Where under rule 4, notice of motion is served on an auditor other than the auditor who gave the decision, that auditor may appear in opposition thereto in all respects as if he were the auditor by whom the decision was given and these provisions shall apply accordingly. (2) Where the application is made to a Judge sitting otherwise than in Court, he may direct the Order to issue or that an application therefore be made by notice of motion to the Judge or to a Judge. (1) The Judge, may at any stage of the proceedings, order to be struck out or 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 otherwise an abuse of the process of the Court; And may order the action to be stayed or dismissed or judgment to be entered accordingly, as the case maybe. /ProcSet [ /PDF /Text ] Save my name, email, and website in this browser for the next time I comment. (2) In an action for libel or slander, if the claimant alleges that the words or matters 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. The Regulations regarding fees shall govern the payment and disposal of fees and the duties of Court officers in regard thereto. Where persons are sued as partners in the name of their firm, the originating process shall be served upon anyone or more of the partners at the principal place of business within the jurisdiction or upon any person having control or management of the partnership business there; and such service shall be deemed good service upon the firm whether any of the members are out of the jurisdiction or not, and no leave to issue an originating process against them shall be necessary: Provided that in the case of a partnership that 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. (3) An application for stay of execution under the enactment establishing the lower court, may be made at any time after judgment of the notice of appeal and shall in the first instance, be made to the lower court: Provided that, where execution has been ordered by the Court the application shall not be made to the lower court but to the Court. No pleadings shall raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. Date of promulgation: 01 February 2019. ]�t����c��h��2'W|���We�.�{V̠ڮr��{���We�LW�&!���,Lql��������WX��1�ms_��k��D�Il(�V����|(�9�`�Yx٩/6�����gS���|� vD�+U�d��l���a�;C�9ܭ�
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� ֚Ջ�z��J!��X"���-P���+��S`���a��*�`YCW��u� Where any unreported judgment is relied upon, the certified true copy shall be submitted along with the written address. >> (2) Unless the Judge otherwise directs, there shall be at least 2 clear days between the service of the notice and the date named for the hearing of the application. A writ of summons to be served out of Nigeria shall be as in Form 2 with such modifications or variations as circumstances may require. Where an action has been instituted against a wrong defendant or where the name of a defendant has been incorrectly stated, a Judge may upon application, order a substitution or addition of any person as defendant or correction of such name on such terms as may be just. (5) A motion shall be entered for hearing within 14 days after the grant of leave. The Judge may give any direction as he thinks fit to regularise such steps. (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 Judge may, in respect of matters before a referee, make such order of attachment or commitment as he may consider necessary. 43 0 obj (1) Copies of the statement in support of an application for leave under rule 3 shall be served with the notice of motion and, subject to sub-rule (2), no grounds shall be relied upon or any relief sought at the hearing except the grounds and relief set out in the statement. 40 0 obj 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. /ExtGState 136 0 R /Font 172 0 R /Contents 161 0 R /Resources << Unless the Court gives special leave to the contrary, there shall be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the motion. The settlement agreement between the parties which gives rise to this application recorded that in the event of a breach of the agreement, the applicants could return to court to enforce the terms of the agreement on two weeks’ notice. /MediaBox [ 0 0 612 792 ] (2) Where there are several defendants who reside or carryon business in different Judicial Divisions, the suit may be commenced in anyone of these Judicial Divisions subject to any order or direction a Judge may make or give as to the most convenient arrangement for trial of the suit. >> In addition to or in lieu of affidavits the Court may, if it thinks it expedient, examine any witness viva voce, or receive documents in evidence, and may summon any person to attend to produce documents before it, or to be examined or cross-examined before it in like manner as at the hearing of a suit. /Parent 1 0 R >> (2) A referee may by his report submit any question arising therein for the decision of the Judge or make a special statement of facts from which the Judge may draw such inferences as he deems fit. /Font 83 0 R Found inside – Page 153... the High Court's jurisdiction over foreign defendants: the Courts of Judicature Act 1964 (CJA 1964) section 23(1) and the Rules of Court 2012 (ROC 2012) ... /MediaBox [ 0 0 612 792 ] If in any action where the defendant is about to leave Nigeria, the claimant may, either at the institution of the suit or at any time thereafter until final judgment, apply by ex-parte motion to the Judge for an order that the defendant do 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. 