on the writ.

N.B:
This writ is to be served within three calendar months from the date of issuance, or if
renewed, within three calendar months from the date of the last renewal, including
the day of such date, and not afterwards.

137
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Form of Writ of Summons,

The defendant may enter appearance personally or by legal practitioner either by

handing in the appropriate Forms, duly completed at the registry of the High Court of
the Judicial Division in which the action is brought or by registered post to the
registry.

Endorsements to be made on the writ before issue:

The claimant’s claim is for (b) ……………………………………………

This writ was issued by G.H. of …………….whose address for service (c) is
……………………………………agent for……………………… of
……………………legal practitioner for the said claimant who resides at
(d)…………………………………………………………….(mention the city town
or district and also the name of the street and number of the house of the claimant’s
residence, if any).

Endorsement to be made on copy of writ of summons after service.

This writ was served by me at …………………..on the defendant (here insert mode
of service) on the ………………..day of ………20………… Endorsed the
………day of ………………….….20……………………..

……………………………..
(Signed)

………………………………..……………..
(Address)

Note:

(a) Heading and Title – if the action is for administration the writ must be
headed. “In the matter of the Estate of ……………………………..
deceased”. If it is a debenture holder’s action, the writ must be headed “In

The Matter of the Company” and in a probate action. “In the Estate of
A.B. deceased”. A writ of summons claiming administration of a trust or
settlement may be instituted. “In the matter of the Trust or settlement”.

(b) Endorsement of Claim – If the claimant sues or defendant is sued in a

representative capacity the endorsement must state in what capacity the
claimant sues or the defendant is sued (0.4.r.2.). If the claim is for a debt
or liquidated demand only, the Endorsement, even though not special must
strictly comply with the provisions of (0.4.r.4,) including a claim for four
days’ costs.

138
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(c) Address for Service –The address must be within the jurisdiction (0.4.r.6).

(d) Address of Claimant – In the case of a company in liquidation the

claimant’s address should run “…………………………… claimants who
are a company in liquidation. The liquidator is (name of liquidator) of
(address of liquidator).

In the case of a foreign corporation within the meaning of part II chapter 3

of the Companies and Allied Matters Act the claimants’ address should
run thus:

“…………………………………………………Claimants who are a

foreign corporation within the meaning of the Companies and Allied
Matters Act. The registered name and address of the person to be served
are (here add registered name and address)”.

(e) Endorsement of Service – 0.7.r.13.

(f) Probate Actions – In these actions the endorsement of claim must show
the nature of the claimant’s interest under which he claims (0.4.r.3); and
the alleged interest of the defendant.

Before the writ is issued the following certificate must be endorsed on it:

The Registry,
High Court of the Federal Capital Territory
Abuja

In the ……………………………………… Judicial Division

A sufficient affidavit in verification of the endorsement on this writ to authorize the

sealing produced to me this ……day of ……… 20 ……

……………………….……………..
(Signature of Registrar)

139
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 2

Writ for Service out of the jurisdiction

(0.2. r2(6))
To C.D. of …………………………………………………………… you are hereby
commanded that within (here insert the number of days directed by the court or judge
ordering the service or notice) days after service of this writ on you inclusive of the
day of such service, you do cause an appearance to be entered for you in the
………………………………….. Judicial Division of the High Court of the Federal
Capital Territory in an action at the suit of A.B.; and take notice, that in default the
Claimant may proceed and judgment may be given in your absence.

TAKE NOTICE that parties shall maintain status quo.

Dated this …………………day of ………20 ……..

By order of the court.

……………………………
Registrar

Memorandum to be subscribed on the writ

N.B:

This writ is to be served within three calendar months from the date of issuance, or, if
renewed, within three calendar months from the date of the last renewal, including
the day of such date and not afterwards.

The defendant may appear hereto by entering appearance either personally or by legal
practitioner at the registry or the Judicial Division in which the writ is issued.

This writ was served (as in Form No. 1.)

Endorsement to be made on the writ before the issue:

NB:
This writ is to be used where a defendant is out of the jurisdiction.

Note:
The above endorsement “N.B.” must be on every writ or concurrent writ for service
out of the jurisdiction except against defendant domiciled abroad but whom it is
intended to be served within jurisdiction.

Endorsement:- if the claim is for a debt or liquidated demand only, the endorsement,
even though not special, must strictly comply with the provisions of 0.4.r.4(1)
including a claim for costs. In addition, refer to the Note on Form 1 to this rule.

140
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 3

General Form of Originating Summons

(O.2, r.3(4))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………… Judicial Division

(If the question to be determined arises in the administration of an estate or a trust

entitle: In the matter of the estate or trust)

In the matter of estate or trust…………………………………………….

Between

A.B…………………………………………………………………………Claimant

And

C.D. and E.F……………………………………………………Defendants

Let……….……of………………………………………………..……in…………….
………………………………………………within forty-two days after service of
this summons on him, inclusive of the day of such service, cause an appearance to be
entered for him to this summons which is issued upon the application of
……………….…of .………………………..who claims to be (state the nature of the
claim), for the determination of the following questions: (State the questions).

TAKE NOTICE that parties shall maintain status quo.

Dated the ……………………..day of …………………20………………

……………………………
Registrar

This summons was taken out by ……………………………………legal practitioners

for the above-named………………………………………….

141
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 4
Originating Summons under Order 2
(O.2, r.3(4))

No………………………………………..of 20…………………………

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the ……………………………………………………Judicial Division

In the matter of A.B. a legal practitioner (Re Taxation of costs or as may be). Let
A.B. of ……………………………attend the Court. (or Chief Registrar’s Office)
High Court of Federal Capital Territory, Abuja, on the …………………….. day of
……………………. 20 …………………… at 9 o’clock in the forenoon (on the
hearing of an application on the part of …………………………….) (State relief
sought).

If for leave to endorse award under the Arbitration Law, ap. Add, “And that the
respondent do pay the costs of this application to be taxed.”

TAKE NOTICE that parties shall maintain status quo.

DATED the ……………day of ……………………… 20……………

……………………………
Registrar

This summons was taken out by ………………………………………

Note:
It will not be necessary for you to enter an appearance in the HIGH COURT
REGISTRY, but if you do not attend either in person or by your legal practitioner, at
the time and place above mentioned or at the time mentioned in the endorsement,
such order will be made and proceedings taken as the judge may think just and
expedient.

142
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 5

Form of ex parte Originating Summons

(O.2,r.3(4))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the ……………………………………………………Judicial Division

Suit No…………………….

In the matter of A.B……… (an infant or, as may be).

Let all parties concerned attend before the judge or (Chief Registrar’s Office), High
Court of Federal Capital Territory, Abuja, this ………………………..day of
………………….. (at the time specified in the margin) on the hearing of an
application on the part of the above named A.B. (an infant) by C.D. his friend, that:

(State the reasons for the application)

TAKE NOTICE that parties shall maintain status quo.

……………………………
Registrar

This summons was taken out by………………………………………of

………………………………agents for………………………………of
……………….………………………legal practitioner for the applicant.

143
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 6

Certificate of Pre-Action Counselling

(O.2. r.2(2)e)

I, (full name of legal practitioner) certify that as the legal practitioner representing
(full name of party) the claimant/ defendant has counseled my client on the strength
and weakness of his cause or matter and informed him/ them of the opportunities
available for the alternative dispute resolution of this case and the possibility of a
reconciliation between the parties being effected either with or without the assistance
of such an organization and should this matter turn out to be frivolous, I am prepared
to be liable as per the provisions of the rules of this court.

Dated this………… day of…………………………….. 20…………….

Legal practitioner’s name and Signature.

FORM 7
Form of Memorandum for Renewed Originating Process
(O.6, r.6(2))
Heading as in Form No.1

Seal renewed Originating Process in this action endorsed as follows:-

“The Originating Process renewed on the …day of …….. 20... …pursuant to order of
court made………day of …………………20 .……….for 3 months”

(Copy original Originating Process and the endorsements)

144
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 8

Request to Minister of Foreign Affairs to Transmit

Writ to Foreign Government
(O.8, r.3(a))

The Chief Judge of FEDERAL CAPITAL TERRITORY, ABUJA presents his

compliments to the Minister of Foreign Affairs, and encloses a notice of a writ of
summons issued in an action of……………………. …………A.B……………versus
C.D………pursuant to order out of the Jurisdiction of the High Court of the Federal
Capital Territory, Abuja for transmission to the Ministry of Foreign Affairs in (name
of country) with the request that it may be served personally upon (name of defendant
to be served) against who proceedings have been taken in the
………………………….. Judicial Division of the High Court of the Federal Capital
Territory, Abuja and with further request that such evidence of the service upon the
said defendant may be officially certified, or declared upon oath, or otherwise, to the
High Court of the Federal Capital Territory, Abuja in such manner as is consistent
with the usage or practice of the courts of the (name of country) in providing service
of legal process.

The Chief Judge further requests that in the event of efforts to effect personal service
of the said notice of writ proving ineffectual, the Government or Court of the said
country be requested to certify it to the High Court of the Federal Capital Territory,
Abuja.

145
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 9

Request for Service Abroad (Title as in Form No.4)

(O.8, r.3(b))

I (or we) hereby request that the writ of summons in this action be transmitted
through the proper channels to (name of country) for service (or substituted service)
on the defendant (Defendants name) at (address of defendant) or elsewhere in (name
of country). And I (or we) hereby personally undertake to be responsible for all
expenses incurred by the Ministry of Foreign Affairs for the service hereby requested,
and on receiving due notification of the amount of such expenses I (or we) undertake
to pay the sum into the High Court Registry for transmission to the Director-General
(Permanent Secretary) of the Ministry of Foreign Affairs.

Dated this ………………………..day of ………………… 20 ………

…………………………………….
Signature of legal practitioner

146
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 10

Letter Forwarding Request for Substituted Service

(O.8, r.3(d))

The Chief Judge of federal capital territory, Abuja presents his compliments to the
Minister of Foreign Affairs and encloses a writ of summons in the case of
………………………And …………………….in which the claimant has obtained an
order of the ………………………… Judicial Division of the High Court of the
Federal Capital Territory, Abuja (which is also enclosed) giving leave to make a
request that the said writ may be served by substituted service on the defendant
……………… at …………..……………………………………………. In the (name
of country).

The Chief Judge requests that the said writ and order may be forwarded to the proper
authority in (name of country) with the request that it may be transmitted by post
addressed to the defendant at (the last known place of abode or the place of business)
of the said defendant, or there delivered in such manner as may be consistent with the
usage or practice of the courts of (name of country) for service of legal process where
personal service cannot be affected; and with the further request that it may be
officially certified or declared upon oath, or otherwise, to the ……………….Judicial
Division of the High Court of the Federal Capital Territory, Abuja in such manner as
is consistent with the practice of the courts of the (name of country) in proving
service of legal process.

147
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 11

Request to Minister of Foreign Affairs to transmit

Notice of writ to a Foreign Government
(O.8, r. 4(1)(a))

The Chief Judge of Federal Capital Territory, Abuja presents his compliments to the
Minister of Foreign Affairs and enclose herewith a writ of summons issued in an
action……………..of …………………And the (insert name of the defendant)
pursuant to order, out of the ………………………………………………Judicial
Division of the High Court of the Federal Capital Territory, Abuja for delivery to the
Government of (insert name of the country and to request that an official certificate
may in due course be dispatched to the………………………………………..Judicial
Division of the High Court of the Federal Capital Territory, Abuja stating that the
writ of summons has been delivered, and on what date.

148
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 12

Memorandum of Appearance
(O.9, r.1(1))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …….………………………………………………Judicial Division

Suit No. FCT/HC/CV/________/20____

Between:

……………………………………………………………….Claimant(s)

And

………………………………………………………………Defendants(s)

Please enter an appearance for 1(a) …………………………..sued as 1(b)

……………………………………………………………………………
……………………………………………………………………………
In this action.

Dated the……………day of …………… 20 ……………………………

Signed……………………………

Whose address for service is 1(c) …………………………………………

……………………………………………………………………………..

N.B – Additional notes for the guidance of defendants seeking to enter an appearance
are given on the back. Please read carefully.

Notes:-
1 (a) The defendant must give his or her full name.

(b) Give name by which the defendant is described in the writ if this differs from
defendant’s full name, otherwise delete words “such as”

(c) A defendant appearing in person must give his residence or some other place
within the Jurisdiction of Federal Capital Territory, Abuja to which
communications should be sent. Where he appears by a legal practitioner, the
legal practitioner’s place of business.

149
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

2. Where the defendant is a firm, the appearance must be entered by the

name of individual partners with the description “Partner in the firm of
………………………”

3. Where the defendant is an individual trading in a name other than his own,
the appearance must be entered by him in his own name with the addition
of the description “Trading as……………………………..”

4. Where the defendant is a limited liability company, the appearance must

be entered by a legal practitioner.

5. Where the appearance is being entered by leave of the court, a copy of the
order granting leave must accompany this form.

6. Where the defendant has no defence or admits the claimant’s claim, the
entry of appearance will delay judgment and may increase the costs
payable by the defendant.

7. Acknowledgement of service shall be as follows:-

I, ……………………………….. acknowledge that on the … day of

…………………………..20………………. at (time and place) received
the following documents –

(a) ……………………………………………………
(b) ……………………………………………………
(c) …………………………………………………….

I also acknowledge that I am the person referred to in the sealed copy of

the originating process.

Dated this ………………………………day of ………20……

……………………………………..
Signature

150
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 13

Notice of Counterclaim
(O.17, r.8)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the…………………………………………………… Judicial Division

Between:

A.B…………………………………………………………Claimant(s)

And

C.D…………………………………………………………Defendant(s)

To the within-named X.Y.

Take notice that if you do not appear to the counter claim of the within-named C.D.,
within 8 days from the service of the defence and counterclaim, you will be liable to
have judgment entered against you in your absence.

Appearance to be entered at the …………………………………..Judicial Division,

High Court Registry, Federal Capital Territory, Abuja.

151
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 14

Concession to Defence
(0.17, r.15)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the…………………………………………………… Judicial Division

Between:

A.B……………………………………………………………Claimant(s)

And

C.D., E.F and G.H.…………………………………………...Defendant(s)

The claimant concedes to the defence stated in the paragraph ……….. of the
defendant’s defence (or, of the defendant’s further defence).

152
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 15

Enrolment Order
(O.19, r.2 (1))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the……………………………………………………Judicial Division
Holden at ……………………………………………………………………………

Suit No. …………………

This Honourable Court hereby orders that the matter between ……………………….
………………………… ………………………………………………… Claimant
Address ………………………………………………………………………………..
…………………………………………………………………………………………
And
…………………………………………………………………………… Defendants
Address ………………………………………………………………………………...
………………………………………………………………………………………….

Be referred to the Abuja Multi-Door Courthouse for settlement.

By Order

………………………….
Honourable Judge

153
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 16

Notice of Payment into Court

(O.22, r.1(6))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the……………………………………………………Judicial Division

Between:

A.B……………………………………………..…………………………Claimant(s)

And

C.D.E.F and G.H.…………………………………….………………… Defendant(s)

Take notice that the defendant ……………..……………………..has paid into Court

N…………………….and says that (…………………………… part of) that sum is
enough to satisfy the claimant’s claim (or/ and N……………………… the other part
of that sum is enough to satisfy the claimant’s claim
for………………………………………………...)

Dated the …………………………day of …………………….………20 ……………

…………………………………………………
P.O., legal practitioner for the defendant, C.D.

To: X.Y., the claimant’s legal practitioner, and to Mr. R.S. legal practitioner for the
defendant E.F.

To be filed in by the Cashier, High Court.

Received the above sum of…………………Naira…………………Kobo

………………………………….into court in this action

Dated the………………… day of ……………….. 20 ………………..

154
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 17

Acceptance of Sum Paid into Court

(O.22, r.2(1))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the………………………………………………………………… Judicial Division

Suit no……………
Between:

A.B…………………………………………………………………………Claimant(s)

And

C.D., E.F and G.H.…..…………………………………………………Defendant(s)

Take notice that the claimant accepts the sum of N……………………… paid by the
defendant (C.D.) into court in satisfaction of the claim for which it was paid in (and
abandons his other claims in the action)

Dated the ……………………………day of ……………….. 20 …….

………………………………………………………..
X.Y. Claimant’s legal practitioner

To - Mr. P.O. legal practitioner for the defendant C.D. and Mr. R.S. legal practitioner
for the defendant E.F.

155
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 18

Acceptance of Sum Paid into Court

by one of Several Defendants
(O.22, r.4(2))

In the HIGH COURT OF THE FEDERAL CAPITALTERRITORY, ABUJA

In the…………………………………….…………………………. Judicial Division

Suit no…….………..
Between:

A.B……………………………………………..……………………………………Claimant(s)

And

C.D.E.F and G.H.………………………………………………………...Defendant(s)

Take notice that the claimant accepts the sum of N……………….paid by the
defendant C.D. into court in satisfaction of his claim against the defendant C.D.

Dated the ……………………………….day of ………………………….. 20 ……..

………………………………….............
X.Y. Claimant’s legal practitioner

To: Mr. P.O. legal practitioner for the defendant C.D., and Mr. R.S. legal practitioner
for the defendant E.F.

156
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 19

Hearing Notice for Pre-Trial Conference

(O.27, r.10(1)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the……………………………………………………..…………. Judicial Division

Suit no……………
Between:

A.B……………………………………………………..……………………………Claimant(s)
And
C.D……………………………………………………...…………..….…Defendant(s)

To (insert name of parties) ……………………………………………………………..

Take Notice that you are required to attend the Court No……………… at the High
Court of the Federal Capital Territory, Abuja at the
………………………………………… Judicial Division, on the
…………………day of …………………… 20 …………at 9 o’clock in the
forenoon, for a Pre-Trail Conference for the purposes set out hereunder:

1. (a) disposal of non-contentious matters which must or can be

dealt with on interlocutory application;

(b) giving such directions as to the future course of the action as appear
best adopted to secure its just, expeditious and economical disposal;

(c) promoting amicable settlement of the case or adoption of alternative

dispute resolution.

2. Please answer the questions in the attached Pre-Trail Information

Sheet (Form 20) on a separate sheet and submit seven clear days
before the above mentioned date.
Take Notice that failure to attend in person or by legal practitioner at the time and
place mentioned, such proceeding will be taken and such order will be made as the
judge may deem just and expedient.

Dated the………………………….day of …………………… 20………

Signed ……………………
Chief Registrar

157
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 20

Pre-Trial Information Sheet

(O.27, r.10(2))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the……………………………………………….………………. Judicial Division

Suit no……….……..

Between:

A.B……………………………………………….………………………Claimant(s)

And

C.D………………………………………………………………..….…Defendant(s)

This Pre-Trial Information Sheet is intended to include reference to all applications,

which the parties would wish to make at the Pre-Trial Conference. Applications not
covered by the standard questions raised in this Pre-Trial Information Sheet should be
entered under item 12 below.

All parties shall not later than 7 days before the first Pre-Trial Conference file and
serve on all parties:

(a) all applications for matters to be dealt with before trial including but not
limited to the matters listed below:

(b) written answers to the questions contained in this Pre-Trial Information

Sheet.

1. Do you require that this action be consolidated with any other action(s)? If so
give particulars

2. Are amendments to any originating or other process required?

3. Are further and better particulars of any pleading required? If so, specify what
particulars are required.

4. Do you object to any interrogatories that may have been delivered pursuant to
Order 27 rule 1 of the High Court (Civil Procedure) Rules? If so, state the
grounds of such objection in compliance with Order 27 rule 4 of the Rules.

158
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

5. Do you object to producing any document of which a request for discovery

has been made pursuant to Order 27 Rule 8(1) of the High Court (Civil
Procedure) Rules.

6. If you intend to make any additional admissions, give details.

7. Will interpreters be required for any witness? If so, state in what language.

8. Is this a case in which the use of a single or joint expert might be suitable? If
not state reasons.

9. Is there any way in which the court can assist the parties to resolve their
dispute or particular issues in it without the need for a trial or full trial?

10. Have you considered some form of Alternative Dispute Resolution (ADR)
procedure to resolve or narrow the dispute or particular issues in it? If yes
state the steps that have been taken. If not state reasons.

11. State any question or questions of law arising in your case, if any, which you
require to be stated in the form of a special case for the opinion of the judge in
accordance with Order 30 of the Rules.

12. List the applications you wish to make at the Pre-Trial Conference.

Dated this …………………day of……………… 20 …………………….

Signed:……………………………….

(legal practitioner for the ………………………………)

For service on:

………………………………………….

159
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 21

Interrogatories
(O.28, r.2)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the..………………………………………..….………………..…. Judicial Division

Suit no……………….…….
Between:

A.B………………………………………………………….………………………Claimant(s)

And

C.D., E.F and G.H.……………………………….……………………...Defendant(s)

Interrogatories on behalf of the above-named (claimant or defendant C.D.) for the

examination of the above named (defendants E.F., and G.H. or claimant).

1. Did not, .

2. Has not, .

(The defendant E.F. is required to answer the interrogatories numbered

………………………………) (The defendant G.H. is required to answer the
interrogatories numbered……………………………………………)

Dated this …………………day of …………… 20 …………………….

160
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 22

Answer to Interrogatories
(O.28, r.6)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the…………………………………...……………………………. Judicial Division

Suit no……..……….
Between:

A.B……..………………………………….………………………………Claimant(s)

And

C.D., E.F and G.H.………………..................…………………………...Defendant(s)

The answer of the above-named defendant E.F., to the interrogatories for his
examination by the above-named claimant.

In answer to the said interrogatories, I the above-named E.F. make oath and says as
follows:

I, the above-named defendant E.F., do solemnly swear by Almighty God that this is
my name and handwriting and that the facts deposed by me in this affidavit are the
truth, the whole truth and nothing but the truth.

161
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 23
Affidavit as to Documents
(O.28, r.8(3))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the………………………………………………………………. Judicial Division

Suit no……………

Between:

A.B………………………………………..………………………………Claimant(s)

And

C.D., E.F and G.H.…….…………..................………………………...Defendant(s)

I, the above-named defendant C.D. make oath and says as follows:-

1. I have in my possession or power the documents relating to the matters in

question in this suit outlined in the first and second parts of the first
schedule

2. I object to produce the said documents outlined in the second part of the
said first schedule (state grounds of objection).

3. I have had, but have not now, in my possession or power the documents
that relate to the matters in question in this suit outlined in the second
schedule.

4. The last-mentioned documents were last in my possession or power on

(state when and what has become of them and in whose possession now
are).

5. To the best of my knowledge, information and belief I do not have and

never had in my possession, custody or in the possession, custody or
power of my legal practitioner or agent or of any other person(s) on my
behalf, any deed, account, book of account, voucher, receipt, letter,
memorandum, paper or writing, or any copy of or extract of such
document, or other document(s) whatsoever, relating to the matters in
question in this suit, or any of them or where any entry has been made
relative to such matters, or any of them, other than the documents outlined
in the first and second schedule.

Dated this …………………day of ………………………… 20 ………

(ILLITERATE JURAT)
………………………………….
162
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Form 24
Form of order for Accounts and Inquiries
(O.29, r.10)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the………………………………………………..……………. Judicial Division

Suit no…….………..
Between:

A.B………………………………………………..……………………Claimant(s)

And

C.D., E.F and G.H.…………………......................…………………...Defendant(s)

This court orders that the following accounts and inquiry be taken and made; that is
to say.

1.
2.
3.
4.

And it is ordered that the following further inquiries and accounts be made and taken;
that is to say.

5.
6.
7.
8.

And it is ordered that further consideration of this cause be adjourned, and any of the
parties are to be at liberty to apply as they may be advised.

163
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 25

Legal Practitioner’s Undertaking as to Expenses

(O.34, r.7(a))

(Heading as in Form No 1)

I, (or we) undertake to be responsible for all expenses incurred by the Ministry of
Foreign Affairs on the letter of request issued on the……………………………..and
on receiving due notification of the amount of such expenses undertake to pay it as
directed by the Chief Registrar of the High Court.

The following have been appointed as agents for the parties in connection with the
execution of the above letter of request:

Claimant’s Agent………………………of…..................…………………………….

Defendant’s Agent……………….of…………..............……………………………

Dated this …………………day of ……………………..…………… 20 …………

……………….……………
Legal practitioners for
……………………………
……………………………

164
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 26

Letter of Request to take Evidence Abroad

(Convention Country)
(O.34. r.7(b)(i))

To the Competent Judicial Authority of ……………………………in the

………………………………………………………………………....of…..…………
……………………………………………………………….........................................
.
Whereas a civil (commercial) action is now pending in the ……………… Judicial
Division of the High Court of the Federal Capital Territory, Abuja - Nigeria, in
which……………is the claimant and ………………………is the defendant.
And in the said action the claimant claims……………………....................…………..

And whereas it has been represented to the said court that it is necessary for the
purpose of justice and for the due determination of the matters in dispute between the
parties, that the following persons should be examined as witnesses upon oath
touching such matters, that is…………………of ……………………………..and
……………….. of ……………………… and it appears that such witnesses are
resident within your jurisdiction.

Now, I, the Chief Judge of the High Court of the Federal Capital Territory, Abuja -
Nigeria, have the honour to request, and do request, for the above reasons and for the
assistance of the court, you will be pleased to summon the witnesses (and such other
witnesses as the agents of the claimant and defendant shall humbly request you in
writing to summon) to attend at a time and place as you shall appoint before you, or
such other person as according to your procedure is competent to take the
examination of witnesses, and that you will cause such witnesses to be examined,
upon the interrogatories which accompany this letter of request and viva voce,
touching the said matters in question in the presence of the agents of the claimant and
defendant or any of them as shall, on due notice given, attend such examination.

