Rules of court · 2017

National Industrial Court of Nigeria (Civil Procedure) Rules 2017

Civil procedure rules governing proceedings before the National Industrial Court of Nigeria. Introduced a fast-track procedure (Order 25).

Reviewed: Reviewed as current on October 31, 2026
Source: National Industrial Court (nicn.gov.ng)
Note: This reference is provided for convenience. Always confirm against the official gazette before relying on it.

—Revocation. 43

—Citation and Commencement. 43

—Application. 43

—Objectives and Intent. 43

—Aim. 43

—(1) Court to promote amicable settlement of disputes. 44

(2)Party to apply for time. 44

—(1) Construction of Reference to law, rules, etc. 44

(2)Reference to enactments. 44

(3)Savings. 45

—(1) Rules to apply to action earlier filed. 45

(2)Court to give direction to ensure conformity with rules. 45

(3)President to give practice directions. 45

—(1) Where no rules exist on a matter. 45

(2)Application of regulations of rules by Court and Departure from Rules of Evidence. 45

(3)Disregard for technical irregularities. 45

—(1) Interpretation. 45

(2)Meaning of words as contained in the interpretation act, LFN 2004. 45

—Meaning of other words. 51 ORDER 2—INSTITUTION AND TRIAL OF SUITS

—(1) Filing of Originating Process in Registry. 51 Proviso : Filing in another Judicial Division(s) due to exigencies. 51

(2)Service of Hearing Notice for process filed out of division. 51

—(1) State Registries. 51

(2)Establishment of State Registries in Judicial Division. 51

(3)Functions of State Registries. 51

(4)Processes to comply with rules of filing. 52

(5)Non-compliant processes to be rejected. 52

(6)Service to comply with rules of Court. 52

(7)When a process will not be allowed. 52

(8)Propriety of process filed in State Registries. 52

—(1) State Registries’ Chambers. 52

(2)Where to hear interlocutory applications. 52

(3)When Judge can take application in chambers. 52

(4)Judge to deliver ruling or judgment in open Court. 52

(5)Judge may adjourn hearing of substantive matter. 53

—(1) Where several defendants or respondents reside in different Judicial Divisions. 53

(2)President may assign division for hearing of matter. 53

(3)Assignment of matters by president of the court. 53

—Suits commenced in the wrong Judicial Division. 53

—Party may apply for appropriate Division where matter may be heard. 53

—Matters to be referred to President of the Court for assignment. 53

—President may delegate assignment of matter. 53

—(1) Assigning matter of National interest. 54

(2)Panel may sit to hear a matter of national interest. 54

—Designating an Administrative Judge. 54

—President of the Court or Administrative Judge may hear or constitute panel of Judges. 54

—Zones of the Court. 54

—Co-opting of Judges to constitute a panel of three Judges. 54

—President of the court to preside over certain matters. 55

—President may direct Judicial Division where matter would be heard and concluded. 55

—Other matters that may be referred to the President of the Court. 55

—(1) Matters not qualified for referral to ADR Centre. 55

(2)Matters challenging appointment of Public Trustee, etc. 55

(3)Matters arising from collective dispute not for ADR. 55 ORDER 3—FORMS AND COMMENCEMENT OF ACTION

—(1) Commencement of action. 55

(2)Filing of action. 56

—(1) Action by Complaint. 56

(2)Filing of matter under Section 254c(1)(d) of the 1999 Constitution (Fundamental Rights) 56

—Action by originating summons. 56

—Action by application for Judicial Review. 56

—Action by Notice of Appeal. 56

(2)Appellate jurisdiction on certain provisions of Employee’s Compensation Act. 56

—Action arising from referral by the Minister. 57

—(1) Action by Motion on Notice. 57

(2)Application by Motion ex parte. 57

—Content of complaint. 57

—Documents to accompany Complaint. 57

—Format of Complaint. 57

—(1) Claimant to forward schedule of documents to other party. 58

(2)Schedule of admissible or inadmissible documents. 58

(3)Admitted documents. 58

—(1) Originating process connected with or relating to monetary claims, etc. 59

(2)Originating process for Compensation. 59

(3)When an employee may not file an originating process for compensation with the court. 59

(4)Content of originating process. 59

(5)Defendant’s response. 61

(6)Court to proceed to hear part of claims, etc. 61

—Complaint on termination of appointment. 61

—Defendant’s response to Rule 12 above. 61

—Application for leave to call additional witness(es). 61

—(1) Application for determination or declaration of rights. 61

(2)Party to give details of provisions for interpretation. 61

(3)Format of appealing . 61

—(1) Documents to be filed with Originating Summons. 62

(2)When a suit raises substantial disputes of facts. 62

—Representative counsel to be served all processes. 62

—Number of documents for service. 62

—Time for filing in Registries. 62

—(1) Effect of failure to comply with requirements of the rules. 62

(2)Challenging the competence of action. 63

(3)Claimant’s counter-affidavit. 63

—Registrar to indicate time of filing of process and arrange service. 63

—(1) When pre-action notice is required 63

(2)Action filed without photocopy of pre-action notice. 63 ORDER 4—ENDORSEMENT OF CLAIM AND CONTACT INFORMATION

—Format of Originating Process. 63

—Endorsement to reflect Representative Capacity. 63

—Endorsement where claim is liquidated demand. 63

—(1) Originating process to indicate Claimant’s or Counsel’s contact information. 63

(2)Contact information of Claimant’s Legal Practitioner. 64

(3)Signature of Counsel on originating process. 64

(4)Change of contact information. 64

(5)Failure to notify of change of contact information. 64

(6)Contact Addresses of Defendant/Respondent. 64

—When process can be set aside for faulty contact information. 64 ORDER 5—EFFECT OF NON-COMPLIANCE

—Effect of Non-Compliance. 64

—(1) Application to set aside for irregularity. 64

(2)Application by summons or motion. 64

—Departure from rules in the interest of justice. 65

—(1) Further departure from rules. 65

(2)Condonation of non-compliance with rules 65

(3)When Court condones non-compliance with the rules 65

—(1) Application for departure from the Rules of court. 65

(2)Respondent’s Written Address. 65

(3)Oral application for departure from the rules. 65

(4)Consideration of matter in the interest of justice, etc. 65

—(1) Rules of Common Law vs Rules of Equity. 66

(2)Departure from extant Evidence Act. 66

(3)Flexibility of procedure 66 ORDER 6—FILING AND ISSUE OF ORIGINATING PROCESS

—(1) Sufficient copies of originating process to be left with the Registrar. 66

(2)Copies to be signed by claimants. 66

(3)Sealing of process. 66

—Registrar’s action on duly filed Originating Process. 66

—Registrar to arrange prompt service of Originating Process. 66

—(1) Lifespan of an Originating Process. 67

(2)Extension of lifespan of Originating Process. 67

—Renewal of Originating Process. 67

—Loss of Originating Process. 67

—Concurrent Originating Processes. 67

—Issuance and marking of concurrent Originating Process for service. 67

—When Claimant can withdraw process. ORDER 6A—ELECTRONIC FILING OF PROCESSES AND DOCUMENTS

—(1) Scope of Rules. 67

(2)E-filing Centre. 67

—Process or document that may not be e-filed. 68

(1)Documents for Chamber or presentation in camera. 68

(2)Documents access to which is restricted by law, order, etc. 68

—(1) Electronic Filing Manager (EFM). 68

(2)Responsibility of Electronic Filing Manager. 68

—E-filing to Electronic Filing Manager through Court portal. 68

—Format of E-filed document. 68

(1)Typed on A4 size paper. 68

(2)Formatted in PDF. 68

(3)Conformity with prescribed format. 68

(4)Attachment of Exhibits or Appendices. 68

—(1) E-filing through the Court portal to electronic filing manager. 68

(2)(a) Electronic Filing Manager to issue Authentication Registration Number (ARN). 69

(b)Use of Authentication Registration Number. 69

(c)Provision of e-mail address(es). 69

(3)Rejection of process or document without ARN. 69

(4)Sending of process or document with ARN. 69

(5)Automatic receipt of e-filed process or document. 69

(6)Confirmation of Registrar’s acceptance of e-filed process. 69

—E-filing of multiple documents. 69

—(1) Electronic Signature. 70

(2)Notarised document. 70

(3)Signatures of opposing parties. 70

(4)Retention of document carrying original signature. 70

—Designated e-mail address(es). 70

—Hyperlinking of documents or processes. 70

—Process or document must be malware or virus free. 70

—Good and proper e-filing. 70

—Timeliness of e-filing of process or document. 70

—(1) Untimely e-filing of document due to technical failure or system outage. 71

(2)Party or counsel to seek relief for non-compliance arising from technical or system failure. 71

(3)Matter not to be disposed of for failure of e-filing arising from technical or system failure. 71

—(1) Time limit for acceptance or rejection of e-filing. 71

(2)Acceptance of document where process is in conformity with order, rules etc., of the Court. 71

(3)Failure to accept or reject document within time allowed. 71

—(1) Date and time of transmission of document. 71

(2)Transmission of confirmation of filing of process or document. 72

(3)Transmission of electronic confirmation of acceptance or rejection of e-filing. 72

(4)Communication of rejection of e-filing to Registrar. 72

(5)Communication of rejection of e-filing to e-filer by Registrar. 72

(6)Payment of filing fees. 72

—(1) Transmission of e-filed document to President of the Court for assignment. 72

(2)E-filed process not to be transmitted to a Judge of the Court until assigned by the President of the Court. 72

—Transmission of e-filed process to Judge of the Court for assignment. 73

—Notification of date and time of proceedings in assigned matter to e-filer. 73

—E-filing in compliance with Order of the Court. 73

—Official record. 73

—Access of the President or Judge of the Court to e-filed process or document. 73 ORDER 7—SERVICE OF PROCESS

—(1) Manner of service of process. 73

(2)Service of hearing notices. 75

(3)Service of process by the Rules of the Court or Rules of a High Court in Nigeria. 75

(4)Service by means of electronic devices. 76

(5)Electronic proof of service of process. 76

(6)Electronically transmitted or received processes acceptable as original document. 76

(7)When electronically transmitted process deemed good and proper service. 76

(8)Electronic transmission of hearing notice deemed good and proper service. 76

(9)Party may by ex parte motion move Court for an order of substituted service by other means. 77

(10)Ex parte motion to be supported by an affidavit. 77

(11)Ex parte application to be accompanied by Written Address. 77

(12)Informing unco-operative recipient of nature of document as sufficient service. 77

(13)Service on an unco-operative person effected by throwing process within reach. 77

(14)When affidavit of service is prima facie evidence. 77

(15)Service under the rules of Court and proof of delivery. 77

(16)When service of process is deemed good and proper. 77

(17)Service on Saturday, Sunday or Public holiday. 78

(18)Introduction of applicable rules of a High Court for service of process. 78

(19)Proof of Service by Counsel. 78

(20)Registrar also to effect service. 78

(21)Service on Counsel’s Chambers. 78

(22)Service on Counsel in Court. 78

—(1) Service of process by Sheriff, Deputy Sheriff, Bailiff or Process Server. 78

(2)Service on Counsel. 78

—(1) Appointment of External Process Server. 79

(2)External Process Server to effect service of process or document. 79

(3)External process server to effect service according to the rules of the Court. 79

(4)External process server’s book of records of process and document. 79

(5)Registrar of Court to keep records of processes given to External Process Server. 79

(6)Powers of External Process Server. 79

(7)(a) External Process Server to serve as officer of the court. 79

(b)Protection of External Process Server. 79

(8)Affidavit of service by External Process Server. 80

(9)Service on unco-operative party by External Process Server. 80

(10)Proof of service by External Process Server. 80

(11)Other means of proof of service by the External Process Server. 80

(12)Identity of persons served. 80

(13)Affidavit of service to be kept in case file. 80

(14)Payment of External Process Server on terms of agreement. 80

(15)Qualification of External Process Server. 80

—(1) Service on person under legal disability. 81

(2)Good and sufficient service on person with legal disability. 81

—Service on prisoner or detainee. 81

—Service on public, private institution, corporation, etc. 81

—Service on foreign company doing business in Nigeria. 82

—Service on Public Functionaries sued ex-officio. 82

—Service on Local Agent of Principal who is out of jurisdiction. 82

—Service on person out of jurisdiction as a necessary party. 82

—Service on person aboard a ship. 83

—(1) Party to pay for service. 83

(2)Amount payable for service. 83

(3)Payment for service of process. 83

(4)Receipt of payment for service. 83

(5)Rates for service by courier. 83

(6)Accounting for expenses on service of process. 83

(7)Failure to pay for service of process. 83

—(1) Time of day within which to effect service. 83

—(1) Records of service of process(es). 83

(2)Entry of reasons of failure to serve. 84

(3)When entry of failure to serve is evidence. 84

—(1) Creation of Judicial Divisions or Registries. 84

(2)Service on party without leave of court. 84

—Service of process out of Nigeria with leave of court. 84

—Other means of service. 84

—Time to serve process or document. 84

—Electronic service of e-filed document 84

—(1) When e-filed document is good for service. 85

(2)Certificate of e-service of process or document. 85

(3)Proof of e-service 85

(4)Computation of time of e-service 85

—Inclusion of designated e-mail addresses. 85

—Service on person with no designated e-mail addresses. 85 ORDER 8—SERVICE OUT OF NIGERIA AND SERVICE OF FOREIGN PROCESS

—Where service of process out of jurisdiction is allowed. 85

(1)For Acts, Deeds, or Contract of employment. 85

(2)Relief is sought against resident within jurisdiction. 85

(3)When action is to enforce, rescind or dissolve contract of employment. 86

(4)Injunction is sought to prevent anything within jurisdiction. 86

(5)For necessary or proper party. 86

(6)Where proceeding may be instituted by originating process. 86

—Agreement as to prescribed mode, place, etc. of service. 86

—Application to be supported by affidavit. 86

—Order to fix time limit for appearance. 87

—(1) Service of Notice of Complaint out of jurisdiction. 87

(2)Service of Complaint in appropriate manner 87

—(1) Processes to be served out of jurisdiction. 87

(2)Service on person resident within Convention. 87

(3)Rules to apply mutatis mutandis 88

—Procedure for service of notice of complaint to non-state party to a Convention 88

—Leave to serve complaint in foreign country. 88

—Limitation of Rule 8. 89

—Court may direct mode of transmission of service. 89

—Mode of effecting Letter of Request for service from foreign country. 89

—Procedure for service of document from foreign country. 90

—Order for substituted service. 91

—Order to prescribe mode of service. 91 ORDER 9—APPEARANCE

—(1) Need to file Memorandum of Appearance. 91

(2)Memorandum of Appearance to be signed by party or counsel. 91

(a)Memorandum to include names of defendants represented by same counsel. 91

(b)Appearance for legally disabled. 91

(3)Penalty for late filing of Memorandum of Appearance and defence. 91

(4)Penalty for further default. 91

(5)Time limit for forwarding advance copy of Memorandum of Appearance. 92

(6)Time limit for filing and service of advance copy of reply and advance copy of Memorandum of Appearance. 92

—Effect of failure to enter appearance. 92

—Right of party to change contact information. 92

—Declaration by party who does not intend to appear. 92

—(1) Effect of failure to file Appearance, Defence or Declaration. 92

(2)When party shows readiness to defend action. 92

—Time within which application to set aside judgment and rehear matter may be made. 93

—Appearance in representative action, etc. 93

—Appearance by party in the action to give evidence. 93 ORDER 10—ENTITLEMENTS OF DECEASED EMPLOYEE. (TESTATE)

—Filing fees for process relating to emoluments of deceased employee. 93

—Action for and on behalf of testate employee. 93

—Compliance with Rule 2. 93

—Presumption of authenticity of Will. 93

—Handling of conflicting Wills, probate grant. 94 ORDER 11—ENTITLEMENT OF DECEASED EMPLOYEE (INTESTATE)

—Proof of status as kinship. 94

(a)Certified True Copy of Employment Form. 94

(b)Letter of Administration from Probate Registry. 94

(c)Order from Customary or Sharia Court of Appeal. 94

—Application for order to produce Employment Bio-data form. 94

—Claimant may use document in Claimant’s possession. 94

—Where there is no next of kin. 94

—Proof of custom and practice. 95

—When an intestate action may not be entertained. 95

—Admissibility of process or order from Customary or Sharia Court of Appeal or other proof of custom. 95

—Where there is more than one Letter of Administration or conflicting proof of custom. 95

—Court may invite custodian of custom. 96

—Matter to be placed on fast track. 96 ORDER 12—PRE-TRIAL CONFERENCE

—(1) Response to Claim or Complaint. 96

(2)Time limit for filing of response. 96

—(1) Court ordered or party driven pre-trial conference. 96

(2)Time limit for initiating pre-trial conference. 96

(3)When party fails to initiate pre-trial conference. 96

(4)Date, time and venue of pre-trial conference. 96

(5)Issues for consensus at pre-trial conference. 96

—When parties are unable to reach consensus. 97

—Filing of report of pre-trial conference. 97

—(1) Registrar to remit report of conference to the Court. 97

(2)Action of the President of the Court. 97

—When parties fail to attend pre-trial conference. 98

—(1) Listing of matter for hearing after pre-trial conference. 98

(2)Notification of date, time, etc. of hearing. 98 ORDER 13—PARTIES A.—Parties Generally

—Joint or several Claimants in one action. 98

—(1) When the name of Claimant is doubtful 98

(2)Defendant’s counter-claim or set-off on improperly included claimant. 98

—Stay of proceedings where Defendant has bona fide counter claim. 98

—Joinder of any person as defendant. 98

—Where the name of a party is incorrectly stated. 99

—(1) Defendant need not be interested in all reliefs or every cause of action. 99

(2)Action of judge to prevent embarrassment to a defendant. 99

—Claimant may join all persons, severally, or jointly as parties in an action. 99

—Action by claimant in doubt as to defendants. 99

—Suit by or against persons under legal disability. 99

—Written authority of guardian or relation of person under legal disability. 99

—(1) Action by numerous persons with same interest in one suit. 99

(2)One or more among numerous persons with same interest in suit to defend others. 100

(3)Application to be joined as a party. 100

(4)Joinder of third party interest to a suit. 100

(5)When Court may appoint representative. 100

—Power and action of court to approve compromise. 100

(1)When persons with the same interest assent to approve compromise. 100

(2)When absent persons assent. 100

(3)Court may approve compromise to benefit absent person. 100

—(1) When deceased person (party) has no legal representation. 101

(2)Legal practitioner may apply for substitution of party. 101

(3)Judgment may be entered if there is no representation for deceased party. 101

—(1) Proceedings not defeated by misjoinder or non-joinder of parties. 101

(2)Names of improperly joined parties may be struck out by order of the court. 101

(3)Names of necessary party to be added by order of the court. 101

(4)When to add person under legal disability. 101

(5)Service on Defendant in Originating process. 101

—(1) Application by motion to add, strike out, substitute or vary names of claimants or defendant. 102

(2)Statement of claim to accompany application to add names. 102

—Where defendant is added or substituted. 102

—(1) Joinder by any party of third party likely to bear liability. 102

(2)Service on third party within prescribed time. 102

—Appearance by third party. 102

—Default by third party. 102

—Subsequent third party. 102

—Claim against co-defendant. 102 B.—Actions against Firms and persons carrying on business in Names other than their own.

—Actions by and against firms. 103

—(1) Disclosure of partners’ names and addresses. 103

(2)Stay of action for failure to declare names and addresses of partners. 103

(3)Suit to proceed when names and addresses of partners are declared. 103

—(1) Partners to appear individually in a proceeding. 103

(2)Where no personal appearance is required. 103

—Application of Rules to action between co-partners. 103

—Persons carrying on business as firm. 104 C.—Change of Parties by Death or Otherwise

—(1) Proceeding not to abate where cause of action survives. 104

(2)Proceeding not defective whether cause of action survives or not. 104

(3)Proceedings not to abate by reason of death of either party. 104

—(1) Order to carry on proceeding despite change of capacity of an existing or new party in the proceeding. 104

(2)Service of Order on parties under sub-rule 1 of this rule. 104

(3)Appearance of person not already party to the proceeding. 104

(4)Filing of pleadings by new party to proceedings. 105

—Continuation of proceeding upon assignment or other devolution of interest. 105

—Application by person under no legal disability or where being legally disabled, has a guardian, to vary Court Order obtained under Rule 28 of this Order. 105

—Application by person under legal disability and not having a guardian. 105 D.—Legal Practitioner or Agent

—Acts to be done by Legal Practitioner or Agent. 105

—When an agent may sue for principal 105 ORDER 14—SEXUAL HARRASSMENT AND DISCRIMINATION IN THE WORKPLACE

—(1) Claims of sexual harassment. 106

(2)Claims of workplace discrimination. 106

(3)Mode, Manner, etc., of Sexual harassment or of discrimination in the workplace. 107

—(1) Defendant’s Sstatement of Defence. 107

(2)Defendant’s counter-claim. 107

(3)When Court may non-suit or dismiss action. 107 ORDER 14A—INTERNATIONAL PROTOCOLS, CONVENTIONS AND TREATIES

—(1) Procedure in action for breach of international protocol, convention, etc. 107

(2)Proof of existence of international best practice, etc. 107

—(1) Defendant’s Statement of Defence. 107

(2)Defendant’s counter-claim. 107

(3)When Court may non-suit or dismiss action. 107 ORDER 15—DEFENCES

—(1) Duty of party served with a Complaint. 108

(2)Application for leave by party to call additional witness(es) 108

—(1) Defence to state contact information. 108

(2)Service on appointed counsel. 108

(3)Defendant’s counsel to state contact information. 108

(4)Statement of admission of claim. 109

(5)Time limit to file counter claim. 109

(6)When defendant admits part of claim. 109

(7)Court to enter judgment for claim admitted. 109

(8)Non-indication of a defence. 109

—Treatment of documents by defendant(s). 109

(a)Schedule of documents not objected to. 109

(b)Schedule of documents objected to. 109

—(1) Admitted documents. 109

(2)Schedule of documents to be relied on at trial by defendant. 110

(a)Admissible documents by claimant. 110

(b)Schedule of documents objected to. 110

(3)Documents not objected to, not to be allowed at the trial. 110

—Duty of party served with originating summons. 110

—Time limit for filing written statement of defence on points of law. 111

—Time limit for Claimant’s reply to statement of defence. 111

—When party fails to comply with time limit. 111 ORDER 16—SUMMARY JUDGMENT

—Application for Summary Judgment. 111

—Number of copies of processes to be delivered to the Registrar. 112

—Mode of service of Processes and Documents. 112

—Action of a party intending to defend upon being served. 112

—(1) Duty of court upon hearing application for summary judgment. 112

(2)Judgment when there is no defence. 112

(3)Judgment to part of claim to which no defence. 112

—Duty of court where there are several defendants. 112

—Party at liberty to expatiate on Written Addresses. 112

—(1) Party may submit to judgment on part of claim. 113

(2)When a defendant can defend contested part of claim. 113 ORDER 17—MOTION AND OTHER INTERLOCUTORY APPLICATION

—(1) Application by motion on notice or motionex parte. 113

(2)Motion on notice to be served on all parties 113

(3)Format of motion on notice by application 113

(4)Applications that must be by motion on notice. 113

(5)Affidavit to support application. 113

(6)Written Address to accompany application. 113

(7)Content of Written Address accompanying application. 114

(8)When to forward advance copy of motion to respondent. 114

(9)When to forward advance copy of respondent’s notice of preliminary objection. 114

(10)Time for respondent to file counter affidavit. 114

(11)Time for claimant to deal with new issues arising from respondent’s counter- affidavit. 114

(12)Party may address Court on points of law only. 114

(13)Time to adumbrate on Written Address. 115

(14)When respondent may not make an oral submission. 115

—(1) When notice of motion should be given. 115

(2)Order for an injunction to subsist. 115

(3)Application to vacate order. 115

(4)Documents to accompany affidavit. 115

(5)Counter affidavit. 115

—(1) Motion to enforce an arbitral award. 115

(2)Certified True Copy of an award. 115

(3)Arbitral award may be enforced as judgment of the Court 115

—Length of time between service of process and date fixed for hearing of motion. 116

—Effect of failure to give notice of motion to necessary party. 116

—Application for hearing in Chambers. 116

—Adjournment of hearing. 116

—Filing and service of application with Originating Process. 116

—(1) Power of Court to make an interlocutory order. 116

(2)Court to ensure service of notice of application for interim order. 116

—Decision must be given on any motion filed. 116

—Interlocutory application to be heard and determined before final judgment. 117 A.—Interlocutory applications

—(1) Constitution of the Court for hearing and determination of interlocutory applications. 117

(2)Court to set down and determine every motion notwithstanding their strengths or weaknesses. 117

(3)Court to entertain all motions. 117

—Court may exercise powers to achieve the objectives of NICA, 2006. 117 B.—Ex parte Motion

—(1) Motion on notice to be filed along with every ex parte application. 117

(2)Ex parteapplication for injunction to be with motion on notice. 118

(3)Ex parte motion to be supported by affidavit. 118

(4)Party moving motion ex parte to address court on facts in evidence. 118

(5)Court may grant or refuse to grant order sought or direct that motion be made ex parte. 118

(6)Party affected by ex parte order to react to order and act in line with direction of the court. 118

(7)Lifespan of order made ex parte. 118

(8)When a motion to vary or discharge ex parte order can lapse. 118

(9)When order of injunction made on ex parte application shall abate. 119

(10)Court may extend duration of interim injunction. 119 C.—Notice of Motion Application on Award of an Arbitral Body or Industrial Arbitration Panel (IAP)

—(1) Motion to set aside, remit or enforce Arbitral Award to state grounds of application. 119

(2)Party to supply sufficient Certified True Copies of award or decisions. 119

(3)Award of arbitral body to be enforced as judgment or order of the court. 119 D.—Non Contentious Applications

—(1) Judge to take and decide non-contentious applications in chambers. 119

(2)When parties may apply orally to amend process(es). 120 ORDER 18—DETERMINATION OF MOTIONS

—Motion to be determined except where withdrawn. 120

—(1) Handling of multiple motions. 120

(2)When defendant disputes the jurisdiction of the court 120

(3)When the Court may take motion on jurisdiction with substantive suit. 120

(4)Defendant to file memorandum of appearance. 120

(5)When claimant/respondent may oppose motion on jurisdiction 121

—Handling of multiple preliminary objections. 121

—Consolidation of claimant’s Written Addresses. 121

—Consolidation of Written Addresses. 121

—When Court may proceed to hear substantive matter after objections. 121 ORDER 19—ARREST OF ABSCONDING PARTY