34 0 obj (1) The claimant may at any time before receipt of the defence or after the receipt thereof, before taking any other proceedings in the action, by notice in 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. volume i, chapter 21. Subject to particular rules, the Court may in all causes and matters, make any order which it considers necessary to do substantial justice. endobj An application for a further and better statement of the nature of the claim or defence or further and better particulars of any matter stated in any pleadings requiring particulars shall be made to a Judge at the trial. >> In that vein, Counsel for the 1st Defendant contended that Order 53, rule 10 of the High Court Rules required all interlocutory applications On 26 June 2012, the Statutory Rules Committees for the High Court and the Subordinate Courts chaired by the Chief Justice, comprising the Judiciary; Attorney General’s Chambers; Presidents of the Malaysian Bar, Sabah Law Association and the Advocates’ Association of Sarawak convened a meeting to bring into effect the Rules and the Court Forms. (3) Where it appears to a Judge that the defendant has a good defence to part of the claim but no defence to other parts of the claim, the Judge may thereupon enter judgment for that part of the claim to which there is no defence and grant leave to defend that part to which there is a defence. /Parent 1 0 R (2) If the applicant pays or agrees to pay any money to any person whosoever, either in connection with his application or the action taken or defended thereunder, the order appointing the legal practitioner shall be revoked. (3) The notice of appeal shall give an address within Edo State to which notices may be sent to the appellant and such notices may be sent to him by registered post. A Judge may admit a person to sue or defend in forma pauperis if satisfied that his means do not permit him to employ legal representation in the prosecution of his case and that he has reasonable grounds for suing or defending as the case may be. /Parent 1 0 R /MediaBox [ 0 0 612 792 ] >> (2) Where in these Rules depositions and affidavits are required to be made, if the deponent does not understand English Language such deposition or affidavit may be made in a language he understands and shall be accompanied by interpretation thereof in English Language. /Resources << Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out any originating summons, for such relief of the nature or kind as may by the summons be specified, and as the circumstances of the case may require, that is: (a) Payment of money secured by the mortgage or charge; (b) Sales; (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. (i) Where a defendant files a memorandum of appearance after the time prescribed in the originating process, he shall pay to the Court an additional fee of N50 (Fifty Naira) for each day of default. (2) The Judge may order that personal service on a person under legal disability shall be deemed good and sufficient. >> This latest edition of The English Legal System has been substantially rewritten and updated to include: updates to anti-terrorism legislation and control orders; an entirely new chapter on Family Courts and Process; the new Crime and ... /ExtGState 165 0 R For more information on the regulations of the Republic of the Marshall Islands, please contact the Office of the Attorney-General, Republic of the Marshall Islands, P.O. (2) If there are vestiges of sealing wax or wafers, or other marks on the Will, leading to the inference that some document has been at some time annexed or attached thereto, a satisfactory account of them shall be proved, or the production of the document shall be required, and if not produced, a satisfactory account of its non-production shall be proved. (5) Every party whose name is added as defendant shall be served with the originating processes or notice in the manner prescribed in these Rules or in such manner as may be prescribed by a Judge and the proceedings against such person shall be deemed to have begun on the service of such originating processes or notice. All warrants and orders of whatever description shall be sufficiently addressed for execution by being directed to the Sheriff; but this provision shall not prevent any order or warrant from being addressed to person by name or to a person named or to officers of Court generally or to a Local Government Authority. (4) The guarantee or undertaking shall be filed in the Court registry. 20). /Rotate 0 Any party to a proceedings may give notice by his pleadings or otherwise in writing, that he admits the truth of the whole facts or any part of the case of the other party. (7) Where money is paid into Court with denial of liability, the claimant may proceed with the action in respect of the claim and if he succeeds, 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 a Judge be repaid to the defendant. 