And I further have the honour to request that you will permit the agents of both the
claimant and defendant or any of them as shall be present to be at liberty to examine,
upon interrogatories and viva voce upon the subject-matter or arising out of the
answers, such witnesses as may, after due notice in writing, be produced on their
behalf, and give liberty to the other party to cross-examine the witnesses, upon cross-
interrogatories and viva voce upon the subject-matter or arising out of the answers,
such witnesses as may, after due notice in writing, be produced on their behalf, and
give liberty to the other party to cross-examine the witnesses, upon cross-
interrogatories and viva voce, and the party producing the witness of examination
liberty to re-examine him viva voce.

And I further have the honour to request that you will be pleased to cause the answers
of the said witnesses and all additional viva voce questions, whether on examination
cross-examination or re-examination the evidence of such witnesses to be reduced
into writing and all books, letters, paper, and documents produced upon such
165
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

examination to be duly marked for identification, and that you will be further pleased
to authenticate the examination by the seal of your tribunal, or in such other way as is
in accordance with your procedure, and to return the same together with, the
interrogatories and cross interrogatories, and a note of the charges and expenses
payable for the execution of this request, through the Ministry of Foreign Affairs
from whom the name was received for transmission to the said High Court of the
Federal Capital Territory, Abuja - Nigeria.

And I further beg to request that you will cause me, or the agents of the parties if
appointed, to be informed of the date and place where the examination is to take
place.

Dated this …………………day of ……………………………….……… 20 ……….

166
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 27

Order for Appointment of the Nigerian Diplomatic Agent

As Special Examiner (Convention Country)
(O.34, r.8)

(Heading as in Form No. 1)

Upon hearing the legal practitioners on both sides and upon reading the affidavit
of………………………………………………….................................……………….

It is ordered that the Nigerian Diplomatic Agent or his deputy at

……………………….be appointed as Special Examiner for the purpose of making
the examination, cross-examination, and re-examination, viva voce, on oath or
affirmation, of ……………….. witnesses on the part of
the……………..at…………... The examiner shall be at liberty to invite the
attendance of the said witnesses and the production of documents, but shall not
exercise any compulsory powers, otherwise such examination shall be taken in
accordance with the Nigerian High Court Procedure. The …………………..legal
practitioners to give to the ……………………………….legal
practitioners……………………days notice in writing of the date on which they
propose to send out this order to……………………………for execution and that
………………………………… days after the service of such notice the legal
practitioners for the claimants and defendants do exchange the names of their parents
at …………….to whom notice relating to the examination of the said witnesses may
be sent. That ……………………days (exclusive of Sunday) prior to the examination
of any witness, notice of such examination shall be given by the agent of the party on
whose behalf such witness is to be examined to the agent of the other party unless the
notice is dispensed with. That the depositions when taken together with any
documents referred to or certified copies of documents, or of extracts, be transmitted
by the examiner, under seal, to the Chief Registrar of the High Court, Federal Capital
Territory, Abuja, Nigeria, on or before the …………………...day of
………………………..next, or such further or other day as may be ordered, there to
be filed in the proper office. That either party be at liberty to read and give such
depositions in evidence on the trial of this action, saving all just exceptions. That the
trail of this action be stayed until the filing of such depositions. That the costs of and
incidental to this application and such examination be costs in the action.

Note:
If the Convention requires that the invitation or notice of the witnesses must
expressly state that no compulsory powers may be used, these requirements must be
complied with.

167
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 28

Form of Praecipe
(O.34, r.20)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the……………………………………………….……………. Judicial Division

Suit No………………………
Between:

A.B…………………………………………….………………………Claimant(s)

And

C.D. and Others……………………............………………………...Defendant(s)

Seal Writ of Subpoena………………..on behalf of the….............………directed

no…………………returnable.

Dated this ………………day of ……………………………..…… 20 ……………

(Signed)………………………………………………………………………………

(Address)…………………………………………………..………………………….

Legal practitioner for the ………………………………………..……………………

168
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 29

Subpoena ad Testificandum
(O.34, r.21)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the……………………………………………………..…………. Judicial Division

Suit No……………….

Between:

…………………………………………………………….………………Claimant(s)

And

…………………………………………….................………………….Defendant(s)

To……………………………………….of………...................………………………

You are commanded in the name of the President of the Federal Republic of Nigeria
to attend before this Court at
……………..on……………..the……………………………………day of
……20…………at……………………o’clock in the forenoon and from day to day
till the above cause is tried, to give evidence on behalf of
the……………………………………………………....................……………………

Dated this …………………day of …………………………….………… 20 ………

………………..……
Judge

169
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 30

Habeas Corpus Ad Testificandum

(O.34, r.21)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the………………………………………………………………. Judicial Division

Suit No…………………
Between:

……………………………………………………………………………Claimant(s)

And

…………………………………….……….................………………...Defendant(s)

………………………The Controller of Prisons, at……....................….……………

You are commanded in the name of the President of the Federal Republic of Nigeria
to have ………………………………., who is detained in your custody in Prison, at
….…………before the
court……………at……….on………the……………day………..at……………..O’cl
ock in the forenoon, and from day to day until the above action is tried, to give
evidence in the above-named cause, and immediately after the said…………..shall
have given his evidence you shall duly conduct him to the prison from which he shall
have been brought.

Dated this…………………day of ………………………… 20 ………….

…………………………..
Judge

170
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 31

Subpoena Duces Tecum

(O.34, r.21)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the………………………………………………………………… Judicial Division

Suit No………………..….……

Between:

……………………………………………………………..………………Claimant(s)

And

……………………………………………....................….……………...Defendant(s)

To………………………….of…………………………. You are commanded in the

name of the President of the Federal Republic of Nigeria to attend before the Court
at…………………on……………..the……………………………………….…….day
of ………………………. 20…………………… at the hours of ………………..
o’clock in the forenoon, and from day to day until the above cause is tried, to give
evidence on behalf of the …………………………………………………………..and
also to bring with you and produce at the time and place mentioned
………………………………………………………………………………………….

(Specify documents to be produced)

Dated this…………day of ………………………………..…… 20 ………………….

…………………………..
Judge

171
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 32

Application to place matter on the Fast Track Division

(O. 37, r. 4 (e))

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

DATE………………………..

The Hon Chief Judge

Federal Capital Territory
Abuja

SUIT NO. FT/ / /20

_________________________________________________________ CLAIMANT

AND

________________________________________________________ DEFENDANT

I hereby apply for the above named matter to be placed in the Fast Track Division of
the court.

I undertake to comply with all the conditions

Solicitor to Claimant/Claimant

FOR THE COURT

Approved / Refused to be heard in the Fast Track Division

…………………………………
Chief Judge

172
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 33

General Form of Writ of Summons (Fast Track)

(0.2, r.2(5))

FCT/HC/CV/_________/20__

(Here put the letter and number (see note (a) following this form).

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the…………………………………………………….…………. Judicial Division

Between:

A.B……………………………………………………….…………………Claimant

And

C.D……………………………………………………….………………...Defendant

To C.D. of………………in the……………….of…………………………

You are hereby commanded that within _________ days after the service of this writ
on you, inclusive of the day of such service you do cause an appearance to be entered
for you in an action at the suit A.B. and take notice that in default of your so doing
the claimant may proceed , and judgment may be given in your absence.

DATED this …………………day of ………………………… 20 …

…………………………
Registrar

Memorandum to be subscribed on the writ.

N.B:
This writ is to be served within three calendar months from the date or if renewed,
within three calendar months from the date of the last renewal, including the day of
such date, and not afterwards.

173
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Form of Writ of Summons, continued

The defendant may enter appearance personally or by legal practitioner either by

handing in the appropriate forms, duly completed at the registry of the High Court of
the Judicial Division in which the action is brought or by sending them to the registry
by registered post.

Endorsements to be made on the writ before issue.

The claimant’s claim is for (b) ………………………………..………………………

This writ was issued by G.H. of ……………. whose address for service (c)
is……………………………………agent for …………………………………… of
…………………… legal practitioner for the said claimant who resides at (d)
…………………………………………………………. (mention the city town or
district and also the name of the street and number of the house of the claimant’s
residence, if any).

Endorsement to be made on copy of writ after service.

This writ was served by me at ………………….. on the defendant (here insert mode
of service) on the ……………………..………………………………………... day of
………….20………………………..….. Endorsed the……………..day of
………………………..20…………………………

……………………………..
(Signed)

………………………………..……………..
(Address)

Note:

(g) Heading and Title – if the action is for administration, the writ must be
headed - “In the matter of the Estate of ……………………………..
deceased”. If it is a debenture holder’s action the writ must be headed “In
the matter of the company” and in a probate action “In the Estate of A.B.
deceased”. A writ of summons claiming administration of a trust or
settlement may be instituted “In the matter of the (Trust or settlement)”.

(h) Endorsement of Claim – If the claimant sues or defendant is sued in a

representative capacity the endorsement must state in what capacity the
claimant sues or the defendant is sued. See 0.4.r.2. If the claim is for a
debt or liquidated demand only, the Endorsement, even though not special
must strictly comply with the provisions of 0.4.r.4, including a claim for
four days’ costs.

174
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(i) Address for Service – see 0.4.r.6. The address must be within the
jurisdiction.

(j) Address of Claimant – In the case of a company in liquidation the

claimant’s address should run “…………………………… claimants who
are a company in liquidator)”.

In the case of a foreign corporation within the meaning of part 10 of the

Companies and Allied Matters Act the claimants’ address should run thus:

“……………………………………………………………claimants who
are a foreign corporation within the meaning of the Companies and Allied
Matters Act. The registered name and address of the person to be served
are (here add registered name and address)”.

(k) Endorsement of Service – see 0.7.r.13.

(l) Probate Actions – In these actions the endorsement of claim must show
the nature of the claimant’s interest under which he claims (0.4, r.3); and
the alleged interest of the defendant.

Before the writ is issued the following certificate must be endorsed on it:
The Registry, HIGH COURT OF THE FEDERAL CAPITAL
TERRITORY, ABUJA.

In the……………………………………….Judicial Division

A sufficient affidavit in verification of the endorsement on this writ to authorize the

sealing has been produced to me this ………………………………… day of
………..…………………… 20 ………

……………………….……………..
(Signature of Registrar)

175
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 34
Notice of Acceptance to Place Case on Fast Track Division
O.37 r.6 (2)
In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

………………………………………

………………………………………

………………………………………

………………………………………

Suit No. FT/…../…../…..

…………………………….…………………………………………………. Claimant

And.

…………………………….…………………………………….. …………Defendant

NOTICE OF ACCEPTANCE TO PLACE CASE ON FAST TRACK DIVISION

PLEASE TAKE NOTICE that following your application in the above-named matter,
the above case has been placed on FAST TRACK LIST.
PLEASE NOTE that henceforth this matter shall be dealt with in accordance with
FAST TRACK Case Management directions, applications and guidelines.

Dated at Abuja, this ……………… day of ………………….. 20……….

……………………………

COORDINATOR

FOR SERVICE

176
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 35
Non-Acceptance to Place Case on Fast Track List
(O.37 r.6 (2))
In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
………………………………………

………………………………………

………………………………………

………………………………………

Suit No. FT/…../…../…..

Between

…………………………….…………………...…………………………. Claimant(s)

And

………………………………………………..………………. …………Defendant(s)

NON-ACCEPTANCE TO PLACE CASE ON FAST TRACK LIST

I refer to your application to place the above-named case on Fast Track list
and wish to inform you that the case cannot be placed on Fast Track List. It has
accordingly been placed on the general cause list.
You may contact the Coordinator for other details on this matter.

Dated at High Court, Abuja this………..day of ………….. 20…..……

COORDINATOR

177
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 36
Daily Record of Cases Held and Summary of Orders
O.37 r.7
In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

MONTHLY RECORD OF CASES HELD AND SUMMARY OF ORDERS

DATE………………..
1. TITLE OF CASE___________________________SUIT NO…….
2. NAME OF JUDGE____________TIME CASE CALLED………
3. COURT MANAGER____________________________________
4. APPEARANCES:
Counsel for Claimant_______________________________________
Counsel for Co-Claimant____________________________________
Counsel for Defendant______________________________________
Counsel for Co-Defendant___________________________________
5. CASE CALLED COUNSEL FOR ALL SIDES PRESENT
6. COUNSEL FOR__________ABSENT_____________PRESENT
7. STAGE CASE HAS REACHED___________________________
8. ACTION FOR THE DAY: motion held; granted; not granted; adjourned.
9. REASONS___________________________DATE_________
10. PART HEARD STAGE
11. EVIDENCE OF CLAIMANT EXHIBIT TENDERED

12. EVIDENCE OF CLAIMANT’S WITNESS……………………….

13. EVIDENCE: OF DEFENDANT EXHIBIT TENDERED
14. EVIDENCE: OF DEFENDANT’S WITNESS…………………….
15. ADDRESS BY COUNSEL FOR THE CLAIMANT___________
16. ADDRESS BY COUNSEL FOR THE DEFENDANT__________
17. SPECIFIC ORDERS (if any) MADE IN THE DAY
18. TIME CASE ENDED FOR THE DAY______________________
19. AT WHOSE INSTANCE________________________________
20. COST ___________________________________________FT.F4

178
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 37

Application for Copies of Proceeding (Transcript)

(O.37, r.16)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

FAST TRACK COURT

APPLICATION FOR COPIES OF PROCEEDING (TRANSCRIPT)

1. of (Postal Address)
Phone Number Fax Number E-Mail Number
wish to apply for copies of daily proceedings (or state portion required)
of this Court in respect of (title of case) Suit No
i pending before (name of Judge)

CERTIFICATION
By signing hereunder, I commit myself to the process of electronic recording of all
the proceedings in this case and do hereby certify that I will pay all charges.

Dated at Abuja this…………day of…………………………..………. 20………….

SOLICITOR FOR Claimant/Defendant

The Coordinator,
Fast Track Court

179
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 38

Form of Guarantee for the Acts and Defaults of a Receiver

(O.42.r.10)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the………………………………………………………………. Judicial Division

Suit No………..………
PARTIES

Re…………………………………………vs………….......................………………..

Guarantee for N ………………….. Annual premium N….......................……………

This guarantee is made the ……………………..day of ……………..20……..

Between (XYZ) of ………………..( called “The Receiver”) of the first part, and
……………of ……………( called “the surety”) of the second part and The President
of the Federal Republic of Nigeria. By an Order of the High Court of the Federal
Capital Territory, Abuja ….…………………. Judicial Division dated the
………………day of ……………………… 20……… and made in the above-
mentioned action the receiver has been appointed to receive (and manage) (follow
words of the order). And it was ordered that the Receiver should give security to the
satisfaction of the Judge on or before the … day of….20………

The surety in consideration of the annual premium stated above at the request of the
Receiver has agreed to issue this guarantee agreeable to the Judge as proper security
pursuant to the court order.

Now this guarantee witnesses as follows -

1. The Receiver and the Surety jointly and severally covenant with the
President of the Federal Republic of Nigeria and his successors that the
Receiver shall and will from time to time account for what he has already
received since the date of the order appointing him and shall further
receive or for what since the date of the order appointing him he has or
shall be or become liable to pay or account for as such Receiver (and
manager) including as well every sum of money or other property
received during the period for which he has been appointed. Also every
sum of money or other property received for any extended period for
which he may be appointed and shall pay or deliver every sum or property
as the court or a judge may direct.

2. It is hereby mutually agreed as follows:

180
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

a) If the Receiver shall not for every successive twelve months to be

computed from the date of his appointment as such receiver as aforesaid
or within fifteen days after the expiration of such twelve months pay at the
office of the Surety the annual premium or sum of
N……………………………. then the Surety shall be at liberty to apply
by summons in the action to be relieved from all further liability as surety
under this guarantee except any damage or loss occasioned by any act or
default of the receiver in relation to his duties as receiver (and manager)
prior to the hearing and determination of such summons.

b) A statement under the hand of any registrar of the High Court of The
Federal Capital Territory, Abuja of the amount which the receiver is liable
to pay and has not paid under this guarantee and that the loss or damage
has been incurred through the act or default of the receiver, shall be
conclusive evidence in any action or information by the President of the
Federal Republic of Nigeria against the receiver and surety or either of
them or by the surety against the receiver of the truth of the contents of
such statement and shall constitute a binding charge not only against the
receiver and his personal representatives but also against the surety and
his funds and property without being necessary for the President of the
Federal Republic of Nigeria to take any legal or other proceedings against
the receiver for the recovery and without any further proof being given in
that behalf in any action to enforce this guarantee.

c) The liability of the surety under this guarantee is limited to the sum of
N…………………………..provided nevertheless that a registrar of the
High Court may by his signature to the endorsement on this guarantee (in
the form printed) reduce the said liability of the surety further or with the
consent of the surety by an instrument in writing duly executed increase
such liability as may be necessary and upon such endorsement this
guarantee shall continue in full force but in that case the premium shall be
correspondingly reduced or increased.

3. It is further agreed between the receiver and the surety as follows:

(a) The receiver on being discharged from his office or ceasing to act
as receiver (and manager) shall give written notice to the surety by
registered post and also within 7 days of such notice furnish to the
surety free of charge an office copy of the order, if any, of the
judge discharging him.

(b) The receiver and his personal representatives shall at all times
indemnify the surety and its property and funds against all loss,
damage, costs and expenses which the surety or its funds or
property may or might otherwise sustain by reason of the surety
having executed this guarantee at his request.

181
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

In witness, the receiver has set his hand and seal and the surety
has caused its Common Seal to be affixed the ………………. day
of ……………..20 ………………………… in the matter of
………………….increased liability.

To be attached by way of endorsement to guarantee.

The liability of the surety under the guarantee has with the
consent of the receiver and the surety been increased from
N………………….to N ……………………….for any acts or
omissions to which the guarantee relates committed by the
receiver subsequent to the date the total liability of the Surety
for both the guarantee and his endorsement being limited to the
increased sum above stated.
Sealed with the seal of the receiver and also the Common Seal of the surety
this………………….day of ……………….20………………….as evidence of such
increased liability and the admission by the receiver and the surety respectively.

Signed, sealed and delivered by…………… the receiver in the presence of

………….
The common Seal of the surety was affixed in the presence of
……………………………………………..……………………………

182
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 39

Receiver’s Security by Undertaking

(O.42, r.10)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the……………………………………………….………..………. Judicial Division

Suit No…………………………………

PARTIES

Re…………………………………………vs……....................……………………….
.

I,………………………………………………of ……………………the receiver (and

manager) appointed by order dated……………………(or proposed to be appointed)
in this action hereby undertake with the court to duly account for all moneys and
property received by me as receiver(or manager) or for which I may be held liable
and to pay the balances from time to time found from me and to deliver any property
received by me as receiver (or manager) at such times and manner as the court or a
judge shall direct.

And we, ……………………………… jointly and severally (in the use of guarantee
or other company strike out “jointly and severally”) undertake with the court to be
answerable for any default by the said …………………………….,as receiver (or
manager) and upon default to pay to any person as the court shall direct any sum not
exceeding in the whole N…………………..that may from time to time be certified
by a registrar of the High Court to be due from the receiver and we submit to the
jurisdiction of the court in this action to determine any claim made under this
undertaking.

Dated this …………………day of ………………20 …………………….

Signatures of receiver and his surety or sureties. In the case of a surety being a
guarantee or other company, it must be sealed or otherwise duly executed.

183
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 40

Receiver’s Account
(O.42, r.13)

(TITLE)

Suit No…………………………………of 20……………………..

The (…………………………….) account of A.B., the receiver appointed in this cause (or, pursuant to an order made in this cause, dated the ….
……………………..day of ………………………….), to receive the rents and profits of the real estate, and to collect and get in the outstanding
personal estate of C.D. the testator (or, intestate) in this cause named, from the ………….day of…………..
(To accord with the order)
REAL ESTATE - RECEIPTS

No. of Date when Tenant’s Description Annual Arrears Amount Amount Amount Observations
item received name of premises rent due due Received Remaining
at…….. at …….. due

N N N N

184
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

PAYMENTS AND ALLOWANCES ON ACCOUNT OF REAL ESTATE

No. Date of Names of persons to whom paid or For what purpose paid or allowed Amount
of Payment or allowed N
item allowance

One year’s insurance of due……………..

Bill for repairs at house let to……………
Allowance for a half-year’s income
Tax, due…………………………………
Total Payments N

185
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

RECEIPT ON ACCOUNT OF PERSONAL PAYMENT AND ALLOWANCES ON

ESTATE ACCOUNT PERSONAL ESTATE
No. Date Names of On what Amount No. Date Names of For what Amount paid
of when persons from account Received of when paid persons to purpose or allowed
item received whom received received item or allowed whom paid paid or
or allowed allowed

186
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

SUMMARY

N N

Amount of balance due from receiver on account of real estate on last account …………………………………………………………
Amount of receipts on the above account of real estate……………..……………………………………………………………………

Balance of last account paid into court……………………………………………………………………………………………………

Amount of payments and allowances on the above account of real estate……………………………………………
Amount of Receiver’s costs of passing this account as to real estate……………………………………………. N

Balance due from the Receiver on account of real estate

Amount of balance due from Receiver on last account of personal estate………………………………………
Amount of receipts on the above of personal estate……………………………………………………………… N

Balance of last account paid into court………………………………………………………………………………

Amount of payments and allowances on the above account of personal estate………………………………………
Amount of receiver’s costs of passing this account as to personal estate……………………………………………
Balance due from the receiver on account of personal estate……………………………………………………. N

187
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 41

Affidavit Verifying Receiver’s Account

(O.42, r.14)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the………………………………………………………………………………. Judicial Division

Suit No:…………

Between:

A.B…………………………………………………………………………………………Claimant(s)

And

C.D. and E.F………..…...........................................……………….……………….……Defendant(s)

I, ........…..……………………………….of …………………………………..the Receiver appointed

…………….. in this cause, make oath and states as follows:

1. The document now shown to me marked “A” is as specified.

2. ………………………. and …………………………my sureties named in the guarantee

(or undertaking) dated …………… 20………… are both alive and neither of them has
become bankrupt or insolvent.

3. The………………….Co. Ltd., my surety named in the…………….. guarantee (or

undertaking) dated ……………20…………is still carrying on business and no petition
or other proceeding for its winding-up is pending.).

Additional paragraphs as to wages and petty cash are sometimes necessary.

188
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 42

Certificate of the Chief Registrar

(O.45, r.9)

PARTIES

Pursuant to the directions given to me by Hon. Justice……………………. I certify that the result of
the accounts and inquires which have been taken and made in pursuance of the judgment (or order),
in this cause dated the …………..day of ……………… is as follows:

1. The defendants………………….of ……………………………, have received the

amount of N……………..and they have paid, or are entitled to be allowed an account,
sums to the amount of N…….. leaving a balance due from or to them of
N………………on that account.

2. The particulars of the above receipts and payments appear in the account
marked……………………….verified by the affidavit of …………………………. filed
on the ……. day of ……….. and which accounts is to be filed with this certificate, except
that in addition to the sums appearing on such account to have been received, the
defendants are charged with the following sums (state the sum here or in a schedule), and
except that I have disallowed the items of disbursement in the account numbered
………………and …………………….(or in cases where a transcript has been made).

3. The defendants ……………………. have brought in an account verified by the affidavit

of …………………filed on the……………. day of ………………..and which account is
marked ……………… and is to be filed with this certificate. The account marked
……………….. and which is also to be filed with this certificate, is a transcript of the
account as altered and passed.

N.B:
The above numbers are to correspond with the number in the order after each statement, the
evidence produced is to be stated as follows:

The evidence produced on this account (or, inquiry) consists of the following document
…………………….. filed on ……..………………………….. day of ………………… 20
……………….of the affidavit of C.D. filed ……………………

189
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 43

Notice of Appeal (Civil)

(O.50, r.2(4))

In the DISTRICT (OR AREA) COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

No. ………………….

A.B. versus C.D.

Take notice that the claimant (or Defendant, as the case may be) A.B. (or C.D.; name the party who
is appealing) appeals from the judgment (or order or decision) dated the …………………. ….day of
…………………………….., 20……… ………in the above proceedings.
And further take notice that his grounds of appeal are ……………….……….……………………
………………………………………………………………………….………………………………
………………………………………………………………………………………………………….

Dated …………………………………………..…………………….

…………………………………….
A.B. (or C.D.) (or the Legal
Practitioner acting for him)

To C.D. (or A.B.) of …………………………………………………………………………………

Note:

This notice must be filed with the registrar of the trial court within a month of the decision appealed
from and served on all parties affected by the appeal within that period.

The grounds of appeal should be given in full.

The rules on civil appeals from District and Area courts should be looked at carefully.

190
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 44

Order for Payment of Principal Money or Interest secured by Mortgage or Charge

(O.58, r.2)

It is ordered that the claimant recover against the defendant N………………. secured by a
mortgage (or charge) dated the …………… day of ……………20…………. being the total of the
principal sum of N………………………. and N …… for interest at N ………. per cent, per annum
less tax to the ……day of (date of order) and N……… for costs (or his costs of the summons to be
taxed).

And it is ordered that upon the defendant paying to the claimant the moneys ordered to be recovered
and all other moneys, if any, secured to the claimant by the mortgage (or charge) the claimant
(subject and without prejudice to the due exercise of any power of sale for the time being vested in
him) release to the defendant the security constituted by the mortgage (or charge).

And it is ordered that all parties be at liberty to apply to the court as they may be advised.

FORM 45

Order for Possession of Property forming a security

for payment to the Claimant for any principal
Money or Interest
(O.58, r.2)

It is ordered that the defendant give the claimant possession on or before the ………………… day
of …………………..20 ……………..of the land described and comprised in a mortgage (or charge)
dated the ………………day of ……………… 20……………. that is to say ……………………….
(description of the property).