—Party leaving jurisdiction or removing property. 121

—Warrant of Arrest issued by the Court. 121

—Bail in lieu of appearance or satisfaction. 122

—Deposit inlieuof bail. 122

—(1) Absconding party may be committed to custody. 122

(2)Application for committal. 122

(3)Transmission of warrant issued by a different Judicial Division. 122

—(1) Payment of expenses for the subsistence of a party in custody. 122

(2)When a prisoner may be released. 122 ORDER 20—INTERIM ATTACHMENT OF PROPERTY

—Circumstances warranting application for interim attachment of property. 123

—Contents of application for interim attachment of property. 123

—Order by court. 123

—(1) Where defendant or respondent fails to show cause or give security. 124

(2)Where defendant or respondent shows cause for security. 124

—Rights of third parties not to be affected. 124

—Removal of attachment where defendant or respondent furnishes security. 124

—(1) Appropriate Court to take proceedings. 124

(2)Transmission of order to appropriate Judicial Division. 124 ORDER 21—URGENT RELIEF

—Application for urgent relief. 124

—(1) Application to be supported by affidavit. 124

(2)Party to forward advance copy to respondent(s). 125

—(1) President to assign application for urgent relief. 125

(2)Registrar to return application to the Judge before who matter is pending. 125

—Intention to oppose application. 125

—Filing of counter-affidavit to oppose application. 125

—Respondent to appear to oppose. 125

—Court may allow appearance of person cited as a party at any stage of proceedings. 125 ORDER 22—INTERLOCUTORY INJUNCTION AND INTERIM PRESERVATION OF PROPERTY

—(1) Application for injunction. 126

(2)Application for injunction by motionex parte 126

(3)Application not before issuance of process. 126

—Order for detention, custody, preservation, etc. of subject matter of action. 126

—Power of Court to order assessment or valuation. 126

—Order for early trial. 127

—Recovery of personal property subject to lien, etc 127

—Allowance of income of property pendente lite. 127 ORDER 23—RULES APPLICABLE TO GENERAL PROCEDURAL MATTERS

—Application of Rules of General Procedure. 128

—Party to refer the Court to Rules of a High Court. 128

—Originating process for fast track to be served on all parties. 132

—Claimant or appellant to be on notice for placement of case on fast track. 132

—Defence process to be filed not later than 14 days. 132

—Registrar to refer fast track matter to President of the Court. 132

—Timely hearing of urgent interlocutory application in fast track cases. 132

—Case to be set down for hearing as soon as possible. 132

—Notice for direction by parties. 132

(1)Party or Counsel to express intension to proceed. 132

—Court to consider proposal of parties or counsel and give direction. 133 B.—Variation of Direction

—(1) Court may suo motu or on application vary direction issued. 133

(2)Parties to apply for order for changes to trial direction 133

(3)Court may impose costs on variation of trial directions. 133

(4)Order of variation without hearing. 133 C.—Enforcement of Compliance with Directions

—(1) Application by a party for order to enforce compliance or sanction or both. 133

(2)Non-compliance not to lead to postponement of trial. 134 D.—Conduct of Proceedings to be Made and Heard Timeously

—(1) Application to change the Trial Time Table. 134

(2)Court to attend promptly to application in a Fast Track. 134 E.—Trial to Proceed from Day to Day

—Trials to be conducted from day to day. 134

—(1) Postponement of trial is order of last resort. 134

(2)Adjournment to be within shortest possible time. 134 F.—Trial and Addresses117

—(1) Court to ask other party if intending to call any witness. 134

(2)Beginning party to file Written Address within seven (7) working days. 134

(3)Other party to file Written Address within seven (7) working days. 134

(4)Other party to file Written Address after calling witness. 135

(5)Beginning party to respond to other party’s Written Address after seven (7) days. 135

(6)Response to be on point of law only within five (5) days. 135 G.—Cases Commenced under Order 3, Rules 8 and 9

—(1) Cases commenced by complaints under order 3 rule 8 and 9. 135

(2)Judge or panel to set fast track case down for direction. 135

(3)Court to request parties to adopt briefs of argument or written addresses. 135 H.—Delivery of Judgment

—Judgment of fast track case to be delivered quickly. 136 ORDER 26—AMENDMENT 1 (1) When amendment may be allowed. 136

(2)When amendment may be refused. 136

—Limit to amendment of process before trial. 136

—Court may allow amendment of defect or error in any process. 136

—Application to amend to be supported by affidavit. 136

—Documents to accompany amended originating proceeding. 136

—Time limit for amendment and penalty for default. 137

—Filing of amended process(es) and forwarding of advance copies. 137

—Marking of amended process. 137

—Judge may amend defect or error in any proceedings 137

—Correction of mistakes in judgment or in process. 137

—Party may apply for correction of error or mistake. 137 ORDER 27—APPLICATION FOR ACCOUNT

—Order for Account. 137

—Procedure for an application for account. 137

—Account may be taken by the Court or a referee. 138 ORDER 28—ASSESSOR AND EXPERT WITNESS

—Responsibility of assessor sitting in Court. 138

—Assessor to take oath of secrecy. 138

—Assessor not to write judgment. 138

—Assessor to advice as an expert. 138

—Court not bound to accept assessor’s opinion or advice. 138

—(1) Invitation of expert witness. 138

(2)Proof of expert witness 138

—Failure of party to comply with rule 6. 138 ORDER 29—ISSUES, INQUIRIES, ACCOUNTS AND REFERENCES

—Issues referable to a referee or arbitrator 138

—Details to be furnished to referee or arbitrator. 139

—Limit of Referee’s or Arbitrator’s duty to be specified. 139

—General power of the Referee or Arbitrator. 139

—Evidence at inquiry. 139

—Report pursuant to reference to be submitted to Court. 139

—Court’s directions to Referee to take account. 140

—Mode of taking account. 140

—Court may direct further vouching of account. 140

—Surcharge. 140

—Numbering of account and inquiries. 140

—Just allowances to be made while taking account. 140

—(1) Duty of the Court where there is undue delay in proceedings at references and arbitration. 141

(2)Court may direct take-over of conduct of proceedings. 141 ORDER 30—PLEADINGS : GENERAL

—(1) Service of Statement of Claim. 141

(2)Statement of facts to include relief or remedy claimed. 141

—(1) Statement of defence. 141

(2)Defendants statement of defence, counter-claim or set-off. 141

(3)Claimant to reply defendant’s statement of defence, counter-claim or set-off within 14 days. 142

—Pleadings to state material facts and not evidence. 142

—Particulars to be given where necessary. 142

—Further and better statement of particulars. 142

—(1) Denial. 142

(2)General denial not acceptable for specific fact pleaded. 142

—Conditions precedent. 142

—All grounds of defence or reply to be specifically pleaded. 143

—Pleadings to be consistent. 143

—Joinder of issue by pleadings. 143

—Effect of document to be stated. 143

—Allegation of notice as fact except otherwise required. 143

—Allegation of implied contractual relationship as facts. 143

—Pleadings not to allege presumption of favour unless first specifically denied. 143

—Action on stated or settled account. 144

—No technical objection to pleading on want of form. 144

—Allegation of malice with fraudulent intention. 144

—(1) Striking out of amendment of pleading that discloses no reasonable cause of action. 144

(2)No evidence admissible under sub-rule 1(1)(a) 144

(3)Rule to apply to originating summons as to a pleading. 144

(4)No objection to declaratory judgment or order during proceedings. 144

—(1) Close of pleadings for lack of defence. 144

(2)Close of pleadings when time barred. 145

(3)Close of pleadings for failure to file within the time allowed. 145 ORDER 31—STATEMENT OF FACTS

—(1) Statement of facts or counter-claims 145

(2)Claimant’s relief for several claims to be stated separately. 145 ORDER 32—DEFENCE AND COUNTER-CLAIM

—Statement of defence. 145

—Evasive denial of allegation. 145

—When mere denial of a debt is insufficient. 145

—Defence as to set-off and counter claim. 146

—Addition to title of defence in counter claim. 146

—Counter-claim against person not a party. 146

—Discontinuance of the claimant’s claim. 146

—Judgment for balance of claim. 146

—(1) Grounds of defence arising after action is filed. 146

(2)Claimant to raise answer or ground in reply or defence after delivery of defence. 146

—Further defence to reply 147

—Concession to defence 147

—Defence to originating summons 147 ORDER 33—REPLY OF CLAIMANT TO DEFENCE

—Claimant to file reply within limited time. 147

—Defence to counter-claim. 147 ORDER 34—ADMISSIONS

—(1) Notice of Admission. 147

—(1) Notice to admit document. 147

(2)Period for admitting document. 147

(3)Cost for challenging authenticity of document. 148

—(1) Notice to admit facts. 148

(2)Admission in Rule 3(1) deemed to be for purpose of particular proceedings. 148

(3)Cost of refusal or neglect to admit documents. 148

—Judgment or order upon admission of facts. 148

—Cost of notice to admit or produce where document is unnecessary. 148 ORDER 35—DEFAULT OF PLEADINGS

—Claim for debt or liquidated demand. 149

—Default of one defendant out of several defendants. 149

—(1) Pecuniary damages. 149

(2)Trial of unascertained damages and declaratory reliefs. 149

—When claimant may apply for judgment against defaulting defendant(s). 149

—Defence filed to only part of claim. 149

—(1) Default in filing defence. 150

(2)Application for trial when there is no defence. 150

—Validity of a default judgment and application to set aside. 150 ORDER 36—PAYMENT INTO AND OUT OF COURT

—(1) Payment into Court. 150

(2)Notice of payment on Form 23. 150

—(1) Payment into Court as admission of liability. 150

(2)denial of liability when money is paid into Court. 150

—Acceptance of sum paid in discharge of cause of action. 150

—Non-acceptance of sum paid in. 151

—(1) Payment into Court despite denial of liability. 151

(2)Where claimant action succeeds in whole or in part. 151

(3)Where the defendant succeeds in whole. 151

(4)where claimant succeeds in the action, the amount to be applied to claimant’s claim. 151

(5)Where defendant succeeds Court to order refund of defendant’s payment. 151

—(1) Money deposited in the court to be paid into the bank. 151

(2)Payment into bank by the Chief Registrar. 152

(3)Definition of “Funds in Court”. 152

—(1) Money or damages claimed by person under legal disability. 152

(2)Judge to give directive on payment to person under legal disability. 152

(3)Money, awards, etc. to be directed by judge. 152

—Application for payment into Court. 152

—Payment by claimant. 152

—No payment out except by order of the Court. 152 ORDER 37—SETTLEMENT AND TRIAL OF ISSUES A.—Settlement of Issues

—Settlement of issues at or before hearing. 153

—When party fails to comply. 153

—When neither party invokes rule 1 or 2. 153

—Settlement of issues at hearing. 153 B.—Trial of Questions and Issues

—Court may direct parties to settle documentary evidence. 153

—Dismissal of action, etc., following settlement of preliminary issue. 153 ORDER 38—PROCEEDINGS AT TRIAL

—Striking out for non-appearance of both parties. 153

—(1) When a defendant without defence is absent in Court. 153

(2)When defendant with defence is absent in Court. 153

(3)When defendant is allowed to prove defence. 154

(4)When defendant fails to appear, claimant may file Final Address. 154

(5)When defendant shows good cause for absence. 154

—(1) Non-appearance of the claimant at the trial. 154

(2)When Court may deal with matter in the absence of party. 154

(3)Failure to appear to present oral argument. 154

(4)Notice of intention not to contest application. 154

—Power of Court to bar disobedient party. 154

—Individual or group of individuals not to appear as both claimant and respondent. 155

—(1) Application to re-list. 155

(2)When judgment may be set aside. 155

(3)Time to apply for relisting of struck out matter. 155

(4)Application to relist accompanied with affidavit. 155

—(1) Adjournment of trial. 155

(2)Court may increase number of adjournments. 155

(3)Application for adjournment when matter or cause is fixed for hearing or trial. 155

—Finding out adjourned date. 156

—Foreclosure of hearing arising from defaulting party. 156

—When matter cannot be adjourned. 156

—When brief of principal counsel in proceedings is held by another counsel. 156

—(1) Representation by junior counsel. 156

(2)When junior counsel refuses to continue with proceedings. 156

—When matter fixed for hearing may be adjourned. 156

—Time taken by trial to be noted by registrar. 157

—Order of proceedings at trial. 157

—(1) Closure of case by parties. 157

(2)Oral application by party for closure. 157

(3)When court can close a case. 157

(4)When the witness statement is deemed abandoned. 158

(5)When party cannot adduce or plead new issues. 158

—(1) Power of court to call any witness. 158

(2)Party may apply to call additional witness. 158

(3)Additional witness to depose to oath. 158

—(1) Court may suo motu order a person present in court to give evidence or produce document. 158

(2)Production of documents without giving evidence. 158

(3)Order by Court to give evidence. 158

(4)Subpoenaed witness. 159

(5)Summons for witness. 159

(6)Limitation of communication with witness. 159

—Marking and preservation of exhibits admitted at trial. 159

—Filing of Written Addresses. 159

—(1) When a party requires exhibit for appeal. 160

(2)Custody of exhibits after trial. 160

(3)When a Judge may grant the release of exhibit 160

(4)When Court of appeal grants leave to release exhibit 160

—Party may obtain office copy of list of exhibits. 160

—(1) Case may be struck out for lack of diligent prosecution. 161

(2)Application to relist. 161

(3)When Court may grant application to relist 161

—The power of the Court to review its own order. 161

—The power of the Court to correct clerical errors or slips. 161

—(1) Application for fiat by parties to continue part-heard matter in Judge’s new or former Division. 161

(2)President of court may grant fiat to judge to continue hearing of part-heard matters in new or former division. 162

(3)Reasons for fiat. 162

(4)Service of fiat. 162

(5)Party to respond to fiat. 162

(6)President’s response to application for fiat. 162

(7)President may grant fiat to continue hearing beyond time. 162

(8)Judge may apply for extension of fiat. 162

(9)President may extend fiat. 162

(10)President’s decision on extension of fiat final. 162

(11)Judge to remit matter if fiat is not extended. 163

—(1) Application to Court to move to workplace. 163

(2)Notice to visit workplace. 163

(3)Record of proceedings during workplace visit. 163

(4)Examination of witnesses at workplace. 163

(5)Taking of evidence during workplace visit. 163

(6)Witness may continue evidence during workplace visit. 163

(7)Court may direct any person to testify at workplace visit. 163

(8)Evidence at workplace is part of record of proceedings. 164

—Registrar to remind judge of pending judgment or ruling. 164

—Recall of witness after closure of case. 164

—Court may order party to address it for clarification. 164

—Court upon satisfaction may grant application to re-open matter. 164

—Frivolous, vexatious, etc. Matter to be struck out. 164

—(1) Trial on Records. 164

(2)Trial on Records : Written Addresses. 165

—(1) Request for interpreter. 165

(2)Invitation of interpreter. 165

(3)Cost of interpreter. 165

—(1) When Court may order use of stated mode or internal dispute resolution mechanism. 165

(2)When any party may apply for participation by any other parties in use of stated mode or internal dispute resolution process. 165

(3)When parties are able to resolve matter. 165

(4)When parties are unable to resolve matter. 166

(5)When Court may order status quo ante. 166 ORDER 39—RE-ASSIGNMENT OF CASES

—Self-disqualification by a Judge 166

—(1) Indication of self-disqualification 166

(2)Approval of disqualification and reassignment of matter. 166

(3)When one or more Judges withdraw from a matter. 166

—(1) File to be sent back to President of the Court. 166

(2)Re-assignment by President of the Court. 166

—Withdrawal and reassignment of a case. 167

—When ex parte or interlocutory order may remain valid. 167

—When the Judge must set the case down de novo and proceed with hearing. 167 ORDER 40—EVIDENCE/PROOF GENERALLY

—(1) Proof of facts. 167

(2)Documents may be deemed tendered from the bar or by unrepre-sented party. 167

(3)Tendering real evidence. 167

(4)Oral examination limited to facts pleaded and written deposition. 167

—(1) Particular facts. 167

(2)Power to give evidence of particular fact at trial. 167

—Court may limit the number of medical or expert witnesses. 168

—When some documents will not be received in evidence. 168

—Revocation and variation of any direction or order. 168

—Certified True Copies of documents admissible in evidence as original 168

—Procedure for requesting for an order to examine a witness in a foreign country. 168

(1)Forms 51, 52, 53, 54 and 55. 168

(2)Content of undertaking. 168

—Order for examination of witness abroad. Form 50. 169

—Request from foreign Court or Tribunal. 169

—Court may order attendance of person to produce document. 169

—Contempt of Court arising from disobedience to order to attend proceedings. 169

—Payment of expenses of persons ordered to attend proceedings. 169

—Contempt of Court arising from refusal to attend or cooperate with proceedings. 169

—Transmission of authenticated original depositions of witnesses. 170

—Depositions not to be given in evidence without consent of party or leave of court. 170

—Administration of oaths. 170

—(1) Attendance of witness or person under subpoena for examination. Form 37, 38, 39. 170

(2)Party or witness deposing to affidavit bound to attend court for cross-examination. 170

—When Court may compel person in Court to produce document or give evidence. 170

—(1) Examination, cross or re-examination of witnesses to apply to evidence at any stage of trial. 171

(2)Control of Cross-Examination. 171

—Taking of evidence after trial to be subjected to special directions. 171

—Provisions of Section 46 of the Evidence Act to apply in the use of evidence in subsequent proceedings. 171

—(1) Subpoena issued using Form 70 171

(2)Subpoena to be duly paid for. 171

—Subpoena Forms 37, 38, 39. 171

—Subpoena for attendance of witness in chambers. 171

—Legal Practitioner issuing subpoena may correct errors and reseal. 172

—Subpoena to be served personally, unless otherwise directed. 172

—Subpoena to remain in force till trial of matter. 172

—Party to give “Notice to Produce” to other party. 172

—“Notice to Produce” included in pleadings or in separate notice. 172

—“Notice to Produce” to specify sufficient particulars. 172

—Payment of fees for “Notice to Produce”. 172 ORDER 41—AFFIDAVIT

—Evidence upon motion, etc. by deposition to Affidavit. 172

—Title of Affidavit. 173

—Use of defective Affidavit. 173

—Special time prescribed for filing Affidavit. 173

—Usefulness of Affidavit deposed to ex parte application. 173

—Party to give notice of intention to use affidavit. 173

—Alteration in accounts to be properly initialed in Affidavit. 173

—Exhibits. 173

—Certificate of exhibits. 173

—Use of affidavit in chambers. 173

—Application of Evidence Act, 2011. 173

—Admissibility of affidavit deposed to in Commonwealth Country. 174 ORDER 42—AMICABLE SETTLEMENT

—Court may adjourn for parties to reach agreement. 174

—Filing of Terms of Settlement. 174

—Content of Terms of Settlement. 174

—Parties to sign Terms of Settlement. 174

—Signing and sealing of Terms of Settlement by representative of corporate body, etc. 174

—Terms of Settlement to be entered as Judgment of the Court. 174

—Adoption and entering of terms of settlement as Judgment of the Court. 175

—Party may apply for adoption of terms of settlement at earlier date. 175

—Terms of Settlement are binding. 175

—Modification of Terms of Settlement by parties. 175

—Application of party to be served on other party. 175 ORDER 43—INTERROGATORIES, DISCOVERY AND INSPECTION OF DOCUMENTS

—Presumption of genuineness of documents, etc. 175

—Party to request in writing to make discovery of documents 175

—When party may apply for order to produce document. 176

—Party requesting to forward advance copy to the other party. 176

—Prescribed time to answer request. 176

—Copies of documents to accompany affidavit in answer to request for discovery. 176

—Affidavit to detail documents objected to and grounds. 176

—Court to decide on genuineness of request. 176

—Court to decide for fairness and to save cost. 176

—Other party may file counter-affidavit. 176

—Court may make order upon hearing of motion and counter-affidavit. 177

—Failure, refusal or neglect to produce document. 177

—Requesting party to use document in possession of requesting party. 177

—Time limit to request for discovery. 177 ORDER 44—POWER OF COURT TO ASK QUESTIONS OF WITNESS

—Judge may ask witness question or order production of document. 177

—Counsel not to object to Judge’s question. 177

—When person summoned is not a witness. 177 ORDER 45—FILING OF WRITTEN ADDRESSES

—Application of Order. 178

—Content and format of Written Addresses. 178

—(1) Summary and conclusion of Written Addresses. 178

(2)When application or address is incompetent. 178

—Sufficient copies of Written Addresses to be filed. 178

—Addition and use of new judicial authorities. 178

—Oral argument and adumbration. 179

—When Court can adopt Written Address and adjourn for judgment. 179

—Regularisation of position of new counsel. 179

—Application for extension of time to file final Written Address. 179

—Application to give cogent and compelling reason for failing to file within time. 179

—When defendant fails to apply for extension of time 179

—When Court may foreclose a defendant from filing final Written Address. 179

—(1) Order to deposit money or security. 204

(2)Appeal may be dismissed for default in deposit or security. 204

(3)Respondent entitled to reasonable cost on dismissed appeal. 204

(4)Reinstatement of dismissed appeal. 205

(5)Appellant not entitled to cost except from net proceeds after full execution of award, etc. 205

—Affirmation, modification amendment of judgment or decision. 205

—(1) Arbitral Body to have Certified True Copy of judgment. 205

(2)Action of Arbitral Body on Court’s judgment. 205

—Arbitral Body to enforce judgment of the Court as its own. 205

—Expeditious enforcement of order of court by Arbitral Body. 205

—Court may enlarge time prescribed. 205

—Order to pay costs. 206

—When time of confirmed award shall begin to count. 206

—(1) Application for order of mandamus to refer matter to the Court. 206

(2)Service of order of mandamus on Minister. 206

—Application for order of mandamus to compel approval or return of award. 206

—Application for order of mandamus to include application to Minister. 206

—Hearing notice and period for response by Minister. 206

—Judge may deliver the judgment on behalf of others in the panel. 207

—Arbitral Body decision not qualified for adr. 207 ORDER 51—GARNISHEE PROCEEDINGS

—(1) Order for Garnishee Proceedings. 207

(2)Content of Garnishee Order 207

(3)Payment not to exceed acceptable amount. 207

(4)Judgment debtor to produce details of account for garnishee. 207

—Ex parte application for Garnishee Order. 207

—(1) Service of Garnishee Order. 208

(2)Order to be binding on the garnishee as specified. 208

—(1) Where Garnishee does not dispute debt. 208

(2)Enforcement of absolute Order 208

—Where Garnishee disputes liability. 208

—(1) Where more than one person make claims on same debt as judgment debtor. 209

(2)Where a judgment debtor has more than one garnishee. 209

(3)Where Garnishee’s debt is insufficient. 209

—Where Garnishee complies absolutely. 209

—Manner of payment of debt by Garnishee. 209 ORDER 52—PROCEEDINGS IN FORMA PAUPERIS

—(1) Application under Forma pauperis. 210

—(1) When court may grant order of Forma pauperis. 210

(2)Who may sue or defend in Forma pauperis. 210

—(1) Conditions to be fulfilled. 210

(2)Counsel to prove indigence of party. 210

—Fees and Costs. 210

—Assignment of legal practitioner. 210

—(1) Procedure to be followed. 210

(2)When an order can be rescinded. 211

(3)When Forma pauperis is not indigent. 211

—(1) Revocation of Order : discontinuance, etc. 211

(2)When Legal Practitioner cannot discontinue action. 211

—Payment to Legal Practitioner. 211

—Duties of Legal Practitioner. 211

—No Appeal in Forma pauperis except by leave. 211 ORDER 53 A.—Jurisdiction of the Chief Registrar

—Chief Registrar includes Deputy Chief Registrar. 211

—Business to be transacted by the Chief Registrar. 212

—Chief Registrar may refer matter back to the President. 212

—Appeal from the Order of the Chief Registrar. 212

—Chief Registrar’s cause list. 212

—Party may be represented by Legal Practitioner. 212

—Power of Chief Registrar to delegate to Registrars. 212 B.—Chief Registrar’s Certificate

—Chief Registrar’s Certificate. 212

—Chief Registrar’s Certificate to refer to relevant judgment or Order. 213

—Form of Chief Registrar’s Certificate in cases of account and transcripts. 213

—When Chief Registrar’s Certificate becomes binding. 213

—Taxing of bills of cost. 213

—Certificate may be discharged or varied by the court. 213 ORDER 54—CHANGE OF COUNSEL

—Notification of change or withdrawal of Counsel. 214

—Service of notification of change of Counsel/legal practitioner. 214

—Where Claimant or Defendant desires to terminate services of counsel. 214

(1)Party effecting change to furnish Registrar with particulars of new counsel. 214

(2)Party effecting change to serve other parties and their counsel notice sent to registrar. 214

—New Counsel to regularize appearance. 214

—Appearance of withdrawn counsel. 214 ORDER 55—COSTS A.—Costs inter-party

—Cost fixed at the Court’s discretion. 215

—Costs follow events. 215

—Court may order payment of costs to be paid from the fund of subject matter of suit. 215

—Court to fix amount of costs at time of judgment. 215

—Principle to be followed in fixing cost. 215

—Court may stay proceedings pending payment of costs by any party. 215

—(1) Deadline and penalty for default in payment of court ordered costs. 215

(2)All costs for default and applications to be borne by party requesting extension. 216

(3)Counsel to bear costs arising from counsel’s default. 216

—Court/taxing officer to determine costs of taxation. 216

—Matters to be considered in taxation of costs. 216

—Fees to be taken into account in taxation of costs. 216

—Principle of taxation of bill of costs. 216 B.—Security for Costs

—When a Claimant or Defendant may be ordered to give security for costs. 216

—Form and manner of security for costs to be determined by court. 217 ORDER 56—INTERPLEADER : THIRD PARTY PROCEEDINGS

—(1) Entitlement to relief by way of interpleader. 217

(2)Meaning of “Sheriff” . 217

—(1) Claimants to goods, etc. taken by with execution process to give notice to Sheriff. 217