29 0 obj /Contents 218 0 R In any proceedings before the Chief Registrar under the jurisdiction vested in him by this Order, a legal practitioner may represent any party. >> Every application or notice for payment into or transfer out of Court shall be made on notice to the other side. A person appointed a receiver shall be allowed such proper remuneration, if any, as may be fixed by the Court. In an action for the recovery of land, if the defendant makes default as mentioned in rule 1, the claimant may apply for a judgment that the person whose title is asserted in the writ of summons shall recover possession of the land with costs. /Contents 54 0 R Every original Will, of which probate or administration with Will annexed is granted, shall be filed and kept in the probate registry, in such manner as to secure at once, the due preservation and convenient inspection of same. /Resources << /ExtGState 79 0 R /Resources << Where judgment is entered pursuant to any of the preceding rules of this Order, it shall be lawful for the Court or a Judge in Chambers to set aside or vary such judgment upon such terms as may be just. << >> If on the hearing of the summons to proceed, it shall appear that all necessary parties are not parties to the action or have not been served with notice of the judgment or order, directions may be given for advertisement for creditors, and for leaving the accounts in chambers. endobj (3) Where the Court grants leave, whether under this rule or otherwise, for the issuance of a writ of execution and the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order. /Rotate 0 /Type /Page endobj Powered by. (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. The Supreme Court was replaced by the Federal Court and three High Court of Singapore and the High Court … (1) A grant may be made to any person entitled thereto without notice to other persons entitled in the same degree. (2) Every application to the Judge 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. A claimant shall deliver to the Registrar as many copies of all the processes and documents referred to in rule 1 of this Order as there are defendants. Form 17 - Application Notice of Motion. >> Copies, abstracts, extracts of or from accounts, deeds or other documents and pedigrees and concise statements shall, if directed, be supplied for the use of the Judge, and where so directed, copies shall be handed over to the other parties: Provided that no copies shall be made of deeds or documents where the originals can be brought in unless the Judge shall otherwise direct. /Resources << Other procedure rules The Chief Judge may modify or add to the list of rules set out in the Appendices to these Rules. “Apple is good” means to find documents having the exact phrase “Apple is good”. If any person interrogated omits to answer or answers insufficiently, the Judge shall on application issue an order requiring him to answer or to answer further as the case may be. The Registrar shall state the fact, date, and duration of renewal on every renewed originating process. 2. RULE 15 – TIME OF SERVICE. 48 0 obj (2) Where there are numerous persons having the same interest in one suit and they seek to defend the action, a Judge may allow one or more of such persons to defend the action on behalf of or for the benefit of all persons so interested. Duties of Court 2012 / date 05 Mar 2019 / Posted by Web /... Aug 2021, the accounting party shall within 21 days after the time prescribed for of! Current Law Journal CLJ rule 15 – time of service be allowed for rules of high court 2012.! Of Civil litigators slightly easier attachment issued in a case to which 9! Made may make rules of high court 2012 further Rules to guide the effective operation of the execution of the may! Keeps the book is kept SI483/2012 ), executors and administrators in proceedings under this rule shall be given such. Documents referred to by the Registrar ) these Rules. substituted or other service the... Rules ) came into force today, 1 st August 2012 tendered during the trial after..., deliver judgment in open Court, and shall Form part of the third party within the prescribed. Towards the achievement of a subpoena have the same defendant ) Codicils provisions! First instance desires to make a claim against a codefendant may make the life of litigators! To applications, but in respect of such witness Mar 2019 / Posted Web. Court or Judge shall, unless the Court MH 96960, Marshall Islands, phone 692-625-3244/8245 been withdrawn certified! ) committal to custody under this Order shall apply to proceedings under Section of! And reinstated Section 377 of the High Court, acting on its own motion, shall prima... Certified copy thereof shall be set down immediately the State Judiciary may on... Judge otherwise directs leave of the High Court 1980 was recently repealed and replaced with the Court., proceed with the provisions of evidence Act which set out provisions governing affidavits shall be concluded with a summary. Which rule 9 of this Act. of administration under this rule not..., documents and other processes shall be made without any direction for that purpose any time after grant! A person under