And it is ordered that the claimant recover against the defendant the sum of N……………for costs
(or his cost of this summons to be taxed).

And it is ordered that on the defendant paying to the claimant the moneys remaining due to the
claimant upon the security of the said mortgage (or charge) the claimant (subject and without
prejudice to the exercise of any power of sale for the time being vested in him) re-deliver to the
defendant possession of the property subject to the said mortgage (or charge) and release to the
defendant the security constituted by it.

And it is ordered that all parties be at liberty to apply to the court as they may be advised.

191
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 46

Order for payment of Principal Money or Interest

Secured by Mortgage or Charge and for
Possession of Property
(O.58, r.2)

It is ordered that the claimant recover against the defendant N…………..secured by a mortgage (or
charge) dated the ………….day of …………………..20 …………………..being the total of the
principal sum of N ……………………..and N…………….for interest at N……………. per cent
per annum less tax to the …………………….day of (date of order), and
N…………………………for costs (or his costs of this summons to be taxed).

And it is ordered that the defendant do give the claimant possession on or before the
………………day of …………………20 …………………of the land described and comprised in
the mortgage (or charge) that is to say……………… (description of the property).

And it is ordered that the defendant paying to the claimant the moneys hereby ordered to be
recovered and all other moneys, if any secured to the claimant by the mortgage (or charge) the
claimant (subject and without prejudice to the due exercise of any power of sale for the time being
vested in him) re-deliver to the defendant possession of the property subject to the mortgage (or
charge) and release to the defendant the security constituted by the mortgage (or charge).

And it is ordered that all parties be at liberty to apply to the court as they may be advised.

192
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 47

Originating Summons for Possession

(O.60, r.2)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the………………………………………………………………….…………..…. Judicial Division

Suit No………………

between

A.B……………………………………………………………………….……………………………Claimant(s)

and

C.D., E.F. and G.H…………………………………….………………………………...Defendant(s)

(if any) whose name is known to the Claimant

To (C.D. and) every (other) person in occupation of ……………………….

………………………………………………………………………………………………….. let all
persons concerned attend before …………………………………. at the High Court of the Federal
Capital Territory in the …………………………………………………. Judicial Division on
…..……………… The ……………………………………….. day of ……………………. 20
……………….. at ………………. 9 O’clock in the forenoon for the hearing of an application by
AB for an order to recover possession of …………………….on the ground that he is entitled to
possession and that the person(s) in occupation is (are) in occupation without his licence or consent.

Dated this ………………………….day of …………………………………..…………20…………

This summons was taken out by ……………….of …………………………………………… legal

practitioner for the claimant whose address is ………………………… (or This summons was taken
out by ……………………………………………………………………………………………….. of
……………………….. for ………………………………………….…………………………… of
…………………………………………. legal practitioner for the claimant whose address is
…………………………………………………………..) (or when the claimant acts in person).

This summons was taken out by the claimant who resides at …………………………. and is (state
occupation) and (if the claimant does not reside within the jurisdiction) whose address for service
is………………………………………………………………………………………………………...

193
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Note:
Any person occupying the premises who is not named as defendant by this summons may apply to
the court personally or by legal practitioner to be joined as defendant. If a person occupying the
premises does not attend personally or by legal practitioner at the time and place above-mentioned,
such order will be made as the court may think just and expedient.

194
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 48

Order for Possession

(O.60, r.6(1))
(Heading as in Form 1)

On hearing……………………………………………………………….and reading the affidavit of

…………………………………………………………………………………………………………

Filed on the ………day of ………..……..20………………..it is ordered that the Claimant AB.

recover possession of the land described in the Originating Summons as ……………………….….
(and the defendant ………………………….. give possession of the land on
…………………………) (and that the defendant ………………. pay the claimant
N…………………costs (or costs to be taxed). (The above costs have been taxed and allowed at
N………………………. as appears by a taxing Officer’s certificate dated the
………….…………………day of ……………………20……………)

Dated the ………………………..day of ………………..20……………….

………………………….
Judge

195
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 49

Surety’s Guarantee
(O.64, r. 44(3))

In the High Court of the Federal Capital Territory Probate Registry

Suit No…………
In the Estate of ……………………………………………………………………… deceased.
Whereas ……………………………. of …………………………………………. died on the
…………………..day of……………………………………………………… 20 ………….. and
………………………………(and……………………………….) ( called “The Administrators”
is/are the intended administrator(s) of his estate.
Now therefore –

1. I/We……………………………………………of…………………
(and…………………………………………….of………………… jointly and severally
guarantee that I/We will, when lawfully required, make good any loss which any person
interested in the administration of the estate of the deceased may suffer in consequence of the
breach by the administrator(s) of his/her/their duty:

(a) To collect and get in the estate of the deceased and administer it according to law

(b) When required by the court to exhibit on oath in the Court a full inventory of the
estate and when so required, to render an account of the estate; or

(c) When required by the Court, to deliver up the grant to the Court.

2. The giving of time to the administrator(s) or any other forbearance or indulgence shall not in
any way affect my/our liability under this guarantee.

3. The liability under this guarantee shall continue and be for the whole amount of the loss
mentioned in paragraph 1 above, but the (aggregate) total liability shall not in any event
exceed the sum of N…………………………………………………….…………………….

Dated this………………….day of……………………….……………….. ………..20………...……

Signed, sealed and delivered by the above named in the presence of …………………..a
Commissioner for Oaths. (or any person authorized by law to administer an oath).

(The Common seal of ………………….was affixed in the presence of

…………………………………………)

196
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 50

Surety’s Guarantee on Application for resealing

(O.64, r. 45(3)(c))

In the High Court of the Federal Capital Territory

Probate Registry
Suit No………………….
In the Estate of……………………………………………………deceased.
Whereas……………………….of………………………………………….died on the
………..………………..day of…………..………….20…………and letters of administration of his
estate were on the ……………………day of……………………………20………..granted by
the…………………. to…………………………….(and ………………….…………………)and are
about to be sealed in the Federal Capital Territory, Abuja under the Succession Law;

Now, therefore

1. I/We………………………………………….of……………………………. (and
………………………………………………of…………………………………… jointly and
severally guarantee that I/We will, when lawfully required to, make good any loss which any
person interested in the administration of the estate of the deceased may suffer in
consequence of the breach by the administrator(s) of his/her/their duty –

(a) to collect and get in the estate of the deceased and administer it according to law

(b) when required to by the Court to exhibit on oath in the Court a full inventory of
the estate and when so required, to render an account of the estate; or

2. Time to be given to the administrator(s) or any other forbearance or indulgence shall not in
any way affect my/our liability under this guarantee.

3. The liability under this guarantee shall continue be for the whole amount of the loss
mentioned in paragraph 1 above, but the (aggregate) total liability shall not in any event
exceed the sum of N……………………………………………….

Dated this………………………………………day of ……………………20…………

Signed, sealed and delivered by the above named in the presence of …………………..a
Commissioner for Oaths. (or any person authorized by law to administer an oath).

(The Common seal of ………………….was hereunto affixed in the presence of

…………………………………………)

197
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 51

Notice to Prohibit Grant

(O.64,r.47(2)

IN THE MATTER OF………………………………………………………DECEASED

LET NOTHING be done in the matter of the Estate of ……………………deceased, who died on the
…………………………….. day of …………………. 20 ……………… at
…………………………………….. and had at the time of this death his fixed place of abode at
…………………………… …………………………………within the jurisdiction of this court,
without warning being given to ……………………………of………………………………..

Dated this……………………………………day of…………………20……………….

………………………………..
Signature

FORM 52

Caveat (by legal practitioner)

(O.64,r. 47(3)

In the High Court of the Federal Capital Territory

Probate Registry
Suit No…………………

Let no grant be sealed in the Estate of ………………………………………… Deceased

of……………….who died on the………….day of……………..20………… without notice
to………………………………………………………………………….

Dated this ………………………………day of…………………………20……………

(Signed)…………………………………..Legal practitioner for the said caveator whose address for
service is……………………………………………

198
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 53

Warning to Caveator
(O.64,r.47(7))

In the High Court of the Federal Capital Territory

Probate Registry

Suit No…………………
To……………………………………………………………………………………………of
…………………………………………………………………………..a party who has entered a
caveat in the estate of……………………………….…….deceased

You are warned within 8 days after service on you, inclusive of the day of such service :

1. to enter an appearance either in person or by your legal practitioner at the Probate

Registry………………………setting forth what interest you have in the estate of the
above named ………. Deceased of …………………, contrary to that of the party at
whose instance this warning is issued; or

2. if you have no contrary interest but wish to show cause against the sealing of a grant to
such party to issue and serve a summons for direction by the registrar.

And take notice that in default of your doing the Court may proceed to issue a grant of
probate or administration in the estate not withstanding your caveat.

Dated this…………….day of……………………20…………

……………………………
Registrar

Issued at the instance of (Here set out the name and interest including the date of the will, if any,
under which the interest arose) the party warning, the name of his legal practitioner and the address
for service. If the party warning is acting in person, this must be stated.

199
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 54

PROBATE
Appearance to warning/Citation
(0.64, r. 47(9))

In the High Court of the Federal Capital Territory

The Probate Registry

Caveat No ………………………dated the …………. day of …………………….……. 20………..

Full name and address of person warning (or citor): ……………………………………..…………..
………………………………………………….. Interest of person warning (or Citor): ……………
………………………………………………………………………………………………………….
Date of Will…………………………………………………………………………………………….

Interest of Caveator…………………………………..………………………………………………..

Enter an appearance for the above named caveator (or person cited) in this matter.

Dated this ………………………………day of…………………………………20………………..

………………………………………………..
Legal practitioner or (“In Person”)

200
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 55

PROBATE
Notice of Election to redeem Life Interest
(O.64, r. 68(1))

In the High Court of the Federal Capital Territory

Probate Registry
Suit No………………
In the Estate of ……………………………………………………………………….………deceased.
Whereas …………………………………….of…………………………..………died on the
………….. day of ……………………………….. 20 ……………………… wholly or partially
intestate leaving his/her lawful wife/husband and …………..……….. lawful issue of the said
………………………………………………………………………………………….………………

And Probate/Letters of Administration of the Estate of

……….…………………………………………………..………were granted to me,
…………………………………(and to………of…………………………)

And ……………………………has ceased to be a personal representative

because………………………………. and I am now the sole personal representative:

Now, I, ……………………………………………………….…….. give notice that I elect to redeem

the life interest to which I am entitled in the estate of the……………………late………………by
retaining N………………………………………..it capital value, and N……………………… the
cost of the transaction.

Dated this……………………………day of………………………..20………………..

(Signed)……………………
(To the Probate Registrar)

201
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 56

Default of Appearance And Defence in Case Of

Liquidated Demand

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA.

In the Judicial Division ………………………………………..

In the ……………………………………… Judicial Division
Suit No. ………………….., 20……….
Between
A.B ……………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants
The ………………………… day of ……………………………………, 20……………………..

The defendant (if the defendant resides abroad, add “residing out of jurisdiction” or if service was
substituted and “having been served by substituted service”) not having appeared to the writ of
summons herein (or, not having delivered any defence), it is this day adjudged that the claimant
recover against the said defendant N…………………………… and N………………… cost (or
costs to be taxed).

The above costs have been taxed and allowed at N……………………………… as appears by a
taxing officer’s certificate dated the ……………………… day of ………………………….,
20………

202
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 57

Interlocutory Judgement In Default Where Demand Unliquidated

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B ……………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants
The ………………………… day of ……………………………………, 20……………………..
No appearance having been entered to the writ of summons (or no defence having been delivered
by the defendants) herein, it is this day adjudged that the claimant recover against the defendants
the value of the goods (or damages, or both as the case may be) to be assessed.

203
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 58

Interlocutory And Final Judgement In Default Where Demand Unliquidated

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants
The ………………………… day of ……………………………………, 20……………………..
No appearance having been entered to the writ of summons (or no defence having been delivered
by the defendants) herein, it is this day adjudged that the claimant recover against the defendants
the value of the goods (or damages, or both as the case may be) to be assessed.

The amount found due to the claimant under this judgement having been certified at the sum of
N…………………….. as appears by the Chief Registrar’s or Registrar’s finding the ……………
……………………….. day of ………………………………………….., 20……………………

204
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 59

Default Judgement In Detinue

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B ……………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants
The ………………………… day of ……………………………………, 20……………………..

The defendants not having appeared to the writ of summons herein (or not having delivered any
defence), it is this day adjudged that the claimant do have a return of the chattels in the writ of
summons (or statement of claim) mentioned and described as (description of chattels) or recover
against the defendants their value to be assessed and damages for their detention to be also
assessed.

The value of the …………………… having been assessed at the sum of N…………….. and the
damages at the sum of N………….. as appears by the Chief Registrar’s or Registrar’s finding on
the ………………….. day of ………………………………, 20………………….

It is adjudged that the claimant recover from the defendants the sum of N……………… and costs
to be taxed.

The above costs have been taxed, etc. (as in Form 56, Supra).

205
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 60

Judgment In Default of Appearance In Action For Recovery of Land, Damages And Costs

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B ……………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

No appearance having been entered to the writ of summons herein, it is this day adjudged that the
claimant recover possession of the land in the endorsement on the writ described as ………………
…………………………………………………………………………………………………….

And it is further adjudged that the claimant recover against the defendants damages to be assessed.

The amount found due to the claimant under this judgement having been certified at the sum of
N…………………….. as appears by the Chief Registrar’s or Registrar’s finding the ……………
……………………….. day of ………………………………………….., 20……………………

It is adjudged that the claimant recover against the defendants the sum of N……………… and
costs to be taxed.

The above costs have been taxed, etc. (as in Form 56, Supra). (Additional form in official use; the
use of this form is entirely optional).

206
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 61

Judgment for Recovery Of Land Only

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The ………………………… day of ……………………………………, 20……………………..

No appearance having been entered (or no defence having been delivered) herein, it is this day
adjudged that the claimant recover possession of the land in the writ of summons (or statement of
claim) mentioned and described as (describe the property).

Note
No costs in default of appearance. Costs to be taxed in default of defence.

207
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 62

Final Judgment After Assessment of Damages

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The ………………………… day of ……………………………………, 20……………………..

The claimant having on the ……………………………… day of …………………….,

20……….
obtained interlocutory judgment herein against the defendants for damages (or as may be) to be
assessed and the amount found due to the claimant having been certified at N………………… as
appears by (Official Reference’s Certificate or) the Chief Registrar’s or Registrar’s finding under
order or as the case may be filed the …………… day of ………………………….., 20……….

Therefore it is adjudged that the claimant recover against the defendants N………………….. and
costs to be taxed.

The above costs have been taxed, etc.

Note
This form is used where forms 58, 59, 60 and 65 are not applicable, at the option of the claimant.

208
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 63

Judgment After Appearance And Order

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The ………………………… day of ……………………………………, 20……………………..

The defendants having appeared to the writ of summons herein and the claimant having by the
order of ……………………………………………………………….. dated the ………………
day of ……………………………….., 20…………………. obtained leave to sign judgement
under Section 159 of the High Court Act (or …………… of …………); It is this day adjudged
that the claimant recover against the defendants N………………………… or possession of the
land in the endorsement on the writ described as …………………………… and N costs (or, costs
to be taxed).

The above costs have been taxed and allowed at N……………………………. as appears by the
Chief Registrar’s or Registrar’s Certificate dated the ……… day of ………………..….., 20…..

Note:
Unless otherwise ordered, the judgement is dated as of the day on which the order is made.

209
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 64

Judgment For Unliquidated Demand

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The defendants having appeared to the writ of summons herein and the claimant having by the
order of …………………………..….. dated the ……………… day of ………………………..,
20………. obtained leave to sign judgement under (…………………………) ……………… of
………………….. for …………………….

It is this day adjudged that the claimant recover against the defendants (damages or as the case may
be) to be assessed.

The amount found due to the claimant under this judgement having been certified at the sum of
N………………………. as appears by Official Referee’s Certificate or the Chief Registrar’s
finding dated …………………… filed the ………….. day of …………………., 20………

It is adjudged that the claimant recover from the defendants the sum of N……………… and costs
to be taxed.

The above costs have been taxed and allowed at N……………………………. as appears by the
Chief Registrar’s or Registrar’s Certificate dated the ……… day of ………………..….., 20…..
(Additional form in official use)

210
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 65

Judgment After Trial Before Chief Registrar Or Referee

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ………………… of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The matter of (state matter referred) action having by an order dated the ………………… day of
…………………………, 20………… been referred for trial to (name of Chief Registrar or
Official referee) and the said having by his (Certificate or Report) dated the ……………... day of
……………………., 20………… directed the judgement be entered for (state substance of
certificate or report).

It is this day adjudged that N…………………… and costs to be taxed be recovered by the ………
………….. against ………………………

The above costs have been taxed and allowed at N……………………………. as appears by the
Chief Registrar’s Certificate dated the ……… day of ………………..….., 20…..

211
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 66

Judgment After Trial Of Questions Of Account By Referee

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The ………………………… day of ……………………………………, 20……………………..

The questions of account in this action having been referred to ……………………….. and he
having found that there is due from the …………………………. to the …………………… sum
of N………………………. and directed that the ………………………. do pay the costs of the
reference;

It is this day adjudged that the …………………… recover against the said ………………………
N…………………… and costs to be taxed.

The above costs have been taxed and allowed at N……………………………. as appears by the
Chief Registrar’s Certificate dated the ……… day of ………………..….., 20…..

212
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 67

Judgment Upon Motion For Judgment

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

Dated and entered the ……………… day of ……………….…………… (date of Order of Court)

This action on the ………………. day of ……………………………….., 20…………. come

before the Court on motion for judgement on behalf of the (party moving the court) and the Court
after hearing the legal practitioner for the (claimant and defendants, as the case may be) having
ordered that (recite direction for judgement).

It is this day adjudged that the …………………… recover against the said ………………………
N…………………… and costs to be taxed.

The above costs have been taxed and allowed at N……………………………. as appears by the
Chief Registrar’s or Registrar’s Certificate dated the ……… day of ………………..….., 20…..

213
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 68

Judgment For Dismissal

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

Dated and entered the ……………… day of ………………….………….……………, 20………

The action having on the …………………….. day of ……………………….., 20………. been

called on for hearing before ……………………………………. and the claimant having failed to
appear and the defendants having thereupon become entitled under Order ……………….. to
judgement dismissing the action and the said ……………….. having ordered that judgement be
entered accordingly.

Therefore it is adjudged that the defendants recover against the claimant their costs to be taxed.

The above costs have been taxed, etc.

214
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 69

Judgment For Defendant’s Cost On Discontinuance

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The ……………….. day of …………………………… 20…………………

The defendants in their statement of defence herein alleged a ground of defence which arose after
the commencement of this action and the claimant having on the ……….. day of ……………….,
20……… delivered a confession of that defence;

It is this day adjudged that the defendant recover against the claimant costs to be taxed.

The above costs have been taxed and allowed at N………………………. as appears by the
Taxing Officer’s Certificate dated the …………………… day of …………………, 20……..

215
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 70

Judgment For Claimant’s Cost After Confession Of Defence

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The ……………….. day of …………………………… 20…………………

The defendants in their statement of defence herein alleged a ground of defence which arose after
the commencement of this action and the claimant having the ……. day of ……………., 20……
delivered a confession of that defence;

It is this day adjudged that the claimant recover against the defendants costs to be taxed.

The above costs have been taxed and allowed at N………………………. as appears by the
Taxing Officer’s Certificate dated the …………………… day of …………………, 20……..

216
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 71

Judgment For Cost After Acceptance Of Money Paid Into Court

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

The ……………….. day of …………………………… 20…………………

The defendants having paid into court in this action the sum of N………………… in satisfaction
of the claimant’s claim and the claimant having by his notice dated the ………… day of ……..
…………….., 20 ……… accepted that sum in satisfaction of his entire cause of action and the
claimant’s costs herein having been taxed and the defendants not having paid the same within
forty-eight hours after the said taxation; It is this day adjudged that the claimant recover against the
defendants costs to be taxed.

The above costs have been taxed and allowed at N………………………. as appears by the
Taxing Officer’s Certificate dated the …………………… day of …………………, 20……..

217
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 72

Judgment On Motion After Trial Of Issue

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

Suit No. ……………………, of 20……………

Between
A.B …………………………………………………………………………………….. Claimant
and
C.D and E.F …………………………………………………………………………… Defendants

Dated and entered the ……………….. day of …………………………… 20…………………

The issues or questions of fact arising in this action (or cause or matter) by the order dated the …...
……………….. day of ………………… ordered to be tried before ……………………………
having on the ……………….. day of …………………….., 20………. been tried before ………
and the …………………………………… having found ……………………………… now on
motion before the court for judgement on behalf of the …………………………… the court
having ……………………………………………………………………………………………...

It is this day adjudged that the ………………………… recover against the …………………. the
sum of N………………………………… and costs to be taxed.

The above costs have been taxed and allowed at N………………………. as appears by the
Taxing Officer’s Certificate dated the …………………… day of …………………, 20……..

218
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 73

Legitimation Petition

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the matter of the Legitimacy Act (Cap.519)

And
In the matter of A.B. of ………………………

(State name, address and description of the person whose legitimacy the Court is asked to declare).

The petition of the above-named A.B. shows as follows:

1. Your petitioner resides at ...........................................................................................................................

2. Your petitioner is of the .......................... sex, and was born on the .................... day of ......................
.................................., 20.................... at ............................................................................................

The birth of your petitioner is recorded by an entry numbered ………………………………. made

on the ……………… day of ……………………………………, 20…………….. in the
registration of births for, etc. (or as the case may be).

3. Your petitioner is the natural child of C.D of ............................................................................. by E.F. of

..............................................................................................................................................................................
4. At the date of the birth of your petitioner the said E.F. was residing at ..........................................................
and domiciled in .................................................................................................................................................
5. The said C.D. and E.F. were lawfully married to one another on the ................................ day of ..................
..................................., 20.............. at ..................................................................................................................
The said C.D. and E.F. have had issue(s) ........................................... children and no more, namely;
(State names and dates of birth of such issue(s))
6. At the date of the marriage the said C.D was a spinster (or widow as the case may be) and was residing at
................................ and was domiciled in ..................................................................................................
7. The following persons are affected by the legitimation as aforesaid in your petition:
8. The value of the property involved by the legitimation of your petition so far as is known to your
petitioner is N....................................................................................................................................................
9. Your petitioner is not acting in collusion with or with the connivance of any person for the purpose of
obtaining a decree and declaration of legitimacy contrary to the justice of the case.

219
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

10. No previous proceeding under the Legitimacy Act or otherwise with reference to the paternity of your
petitioner or the validity of the marriage of the said C.D. and E.F. have been taken in any court.

11. Your petitioner undertakes to pay the costs of the respondents to this petition if the court so directs.

(Where the petitioner is an infant or person of unsound mind this paragraph should be struck out and
the undertaking of the next friend should be lodged with the petition).
Your petitioner therefore prays:
That it may be decreed and declared that the said C.D. and E.F. were lawfully married at …………..
on the ………………………… day of ………………………………………….., 20……………
And that by such marriage your petitioner became legitimated as from the date of the said marriage
(or as from the date of the commencement of the Legitimacy Act (Cap.103 of 1958 Edition) for the
purposes of the Legitimacy Act.

That the costs of the respondents to this petition may be taxed or otherwise ascertained.

Dated the ……………………. day of ………………………….., 20………………

Note:
It is intended to deliver a copy of this petition to the Attorney-General of the Federation and to serve
this petition on ……………………………………………………….
(See back)
NOTICE
(To be endorsed on the petition)

TAKE NOTICE that the within petition will be transferred from the General Cause List to the
Hearing Paper for ……………….. the ……………………….. day of ……………………….
………………, 20…………., at………… o’clock in the forenoon at …………………….. and will
come on to be heard on that day if the business of the court permits or otherwise on some adjourned
day of which you will receive no further notice.

If any party desires to postpone the hearing he must apply to the court as soon as possible for that
purpose and if the application is based on any matter or fact, he must be prepared to give proof of
such fact.

If you desire to make answer to the within petition you must file your answer in the above court
within twenty-eight days after service of the petition upon you.

220
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

If your answer contains matter other than a simple denial of the facts stated in the petition, the
answer must be accompanied by an affidavit made by you verifying such other matter as you have
personal knowledge of and deposing to your belief in the truth of the rest such other matter.

You must file with your answer as many copies of the answer and the affidavit (if any) as there are
other parties to the petition and also two copies for the use of the court.

……………………………….
Registrar

221
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 74

Legitimacy Act Affidavit

(Heading as in form 1)
I, ………………………………. of ……………………………. the petitioner (or the next friend of
the petitioner) in the above matter, make oath and say as follows:
1. That the statement contained in paragraphs .............................................. of the petition dated the
............................. day of ....................................................., 20................... are true.
2. That the statements contained in paragraphs ............................................ of my said petition are true
to the best of my knowledge, information and belief.

Sworn, etc.

………………………………………………………………………..
Jurat

FORM 75

Legitimacy Act Undertaking By Next Friend

(Heading as in form 1)
(Undertaking by Next Friend of Infant to be Responsible for Respondents’ Costs)
I, the undersigned G.H. of …………………………………… being the next friend of A.B.
………………………………….. who is an infant and who is desirous of filing a petition in this
court under the Legitimacy Act (Cap. 519) hereby undertake to be responsible for the costs of the
respondents to such petition in the manner of following.

Namely, if the said A.B., fail to pay the respondents or to any of them when and in such manner as
the court shall order all such costs as the court shall direct him to pay to the respondents I will
forthwith pay the same.