(2)Processing between Sheriff and execution creditor. 218

(3)When execution creditor is liable to sheriff 218

(4)When Sheriff can apply to court for execution. 218

(5)Sheriff to withdraw order when execution creditor admits claim. 218

—(1) Mode of application. 218

(2)Service of summons on person who makes claim. 218

(3)No appearance on originating summons. 218

—Applicant to satisfy Court by affidavit. 218

—Adverse titles of claimants. 219

—When application is made by defendant. 219

—Stay of action. 219

—Order upon summons. 219

—Failure or neglect of claimant to appear to obey summons. 219

—Costs, etc. 219 ORDER 57—COMPUTATION OF TIME

—Computation of time. 219

—Holiday. 219

—Time for service of processes. 220

—(1) Power of court to extend time. 220

(2)Court may suo motu or on application extend, etc, time. 220

(3)Interested party may apply for compliance. 220

(4)Court may condone non-compliance. 220

—(1) Endorsement of original process. 220

(2)Amount paid for process.2200

(3)Government institutions excluded from payment of fees. 220

(4)Counsel to government institution to pay fees. 220

(5)Process incompetent for default in payment. 220

(6)Penalty for default on order or directive. 221 Proviso : Further Penalty

(7)When counsel may bear Penalty for default, etc. 221

—(1) Counsel to calculate days of default for penalty 221

(2)Onus of calculating days and penalty for default on Counsel. 221

(3)Process incompetent for violation of rules of the Court. 221

(4)Public holidays not part of default days. 221

(5)Limit to the extension of time. 221

—(1) Party reviving a matter after a year to give 30 days’ notice to the other party. 222

(2)Application for urgent hearing. 222

—Application to set aside or remit an award. 222 ORDER 58—MISCELLANEOUS PROVISIONS A.—Court Sittings and Vacation

—Court sittings. 222

—Court to sit in public, except for special reasons. 222

—Office hours. 222

—(1) Sitting and Vacation periods. 222

(a)Public Holidays 222

(b)Easter Recess 222

(c)Christmas Recess 222

(2)Annual Vacation 223

(3)Posting on Notice Board and Websites. 223

—(1) Court may sit during vacation with consent of all the parties to take urgent matters. 223

(2)Vacation Judges. 223

(3)Hearing of urgent matters. 223

(4)Assignment of non-vacation Judge to hear and determine urgent matter. 223

(5)Parties in urgent matter to be notified of hearing of matter 223

(6)Urgent matter may be reassigned after vacation. 223

—Time for filing and service of pleadings to include annual vacation period. 224

—(1) Filing of process during vacation. 224

(2)Filing during recess. 224

—Delivery of judgment during vacation. 224 B.—General

—Recovery of penalties and costs. 224

—Notices. 224

—Document for filing to be duly endorsed by registrar. 224

—How warrants, etc. for execution are to be addressed. 224

—Validity of a part-heard matter. 224

—Government Ministries, Departments and Agencies (MDAs) excluded from paying fees. 225

—Regularisation of processes. 225

—Affidavit defective in form only. 225

—Amendment and re-swearing of affidavit. 225

—Court’s working hours. 225

—Calculation of penalty for late filing of process. 225

—Failure to obey court order may deny defaulting party right of audience. 225

—(1) Any costs awarded to be paid before next adjourned date. 226

(2)Court not to grant audience to a disobedient or negligent party. 226

—Court may strike out matter for default arising from claimant. 226

—Counsel to bear the costs for negligence, disobedience or default to Court Order. 226

—Where no Rules exist. 226

—Court may inquire into status of counsel. 226

—(1) Media coverage of court proceedings 226

(2)When media coverage may be carried out. 226

(3)Media allowed to remain in courtroom 227

—Legal practitioner not allowed to grant interview, etc. 227 ORDER 59—APPOINTMENT OF PUBLIC TRUSTEE

—Application for appointment of Public Trustee. 227

—Appointment of Public Trustee by President of the court 227

—(1) Eligibility for appointment as Public Trustee. 227

(2)Relationship of Public Trustee to organization. 228

(3)Remuneration and allowances of Public Trustee. 228

(4)Source of payment of remuneration of Public Trustee. 228

—Functions and mandate of Public Trustee. 228

—Terms of appointment of Public Trustee. 228

—Extension of period of engagement of Public Trustee. 228

—Report of Public Trustee. 228 ORDER 60—BUSINESS IN CHAMBERS

—Representation in Chambers. 228

—Interlocutory proceedings may be conducted in Chambers 228

—Proceedings in Chambers to be properly recorded. 228

—Orders made in Chambers to be drawn up. 229

—Costs of proceedings in Chambers to be fixed at Court’s discretion. 229

—Application to set aside or vary order made in Chambers. 229 ORDER 61—WITHDRAWAL OR DISCONTINUANCE

—(1) When party can withdraw or discontinue claim. 229

(2)When Claimant may withdraw any particular claim without leave of court. 229

(3)How party can withdraw or discontinue a claim. 229

—Claimant may withdraw or discontinue claim before defence. 229

—Withdrawal or discontinuance not a defence to subsequent claim. 230

—No filing of the same claim until compliance with Court order. 230

—Withdrawal by consent. 230

—When Claimant withdraws or discontinues claim before defence. 230

—When Claimant withdraws or discontinues claim after joining of issues. 230 ORDER 62—TRANSFER AND CONSOLIDATION (A) Transfer of Cases

—Transfer of cases to other High Courts. 230

—Duty of Registrar. 230

—(1) Transfer of cases from other High Courts. 231

(2)Matter transferred from other High Court 231

(3)Registrar to issue hearing notices. 231

(4)Payment for transferred matter. 231

—(1) Reference or case stated to the Court of Appeal. 231

(2)Ruling of Court on reference and case stated. 231

(3)When ruling admits reference as to Constitution. 231

(4)When ruling admits case stated. 232

(5)Compliance with sub-rule 3 or 4, 232

(6)When Court adjourns matter sine die. 232

—Continuation of a matter in accordance with the opinion of the Court of Appeal. 232

—When the Court is denied jurisdiction by the Court of Appeal. 232

—When a matter may be transferred to another Judge in another division. 232

—The President of the Court may reassign a matter to another judge in another division. 232

—Transfer of a matter to another Judge or Division by the President of the Court at the request of a Judge or party. 233

—When the Judge is transferred to another Judicial Division. 233

(1)Party may apply for reassignment of the matter to another Division. 233

(2)President of the Court may by fiat direct continuation of hearing by the same Judge. 233

(3)President of Court may direct the judge to fix a date for the adoption of Written Addresses. 233

(4)When a transferred judge may hear a part heard matter in a new Judicial Division. 233

(5)Parties may apply to judge to adopt on-going proceedings. 234

—(1) How parties may seek transfer of a matter to the same Judge in the new Division. 234

(2)Response by counsel to the other party to the application for transfer of the matter to the Judge in a new Division. 234

(3)President of the Court to issue fiat for continuation of matter. 234

—(1) Delivery of judgment in new judicial division. 234

(2)Delivery of judgment by another Judge. 234

—(1) When transferee Court may adopt the order made by transferor Court. 234

(2)When exhibits from transferor Court may be allowed to remain or to be reclassified. 235

—Notice to party of receipt of documents of transferred matter and payment of fees. 235

—Service of notice on party concerned in transferred matter. 235

—Conditions for service of notice after payment of fees. 235 B.—Consolidation

—Consolidation of similar actions. 235

—Actions pending before different Judges. 235

—Order to consolidate where parties have similar nomenclature. 235

—Application for consolidation by summons or by motion on notice. 236

—Party applying for consolidation to pay for same. 236

—When the President of the Court may order consolidation. 236

—When the Court may order consolidation. 236

—Consolidation of applications of the same subject matter. 236 ORDER 63—COMMITTAL FOR CONTEMPT OF COURT

—(1) Exercise of the power of committal. 236

(2)When order of contempt is made. 236

—(1) Application for committal to be made by motion on notice. 236

(2)Service of motion on notice, affidavit etc, on intended contemnor. 237

—Court may make an order of committal suo motu. 237

—(1) Order for committal for contempt for disobedience to Court order. 237

(2)Summons to contemnor to appear before the Court. 237

—(1) Contemnor may defend or surrender to the charge. 237

(2)Decision of the Court on contemnor’s defence. 237

(3)The Court may adjourn for judgment. 237

—Where contemnor is not a natural person. 237

—(1) Provisions as to hearing of committal application. 238

(2)Order for committal to be announced in open court. 238

(3)No new grounds allowed. 238

(4)Oral evidence at the hearing. 238

—Saving provisions for contempt in the face of the Court. 238

—Power to suspend execution of committal order. 238

—(1) Discharge of the person committed. 238

(2)Action of sheriff on person committed for contempt. 238

—Payment of fine or giving of security. 239 ORDER 64—STAY OF EXECUTION AND STAY OF PROCEEDINGS PENDING APPEAL

—Appeal section of the Registry and its Functions 239

—Fees of compilation of records of proceedings 239

—Deposit for compilation of records of proceedings. 239

—Payment of estimated sum for records of proceedings. 239

—Receipt for payment for records of proceedings. 240

—Accounting for expenses on records of proceedings. 240

—Failure to pay deficit. 240

—(1) Stay of execution or stay of proceeding pending appeals. 240

(2)Application for stay of proceedings or execution. 240

(3)Filing of application is insufficient for stay. 240

(4)When the issue in the application for stay is not monetary. 241

—Compilation of record. 241

—(1) Court may grant or refuse to grant an order for stay of execution or proceedings. 241

(2)Order for stay of execution may be made subject to conditions. 241

—(1) Application for stay to be regarded as urgent. 241

(2)No further application for stay of execution or proceedings. 241

—Formal order to be drawn up. 241

—(1) Documents for Appeal 242

(2)Application for stay of execution pending appeal 242

(3)Granting or refusal of application for order for stay. 242

—(1) Application for stay of proceedings pending appeal. 242

(2)Granting of stay of proceedings 242

(3)Appeal not to operate as stay of execution or of proceedings 242

—Registrar to bring matter up to knowledge of the President of the Court. 243 ORDER 65—POWER OF THE PRESIDENT OF THE COURT TO AMEND RULES AND ISSUE PRACTICE DIRECTION

—The powers of the President of the Court over new rules. 243

—Publication of new rules. 243

—The powers of the President of the Court to issue practice directions, etc. 243

—Practice Directions, etc., to be published. 243 ORDER 66—ESTABLISHMENT OF COMMUNICATIONS AND SERVICE CENTRE FOR E-FILING

—Powers of the President of the Court to establish e-filing centre. 243

—Further rules thereof. 243 ORDER 67—FEES AND ALLOWANCES

—Fees and allowances. 243

—Regulations. 244

—Appendix—Forms 1, Order 67 r. (1) NICNR, 2017. 245 Schedule of Fees Payable. S. I. No. 1 of 2017 NATIONAL INDUSTRIAL COURT OF NIGERIA (CIVIL PROCEDURE) RULES, 2017 [3th Day of January, 2017] In exercise of the powers conferred upon me by Sections 254(F)(1), of the Constitution of the Federal Republic of Nigeria, 1999 (as amended by the Third Alteration Act, 2010) and Section 36 of the National Industrial Court Act, 2006 and all other powers enabling me in that behalf, I, HON. JUSTICE, BABATUNDE ADENIRAN ADEJUMO, OFR, MCIArb, GFISMN, CFIAR, FCIArb, FNILS, President, National Industrial Court of Nigeria hereby make ORDER 1—REVOCATION, CITATION, SAVINGS, ETC.

ORDER 1—REVOCATION, CITATION, SAVINGS, ETC

Order 1 Rule 1. Revocation.

The National Industrial Court Rules, 2007 and Practice Direction, 2012 are hereby revoked.

2. Citation and Commence- ment.

—These Rules may be cited as the National Industrial Court of Nigeria (Civil Procedure) Rules, 2016 and shall come into effect on the 5th day of January, 2017.

3. Application.

—These Rules shall, save to the extent and as may otherwise be ordered by the President, National Industrial Court of Nigeria, pursuant to Section 254(C) of the Constitution of the Federal Republic of Nigeria, 1999, (as amended) apply to all civil matters in respect of which jurisdiction has been conferred on the Court by Section 254C of the Constitution of the Federal Republic of Nigeria 1999 or any other enactment in force in Nigeria.

4. Objectives and Intent.

—The objectives and intent of these Rules are to—

(1)establish an enduring, equitable, just, fair, speedy and efficient fast-track case management system for all civil matters within the jurisdiction of the Court.

(2)promote in the light of—

(i)specialized nature of the Court ;

(ii)the socio-economic importance of the jurisdiction of the Court ;

(iii)diverse composition of parties, easy and speedy resolution of civil matters, as well as, effective and prudent management of the resources of the Court;

(3)enable a Judge sitting as a single Judge or a panel of Judges to fast track the hearing and determination of all processes, motions and or applications in respect of civil cases within the jurisdiction of the Court.

5. Aim.

—These Rules aim at creating a system for speedy dispensation of justice and fast-tracking of proceedings in the Court, and in particular the hearing and determination of interlocutory applications, motions and notices by—

(a)ensuring that in the determination of appeals against the decisions, awards, or recommendations of the Industrial Arbitration Panel, an Arbitral Tribunal, the Registrar of Trade Unions, or any Commission, Authority or Committee vested with power to deal with any matter within the jurisdiction of the Court and such bodies created by any Act or law (hereinafter referred to as Arbitral Body), the Court will only entertain and determine applications which cannot be taken with the appeals or are based on clear issues of fact and not on recondite points of law ;

(b)ensuring that a Judge or a panel of Judges is assisted in the determination of all matters to reduce delay occasioned in the hearing of proceedings in matters before the Court ;

(c)reducing as much as possible the time spent on the hearing and determination of interlocutory applications during proceedings and reducing the possibility of parties making use of interlocutory applications to frustrate the expeditious conduct of cases ;

(d)discouraging unwarranted or frivolous adjournments occasioned by counsel ;

(e)reducing the delays that may arise in the dispensation of justice by the Court ;

(f)facilitating the integration of Alternative Dispute Resolution (ADR) as provided in Section 254C(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended by the Third Alteration Act, 2010), with adjudicatory mechanisms to expand and provide easier and fairer access to justice for all classes of parties.

6. Court to promote amicable settlement of disputes.

—(1) In any civil proceedings before the Court, it shall be the primary duty of the Court after the parties have joined issues, to promote reconciliation, encourage as well as facilitate amicable settlement of the dispute amongst the parties.

(2)Any of the parties before the Court, may apply to the Court for time within which to reach an amicable settlement of the dispute.

7. Construction of reference to law, rules, etc. Reference to enactments.

—(1) Any reference herein includes a reference to anything done under any corresponding Statute or Rules of Court ceasing to have effect on the commencement of these Rules.

(2)(a) Except where the context otherwise requires, any reference in these Rules to any enactment shall be construed as a reference to that enactment as subsisting with regard to construction or reference to law, rules, and any other enactment.

(b)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, modified, or applied by or under any other enactment.

(3)These Rules shall apply to all proceedings including part-heard causes Savings. and matters in respect of steps to be further taken in such causes and matters for the attainment of a just, effective, efficient, and speedy dispensation of justice. Rules to

—(1) When an action has been filed prior to these Rules and no further apply to step has been taken other than filing, subsequent steps in the proceedings action earlier shall be under these Rules. filed. Court to give

(2)In all other cases where causes or matters are pending, the Court direction to shall give such directions as may be necessary or expedient to ensure ensure conformity with the requirements of these Rules. conformity with rules. President to

(3)The President of the Court may give practice directions, for the give Practice effective implementation of these Rules. Directions. Where No

—(1) Where a matter arises for which no provisions or adequate Rules exist provisions are made in these Rules, the Court may adopt and apply any on a matter. procedure as will in its view do substantial justice to any of the parties concerned in the matter.

(2)These Rules are to be applied by the Court as it considers fit and the Application of Rules by Court may depart from the rules of evidence in the interest of justice as provided Court and in Section 12(2)(b) of the National Industrial Court Act, 2006. Departure from the Rules of Evidence. Disregard for

(3)The Court may disregard any technical irregularity which is likely to Technical result in a miscarriage of justice. irregularities. Interpretation

—(1) These Rules shall be interpreted in accordance with the (Cap. I. 23 Interpretation Act, Cap I.23 Laws of the Federation of Nigeria, 2004. LFN 2004). Meaning of

(2)In these Rules, unless there is anything to the contrary, or the context words as otherwise requires, the following words and expression shall have the meanings contained in ascribed to them as follows— Interpretation Act, Cap

“A matter of National Interest” means a matter relating to a strike, I.23 Laws of matters referred by the Minister of Labour and Productivity under section the 17 of the Trade Disputes Act, 2004, or such other matters as the President Federation of the Court may designate. of Nigeria.

“Administrative Judge” means a Judge of the Court designated by the President of the Court to be in charge of a Judicial Division in a Zone. “agent” whenever the word agent is used in these Rules if it relates to a person at law, body corporate, Commission, agency, or any other body, it means anybody who represents the interest of the person at law, body corporate, Commission, agency or any other body in Nigeria. Any service made on an agent is presumed to be service on the principal.

“Alternative Dispute Resolution” (ADR) means the use of party driven mediation and conciliation processes for amicable resolution of matters between parties.

“Alternative Dispute Resolution (ADR) Centre” means a Centre established in the premises of the Court pursuant to section 254C (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“The Act” means the National Industrial Court Act, 2006. “appearance” means conditional or unconditional appearance : “conditional appearance” means an appearance entered by a defendant or respondent to a suit on protest. “unconditional appearance” means an appearance entered by a defendant to a suit not on protest as to the commencement or initiation of the action. “appeal” shall not include an application for leave to appeal.

“Appellant” means any person who appeals or cross appeals against a decision or an award of an Arbitral Body or any statutory authority and an applicant for leave to appeal.

“Application” means a process initiated by motion before the Court.

“Arbitral Body“ means Trade Unions, Commission or Board of Inquiry orAdministrative Body or Panel or any Authority or CommitteeorAssociation or the Board empowered to implement the Employee’s Compensation Act, 2010 or any other institution vested with power to deal with any matter relating to or connected or arising from the jurisdiction of the Court.

“Association” has the meaning assigned to it by the Trades Unions Act.

“Binding Award” shall have the definition ascribed by the Trade Disputes Act and where it is an award confirmed by the Court it shall have the seal of the Court. An award is binding if it is published in a Gazette by the Minister. Provided that where an award is confirmed by the Court, publication in the Gazette shall not be necessary.

“Cause” includes any action, suit or any other proceedings between claimant(s) and defendant(s), applicant(s)/appellant(s) and respondent(s).

“Certified True Copy” “CTC” means a photocopy or duplicate copy of an original document stamped and certified by a Commissioner for Oaths.

“Chief Registrar” is the Chief Administrative Officer (CAO) of the Court and subject to the approval of the President of the Court is responsible for the day to day running of the operations and administration of the Court.

“Claim” is that aspect of a cause or subject matter in which a party in a matter is stating and seeking the reliefs being sought against any other person(s) in a proceeding before the Court.

“Claimant” is any person seeking any relief (otherwise than by way of counter-claim as a defendant) against any other person(s) in any proceeding.

“Collective Agreement” means any agreement in writing for the settlement of disputes and relating to employment and physical conditions of work concluded between—

(a)an employer, a group of employers or one or more organizations, representatives of employers, on the one hand ; and

(b)one or more trade unions or organizations representing workers, or the duly appointed representative of any body of workers, on the other hand .

“Collective Bargaining” consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in collective bargaining by a union or other labour organization.

“Collective Bargaining Agreement” means an agreement in writing or writings between an employer and a trade union setting forth the terms and conditions of employment or containing provisions in regard to rates of pay, hours of work or other working conditions of employees.

“Collective Dispute” is a dispute between a group of trade unions representing workers and or a group of organizations representing employers.

“Complaint” is a document in which the plaintiff tells the Court the acts of a case, the plaintiff’s version or perspective, and what relief is sought.

“Compact Disk/CD” is an electronic device for storage of data and information in electronic form, either in audio or visual form or both.

“Counsel’’ means a lawyer licensed to practice law in Nigeria in accordance with the Legal Practitioners Act.

“Counter-claimant” is a defendant in a suit in a matter before the Court who is also claiming against the Claimant in the same suit.

“Court” means the National Industrial Court of Nigeria and includes the President and Judges of the Court sitting together as a panel or one Judge sitting as a single Judge.

“Court Process”or “Process” includes originating process, complaints or originating summons, notice of appeal or other notices, pleadings, orders, motions, summons, warrants and all other documents or written communication filed in the Registry of the Court for which service is required in any proceeding before the Court. “day” whenever day is referred to in this rule, day means any day other than a Saturday, Sunday or public holiday and when any particular number of days is prescribed for the doing of any act the number of days shall be calculated by excluding the first day and including the last day. “decision” means any determination of the Court and includes, a judgment, ruling, decree, order, conviction, sentence orrecommendation of the Court.

“Defendant” is a party who is sued and is defending the claim or action and it includes a defendant who is a counter-claimant in the same matter as well as a defendant to a counter-claim.

“Designated e-mail address” means the e-mail address(es) the e-filer has designated to the Electronic Filing Manager (EFM) for electronic service of process or document.

“E-filer” means a party or counsel to a party, an authorized agent of a party or counsel who e-files a process or document in accordance with these rules.

“E-filing” is a process by which a party or counsel in that behalf files a process or document with the Court or Court registry by means of an online transmission of the document through an electronic device or computer to a portal operated by an Electronic Filing Manager of the Court.

“Electronic Filing Manager” (hereinafter referred to as EFM) is an officer of the Court or an independent entity designated, contracted or otherwise engaged by the President of the Court to provide the single interface for managing the electronic filings to the various Divisions of the Court.

“E-filed Service” is a method of electronically serving any e-filed process (pleading, plea, motion or other form of request), required to be e-filed with the Court, by electronically transmitting a copy to the EFM for transmission to the designated e-mail address of the party to be served.

“Employee” is an individual who works full-time or part-time under a contract of employment, whether oral or written, express or implied, and has recognized rights and duties. Such individual is also referred to as a worker.

“External Process Server” means a person or body corporate appointed by the President of the Court to serve any Court process or document relating to a matter before the Court on any party or witness in a matter before the Court.

“Fast Track” is the process of giving a matter priority so as to hear it quickly and speedily because of the exigency of the matter.

“File” means to submit a complaint or application or document in the appropriate form (process) and pay the requisite fees either manually or electronically through the Registry of the Court. “firm” means a business carried on by a sole owner, partnership or body corporate under a separate name.

“Form” means the appropriate form prescribed in the Appendix to these Rules.

“Judicial Division” means a location at which the Court carries out its business in any part of the Federation. All Judicial Divisions of the Court shall be one for the purpose of instituting, commencing and proceeding on any matter within the jurisdiction of the Court.

“Neutral” for the purpose of these Rules, a neutral is a person or entity who has no interest whatsoever either in the cause of the dispute or in the dispute itself between and among the disputing parties and who is taking no side with either of the parties and who is not aligned to any of the parties in the dispute but who is only appointed to facilitate and promote the amicable settlement of the dispute between and/or among the parties.

“Official Process Server” means an officer of the Court designated by the President of the Court or the Rules of the Court to serve Court process(es) or any document(s) relating to a matter before the Court on any party or witness in the matter before the Court.

“Originating Process” means a complaint or originating summons or any other court process(es) by which a suit or action is initiated before the Court. “out of Jurisdiction” in these Rules means out of the Federal Republic of Nigeria. “party” means a person, body corporate or an unincorporated body o r an institution, union or organization who is named as having an interest or being connected with a matter or proceeding before the Court.

“President of the Court” means the President of the National Industrial Court of Nigeria.

“Registrar” includes the Chief Registrar and all other registrars of the Court.

“Registry” means the Registry of the National Industrial Court of Nigeria in any Judicial Division of the Court or any State Registries of the Court.

“Registration as an E-filer” constitutes consent to accept electronic service of processes, pleadings or documents or orders issued by the court relating to a matter before the Court e-filed by other registered E-filers (a party or counsel in the same matter). “representative” means an official or employee of a registered trade unionor employers’ organization or any other party in an action or matter before the Court who is representing the party which such official or employee is representing. “responsible person” in relation to the service of any process or document under these rules means any person who by virtue of the person’s office and standing in the organization or institution is expected to appreciate the importance and relevance of a Court process or document emanating from the Court, which when delivered to and received by the person, such recipient should ordinarily know that the recipient owes it a duty to deliver same to the addressee or otherwise to bring it to the addressee’s attention.

“Respondent” means and includes a person against whom a claim, a n application, an appeal or cross-appeal before the Court is pending.

“Sexual harassment” means an unwanted, unpleasant, offensive or threatening conduct of a sexual nature distinguished from sexual attention that is welcome and mutual. Sexual attention becomes sexual harassment if—

(a)the behavior is persistent, although a single incident or instance can constitute sexual harassment ; and/or

(b)the recipient has made it clear that the behaviour is considered offensive ; and/or

(c)the perpetrator should have known that the behaviour is regarded as unacceptable.

“State Registry” means an office established by the President of the Court for the purpose of carrying out its functions or as may be designated in a Practice Direction under these Rules.

“Suit” means an action or a matter brought or pending before the Court.

“Taxing Officer” means the Chief Registrar or such other officer of the Court as the President of the Court may appoint to tax costs.

“Technical failure” is defined as a malfunction of the Electronic Filing (EF) portal or the court’s owned or leased hardware, software, or telecommunications equipment that results in the inability of an e-filer to e-file a process or document.

“Trade Dispute” means any dispute between employers and workers or between workers and workers, which is connected with employment or non-employment, or the terms of employment and physical conditions of work of any person.

“Trade Disputes Act” An Act to provide for the settlement of trade disputes and other matters ancillary thereto.

“Trade Union” has the same meaning as the Trade Unions Act or a labour organization that is not employers’ dominated organization.

“Tribunal” means an Arbitral Tribunal, including a Board of Inquiry, Registrar of Trade Unions and any other body or authority dealing with any cause or matter on which jurisdiction is conferred on the Court.

“Unfiled document e-service” is a method of electronically serving documents that are not required to be e-filed with the Court but are required to be served on all other parties to the action. Unfiled document e-service occurs by electronically transmitting the documents to the EFM for transmission to the designated e-mail address of the party to be served. “within jurisdiction” means within the Federal Republic of Nigeria.

“Worker” means any employee, that is to say any public officer or any individual (other than a public officer) who has entered into or works under a contract with an employer ; whether the contract is for manual labour, clerical work or otherwise, express or implied, oral or in writing, and whether it is acontract of service or contract of employment orapprenticeship.

11. Meaning of other words.

—Words other than those defined in rule 10 of Order 1 of these Rules, shall have the same meanings as in the Act. ORDER 2—INSTITUTION AND TRIAL OF SUITS

1. Filing of Originating Process in Registry.

—(1) Subject to the provisions of the Act on transfer of suits, an originating process in respect of a matter in which the Court has jurisdiction shall be filed in any Registry of the Court nearest to where the defendant or respondent resides or has presence or in which the defendant or respondent carries on business.

Provided that where economic, security, environmental or other exigencies warrant, an originating process may be filed in the Court’s Registry in a Judicial Division other than that closest to the place of residence or business of the defendant(s) or respondent(s).