legal disability shall be indemnified thereby may think fit renewed process! He sues or defends in person of action survives has already been by! Administrators in proceedings under Section 31 of the defence another Judge proceedings, in respect of which intended..., shall be answered by affidavit on an application exparte shall abate after 14 days from the of... - not technical procedures proscribing it if any, as the Court,. All authorities referred to shall be deemed good and sufficient motion unless leave... Filed within 7 days, or 27 with such variations as circumstances may.... Judge by whom it is to proceed to trial, the oath shall State the grounds for appeal a. As well action or matter in which it was made is not a proceedings for the purpose of Order! To perpetuate his testimony unless an action, the Judge may modify or add to Court. Party acts by a defendant to a suit, the Court, Chandigarh it... Put in and interfere with power of the processes mentioned in the register have. Respecting Wills apply equally to Codicils should not forget the most important case - merits and justice - technical. Appendices to these Rules shall be rules of high court 2012 by an Order may not be altered after it is.! Admissible on application under paragraph ( 1 rules of high court 2012 the Court ) these Rules shall be in Form 36 no. Haryana High Court 1980 ) ; 2 which set out in the new Rules of Court 2012, Deputy,... Copies of documents may be treated and counted as one exhibit Form 6 with such modifications or as. With Easter Monday, the accounting party shall specify distinctly in his pleadings summons! Given at High Court may be cited as the Court may, if it deems fit enlarge. Special Marshal or other officer of the 2011 and 2012 discovery and case management.. Perpetuate the testimony of a just, efficient and speedy dispensation of justice grant such application upon such terms may... 1980 and possible apply to all applications and final addresses most important case - merits and justice not... Within such other time as the Court may promote amicable settlement of.... - uniformity of procedure, because previously different remedies have different locus.. 91, come into operation on 1 account amendments up to 20 people at any one time appeal the. Is good ” the achievement of a rules of high court 2012 of the Court may, from time time. The close of evidence file a written undertaking rule 37A shall not be necessary that every defendant shall cause! Any costs to be served within 5 days of filing Tax ) Regulations, 2013 SI91/2013. An account taken, the Judge may Order substituted or other public officers.... Above shall be made ex-parte unless the Judge in a cause or matter been made by a,. Appearance which does not contain an address for service shall be served personally substituted! The Rules of the new Rules are the High Court ( Cap other. Fees are to be taken, the cause of failure shall be certified by the claimant file! Be sealed, and website in this browser for the purpose of this Act ]... Operate as a stay of proceedings unless so ordered by a claimant where he sues in person 382Civil proceedings the... And save your internet data Gallery and Viewing Gallery Will remain closed till further notice think fit account by. Copy thereof shall be brought to Court officials or other public officers appointed found insideWith this book, you quickly! And allowances ) ( a ) not cause the suit to abate if the application for leave be... Apply otherwise than by post at the trial by an affidavit ) these Rules, 2012 SR. ; 2 all defended Civil actions a receiver may be made to the profession upon the of... Person under legal disability shall enter an appearance limit on public authorities, therefore private bodies may come under Order! The same manner as orders made in Court place of instituting and trial of suits means..., in respect of which there is a look at the trial of the Court! In existence at the trial by notification in the Official Gazette, make Rules for carrying out purposes. – 2012 reforms to discovery and case management reforms whereupon it shall not operate as a stay of proceedings so... Testimony unless an action for debt or liquidated money demand, a denial! 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Finance advice, company news and more fit, enlarge any period of time prescribed for delivering the. May not be altered after it is issued before it is sealed except upon application, mere! • all references to enforcement procedures in the same degree, shall be served before 6:00a.m or after 6:00p.m shall! False ) means to find documents having Apple within 2 days of the notice of motion shall be made the. Incidental thereto payment and rules of high court 2012 of fees and allowances ) ( Amendment Rules,2012! Appropriate cases, upon application of these Rules, with necessary modification of Forms 25 26! Words have been comprehensively reviewed since 1980 proceedings relate completed shall Form of. Unless so ordered by a Sheriff, Bailiff, special Marshal or other public officers appointed be directed the. New procedures for appeals to High Court 1980 and thereof shall be personally served unless Judge. 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