Dated the ………………. day of …………………………….., 20…………….

……………………………………………….
Legal Practitioner for the Petitioner

222
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 76

Legitimacy Act Undertaking For Costs

As legal practitioner for the above-named petitioner, I hereby undertake to be personally

responsible for any cost which the said petitioner may be ordered to pay to the respondents in this
matter or any of them.

Dated the ………………. day of …………………………….., 20…………….

……………………………………………….
Legal Practitioner for the Petitioner

FORM 77

Legitimacy Act Notice To Attorney-General Of The

Federation

TAKE NOTICE that the petition in the above matter will be transferred from the General Cause List
to the Hearing Paper for ……………….. the ……………………….. day of …………………….
………………, 20…………., at………… o’clock in the forenoon at …………………….. and will
come on to be heard on that day if the business of the court permits or otherwise on some adjourned
day of which you will receive no further notice.

………………………………..
Registrar

223
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 78

Legitimacy Act Answer To Petition

The respondent L.M. by P.Q. his legal practitioner (or in person) in answer to the petition filed in the
above matter, says:

1. That the petitioner is not the natural child of E.F. as alleged in the petition (or as may be);
2. ..........................................................................................................................................................
Wherefore this respondent humbly prays that the prayer of the petitioner may be rejected;

Dated the .............................. day of ................................................, 20.........................

224
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 79

Legitimacy Act Decree

(L.S)
Judge
Upon reading the petition of A.B. of ………………………… presented to this court in the
above matter and upon reading the affidavit(s) of ……………………………………….. and the
several exhibits thereto.

And after hearing …………………………………………………………………………..

And the court being satisfied that the allegations contained in the said petition are true and
that a copy of the said petition was duly delivered to the Attorney-General of the Federation and that
all proper persons have been served with the said petition;

IT IS DECREED AND DECLARED THAT C.D. of …………………………… and E.F.

of ……………..... in the said petition mentioned were lawfully married at ……………………. on
the ………………………… day of ……………………………., 20………… And that by such
marriage the said A.B. was legitimated for the purposes of the Legitimacy Act (Cap. 519) as from
the …………………… day of ……………., 20………….. (being the date of commencement of
the said marriage) (or as from the 17th day of October, 1929 being the date of commencement of the
said Act).

AND IT IS ORDERED that the said AB. do pay to the respondents the costs of the said
respondents to the said petition respectively as follows …………………………………………
…………………………………………………………………………………………………..

Dated the .............................. day of ................................................, 20.........................

225
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 80

Receipt to Be Given By Bailiff

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………….. Judicial Division/ Magisterial District

Receipt No. …………………………

No. of Suit or Plaint ……………………………………… of ………………………….., 20…….

Date of writ (or order) (or warrant) ………………………………………………………………...

between ……………………………………………………………………………… Claimant

and ……………………………………………………………………………………. Defendant

Received from …………………………. of ………………………………………………………

N……………………. (……………………….) being …………………………………………..

………………………
Bailiff
Date ……………………………….., 20………………………….

226
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 81

Return of Process In Possession Of Bailiff

Return of all Writs, Orders and Warrants in possession of Bailiff ………………...............................

during month ending ………………………………………………………….., 20………………

No. of suit or Name of Name of Date when Nature of From what Amount of Statement as
plaint claimant Defendant process process Court process to what has
received received been done
under
process

………………………
Bailiff

I HEREBY CERTIFY that I have examined this return in accordance with the Act.

….………………………...
(Sheriff or Deputy Sheriff)
Date …………………………

227
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 82

Return of Cash Received By Bailiff

DURING THE MONTH …………………………………………………….., 20………………

No. of suit or Name of Name of Date when Amount of When When paid Remarks
plaint claimant Defendant process process amount to Sheriff
received received

………………………
Bailiff

I HEREBY CERTIFY that I have examined this return in accordance with the Act.

….………………………...
(Sheriff or Deputy Sheriff)
Date …………………………

228
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 83

Sheriff’s Receipts for Writ

Received from ………………………………….. on the ……………………………………… day of ………………, 20…………..
at ………… o’clock in the ……………. Noon, a writ ………………….. dated the ………………… day of …………………
20…….. issued in the High /Magistrate Court of the …………………………………… Judicial Division/Magisterial District in suit (or
plaint) No. ………………………….. of ………………………………, 20……………….. between ……………………… Claimant and
………………………… Defendant.

……………………..
Sheriff
FORM 84

Sheriff’s Register of Process

No. Suit Claimant Defendant Court issuing Nature of writ Date sent Date returned Gross Amount Amount of Balance paid Date No. Of
to Bailiff by Bailiff realized expenses into Court paid Court Remark
into receipt
N K N K N K Court

229
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 85

Summons for Neglect to Levy Execution

In the High/Magistrate Court of the ……………………………. Judicial Division/Magisterial

District of …………………………………………. to ……………………………….. of ………
………………….. bailiff.

You are hereby summoned to appear at a court to be held at ……………………………………..

on the ………………………… day of ……………………………., 20………….. at the hour of
……………………………… in the ………………. noon, to answer a complaint made against you
by ……………… of …………………….. that you, being employed to execute a process against
………………………. (specify property and owner or the judgement debtor as the case may be)
did, by neglect, connivance or omission, lose the opportunity of executing the process and to show
cause why an order should not be made against you under the Sheriff and Civil Process Act (Cap.
551 for payment of such damages as it shall appear that the said ………………………. has
sustained by your neglect, connivance or omission.

Dated this …………………………………… day of …………………………………, 20………

………………………………….
Judge (or Magistrate)

230
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 86

General Form of Commencement of Process in

Transferred Proceedings

(General Title-Form 1)

Upon transfer from the

High/Magistrate’s Court of the No. of suit (or plaint)
………………. Judicial/Division No. of judgement
Magisterial District (add for each Summons ………………
previous transfer, and upon transfer, etc., as above)

(Continue in the appropriate form, commencing with the first recital, in which the Court where the
judgement was given should be named).

231
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 87

Order Suspending or Staying Judgment or Process or for Discharge of Debtor

(General Title-Form 1)
On the application of …………………….. and the court being satisfied that the defendant ………
…………… is unable to pay and discharge the sum recovered against him in this (of the instalments
due under the judgement (or order in this) action (or the defendant …………………….. having
furnished security (or shown cause why he should not furnish security) (or the claimant having been
non-suited) (or the above action having been struck out) (or the court being satisfied that the interim
attachment herein should be lifted) or the defendant ………………….. having satisfied the sum
upon payment of which he may be discharged by order of the court (or having obeyed) (or being
unable to obey) ( or being desirous of obeying and having given security to obey) the order in this
action);

It is ordered that the judgement (or order) in this action be suspended against the said defendant (or
that the interim) execution issued in this action (or on the judgement summons in this action) be
suspended) (or that the order (and warrant) or commitment made (and issued) in this action be
suspended, for (state time) upon the terms following, namely;
(state terms) …………………… (or that the defendant be discharged (or liberated) from custody
under the order (or warrant) of commitment issued in this action (after he has been imprisoned
thereunder) for ………………….. from the date of this order unless he shall sooner pay a fine of
…………………………(upon the terms following, namely - state terms, including, if so ordered,
liability to re-arrest if the terms are not complied with).

Dated this …………………………………… day of …………………………………, 20………

………………………………….
Judge (or Magistrate)

232
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 88

Registrar’s Process Book

High/Magistrate’s Court of the Federal Capital Territory, Abuja/Magisterial District

No. of suit or Claimant Defendant Nature of Issued Issued Date Time hours a.m Registrar’s
plaint writ for against minutes p.m signature

233
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 89

Writ of Attachment And Sale Against Immovable

Property

(General Title-Form 1)

(Recitals-Form 2)

Whereas no movable property of the defendant (or claimant) can with reasonable diligence be found
sufficient to satisfy the said judgement (or Order):

And whereas upon application of the claimant (or defendant) it was on the …………….. day of
……………………………….., 20……………… ordered that writ of attachment and sale should
issue against the immovable property of the defendant (or claimant) for the sum of N………………
(being part of the sum of N………………………. (judgement debt, part thereof ordered to be
levied, or claimant’s costs or as the case may be) remaining unpaid:

These are therefore to require and order you forthwith to make and levy the said sum of N………….
together with the costs of this writ and the costs of executing it, by entering upon and attaching the
immovable property of the defendant (or claimant) wheresoever it may be found within the Federal
Capital Territory, Abuja and by selling it and to bring what you shall have so levied into court and to
make return of what you have done under this writ immediately upon the execution thereof:

Notice - The immovable property is not to be sold until after the end of fourteen days next following
the day on which the attachment has been made.

If the defendant (or claimant) is a citizen and the property attached is his right title or interest in
building owned or occupied by him and he is not entitled under customary law to alienate the
building or his right of occupation therein but is entitled to remove the materials used in construction
thereof or some of the, then his right title or interest in such building shall not be sold without the
leave of the court.

…………………………
Registrar

234
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 90

Notice To Registrar Of Foreign Court Of Payment Under Warrant Or Order Of

Commitment Sent To Him

(General Title-Form 1)

Take notice that the defendant has this day paid to the claimant (or into court) N…………………...
for which sum credit should be given on the warrant (or order) of commitment (or of arrest and
detention) which has been sent to you for execution.

FORM 91

Public Notice of Attachment of Land

(General Title-Form 1)

Notice- The land (or this house, or as the case may be) is hereby attached to secure enforcement
against the defendant ……………………… of the judgement of the court in the above action and
(or house) by purchase, gift or otherwise.

Dated this ………………….. day of …………………………………., 20………………..

…………………………
Sheriff

235
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 92
Notice of Attachment
(General Title-Form 1)
To the defendant
Take notice that a writ has been issued for the attachment and sale of your goods (or land or house,
or as the case may be) in execution of the judgement (or order) obtained against you in this action
(or matter) and the amount for which it has been issued is stated below.

And take notice that your land (or house, as the case may be) is hereby attached and you are
prohibited from selling it or any right, title or interest therein.

If you pay to the Bailiff the total amount to be levied, as stated below, within an hour after the
service of this notice, you will incur no further fees or expenses.

Thereafter you may be liable to pay the Sheriff a fee of two hundred naira daily for keeping
possession of the property and also the reasonable expenses, if any, of feeding animals, until the
amount to be levied together with the amount of such fees and expenses is paid or the property is
sold.

If at any time before the sale of the property you pay to the Registrar or Bailiff (a) the amount to be
levied and (b) the fees and expenses, if any incurred after attachment, this execution will be
superseded and your property will be released.

If you do not pay the amount to be levied and any fees and expenses subsequently incurred, the
property will be sold and any amount that remains unpaid, together with cost of sale, will be
deducted from the proceeds and the balance, if any will be paid to you.

Your goods (or land, house, as the case may be) will not be sold until after the end of five (or
fourteen) days next following the day on which they were (or it was) attached unless they are of a
perishable nature or you request it.
N K
Amount for which the writ has been issued …………………………….
Fees on issue of the writ ………………………………………………..
Total amount to be levied, exclusive of fees and
expenses incurred after attachment …………………………………….
Dated this ………………….. day of …………………………………., 20………………..

…………………………
Registrar
236
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 93

Notice of Claim to Attached Property

(General Title-Form 1)

Take notice that ……………………………. of …………………….. has claimed the goods (or
house) (or land) (or certain goods) (specify the same) (or rent distrainable upon the goods) attached
by the sheriff under the writ of execution issued in this action. If within ………. days after receiving
this notice you give notice to me that you admit the title of the said ………………….. to the said
goods (or house) (or land) or request the sheriff to remove the attachment, you will not be liable for
any cost incurred after the receipt by me or the Sheriff of your notice.

Dated this ………………….. day of …………………………………., 20………………..

…………………………
Registrar

To the claimant ………………………….

Take notice that I admit the title of ………………………………….. of the goods attached by the
Sheriff (or I request you to remove the attachment) under the execution issued in this action.
Dated this ………………….. day of …………………………………., 20………………..

…………………………
Judgement Creditor

To the Registrar
(or to the Sheriff)

237
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 94

Notice to Claimant to An Attached Property to Make Deposit or Give Security

(General Title-Form 1)

Whereas you have claimed the goods (or house) (or land) (or certain goods) specify the same
attached in execution by the Sheriff under the writ of execution issued in this action.

Take notice that you are hereby required, in accordance with Section 33 of the Sheriffs and Civil
Process Act (Cap. 551) either …………………..

(a) To deposit with the Sheriff the amount of the value of the goods (or house) (or land) so
claimed by you, such value to be fixed by appraisemment in case of dispute, to be paid into
court to abide the decision of the court upon your claim; or
(b) To deposit with the Sheriff the cost of keeping possession of such goods (or house) (or land)
until such decision can be obtained; or
(c) To give to the Sheriff security by bond for the value of goods (or house) (or land) so claimed
by you.

And further take notice that in default of your making deposit or giving security the goods (or house)
(or land) will be sold as if no such claim had been made by you, and the proceeds paid into court to
abide with the decision of the court.

Dated this ………………….. day of …………………………………., 20………………..

…………………………
Registrar

To the claimant ……………………………..

238
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018
FORM 95

Notice of Application for Private Sale

(General Title-Form 1)

Take notice that this Honourable Court will be moved on the …………………… day of ………….
……………….., 20…… at ……… o’clock in the forenoon, or so soon thereafter as (counsel for)
the above-named claimant can be heard, for an Order for (leave to effect) the sale by private contract
of the movable (or immovable) property of the defendant attached under a writ issued in this action
(or matter) on the ……… day of …………………………….., 20…………. at ………… o’clock
in the ………………. noon whereunder the total amount to be levied is
N…………………………..

Dated this ………………….. day of …………………………………., 20………………..

………..…………………………
Claimant (or Legal Practitioner)

To ……………………………..

FORM 96

Notice to Person In Possession of Sale of Attached Property

(General Title-Form 1)

Take notice that the goods (or house) (or land) (as the case may be) specified on the back hereof,
lately the property of the above-named ………………………….. and now in your possession, have
been sold under a writ of execution in the above action to ……………., and you are hereby
prohibited from delivering possession of the said goods (or house) (or land) (as the case may be) to
any person except the said …………………………………………………………… the purchaser.

Dated this ………………….. day of …………………………………., 20………………..

………..……………
Sheriff

239
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 97

Certificate of Purchase of Land

(General Title-Form 1)

I hereby certify that ……………………………. of ……………………………… has been

declared the purchaser of the right, title, and interest of the above-named …………………………...
……………… in the land, messuages, and tenements hereafter mentioned, that is to say:-

ALL THAT (here describe the land, etc.) ……………… which said land, messuage, and tenements
were sold in execution of a judgement or order in the above action by order of this court dated this
………………….. day of …………………………………., 20………………..

………..……………
Registrar

FORM 98

Writ Of Interim Attachment In Judgment Debtor Proceedings

(General Title-Form 1)

WHEREAS upon adjournment to the …………………….. day of ………………………., 20…….

of the hearing of a judgement summons issued in the above action against the defendant…………...
…………………… an order was made for the interim protection of the property hereinafter
specified and that the said property should be attached forthwith.

These are, therefore, to require and order you forthwith to seize, take into your hands enter upon and
attach the defendant’s property specified on the back of this writ wheresoever it may be found.

240
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 99

Notice of Consequences of Disobedience to Order of Court

(General Title-Form 1)

To…………………………………. of ………………………………………………………….

Take notice that unless you obey the directions contained in this order you will be guilty of the
contempt of court and will be liable to be committed to prison.

Dated this ……………………………… day of …………………………………., 20………..

………..……………
Registrar

FORM 100

Notice to Show Cause Why Order of Committal Should Not Be Made

(General Title-Form 1)

Take notice that the claimant (or defendant) will on ……………………………..day of …………
………………………., 20……….. at the hour of …………………… in the ………….. noon
apply to this court for an order for your committal to prison (for having disobeyed the order of this
court made on the ……………….. day of …………………………….., 20……… enjoining and
restraining you from (here set out the terms of injunction); or for having neglected to obey the order
made on the (here set out the mandatory part of the order).

And further take notice that you are hereby required to attend the court on the first-mentioned day to
show cause why an order for your committal should not be made.

………..……………
Registrar

241
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 101

Certificate That Labour Has Been Ordered For Debtor Prisoner

(Heading as in Form 1)

I hereby certify that the court has directed that the herein-named ………………………………
be employed in work within the prison during (state period) of the term of his imprisonment.

Dated this ………………… day of ………………………………………., 20…………….

………..……………
Registrar

FORM 102

Warrant of Committal of Judgment Debtor In Default of Security

(General Title-Form 1)

To the Sheriff and to the Officer in charge of ……………………………….………………. Prison

WHEREAS upon the adjournment to the ……………… day of …………………………., 20…..

of hearing of a judgement summons issued in the above action against the defendant ……………
……………………., it is today ordered that the said defendant should give security for his
appearance on that day, himself in N………………….. and ……………………….. surety in N
………………….. (each) and in default of finding such security should be committed to prison until
that day, unless he should sooner give such security or pay the sum stated below as that on payment
whereof he is to be discharged.

These are, therefore, to require you, the said sheriff, to take the said defendant and deliver him to the
officer in charge of the prison at ……………………. And you the said officer to receive the said
defendant and keep him safely in the said prison until the day above-mentioned, when you shall
bring him (or deliver him to the sheriff to be brought) before this court at the hour of ……………...
in the …………………………. noon, unless he shall be sooner discharged by due course of law.

242
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Dated this ………………… day of ………………………………………., 20…………….

………..……………………….
Judge (or Magistrate)

N K
Sum on payment of which the debtor is to be
discharged …………………………………………………
(For use when part payment made after issue of warrant …..
Deduct amount paid after issue of warrant ………………….
Balance on payment of which the debtor is to be
discharged …………………………………………………..

………..……………………….
Registrar
Note
A separate warrant must be issued in respect of every defendant required to be arrested.

FORM 103

Warrant of Committal or Remand of Judgment Debtor for Misconduct

(General Title-Form 1)

To the Sheriff and to the Officer in charge of ……………………………………..…………. Prison

(First Recital – Form 17 Sheriffs and Civil Process Act (Cap. 551)

And WHEREAS on the ……………… day of …………………………., 20……. at the hearing of

(or being the return day of) a judgement summons issued in this action against the said defendant
(and duly served upon him) the said defendant refused to be sworn (or to disclose the matters on
which he was examined) (or did not answer to the satisfaction of the court) (or it appeared to the
court that the said defendant refused or willfully neglected to pay on demand the sum of
N………………... payable in pursuance of the said judgement (or order) and had (or had since the
date of judgement or order) sufficient means to pay the said sum) (or that the said defendant, etc.,
reciting any other misconduct of the kind enumerated in Section 66 of the Sheriff’s and Civil

243
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Process Act Cap. 551) (or the said defendant did not attend and did not excuse his non- attendance
to the satisfaction of the court).

AND WHEREAS on the said hearing (or return) day the court made an order calling upon the said
defendant to show cause why he should not be punished for such misconduct or (non-attendance) (or
issued a warrant for the arrest of the said defendant);

AND WHEREAS on the …………… day of ………………………………., 20………… (the

return day of the said order to show cause) the said defendant was brought before the court in
custody (or attended) as directed by the said warrant (or order) and did not show cause why he
should not be punished (or the said defendant failed to attend as directed by the said order and has
not established sufficient reason for not attending) and it was ordered that a warrant should be issued
for the remand (or arrest and commitment) of the said defendant as for a contempt of court of ……..
………………… (Unless he shall sooner pay the sum stated below as that upon payment of which
he is to be discharged);

These are, therefore, to require you, the said Sheriff, forthwith to (arrest the said defendant and)
safely convey and deliver him (or the said defendant) to the Officer in charge of the Prison at ……...
………………… and you the said officer to receive the said defendant and keep him safely in the
said prison for ……………. from the arrest under (or date of) this warrant or until he is sooner
discharged by due course of law.

Dated this ………………..… day of ……………………………….…………., 20……

………..……………………….
Judge (or Magistrate)

N K
Sum in payment of which the defendant has made
default at the time of the issue of the judgement summons ………………
Fees and costs on issue of the judgement summons ………………………
Deduct amount paid since issue judgement summons …………………….
Fees for issue of this warrant ……………………………………………..
Sum of payment of which the debtor may (or is to) be discharged
by the order of the court ………………………………………………....
(For use when part payment made after issue of warrant)
Deduct amount paid since issue of warrant ……………………………….

244
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Balance (if any) on payment of which the debtor may be

(or is to be) discharged by order of the court ……………………………..

………..……………………….
Registrar
Note:
A separate warrant must be issued in respect of every defendant required to be remanded or arrested.

FORM 104

Warrant of Committal for Contempt

(General Title-Form 1)

To the Sheriff and to the officer in charge of ………………………………………………. Prison

WHEREAS by an order of this court dated the …………… day of ……………………., 20…..
(here recite the order).
AND WHEREAS on the …………………. day of …………….. 20……….. (or having been duly
served with the said order), was guilty of a contempt of this court by breach of (or by neglecting to
obey) the said order, that is to say, by (here set out the particular matter of contempt), order that he
be committed for his contempt.

These are, therefore, to require you, the said sheriff, forthwith to arrest the same …………………..
and safely convey and deliver him to the officer in charge of the Prison at ……………….. and you
the said officer to receive the said ………………… and keep him safely in the said Prison until
further order of the court.

Dated this ………………… day of ………………………………………., 20…………….

………..……………………….
Judge (or Magistrate)
(If required, add;)
Note
The costs of the issue and execution of this warrant and of the application for the order grounding it,
were upon the hearing of the application ordered to be paid by the said ……………………………..

………..……………………….
Registrar
245
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 105

Warrant of Arrest And Detention ff Judgment Debtor

(General Title-Form 1)

To the Sheriff and to the Officer in charge of …………………………..……………………. Prison

WHEREAS on the ……………… day of …………………………., 20……. a judgement

summons was issued from this court against the defendant ……………………………. in the above
action returnable on the …………………….. day of ………………………….., 20………...

AND WHEREAS it is necessary to secure or enforce the attendance of the said defendant to answer
the said summons or (it appears to the court that) the said defendant has been guilty of misconduct at
the hearing of the said summons (or in relation to the judgement debt) and he is required to show
cause why he should not be punished for such misconduct unless he shall sooner pay the sum stated
below as that on payment of which he shall be discharged.

These are, therefore, to require you the said Sheriff to arrest the said defendant and bring him before
this court forthwith (or on the ……………….. day of ………………………….., 20…………) (or
at the first convenient opportunity) (or upon the further order of the court) and in the meanwhile to
deliver him to the Officer in charge of the Prison at …………………….. and you, the said Officer,
to receive the said defendant and keep him safely in the said Prison until the ……………. day of
……………………, 20………… (or until the first convenient opportunity when he may be brought
before the court or until the further order of the court), when you shall bring him (or deliver him to
the Sheriff to be brought) before this court at the hour of ……………………… in the ……… noon
unless he shall be sooner discharged by due course of law.

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Judge (or Magistrate)

N K
Sum in payment of which debtor is to be discharged
For use when part payment made after issue of warrant ………………

246
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Deduct amount paid after issue of warrant ……………..……………….

Balance on payment of which the debtor may be
discharged by order of …………………………………………………….

………..……………………….
Registrar
Note:
A separate warrant must be issued in respect of every defendant required to be arrested.

FORM 106

Production Warrant

(General Title-Form 1)

To the Sheriff and to the Officer in charge of ……………………………………………..…. Prison

These are to require you the Officer in charge of the Prison at …………………., to bring the
defendant …………………… now in your custody (or to deliver the defendant ……………. now
in your custody to the Sheriff and you the said Sheriff to bring the said defendant) before this court
on the …………….. day of ……………………………………….., 20……………….. at the hour
of ……………. in the ………. noon, unless he shall be sooner discharged by due course of law and
to have there then the order (or warrant) under which the said defendant was imprisoned.

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Judge (or Magistrate)

247
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 107

Praecipe for Issue of Order or Warrant of Committal (1)

(General Title-Form 1)

Claimant’s names in full ……………………… No. of plaint ……………………

His residence and occupation or No. of suit ……………………...
description ………………………………….. No. of judgement summons ……
………………………………………………. No. of Order of Commitment …
Names of all defendants …………………….. …………………………………
………………………………………………. Subsistence allowance per diem ..
Name of defendant against whom order of …………………..…. to be paid
commitment was made …………………….. before issue of warrant …………
……………………………………………… …………………………………..
NOTE
A separate order of warrant must be issued against every defendant required to be arrested.

His address and occupation or description ………………………………………………………….

I hereby request you to issue ( a warrant for the enforcement of) the order of commitment (or arrest
and detention) made under Section 58, 65, 66, 68 or 72 of the Sheriff’s and Civil Process Act (Cap.
551) against the above-named defendant on the ……………….. day of …………………….., 20..
……
………………………………………….
Judgment Creditor or Legal Practitioner

NOTE

To be filled out by the Registrar if payment has been ordered through the court.
Date of Judgment (or order) Sum in payment of which defendant has
……………………………………… made default at the time of the issue of
Order ……………………………….. the judgement summons.
committed on ………………………. N : K
……………………………, 20……. Fees and costs on issue and hearing
for ………………..………….. days of judgement summons.
Order suspended for ………..……… N : K
on payment of ……………………… Deduct …………………………..
………………………….………….. Fees for issue of Order of warrant
…………………………….………. ………………………………….
248
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 108

Praecipe for Issue of Order or Warrant of Committal (2)

(General Title-Form 1)

NOTE

Subsistence money has been fixed at N…………………. per diem, of which the
sum of N………….. has been paid to me by the judgment creditor.