(2)Upon the filing of the originating process pursuant to sub-rule (1) of this rule, any hearing notice in respect of the case or matter shall be promptly served on the Defendant(s) or Respondent(s) and may be heard and determined at a Judicial Division as may be directed by the President of the Court.

—(1) In any State where the Court does not have a resident Judge, there shall be a State Registry.

(2)Notwithstanding the provisions of sub-rule 1 of this rule, the President of the Court, may by a Practice Direction establish a Registry in any part of a State with a Judicial Division where the interest of justice and convenience of the stakeholders so demand.

(3)The State Registry shall perform the following functions—

(a)Receiving for filing :

(i)complaints ;

(ii)originating summons ; or

(iii)interim applications ; or

(iv)interlocutory applications ; or

(v)ex parte motion ;

(vi)motions on notice ; or

(vii)witness statement on oath ; or

(viii)any other process.

(b)Transmitting processes filed to the nearest Judicial Division for necessary action ;

(c)Issuing hearing notices to parties or their counsel, as may be required ;

(d)Serving court processes on parties in a suit before the Court ;

(e)Providing service of Commissioner for Oaths for affidavits or any other oath ; (f ) Performing any other function as the President of the Court or a Judge of the Court may direct from time to time. Processes to

(4)In filing any process in a State Registry, parties or their counsel shall comply with comply with all applicable provisions of the Rules of this Court. Rules of Filing Non-

(5)Any process submitted for filing in any of the Registries of the Court compliant which does not comply with any of the applicable Rules of this Court shall be process to rejected by the Registrar. be rejected.

(6)Service of any process filed in any of the State Registries, shall Service to comply with comply with the provisions of Order 7 and all other applicable provisions of rules of the Rules of this Court. Court. When a

(7)Where an Officer in a State Registry wrongly or mistakenly accepts process any process which does not comply with the provisions of these Rules on will not be filing, such process shall be incompetent and shall not be allowed by the Court allowed. to be used for the purpose for which it is intended.

(8)In furtherance of and in compliance with sub-rule 6 of this Rule, any Propriety of process filed process filed in any of the State Registries shall be deemed proper. in the State Registry.

—(1) The State Registries may have Judge’s Chambers. State Registries’ Chambers.

(2)Motions ex-parte or interlocutory applications shall only be heard by Where to hear Judges in open court. interlocutory applications. When Judge

(3)Notwithstanding the provisions of sub-rule 2 of this rule, in appropriate can take cases, the President of the Court may direct that a Judge of the Court take an applications interlocutory application other than motion ex-parte in Chambers of the Registry in Chambers. where the Court has no Judicial Division. Judge to

(4)Where a Judge takes or hears an application in line with sub-rule 3 of deliver ruling this Rule, the Judge may write the Ruling and deliver same immediately or or judgment adjourn the delivery of the Ruling on the matter to another day. The Ruling in open may be delivered in the open Court of the Judicial Division in which the Judge Court. presides. Judge may

(5)Where a Judge takes an application in the State Registry as provided adjourn in sub-rule 3 of this Rule, the Judge may adjourn hearing of the substantive hearing of suit to the Court where the Judge presides. substantive matter. Where

—(1) Where there are several defendants or respondents who reside several or carry on business in different Judicial Divisions, the suit may be commenced Defendants in any one of those Judicial Divisions subject to any order or direction of the or Court as to the most convenient arrangement for trial of the suit. Respondents reside in different Judicial Divisions. President

(2)Notwithstanding the provisions of rule 1 of this Order, the President may assign of the Court may in the interest of justice, fairness, balance of convenience, Division for equity and security of parties and the Court, direct that a case be heard in a hearing of Judicial Division other than where the case was filed. matter. Assignment

(3)Any matter filed in any of the Registries of the Court may be heard of matters in any Judicial Division of the Court, as the President of the Court may direct, by President in line with sub-rule 2 of this Rule. of the Court. Suits

—Where any suit is commenced in the wrong Judicial Division, it may commenced be tried in that Division unless the President of the Court otherwise directs. in the wrong Judicial Division. Party may

—Where a party has justifiable grounds for a suit commenced in a apply for particular Judicial Division to be heard in another Judicial Division, such a appropriate party or counsel to the party may apply to the President of the Court to consider Division and give directions as to the appropriate Judicial Division in which the suit where matter may be heard. The direction of the President of the Court on such application may be heard. shall be final.

—Whenever any matter under section 7(1)(b) ; section 17(1) and (2) ; Matters to be referred to section 18 or section 19 (a) and (c) of the Act is filed in any Division of the the President Court, the Registrar shall refer the matter to the President of the Court for of the Court assignment to a Judge of the Court or a panel of Judges as the President of for the Court may deem fit. assignment.

—Notwithstanding the provisions of Rule 7 of this Order, the President President may delegate of the Court may delegate the assignment of the matters mentioned in Rule 7 assignment of this Order to the Administrative Judge in charge of the Judicial Division or of matter. to a Judge in a Judicial Division.

Provided that the power so delegated shall not extend to or include cases bordering on the provisions of section 254C (1)(c) and (e) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and sections 17 (1) and (2) and 19 (c) of the National Industrial Court Act, 2006.

9. Assigning matter of national interest. Panel may sit on matter of national interest.

—(1) Where a matter of national interest is before the Court, the President of the Court may hear the matter or designate a Judge of the Court to hear the matter.

(2)Notwithstanding the provisions of sub-rule 1 of this rule, where there is a matter of national interest, the President of the Court may constitute a panel of three Judges of the Court to hear and determine the matter.

10. Designating an Administrative Judge. President or Administrative Judge may hear or constitute panel of Judges. Zones of the Court.

—The President of the Court may designate a Judge in a Judicial Division as the Administrative Judge.

—Where a matter of national interest is to be heard by a panel of Judges in a Judicial Division, the President of the Court may preside or the Administrative Judge may constitute a panel of Judges of the Judicial Division to hear the matter and the Administrative Judge shall preside over the matter where the President of the Court so directs.

—For the purpose of these Rules and adjudicatory convenience, the Court shall be divided into the following Zones : North-East Zone : Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe States. North Central Zone : Benue, Kwara, Kogi, Nasarawa, Niger, and Plateau States and the Federal Capital Territory, Abuja. North West Zone : Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto and Zamfara States. South East Zone : Abia, Anambra, Ebonyi, Enugu and Imo States. South South Zone : Akwa Ibom, Bayelsa, Cross River, Delta, Edo and Rivers States. South West Zone : Ekiti, Lagos, Ogun, Ondo, Osun and Oyo States.

13. Co-opting of Judges to constitute a panel of three Judges.

—Where a matter is to be heard by a panel of Judges in a Judicial Division and there is only one Judge or there are not more than two Judges in that Judicial Division, the President of the Court may constitute a panel or otherwise direct and cause the most senior Administrative Judge in that Zone to co-opt as member(s), any Judge(s) from any constituent part of the Zone in which that Judicial Division is located, in order that a panel of at least three (3) Judges can be constituted to hear and determine the matter.

—In constituting the panel on matters relating to rule 7 of this Order, President or Judge of the the President of the Court may preside or assign a Judge of the Court to Court to preside. preside over Certain Matters

—Notwithstanding the provisions of this Order, in the interest of justice, President may direct fairness, equity, convenience and security of the parties and the Court, the Judicial President of the Court may direct that any process filed in any Division or Division Registry of the Court be heard partly or to conclusion in any other Division of where matter the Court other than where it was filed or commenced. may be heard and concluded

—Whenever any matter relating to any monetary or other claim other Other matters that than matters specified under section 254C(5) of the Constitution of the Federal may be Republic of Nigeria, 1999 (as amended by the Third Alteration Act, 2010) is referred to filed in any Judicial Division or Registry of the Court, the matter may be the President referred by the President or a Judge of the Court hearing the matter to the of the Court. ADR Centre of the Court for resolution. Matters not

—(1) Any cause or matter commenced by originating summons or qualified for seeking any declaration for equitable or legal rights or interpretation of referral to enactments, deeds, referral by the Minister of Labour and Productivity and the ADR agreements shall not qualify for referral to the ADR Centre. Centre.

(2)All causes or matters challenging the appointment of a person to an Matters challenging office, union or association or organization or as Public Trustee shall not qualify the for referral to the ADR Centre. appointment of Public Trustee, etc. Matters

(3)No causes bordering on collective disputes arising from the Trade arising from Dispute Act (hereinafter referred to as TDA) shall qualify for Alternative collective Dispute Resolution (ADR) Centre.Accordingly, only matters involving individual disputes not disputes may be referred to the ADR Centre. for ADR. ORDER 3—FORMS AND COMMENCEMENT OF ACTION (FORM 1, 2, 45, 46)

—(1) Civil proceedings in the Court may be commenced by— Commence-ment of

(a)Complaint ; Form 1. action.

(b)Originating Summons ; Form 45, 46.

(c)Originating motions ;

(d)Application for Judicial Review ;

(e)Notice of Appeal or Petition ; (f ) Referral from the Minister of Labour and Productivity;

(g)by any other means that may be prescribed by these Rules, Act or Law in force in Nigeria.

(2)The processes mentioned in sub-rule (1) of this rule shall be filed and sealed in any of the Registries of the Court in accordance with the provisions of Order 2 rule 1 of the Rules of this Court.

2. Action by Complaint. Form 1.

—(1) Civil proceedings that may be commenced by way of Complaint include all matters in which the Court has exclusive jurisdiction as provided in section 254C(1) paragraphs (a)-(k) and (m) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) or by any Act or law in force in Nigeria.

(2)Where any matter relating to Section 254C(1)(d) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is to be filed before the Court, such matter, if —

(a)it relates only to interpretation, shall be by way of Originating summons ;

(b)it relates to interpretation and application shall be by way of Complaint.

—Civil proceedings that may be commenced by way of Originating Summons include matters relating principally to the interpretation of any constitution, enactment, agreements or any other instrument relating to employment, labour and industrial relations in respect of which the Court has jurisdiction by virtue of the provisions of section 254C of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or by any Act or law in force in Nigeria.

4. Action by Application for Judicial Review.

—Actions that may be commenced by Application for Judicial Review include all matters necessitating application for an order or for a declaration or for mandamus, prohibition, certiorari or injunction, in such matters on which the Court has exclusive jurisdiction, as provided in section 254C(1) paragraphs

(a)-(k) and (m) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or by any Act or law in force in Nigeria.

5. Action by Notice of Appeal.

—(1) Civil proceedings that may be commenced by Notice of Appeal or by Petition include all matters in respect of which the Court has appellate jurisdiction as provided in section 254C(1) paragraph (l) (i) and (ii) of the Constitution of the Federal Republic of Nigeria, 1999 as (amended) or by any Act or law in force in Nigeria.

(2)Other civil proceedings that may be commenced by Notice of Appeal include matters on which appellate jurisdiction has been conferred on the National Industrial Court by the provisions of Section 55 (4) of the Employees’ Compensation Act, 2010.

6. Action arising from referral by Hon Minister. Action by Motion on Notice.

—Civil proceedings that may be commenced by referral from the Minister of Labour and Productivity include such matters in respect of which the Court has jurisdiction in accordance with the provisions of Section 14 of the Trade Dispute Act.

—(1) Whenever a party to a suit intends to move the Court to take any action touching on or concerning or in respect of a matter already before the Court either as Complaint, Originating summons, or Appeal, such action shall be by Motion on Notice.

(2)(a) Whenever an interested party to a suit prays the Court to grant the party hearing ex parte, such application shall be made by Motion ex parte supported by an affidavit setting forth the grounds upon which hearing is sought as well as a Written Address.

(b)The application shall be on matters in which the Court has exclusive jurisdiction and on issues that relate to the proceedings of the Court such as—

(i)an application for leave of Court to serve out of jurisdiction ;

(ii)a request for substituted service ;

(iii)an application for an interim order of injunction, or

(iv)Other applications of an interlocutory nature as the Court may deem fit to order.

8. Content of Complaint.

—The Complaint shall state specifically the relief or reliefs claimed either singly or in the alternative and it shall not be necessary to ask for general or other reliefs which may be given as the Court may think just.

9. Document to accompany Complaint.

—The Complaint shall be accompanied by :

(a)a statement of facts establishing the cause of action ;

(b)a list of witnesses to be called ;

(c)a Written Statements on oath of all witnesses listed to be called by the Claimant ; and

(d)a list and number of copies of documents and other exhibits to be tendered at the trial.

10. Format of Complaint.

—The Complaint shall be in the format set out in Form 1 and shall contain—

(a)in PART 1 the following information :

(i)the title of the matter ;

(ii)the suit number assigned to the matter by the Registrar of the Court ;

(iii)an address for service of the party or of the party’s counsel filing or delivering the document, at which the party will accept notices and service of all documents in the proceedings ; and

(iv)a notice to the other party that if that party intends to oppose the matter, a response shall be filed by such party in accordance with the provisions of Order 15 Rules 1, 2, 3 and 4 within fourteen (14) days of service of the statement of claims, failing which the matter may be set down for default judgment and order for costs may be granted against that party.

(b)in PART 2 the following information :

(i)the names and description and addresses of the parties ;

(ii)a clear and concise statement of the material facts establishing the cause of the action in chronological order, on which the party relies, which statement shall be sufficiently particularised to enable any opposing party to reply to ;

(iii)a clear and concise statement of the legal issues that arise from the material facts, which statement shall be sufficiently particularized to enable any opposing party to reply to ; and

(iv)the relief sought ;

(c)The Complaint shall—

(i)be signed by the party to the proceedings or by such party’s legal practitioner ;

(ii)express all dates, sums and numbers contained in the document in figures ;

(iii)be accompanied by a schedule listing the documents and the number of document and exhibits that are material and relevant to be used at the proceedings

11. Claimant to forward schedule of Documents to other party. Form 1A. Schedule of admissible or non- admissible documents. Form 1A.

—(1) In addition to the provisions of Rules 8 and 9 of this Order, the Claimant shall file along with the claim, a schedule of all documents and exhibits to be relied upon at the trial and upon filing, forward an advance copy of same to the defendant(s).

(2)Within fourteen (14) days of the receipt of the schedule referred to in sub-rule 1 of this rule, the defendant shall file an acknowledgment indicating the document(s) the admissibility of which the defendant shall not be objecting to as well as those documents the admissibility the defendant shall be objecting to at the trial.

(3)Any document and exhibits contained in the schedule which is/are not objected to by the defendant(s) may be deemed admitted and shall not be allowed to be objected to at the trial, except as the Court may otherwise direct.

Provided that :

(a)where the admissibility of a document is not objected to as provided in sub-rule (2) of this rule, the party seeking to put in the document in evidence shall tender same as an exhibit and the Court shall admit and mark same as an exhibit.

(b)where the admissibility of a document contained in the schedule is objected to by the Defendant, the ground of objection shall be raised at the trial and the Court may immediately or at judgment rule on the objection raised by the party to the admissibility of the document.

12. Originating process relating to monetary claims, etc.

—(1) Where a party files an originating process arising from or connected with payment or non-payment of any monetary claim or salary, allowances, pensions, gratuity or benefit arising from any employment, the party shall clearly state in the statement of claim—

(a)the source of the claim ;

(b)the amount being claimed or owed ;

(c)when the amount for payment became due ;

(d)when the demand(s) for payment was or were made ;

(e)how the demand(s) for payment was or were made ; and (f ) the response, if any, of the defendant to the demand(s) for payment being made.

(2)An employee or an employee’s dependant may file an originating process for compensation on any matter relating to or connected with death or injury, illness or disease at the workplace or in the course of the employee’s employment or engagement.

Provided that the employee or the employee’s dependant has not filed an appeal to the Board implementing the Employee’s Compensation Act, 2010, in accordance with the provisions of Section 55 (4) of the Employee’s Compensation Act, 2010.

(3)Where an employee or employee’s dependant has elected to take the employee’s request for compensation to the Board implementing the provisions of the Employee’s Compensation Act such employee or employee’s dependant shall not file an originating process with the National Industrial Court of Nigeria.

(4)Where an employee or employee’s dependant files an originating process for compensation pursuant to sub-rule (2) of this rule, the employee or employee’s dependant shall clearly state in the originating process or statement of claim—

(a)the name and address of the employee ;

(b)the name and address of the employer ;

(c)the place, date and time of the illness, disease, injury or death ;

(d)the nature and cause of the death, injury, disease or illness ;

(e)the name and address of any specialist or accredited medical practitioner who attended to the employee ;

(f)the report(s) of the specialist or accredited medical practitioner who attended to the employee ;

(g)copy(ies) of the report of the death, injury, illness or disease informing the employer of occurrence of death, injury or disease ; and

(h)copy(ies) of the employee’s correspondence with the employer on the request for compensation and responses, if any.

(5)Where a defendant is served with an Originating Process that conforms with rules 8 and 9 of this Order, the defendant shall explicitly and clearly state in details in the defendant’s statement of defence :

(a)whether the defendant admits the claim in whole or in part ;

(b)if the defendant admits the claim in part, the defendant shall state what part of the claim is admitted and how the defendant intends to pay the part or amount admitted ;

(c)if the defendant has a counter-claim or set-off against the claim, the defendant shall clearly so state in the defence and shall proceed to file and plead the counter-claim which shall be treated as a separate claim ;

(d)where the defendant files a counter-claim or set–off as defence to the Claimant’s claim, the Claimant shall file a statement of defence to the counter-claim and/or the set-off within seven (7) days of the date of receipt of the counter–claim and/or set-off ;

(e)where the defendant admits part of the claim, the Claimant may bring an application for the payment of the part admitted by the Defendant ; (f ) where in a matter before the Court, the defendant admits part of the claim, the Court may suo motu enter judgment for the payment of the part of the claim admitted by the Defendant.

(6)Where there is an admission of part of the claim, the Court shall proceed to hearing the remaining part of the claim or counter-claim.

13. Complaint on termination of appointment.

—Where the Claimant is challenging the termination of appointment, the suspension or dismissal of the Claimant therefrom, the Complaint shall be accompanied by the Claimant’s letter of appointment, if any, together with a letter of confirmation of appointment, letter(s) of promotion where applicable, notice or letter of suspension, termination of appointment or dismissal and all other documents the Claimant wishes to rely upon at the trial of the suit. The accompanying documents shall be exhibited along with the statement on oath as bundle of exhibits in support of the Claimant’s claim before the Court.

14. Defendant’s response to Rule 12 above. Application for leave to call additional witness(es).

—The Defendant thereto may by a statement on oath supported by a counter-affidavit and accompanied by relevant documents respond to the documents filed by the Claimant.

—Notwithstanding the provisions of rules 9 and 10 of this Order, a party in a matter before the Court may apply for leave to call additional witness(es) after filing the party’s list of witnesses.

Provided that such a party shall file along with the application for leave, the said witness(es)’s written statement on oath subject to the provisions of Order 15 of these Rules.

16. Application for the determina- tion or declaration of rights. Form 45 or 46. Party to give sufficient details of provisions for interpretation. Format of appealing.

—(1) Any person claiming to be interested under an enactment, constitution, agreement or any other written instrument may by originating summons apply to the Court for the determination of any question of construction arising from the instrument and for a declaration of the rights of the person(s) interested, in so far as such question of construction arises from a subject matter over which the Court has jurisdiction.

(2)A party activating the interpretative jurisdiction of the Court shall indicate with sufficient particularity the provisions or part of the document sought to be interpreted.

(3)Where the claimant complains against an award or decision of an Arbitral Tribunal, Board of Inquiry, decision of the Registrar of Trade Unions or decision of the Board empowered to implement the Employee’s Compensation Act, 2010 or any other authority in respect of any matter within the jurisdiction of the Court (hereinafter referred to as Arbitral Body), the complaint shall be accompanied by a Record of Appeal, which shall comprise :

(a)The Notice of Appeal against the decision of the Arbitral Body being complained of ;

(b)Certified True Copy(ies) of all the processes exchanged by the parties at, or the representations made to the lower Tribunal ;

(c)Certified True Copy(ies) of the record of proceedings before the Arbitral Body (where applicable) ;

(d)Certified True Copy of the Award or decision of the Arbitral Body ; and

(e)Appellant’s Brief of Argument.

Provided that in the case of an appeal from the decision of the Board of the Employee’s Compensation Act, 2010, the appellant has not filed an Originating process with the Court on the same subject matter of compensation for death, injury or disease, illness or disability or ill-health or safety at the workplace.

17. Documents to accompany Originating summons. Form 45, 46, 47, 48.

—(1) An Originating summons shall be accompanied by :

(a)an affidavit setting out the facts relied upon to sufficiently identify the cause or causes of action in respect of which the claimant claims relief or remedy ;

(b)copies of the instrument indicating part(s) sought to be construed (other than an enactment) and other related documents ;

(c)a Written Address containing the issues to be determined and succinct argument of the issues.

Provided that where a suit raises a substantial dispute of facts or is likely to involve substantial dispute of facts, it shall not be commenced by way of originating summons, but by Complaint as provided for in rules 8 and 9 of this Order.

(2)Where in the opinion of the Court, a suit commenced by Originating summons raises substantial issues and dispute of facts, the Court shall not strike out the matter, but may order its conversion to Complaint and direct the parties to file and exchange pleadings and conduct the trial of the case in accordance with the Rules of the Court governing trial.

18. Representative counsel to be served processes.

—Where a Claimant has appointed or instructed Counsel to represent the Claimant in Court, and the Counsel has entered appearance, all processes in the matter shall be served on the Claimant’s Counsel, except as the Court may otherwise direct.

19. Number of Documents for Service.

—The party filing an Originating Process as provided in rule 17 of this Order shall leave at the Registry sufficient number of copies thereof together with all the accompanying documents for service on the Defendant(s) or Respondents(s) and five (5) copies to be kept in the case file.

20. Time for filing in Registries.

—Court process(es) shall only be submitted for filing in any of the Registries of the Court between the hours of 8.00 a.m. and 3.00 p.m. during working days.

Provided no process(es) shall be received on Saturdays, Sundays and on public holidays.

21. Effect of failure to comply with the requirements of the Rules.

—(1) Where a Claimant fails to comply with rules 7, 8 and 9 of this Order, as the case may be, the Claimant’s originating process shall not be accepted for filing by the Registry.

(2)Where a Claimant fails to comply with rules 9 and 10 of this Order, Challenging the the Defendant may file a motion on notice challenging the competence of the competence action filed by the Claimant. Such notice shall be filed within seven (7) working of action. days from the date of receipt of the originating process and shall state the grounds of incompetence in the supporting affidavit. Claimant’s

(3)Where the Claimant receives the notice in sub-rule 2 of this rule, counter-from the Defendant(s), the Claimant shall file a counter-affidavit in response affidavit. to the notice within five (5) working days. The counter-affidavit shall be supported by a Written Address.

—(1) The Registrar shall indicate the date and time of presentation Registrar to indicate time for filing on every originating process presented and shall arrange for service of filing of thereof to be effected on the other parties. process and arrange

(2)An originating process shall not be altered after it is sealed except service. upon application to the Court. When pre-

—(1) Whenever service of pre-action notice is statutorily required action notice for a party to bring an action against a defendant, the party bringing the action is required. shall file a photocopy of the pre-action notice served on the Defendant along with an originating process. Action filed

(2)Where an action is filed without a photocopy of the pre-action notice, without the Court may declare the process incompetent. photocopy of pre-action notice. ORDER 4—ENDORSEMENT OF CLAIM AND CONTACT INFORMATION Formatting

—Every originating process shall be printed on Opaque A4 paper of of good quality and shall contain the claim, the relief or remedy sought with the Originating full names and address of the claimant or appellant. Process. Forms 1, 2,

—Where a claimant sues, or a defendant or any of several defendants is Endorsement to reflect sued in a representative capacity, the originating process shall state that the Representative suit is brought in that capacity. Capacity

—Where the claim is for debt or liquidated demand only, the originating Endorsement where Claim process shall state the amount claimed and shall further state that the defendant is liquidated may pay the amount with costs to the claimant or the claimant’s Counsel demand. within the time allowed for appearance and that upon such payment the proceedings shall terminate.

—(1) A claimant suing in person shall state on the originating process Originating process to the Claimant’s contact address(es), telephone number(s) and e-mail address(es) indicate as the Claimant contact information for service of any Court process. claimants or counsel’s contact information. Contact

(2)Where a claimant sues through Counsel, the Counsel shall state on information the originating process the address, telephone numbers and e-mail address(es) of of the Counsel’s chambers as the contact information for service. Claimant’s Legal

Provided that where the Claimant’s Counsel is domiciled outside the Judicial Practitioner. Division where the suit was filed, the Counsel shall in addition, state the address, telephone numbers and other contact information of Chambers within the Judicial Division of the Court as contact information for service of processes on the Claimant’s counsel. Signature of

(3)An originating process shall be signed by the Claimant or Counsel Counsel on where the claimant sues through a Counsel. originating process. Form 1 Change of

(4)Where a party or his or her counsel changes the contact information contact as specified in this Rule, party or counsel to the party shall notify the Court information. and the other party or counsel to the other party of the change of contact information. Failure to

(5)Where a party or counsel representing a party fails to notify the notify of Court, the other party or counsel to the other party of a change in the party’s change of contact information, service of any process on the party or on the party’s contact counsel through the contact information earlier provided in sub-rule (1) of this information. Rule shall be deemed good and sufficient service. Contact

(6)A party instituting an action or process shall state on the originating address of process the contact addresses (residential and business) and telephone Defendant/ number(s) or e-mail addresses (where available) of the Defendant/Respondent Respondent. as the contact information for service on the Defendant/Respondent. When a

—Where the originating process does not correctly state the contact process can information for service, it shall not be accepted and where such contact be set aside information is vague, fictitious or misleading, the Court on the application of for faulty the Defendant may set the process aside. contact information. ORDER 5—EFFECT OF NON-COMPLIANCE Effect of

—Failure to comply with any of these Rules may be treated as an Non-irregularity and the Court may give any direction as it thinks fit. Compliance. Application

—(1) An application to set aside for irregularity any step taken in the to set aside course of any proceedings, may be allowed where it is made within a reasonable for time and before the party applying has taken any fresh step after becoming irregularity. aware of the irregularity. Applications

(2)An application under this rule may be made by summons or motion by summons and the grounds of objection shall be stated in the summons or notice of motion. etc. Departure

—The Court may direct a departure from these Rules where the interest from the of justice so requires. rules in the interest of justice. Further

—(1).At any time before or during the hearing of a matter the Court may— Departure

(a)direct, authorize or condone a departure from the Rules, where the from the Court is satisfied that the departure is required in the overall interest of Rules justice, fairness and equity.