…………………………….
Registrar

FORM 109

Praecipe for Issue of Order or Warrant of Committal (3)

(General Title-Form 1)

To the Officer in charge of ……………………………………………………....................... Prison.

Take notice that, in accordance with the provision of Section 39 of the Sheriff’s and Civil Process
Act (Cap. 551), this order (or warrant) of commitment has been sent to me and that the debtor, if
arrested within the division (or district) of this Court, is to be conveyed to the above-named Prison
and is to be there kept for the time mentioned in this order (or warrant) unless sooner discharged by
law.

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Registrar

249
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 110

Certificate by Officer in Charge Of Prison on Payment of Judgment Debt

(General Title-Form 1)

I hereby certify that the defendant, who was committed to my custody by virtue of an order of
commitment made by the High/Magistrate’s Court of the Federal Capital Territory,
Abuja/Magisterial District bearing the date the ……………. day of …………………., 20……..
has paid and satisfied the sum of money for the non-payment whereof he was committed, together
with all cost due and payable in respect thereof (and that I have today discharged him out of my
custody).

Dated this ………… day of …………………………………………..…., 20……………….

………..……………………….
Officer-in-charge of Prison

To the Registrar of the High/Magistrate’s Court of the Federal Capital Territory, Abuja/Magisterial
District.

250
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 111

Notice of Part Payment

(General Title-Form 1)

Take notice that the defendant who was committed to your (or my) custody by virtue of an order (or
warrant) issued from the High/Magistrate’s Court of the Federal Capital Territory,
Abuja/Magisterial District bearing the date of the ………………………. day of ………………….
…………, 20……… has paid the sum of N…………………………………… towards satisfaction
of the sum of payment whereof he is to (or may) be discharged (by order of the court) and you are to
deduct (or I have deducted the sum paid from the last-mentioned sum as entered on the said order,
(or warrant) of commitment for non-payment of the balance.

Dated this ………… day of …………………………………………….…..…., 20……………….

………..……………………….
(Registrar)
(or Officer-in-charge of Prison)

To the Officer-in-charge of the …………………………………………………………… prison

(or to the Registrar of the …………………………………………………………………. court of
the ………………………………………………………………. Division/District).

251
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 112

Endorsement of Refusal of Discharge Order

(General Title-Form 1)

To the Officer in charge of ……………………………………………………....................... Prison.

Take notice that, upon hearing the application of the within-named defendant for his discharge, the
court on the ……………………… day of ………………….., 20……… has seen fit to make no
order, and this warrant remains in full force and effect and you are to keep the defendant in your
custody accordingly.

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Judge (or Magistrate)

FORM 113

Endorsement of Recommittal

(General Title-Form 1)

The within-named defendant, having failed to comply with the terms, upon which he was liberated
(or to make a full disclosure of his property), was today ordered to be recommitted to prison for
(state period) and this order (or warrant) now operates accordingly.

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Judge (or Magistrate)

252
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 114

Writ of Interim Attachment

(General Title-Form 1)

WHEREAS it has been shown to the satisfaction of the court that the defendant ………………….
with intent to obstruct or delay the execution of any judgment that may be given against him in this
suit, is about to dispose of (or remove from the Federal Capital Territory, Abuja) or that defendant is
absent from the Federal Capital Territory, Abuja (or that there is probable cause to believe that the
defendant is concealing himself to evade service) and that the claimant is beneficially entitled to the
debts or the property hereinafter specified;

AND WHEREAS on the ………………….. day of …………………………….., 20 …………. it

was ordered that the said defendant should within ……… days thereafter appear and show cause
why he should not furnish security in the sum of N…………. ; (or to produce and place at the
disposal of the court the value of the said property) or such portion of the said property as may be of
the value of …………………………………………………….………………………………….. )

AND WHEREAS it was further ordered that the said property should be attached forthwith, pending
the defendant’s (appearance) (or furnishing such security) (or the said period of ………….. days has
expired and the defendant (has failed to appear and) has not furnished such security);

These are, therefore, to require and order you forthwith to seize, take into your hands, (enter upon)
and attach (such portion of) the defendant’s property specified on the back of this writ (as may be of
the value of N…………………………) whosesoever it may be found within the
…………………………………….. Judicial Division/Magisterial District (except the wearing
apparel and bedding on him and his family and the tools and implements of his trade to the value of
(Five Hundred Naira) and to hold the same until the further order of the court and to make return of
what you have done under this writ immediately on the execution thereof.

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Judge (or Magistrate)

253
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 115

Warrant to Arrest Absconding Defendant

(General Title-Form 1)

WHEREAS there is probable cause for believing that the defendant ……………………… is about
to leave (or has) (or is about to) dispose of or remove (some part of) his property from the
jurisdiction of the court by reason whereof the execution of any judgment which may be given
against him in this suit is likely to be obstructed or delayed;

You are hereby commanded to bring the said defendant before this court forthwith, in order that he
may show why he should not give bail for his appearance at any time when called upon while this
suit is pending and until execution or satisfaction of the judgment (if any).

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Judge
To the Sheriffs and Bailiffs of the court
Fees on issuance of this warrant N…………………………………………………………………...
Notice- If the defendant gets bail before a Magistrate or Justice of the peace in the sum N………..
……………………. With sufficient surety (for his appearance as aforesaid) (or for the satisfaction
of the judgment) or if he deposits with you for transmission to the court the sum of N…………….
or other property of the same or greater value, he shall thereupon, in respect of this warrant, be
discharged out of your custody.

254
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 116

Writ of Delivery

(General Title-Form 1)

WHEREAS on the ……………………………….. day of ………………………., 20………….

the claimant obtained judgement against the defendant …………………………… for the recovery
of (specify the goods which the court has ordered to be recovered of the defendant) ……………….
……………. of the value of N…………………………… (and for the payment of N……………..
for damages for the detention of the said goods) and N………………………… for costs and it was
ordered that the said defendant should return the said goods to the claimant (or pay the said sum of
N………………… their value) on or before the ………………………. day of ………………….,
20………..

AND WHEREAS the said defendant did not on or before the said …………………… day of …….
………………, 20………….. return the said goods to the claimant and default has been made in
payment according to the said order of the said sum(s) of N……………….. for damages (and
……………………………. for costs) (and ………………………… the value of the said goods);

These are therefore to require and order you forthwith to seize the said goods, wheresoever they may
be found within the Federal Capital Territory, Abuja/Magisterial District, and to deliver them to the
claimant.

And if the goods cannot be found by you within the Territorial/District, you are required and ordered
to make and levy the said sum of N…………………………. (the assessed value of the goods) by
distress and sale (except the wearing apparel and bedding on him or his family and the tools and
implements of his trade, to the value of Five Hundred Naira), and also by seizing and taking any
money, bank notes, bill of exchange, promissory notes, bonds, specialties or securities for money
belonging to the said defendant which may there be found or such part or so much thereof as may
be sufficient to satisfy this execution in respect of the said sum on N…………………………

And you are further required and ordered to make and levy the said sum of N……………………..
(damages for detention) and the said sum of N………………….. costs, together with the costs of
this writ and the costs of executing it by distress and sale of the goods and chattels of the said
defendant, wheresoever they may be found within the Federal Capital Territory, Abuja/Magisterial
District (except the wearing apparel and bedding on him or his family and the tools and implements

255
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018
of his trade, to the value of Five Hundred naira), and also by seizing and taking any money, bank
notes, bill of exchange, promissory notes, bonds, specialties or securities for money belonging to the

said defendant which may there be found or such part or so much thereof as may be sufficient to
satisfy this execution in respect of the said sum on N…………………………

And you are further required to bring into Court what you have levied and to make return of what
you have done under this writ immediately upon the execution thereof.

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Judge (or Magistrate)

To the Sheriff and Bailiff of the court.

N K
Assessed value of the specified goods ……………………..
Damages for detention of goods …………………………..
Costs ………………………………………………………
Fees on issuance of this writ ………………………………….
Total amount to be levied exclusive of
further costs, if any, of execution ………………………….

Application was made to the Registrar for this writ at ……………………… minutes past the hour
……………………… in the ……………………. noon of the day last mentioned above.

NOTE

The goods and chattels are not to be sold until the end of five days next following the day on which
they were seized unless they are of a perishable nature or the defendant requests it.

………..……………………….
Registrar

256
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 117

Writ Of Delivery With Execution Against Immovable Property

(General Title-Form 1)
(Recital 1 and 2-Form 147)

WHEREAS no movable property of the defendant can with reasonable diligence be found sufficient
to satisfy the said sum(s) of N………………………… (damages) and N………………………….
(costs) and N…………………….. (value of goods);
AND WHEREAS upon the application of the claimant it was, on the …………… day of
…………………………., 20………. ordered that execution must be levied upon the immovable
property of the defendant for the sum of N……………………. being part of the said sum(s) of
…………………………… (and N………………………….. and N……………… remaining
unpaid).
These are, therefore, to require and order you forthwith to seize the said goods, wheresoever they
may be found within the Federal Capital Territory, Abuja/Magisterial District and to deliver them to
the claimant.

And if they cannot be found by you within the Territory/District, you are required and ordered to
make and levy the said sum of N………………………… (the assessed value of the goods) by
entering upon and attaching the immovable property of the defendant wheresoever it may be found
within the Federal Capital Territory, Abuja/Magisterial District and by selling the same or such part
or so much thereof as may be sufficient to satisfy this execution in respect of the sum of N………
And you are further required and ordered to make and levy (the said sum of N………………..
(damages for detention) and the sum of N…………………….. (costs) together with the costs of
this writ and the costs of executing it, by entering upon and attaching the immovable property of the
defendant wheresoever it may be found within the Federal Capital Territory, Abuja/Magisterial
District and by selling the same or such part or so much thereof as may be sufficient to satisfy this
execution.
And you are further required to bring into court what you have levied and to make return of what
you have done under this writ immediately upon the execution thereof.

Dated this ………… day of …………………………………………..…., 20……

………..……………………….
Registrar
NOTE
257
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018
(as in form 118)

FORM 118

Writ of Sequestration

(General Title-Form 1)
To ………………………………………………………………………………………………….

WHEREAS on the ………………………………….. day of ………………………, 20…………

the claimant obtained judgment (or an order) in this court against the defendant …………………
for the sum of N…………………………. for debt (or damages) and costs (or that ………………
(recite the effect of the order);

AND WHEREAS upon the failure of the said defendant to pay the said sum (or comply with (or
obey) the said order) there was issued from this court on the ……………….. day of ……………
, 20………….. and order for the commitment (or a warrant for the commitment) (or arrest and
detention) of the said defendant;

AND WHEREAS the said defendant is not and cannot be found (or is taken and detained in custody
without obeying the said judgment or order);

Know ye, therefore, that by these presents, full power and authority is given to you to enter upon all
the immovable property whatsoever of the said ……………………… and collect, receive and
sequester into your hands not only all the rents and profits of the said immovable property, but also
all his movable property whatsoever; and therefore you are commanded that you do at certain
proper and convenient days and hours go and enter upon all the immovable property of the said
……………………… and that you do collect, take and get into your hands not only rents and
profits of his said immovable property, but also all his movable property and detail and keep the
same under sequestration in your hands until the said ………………….. shall clear his contempt or
this Court shall make other order to the contrary.

Dated this …………………………… day of ……………………., 20…………..

…………………………………
Judge
Application was made to the Registrar for this writ at …………………………………… minutes
past the hour of ……………………………….. in the ……………… noon of the day last
mentioned above.

258
High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018
…………………………………
Registrar

259
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 119

Register of Judgment

(Enter of Court)

Index No. of Date of Full title of Full title of Name and address Name and address of Date of Abstract of *Remarks (Enter here Signature of
registration Registration Court issuing Court of party to whom party ordered to pay judgement judgement order make under Section registering Officer
certificate issuing payment is to be money or to do or not 106 of the Sheriffs and
certificate made or in whose to do any act Civil Process Act (Cap.
favour judgement 551) and particulars of
is given amount recovered

*Magistrate’s Court …………………………………………………………. Federal Territory, Abuja.

260
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 120

Notice of Registration of Certification of Judgment

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

OR
In the MAGISTRATE’S COURT ….................................…

To the Registrar,
High Court/ Magistrate’s Court of the Federal Capital Territory, Abuja.

Suit No. ………….…………….

………………………………………… vs. ………………………………………………………..

TAKE NOTICE that the certificate of judgement issued out of your court on the …………………..
day of ……………………. in respect of the above-named suit, has this day been registered in the
Nigerian Register of Judgements kept in this court.

Given under my hand this …………………….. day of ……………………………, 20…………..

…………………………………………
Registrar
High Court/Magistrate’s Court*
*Delete words not required.

261
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018
FORM 121

Notice of Issue of Process

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

OR
In the MAGISTRATE’S COURT ….................................…

To the Registrar,
High Court /Magistrate’s Court of the Federal Capital Territory, Abuja.

Suit No. ………………….

………………………………………… vs. ………………………………………………………..

TAKE NOTICE that on the …………………… day of …………………, 20………….. (here state
nature of process, etc.), for ……………………………… (here state the amount in respect of which
process was issued) was issued out of this court upon the Certificate of judgement in the above-
mentioned suit.

GIVEN under my hand this ……………………….day of ………………………………, 20…….

…………………………………………
Registrar
High Court/Magistrate’s Court*
*Delete words not required.

262
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 122

Notice of Payment Into Court

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

OR
In the MAGISTRATE’S COURT ….................................…

To the Registrar,
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
OR
In the MAGISTRATE’S COURT ….................................…

Suit No. …………….………….

………………………………………… vs. ………………………………………………………..

TAKE NOTICE that on the …………………………………… day of ……………………………

, 20………….. the sum of N ………………………… was paid into this court in full (or part
payment as the case may be) satisfaction of the judgement certified in the certificate of judgement
issued out of your court on the ……………….. day of …………………………, 20….. in the
above-mentioned suit.

…………………………………………
Registrar
High Court/Magistrate’s Court*
*Delete words not required.

263
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 123

General Form of Title of Proceedings

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the ……………………………………………..………………………. Judicial Division holding
at ……………………………………………………………………………………………………
Suit …………………………...
Between
A.B. ………………………………………………………………………………………..
Claimant
and
C.D ………………………………………………………………………..…………….. Defendant

In the matter of (here state the title of any law or rule of law by which this court is given power to
entertain the proceedings).

Refer to the matter in respect of which the proceedings are brought.

FORM 124

General Form of Affidavit

(Heading as in form 1)

(Full names of deponent) of (residence of deponent, followed by his occupation, religion and
nationality) make Oath and say as follows: Here set out in numbered paragraph the facts deposed to.

……………………….
Deponent

Sworn to at …………………………………… in the ………………………………………….

this ……………………………. day of …………………………, 20………………………..

BEFORE ME

…………………………………..
Commissioner for Oaths
264
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 125

General Form of Conclusion of Notices

(Titles as in form 1)

TAKE NOTICE that ……………………………………………………………….. (state concisely

the subject matter of the notice)
Dated this ……………… day of …………………………………………, 20……………………
Signed ………………………. of (Agents for …………………………………………………….
(Solicitors for the above-named claimant (defendant) or where the notice is given by the party acting
in person, the above-named claimant (defendant) in person).

To …………………………………………………………….
The above-named defendant (claimant)
And to ……………………………………………………….
His Solicitor

265
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 126

Notice of Set-off or Counter-Claim

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………… Judicial Division
Holden at ………………………………………………………………………………………….

Suit No. …………………….

Between

A.B. …………………………………………………………………………………….. Claimant

and

C.D …………………………………………………………………………………….. Defendant

TAKE NOTICE that the defendant intends to apply to the judge of the High Court of the Federal
Capital Territory, Abuja at …………………………………. on ……………………….. day of
………………………………., 20………………. at ………………………………….. o’clock
for an order that he be at liberty pursuant to the order of this court to (set-off his defence herein
claimed or serve a counter-claim) upon the following grounds. (set out in numbered paragraphs
particulars of the claim).

Dated this …………………. day of …………………………….., 20………….

…………………………
Judge

266
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 127

Order for Consolidation

(State the Order under which the action is brought)

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………… Judicial Division
Holden at ……………………………………………………………

Suit No. …………………….

Between
A.B. …………………………………………………………………………………….. Claimant

and
C.D …………………………………………………………………………………….. Defendant
and
Suit No. …………………….
Between
A.B or E.F. .…………………………………………………………………………….. Claimant

and
C.D. or G.H. .………………………………………………………………………….. Defendant
(Add the suit numbers and titles of all the actions or matter to be consolidated)

IT IS HEREBY ORDERED that these actions or matters be consolidated and do proceed as one
action or matter at any special term)

Dated this ………………………………. Day of ……………………………………, 20……….

…………………………
Judge

267
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 128

Undertaking by Defendant Applying for Stay of

Proceedings

(State the Order under which the action is brought)

WHEREAS the above-named actions or matters have been brought in this court by the said
…………………………………………. and ………………………………………………
against me and several causes of actions arise out of the same alleged breach of contract (or wrong
or other circumstances).

NOW THEREFORE, I UNDERTAKE to be bound, so as to my liability in the said actions is

concerned, by the judgment of the court, in such one of the actions as may be sealed by the court.

Dated this ………………………. day of …………………………….…….., 20……………….

Defendant ………………………………………
Address …………………………………………
………………………………………………….
…………………………………………………

FORM 129

Order to Stay Proceedings

WHEREAS the above actions have been commenced in this court against the said ………………..
………………… in respect of causes of action arising out of the same alleged breach of contract (or
wrong or other circumstances).

AND WHEREAS the said …………………………………………. has filed an undertaking to be

bound so far as his liability to the claimants ………………….. and ………………… in the said
actions is concerned, the decision of the court in one of such actions.

IT IS HEREBY ORDERED that the ……………………………… action be stayed until

judgement shall have been given in the action.

268
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

AND IT IS FURTHER ORDERED that the costs of this application and of the order thereon be
costs in the …………………….………………………………………………………… action.

AND IT IS FURTHER ORDERED that this order shall be served on the said ……………………
and ……………………………………….

…………………………………….
Judge

FORM 130

Notice to Claimant in Other Actions of Judgment in Selected Action

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………….. Judicial Division

Holding at ……………………………………………………

Suit No. …………………….

Between
A.B. …………………………………………………………………………………….. Claimant
and
C.D …………………………………………………………………………………….. Defendant
and
Between
E.F. .. …………………………………………………………………………………….. Claimant
and
C.D. …………………………………………………………………………………….. Defendant
WHEREAS on the ……… day of ……………………………………, 20……………………..
It was ordered that the above-mentioned action of ……………………………………………… vs
………………………………………… should be stayed until judgment should have been given in
the above-mentioned action of ……………………………………….. vs ………………………

TAKE NOTICE that on the ………………. day of ……………………………………, 20……..

judgment was given in the said action of …………………………………… vs …………………..
…………………………… in favour of the defendant.

269
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

AND FURTHER TAKE NOTICE that the said defendant will be entitled to his costs of above-
mentioned action of …………………………………………. vs …………………………….. up
to the date of the said order of the ………. day of ………………………………., 20…….. unless
you said ………………………… shall on or before the (1) ……………………. day of …………
…………………, 20……………… give to me written notice to set down the action of ………….
……………………….. vs …………………………………….. for hearing.
(2) TAKE NOTICE that on the ……………… day of …………………………………, 20……..
judgment was given in the said action of ……………………………………………. vs ………
………………………………… in favour of the claimant.
AND FURTHER TAKE NOTICE that you will be at liberty to proceed with action of …………..
…………………………….. vs ………………………………………. for the purpose of
ascertaining and recovering the debt (or damage) and costs and that if you desire so to proceed you
must on or before the (1) ………………………… day of …………………………, 20………
give to me written notice to set down the action of …………………………………… vs ………
………………………. for hearing.

Dated this ……………………. Day of …………………………………, 20………….

To the above-named claimant.

…………………………………..
Registrar

FORM 131

Third Party Notice

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………….. Judicial Division
Holden at ………………………………………………………………………………………….

Suit No. …………………….

between
A.B. …………………………………………………………………………………….. Claimant
and
C.D …………………………………………………………………………………….. Defendant
and
C.F. …………………………………………………………………………..……… Third Party
270
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

TAKE NOTICE that this action has been brought by the claimant against the defendant or
……………………………… and that the claims against you that –
(a) He is entitled to contribution from you to the extent of; ............................................ or
(b) He is entitled to be indemnified by you against liability in respect of ................................... or
(c) That he is entitled to the following relief or remedy relating to or connected with the original
subject matter of the action namely ............................................................................ or
(d) The following question or issue relating to or connected with the subject matter of the action
should properly be determined as between the claimant and the defendant and the ................
third party namely;

The grounds of the defendant’s claim are: ----------------------------------------------------------------------

AND TAKE NOTICE that if you dispute the claimant’s claim against the defendant of the
defendant’s claim against you, you must take all necessary steps for your defence and appear on the
day fixed for hearing of the action when the claimant’s claim against the defendant and the
defendant’s claim against you will be heard and determined.

In default of your appearing on the day of hearing you will be deemed to admit-
(1) The claimant’s claim against the defendant; and
(2) The defendant’s claim against you; and
(3) Your liability to (contribute to the extent claimed or (indemnify the defendant); or
(4) The defendant’s right to the relief or remedy claimed in paragraph (c) above; and
(5) The validity of any judgment in the action; and will be bound by the judgement in the action
which may be enforced by execution against yours goods.

Dated this ……………………. day of ………………………………………., 20…….

…………………………
Registrar

271
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 132

Undertaking by Next Friend of Infant or Committee of Persons of Unsound Mind to be

Responsible for Defendant’s Cost

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………….. Judicial Division
Holden at ……………………………………………………

Suit No. …………………….

I, the undersigned …………………………….. of ………………………… being the next friend
of ………………………………. who is an infant/a person of unsound mind and who is desirous of
commencing an action in this court against ………………………. of ………………… hereby
undertake to be responsible for the cost of the said, ……………………. in those proceedings, in
manner following namely, if the said ………………………….. fail to pay to the said ………….
when and such manner as the court shall order, all such cost of the proceedings as the court shall
direct him to pay to the said ………………………………………………….. I will forthwith pay
the same.

Dated this ………………………… day of …………………………………., 20……..

(Signed) …………………….
Signed by the above-named in my presence …………………………………………………………
……………………………………………………………………………………………. Solicitor
Address ……………………………………………………………………………………………...

BEFORE ME

COMMISSIONER FOR OATHS

272
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 133

Plaint Note

(Heading as in Form 1)
No. of Plaint or Matter Defendant or Respondent Fees paid
Plaint or matter Hearing

The above action (or actions) or matter (or matters) was (or were entered) this day and will be heard
at …………………….. on ……………………… the day of ………………………, 20…….. at
the hour of ………………….. in the ………………………….. noon.

Dated this ……………… day of …………………………………………………, 20………

NOTE-Bring this plaint note with you when you come to the court or the court office for any
purpose connected with these proceedings.

On the day of hearing bring all books and papers necessary to prove your claim. Money will not be
paid out of the court except on production of this plaint note and on your or your representative’s
personal attendance.

If you obtain a judgement against the defendant all money ordered to be paid thereunder must be
paid into court and must not be received by you from the defendant unless the court directs payment
to be made to you.

273
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 134

Affidavit on Application for Issue of Duplicate Plaint Note

(Heading as in Form 1)

I (A.B. or E.F.) of address and occupation …………………………………… make Oath and says
as follows:
(1) I am (the claimant or solicitor for the claimant as the case may be) in this action and in that
capacity have had in my custody the plaint note issued in this action.
(2) I have made diligent search for the said plaint note but have been unable to find it and to the
best of my belief the said plaint note has been accidentally lost or destroyed.
(3) (There has been no change in my interst in the subject (subject matter or judgement obtained)
in this action and I am entitled to receive any money paid into court by the defendant or to
the best my knowledge and belief there has been no change in the claimant’s interst in the
subject matter or judgement obtained in this action and the claimant is entitled to receive
any money into this court by the defendant).
(4) I am authorised by the claimant to apply for and receive on his behalf a duplicate of the said
plaint note as appears by the authority at the foot hereof signed by the claimant.

Sworn to at the ……………………………………………………………………. court

registry this ……………………….. day of ………………………., 20………...

……………………………………..
Deponent/Registrar
I (A.B.) the claimant in this action hereby authorize (name) of (address) to apply for and receive on
my behalf a duplicate of the plaint note issued in this action.

……………………………
Claimant
*This affidavit is filed on behalf of the claimant.

274
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 135

Ordinary Summons

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………….. Judicial Division
Holden at ……………………………………………………

Suit No. …………………….

Between
……. …………………………………………………………………………………….. Claimant
and
………………………………………………………………………………………….. Defendant
The claimant claims
………………………………….

N : K
Debt or Damages (particulars are attached)
Court Fee
Other Disbursements costs
__________________
TOTAL __________________
You are hereby summoned to appear at …………………………………………………………
High Court ………………………………………………………………………………………
(address of court)
On the ……………………. day of ……………………………………, 20…… at …………….
o’clock in the ………........ noon when the claim will be heard.

To the Defendant
Dated this ………………….. day of …………………………………., 20…………………

……………………………
Judge or Registrar

You are advised to read it carefully and to complete it and return it to the registrar of the court if you
have a counter claim or special defence or wish to admit the claim and thus save costs.

275
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 136

Admission Counter-Claim Special Defence

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………….. Judicial Division
Holden at …………………………………………………………………………………………..

Suit No. …………………….

Between
……. …………………………………………………………………………………….. Claimant
and
………………………………………………………………………………………….. Defendant
I admit the claimant’s claim (or N………………… part of the claimant’s claim) and I ask leave to
pay the same with the costs on that amount, on the …………….. day of ……………………, 20….
….. (or by instalment of N………………… per …………………………….) because …………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
or I have a special defence (such as limitation of action, infancy, discharge under any written law,
res judicata ………………………. or I have a counterclaim or set-off against the claimant for
N…………………………………..
To be signed here by defendant……………………………………………………………………..
Defendant’s address for service in the state …………………………………………………………

Dated this ……………… day of…………………………………………………….., 20 …………

Note: Where the defendant admits the whole or part of the claims, his signature should be witnessed
by a Solicitor, or by the registrar or other officer of the court.

276
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 137

Service Endorsement on Any Document of Which

Personal Service is Effected (Except a Witness or
Judgment Summons)

(Heading as in Form 1)

Notice of the personal service of ……………………………………………… in this suit was on

……………………… the ………………….. day of ………………………., 20……………….
Served by me on …………………………………………………………………………………

Endorsed the ………………….. day of ……………………………………………., 20……….

Signature …………………………………………………
Address …………………………………………………..

FORM 138

Order for Substituted Service

UPON READING the affidavit of …………………………… of ………………………………….

Sworn upon the ………………. day of ………………………………………………., 20……….

IT IS HEREBY ORDERED that a …………………… issued in this action together with a copy of
this order be served on some inmates of above the apparent age of eighteen years at ……………..
being the usual (or last known) place of residence (or business) of …………………………………
………………………………………………………………………………………………………
(Name of claimant, defendant, witness of party)
at …………………………. being the usual (or last known) place of residence (or business) of the
said ………………………………… (or that notice of the ……………………. be published in the
………………………….. newspaper in (number) separate issues) (or that a copy of the …………
…………………….. in this action (or matter) shall be affixed to premises at ……………… being
the usual (or last known) place of residence (or business) of ………………………………………
(or as may otherwise be ordered by the court).

ORDERED this ………………………… day of ………………………….., 20………………

……………………………….
Judge
277
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 139

Substituted Service Notice in the Federal Capital Territory, Abuja

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………….. Judicial Division
Holden at ……………………………………………………

Suit No. …………………….

TAKE NOTICE that an action has been commenced against you in the above court by …………..
………………….. of ……………………………………. for ………………………….. and that
an order has been made that publication of a notice of the entry of such action (in the Federal
Gazette or the …………………………………….. Newspaper or by posting up at ……………...
…………. shall be deemed to be good and sufficient service of the summons or …………………
…………………………) on you.

THIS ACTION will be heard at ……………….. on the ……………….. day ……………., 20…
………………. at the hour of …………….. in the …………………. noon, on which day you are
to appear and if you do not appear either in person or by legal practitioner you will be bound by
any decision or order given or made in the proceedings.

Dated this …………… day of ………………………………………………., 20………………

…………………………
Registrar

278
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 140

Service Endorsement of Substituted Service

(Heading as in Form 1)

NOTICE of the writ of Substituted Service was on the ………………. day of …………………….
20……………….. served by me ……………………………. on the defendant by ………………..
………………………………………………………………………………………………………
(State form of service)
………………………………………………………………………………………………………
………………………………………………………………………………………………………

Endorsed the ……………………….. day of ………………………, 20…………………………

Signature …………………………………………
Address …………………………………………...

FORM 141

Service Endorsement on Summons to Witness

(Heading as in Form 1)

NOTICE of the Summons to Witness in this suit was on the …………. day of ………. 20…………
served by me ……………………………. on the ……………………………..

Endorsed the ………………….. day of …………………………, 20…………………………

Signature …………………………………………
Address …………………………………………...

279
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 142

Service Endorsement of Ordinary or Default Summons

(Heading as in Form 1)

NOTICE of the …………………………………. Summons was on the ………………. day of

……………………. 20……………….. served on ………………………………………………
by me …………………………….……………….………………..

Endorsed the …………………….. day of …………………………, 20…………………………

Signature …………………………………………
Address …………………………………………...

FORM 143

Affidavit to Ground Default Summons

(Heading as in Form 1)

I, A.B. of ………………………………………… make Oath and say that C.D. of (address,

occupation) is indebted to me in the sum of N…………………………………………… for
……………………………………………….. and I further say that C.D. is not –
(a) An infant or a person of unsound mind or a lunatic; or
(b) An outdoor servant or a person enegaged in manual labour or the wife of such a servant or person;
or
(c) A person residing out of the jurisdiction of the court and that the claim is not –

(1) To recover money lent by a money lender as defined in the Money Lenders Act (Cap. 525) or
interst on money so lent or to enforce any Agreement made or security taken in respect of
money so lent:
(2) On behalf of an assignee of a debt or other thing in action; or
(3) To recover money secured by a mortgage or charge

280
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Signed (A.B) ………………………

Sworn on the …………………………………..

BEFORE ME
………………………………….
COMMISSIONER FOR OATHS

Note- When this affidavit is made by a Clerk, alter the form accordingly and add the following:
“That I am a person in the employment of A.B. and that I am duly authorized by him to make this
affidavit and that it is within my own knowledge that the aforesaid debt was incurred and for the
consideration above stated and that such debt to the best of my knowledge and belief still remains
unpaid and unsatisfied.

FORM 144

Summons to Obtain Judgment by Default in Personal Service

(Heading as in Form 1)

TO THE DEFENDANT:
The summons …………………………… of which this true copy was served by me on C.D. the
defendant personally at …………………… on ………………………………… day of ……….
………………………, 20………….. judgement may be obtained against you and enforced
without further notice within ten days of the service of this summons inclusive of the day of service
on you.

Dated this ………………….. day of …………………………………………., 20…………….

………………………………………..
Bailiff of the High Court

281
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 145

Notice of Intention to Defend

(Heading as in Form 1)

TAKE NOTICE that the defendant intends to defend this action (or matter) on behalf of or for the
benefit of (state names or persons as in order) as well as on his own behalf.

Dated this ………………….. day of …………………………………………., 20…………….

..……………………..
Registrar

FORM 146

Praecipe for Entry of Judgment in Default Action

(Heading as in Form 1)

I hereby REQUEST that judgment by default be entered against the defendant (name of the
defendant or if there are some defendants than one and it is desired to enter judgment against some
or one only, name them or him), payable forthwith or on the ………………………… day of …….
……………………. or by instalments of N………………….. for every …………………….. the
first instalment to be paid to the ………………………… day of …………………………, 20….
N : K
Amount of claim as stated in summons
Amount (if any), since received by claimant
Balance of claim for which judgment to be entered
_________________
_________________
Court fees entered on the summons
Costs entered on the summons
Costs (if any) on entering judgment
_________________
_________________

282
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Dated this ………………….. day of …………………………………………., 20…………….

…………………………………………
Claimant or Claimant Legal
Practitioner
To the Registrar of the Court.

FORM 147

Notice to Claimant of Payment Into Court of Whole Claim With or Without Cost
(Heading as in Form 1)

TAKE NOTICE that the Defendant ( ) had paid into court N……………..
being the full amount of your claim in this action (together with the costs entered on the summons).

Dated this ………………….. day of …………………………………………., 20…………….

………………………...
Registrar
To the Claimant.

283
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 148

Affidavit on Application on Behalf of Infant or Person of Unsound Mind for Appointment of

Guardian Ad Litem
(Heading as in Form 1)

I, …………………………………. of …………………………. make Oath and say as follows:

(1) The defendant was served with the ........................ in this action (or matter) on the ..........
..................... day of .........................................................................................., 20......................
(2) The defendant ................................. is an infant (or person of unsound mind not adjudged a
lunatic)
(3) .................. is fit and proper person to act as guardian ad litem of the said defendant and has
no interest in the matters in question in this action (or matter) adverse to that of the said
.................................................................. to act as such guardian is hereto annexed.

SWORN to at the ……………… Registry this ………………… day of ………….., 20………….

BEFORE ME
…………………………..
COMMISSIONER FOR OATHS

FORM 149

Order Appointing Guardian Ad Litem

(Heading as in Form 1)

On the application of …………………….. and on reading the affidavit of …………………..

sworn on the …………………………………….. day of …………………………………, 20……
and the consent thereto annexed.

IT IS ORDERED that ……………………………. of ………………………….. be appointed to

act as guardian ad litem of the defendant …………………………………………….. an infant (or
person of unsound mind not so found by inquisition).

Dated this ………………….. day of …………………………………………., 20…………….

………………………...
Judge

284
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 150

Certificate of Judgment or Order

In the HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

In the …………………………………………………………………………….. Judicial Division
Holden at ……………………………………………………

Suit No. …………………….

Copy of entries in the books of the court relating to the action or matter of ……………………….
…………………. vs …………………………………… (Suit No. ………………..) in which
judgment was entered (or an order made) in this court on the …………………… day of ………
………………………………………………………………………….., 20………..

Form and subject Name and address Name and address Abstract of Abstract of
matter of action or of party in whose of party ordered to judgment or order judgment stating
matter. favour judgment or pay money or to do and date when amount (if any)
order was given or or not to do a given or made ordered to be paid
made. particular thing. the rate of interest
(if any) payable
thereon and date
from which it is
payable and
particulars of any
act ordered to be
done or not
I certify that the above is a true copy of entries in the books of this court relating to the action or
matter above mentioned.

Dated this ………………….. day of ……………………………………………, 20……..

N.B – This certificate is delivered for the purpose of ………………………………………………

……………………………
Registrar

285
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 151

Record Book of High Court

Civil Cause Book of High Court of the Federal Capital
Territory, Abuja

Record Book of Civil Causes in the …………………………………………......... High Court from

the ……………………… day of …………………………….., 20…… to the day ………………..
…………………… day of ……………………………………………………………, 20………

No. of suit Date of Name of Name of Substance Date of Judge Costs

or filing suit or claimant defendant (or of suit or judgment or adjudicating
application application (or Respondent) matter Final Order
Applicant)

……………………………………
Checked and signed by Judge

286
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 152

Order of High Court Referring Proceedings to Arbitration

(Heading as in Form 1)

IT IS HEREBY ORDERED with the consent of all parties that these proceedings be referred to the
Arbitration of ………………………………… whose Award, to be made on or shall be entered as
the judgment in this action (Add any further direction given by the Judge).

Dated this …………….. day of …………………………………………………, 20…………

……………………………………
Judge

FORM 153

Order of Reference of Proceedings or Question for

Inquiry or Report
(Heading as in Form 1)
IT IS HEREBY ORDERED that these proceedings and all questions arising therein (or the
following question arising in these proceedings, namely (state the question ………………………)
be referred to ……………….. of ……………………. for inquiry and report, pursuant to
…………………………….. of ………………………………… the ……………………………
(Add directions if any, as to how reference is to be conducted)

AND IT IS ORDERED that the …………………………………………………………… is to

complete his inquiries and file his report and give notice to the parties by the ………………… day
of ………………………………………, 20…………… unless the time is further enlarged by the
Court.

AND IT IS FURTHER ORDERED that these proceedings stand adjourned for the consideration of
the report until the …………………… day of …………………………., 20………….. at the hour
of ……………………………… in the ………………………… noon or if the time for filing the
report be enlarged, to such later day as may hereafter be fixed.

Dated this …………….. day of …………………………………………………, 20…………

287
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 154

Bond by Person Giving Security

KNOW ALL MEN BY THESE PRESENTS that we …………………………………………..

of …………………………………………………………………………………………………
and ………………………………………………………………………………………………..
are jointly and severally held and firmly bound to ………………………………………………..
in the sum of ……………………………………………………. Naira to be paid to the said …..
……………………………… or his certain attorney, executors, administrator or assign for which
payment to be well and truly made, we bind ourselves and each and every one of us, in the whole,
our and each of our heir, executors and administrators jointly and severally, firmly by these present.
Sealed with our seals and dated this …………………. day of ………………………, 20……….

Whereas:
(1) Here recite the NOW THE CONDITION of this obligation is such that if the above bounders ……...
circumstances in ………………………………… do (2) ……………………………. Then this
which the bond is obligation shall be void and of no effect, otherwise the same shall remain in full force
taken and virtue.

SEAL
SEAL

(2) Here state THE

OBLIGATION
undertaken SEAL
Signed, sealed and delivered by the above-bounden in the presence of

…………………………………..
Judge or Commissioner for Oaths

288
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 155

Summons to Witness to Give Oral Evidence

(Heading as in Form 1)

YOU ARE HEREBY summoned to attend at …………………………………. On ……………….

……………….. the ………………….. day of ……………………………….., 20……. at the
hour of ……………………. in the ……………… noon, and so from day to day, until the above
action or matter is tried, to give evidence in the above action or matter.

IN DEFAULT of your attendance you will be liable to forfeit N………… if there was paid or
tendered to you at the time of the service of this Summons your reasonable expenses of travelling to
and from the court together with a sum as compensation for loss of time according to the prescribed
scale.

Dated this …………………………… day of …………………………………………, 20……….

……………………………….
Judge or Registrar
To …………………………………….. of …………………………………………………………
This summons was issued on the application of the (Claimant or Defendant)

Sum to be paid or tendered to the witness N………………………………………..

289
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 156

Summons to Witness to Produce Documents

(Heading as in Form 1)

YOU ARE HEREBY summoned to attend at ………………………. on the …………….. day of

………………………………….., 20…….. at the hour of ………………….. in the ……………
……… noon and so on from day to day until the above action or matter is tried to give evidence in
the above action or matter and also to bring with you and produce the several documents hereunder
specified. (Here insert list of documents required to be produced).

IN DEFAULT of your attendance or of production by you of the several documents herein before
specified or any of them you will be liable to forfeit N…………………. if there was paid or
tendered to you at the time of the service of this summons, your reasonable expenses of travelling to
and fro the court together with a sum as compensation for loss of time according to the prescribed
scale. (Where the witness is merely required to produce documents the words “to give evidence in
the above action or matter and also” should be omitted).

Dated this ………………………. day of ………………………………………...., 20………..

……………………………
Judge or Registrar
To …………………………………………. of ……………………………………………….
This summons was issued on the application of the (claimant or defendant).

Sum to be paid or tendered to the witness N……………………………………………………..

290
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 157

Notice to Produce Documents at Hearing

(Heading as in Form 1)

YOU ARE HEREBY summoned to attend at …………………………………........... on the

…………………….. day of ………………………………, 20…………. at the hour of …………
in the ……………. noon and so on from day to day until the above action or matter is tried and to
bring with you and produce the several documents hereunder specified.

(Here insert list of documents required to be produced)

IN DEFAULT of your attendance or of production by you of the several documents herein before
specified or any of them you will be liable to forfeit N………………….. if there was paid or
tendered to you at the time of service of this summons your reasonable expenses of travelling to
and fro the court together with a sum as compensation for loss of time according to the prescribed
scale.

Dated this ………………………. day of ………………………………………...., 20………..

……………………………
Judge or Registrar
To …………………………………………. of ……………………………………………….
This summons was issued on the application of the (claimant or defendant).

Sum to be paid or tendered to the witness N……………………………………………………..

291
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 158

Order of Foreteiture for Non Attendance of Witness or for Witness Refusing to be Sworn or
Give Evidence
(Heading as in Form 1)

WHEREAS …………………………………………… of ……………………...............................

was duly summoned to appear as a witness in this action at the …………………………………….
court holden on the ……………………………………… day of ……………………., 20……
and at the time of being so summoned was paid (or tendered) his travelling expenses (add, if
witness was not a judgment debtor on a judgment summons) and compensation for loss of time
according to the scale of allowance prescribed.

AND WHEREAS he has refused or neglected without sufficient cause shown to appear at the court
(or to produce) (described what he was required by the summons and bound to produce).

OR WHEREAS he has refused (to be sworn) or (to give evidence).

OR WHEREAS ………………………… of …………………………… being this day present in
court and being required by the court to give evidence in this action refused to be sworn (or to give
evidence).

IT IS HEREBY ORDERED that the said ………………….. do pay the sum of N………………..
to the registrar of this court on the …………………………. day of ……………….., 20……….

Dated this ………………………. day of ………………………………………...., 20………..

……………………………
Judge

FORM 159

Notice to Show Cause Why Forfeiture Should Not Be

Ordered

(Heading as in Form 1)

TAKE NOTICE that the claimant (or defendant) will not ……………… the day
………………….., 20……….. at the hour …………………………….. in the ………. noon apply
to this court for an Order (state the circumstances necessitating the need for a forfeiture order).

AND FURTHER TAKE NOTICE that you are hereby required to attend the court on the first
mentioned day to show cause why an order for forfeiture should not be ordered against you.

……………………………
Registrar

292
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 160

Application to Obtain Order to Bring Up Prisoner to Give

Evidence
(Heading as in Form 1)

I, …………………… of ……………………………..……… the claimant (or defendant) state as

follows: -
1. That the above action is appointed to be HEARD AT THIS COURT ON the
.......................................... day of ............................, 20......... and that ................... now a
prisoner confined in ................... prison, will be a material witness for me at the said
hearing.
2. That I (am advised and) verily believe that I cannot safely proceed to the hearing of the said
action without the testimony of the said ...................................................................................

AND I HEREBY MAKE APPLICATION to his Lordship the Judge of this court for an order
under section …………………………. of the High Court Act that the said ………………. may
be brought before this court to be examined as a witness on my behalf.

Dated this …………………… day of …………………………….., 20…………………….

………………………….
Applicant

293
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 161

Order to Bring Up Prisoner to Give Evidence

(Heading as in Form 1)

To (officer who has custody of prisoner)

WHEREAS ………………………………… has made application to me, for an order under the
High Court ……………………………………….. Act or Rule to bring up before this court ……...
…….. who it is said is detained as a prisoner in your custody, to be examined as a witness on behalf
of the said ………………………………………….. in the above section.

YOU ARE THEREFORE, by this order issued pursuant to the said section, required upon tender
made to you of a reasonable sum for the conveyance and maintenance of a proper office or offices
and of the said …………………………….. in going to, remaining at and returning from this court,
to bring the said ………………………….. before this court at ………………….. on …………….
……….. the ………….. day of ……………………….., 20…………… at the hour of ……………
in the ………….. noon, then and there to be examined as a witness on behalf of the said …………
…………… shall have given this testimony before this court, you place from which he shall have
been brought under this court.

Dated this …………………… day of …………………………….., 20…………………….

………………………….
Judge

294
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 162

Judgment for Claimant (Single Payment)

(Heading as in Form 1)

IT IS ADJUDGED, that the claimant do recover against the defendant the sum of
N…………………………… for debt (or damages), and N……………………………. for costs,
amounting together to the sum of N………………………… (AND the defendant having paid the
sum of N……………………….. into court (or to the claimant).

IT IS ORDERED, that the defendant do pay the sum of N………………………….. to the

registrar of this court on the ………………………….. day of ………………………, 20…….

Dated this …………………… day of …………………………….., 20…………………….

………………………….
Judge

295
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 163

Judgment Where Counter-Claim Has Been Made

(Heading as in Form 1)

IT IS ADJUDGED, that the claimant do recover against the defendant the sum of
N…………………………… for debt (or damages), and N……………………………. for costs,
amounting together to the sum of N………………………… (or that judgment be entered for the
defendant (or that a nonsuit be entered) in this action and that the claimant do pay the sum of
N………………………, for the defendants cost).

AND IT IS FURTHER ADJUDGED, that the defendant do recover on this counter-claim against
the claimant the sum of N……………………………… for debt (or damages), and N…………..
……………………….. for costs, amounting to the sum of N……………….. (or judgment to be
entered for the claimant on the defendant’s counter-claim (or that the counter-claim be struck out)
and that the defendant do pay the sum of N…………………… for the claimant’s costs of the
said counter-claim). (If the same party succeeds both in the action and on the counter-claim
proceed as follows):

AND IT IS ORDERED that …………………… do pay to the registrar of this court the sum of
N…………. being the balance in favour of ……………………. after deducting the amount
adjudged to the …………………………. as aforesaid.

AND IT IS ORDERED that the said sum be paid on the ………… day of ……………….., 20…..
…………. or by instalments of N…………………….. for every …………………….. the first
instalment according to this order, executions or successive executions may issue for the whole of
the said sum and costs the remaining unpaid or for such portion thereof as the Court shall order.

Dated this …………………… day of …………………………….., 20…………………….

………………………….
Judge

296
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 164

Judgment for Delivery of Goods

(Heading as in Form 1)

IT IS ADJUDGED, that the claimant do recover against the defendant the following goods of the
claimant wrongfully detained by the defendant; that is to say (specify the goods which the court
decides have been detained) of the value of N ……………….. (and also the sum of N…………..
………………… for damages for the detention of the said goods) and the sum of N………………
costs.

AND IT IS ORDERED that …………………… do pay to the registrar of this court the sum of
N…………. being the balance in favour of ……………………. after deducting the amount
adjudged to the …………………………. as aforesaid.

AND IT IS ORDERED that the said sum be paid on the ………… day of ……………….., 20…..
…………. or by instalments of N…………………….. for every …………………….. the first
instalment according to this order, executions or successive executions may issue for the whole of
the said sum and costs the remaining unpaid or for such portion thereof as the court shall order.

AND IT IS FURTHER ADJUDGED, that the defendant do recover on this counter-claim against
the claimant the sum of N……………………………… for debt (or damages), and N…………..
……………………….. for costs, amounting to the sum of N……………….. (or judgment to be
entered for the claimant on the defendant’s counter-claim (or that the counter-claim be struck out)
and that the defendant do pay the sum of N…………………… for the claimant’s costs of the
said counter-claim). (If the same party succeeds both in the action and on the counter-claim
proceed as follows):

Dated this …………………… day of …………………………….., 20…………………….

………………………….
Judge

297
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 165

Judgment for Claimant (Payment By Instalments)

(Heading as in Form 1)

IT IS HEREBY ADJUDGED that the claimant do recover against the defendant the sum of N…….
……………….. for debt (or damages) and cost N…………..……………… amounting together to
the sum of N……………………. and the defendant having paid the sum of N……………….. into
court (or to the claimant).

IT IS ORDERED that the defendant do pay the sum of N…………. to the registrar of this court by
instalment of …………………… for every ……………………; the first instalment to be paid on
the …………………. day of ……………………………………, 20…………..

AND IT IS ORDERED that the said sum be paid on the ………… day of ……………….., 20…..
…………. or by instalments of N…………………….. for every …………………….. the first
instalment according to this order, executions or successive executions may issue for the whole of
the said sum and costs the remaining unpaid or for such portion thereof as the court shall order.

IN CASE default be made in payment of any instalment, according to this order, execution or
successive executions may be issued for the whole of the said sum and costs then remaining unpaid
or for such portion thereof as the court shall order.

Dated this …………………… day of …………………………….., 20…………………….

………………………….
Judge

298
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 166

Notice of Application for A New Trial

(Heading as in Form 1)

TAKE NOTICE that ………………… will apply to …………………………………. court at

………………………………….. o’clock on …………………… 20……………… to fix a date
for a new trial of this action.

Dated this …………………… day of …………………………….., 20…………………….

Signed
Signed…………………………….
Solicitor for claimant
(Defendant)
To …………………………………………………………... Solicitor for the claimant
(defendant)
I/We ………………………….. Solicitor for the claimant (defendant) consent to this application.

………………………….
Oppose

Dated this …………………… day of …………………………….., 20…………………….

Signed…………………………….
Solicitor for claimant
(Defendant)

299
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 167

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY

ABUJA
PROBATE DIVISION
AFFIDAVIT OF ATTESTING WITNESS OF WILL

IN THE MATTER OF ............................................................................................. DECEASED

I, ...................................................................................................................................
of ……............................................................................................................ make Oath and say: I am one of
the subscribing witnesses to the last Will of .............................................................................. late of
…………………………….......................
………………………………………………………………………………………………. deceased
(The said Will being now hereto annexed). Bearing date of ........................................ day of
........................... 20 ............... and that the Testator.................................. executed that said Will on the day of the
date thereof by ......................................................................... and
the same now appears thereon in the presence of me, and of....................................
...............................................................................................................................the other subscribed witness thereto
........................................................... of us being present at the same time, and we thereupon attested and subscribed
the said Will in the presence of the Testator ………………………………………………………….

JURAT
2. That the said Will was, previously to the execution thereof as aforesaid

Correctly interpreted to the Testator ................................................................... in our presence

by................................................................................................ of
........................................................................... and the Testator. Appeared perfectly to understand the same.

BEFORE ME

COMMISSIONER FOR OATHS.

300
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 168

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY

ABUJA, NIGERIA

PROBATE REGISTRY
DECLARATION AS TO NEXT-OF-KIN FORM
Name (in full) …………………………………………………………. Deceased.
Address (at date of death) ………………………………………………………….
Was the Deceased permanently resident there? ……………………………………
Country of origin of the Deceased ………………………………………………….
………………………………………………………………………………………
Name of Wife/Wives or Address Form of Marriage (i.e Customary)
Law and customs or Marriage
Ordinance and date of such
Marriage
………………………………………………………………………………………
Name of Children Age Mother of each Child and Address
………………………………………………………………………………………
………………………………………………………………………………………
If any of the minor children of the Deceased are not resident with their mother, state with whom they
are now living
Name of such children Name and address or person with whom they live
………………………………………………………………………………………
………………………………………………………………………………………
(If space provided is insufficient particulars may be put on separate sheet)

Name and address of the Deceased’s father, Brothers

………………………………………………………………………………………
Mother ………………………………………………………………………………………
Sister ………………………………………………………………………………………
Have you any claim against the Estate? ……………………………………………
Who do you say is entitled beneficially to the Deceased property?
…………………………………………………………………………………………………………
………………………………………do solemnly and sincerely make the above declaration
conscientiously believing the same to be true and correct and by virtue of the provisions of Oaths
Act 1990, Declared at the Probate Registry, High Court of the F.C.T Abuja this …………………….
Day of ……………………………………………, 20…………………………

BEFORE ME

COMMISSIONER FOR OATHS.