(b)give such directions as to procedure in respect of any matter not expressly provided for in these Rules as may appear to the Court to be just, expedient and equitable.

(2)The Court may, on good cause shown, condone non-compliance with Condonation of non-any period prescribed by these Rules. compliance with the Rules.

(3)Where the Court on good cause shown to it condones non-compliance, When Court condones in accordance with sub-rule (2) of this Rule, the Court may make an appropriate non- Order by which the Order shall be complied with. compliance with the Rules. Application

—(1) Where any of the parties apply to the Court for a departure for departure from the Rules, such application shall be made by motion on notice accompanied from the by an affidavit and a Written Address stating grounds for seeking a departure Rules of from the Rules while exhibiting due diligence in prosecuting the matter before Court. the Court. The application shall be filed at least seven (7) days before the next date of hearing or as the Court may in the interest of justice direct. Respondent’s

(2)Upon receipt of the Motion on Notice mentioned in sub-rule (1) of written this rule, the Defendant or Respondent shall file a Counter Affidavit, if any, address. along with the Defendant’s Reply and Written Address within seven (7) days of the date of such service on the Defendant or Respondent as the Court may in the interest of justice direct. Oral

(3)Notwithstanding the provisions of Rule 3 of this Order, in case of application extreme urgency, the Court may under special and exceptional circumstances for departure allow any of the parties to make an oral application to depart from the Rules, from the specifying compelling and exceptional circumstances why the Court should Rules. allow a departure from the Rules.

(4)In exercising any of its powers as may be conferred by the provisions Consideration of matter in of these Rules, the Court may take into consideration the exigency of the the interest matter and the interest of justice and equity. of justice, equity and exigency.

6. Rules of Common law and rules of equity.

—(1) In any proceeding before it, the Court may apply the rules of common law and the rules of equity concurrently.

Provided that where there is variance between the rules of common law and the rules of equity, with reference to the same subject matter, the rules of equity shall prevail.

(2)In any proceeding pending before it, the Court may as a specialized Court—

(a)regulate its procedure and proceedings as it thinks fit in the interest of justice and fair play.

(b)in appropriate circumstances, depart from the Evidence Act as provided in section 12 (2) (b) of the National Industrial Court Act, 2006 in the interest of justice, fairness, equity and fair-play.

(3)In any proceeding before it, the Court shall apply fair and flexible procedure and shall not allow mere technicalities to becloud doing justice to the parties based on the law, equity and fairness while also considering the facts of any matter before it. ORDER 6—FILING AND ISSUE OF ORIGINATING PROCESS

1. Sufficient copies of Originating Process to be left with the Registrar. Copies to be signed by Claimants.

—(1) A claimant or Counsel shall, on presenting any originating process for filing and sealing, leave with the Registrar as many copies of the process as there are defendants or respondents to be served and one copy for endorsement of service on each defendant or respondent.

(2)Each copy shall be signed by the claimant suing in person or by the Counsel otherwise and shall be certified after verification by the Registrar as being a true copy of the original process filed.

(3)The Registrar shall seal every originating process which shall thereafter be deemed to be issued.

2. Registrar’s action on duly filed Originating Process.

—The Registrar shall after sealing an originating process, file it and note on it the date of filing and the number of copies supplied by a claimant or the claimant’s counsel for service on the defendants. The Registrar shall then make an entry of the filing in the Cause Book and identify the action with a Suit Number that comprises the abbreviation of the Judicial Division, a chronological number and the year of filing.

3. Registrar to arrange prompt service of Originating Process.

—The Registrar shall arrange for prompt service of a copy of the originating process and accompanying documents on each defendant or respondent.

4. Lifespan of an Originating Process. Extension of lifespan of originating process.

—(1) Every originating process shall ordinarily be valid for 6 months in the first instance beginning from the date of its issue.

(2)Where the Court is satisfied that it has proved impossible to serve an originating process on any defendant/respondent within its lifespan and a claimant applied before its expiration for renewal of the process, the Court may renew the original or concurrent process for three (3) months from the date of such renewal.

5. Renewal of Originating Process.

—The Court may for good cause shown and upon timely application order two renewals in each case, provided that no originating process shall be in force altogether for longer than a period of 12 months. The Registrar shall state the fact, date and duration of renewal on every renewed originating process.

6. Loss of Originating Process.

—Where an originating process is lost after issuance, the Court, upon being satisfied of the loss and of the correctness of the process, may order the copy to be filed and sealed in place of the lost originating process.

7. Concurrent Originating Processes.

—A claimant may on the issuance of an originating process or at any time during its validity, cause to be issued one or more concurrent originating processes each to bear the same date as the initial process marked ‘CONCURRENT’ with the date of issue stated on it.

8. Issuance and Marking of Concurrent Originating Process for service.

—An originating process for service within the country may be issued and marked as a concurrent originating process with one for service out of the country or vice versa.

9. When Claimant can withdraw process.

—Notwithstanding anything contained in this Order, where a Claimant files an originating process at the Registry of the Court, the Claimant or the claimant’s counsel may by notice of discontinuance withdraw the originating process either—

(a)before the service of the originating process is effected on the Defendant or Respondent ; or

(b)before the Defendant/Respondent files a defence or response. ORDER 6A—ELECTRONIC FILING OF PROCESS AND DOCUMENT

1. Scope of Rules.

—(1) These rules shall govern electronic filing (“e-filing”) of all processes or documents connected with or relating to any matter before the Court.

(2)There shall be an E-filing Centre for electronic filing and payment of filing fees for processes and documents relating to or connected with a matter before the Court. Document

—A party or counsel to a party may e-file any process or document that that may not may be filed with the Court in paper form except : be e-filed.

(1)Documents to be presented to the Court in Chambers or in camera, Document for chamber solely for the purpose of obtaining a ruling, and ; or presentation in camera.

(2)Documents to which access is otherwise restricted by law or Court Documents restricted by order, etc. law. Electronic

—(1) There shall be an officer of the Court designated as an Electronic Filing Filing Manager (EFM) at the E-filing Centre. Manager (EFM).

(2)The EFM shall be responsible for the management of processes and Responsibility of EFM. document transmitted to the electronic filing portal of the Court.

—A party or party’s counsel desiring to e-file a process shall first register E-filing to EFM as an E-filer with the EFM in order to e-file with the Court. through Court portal.

—Any process or document to be e-filed must be formatted as follows : Format of e- filed document. Typed on A4

(1)Typed or printed on 8.27 x 11.29 A4 white opaque paper ; paper size.

(2)Formatted in text-searchable portable document format (PDF) Formatted in PDF. with the content appropriately rotated.

(3)Any process or document that is not compatible with the prescribed Conformity with format stated in sub-rules (1) and (2) of this rule will be automatically rejected prescribed by the portal. The E-filer must confirm that each document is compatible with format. this format before it is e-filed.

(4)Exhibits and appendices may be saved directly where such documents Attachment of exhibits are in soft copy or scanned where they are printed on hard paper copy material and and saved into one specifically named computer file with the authentication appendices. number of the E-filer and suit number and other relevant details of the matter.

—(1) A party or counsel e-filing a process may do so to the EFM E-filing through through the portal of the Court. Court portal

Provided that no alternative electronic document filing and transmission system to EFM. may be offered by courts or registrars.

Provided also that parties or their counsel shall not file documents through any alternative document filing transmission system including tele-copier or fax.

Provided further that no court ruling, order, or practice of any court may be inconsistent with these rules.

(2)(a) The EFM shall issue the registered E-filer with an Authentication EFM to issue Registration Number (ARN). Authentication Registration Number (ARN) Use of ARN.

(b)The ARN shall be used by the E-Filer in subsequent e-filing of any process or e-communication or correspondence with the Court on the matter before the Court.

(c)An e-filer must also provide designated e-mail address(es) to the Provision of e-mail EFM. address. Rejection of

(3)No process or document e-filed without the ARN will be accepted process or by the portal of the Court or transmitted to the EFM or to the Registry of the document Court for further processing. without ARN. Sending of

(4)Any process or document e-filed with the ARN may be sent to the document or portal of the Court and the EFM will forward the document to the Registry of process with the Court. ARN. Automatic

(5)Where a process is properly e-filed and accepted by the portal, the receipt of e-portal of the Court will : filed process or document. Court’s

(a)generate an e-mail acknowledging receipt of the e-filing ; portal to generate acknowledge-ment. Send

(b)send the automatically generated e-mail to the designated e-mail acknowledge-address of the e-filer ; ment to e-filer. Confirmation

(6)Thereafter the e-filer will also receive a confirmation of the Registrar’s of Registrar’s acceptance of the filing, and a file-stamped copy of the document. acceptance of e-filed process.

—An E-filer may e-file more than one process or document in the same E-filing of multiple matter by a single transmission to the portal of the Court to the EFM. Each e-documents. filed document will be individually treated and may be accepted or rejected by the Registrar.

8. Electronic signature.

—(1) Counsel’s electronic signature constitutes the Counsel’s signature on the document in compliance with the signature requirements in these Rules, and authorizes payment of all filing and service fees associated with the e-filing.

(2)If a document must be notarized, sworn to, or made under oath, the e-filer may electronically notarize the document or must scan the page with the notarized signature(s) or oaths and must include the page with the scanned notarized signature(s) or oaths with the document.

(3)If a document requires the signature of an opposing party, the E-filer must scan the page with the signature(s) of the opposing party and must include the page with the scanned signature(s) with the document.

(4)When an e-filer e-files a scanned image of a notarized signature or oath, pursuant to sub-rule (3) of this rule, the e-filer must retain the original document from which the scanned image was made until the case in which the document was filed is resolved. If the original document is in another party’s possession, that party must retain the original document until the case in which the document was filed is concluded.

9. Designated e-mail addresses.

—An e-filer must include designated e-mail address(es) for e-service on all e-filings. An e-filer must notify the Registrar and the EFM of any change of the e-mail address within one business day of the change. The Registrar of the Court may send notices or other communications about a case to the designated e-mail address of the party to be served or the party’s duly authorized agent or counsel of record in lieu of physical service of the paper documents.

10. Hyperlinking of document or process.

—An e-filed document may contain hyperlinks to another part of the same document or process on the same matter or party in the same matter, an attachment or exhibit contained within the same computer file.

11. Process or document must be malware or virus free.

—An e-filed process or document must not contain a virus or malware. E-filed processes or documents suspected to contain a virus or malware will be automatically rejected by the e-filing portal of the Court. The e-filing of a document constitutes a certification by the e-filer that the document has been checked for viruses and malware.

12. Good and proper e- filing.

—Where a process or document has been sent and acknowledged by the EFM, the e-filing is deemed good and proper and to have been delivered to the Registrar.

13. Timeliness of e-filing of process or document.

—An e-filed process or document may be deemed timely filed if it is e-filed at any time before midnight on the date on which the document is automatically stamped received and expected to comply with an order or the relevant rules of the Court.

Provided that a transmission report by the e-filer to the EFM shall be prima facie evidence of the date and time of transmission. Untimely

—(1) Where an e-filed process or document is considered untimely e-filing due arising from a technical failure or a system outage on the part of the e-filing to technical portal of the Court, any process or document e-filed during the period of failure or outage or failure may be deemed filed and the e-filer may seek appropriate system relief from the Court. outage. Party or

(2)Where the system outage or technical failure prevents the e-filer counsel to from complying with an order, ruling, directive or any rule of the Court, the e-seek relief filer may by oral application during the Court proceedings seek for appropriate for non-relief from the Court. compliance arising from technical or system failure. Matter not

(3)Any technical failure or system outage that impedes a party from to be complying with e-filing procedures or an order, ruling or relevant rules of the disposed of Court cannot be a basis for disposing of any case. for failure of e-filing arising from technical or system failure. Time limit

—(1) Except as otherwise provided on the e-filing platform, the Registrar for of the Court must not later than the first business day after receiving a acceptance document transmitted to him by the EFM, indicate to the e-filer whether the or rejection e-filer’s process or document will be accepted for filing. of e-filing.

(2)Where the process or document complies with the order or relevant Acceptance of document rule(s) of the Court or it is not misdirected, the Registrar must accept the where document for filing. process is in conformity with rules, etc. of the Court. Failure to

(3)If the Registrar fails to accept or reject a document within the time accept or allowed, the document is deemed to have been properly filed and accepted. reject document within time allowed. Date and

—(1) Where a process or document is accepted for filing, the Registrar Time of will note the date and time of filing which, with the exception of sub-rule 2 of transmission this rule, must be the date and time that the e-filer transmitted the document to of document. the EFM. Transmission

(2)Where the date and time a process is filed has been appropriately of noted in accordance with the provisions of sub-rule (1) of this rule, the Registrar confirmation will send to the EFM an electronic confirmation which will include an of filing of electronically “file-marked” copy of the front page of the document showing process or document. the date and time the Registrar considers the process or document to have been filed.

(3)The EFM may, on that same day, electronically transmit to the e-filer Transmission of electronic the “electronic confirmation” that the document has been accepted or rejected confirmation for filing by the Registrar. of acceptance or rejection.

(4)Where a process or document is not accepted for filing, the Registrar Communica-may by electronic transmission inform the EFM of its action, with the reason tion of rejection of for such rejection, on the same day decision on rejection of e-filing is taken. e-filing to Registrar.

(5)The Registrar must, on that same day of rejecting the e-filed process Communica-tion of or document, electronically transmit to the e-filer by a short service message rejection of (SMS) to the phone of the e-filer an “alert” informing that the process or e-filing to E-document was not accepted with the reason(s) for the rejection. filer by Registrar.

(6)Where a process or document has been duly filed and accepted, the Payment of filing fees. Registrar shall transmit to the e-filer the filing fees for payment in accordance with the e-payment instruction on the e-filing portal.

—(1) When a process or document has been accepted by the Transmission of e-filed Registrar as duly e-filed, the Registrar may transmit same to the box of the document to President of the Court for assignment of the matter in accordance with Order President of 2 rule 7 of these Rules or as the case may be. the Court for assignment.

(2)Except as otherwise directed by the President of the Court, any E-filed process or process or document filed electronically may not be transmitted to any Judge document of the Court until it has been properly assigned by the President of the Court. not to be transmitted to a Judge of the Court until assigned by President of the Court.

18. Transmission of e-filed process to Judge of the Court for assignment.

—Where the President of the Court has delegated the assignment of matters in accordance with Order 2 rule 8 of these Rules to a Judge of the Court or to the Administrative Judge of a Judicial Zone, any matter e-filed in accordance with the provisions of Order 2 rules 1 and 4 for that Zone may be transmitted to the Judge so delegated or designated as the Administrative Judge for assignment, except as otherwise directed by the President of the Court.

19. Notification of date and time of proceedings in assigned matter to E- filer. E-filing in compliance with order of the Court.

—Where a matter has been duly e-filed, and assigned by the President of the Court or the Judge of the Court, the Registrar shall transmit to the e-filer the date and time of commencement of proceeding on the matter.

—Where a matter is already before the Court and by an order of the Judge presiding over the matter a document or application is supposed to be produced by any of the parties in the matter, any document e-filed in compliance with the order of the Judge on such matter shall be electronically transmitted to the Judge of the Court who gave the order.

21. Official Record.

—The Registrar may scan a paper document and designate the scanned version as the official court record. A Registrar may designate an e-filed document as the official court record.

22. Access of the President or Judge of the Court to e-filed process or documents.

—The Registrar must provide to the President of the Court or a Judge of the Court electronic access to e-filed documents within twenty-four (24) hours of the Registrar’s acceptance of the document, and the President of the Court or a Judge of the Court or a designated staff of the President or the Judge’s Chamber’s may access such documents electronically or print such documents as necessary.

23. Order 6 and Order 6A to co-exist.

—The provisions of Order 6 and Order 6A may co-exist until such a time as the President of the Court may issue a Practice Direction for the discontinuance of Order 6 of these Rules. ORDER 7—SERVICE OF PROCESSES FORM 16, 17, 18, 19.

1. Manner of service of processes.

—(1) Any process or document required or authorized by these Rules or ordered by the Court to be served on any person who is a party in a matter may be served as follows :

(a)by handing a copy of the process or document to the person or to the person’s counsel ; or

(b)by leaving a copy of the process or document at the person’s or the person’s counsel’s residence or place of business ;

(c)by leaving a copy of the document or process at the person’s place of employment ;

(d)by sending a copy of the document or process by registered post or courier to the last known address of the party or the party’s counsel ; or

(e)by sending a copy of the document or process to the person concerned or to the person’s counsel through the e-mail address(es) or any electronic mailing device provided by the parties concerned ;

(f)by sending a notification by way of hearing notice through a telephone short message services (SMS) of a process filed before the Court in which the person has been named as a party ; or

(g)by leaving at that person’s address for service or, where no address for service has been given, at the registered office, principal place of business or last known address ; or

(h)(i) if the person is a company or other body corporate, by serving a copy of the document or process on a senior or a responsible employee of the company or body corporate at its registered office or at its principal place of business within the Federation, or its main place of business within the Judicial Division in which the dispute first arose or, if there is no employee willing to accept service, by affixing a copy of the document or process to the main door of the office or place of business or by posting same on the wall or the fence of the residence or place of business.

(ii)if the person is a trade union or employers’ organization, by serving a copy of the document on a responsible person, or officer or employee of the union or employers’ organization who at the time of such service is apparently in charge of the main office of the trade union or association or employers’ organization or the union’s or employers’ organization’s office within the Judicial Division in which the dispute first arose, at that office of the union or employers’ organization or, if there is no person willing to accept service, by affixing a copy of the document or process to the main door of that office.

(iii)if the person or party is a partnership, firm or association, by serving a copy of the document or process on a person who at the time of service is apparently in charge of the premises, at the place of business of such partnership, firm or association or, if such partnership, firm or association has no place of business, by serving a copy of the document or process on a partner, the owner of the firm or the Chairman or Chief Executive Officer or Secretary of the managing partner or other controlling body of such association, as the case may be; and such service shall be deemed good service upon the firm. 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 process shall be served upon every person sought to be made liable within the jurisdiction.

Provided further that where a process or any process is to be served on a partnership, no leave to issue such a process against any of the partners in the firm shall be necessary.

(iv)if the person or party is a Local Government Authority, by serving a copy of the document or process on the Local Government Chairman, Secretary or Supervising Councilor or Director of personnel of the Local Government Council or the Treasurer or any other responsible person, officer, or employee of the Local Government acting on behalf of that person ;

(v)if the person or party is a statutory body or an institution, by serving a copy on the Director General, General Manager, the Executive, full-time member of the institution or Commission, Secretary or similar Officer or member of the Board or committee of that body, or any responsible person, officer, or employee of the statutory institution acting on behalf of that body ;

(vi)if the person or party is a Ministry, Department, Agency, parastatal or any other institution of the Federal or State Government or the Federal Capital Territory, Abuja, by serving a copy of the document or process on a responsible person, officer or employee such as Attorney General or Permanent Secretary or Director, or their equivalent in any Ministry, Department, Agency or Branch of the Federal or State Government or the Federal Capital Territory, Abuja.

(i)by leaving copies of the process at the head office or any branch office of the claimant or defendant or the counsel of the Claimant/Applicant or Defendant in any part of Nigeria ; or

(j)by any other means permitted by the Rules of this Court or as may be directed by the Court.

(2)Any hearing notice or notice of adjourned date issued by the Court for service on any party may be served :

(a)by telephone call to the numbers provided by the parties or their counsel ; or

(b)by any other means permitted by the Rules of the Court or as may be directed by the Court.

(3)The Court may direct that service of any document or process be effected in any manner prescribed by the Rules of this Court or by any Rules of a High Court in Nigeria or in any other manner the Court deems fit.

(a)The President of the Court may designate an Officer of the Court as the Official Process Server.

(b)The Official Process Server shall effect the service of any process or document filed in the Court on any of the parties before the Court or their witnesses.

(c)The Official Process Server shall effect the service of any process, document, ruling, judgment, order, subpoena or invitation relating to any matter before the Court.

(4)Any process filed in the Court other than originating processes may also be served or effected on the parties through any of the following devices—

(a)Fax machine, where available ;

(b)As attachment to an electronic message via the e-mail address provided by the party or/and the party’s counsel ;

(c)Short Message Service (SMS) to telephone number(s)provided by the party and/or the party’s counsel ;

Provided that the use of Short Message Service (SMS) shall be limited to communicating dates of hearing or any change in respect thereof and not to be extended to service of other court processes, proof of which must be filed in the Court’s record.

(d)Any other electronic communication and messaging platform ;

(5)Once a process is served by any of the above devices, its electronically downloaded and printed copy as a proof of service may be allowed to be tendered by a party who either transmitted the process or document or by the party or counsel that received same.

(6)An electronically transmitted process or document may be tendered as the original of the same process or document and the content therein may be received in evidence in proving the facts therein contained.

(7)Proof of service of any Court process other than an originating process, served on any of the parties using the devices mentioned in sub-rule 4 of this rule shall be deemed good and proper service on any of the parties or counsel in the matter.

(8)Where a hearing notice or any other Court process has been sent and delivered by means of any electronic device stated in sub-rule 4 of this Rule to the contact addresses or information provided by a party or counsel, it shall be deemed sufficient, good, and proper service on the party or counsel that provided the e–mail address(es) or electronic mailing device. Party may

(9)Where prompt service of notice or documents authorized to be served by ex parte by these Rules cannot be effected in any manner provided in this Rule, a party motion move may by motion ex-parte move the Court for an order of substituted service to Court for an be effected by way of posting, publication in the media or any other means order of substituted possible as the Court may deem effective and just. service by other means.

(10)Every application for substituted service when necessary shall be Ex parte motion to be made by motion ex-parte supported by an affidavit. supported by affidavit. Form 17.

(11)Every application for substituted service shall be accompanied by a Ex parte application Written Address in support of the order the applicant is seeking from the to be Court. accompanied by Written Address.

(12)Where the Officer of the Court or a person charged with the service Informing uncooperative of any complaint or document on any person ( in this rule referred to as recipient of recipient) is prevented by the violence or threats of the recipient or made to nature of be impossible by the person on whom any complaint or document is to be document as served in concert with the recipient or under the recipient’s control, it shall be sufficient service. sufficient to inform the person to be served of the nature of the complaint or document as physically near that person as practicable. Service on

(13)Where a person to be served, whether alone or in concert with uncooperative others, resists service or insults or assaults or attempts to threaten or threatens person by violence to the Process Server or otherwise prevents the Process Server throwing from serving the process, the Process Server may throw or leave the process process within the reach of the person to be served. within reach.

(14)In all cases where service of any complaint or document has been When affidavit of effected by an Officer of the Court or an Official or External Process Server, service is an affidavit of service sworn to by the Officer of the Court or an Official or prima facie External Process Server appointed by the Court shall, on production, without evidence. proof of signature of the person so served be prima facie evidence of service. Service

(15)When service is effected under any of the rules of this Order and under Rules there is proof of delivery, it shall be deemed good and sufficient service for all of Court and purposes. proof of delivery.

(16)Any process served by an officer of the Court or an Official or When service of External Process Server shall be deemed to be good service unless the contrary process is is proved to the satisfaction of the Court. deemed good.

(17)Service of any process required by these Rules, shall not be effected on a Saturday or Sunday or on any public holiday, unless the Court otherwise directs by an Order endorsed on the document to be served.

(18)Where these Rules do not sufficiently provide for service of any process or do not make provisions for service at all, an application ex-parte may be made to the Court for leave to adopt any applicable Rules of a High Court in Nigeria. The application shall clearly state on the face of it the Order and Rules of the High Court sought to be adopted for the Court to apply and a copy thereof shall be attached to the application.

(19)(a) Where a counsel or the servant, agent, staff or partner of the counsel (in this Order referred to as the representative of counsel) undertakes to effect service of process on the other party, or counsel to the other party, counsel or the representative of the counsel shall file a proof of service of the process within three (3) days of effecting the service.

(b)Where a counsel or the representative of the Counsel, undertakes to effect service on the other party, such counsel or the representative of the counsel who effects the service shall depose to an affidavit indicating the name, position of the person that acknowledged receipt, the date, time, placeand mode of transmission of the process to the other party.

(20)Where counsel or the representative of the counsel, in a matter has undertaken to effect service on the other party or counsel to the other party, the Registrar shall, notwithstanding the undertaking, also effect service of the process on the other party in accordance with the rules of the Court.

(21)Where any process is to be served on counsel in a matter, the service of such process on the Chambers, Secretary or any other counsel, clerk or officer in the counsel’s Chambers shall be deemed good and proper service on counsel.

(22)Notwithstanding the provisions of sub-rule 21 of this rule, where a counsel in a matter agrees to accept service of process during proceeding in the Court, such service shall be deemed good and proper service.

2. Service of any process by Sheriff etc. Service on Counsel

—(1) Service of any process shall be made by a Sheriff, Deputy Sheriff, Bailiff or other officer of the Court or an Official or External Process Server.

(2)Where a party is represented by a counsel, service of court processes may be made on such counsel or on a person under the control of counsel.

—(1) The President of the Court may appoint any competent person, Appointment of External company or firm as an External Process Server. Process

(a)An External Process Server shall perform all the duties of the Officer Server. of the Court designated as an Official Process Server subject to the provisions of any Act or Law regulating service of court processes. External

(2)An External Process Server may be directed by the Court or any Process authorized officer of the Court to effect service of any process or document Server to on any person, Company, Ministry, Department, Agency, Body Corporate, effect service Institution, Commission, Trade Union, Employees’or Employers’Organization of process or or any other party, named to be served on the face of the process or document. document. External

(3)An External Process Server shall effect service of any Court Process process(es) or document(s) on any of the parties, witnesses, or any interested Server to party in accordance with the Rules of the Court. effect service according to the Rules of Court. External

(4)An External Process Server shall keep a book in which the particulars Process and records of process(es) or document(s) handed to the External Process Server’s Server for service shall be entered. Book of Record of Processes and documents.

(5)The Registrar in charge of litigation or any other officer authorized to Registrar of Court to keep records of service of process(es) or document(s) shall keep and enter keep records the records of every process or document handed over to the External Process of processes Server to be served on every person, party, or any of the parties in the action given to required or named to be served, and any Ministry, Department, Agency, Body External Process Corporate, Company, Institution, Commission, Trade Union, Employees’ Server. Association or Employers’ Organization, as provided in sub-rule 2 of this Rule.

(6)An External Process Server shall have all the powers of an Officer Powers of the External of the Court designated as Official Process Server authorized by the Rules of Process this Court or any Act or law to effect service of any Court process or document. Server. External

(7)(a) An External Process Server shall effect the service of any process Process or document handed over to the External Process Server for service in the Server to same manner in which an Officer of the Court may effect service under the serve as Rules of the Court. Officer of Court.