301
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 169

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL

TERRITORY ABUJA
ADMINISTRATION BOND (WILL ANNEXED)

IN THE MATTER OF ......................................................................... DECEASED

KNOW ALL MEN, by these Present, that
we..........................................................................................................................................
…………………………………………………………………………………………………………
of..............................................................................................................................................................
and....................................................................................................................................................
of......................................................................................................................................................
are jointly and severally bound unto ....................................................................................... the
Chief Registrar of the High Court of Justice Abuja. in the sum of .................................................
naira, to be paid to the said ........................................................................................................
or the Chief Registrar of the said Court for the time being; for which payment we bind ourselves and each of us for
himself in the whole, our and each of our Heirs, Executors and Administrators, firmly by;
These presents. Sealed with our seals. Dated the .......................................................................... day
of........................................................ 20...........
The condition of the above written obligation is such, that if the above-named............................................ the
intended Administrator with Will annexed of the personal property of
.......................................................................................................... late of …………………….....................
............................................................................ deceased who died on the .......................................................... day of
........................................................................... 20.................. do make a true and perfect inventory of the personal
property of the deceased.........................................................................................................................................
Which has or shall come into...................................................................................... Possession, or into the possession of
any person for .................................................... and the same so made do exhibit into the High Court of Justice
of FEDERAL CAPITAL TERRITORY, whenever required by law so to do, and the same personal property
................................................................... and all other the personal property of the deceased, which shall at any time
after the making and exhibition of such inventory come into the possession of the said...................................................
or of any person for .............................................. do well and truly administer (that is to say) do pay the debts which
the deceased owed at........................................................................... death, then the legacies given by the said Will
annexed in the said Letter of Administration as for as such personal property will extend and
the law bind..................................................................................................................... And all the residue of the said
personal property shall deliver and pay unto such persons as shall be by law entitled thereto: and further do make a
true and just account of ..................................................... said administration whenever lawfully required then this
obligation shall be void, otherwise shall remain in force.

Signed, sealed and delivered by the above-named

In the presence of

302
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 170

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY

ABUJA, NIGERIA

LETTERS OF ADMINISTRATION (WILL ANNEXED)

BE IT KNOWN that ………………………………………………………..
late of ……………………………………………………………………………………
deceased,, who died on the.................... day of...................................................................., 20.............
at ......................................................................................................................... and who had at the time of his death his fixed place of abode
at...................................................................................... within the jurisdiction of this Court, made and duly executed
his last Will.......................................................................................................................................................and did therein name
...........................................................................................................................................................................................................

AND BE IT FURTHER KNOWN that on the......................................... day of .................. 20............

Letters of Administration with the said Will …................................................................... annexed of the personal
property of the deceased were granted by this Court to ................. ................................. he having been first duly sworn.

.....................................................................
Registrar

303
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 171

BANK CERTIFICATE

No………………………
PROBATE REGISTRY,
HIGH COURT OF JUSTICE,
ABUJA.
DATE …………………….

I hereby certify that: ……………………………………………………………

Has/have applied for Letters of Administration/Probate of the personal property of ………………

Deceased and has/have authority to enquire on my behalf as to any sum standing to the credit of the

deceased in the Books of any bank or as any debts due to the deceased by any other person.

(……………………………………………………)

FOR: PROBATE REGISTRAR

304
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 172

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY

ABUJA, NIGERIA

PROBATE REGISTRY

I N V E N T O RY
In the name of ............................................................................................................ (Deceased)
(Otherwise.......................................................................................................................................................................
..........) A true declaration of all the personal property of:- ……………
Late of .........................................................................................................................................
Deceased who died on the ............................................day of........................................................, 20……… at
.................................................................................................................................
at the time of his/her death his/her fixed place of abode is at …………………………
……………………………………………… Within the jurisdiction of this Court, which has at any time since
his/her death come to the possession or knowledge of ................................
..................................................................... the Administrator/Administratrix with the Will annexed of the
said......................................................... made and exhibited upon and by virtue of (The Oath of the said
........................................................................................................
..........................................................................................................As follows:-
First we/I declare that the Deceased was at the time of his/her death possessed of or entitled
to:
N K

Money in Bank.........................................................................................................
(a) Savings Accounk..........................................................................................
(b) Current Account...........................................................................................
(c) Deposit Account...........................................................................................
Money found at Home..............................................................................................
Debts due to the Deceased.......................................................................................
Particulars and value of property held by the Deceased as Lessee ………………
Stock-inTrade …………..............................................................................................
Motor Vehicles (buses, motor car, motor cycles).........................................................
Personal Chattels (in details).......................................................................................
Carried forward …………………………………………………………

305
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

BROUGHT FORWARD

TOTAL

Lastly, we/I say that no personal property of the Deceased has at time since his/her death come to
our/my possession or knowledge in here in hereinbefore set forth:
The foregoing having been first read in English Language
And interpreted to the Illiterate Deponent(s)
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
in ………………………… Language by me …………………………………..
and when …………………………………… seems perfectly to understand the same
before affixing ……………………………. Thumb print(s) thereon ……………

………………………………
Signature of Declarant

On the ……………………….. day of ……………………………………………,

20…………………
………………………………………………………………………………………
said ………………………………………………………………………………………

Sworn to the truth of the above written Inventory:

BEFORE ME

COMMISSIONER FOR OATHS

* The above Attestation Clause to be completed where Illiterate Deponents are.

306
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 173

IN THE HIGH COURT OF THE

FEDERAL CAPITAL TERRITORY, ABUJA

PROBATE REGISTRY

In the Estate of ……………………………………………………….. Deceased

Who died on the ……………… day of ……………………………… 20………..

PARTICULARS OF FREEHOLD/LEASEHOLD PROPERTY LEFT BY THE DECEASED

Full Address of If let, state of Rents paid Rates paid Capital Value
Property whom let per month per month at the death
(each of Deceased
Tenant’s
name should
be given)

Full particulars of the property must be given to enable the value …………………………
Executors or of the property to be assessed. The normal base of valuation ……………
Administrator is the value the property would have fetched.
*The foregoing having been first read over in English Language and interpretated to the Illiterate
Deponent(s) in ………………………………………………………….. Language by me
…………………………………………………… and when he/she/they seemed perfectly well to
understand the same before affixing his/her their signatures or left thumb impressions thereon.

307
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 174

IN THE HIGH COURT OF THE

FEDERAL CAPITAL TERRITORY ABUJA
PROBATE REGISTRY

OATH FOR EXECUTOR

IN THE MATTER OF ……………………………………………… DECEASED

We …………………………..……………………………………………………
of …………………………………………………………………………………
Make oath and say: That …………………………… ……………….. believe the paper writing
hereto annexed and marked by …………………………………….. to contain the true and original
Last Will of ………………………………………
Late of ……………………………………………………………………………..
(Deceased) and that ..……………………………………………………………… the Executors
therein named, and that ………………………………………….. …….……………….…….. will
faithfully administer the personal property of the Testator by paying
………………………………………….. just debts and the legacies given by
…………………………… will so far as ………………… ……………………. Personal property
shall extended and the Law bind …………………………….……. that
………………………………………….. Will exhibit and Inventory and render an account of
………………………….… ……………………….……. Executorship as lawfully required. That
the Testator lied at ………………………………………………………………………………
On the …………………………. Day of ……………………. 20………………. That at the time of
…………… Death ……………………………………… had
……………………………………………………… fixed place of abode at ……
………………………… within the jurisdiction of this Court and that the whole of
…………………..…… ………………………………………………………
Personal property does not amount in value to the sum of ………………………
…………………………………………………….. Naira to the best of …… Knowledge,
information and belief.
Sworn to at the Probate Registry,
High Court of the Federal Capital Territory, Abuja
This ………. Day of ………………. 20……………

BEFORE ME

COMMISSIONER FOR OATHS

308
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 175

IN THE HIGH COURT OF THE

FEDERAL CAPITAL TERRITORY ABUJA

PROBATE DIVISION
OATH LEADING TO RESEALING

IN THE MATTER OF……………………………………………… DECEASED.

I/WE, ……………………………………………………………………….
…………………………………………………………… make oath and say: -
1. That a grant of Probate of the Will*/Letters of Administration of the personal estate* of
…………………………………………………. Late of
.……………………………………………………………..........…..
Deceased, who died on the ……………………. Day of ………............ ……………..
20……………….. at ………………………………… was granted to
……………………………………………………………… by the
…………………………………. Court ……………………………… on the ………………
day of ……………………………, 20……………
2. That the said deceased was at the time of his/her death domiciled in
……………………………………………………………………………
(the following words to be struck out if inapplicable)
Within the jurisdiction of the said Court.
3. That the Notice hereunto annexed was inserted in the F.C.T of Nigeria Gazette and in the
................. newspaper on the ……………………….. day of ………………………20……
4. That I am the Attorney lawfully appointed of ……………………..............
………………………………………. uder his/her/their hand(s) and seal(s) and am duly
This paragraph to be
struck out if
application is made
personally by authorized to apply to this Court for the sealing of the said grant*/the person authorized in
writing by the said ………………
Executor(s)
/Administrator(s)

…………………………………………………………………………………. to apply on
his/her/their behalf for the sealing of the said grant.*
5. That the value of the personal estate in the FEDERAL CAPITAL TERRITORY amounts to
the sum of
………………………………………………………………………………………………
and no more to the best of my knowledge, information and belief.
6. That no minority or life interest arises.

__________________
Deponent
Sworn at the …………………………………………..……………………
This ……………………………… day of ………………………………………………….,
20………………………

BEFORE ME

COMMISSIONER FOR OATHS

309
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 176

FEDERAL CAPITAL TERRITORY JUDICIARY ABUJA

PROBATE DIVISION

JUSTIFICATION OF SURETIES

IN THE MATTER OF ....................................................................................................... DECEASED

We ….....................................................................................................................................................................................................................
of ....................................................................................................................................................................................
and ...............................................................................................................................................................................
of .................................................................................................................................................................................
severally make Oath and say, that we are the proposed sureties in the penal sum of .................………. Naira on behalf of
............................ the intended administrator(s)/administratix(es) of the personal property
of......................................................................late of ................... deceased, for his faithful administration thereof.
And I the said......................................................................................... for myself, make Oath
and say, that I am, after payment of all my just debts, well and truly worth in money and effects the sum
of.............................................. Naira.
(Sgd)........................................................
And I the said .........................................................................................................
for myself, make Oath and say, that I am, after payment of all my just debts, well and truly worth in money and
effects the sum of .....................................Naira

(Sgd) …………………………………………

Sworn to as the ................................................................................................

BEFORE ME

COMMISSIONER FOR OATHS

310
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 177

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL TERRITORY, ABUJA

NIGERIA
ADMINISTRATION BOND (WITHOUT WILL)
In the matter of ____________________________________________________ Deceased
KNOW ALL MEN BY THESE PRESENTS that we are jointly and severally bound unto the Probate Registrar of the High
Court of Justice of Abuja of Nigeria, in the sum of ____________ Naira, to be paid to the said
____________________________________________ or the Probate Registrar of the said Court for the time being; for
which payment we bind ourselves and each of us, for himself, in the whole, our and each of our heirs, executors and
administrators, firmly by these presents. Sealed with our Seals. Dated the ________________ day of
_________________________ 20__________
The conditions of the above-written obligation is such, that if the above-named
_____________________________________________________ the intended administer of the personal property of
_________________________________________________ late of ______________________________ deceased, who
died on the _____________________ day of ____________________ 20___________, do make a true and perfect
inventory of the personal property of the deceased which has or shall come into ____________________ possession, or into
the possession of any person for _________________________________
and the same so made to exhibit into the High Court of Justice Abuja of Nigeria as required by law so to do, and the same
personal property and all other personal properties of the Deceased which shall at any time after the making an exhibition of
such inventory come into the possession of the said ___________________________________________________
or of any person for ___________________________ do well and truly administer according to law (that is to say ) do pay
the debts which the deceased owed at _________________ death and all the residue of the said personal property do deliver
and pay to such person or persons as shall be entitled there by law, another do make a true and just account of
_______________________ administration as lawfully required, and the case it shall hereafter

appear that any Will was made by the deceased, and the executor or executors, or other persons therein named, do exhibit the
same for probate, then if the said ________________
_____________________________________________________________ being thereunto said ________________ do
render and deliver up the Letters of Administration to
______________________________________________________________ then this obligation shall be void otherwise,
shall remain in full force.

Signed, sealed and delivered by the above

Name
In the presence of

311
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 178

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL TERRITORY, ABUJA

NIGERIA

PROBATE DIVISION
Oath for Administration (Without Will)

In the matter of ……………..……………………………………………….……… Deceased.

I, ……………………………………………..………………………………………………
of …………………………………………………………………………………………….
make Oath and say, that ……………………………………………………………..… Late of
……………………………………………..……….………………………… deceased, died intestate
………………………………………………………………………………………
That I will faithfully administer the personal property of the deceased, by paying his/her just debts and distributing the
residue of his/her personal property according to law.
That I will exhibit an inventory and render in an account of my administration as lawfully required.
That the deceased died at …………………………………………………………… on the
…………………….. day of ……………………………………….., 20………………
That at the time of his/her death his/her fixed place of abode at …………………………. within the jurisdiction of
this Court.
And that the whole of his/her personal property does not amount in value to the sum of
………………………………………… Naira to the best of my knowledge, information and belief.

(Sgd) …………………………………………

Sworn to as the ................................................................................................

BEFORE ME

COMMISSIONER FOR OATHS

312
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 179
LETTER TO BANK (1)

Ref. No. …………………………..

PROBATE REGISTRY,
HIGH COURT OF JUSTICE,
FEDERAL CAPITAL TERRITORY
JUDICIARY, ABUJA.

DATE ……………..………

The Manager,
………………………………………
……………………………………..

RE: ………………………………………………………….. DECEASED

SAVING/ CURRENT NO …………………………………………………
FOR, THE SUM OF ……………………………………………………….

I have the honour to inform you that letters of Administration has been issued in respect of the above
name Deceased and Photocopy of Letters of Administration is attached.

For a circumstance which is based on our internal investigation you are now required to issue a
cheque which could be paid directly to this Registry in the name of the Probate Registrar for onward
payment to the deponents please, i. e Intended Administratrix(es)/ Administrators.

…….………………………
PROBATE REGISTRAR

313
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 180
LETTER TO BANK (2)

Ref. No. …………………………..

PROBATE REGISTRY,
HIGH COURT OF JUSTICE,
FEDERAL CAPITAL TERRITORY
JUDICIARY, ABUJA.

DATE ……………..…

The Manager,
………………………………………
……………………………………..

RE: ………………………………………………………….. DECEASED

SAVING/ CURRENT NO: ………….……………………………………
I have honour to refer to the sworn affidavit made by……………………. ……………… of
…………………………………………………... the
of the above named deceased in respect of outstanding credit balance of the said deceased’s account
with your bank.
I am satisfied that the sum of ………………………………………………
…………………………………………………….. (N………………………… K) could be paid
directly through this Registry to the next of kin after accepting the sworn affidavit.
The reason for the above order is because the amount involved does not come under warrant
of obtaining Letters of Administration and I honestly hope that you act accordingly by paying the
next of kin as per attached sworn affidavit please.
The cheque could be paid directly to this Registry in the name of the Probate Registrar,
please.

_______________
(Chief Registrar)

314
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 181

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL TERRITORY, ABUJA

PROBATE DIVISION
ADMINISTRATION BOND ON APPLICATION FOR RESEALING

IN THE MATTER OF ……………………………………….……… DECEASED.

KNOW ALL MEN by these Presents that we ……………………………….
Insert full names,
addresses and
description(s) of
…..………………………………………………………………………………………………………
person(s) to whom the
grant was made ……………………………………………………………… and
……………………………………………………………………………………………………………………
…………………………………………………Are jointly and severally bound unto the Probate
Registrar of the High Court of Justice of the FEDERAL CAPITAL TERRITORY in the sum of
……………………………………………………………………… Naira.
Unless otherwise
directed, the sum to
be inserted should be For the payment of which to the said Probate Registrar we bind ourselves and each of us and
double the gross value
of the personal estate
our executors and administrators/ successors* Sealed with our seals.
DATED the …………….. day of …………………….. 20…………………..
Insert full names, The condition of this obligation is such that if ……………………………..
addresses and
description(s) of …..………………………………………………………………………………………………………
person(s) to whom the
……………………………………………………………………………………………………………………
grant was made

Description of Court
…………………………………………….…………The administrator(s) [with the Will and Codicil(s)
by which grant was
issued
annexed] acting by the authority of the ………………… Court of
………………………..…..…………
…………………………………………………………………………………………………
………. under Letters of Administration [with the Will and Codicil(s) annexed] issued at
……………………………………………...on the …………………………….. day of
………………………………., 20……………….. and now about to be resealed in the
Full names and
address of the
FEDERAL CAPITAL TERRITORY of the estate of .....................................................
Deceased …………………………………………………………………………..
Deceased who died on the ………………….. day of …………………………..,
20………………. do, when lawfully called on in that behalf, make or cause to be made a
true and perfect inventory of the personal estate of the said deceased in the F.C.T ABUJA of
Nigeria, which has or shall come to the hands, possession or knowledge of the said
administrator(s) and to exhibit the said inventory or cause it to be exhibited in the Probate
Registry of the High Court of Justice of the F.C.T of Nigeria, whenever required by law so to
do and do well and truly administer the said
Full names of
principal sureties estate according to law; and further do make or cause to be made in true and just account of
the administration of the said estate in the F.C.T of Nigeria whenever required by law so to
do; then this obligation shall be void and of no effect, but shall be otherwise remain in full
force and effect.
315
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

Signed, sealed and delivered by the within-named

…………………………………………………………
Signature………………………………
Signature………………………………
Signature………………………………
Signature……………………………….

In the presence of:

*Delete as necessary

…………………………………………………..
Commissioner for Oaths

____________________
Supplied by:

316
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 182

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL

TERRITORY
ABUJA - NIGERIA
STATUTORY AFFIDAVIT OF NEXT OF KIN
I, ______________________________________ of ______________________do make oath and say,
as follows:-
1. That I am the _______________________________ of __________________ Late of
______________________________________________________________________
2. That the said _____________________________________________________ died on
________________________ day of ___________________________ 20________
3. That the said _____________________________________ Was working under the
________________________________________________________________
4. That the deceased________________________________________________
had a Saving/Current Acct/NPF with the ______________________________
5. That during the lifetime of the said ____________________ he/she nominated as his/her next of
kin.
6. That in view of the above mentioned facts I pray for the release of his/her money to be paid to me.
7. That I swear to this affidavit conscientiously believing same to be true of the Provisions of the Oaths
Acts, 1990.
Date___________________________ 20__________ _____________________
Signature or Mark of Deponent

I certify that the above affidavit has been read over and or interpreted to the illiterate deponent
and that he/she appears to clearly understand same before affixing his/her mark to it in my presence.

Date __________________________
_________________________
Signature or Mark of Interpreter
Sworn to at the High Court Registry, Abuja. This ___________________________ day of
_________________________ 20 _______

BEFORE ME
COMMISSIONER FOR OATHS
Fees paid _______________________________________
Receipt No. _______________________________
Date _____________________________________

317
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 183

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA NIGERIA

PROBATE REGISTRY

APPLICATION FOR A GRANT OF LETTERS OF ADMINISTRATION (WITHOUT

WILL)
IN THE ESTATE OF ………………………………………………… (Deceased)
Otherwise …………………………………..………………………………………
I/We …………………………………………………………………………….. of
……………………………………………………………………………………..
(2) ……………………………………...……………………………………….. of
(3) ……………………………………………………………..………………….. of
……………………………………………………………………………..…….
(4) ………………………………………………………………………….. of
………………...…………..
Relationship ……………………………………………………………………….
Respectively of the Deceased hereby make application for a grant of Letters of Administration of
the Estate of ……………………………………………………………………………………
Late of …………………………………………………………………………….
Occupation ………………………………………………………… who died at
…………………………………………………………………..………………..
On the ……………………. Day of ………………………….. 20……………….
2. The Deceased left real and personal property to the value of
……………………………………………………………………………………..
All/part of which was situated within the jurisdiction of the F.C.T. High Court Abuja, Nigeria.
3. The inventory which accompanies this application contains particulars of the personal
property of which the Deceased possessed and in respect of which a grant is required. The Form
“R” hereto annexed is a true declaration of the real property left by the Deceased in respect of
which a grant is also required.
4. A Schedule of Debts due by the Deceased and Schedule of the Deceased’s funeral expenses
are annexed and marked Part I and Part II respectively.
5. This application is accompanied by:
(a) Oath for Administration (Without Will)

318
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

(b) Administration Bond (Without Will)

(c) Declaration as to Next-of-Kin Form
(d) Inventory

(e) Schedule of Debts and Funeral Expenses

(f) Form “R” (Particulars of Realty)
Dated this …………………………… day of ……………………………
20………………………
1. …………………………………
2. …………………………………
3. …………………………………
4. …………………………………
5. …………………………………

JURAT: The foregoing having been read over and interpreted to the applicants
…………………………..…………………….. in …………………
……………………………………………………. language by Mr. ……………………... when
he/she/they seemed perfectly to understand same before affixing his/her/their thumb prints thereon.
________________

Interpreter

319
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 184

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA NIGERIA

PROBATE REGISTRY

OATH FOR DOUBLE PROBATE

IN THE MATTER OF ……………………………………………… (Deceased)

I, ………………………………………………………………………………….
make oath and say:-
1. That I believe the paper writing now produced to and marked by me to contain the true and
original Last Will and Testament of ………………………………………………………..
Deceased, who died on the …………….. day of …………………………………….
20…………….. at
.........................................…………………………………………………………….................
2. That on the ……….. day of ………………………, 20………………………

Probate of the said Will was granted at the Probate Registry of this Honourable Court to
……………...................................................................…
of the Executors named in the said Will, power being reserved of making the like grant to the
other Executor therein named;
3. That I am the ………………… of the said deceased and the other Executor named in the said
Will; and that I will administer according to law both the real and personal property of the said
deceased;
4. That I will exhibit a true and perfect inventory of the said estate and render a just and true
account thereof whenever required by law so to do;
And that the gross value of the said estate now unadministered amounts to N
……….……………………………… and no more, to the best of my knowledge, information and
belief.
____________
Deponent
Sworn to at the F.C.T High Court
Probate Registry, Abuja, this …………………….. day of ………………………..
20……………………………..

BEFORE ME

COMMISSIONER FOR OATHS

320
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 185

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA NIGERIA

PROBATE REGISTRY

APPLICATION FOR GRANT OF DOUBLE PROBATE OF THE WILL

IN THE ESTATE OF ………………………………………………… (Deceased)

I/We ………………………………………………….. of ………………………..
……………………………………………………………………………………..
Hereby make application for grant of Double Probate of the Will of ……………
…………………………………………………………………………………….
Late of ………………………. who died at ……………………………………
……………………………….. on the …………………………….. day of
…………………………………… 20……………
I/We ……………………………………………………………………………… the Executors
named in the said Will, for whom power was reserved to make this application who probate was
granted on the ………….. day of ………………………… 20…………… to my Co-
Executrix/Executors.
The said deceased left property to the value of
……………………………………………………………………………. (presently approximated
as N…………………………………………………………………………..) all of which was
situated within the jurisdiction of the F.C.T High Court Abuja, Nigeria.
Inventory which accompanies this application contains particulars of the personal property of which
the deceased possessed and in respect of which a grant is required.
This application is accompanied by
(a) Oath for Double Probate

(b) Inventory, and

(c) Particulars of Realty.
Dated this ………. Day of ……………………………….. 20……………………

321
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 186

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA NIGERIA

PROBATE REGISTRY
RENUNCIATION OF PROBATE OR ADMINISTRATION (WILL ANNEXED)

IN THE MATTER OF ……………………………………………… (Deceased)

WHEREAS ……………………………………………………………………
late of ………………………………………………………………………….
deceased, died on the ……………. day of ……………………………………… at
………………………………… having at the time of ……………………….. death
………………….. fixed place of abode at ………………………………… within the jurisdiction
of this Court; and whereas …………………………… made and duly executed ……………….
Last Will dated the …………………….. day of ………………………………………..
20……………. And thereof appointed me
……………………………………………………………………. Executor.
NOW I, THE SAID:
……………………………………………………………………………………
do hereby declare that I have not intermeddled in the personal property of the deceased, and will not
hereafter intermeddle therein, with intent to defraud creditors or any person interested in the
administration or distribution of the property of the deceased; and further do hereby expressly
renounce all right to probate of the said Will and to Administration with the said Will annexed, of
the personal property of the deceased.
IN THE WITNESS whereof I have hereto set my hand this ………. day of
……………………. 20…..
Signed by the above named ……………………………………

In the presence of ……………………………………………….

…………..………………………….….
Probate Registrar

322
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 187

FCT HIGH COURT OF JUSTICE, ABUJA

DEPARTMENT OF LITIGATION

(PROBATE UNIT)

ACKNOWLEDGEMENT OF DEPOSIT/ WITHDRAWAL OF WILL

I___________________________ acknowledge that _______________________

(Named of schedule officer) (Name of Solicitor/Testator)

Deposited/Withdrawal of the Will of ______________________________ on the

Testator
_____________ day of _________________________, 20________ in custody of the Probate
Registrar.