(b)An External Process Server shall enjoy similar protection as is Protection of External available to an officer of the Court authorized to serve or effect service of Process process(es) or document(s) on any party or person on the face of the Server. process(es) or document.

(8)Upon service of a process by an External Process Server, the External Process Server shall depose to an affidavit of service at the Registry of the Court stating the name(s) of the parties served, the contact information (addresses) at which the process(es) were served, the time of service, mode of service, as well as acknowledgment of service signed by the parties served or any other person that received the process on behalf of a party in accordance with the provisions of rule 6 of this Order.

(9)Where a party to be served refuses, neglects or evades or is unwilling to accept service, the External Process Server shall after self-introduction to the party to be served, and after informing such party of the nature, content and purpose of the process throw the process at the party to be served or on anybody, howsoever, who is to receive it on behalf of the party and this shall be deemed good and proper service.

(10)An affidavit deposed to by an External Process Server as prescribed in sub-rule 8 of this Rule shall be prima facie proof of service and shall be sufficient for that purpose until the contrary is proved to the satisfaction of the Court by the party on whom the process is said to have been served.

(11)Where service of documents has been effected by—

(a)registered post,

(b)the registrar,

(c)hand-delivery or courier delivery, the advice slip or some other acceptable proof of delivery provided by the postal agency ; the Registrar’s out-going mail register or extract therefrom certified by the Registrar and a certificate of service or affidavit by the person effecting service, or delivery slip, or a copy of the document served duly signed by the recipient shall, respectively constitute sufficient proof of service.

(12)Where any document has been duly served on a responsible person, the name of that person shall be stated on the proof of service.

(13)The affidavit of service deposed to by the External Process Server shall be kept in the case file while a copy of same shall be kept with the External Process Server as evidence of service of a process or document.

(14)An External Process Server shall be paid such fees for the services rendered in accordance with the terms of agreement entered into by the Court and the External Process Server.

(15)A person to be appointed as External Process Server shall :

(a)either have served in a Court Registry or be familiar with the operations of a Court registry in the handling of court processes for a period of not less than fifteen (15) years’ ;

(b)no longer be in the public service ; and

(c)possesses sufficient education to aid understanding of the importance of service of court processes and the implications and consequences of the failure or improper handling have of processes or service on a party in accordance with the rules of the Court.

Provided that—

(i)where the External Process Server is a company or corporate body it shall exhibit to the satisfaction of the President of the Court that it has in its employment staff that have reasonable and sufficient education and experience to understand the implications and consequences of service or non-service of court processes or documents on a party in a matter before the Court.

(ii)the company or corporate body has had cognate and proven experience in courier services for a period of not less than fifteen (15) years.

4. Service on person under Legal Disability.

—(1) Where a defendant or respondent is a person under legal disability, service on the defendant or respondent’s guardian shall be deemed good and sufficient service, unless the Court otherwise orders.

Provided that service on a minor who is over 16 years of age living independently or doing business shall be good and sufficient.

(2)The Court may order that service on a person under legal disability shall be deemed good and sufficient.

5. Service on Prisoner Detainee.

—Where a defendant or respondent is a detainee or prisoner, service on the head or other person in charge of the place of detention or incarceration shall be deemed good and sufficient service on the defendant or respondent.

6. Service on public or private institution, corporation, etc.

—Subject to any statutory provision regulating service on a Ministry, Agency or Department of Government, a Public or Private Institution, registered Company, Corporation, statutory Agency or public body or body corporate, Enterprise, Partnership, Board or any other Institution or Association required to be registered by law; every process requiring service may be served on the Ministry,Agency or Department of Government, Extra-Ministerial Body, Public or Private Institution, Company, Corporation, Statutory Agency or Public Body or Organization or Partnership or Board of any other Institution or Association required to be registered by law by delivery to the Minister, Permanent Secretary, Director General, or officially designated head of the Ministry, Agency, Department of a government, Public or Private Institution, Chairman of the Board, Managing Director/ Chief Executive Officer, Company Secretary, Legal Adviser, Personal Assistant/Secretary to the Managing Director/Chief Executive Officer, or an Executive Director, or other senior principal staff of the organization, or to any responsible person or officer of any branch or zonal Office of the organization, Chief Security Officer of the company, Statutory Agency or Public Body or organization, or enterprise or any other responsible person who occupies or serves as the representative of the organization or enterprise or Board of any other institution required to be registered by law by leaving same at the registered, principal or advertised office or place of business of the organization or institution in Nigeria.

7. Service on Foreign Company doing business in Nigeria.

—When and where a suit is against a foreign corporation or company within the meaning of section 54 of the Companies and Allied Matters Act having an office and carrying on business within Nigeria and such suit is limited to a cause of action which arose within Nigeria, the originating process or other documents requiring service may be served on the principal officer or representative of such foreign corporation or company within Nigeria.

Provided that where a foreign company has complied with the provision of Chapter 3 of the Companies and Allied Matters Act, service shall be effected on one of the persons authorized to accept service on behalf of the said company.

8. Service on Public functionaries sued ex officio.

—Where a Minister or Commissioner or the Attorney- General or the Director of Public Prosecutions, or any other public officer of the Federal or State Government is a party ex-officio as representing the Federal or State Government, as the case may be, in any proceedings in the Court, any notice or other document may be served on the public officer by leaving it at or sending it by registered post or courier service to the chambers or office of such public officer and service in this manner shall be as effective as if it were personal service.

9. Service on local Agent of Principal who is out of Jurisdiction.

—Where a contract has been entered into in Nigeria by or through an agent residing or carrying on business in any part of Nigeria on behalf of a principal residing or carrying on business out of jurisdiction, an originating process or any other document in an action relating to or arising out of such contract may, before the determination of such agent’s authority or of business relations with the principal be served on such agent. A copy of the originating process shall be sent promptly by the claimant by courier to the defendant at the defendant’s address out of Nigeria. ` 10. Where any person outside Nigeria is a necessary or proper party in a matter before the Court and it is necessary to serve that person with the originating process or any other document relating to the matter, the Court may allow service of the process or such other document out of Nigeria.

11. Service of person aboard a ship.

—Where the person on whom service is to be effected is living or serving on board any ship, it shall be sufficient to deliver the process to the person on board who is at the time of such service apparently in charge of such ship.

12. Party to pay for Service.

—(1) The party requiring service of any process shall pay all costs and expenses of and incidental to such service in advance.

(2)The amount payable for service shall be as directed by the President of the Court in Practice Directions from time to time.

(3)Without prejudice to the provision of sub-rule 2 of this Rule, the party requiring service of any process shall deposit a specified amount of money with the Registry for service of the party’s process or processes.

(4)A temporary receipt evidencing payment of the deposit made for service shall be issued at the Registry to the party or counsel or any other person who made the deposit.

(5)The amount payable for service shall be the prevailing charges of courier or official service providers; and in the case of transportation, it shall be the current commercial fares or as may be determined by Financial Regulations.

(6)On completion of service of process(es) an account shall be rendered of the expenses incurred by the Registry on the service.

Provided that where,

(a)the amount expended on service is less than the amount deposited, the excess shall be refunded to the party or the party’s counsel ;

(b)the amount expended on service is more than the amount deposited, the party or the party’s counsel shall pay the deficit incurred in that behalf.

(7)Failure to pay for service of process or the deficit incurred on service of the process on behalf of the party as stated in sub-rule (6)(b) of this Rule shall render the process incompetent.

13. Time of day within which to effect Service. Records of Service of processes.

—Service of originating and other processes, orders and documents whatsoever shall be effected between the hours of 6 (six) o’ clock in the morning and 6 (six) o’ clock in the evening.

—(1) A register shall be kept at the Registry in such form as the President of the Court may direct for recording service of processes by any Process Server. The Registrar shall record therein the names of the claimant(s) or applicant(s) and defendant(s) or respondent(s), the method of service, whether personal or otherwise and the method used to ascertain that the right person was served.

(2)Where any process was not served the reason(s) for such failure shall be recorded in the register.

(3)Every entry in such register or certified copy thereof shall be prima facie evidence of the matters stated therein.

—(1) The National Industrial Court has one jurisdiction throughout the Federal Republic of Nigeria; and is only divided by the President of the Court into Judicial Divisions or Registries for adjudicatory and administrative convenience.

(2). All originating processes or other Court processes filed by any party before the Court shall be served on any other party in any part of the Federation without leave of Court.

—All originating processes or other processes filed by any party before the Court which are to be served on any other party outside the Federal Republic of Nigeria shall be with leave of the Court.

17. Other means of Service.

—All documents not required in terms of these Rules to be served by an Officer of the Court or External Process Server may otherwise be served on a person by—

(a)the party who issued the document, or

(b)the party’s counsel or counsel’s representative ; in any of the following ways—

(i)by registered post ; or

(ii)by delivery through a commercial courier service ; or

(iii)by personal delivery to that party or to any person serving under the party at that person’s place of work or residential address ; or

(iv)by uploading to the electronic mailing address provided by the party ;

18. Time to serve process or document.

—Service of any document in terms of these rules shall not be valid if served between 10 p.m. and 6 a.m.

Provided that the service of documents by post, electronic mailing address or courier service shall be valid whenever served.

19. Electronic service or e- filed document.

—Every process or document that is e-filed may also be electronically served at the same time by the Registrar through the Electronic Filing Manager to the designated e-mail address(es) of the party or parties mentioned in the matter to be served, or to the e-mail address of the counsel to the parties in the matter.

—(1) Where a document or process has been duly e-filed, it is deemed When e-filed document is appropriate for electronic service. good for service. Certification

(2)Where a party or counsel electronically serves a document through of e-service the EFM, the party counsel must make a written certification of such service of document. which will accompany the document setting out the date and time of service and the designated email address of the party served. Proof of e-

(3)Where the EFM has electronically served a document or process, service. the EFM will send proof of service to the e-filer.

(4)When e-service is carried out after 5:00 p.m. (recipient’s time) the Computation of time of e-date of service is deemed to be the next day that is not a Saturday, Sunday or service. legal holiday.

Provided that nothing in this rule shall preclude any party from offering proof that the notice or instrument was not received, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just.

—An e-filer must include the designated e-mail address(es) of the e- Inclusion of designated e-filer on any electronically filed document. mail addresses(es). Service of a

—If an e-filer must serve a copy of a document on a party or counsel party with to the party who does not have a designated email address, such service must no be in accordance with relevant rules in this Order. designated email address(es). ORDER 8—SERVICE OUT OF NIGERIA AND SERVICE OF FOREIGN PROCESS FORMS 3, 4, 5, 6, 7, 8, 9, 10 or 16, 17, 18, 19, 20, 21

—Service out of jurisdiction of a Court process may be allowed by the Where Service of Court whenever : process out

(1)any act, deed, contract of employment, obligation, or liability situate of jurisdiction within the jurisdiction, is sought to be construed, rectified, set aside, or enforced is allowed. in the action ; or for act, deed, contract of employment, etc.

(2)any relief is sought against any person domiciled, or ordinarily resident Relief is sought within the jurisdiction ; or against resident within jurisdiction.

(3)the action is one brought against the defendant or to enforce, rescind, dissolve, annul or otherwise affect a contract of employment or to recover damages or other relief for or in respect of a breach of a contract of employment or contract of services :

(a)made within the jurisdiction ; or

(b)made by or through an agent trading or residing within the jurisdiction on behalf of a principal, trading or residing out of jurisdiction ; or

(c)which by its terms or by implication is to be governed by the law in force in the jurisdiction, or is brought against the defendant in respect of a breach committed within the jurisdiction of a contract wherever made, even though such breach was preceded or accompanied by a breach of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction ; or

(4)any injunction is sought as to anything to be done within the jurisdiction, whether damages are or are not also sought in respect thereof ; or

(5)any person out of jurisdiction is a necessary or proper party to an action properly brought against some other party within the jurisdiction ; or

(6)Any proceeding under any law or Rule of the Court may be instituted by any Originating Process.

2. Agreement as to prescribed mode, place etc. of service.

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

3. Application to be supported by affidavit.

—Every application for leave to serve a complaint or for service of a Court process out of jurisdiction shall be supported by an affidavit or other evidence stating that in the belief of the deponent, the Claimant has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a Commonwealth citizen or not, and the grounds upon which the application is made, and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of jurisdiction under these Rules.

4. Order to fix time limit for appearance.

—Any order granting leave to effect such service or give such notice shall limit a time after such service or notice within which such defendant is to enter an appearance, such time to depend on the place or country where or within which the process is to be served or the notice given, and on whether the means of transmitting or conveying such document such as air mail or any other means is available to such defendant.

5. Service of Notice of Complaint out of jurisdiction. Service of Complant in appropriate manner.

—(1) Where the defendant is a foreigner and is not residing within Nigeria, the notice of the complaint and not the complaint itself, shall be served upon the defendant.

(2)Where leave is granted under the foregoing provision to serve notice of the complaint out of jurisdiction, such notice shall be served in the manner in which complaints are to be served.

6. Processes to be served out of jurisdiction.

—(1) Service out of jurisdiction of the following processes or notices thereof may be allowed by the Court, that is to say :

(a)an originating summons, where the proceedings began by an originating summons might have been begun by a complaint within the Rules ;

(b)any originating summons, petitions, notice of motion or other originating proceedings :

(i)in relation to any infant or lunatic or person of unsound mind ; or

(ii)under any law or enactment under which proceedings can be commenced otherwise than by by complaint ; or

(iii)under any Rule of Court, by which proceedings can be commenced otherwise than by complaint ;

(c)without prejudice to the generality of the last foregoing paragraph, any summons, order or notice in any interpleader proceedings or for the appointment of an arbitrator or umpire or to remit, set aside, or enforce an award in an arbitration held or to be held within the jurisdiction ;

(d)any summons, order or notice in any proceedings duly instituted whether by complaint or any other such originating process as aforesaid,

(2)Where the person on whom an originating summons, petition, notice of motion, or other originating process or a summons, order, notice is to be served is a foreigner or resides in a foreign country with which a Convention in that behalf has been made, a copy of the document concerned shall be served, together with an indication in writing that a process in the form of the copy has been issued or otherwise launched.

(3)The provisions of rules 3, 4, 5, 6 (2) of this Order shall apply mutatis mutandi to service under this rule.

—Where leave is given to serve a complaint or notice of a complaint in any foreign country other than a country with which a Convention in that behalf has been made, the following procedure may be adopted—

(a)the document to be served shall be sealed with the seal of the Court for use out of jurisdiction, and shall be transmitted to the Permanent Secretary in the Ministry of Justice by the Chief Registrar on the direction of the President of the Court, together with a copy thereof translated into the language of the country in which service is to be effected and with a request for transmission to the Minister responsible for Foreign Affairs for further transmission of same to the Government of the country in which leave to serve the document has been given. Such request shall be in Form 7 in the Appendix with such variations as circumstances may require ;

(b)the party bespeaking a copy of a document for service under this section shall, at the time of bespeaking the same, file praecipe in Form 8.

(c)an official certificate, or declaration upon oath or otherwiseTransmitted through diplomatic channels by the Government or Court of a foreign country to which this provision applies, to the Court, shall, provided that it certifies or declares the document to have been personally served, or to have been duly served upon the defendant in accordance with the law of such foreign country; or words to that effect, be deemed to be sufficient proof of such service, and shall be filed on record as, and be equivalent to, an affidavit of service within the requirements of these Rules in that behalf ;

(d)where an official certificate, declaration, affidavit or other notification transmitted to the Court in the manner provided in the last preceding paragraph certifies or declares that the efforts to serve a document have been without effect, the Court or Judge may, upon the ex parte application of the Claimant, order substituted service of such document, and the document and copy of the same, as well as the order shall be sealed and transmitted to the Permanent Secretary in the Ministry of Justice in the manner aforesaid together with a request in Form 9 of the Appendix, with such variations as circumstances may require.

8. Leave to serve on foreign country with Convention.

—Where leave is given in a matter or cause or where such leave is not required, and it is desired to serve any complaint, originating summons, notice, or other document in any foreign country with which a Convention in that behalf has been or shall be made, the following procedure shall, subject, to any special provisions contained in the Convention, be adopted —

(a)The party bespeaking such service shall file in the registry a request in Form 8 in the Appendix to these Rules which may be varied as may be necessary to meet the circumstances of the particular case in which it is used ; Such request shall state the medium through which it is desired that the service shall be effected either :

(i)directly through diplomatic channels ; or

(ii)through the foreign judicial authority, and shall be accompanied with the original document and translation thereof 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 required to be made on a Nigerian subject directly through the diplomatic channels in which case the translation and copies thereof need not accompany the request unless the Convention expressly requires that they should do so) ;

(b)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 Registrar to the Permanent Secretary in the Ministry of ForeignAffairs for transmission to the foreign country ;

(c)an official certificate, declaration, affidavit or other notification transmitted through diplomatic channels by the foreign judicial authority, or by a Nigerian Diplomatic Agent to the Court, establishing the fact and the date of the service of the document, and shall be deemed to be sufficient proof of such service, and shall be filed in the records as, and be equivalent to, an affidavit of service within the requirements of these rules in that behalf.

9. Limitation of Rule 8.

—Rule 8 shall not apply to render invalid or insufficient any mode of service in any foreign country with which a Convention has been or shall be made which is otherwise valid or sufficient according to the procedure of the Court and which is not expressly excluded by the Convention made with such foreign country.

10. Court may direct mode of transmission of service

—The Court or Judge, in giving leave to serve a document out of jurisdiction under these Rules, may in appropriate cases direct the mode of transmission, such as air courier, electronic transfer scanning and sending to appropriate e-mail addresses or internet sites, postage or faxing to be used by the party effecting service.

11. Mode of effecting Letter of Request from foreign country.

—Where in any employment, labour or industrial relations matter or proceedings pending before a Court or a tribunal of a foreign country, a Letter of Request from such Court or tribunal for service on any person or citation in such matter is transmitted to the Court by the Attorney General of the Federation with intimation that it is desirable that effect be given to the same, the following procedure shall be adopted.

(a)the Letter of Request for service shall be accompanied by a translation in the English Language, and by two copies of the process or citation to be served, and two copies thereof in English Language ;

(b)service of the process or citation shall be effected by an Official Process Server unless the Judge otherwise directs ;

(c)such service shall be effected by delivering to and leaving with the person to be served one copy of the process or citation to be served, and one copy of the translation thereof in accordance with the rules and practice of the Court regulating service ;

(d)after service had been effected by the Official Process Server, the Official Process Server shall file an affidavit of service in which the particulars of charges for the cost of effecting the service shall be stated. The affidavit shall be transmitted to the Chief Registrar with one copy of the process annexed ;

(e)the Chief Registrar shall examine and verify the Official Process Server’s particulars of charges and may approve it or approve some lesser figure, whereupon the Chief Registrar shall forward to the Attorney General of the Federation or State a letter of request for service, the approved amount for service, evidence of service and a certificate appended thereto.

12. Procedure for service of document from foreign country.

—Where in any civil cause or matter pending before a Court or tribunal in any foreign country with which a Convention in that behalf has been made, a request for service of any document on a person within the jurisdiction is received by the President of the Court from the Consular or other authority of such country, the following procedure shall, subject to any special provision contained in the Convention, be adopted :

(a)the service shall be effected by the delivery of the original or a copy of the document, as indicated in the request, and the copy of the translation, to the party or person to be served in person by an officer of the Court, unless the Court otherwise directs ;

(b)no court fees shall be charged in respect of the service. The particulars of charges of the officer employed to effect service shall be submitted to the Chief Registrar of the Court who shall certify the amount properly payable in respect thereof ;

(c)the President of the Court shall transmit to the Consular or other authority making the request a certificate establishing the fact and the date of the service in person, or indicating the reason for which it has not been possible to effect service, and shall at the same time notify to the said Consular or other authority the amount of the charges certified under paragraph (b) of this Rule. Order for

—Upon the application of the Attorney-General, the Court may make substituted such order for substituted service or otherwise as may be necessary to give service. effect to the provision of rules 1 to 13 of this Order. Order for

—Any order giving leave to effect service out of jurisdiction shall prescribe prescribe the mode of service, and shall limit a time after such service within mode of which the defendant is to enter an appearance, such time to depend on the service. place or country where or within which the complaint or originating summons, or declaration is to be served, and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence thereof. ORDER 9—APPEARANCE FORM 11,12, 13, 14, 15, 58

—(1) Every person served with an originating process shall, within the Need to file Memorandum time stipulated therein and if no time is stipulated shall within fourteen (14) of days of the service of the originating process, file a Memorandum of Appearance. Appearance in the Registry of the Court. Memorandum

(2)The Memorandum of Appearance shall be signed by the party served to be signed or by the Counsel representing the party which shall contain full and sufficient by counsel. address for service, the electronic mailing address(es) and telephone number(s). Form 15. Memorandum

(a)Where two or more defendants in the same action appear by the to include same Counsel, the Memorandum of Appearance shall include the names of names of all the Defendants so appearing. defendants represented by same counsel. Appearance

(b)A person under legal disability shall enter appearance by a guardian. for legally disabled.

(3)Where the defendant or respondent files along with a Memorandum Penalty for late filing of of Appearance, a defence out of time such defendant or respondent shall only Memo of pay one penalty in respect of the two processes. Appearance and Defense. Penalty for

(4)Where the defendant fails to file a defence or Memorandum of further Appearance or any other process after being in default, such defendant or default. respondent shall pay further penalty as stipulated in Order 57 rule 5 of these Rules. Time limit

(5)Any party that enters appearance or files any Court process in line for with these Rules shall forward an advance copy of the process to the other forwarding party within seven (7) days of filing of the process. of advance copy of Memorandum of Appearance. Time limit

(6)Any party that has been served with an advance copy of an originating for filing and process or any Court process shall file and forward an advance copy of his or service of her or its reply to the other party within seven (7) days of filing of the process. advance copy of reply to advance copy of Memorandum of Appearance. Effect of

—Where any defendant or respondent fails or omits to file a failure to Memorandum of Appearance, the delivery of any document or subsequent enter processes in relation to the matter to the contact information shown on the appearance. originating process shall be deemed good and proper service.

—Any party or counsel to a proceeding may change the party’s contact Right of party to information as provided in Order 4 rule 4 of these Rules for service at any change time by filing and serving same on the Court and all the parties to the proceeding contact giving notice of such a change of contact information. information.

—At any time before the hearing of a matter, any party to the proceeding Declaration by party may file a declaration in writing that such party does not wish to appear in who does person or by Counsel on the hearing of the matter. A copy of such declaration not intend to shall be served on every other party who has filed a Memorandum of appear.. Appearance and thereupon the matter shall be dealt with as if the party had appeared.

—(1) Where a defendant or respondent fails to file a Memorandum of Effect of failure to file Appearance within the stipulated time, or fails to file appropriate processes in Appearance, defence of the action within the prescribed time, and also fails to file a Defence or declaration of intention not to defend the action, the Court may proceed to Declaration. hear the matter and give judgment.

(2)Where the defendant or respondent during the hearing, or within a When party shows reasonable time after conclusion of hearing and judgment applies to the Court readiness to giving satisfactory reasons for the failure to appear and defend the action, and defend demonstrates readiness to defend the action, the Court may in its discretion action. set aside any judgment given in default of appearance or defence, and allow the defendant or respondent to appear and defend the matter on its merit, on such terms as to costs or otherwise.

6. Time within which application to set aside judgment and rehear matter may be made.

—No application to set a judgment aside and rehear the matter under rule 5 of this Order shall be made or entertained after the expiration of 30 days from the date of the judgment sought to be set aside.

7. Appearance in representative action, etc.

—Where an action is filed in a representative capacity or the matter involves many Claimants or Applicants or Defendants/Respondents, any of the parties in the matter may appear on behalf of the Claimants/Defendants as the case may be.

Provided that nothing shall prevent any of the parties to the matter who wishes to appear from appearing during any of the sittings of the Court on the matter.

8. Appearance by party in action to give evidence.

—Where a matter or application is filed before the Court, a party to the matter may appear as a Claimant or Applicant or Defendant or Respondent, whenever the matter or application comes up before the Court.

Provided that when a matter is coming up for trial, and a party in the matter needs to testify and give evidence; the party shall appear in Court for the purpose of the day’s proceedings. ORDER 10—ENTITLEMENTS OF DECEASED EMPLOYEE (TESTATE)

1. Filing fees for process relating deceased employee. Action for and on behalf of testate employee.

—Filing of any process related to or connected with outstanding salary, gratuity, pension, benefits, or any other entitlement of a deceased employee in any of the Registries of the Court shall attract twenty-five (25%) percent only of the stipulated filing fees.

—Where a case involves the entitlements or benefits of a deceased employee who died testate, the Claimant shall in addition to any other document, attach the Will of the deceased person, the Probate Grant from the appropriate Probate Registry of a High Court and proof of appointment of executors of the Will.

3. Compliance with Rule 2.

—Any action filed before the Court concerning the entitlement of a deceased person who died testate which does not comply with Rule 2 of this Order shall not be entertained by the Court.

4. Presumption of authenticity of Will, etc.

—The Will, the Probate Grant and proof of appointment as executors shall be presumed to be true and authentic, unless the contrary is proved. Handling of

—Where there are conflicting Wills, Probate Grant and contradictory conflicting proof of appointment as executors, the authenticity or otherwise of the Wills, conflicting documents shall be resolved by the Probate Registry of the High Probate Court in which the documents were obtained and not by the National Industrial Grant. Court of Nigeria. ORDER 11—ENTITLEMENT OF DECEASED EMPLOYEE (INTESTATE)

—Where a case involves the outstanding salary, gratuity, pensions, benefit Proof of status as or any other entitlement of a deceased employee who died intestate but had kinship. named the next of kin or beneficiary in the deceased employment bio-data form, if such next of kin or beneficiary is the Claimant(s).

(a)shall provide proof of the next of kinship or relationship, either by—

(i)a Certified True Copy (CTC) of the employment bio-data form in Certified True Copy which the Claimant was named as next-of-kin or beneficiary on the of form obtained from the employer of the deceased employee ; or Employment

(ii)a copy of the employment bio-data form of the deceased which form. may be in custody of the Claimant(s) ; in which the Claimant(s) has deposed to an affidavit ;

(b)attach Letter(s) of Administration obtained from appropriate Probate Letter of Administration Registry of a High Court, or from Probate Registry. Order from

(c)an order from a Customary Court of Appeal or Sharia Court of Customary Appeal. or Sharia Court of Appeal etc.

—The Claimant may apply to the Court for an Order compelling the Application for order to employer of the deceased to produce before the Court a copy of the produce employment bio-data form of the deceased in which the Claimant was named Employment as next-of-kin or beneficiary. bio-data form. Claimant

—Where the employer fails, refuses or neglects to comply with the may use Order of the Court, the Claimant shall be at liberty to make use of any copy of document in the same employment bio-data form in the Claimant’s possession to prove the Claimant’s claim. possession. Where there

—Where a case involves the outstanding salary, gratuity, pensions, is no next of benefits or any other entitlement of a deceased employee who died intestate kin. and did not name a next of kin or beneficiary, the Claimant shall in addition to any other document,

(a)attach Letter(s) of Administration obtained from the appropriate Probate Registry of a High Court, or

(b)an order from a Customary Court of Appeal or a Sharia Court of Appeal.

5. Proof of custom and practice.

—Where the Claimant is unable to satisfy the provisions of rules 1, 2, 3 and 4 of this Order, the Claimant may attach ;

(a)any proof related to or connected with inheritance emanating from the custom or tradition of the deceased employee, or

(b)any proof related to or connected with inheritance emanating from the traditional ruler or custodians of custom and tradition of the deceased employee’s place of origin ;

Provided that the Court may also accept the evidence of traditional rulers or Chiefs or other persons having special knowledge of the Customary law and custom of the place of origin of the deceased employee ; or

(c)any book or manuscript recognized as legal authority by people indigenous to the community in which such law or custom applies and is admissible.

Provided that such proof or evidence is not repugnant to natural justice, equity and good conscience.

6. When an intestate action will not be entertained.

—Any action filed before the Court concerning the entitlement of a deceased employee who died intestate which does not comply with the provisions of rules 1, 2, 3, and 4 of this Order may be incompetent and may not be entertained by the Court.

7. Admissibility of process or order from Sharia or Customary Court of Appeal or other proof of custom. When there is more than one letter of administration or any other proof or conflicting proof of custom.

—A process or any order of a Customary Court of Appeal or Sharia Court ofAppeal, or any proof related to or connected with inheritance emanating from the customs or traditions of the people or from the traditional Ruler or Custodian of the customs or traditions of the place of origin of the deceased employee, presented before the Court, shall be presumed to be true and authentic, unless the contrary is proved.

—Where there are conflicting Letters of Administration or any proof or Order of the Customary Court of Appeal or Sharia Court of Appeal or any proof related to or connected with inheritance emanating from the customs or traditions of the people or from the traditional Ruler or Custodian of customs or traditions of the place of origin of the deceased employee, the authenticity or otherwise of the conflicting letters of administration or any other process or the custom of the deceased employee, shall be resolved by the Probate Registry, Customary Court of Appeal or Sharia Court of Appeal or the traditional Ruler or other Custodians of the customs and traditions of the deceased employee from which the letters or proof or order were obtained.

9. Court may invite custodian of custom.

—Where there is conflicting evidence or other proof of the custom or tradition of the deceased employee, the Court may suo motu, invite the traditional Ruler or any other Custodian of custom as it relates to inheritance to give evidence or expert opinion on the matter.

10. Matters to be placed on fast track.

—Any process related to or connected with outstanding salary, benefits, allowances, gratuity, pension or any other entitlement of a deceased person filed in any of the Registries of the Court, shall be placed on fast-track. ORDER 12—PRE-TRIAL CONFERENCE

1. Response to claim or complaint.

—(1) Any party on whom a statement of facts or complaint has been served may respond to that statement of facts or complaint which must with the modifications required by the context of the statement of facts or complaint contain the same information required by Order 3 Rule 1 of these Rules.

(2)The response must be filed not later than fourteen (14) days after service of the statement of claim or complaint.

2. Court ordered or party-driven pre-trial conference Time limit for initiating pre-trial conference. When party fails, etc. to initiate pre- trial conference.

—(1) When a response is filed, the Court may suo motu order or the parties to the proceedings on their own volition may hold a pre-trial conference in accordance with the provisions of sub-rule 2 of this rule.

(2)Where parties in a matter before the Court have joined issues, either the Claimant/Applicant or Defendant /Respondent may initiate the holding of a pre-trial conference within fourteen (14) days of joining issues.

(3)Where either of the parties fails or refuses to initiate a pre-trial conference as required by sub-rule 2 of this Rule, the Court may order that a pre-trial conference be held within such specified time as the Court may deem proper.

(4)(a) Parties or their counsel shall reach a consensus on the date, time and venue for the holding of the pre-trial conference.

(b)Where the Court orders a pre-trial conference, the Registrar, shall inform the parties in the matter of the date, time and venue for the conference.

(5)At the pre-trial conference, the parties shall attempt to reach a consensus on the following :

(a)the means by which the dispute may be settled ;

(b)facts that are common to the cause of action ;

(c)facts that are contentious in the dispute ;

(d)the issues that the Court may be required to decide ;

(e)the precise relief claimed and if compensation is claimed, the amount of the compensation and how it is calculated ; (f ) discovery and the exchange of documents, and the preparation of a paginated bundle of documentation in chronological order ;

(g)the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents, or parts of documents, will serve as evidence of what they purport to be ;

(h)whether evidence on affidavit will be admitted with or without the right in any party to cross-examine the deponent ;

(i)the necessity for any party on-the-spot inspection or workplace visit ;

(j)securing the presence of any witness in Court ;

(k)the resolution of any preliminary points that are intended to be taken ;

(l)expert witness, if necessary ;

(m)any other means by which the proceedings may be shortened ;

(n)an estimate of the time required for hearing ;

(o)whether an interpreter is required and if so in which language(s).

3. When parties are unable to reach consensus. Filing of report of pretrial conference.

—Where the parties or their counsel are unable to settle the matter at the pre-trial conference, the parties must draw up and sign a minute dealing with the matters set out in Rule 2 (5) of this Order.

—The party initiating the pre-trial conference must ensure that a copy of the report of the pre-trial conference is filed within seven (7) days of the conclusion of the pre-trial conference.

5. Registrar to remit file of pretrial conference to the Court. Action of President of the Court.

—(1) Where a report of a pre-trial conference is delivered within or out of the allowed time, whichever comes first, the Registrar shall remit the file of the matter to the President of the Court or a Judge of the Court for directions.

(2)The President of the Court may—

(a)if he is satisfied that the matter is ripe for hearing direct the Registrar to list the matter for hearing ;

(b)assign the matter to a Judge for hearing and determination in accordance with the Rules of the Court;

(c)direct the parties to convene a further pre-trial conference at a date, time and place (venue) fixed by the Court.

6. When parties fail to attend pretrial conference.

—Where any of the parties fails to attend a court-ordered pre-trial conference or fails to comply with any direction issued by the President of the Court or a Judge of the Court, the matter may be set down for hearing on the direction of the President of the Court or a Judge of the Court.

7. Listing of matter for hearing after pretrial.

—(1) Where any direction or order given by the Court in a referral has been satisfied, the President of the Court may direct that the matter be listed for hearing.

(2)Where directions have been given for the hearing of a matter, the Registrar shall list the matter; notify the parties of the date, time and the Judicial Division for hearing. ORDER 13—PARTIES A. Parties Generally

1. Joint or Several Claimants in one action.

—All persons may be joined in one action as Claimants in whom any right to relief is alleged to exist whether jointly or severally and judgment may be given for such Claimant(s) as may be found to be entitled to relief and for such relief as the Claimant may be entitled to without any amendment.

2. When the name of Claimant is doubtful.

—(1) When an action commenced in the name of a wrong person as Claimant, or where it is doubtful that it commenced in the name of the right Claimant, the Court, if satisfied that it commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, may order any other person to be substituted or added as plaintiff upon such terms as may be just.

(2)Where in commencing an action any person has been wrongly or improperly included as a Claimant and a Defendant has set up a Counter- Claim or set off, such Defendant may establish the Set-Off or Counter-Claim as against the parties other than a Claimant so included, notwithstanding the inclusion of such Claimant or any proceeding based thereon.

—If it appears on oath or affidavit to the satisfaction of the Court that the Defendant has a bona fide counter-claim against such Claimant which can be conveniently tried by the Court, it shall be lawful for the Court in its discretion to stay proceedings in the suit instituted by such Claimant until he shall provide such security to comply with the orders and judgment of the Court with respect to such counterclaim as the Court shall think fit.

4. Joinder of any person as Defendant.

—Any person may be joined as Defendant against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative. Judgment may be given against one or more of the Defendants as may be found to be liable, according to their respective liabilities, without any amendment. Where the

—Where the name of a party has been incorrectly stated, a Judge of the name of a Court may upon application order a correction of such name on any terms as party is may be just. incorrectly stated.

—(1) It shall not be necessary for every Defendant to be interested in Defendant need not be all the reliefs prayed for, or as to every cause of action included in any interested in proceeding against such a Defendant. all reliefs or every cause of action. Action of

(2)A Judge upon considering the defence filed by any Respondent/ Judge to Defendant may on application by that Defendant make such Order as may prevent appear just to prevent the Respondent/Defendant from being embarrassed or embarrassment put to expense by being required to attend any proceedings in which to a Respondent/Defendant may have no interest. Defendant. Claimant

—A Claimant may at the Claimant’s option join as parties to the same may join all action all or any of the persons severally, or jointly and severally liable on any persons, reliefs in the matter. severally or jointly as parties in an action.

—Where a Claimant is in doubt as to the person from whom the Claimant Action by Claimant in is entitled to redress, the Claimant may, in such manner as hereinafter mentioned, doubt as to or as may be prescribed by any special order, join two or more Defendants, with Defendants. the intent that the question as to which, if any, of the Defendants is liable and to what extent, may be determined as between all parties.

—Persons under legal disability may sue by their guardians or defend by Suit by or against guardians appointed for that purpose. persons under legal disability. Written

—Where any person’s name is to be used in any action as guardian of authority a person under legal disability or other party or as a relation, a written authority from for that purpose signed by the guardian, or relation, as the case may be shall guardian or be filed in the Registry. relation of person with legal disability.

—(1) Where there are numerous persons having the same interest in Action by numerous one suit, one or more of such persons may sue or be sued on behalf of or for persons with the benefit of all persons so interested. same interest in one suit. One or more

(2)Where there are numerous persons having the same interest in one among suit and they seek to defend the action, a Judge may allow one or more of numerous such persons to defend the action on behalf of, or for the benefit of all persons persons with so interested. same interest in a suit to defend others. Application

(3)A person who has an interest in the determination of a matter by the to be joined Court may apply to be joined as a party to the proceedings. as party.

(4)Where in any matter before the Court a party wishes to join a third Joinder of third party party who is not a party to the proceedings, the first party may apply to the to a suit. Court to join that third party to the action. When Court

(5)On an application for a declaration or an Injunction, the Court may may appoint appoint one or more persons to represent any class or group of person who— representative.

(a)may be commonly interested in any matter ; or

(b)are commonly affected or likely to be commonly affected. by any act or action of any person or authority, where such class or group of persons may not be easily ascertainable or conveniently found, if satisfied that is expedient to do so. Power and

—Where in any proceedings before the Court, compromise is proposed action of and some of the absent persons who are interested in or may be affected by Court to the compromise are not parties to the proceedings but— approve compromise. When

(1)there are some other persons having the same interest before the persons with Court who assent to the compromise or on whose behalf the Court the same sanctions the compromise ; or interest assent to compromise

(2)the absent persons are represented by a person who so assents on When absent persons their behalf ; assent.

(3)if satisfied that the compromise will be for the benefit of the absent Court may approve persons and that it is expedient to exercise this power, the Judge may approve compromise the compromise and order that such compromise shall be binding on those to benefit absent persons, and they shall be bound accordingly, except where the Order absent has been obtained by fraud or non-disclosure of material facts. persons. Where

—(1) If in any proceedings it appears to a Judge that any deceased deceased person who was interested in the proceedings has no legal personal person representative, the Judge may proceed in the absence of any person (party) has representing the interest of the deceased person. no legal personal representative.

(2)Where a sole or sole surviving Claimant or Defendant in a proceedings Legal practitioner dies and the cause of action survives but the person entitled to proceed fails to may apply proceed, a Judge may on the application of either the deceased’s Counsel or for the the opposing party order any person to take the place of the said deceased substitution and proceed with the suit. of deceased party.

(3)In default of such application or where the person substituted fails to Judgment may be proceed, judgment may be entered for the Defendant or as the case may be entered if for the person against whom the proceedings might have been continued. there is no representation for deceased person.

—(1) No proceedings shall be defeated by reason of misjoinder or Proceedings not defeated non-joinder of parties, and a Judge may deal with the matter in controversy so by mis-far as regards the rights and interest of the parties actually before the Court. joinder or non-joinder of parties.

(2)A Judge may at any stage of the proceedings, either upon or without Names of improperly the application of either party, and on such terms as may appear to the Judge joined to be just, order that the names of any party or parties improperly joined be parties to be struck out. struck out by order of the Court.

(3)A Judge may order that the name of any party who ought to have Names of necessary been joined or whose presence before the Court is necessary to effectually party to be and completely adjudicate upon and settle the questions involved in the added by proceedings be added. order of the Court

(4)(a) No person under legal disability shall be added as a Claimant When to add person under suing without a guardian, and ; legal

(b)No person shall be added without the person’s consent in writing as disability. the guardian of a Claimant under legal disability. Service of

(5)Every party whose name is added as Defendant shall be served with Defendant in the Originating Processes or Notice in the manner prescribed in these Rules Originating or in such manner as may be prescribed by a Judge and the proceedings process. against such person shall be deemed to have begun on the service of Originating Processes or Notice. Application

—(1) Any application to add or strike out or substitute or vary the by motion name of a Claimant or Defendant may be made to the Court by motion on to add, strike notice. out substitute or vary name of Claimant or Defendant.

(2)Where the application is to add a Claimant or a Defendant, the Statement of Claim to application shall be accompanied by the Statement of Facts or Defence as the accompany case may be, together with all the exhibits intended to be used and the Application depositions of all the witnesses. to add names.

Provided that where the application is to substitute a deceased party with another person, the application may not be accompanied by the documents specified above.

—Where a Defendant is added or substituted, the Originating Processes Where Defendant is shall be amended accordingly and the Claimant shall unless otherwise ordered added or by the Court file an amended Originating Process and cause the new Defendant substituted. to be served in the same manner as the original Defendant.

—(1) Where it appears to the Court that any person not a party in Joinder by any party of the proceedings may bear eventual liability either in whole or in part, the Court third Party may upon an application allow that person to be joined as a third party by any likely to bear of the Defendants. The application shall state the grounds for the applicant’s liability. belief that such third party may bear eventual liability. Service on

(2)The Order of the Court and existing processes shall be served on the Third party third party within the time prescribed for delivering the Defence. within prescribed time.

—Where a party is joined in any proceeding as a third party, such a Appearance by Third party may after service enter appearance within fourteen (14) days on such Party. further terms as the Court may order. Default by

—If a third party duly served with the Order and all existing processes, Third Party. does not enter an appearance or makes default in filing any pleading, the third party shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise. Subsequent

—A party joined as a third party in any proceedings may join any other Third Party. party in the same manner as the third party was joined and the expression

“Third Party” shall apply to and include every person so joined. Claim

—A Defendant may make a claim against a Co-Defendant in the against Co- Defendant’s Counter-Claim. Defendant. B.—Actions against Firms and Persons carrying on Business in Names other than their own Actions by

—Any two or more persons claiming or alleged to be liable as partners and against and doing business within the jurisdiction may sue or be sued in the name of Firms. the Firm, if any, of which they were partners when the cause of action arose; and any party to that action may in such case apply to the Judge 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 Judge may direct.

—(1) When an Originating Process is issued by partners in the name Disclosure of partner’s of their Firm, the Claimants or their Counsel shall, on demand in writing by or names and on behalf of any Defendant, declare in writing the names and residential addresses. addresses of all persons constituting the firm on whose behalf the action is brought. Stay of

(2)Where the Claimants or their Counsel fail to comply with such demand, action for all proceedings in the action may upon an application for that purpose, be failure to stayed upon such terms as the Court may direct. declare names and addresses of partners. Suit to

(3)Where the names of the partners are so declared, the suit shall proceed proceed in the same manner and the same consequences in all respects shall follow as when names if they had been named as Claimants in the Originating Process provided that and the proceedings may continue in the name of the Firm. addresses of partners are declared.

—(1) Where persons are sued as partners in the name of their Firm, Partners to appear they shall appear individually in their own names; but all subsequent proceedings individually shall continue in the name of the Firm where they are represented by counsel. in proceedings. When no

(2)Where an Originating Process is served upon a person having the personal control or management of the partnership business, no appearance by such appearance person shall be necessary unless the person is a member of the Firm sued. is required. Application

—The above Rules in this part of this Order shall apply to proceedings of Rules between a Firm and one or more of its partners and between Firms having to actions one or more partners in common, provided such Firm or Firms carry on business between within the jurisdiction. Co-partners. Persons

—Any person carrying on business within the jurisdiction in a name or carrying on style other than the person’s own name may be sued in such name or style as business if it were a Firm name, and, so far as the nature of the case will permit, all as a Firm. Rules relating to proceedings against Firms shall apply. C.—Change of parties by Death or otherwise, etc.

—No proceedings—

(1)shall abate by reason of the death or bankruptcy of any of the parties, Proceedings not to abate if the cause of action survives. where cause of action survives.

(2)shall become defective by the assignment, creation or devolution of Proceedings not defective any estate or title pendente lite, and whether the cause of action survives or whether not, and cause of action survives or not.

(3)shall abate by reason of the death of either party between the finding Proceedings not to abate on issues of fact and judgment, but judgment may in such case be entered by reason of notwithstanding the death of either party. death of either party.

—(1) Where by reason of death or bankruptcy, or any other event Order to carry on occurring after the commencement of a proceeding and causing a change or proceeding transmission of interest or liability, or by reason of any person interested coming despite into existence after the commencement of the proceeding, it becomes change of necessary or desirable that any person not already a party or that any person capacity of an existing or already a party should be made a party in another capacity, an order that the new party in proceedings shall be carried on between the continuing parties and such new the party or parties may be obtained upon an application for such change, or proceedings. 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 Service of Order on party or parties, or their Counsel and also upon such new party unless the parties under person making the application is the new party. sub rule (1) of this rule.

(3)Every person served who is not already a party to the proceedings Appearance of person shall where applicable enter an appearance thereto within the same time and not already in the same manner as if the person had been served with the Originating party to the Process. The person shall thereupon be served with the Originating Process proceeding. and all existing processes.

(4)Any party served under this Rule who was not already a party to the Filing of pleadings by proceedings shall file pleadings and other documents as if the party had been new party to an original party in the proceedings. proceedings.

—In the case of an assignment, creation or devolution of any estate or Continuation of title pendente lite, the cause or matter may be continued by or against the proceedings person to or upon whom such estate or title has come or devolved. upon assignment or other devolution of interest. Application

—Where any person who is under no legal disability or being under by person any legal disability but having a guardian in the proceedings is served with an under no Order under Rule 28 such person may apply to a Judge to discharge or vary legal such Order at any time within fourteen (14) days of the service of the Order. disability or where being legally disabled, has a guardian, to vary Court. Order obtained under Rule 28.

—Where any person under any legal disability and not having a guardian Application by person in the proceedings is served with an Order under Rule 28 of this Order, such under legal a person may apply to a Judge to discharge or vary the Order at any time disability within fourteen (14) days of the appointment of a guardian for such party, and and not until such period of fourteen (14) days has expired, the order shall have no having a guardian. force or effect as against the person under legal disability. D.—Legal Practitioners or Agents

—Where by these Rules, any act may be done by any party in any Acts to be done by proceedings, such act, may be done either by the party in person, or by the Legal party’s counsel, or by the party’s agent (unless an agent is expressly barred Practitioner, under these Rules). or agent.

—If a power of attorney is executed by a principal and the agent is When an agent may authorized to sue in a representative capacity on behalf of the principal, such sue for an action must be brought in the name of the principal, that is, the donor of the principal. power of attorney, indicating that the donor is suing through the named agent. ORDER 14—SEXUAL HARASSMENT, WORKPLACE DISCRIMINATION, ETC.

1. Claims of sexual harassment.

—(1) Where in an action before the Court, a Claimant alleges sexual harassment at the workplace, the Claimant or the Claimant’s counsel may in the complaint, indicate whether the sexual harassment is :

(a)Physical conduct of a sexual nature : such as unwanted physical contact, ranging from touching to sexual assault and rape, strip search by or in the presence of the opposite sex, gesture that constitutes the alleged sexual harassment ; and/or

(b)A verbal form of sexual harassment: such as unwelcome innuendoes, suggestions and hints, sexual advances, comments with sexual overtones, sex related jokes or insults, or unwelcome graphic comments about a person’s body, unwelcome and inappropriate enquiries about a person’s sex life and unwelcome whistling at a person or group of persons, any document, material or exhibit in further support of the claim ; and/or

(c)A non-verbal form of sexual harassment which includes unwelcome gestures, indecent exposures, and unwelcome display of sexually explicit pictures and objects ; and/or

(d)Quid pro quo harassment where an owner, employer, supervisor, member of management or co-employee undertakes or attempts to influence or influences the process of employment, promotion, training, discipline, dismissal, salary increments or other benefits of an employee or job applicant in exchange for sexual favours.

(2)Where in an action before the Court, a Claimant alleges workplace discrimination, such Claimant shall state whether the alleged workplace discrimination is on any of the following grounds :

(a)ancestry,

(b)religion,

(c)gender,

(d)marital status,

(e)family situation, (f ) genetic heritage,

(g)ethnic origin,

(h)political or ideological convictions,

(i)union affiliation,

(j)tribe,

(k)handicap or disability,

(l)health,

(m)pregnancy, and

(n)any other ground.

(3)The Claimant shall also in the complaint, indicate the activity, (including Mode, manner, etc. the mode, manner, correspondence and communication) that constitutes the of alleged workplace discrimination discrimination in the workplace. Defendant’s

—(1) The defendant in an action arising from workplace discrimination statement of or sexual harassment shall file the defence to the complaint within 14 days of defence. being served the process. Defendant’s

(2)The defendant in addition to the defence filed, may file a counter-counter-claim and witness statement on oath and the Court may treat it in accordance claim. with the rules of the Court. When Court

(3)Where in any of the claims or complaints arising under Rule 1(1) may non-of this Order, there is no satisfactory evidence entitling the Claimant or suit or the defendant to judgment of the Court, the Court may non-suit or dismiss dismiss the action. action. ORDER 14A—INTERNATIONAL PROTOCOL, CONVENTION, TREATY Procedure in

—(1) Where an action involves a breach of or non-compliance with action for an international protocol, a convention or treaty on labour, employment and breach of industrial relations, the Claimant shall in the complaint and witness statement protocol, on oath, include, convention, etc.

(a)the name, date and nomenclature of the protocol, convention or treaty ; and

(b)proof of ratification of such protocol, convention or treaty by Nigeria. Proof of

(2)In any claim relating to or connected with any matter, the party existence of relying on the International Best Practice, shall plead and prove the existence International of the same in line with the provisions relating to proof of custom in the extant Best Evidence Act,. Practice. Defendant’s

—(1) The defendant in an action relating to or connected with any statement matter in this Order shall file a statement of defence to the claim not later than of defence. 14 days after being served the process. Defendant’s

(2)The defendant may in addition to the statement of defence file a counter-counter-claim and witness statement on oath, and the Court shall treat it in claim. accordance with the Rules of the Court. When court

(3)Where from the information provided in compliance with Rule 1 may non-of this Order, there is no satisfactory evidence entitling the Claimant or suit or the defendant to judgment of the Court, the Court may non-suit or dismiss dismiss the the action. claim. ORDER 15—DEFENCES Form 25,

1. Duty of Party served with a Complaint.

—(1) Where a party served with a Complaint or any other originating process and the accompanying documents as stipulated in Order 3 of these Rules intends to defend and/or counter-claim in the action, the party shall not later than fourteen (14) days or any other time prescribed for defence in the Complaint, file :

(a)a statement of defence and counter-claim, (if any), which may include any preliminary objection the party wishes to raise to the Claimant’s action ;

(b)a list of witnesses ;

(c)a list and copies of documents and other exhibits to be relied upon at the trial ;

(d)Written Statements on oath of all witnesses listed to be called by the Defendant other than witnesses to be subpoenaed.

(2)Notwithstanding the provisions of sub-rule 1 of this rule, a party in a matter before the Court may apply for leave to call additional or substitute witness(es) after filing the list of the party’s witnesses and tender additional exhibits or documents.

Provided that such a party shall file along with the application for leave, the said witness(es)’ written statement on oath and additional exhibits or documents.

2. Defence to state contact information.

—(1) A party served as a Defendant/Respondent with a Complaint or any other Originating Process and accompanying documents and who intends to defend and/or counter-claim in the action, shall, after complying with Rule 1 of this Order, state in the party’s defence and/or counter-claim; the party’s contact addresses (residential or business), telephone number(s) and e-mail address(es) as the party’s contact information for service of any Court process.

(2)Where a party has appointed or instructed a counsel to appear on the party’s behalf and represent the party, and the counsel has entered an appearance, all processes filed in the matter shall be served on counsel, except as the Court may otherwise direct.

(3)Where a party served as a Defendant/Respondent with a Complaint or any other originating process intends to defend and/or counter-claim through a Counsel, the Counsel shall state in the defence and/or counter-claim the address, telephone number(s) and e-mail address(es) of the Counsel’s chambers as the contact information for service on the Counsel of any Court process.

Provided that where counsel is based or resident outside the Judicial Division or State Registry where the defence and/or counter-claim is filed, the Counsel shall in addition, state an address, telephone numbers and other contact information of chambers within the Judicial Division of the Court as Counsel’s contact information

(4)Where a defendant is served with an originating process as required by Order 3 of the Rules of this Court, the defendant shall explicitly and clearly state in details in the defendant’s statement of defence :

(a)whether the defendant admits the claim in whole or in part ;

(b)if the defendant admits the claim in part, the defendant shall state what part of the claim is admitted and how the defendant intends to pay the part or amount admitted ;

(c)if the defendant has a counter-claim or set-off against the claim, the defendant shall clearly state this in a defence and proceed to plead the defendant’s counter-claim which shall be treated as claim ;

(5)Where Claimant intends to defend a counter-claim or set off, the Claimant shall file a defence to the counter claim or set–off within seven (7) days of receipt of the counter–claim and/or the set-off.

(6)Where the defendant admits part of the claim, the claimant may by motion on notice request the Court to give judgment against the defendant on that sum of money (where the claim is monetary) or part of the claim admitted by the defendant.

(7)The Court may thereafter enter judgment for the payment of the part admitted by the Defendant and may order that the action proceeds in respect of the unadmitted or contested part of the claim.