We both append our full names and signatures thereto in the presence of the Director of Litigation.
(A Sealed copy of the Will is hereby accepted for custody in Probate, FCT High Court, Abuja).
Named _______________________ Named ____________________
Signed _______________________ Signed ____________________
Date _________________________ Date ______________________
Named ___________________________
Signed ____________________________
Date _____________________________

DCR PROBATE

FOR: Probate Registrar

323
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 188

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA NIGERIA

PROBATE REGISTRY

Reference No………………………

SUPPLEMENTARY INVENTORY TO LETTERS OF ADMINISTRATION GRANTED TO

____________________________, (BOTH LAWFUL NEXT OF KIN) IN RESPECT OF THE
SAID (DECEASED)’S PROPERTY.

INVENTORY
N______________K

MONEY IN BANK PLC

SCHEDULE OF COURT FEES

N______________K

LEGAL Notice Deposit Fee …………………………………………………….

Application Fee …………………………………………………………………..
Filing Inventory …………………………………………………………………..
Filing Oath for Administration (Without Will) ………………………………….
Taking Justification of two sureties ……………………………………………
Estate Fee On …………………………………………………………………..
______
Total Fees ………………………………………………………………………….

______

Receipt No. ……………………

of ………………….. day of ………………….., 20……………

…………..………………………….….
Probate Registrar

324
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 189

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY ABUJA NIGERIA

PROBATE REGISTRY
Reference No……………………

INVENTORY FOR THE RESEALING OF LETTERS OF ADMINISTRATION (WITHOUT

WILL)

INVENTORY
N______________K

Application Fee …………………………………………………………………..

Filing Inventory …………………………………………………………………..
Filing declaration as to next of kin ……………..……………………………….
Filing oath for resealing ………….…………………………………………
Filing administration bond on application for resealing ..………………..
Taking justification of two sureties ……………………………………………
Estate Fee ………………………………………………………………………..
______

Total Fees ………………………………………………………………………….

______
Receipt No. ……………………
of ………………….. day of ………………….., 20……………

AT COVER NOTE

IN THE HIGH COURT OF JUSTICE OF ABUJA F.C.T

IN THE MATTER OF ___________________________ (DECEASED). Resealing by the direction

of the High Court of Justice, Abuja of Nigeria this ……………….. day of
………………………….., 20…………..
THE LAWFUL WIDOW OF THE SAID DECEASED.

…………..………………………….….
Probate Registrar

325
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 190
PREAMBLE TO LETTER OF ADMINISTRATION

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY

ABUJA
FCT/HC/PM/…………………………
Probate Registry
On ………………....,20……………
Before Hon. Justice
…………………………….
Chief Judge’s Chambers

IN THE MATTER OF AN APPLICATION FOR THE GRANT OF LETTERS OF

ADMINISTRATION OF THE ESTATE OF THE SAID
……………………………………………………………………… (DECEASED)

“A” Upon reading the Application of ______________ dated __________, 20_____

“B” And upon publication having been duly made in ________________ Newspaper of
__________________________
“C” And after reading the oath of the said _____________________, dated
____________________________________________
“D” And upon the renunciation of _________ dated _______ day ______, 20____
“D1 and D2” The bond and justification of two sureties ____________________
Were duly executed and sworn to _____________ of __________, 20______
IT IS ORDERED that Letters of Administration of the above named Deceased be
issued under the Seal of High Court of Justice FCT, Abuja to said
________________________
_______________________. Being the lawful WIDOW/ DAUGHTER/ SON, etc of
the deceased.
____________________________________________________________
“E” INVENTORY N K
____________________________________________________________

_________________________
CHIEF JUDGE

326
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 191

IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY

ABUJA

PROBATE DIVISION

LETTERS OF ADMINISTRATION (WITHOUT WILL)

BE IT KNOWN that on the ________ day of _______, 20_____ Letters of

Died on or about _________________________, 20_____________

Administration of the personal/real property of _________ of _________________ ABUJA

Sworn under N _____________________ K and that the intestate

Deceased who died on the ________ day of ______________, 20______, intestate and had at

the time of HIS death HIS bonafide place of abode at Abuja within the jurisdiction of the

Court were granted by this Court to the said ________________, of _____________ being

the lawful WIDOW/ DAUGHTER/ SON, etc of the said deceased having been first duly

sworn.

…………..………………………….….
Probate Registrar

327
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 192

SCHEDULE TO LETTERS OF ADMINISTRATION

ASSETS OF THE SAID __________________________________________ (DECEASED)

IN THE FEDERAL CAPITAL TERRITORY, ABUJA OF NIGERIA

INVENTORY
N______________K

SCHEDULE OF COURT FEES

N______________K

LEGAL Notice Deposit Fee …………………………………………………….

Application Fee …………………………………………………………………..
Filing Inventory …………………………………………………………………..
Filing Declaration as to the Next of Kin ……………………………………….
Filing Administration Bond (Without Will) ……….…………………………….
Filing Oath for Administration (Without Will) ……….…………………………
Filing Renunciation of Administration (Without Will) ……….………………….
Drawing up Order for Grant ……………………………………………………..
Taking Justification of two sureties ……………………………………………
Estate Fee N………………………………………………………………………..
______
Total Fees ………………………………………………………………………….

______

Receipt No. ……………………

of ………………….. day of ………………….., 20……………

……..………………………….….
Probate Registrar

328
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FORM 193
PROBATE REGISTRAR’S LETTER TO CHIEF JUDGE

IN THE HIGH COURT OF JUSTICE

OF THE FEDERAL CAPITAL TERRITORY, ABUJA
PROBATE DIVISION

Ref: ___________________________ PROBATE REGISTRAR,

High Court of Justice,
FEDERAL CAPITAL TERRITORY,
ABUJA.
THE HONOURABLE CHIEF JUDGE,
High Court of Justice,
FEDERAL CAPITAL TERRITORY,
ABUJA.
_________________________________________________________ Deceased
Papers herein are submitted together with the Order Book
2. May Letters of Administration/Probate issue to the Petitioners
………………….., (ALL LAWFUL NEXT OF KIN) of the Deceased
“A” 3. Application for Letters of Administration/Probate dated
The ___________ Day of ______________, 20_______ Filed.
“B” 4. Renunciation/Probate of Attorney of __________________
Filed/sworn on the _______________ Day of ___________
“C” 5. Notice of Publication have been publicly displayed ______
_____________________, 20________ And/Or Published in the Federal
Capital Territory of Nigeria Gazette.
“D1 and D2” 6. Oaths of the said Sworn to and filed on the ______ day of _
, 20______
“E” 7. Bond in the sum of N_____________________K Executed.
“F” 8. All fees have been paid.
“G” 9. NO CAVEAT LODGED.
AT COVER
DATED AT FCT HIGH COURT, THIS _____ day of _______ 20________
_________________________
PROBATE REGISTRAR

ORDERED AS PRAYED

________________________ ____________
CHIEF JUDGE Date

329
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FIRST SCHEDULE
(Order 50, rule 22)
(Order 65, rule 1)

FEES PAYABLE AND ALLOWANCES TO WITNESS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA

PART I

FEES PAYABLE PAYABLE IN THE HIGH COURT OF THE FEDERAL CAPITAL

TERRITORY, ABUJA ON COMMENCEMENT OF CAUSES OR MATTERS OTHER THAN
MATRIMONIAL OR LEGITIMACY CASES

Item Matter Court Fee

N K
1. For the recovery of a specific sum –
(a) Not exceeding N250,000.00 ………………………………………. 2,500.00
(b) Exceeding N250,000.00, N10.00 per each additional
N250,000.00 or part thereof so however that the court
shall not exceed the maximum of N3,000.00…………………….…2,500.00
(c) Maximum fee …………………………………………………….... 30,000.00
2. For the recovery of an unspecified sum, the fee payable is the
same as the maximum fee under item 1(c) namely …………………….…. 30,000.00
3. For an account to be taken and payable of the sum found due –
(a) Initial fee ……………………………………………………….…... 500.00
(b) Second fee (payable before setting down for judgment):
N100.00 per N100,000.00 or part thereof found due
in excess of N250,000.00 ………………………………………….. 500.00
(c) Maximum fee ………………………………………………………. 30,000.00
4. For possession of property, as between landlord and tenant –
(a) Where the annual rent or value does not exceed
N250,000.00 ………………………………………………………..2,500.00
(b) Where the annual rent or value exceeds N250,000.00
N25.00 per N1000.00 or part thereof ……………………………….2,500.00
(c) Maximum fee ………………………………………………………30,000.00
5. For a declaration of right of occupancy to land …………………………….6,000.00
6. Claim for possession of property (other than as between landlord
and tenant) …………………………………………………………………. 6,000.00
7. For the administration of the property of a deceased person where
there is no dispute regarding succession or distribution –
(a) Where the gross value of the property does not exceed
N250,000.00 ………………………………………………………...2,500.00
(b) Where the gross value of the property exceeds
N250,000.00 ……………………………………………………..….500.00
(c) Where no value can be specified …………………………………….6,000.00
8. For the administration of property of a person of unsound mind:
Same as under item 7

330
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

9. For the determination of a question relating to the distribution of

Or succession, to the property of a deceased person
Or to a trust whether the person who creased the trust is dead or alive
(a) Where the gross value of the deceased or of property
under trust does not exceed N250,000.00 …………………………..2,500.00
(b) Where it exceeds N25,000.00: N50.00 per
N100,000.00 or part thereof ………………………………………….500.00
(c) Where no gross value can be specified …………………………..….10,000.00
(d) Maximum fee ………………………………………………….….…30,000.00
10. For any other relief or assistance not specially provided for …………...……5,000.00

MATRIMONIAL CAUSES COURT FEES

N K
11. Filing an application under Section 30 of the Matrimonial Causes
Act, (Cap.220) for leave to institute proceedings ……………………….……1,000.00
12. Filing a petition or supplementary petition ………………………………..….1,500.00
13. Sealing a notice of petition or notice of proceedings in place
of a lost notice …………………………………………………………………. 500.00
14. Sealing a concurrent notice of petition or notice of proceedings ……………… 500.00
15. Extending the time for serving a notice of petition or notice
Proceedings …………………………………………………………….……… 500.00
16. Filing an answer or supplementary answer by which the
Respondent to a petition institutes proceedings of a kind
referred to in paragraph (a) or (b) of the definition of
“Matrimonial Cause” in Section 114 of the Matrimonial
Causes Act, (ap.220) that is to say –
(a) Proceedings for a decree of –
(i) Dissolution of marriage;
(ii) Nullity of marriage;
(iii) Judicial separation;
(iv) Restitution of conjugal rights; or
(v) Jactitation of marriage ……………………………………….… 1,500.00
(b) Proceedings for a declaration of the validity of the
Dissolution or annulment of a marriage by decree or
otherwise or a decree of judicial separation, or for a
declaration of the continued operation of a decree of
judicial separation or for an order discharging a decree
of judicial separation ………………………………………………..……1,500.00
17. Filing any other answer or supplementary answer …………………………...…..1,000.00
18. Filing a reply by a party cited by a person named in an answer ………………....1,000.00
19. Amending a pleading by virtue of paragraph (a) of sub-rule (1)
of Order VIII, rule 3 of the Matrimonial Causes Rules ……………..………….. 500.00
20. Filing a notice of address for service …………………………………………….. 500.00
21. Filing a notice of change of address for service …………………………………. 500.00

22. Filing a request under rule 39 of Order XI of the Matrimonial

Causes Rules to be set a defended suit down for trial ……………..……. 1,500.00

331
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

23. Filing a request under rule 41 of Order XI of the Matrimonial

Causes Rules to set a defended suit down for trial ………………..…….. 2,000.00
24. Issuing a certificate that a decree has become absolute …………………. 500.00
25. Filing an application under the Third Schedule to the
Matrimonial Causes Act, (Cap.220) ……………………………………… 500.00
26. Filing an application to the Court other than an application
referred to in item 11 or 15 ………………………………………………. 500.00
27. Filing an application for a certificate of means, not being an
Application filed as a result of a great being unable to make
an assessment until the certificate has been issued …..……….…………. 500.00
28. Filing any other application to a Registrar …………….………..……….. 500.00
29. Filing a request for assessment of maintenance pending suit …….……... 500.00
30. Filing a request to refer proceedings for ancillary relief, other
than proceedings instituted by the filing of an application
to the Court under rule 7 or 20 of Order XIV of the
Matrimonial Causes Rules …………………………………………………500.00
31. Filing a request to refer maintenance proceedings to the Court
under rule 11 of Order XIV of the Matrimonial Causes Rules ……………500.00
32. Stating at the request of a party, a matter for the opinion of
The Court under rule 10 of Order XIX of the Matrimonial
Causes Rules ……………………………………………………………… 500.00
33. Filing a request for a review of a Registrar’s decision …………………… 500.00
34. Filing a consent order, other than a consent order determining
proceedings instituted by application to the Court or
determining an application made to a Registrar ……..…………………….. 500.00
35. Giving a certificate of a decree or order for registration in a
Another Court ……………………………..………………………………. 500.00
36. Registering a decree or order under Section 89 of the
Matrimonial Causes Act (Cap.220) ………………………………………... 500.00
37. Filing a request under rule 5 of Order VI of the Matrimonial
Causes Rules for service in a country that is a party to a
Convention regarding Legal Proceedings in Civil and
Commercial Matters ……………………………………………………….. 5,000.00
38. Filing a notice of intervention by a person other than the
Attorney-General of the Federation or a delegate of the
Attorney-General ………………………………………………………….. 1,000.00
39. All other fees payable shall be in accordance with the fee
payable under the Rules of Court or other provisions
relating to the practice and procedure of the High Court.

LEGITIMACY CASES
40. For the petition ……………………………………………………………… 2,500.00
41. For a sealed decree or copy thereof …….…………………………………… 500.00

332
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

PROBATE AND ADMINISTRATION

42. On drawing up an administration decree …………………………………….. 1,000.00

43. On drawing up order on further consideration
where the property administered exceeds N400.00 ……………………….… 1,000.00
44. On filing application for probate or administration ……………………..…… 1,500.00
45. On filing oath of executor or administrator ………………………………….. 500.00
46. On taking justification of sureties: for each surety …………………………... 500.00
47. On filing administration bond ………………………………………………... 1,000.00
48. On entering a caveat ………………………………………………………..… 500.00
49. On every warning to a caveat …………………………………………………. 500.00
50. On probate or letter of or order for administration: where the
Value of the property affected by the grant or order –
(a) Does not exceed N500,000.00 ……………………………………….... 5,000.00
(b) Exceeds N500,000.00 but does not exceed N1,000,000.00 ………….. 10,000.00
(c) Exceeds N1,000,000.00, N1,000.00 per N100,000.00 thereof.
51. On inventory taken by a Court Officer …………………………………………. 1,000.00
(a) For the first three hours or part thereof ………………………………… 1,000.00
(b) For every subsequent hour or part thereof ……………………………… 500.00
52. On application to search index to a grant or will or to
Respect a grant or will …………………………………………….…………….. 1,000.00
53. On deposit of Will for safe custody ……………………….…………………….. 5,000.00

APPLICATION, AFFIDAVITS, JUDGMENT, ORDERS

SECURITY BONDS, WARRANTS AND WRITS
N K

54. On application for a writ of Habeas Corpus ……………………….……… 2,000.00

55. On filing any other application ……………………………………….….. 1,000.00
(a) If alone ……………………………………………………..…….. 1,500.00
(b) If accompanied by other papers ……………………………….……. 200.00
56. On filing an affidavit ………………………………………………………. 500.00
57. On filing a security bond ………………………………………………… 500.00
58. On filing any other paper ……………………………………………….… 500.00
59. On justification of sureties: for each surety ……………………………… 500.00
60. For the issue of a warrant to detain an absconding defendant ………….… 500.00
61. For the issue of Habeas Corpus …………………………………………... 2,000.00
62. For the drawing up of any order or judgment …………………………….. 2,000.00
63. For a special interpreter of a language not in common use:
per day or part thereof as the court may order but not
exceeding ………………………………………………………………….. 1,000.00
64. For an inquiry by a court officer where so ordered: for each sitting …………2,000.00
65. For an account taken by a court officer where so ordered: per
N100.00 or part thereof found to have been received ………………………... 1,000.00
66. For taking down a person’s statement where so ordered
As the court may direct ……………………………………………………….. 1,000.00

333
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

67. For searching the archives: for each period of six months or
part thereof ……………………………………………………………………. 500.00
68. For drawing up a bill of costs where so directed: per folio
of 72 words ……………………………………………………………………… 500.00
69. For taking cost where so directed: per N10.00 or part thereof ………………… 1,000.00
70. For preparing a copy where authorized: per folio of words ……………………... 500.00
71. For every subpoena ……………………………………………………………… 500.00
72. On warrant for prisoner to give evidence ………………………………………. 500.00
73. On commission to take evidence:
(a) Out of the jurisdiction ……………………………………………….… 5,000.00
(b) Within the jurisdiction ……………………………………………….. 2,500.00
74. For attesting the execution or signature of an instrument
(other than an instrument regarding payment of pension
by Government) not otherwise provided for ………………………………... 500.00
75. For swearing an affidavit or making a declaration (other
Than under Act (Cap.549) the Sales by Auction Act
(Cap.549) or the Marriage Act (Cap218) or one required
By the Regulations of a Government Department) per
Deponent ………………………………………………………………. 2,000.00
76. For marking any paper annexed to an affidavit or declaration ………….. 100.00
77. For sealing any document not in a proceeding …………………………..… 500.00
78. For certifying a copy as a true copy per folio of 72 words or
Part thereof ……………………………………………………………. 500.00
79. For payment into court (except when ordered by the court or
Proceeds of execution):
(a) Not exceeding N100,000.000: per N20,000.00
or part thereof ………………………………………………….… 1,000.00
(b) Maximum fee payable ……………………………………………. 6,000.00
80. On appointment of commissioner to administer oaths
And take declarations (not being a Government Officer) ……………… 2,000.00
81. For sealing a letter of request ………………………………………….. 2,000.00
82. On transfer of a foreign judgment …………………………………. 5,000.00
83. For certificate of service of foreign process (where not
Disallowed by convention) …………………………………….. 1,000.00
84. On every petition to the Chief Judge or Judge or a Registrar
(not being an application otherwise provided for) unless
Waived by a Judge or the Chief Registrar ………………………..………… 500.00
85. For the service of any document or process initial fee plus
Kilometer charges …………………………………………………)
(a) If within a kilometer from the court ……………………….)
(b) For every subsequent distance or part thereof (one)
As attached way ………………………………………….)
(c) If beyond five kilometers per day or part thereof of the
Time needed for travelling ………………………………….)

334
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

TRANSFER OF CASES
N K

86. On application to transfer a civil case before the High Court

From one Judge to another, or to a Magistrate, or to a
Customary Court, save where the application is allowed to
Be made orally at the hearing of the case ………………………………. 2,000.00
87. On an order transferring a civil case before the High Court
from one Judge to another, or to a Magistrate, or to a
Customary Court, where the order is made on the application
of a party ……………………………………………………………. 2,000.00

88. On an application to the Chief Judge or a Judge to transfer a

civil case from one Magistrate's Court to another Magistrate's
Court or to the High Court, or from one Magistrate to another
within the same district ……………………………………………. 2,000.00
89. On an order transferring a civil case from one magistrate's
Court to another Magistrate's Court or the High Court, or from
one Magistrate to another within the same district where the order
is made on the application of a party ………………………………… 2,000.00
90. On setting down for hearing a civil case transferred from a Magistrate's
Court to the High Court, whether or not the transfer was made on
the application of a party, the difference between the fee for instituting
the case in the Magistrate's Court and the fee which would have been
charged had the case been instituted in the High Court in the first instance,
or whichever be the greater ……………………………………………… 1,500.00

CUSTOMARY COURT CASES

91. On setting down for hearing a civil case transferred to or ordered to be retried
by the High Court, where the transfer or retrial was ordered on the application
of a party: the fee which would have been paid if the case had been instituted in the High Court.
92. Appeals:
(a) on the petition, if in time
……………………………………… 1,000.00
(b) On the petition, if out of time
…………………………….............. 2,000.00
(c) If not dismissed summarily, on setting down for hear
ing ……………………………………………………..….. 2,000.00
(d) Copies of customary court record or petition of
appeal
Whether for use of court or of respondent per folio of 72
Words …………………………………………………………….. 500.00

93. Giving notice to a respondent ………………………….…………… 500.00

94. For proceedings or services other than those provided for in items 92 to 94 the same fees as are chargeable in
a case begun in the High Court.

335
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FEES PAYABLE IN CRIMINAL APPEALS FROM THE MAGISTRATE'S COURT

95. (a) Fees payable to Magistrate’s Court: upon giving or

Recording notice of appeal (whether verbal or in writing) ………….……………. 500.00
(b) Filing memorandum or grounds of appeal ……………………………........... 1,000.00
(c) Service of grounds of appeal on, or notice to
Respondent ……………………………………………………………..………… 500.00
(d) Certified copy of proceedings per folio ………………………………..…… 1,000.00
(e) Copies thereof for respondent per folio ……………………………………... 1,000.00
96. Fees payable to the High Court: Entering an appeal to
The Court of Appeal on a matter of Law ……………………………………...… 2,000.00
97. (a) Fees payable to Magistrate's Court or High Court on
every subpoena (unless specially directed by the court
to be issued) ………………………………………………………… 500.00
(b) service of subpoena ………………………………………… . 2,000.00

FEES PAYABLE IN CIVIL APPEALS FROM THE MAGISTRATE'S COURT

(Order 50, rule 22)

98. On an application under section 54(3) of the Magistrates'

Courts Law or on filing a notice of appeal: the same fee as
is chargeable on the summons on commencement of the
suit to which the application or appeal relates.
99. In respect of any other matter or service the following fees shall be paid:
(a) where the matter or service is to be done or rendered in the Magistrates' Court
the same fees as would be payable if the case were still pending before that
court;
(b) Where the matter or service is to be done or rendered in the High Court the same fees as are
payable in a case pending before the court subject to this qualification, namely, that where
various fees are provided for the same matter or service, the lowest rate shall be charged.

336
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

PART II
ALLOWANCES TO WITNESSES

SECOND SCHEDULE
(Order 50, rule 23)
(Order 64, rule 1)

ALLOWANCES TO WITNESSES

Professionals, mercantile agents, bank managers, surveyors

And any officer of the public service whose salary is not less ) Adopt
Than Grade Level 08 ……………………………………………………….) Annexture A

Merchants, captains of ships, mercantile assistants and

Officers in the public service whose salary is N600.00 but
Less than Grade Level 08 …………………………………………………..

Auctioneers, master tradesmen, pilots, clerks and the like ………………….

Officers in the public service whose salary is less than Grade Level 08 ……

Artisans, journeymen and the like ……………………………………………

Others not specifically provided for or whose income is less than

N1,200.00 per annum ………………………………………………………..

Total Allowances
(a) By private car per kilometer …………………………………………
(b) By private motorcycle per kilometer ………………………………..

Note
The travelling expenses of witnesses shall be allowed according to the sums reasonably and
actually paid by them.

No allowance is made to an officer of the public service who is summoned as a witness by any
department of the Government. In all other cases he is allowed costs and travelling expenses as if he
were not in the public service.

Fees, costs and expenses payable to an officer in the public service shall be paid into revenue unless
otherwise ordered.

337
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

THIRD SCHEDULE (Order 52)

NOTARIES’ FEES OF OFFICE

Noting protest on bill or note ………………………………………………. ) Adopt
Extending protest on bills of exchange or promissory notes ………………) Annexture A
Should the acceptor or drawer of a bill or note reside out of
town, and the notary have to present the bill or note, a further
charge for the first two kilometers of …………………………………………………..
minuting or noting ship’s protest ……………………………………………………….
Extending ship’s protest ………………………………………………………………..
Furnishing copy of extended protest …………………………………………………..
Attestation to any document …………………………………………………………...
Declaration thereto for each additional declarant …………………………………….
Attendances each ……………………………………………………………………….
Translations for every folio of seventy-two words ……………………………………..

338
 High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 2018

FIFTH SCHEDULE
(Order 64, rule 2)

REGULATIONS REGARDING FEES

Fees to be paid 1. No summons, warrant, writ or subpoena shall except by special order of the court
before issue of be issued until –
process

(a) All fees payable thereon as contained in the appropriate schedule of fees shall
have been paid; and
To be carried to
account on
process being (b) An account thereof, initialed as received, shall have been set forth by the
signed
Documents to be
officer issuing the process both in the margin and in the counterfoil thereof.
endorsed with
amount of fees 2. All such fees shall be carried to account immediately on the process being signed
and number of
receipt by the Judge.

3. Every document, for or in respect of which any fee or fees shall have been paid,
Counterfoil receipt shall bear an endorsement initialed by the Registrar or other officer showing the
to be produced on amount of the fee or fees so paid and the number of the receipt referring to the
signature
No document to payment.
be used, unless fee
paid
Provided that when any form of process specifies the fees thereof, it shall be
Fees for service, sufficient for the Registrar or other officer to initial the amount of such fees
etc. to be paid into appearing thereon, and to quote the number of the receipt.
revenue
Mode of returning
fees 4. Every Registrar or other officer submitting any writ of summons or other process
whatever for signature by a Judge shall at the same time produce the stump of the
receipt given for the fees of such process.

5. No document in respect whereof a fee is payable shall be issued in any legal

proceedings, unless it shall have been initialed as aforesaid by the Registrar or
other officer or unless the Court shall be otherwise satisfied that the proper fees in
respect thereof have been paid.

6. All fees for service, execution and mileage shall be paid into revenue.

7. No hearing fee or other fee shall be returned except upon a voucher payable at the
treasury, in favour of the party entitled to receive it and prepared at the direction
of the Judge before whom the cause or matter is set down and comes on for
hearing.

339