(8)Where the defendant fails to deny or contest any of the claims of the claimant as contained in the statement of claims, the Claimant may by motion on notice to the Court indicate that the defendant has disclosed no defence and therefore request for judgment.

3. Treatment of documents by defendants.

—Where a defendant/respondent is served with a schedule of documents or any recording by an electronic device to be relied on at the trial by the claimant, in compliance with Order 3 rules 9 and 10 of these Rules, the defendant(s) shall file and serve along with the defence a schedule that indicates :

(a)the document(s) or any recording by an electronic device the admissibility of which the defendant shall not be objecting to at the trial ; and

(b)the document(s) or any recording by an electronic device which the defendant shall be objecting to at the trial.

4. Admitted documents.

—(1) Any document or recording by an electronic device contained in the schedule which is not objected to by the Defendant shall be deemed admitted except the Court otherwise directs.

Provided at all times that a party that has signified an intention to object to the admissibility of a document or documents or any recording by an electronic device sought to be tendered by the other party shall file separately a short but succinct Written Address stating the ground(s) of objection and legal argument and authority for same.

Provided also that a party to whose document and or any recording by an electronic device an objection has been raised, upon being served with the notice of objection together with the written argument in support of same, shall accompany such party’s reply process(es) which shall be on point of law with a written address in response to the objector’s argument, within fourteen

(14)days of service of the objector’s process(es).

Provided further that at the commencement of trial, the Court may first take and dispose of all arguments on the admissibility and non-admissibility of the documents or any recording by electronic device of all parties. Nothing in the foregoing shall preclude the Court from taking the arguments on admissibility and evidential value of documents and exhibits alongside arguments as to the substantive suit at the close of evidence at the stage of Final Addresses.

(2)The defendant(s) shall file and serve on the Claimant along with the statement of defence, a schedule of all documents and or any recording by an electronic device the defendant shall be relying on at the trial and the Claimant shall be required to indicate :

(a)The document(s) and or any recording by an electronic device the admissibility of which the Claimant shall not be objecting to at the trial ;

(b)The document and or any recording by an electronic device the Claimant shall be objecting to at the trial.

(3)Any document and or any recording by an electronic device contained in the schedule which is not objected to by the Claimant shall not be allowed to be objected to at the trial except the Court otherwise directs.

—Where a party served with an Originating Summons with any other accompanying documents and or any recording by an electronic device as stipulated in Order 3 Rule 16 of these Rules intends to contest the Originating Summons, such party shall not later than fourteen (14) days thereafter or any other time prescribed, file a Counter Affidavit thereto, which shall be accompanied by :

(a)other relevant document(s), if any

(b)a Written Address in opposition to the argument advanced by the Applicant ; or

(c)any records of data relevant to party’s defence in an electronic storage device.

6. Time limit for filing written statement of defence on points of law. Time limit for Claimant’s reply to statement of defence.

—The Applicant may file a written reply on point(s) of law within seven (7) days of service of the Respondent’s Affidavit (if any) and a Written Address.

—Where a Claimant has served the Defendant/Respondent with the Claimant’s Originating Process in compliance with Order 3 rules 9 and 10 of these Rules, and the Defendant/Respondent has filed a defence and served same on the Claimant in compliance with Rule 1 of this Order, the Claimant may file and serve a reply to the statement of defence and serve same on the Defendant within seven (7) days from the date of receipt of the defence.

Provided that the Claimant shall have the right to reply only to new issues raised by the Defendant in the statement of defence.

8. When party fails to comply with time limit.

—Where notice has been served on a party to file a notice of response within the time allowed by rule 1 of this Order and that party fails to comply, the matter shall nevertheless be set down for hearing and if on the day of hearing, the defaulting party—

(1)appears and shows good cause why the party did not file a notice of response, the Court may according to the nature of the case, or as the justice of the case requires—

(i)postpone the matter to enable the defaulting party to comply, or ;

(ii)proceed to hear and determine the matter ; or

(2)does not appear or show good cause why the party did not file a response, the Court may, according to the nature of the case, or as the justice of the case may require—

(a)enter a default judgment against the defaulting party ; or

(b)proceed to hear and determine the matter. ORDER 16—SUMMARY JUDGMENT

1. Application for Summary Judgment

—Where a Claimant believes that there is no defence to the claim, an application for summary judgment supported by an affidavit stating the grounds for the belief shall be filed along with the originating process. The application shall be accompanied with the statement of facts, any exhibits and a written brief.

—A Claimant shall deliver to the Registrar as many copies of all the Number of Copies of processes and documents referred to in rule 1 of this Order as there are Processes to defendants or respondents. be delivered to the Registrar

—Service of all the processes and documents referred to in rule 1 of this Mode of Service of Order shall be effected in the manner provided for under these Rules. Processes and Documents

—Where a party served with the processes and documents referred to Action of a party in rule 1 of this Order intends to defend the action such a party shall, not later intending to than the time prescribed for defence, file : defend upon

(a)a statement of defence ; being served

(b)documents to be used in defence ;

(c)a counter–affidavit and a written brief in reply to the application for summary judgment ; and

(d)written statement on oath of all witnesses listed to be called by the defendant other than witnesses to be subpoenaed.

—(1) Where it appears to the Court that a party has a good defence Duty of Court upon and ought to be permitted to defend the claim such party may be granted hearing leave to defend. application for Summary Judgment Judgment

(2)Where it appears to the Court that a party does not have a good when there defence the Court may thereupon enter judgment for the claimant. is no defence. Judgment on

(3)Where it appears to the Court that the defendant or respondent has part of claim a good defence to part of the claim, the Court may thereupon enter judgment to which no on that part of the claim to which there is no defence and grant leave to defence. defend that part to which there is a defence.

—Where there are several defendants or respondents and it appears to Duty of Court where the Court that any of the defendants or respondents has a good defence and there are ought to be permitted to defend the claim, and other defendants or respondents several do not have a good defence and ought not to be allowed to defend the claim, Defendants. the former may be permitted to defend the claim. The Court shall then enter judgment against the latter.

—Where provision is made for written briefs under these Rules, each Party at liberty to party shall be at liberty to advance before the Court oral submissions to expatiate expatiate on the party’s written brief for not more than 20 minutes. Written Address.

8. Party may submit to judgment on part of Claim When a defendant can defend contested part of claim.

—(1) A party to an action may submit to judgment in respect of any claim by the Claimant and seek the leave of the Court to defend the part of the claim the party is contesting.

(2)Where a party submits to part of the Claimant’s claim in line with sub-rule 1 of this rule, the Court shall enter judgment for the Claimant accordingly and thereafter grant leave to the defendant to defend the contested part of the claim. ORDER 17—MOTIONS AND OTHER APPLICATIONS

1. Application by motion on notice or motion ex parte.

—(1) Where by these Rules, any application is authorized to be made to the Court, such application shall be by motion on notice or motion ex parte and shall state under what Rules of the Court or Act or Law it is brought.

(2)Every motion on notice must be forwarded to and served on all parties in a matter.

(3)A motion must substantially comply with format prescribed below and must be signed by the party bringing the application or by the party’s counsel. The application must be delivered and must contain the following information—

(a)the title of the matter ;

(b)the case number assigned to the matter ;

(c)the prayer or relief sought ;

(d)an address of the party delivering the document at which that party will accept notices and services of all documents in the proceedings.

(4)The following applications shall be brought by motion on notice—

(a)Interlocutory applications;

(b)Other applications incidental to pending proceedings before the Court that are not specifically provided for in these Rules ;

(c)Any other applications for directions that may be sought from the Court.

(5)Every motion shall be supported by an affidavit setting out the facts upon which the application is made.

Provided that applications for direction on procedural aspects of the matter need not be supported by an affidavit.

(6)Every application shall be accompanied by a Written Address which shall be a succinct legal argument of the issues and appropriate authorities in support of the grounds of the application. Content of

(7)The Written Address in support of motion on notice shall contain ; Written

(a)a statement of facts in chronological order, on which the application Address is based, which statement must be sufficiently particularized to enable any accompanying person opposing the application to reply to the document ; application.

(b)issues for determination arising from the reliefs being sought by the Applicant ;

(c)succinct arguments of the legal issues that arise from the material facts and appropriate authorities cited in support of the argument ; and

(d)be divided into paragraph and numbered accordingly.

(8)Every motion shall be served on the Respondent and an advance When to forward copy of same shall be forwarded by the Claimant or claimant’s counsel to the advance other party within seven (7) days of filing. copy of motion to respondent. When to

(9)Every motion including Notice of Preliminary Objection shall be forward accompanied by a Written Address, and an advance copy of same shall be advance forwarded by the Defendant or Respondent or defendant/respondent’s counsel copy of to the Claimant or any other party in the matter within seven (7) days of filing. Defendant/ respondent Notice of Preliminary Objection.

(10)Where a Respondent served with a motion on notice intends to Time for Respon-oppose the application, the Respondent shall file a Counter-affidavit (if any) dent to file and a Written Address within seven (7) days of the service on the Respondent Counter of such application. An advance copy of the Counter-affidavit and Written affidavit. Address shall also be forwarded to the Claimant and any other party.

(11)Where a Counter-Affidavit together with a Written Address is served Time for Claimant on the Claimant/Applicant, the Claimant/Applicant may file a Further and to deal Better Affidavit to deal with new issues arising from the Respondent’s Counter-with new affidavit and a Written Reply on points of law within seven (7) days of service. issues An advance copy of same shall be forwarded to the Defendant or Respondent. arising from Respondent’s counter-affidavit. Party may

(12)Where the defendant or respondent did not file a Counter-affidavit, address the party may address the Court on point of law only. court on points of law only.

(13)Each party shall have twenty (20) minutes to expatiate on the party’s Time to adumbrate Written Address. on Written Address .

Provided that no party shall be allowed to introduce new issues in the party’s oral submission before the Court.

(14)Notwithstanding sub-rule 13 of this Rule, where a Respondent fails When Respondent or neglects to file a reply to the written address of the Claimant within the cannot be time allowed by the Court, apart from the penalty relating to such default, the allowed to Respondent shall not be allowed to make any oral submission at the hearing of make oral the application. submission.

—(1) Except where an application ex-parte is required or permitted When notice of Motion under any Statute or these Rules, every motion shall be on notice to the other should be party. given. Order for an

(2)The Court may either on application or suo motu make an order that injunction subject to the provisions of sub-rule (3) of this rule an injunction may subsist to subsist. until the hearing and determination of the motion on notice.

(3)A party affected by the order made ex parte may by motion on notice Application to vacate apply to the Court to vacate the order. order.

(4)The application in sub-rule 3 of this Rule shall be accompanied by : Documents to

(a)An affidavit ; accompany affidavit.

(b)AWritten Address detailing the grounds of the application for vacation of the order ; and

(c)A copy of the order of the Court which the party wants the Court to vacate. Counter-

(5)Upon receipt of the motion on notice by the party for whom a motion affidavit. ex parte has been granted, the said party shall file a counter-affidavit stating the grounds why the ex parte order should not be vacated. Motion to

—(1) Every notice to enforce an arbitral award shall state the grounds enforce an of the application and where any such motion is founded on evidence by Arbitral affidavit, a copy of the affidavit shall be served with the notice of motion. Award Certified

(2)The party relying on an award on applying for its enforcement shall True Copy supply a certified true copy of the award. of award.

(3)An award made by an arbitrator may, by leave of the Court, be Arbitral award may enforced in the same manner as a judgment or order of Court. be enforced like judgment of the Court. Length of

—Unless the Court grants leave to the contrary, there must be at least time three (3) clear days between the service of all processes in respect of a between motion and the day named in the notice for hearing the motion. service of processes and date fixed for Hearing of Motion.

—Where on the hearing of a motion or other application the Court is of Effect of failure to the opinion that any person to whom notice has not been given ought to have give notice had such notice, the Court may either strike out the motion or application or of Motion to adjourn the hearing in order that such notice may be given upon such terms, if Necessary any, as the Court may deem fit. Party Application

—Upon an application to the President of the Court by any of the parties for hearing in a matter, an application may be heard in Chambers by a Judge as may be in Chambers. directed by the President of the Court.

—The hearing of any motion or application may from time to time be Adjournment of Hearing. adjourned upon such terms as the Court shall deem fit—

Provided that no party shall make an application for adjournment more than twice.

—A Claimant may file any application together with an originating process Filing and Service of and may serve both on any defendant or respondent simultaneously. application with Originating Process

—(1) Subject to sub-rule (2) of this rule, the Court may, on the Power of Court to application of any party, make any order under the Act it considers necessary. make an Interlocutory Order.

(2)Before making an interlocutory order under these Rules, the Court Court to ensure shall take all reasonable steps to ensure that notice of the application for the service of interim order has been served on the respondents. notice of application for interim order.

—Every motion filed before the Court, shall be set down and ruled Decision must be upon and no motion shall be left in abeyance. given on any motion filed.

—In any case pending before the Court, any motion filed as an Interlocutory application interlocutory application shall be heard and ruled upon before the final judgment to be heard is delivered in the matter. and determined before final judgment. A.—Interlocutory Applications Constitution

—(1) For the purpose of hearing and determining interlocutory of court for applications, the Court shall be duly constituted, if it consists of a Judge of the hearing and Court. determination of

Provided that a panel of three Judges may also hear and determine interlocutory interlocutory applications, if the President of the Court so directs. applications Court to set

(2)The Court shall in the course of any proceeding before it ensure that down every motion (or application) coming before the Court is set down, heard and motion and ruled upon, notwithstanding the perceived strength, weakness or otherwise of determine such motion (or application) ; every motion notwithstanding

Provided that the Court may refuse to hear the motion (or application) in a their proper circumstance in the exercise of its punitive jurisdiction against a strengths or contemnor of a Court order who is expected to be purged of the contempt weaknesses. before being heard.

(3)No motion (or application) brought before the Court may be Court to entertain all discountenanced for reasons merely that such a motion (or application) has motions. been superseded and or overtaken by another one. The Court in the circumstance shall take steps to set down and hear all such motions (or applications) in a way or manner and in such order as will allow for fair trial and hearing of the cause or matter.

—In the exercise of its powers and in the performance of its functions, Court may exercise or in any incidental matter, the Court may act in a manner that it considers powers to expedient in the circumstances to achieve the objectives of the Act and the achieve the Rules of the Court. objective of NICA, 2006. B.—Ex Parte Motion

—(1) For any motion ex-parte to be heard by the Court, the Applicant Motion on notice to be shall file along with the ex-parte application a motion on notice at the same filed with time. every ex-parte application. Ex parte

(2)No application for an injunction shall be made ex-parte unless the application applicant files with it a motion on notice in respect of the application. for injunction to be with motion on notice.

(3)A motion ex parte shall be supported by an affidavit stating sufficient Ex parte motion to be grounds why a delay in granting the Order sought would cause irreparable suported by damage or serious mischief to the party moving it. affidavit

(4)A party moving a Court on a motion ex parte may support the motion Party moving by argument addressed to the Court on the facts put in evidence, while the motion ex other party to the proceedings, although present in Court may not be heard. parte to address Court on facts in evidence. Court may

(5)Where a motion is made ex parte, a Court may make or refuse to grant, refuse make the Order sought, or may direct the motion to be made on notice to the to grant parties affected or may grant an Order to show cause why the Order sought Order should be made. sought or direct that motion be made ex parte.

(6)Where an Order is made on motion ex parte, any party affected by it Party affected by may within seven (7) days after the service of the Order, or within such ex parte further time as the Court may allow, apply to the Court by motion to vary or Order to discharge it, and the Court may, on notice to the party obtaining the Order, react to either refuse to vary or discharge it, or may vary or discharge it, with or Order and act in line without imposing terms as to costs or security, or as may seem just. with direction of Court.

(7)An Order made on motion ex parte shall last for only fourteen (14) Lifespan of Order made days after the party affected by the Order has applied for the Order to be ex parte. varied or discharged; or last for another fourteen (14) days after application to vary or discharge it had been concluded.

(8)Where a motion to vary or discharge an ex parte Order is not taken When a motion to within (14) fourteen days of its being filed, the ex parte Order shall automatically vary or lapse. dischargeex parteOrder can lapse. When Order

(9)An order of injunction made upon an application ex-parte shall abate of injunction at the end of seven (7) days upon hearing and determination of the motion on made on ex-notice or as the court may otherwise direct during its ruling. parte application shall abate.

(10)The Court may in the interest of justice and upon an application Court may extend extend the effective period of an interim order of injunction made ex parte, duration of either to be extended from time to time or to last until the hearing and interim determination of the motion on notice for interlocutory injunction. injunction.

Provided that the application for extension is made not more than seven (7) days before the expiration of the Order for interim injunction. C.—Notice of Motion Application on Arbitral Awards Motion to

—(1) Every application to enforce a binding arbitral award made by set aside, an Arbitral Body shall state in general terms the grounds of the application remit or and where any such motion is founded on evidence by affidavit, a copy of any enforce affidavit intended to be used shall be served with the notice of motion. arbitral award to state grounds of application.

(2)The party relying on a binding award or decision or ruling or Party to supply recommendation made by an Arbitral Body shall sufficiently supply duly sufficient certified true copies of the award or decisions or recommendation. certified copies of award or decisions. Award of

(3)An award made by an Arbitral Body in a matter within the jurisdiction Arbitral of the Court may, by leave of the Court, be enforced in the same manner as a Body, IAP judgment or order of the Court. or Tribunal to be enforced as judgment or order of the Court. D.—Non-Contentious Applications

—(1) The Judge or the Panel of Judges to whom a matter has been Judge to take and decide assigned may take and decide any non-contentious applications in Chambers non-without inviting parties or their Counsel to appear before the Court where the contentious applicant has complied with prescribed rules relating to the application and the application opposition party apart from not filing any process in opposition must have filed in Chambers. a notice indicating a clear intention not to contest the application. When

(2)Any of the parties may with the leave of the Court make an oral parties may application to the Court for a minor amendment on the face of the process or apply orally processes provided such an amendment does not affect the substance of the to amend case before the Court. process(es). ORDER 18—DETERMINATION OF MOTIONS

—Whenever any motion is filed in a matter before the Court, except it is Motion to be withdrawn by the applicant, it shall be heard and determined by the Court. determined except where withdrawn.

—(1) Where there are multiple motions in a matter before the Court, Handling of multiple the Court may consider taking the motions in order of filing and type, but may motions. hear the motion that regularizes or saves the matter before taking that which may terminate the matter.

Provided that where there are many defendants in a matter before the Court and there is a multiplicity of Notice of Preliminary Objections either touching on ;

(a)the jurisdiction of the Court to hear the matter ; or

(b)the competency of the Court to hear the matter ; or

(c)application of the statute of limitation the Court may hear the matter in the order listed paragraphs in (a), (b), (c) of this rule. When

(2)Where in matter before the Court, a defendant wishes to dispute the defendant jurisdiction of the Court to entertain such a matter, the Defendant may by a disputes the motion on notice, and an affidavit disclosing the facts in support of the application jurisdiction with a written address, apply to the Court to hear and determine the motion. of the Court.

(3)Where an application made in line with provisions of sub-rule (2) of When the Court may this rule, the Court may take such application together with the Claimant’s take motion substantive suit. on jurisdiction with substantive suit.

(4)A defendant making an application in line with the provisions of sub- Defendant to file rule (2) of this rule shall file along with the motion on notice a memorandum of memorandum appearance stating that he or she is appearing conditionally. of appearance.

(5)Where a Respondent served with a motion on notice intends to oppose the application, he shall do so in line with the provisions of Order 17 rule 1 sub-rules (10) and (11) and the matter may be handled in line with the provisions of sub-rules (12), (13) and (14) of Order 17 Rule 1.

3. Handling of multiple Preliminary Objections.

—Where there are many defendants in a matter and more than one Preliminary Objection is filed, the Court may order that the Preliminary Objections be consolidated.

4. Consolidation of Claimants Written Addresses.

—Where the Court orders a consolidation of Preliminary Objections as stated in Rule 3 of this Order, the Court may make an order that the Claimant’s reply to the consolidated Preliminary Objections be consolidated.

5. Consolidation of Written Addresses.

—Where there are many Claimants in a matter before the Court and there is a multiplicity of Preliminary Objections, the Court may order each Claimant to consolidate the Claimant’s reply in the Written Address instead of filing separate Written Addresses on each preliminary objection.

6. When Court may proceed to hear substantive matter after hearing preliminary objection.

—Where there is a matter pending before the Court and the preliminary objection is raised by any of the parties, in so far as the objection does not challenge the Court’s jurisdiction, the Court may decide to hear the preliminary objection and proceed to hear the substantive matter without delivering the ruling on the preliminary objection until the judgment is ready and the ruling on the preliminary objection shall be delivered first before proceeding to deliver the main judgment on the matter.

Provided that where the Court in its ruling decides that the preliminary objection be upheld, the Court may decide to proceed or not proceed with the delivery of the main judgment. ORDER 19—ARREST OF ABSCONDING PARTY FORM 90, 91, 92, 93, 97, 103, 115.

1. Party leaving Jurisdiction or removing property.

—Where in any suit a party (Respondent/Defendant) is about to leave the jurisdiction of the Court, or has disposed of or removed from the jurisdiction, the party’s property, or any part thereof, or is about to do so, the other party may, either at the institution of the suit, or at any time thereafter until final judgment, make an application to the Court that security be given for the appearance of the absconding party to answer and satisfy any judgment that may be passed against the party in the suit.

2. Warrant of Arrest issued by the Court.

—Where after investigation, the Court is of the opinion that there is probable cause for believing that a party is about to leave the jurisdiction of the Court, or has disposed of or removed from jurisdiction, the party’s property, or any part thereof, or is about to do so, it shall be lawful for the Court to issue a warrant to bring the party before the Court to show cause why that party should not give good and sufficient bail for the party’s appearance.

3. Bail in lieu of Appearance or Satisfaction.

—Where an absconding party (Respondent/Defendant) fails to show any such cause, the Court shall order the party to give bail for the party’s appearance at any time when called upon while the suit is pending and until execution or satisfaction of any judgment that may be passed against the party in the suit, or to give bail for the satisfaction of such judgment. The surety(ies) shall undertake in default of such appearance or satisfaction to pay any sum of money that may be adjudged against the party in the suit, with costs.

4. Deposit in lieu of bail

—Where a party (Respondent/Defendant) offers, in lieu of bail for the party’s appearance, to deposit a sum of money, or other valuable property, sufficient to answer the claim against the party with costs of the suit, the Court may accept the deposit.

5. Absconding party may be committed to Custody.

—(1) Where a party (Respondent/Defendant) fails to furnish security or offer sufficient deposit, the party may be committed to custody until the decision in the suit, or if judgment be given against the party, until the execution of the decree, if the Court so orders, but the Court may at any time, upon reasonable cause shown and upon such terms as to security or otherwise as may seem just, release the part (Respondent/Defendant).

(2)The application for committal may be made to the Court in any Judicial Division, in which the party may be, and the Court may issue a warrant for detaining and bringing the party before the Court where the suit is pending, and may make such further order as shall seem just.

(3)Where the warrant is issued by a Court in a different Judicial Division from that in which the suit is pending, that Court shall, at the request of either party, transmit the application and the evidence therein to the Court in which the suit is pending, on the sufficient security of the appearance of the party in that Court, or send the party there in custody of an officer of Court. The Court in which the suit is pending shall thereupon inquire into and proceed with the hearing of the application in accordance with the foregoing provisions, in such manner as shall seem just.

6. Payment of expenses for the subsistence of a party in Custody.

—(1) The expenses incurred for the subsistence in prison of the party so arrested shall be paid by the applicant in advance, and the amount so disbursed may be recovered by the applicant, unless the Court otherwise orders.

(2)The Court may release the party so imprisoned on failure by the applicant to pay the subsistence money, or in case of serious illness, order his or her removal to hospital. ORDER 20—INTERIM ATTACHMENT OF PROPERTY FORM : 80, 81, 82, 83, 84, 85, 86, 87, 88, 102, 105

1. Circumstances warranting application for Interim Attachment of Property

—Where in any suit the subject matter :

(1)on which the Court has exclusive jurisdiction; the defendant or respondent, with intent to obstruct or delay the execution of any decree that may be made against the defendant, is about to dispose of the defendant’s property, or any part thereof, or remove any such property from the jurisdiction ; or

(2)is founded on contract or tort or in which the cause of action arose within jurisdiction—

(a)the defendant or respondent is absent from jurisdiction or there is probable cause to believe that the defendant or respondent is evading service ; and

(b)the defendant or respondent is beneficially entitled to any property in Nigeria in the custody or under the control of another person in Nigeria, or such person is indebted to the defendant or respondent, then, in either case, the claimant may apply to the Court either at the time of the institution of the suit or at any time thereafter before final judgment, to call upon the defendant or respondent to furnish sufficient security to fulfill any decree that may be made against the defendant or respondent in the suit, and on failing to give the security, or pending the giving of such security, to direct that any property (movable or immovable) belonging to the defendant or respondent shall be attached until the further order of the Court.

2. Contents of application for Interim Attachment of Property.

—The application for attachment shall contain details of the property required to be attached, and the estimated value thereof so far as the claimant can reasonably ascertain, and the claimant shall, at the time of making the application declare that to the best of the claimant’s information and belief, the defendant or respondent is about to dispose of or remove the property with the intent stated in Rule 1 of this Order.

3. Order by Court.

—(1) Where the Court after making such investigation as it may consider necessary, is satisfied that the defendant or respondent is about to dispose of or remove the defendant or respondent’s property with intent to obstruct or delay the execution of the decree, the Court may order the defendant or respondent, within a time to be fixed by the Court, either to furnish security in such sum as may be specified in the order or to produce and place at the disposal of the Court when required, the said property, or the value of same or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why the defendant or respondent should not furnish security.

(2)Pending compliance by the defendant or respondent with the order, the Court may by warrant direct the attachment until further order, of the whole, or any portion, of the property specified in the application. Where

—(1) Where the defendant or respondent fails to show such cause, or Defendant or to furnish the required security within the time fixed by the Court, the Court Respondent may direct that the property specified in the application if not already attached, fails to show or such portion thereof as shall be sufficient to satisfy the decree, be attached cause or give until a further order is made. security Where

(2)Where the defendant or respondent shows such cause, or furnishes defendant the required security and the property specified in the application or any portion shows cause of it shall have been attached, the Court may order the attachment to be or gives withdrawn. security.

—The attachment shall not affect the rights of persons not parties to the Rights of Third Parties suit, and in the event of any claim being preferred to the property attached not to be before judgment, such claim shall be investigated in the manner prescribed for affected. the investigation of claims to property attached in execution of a decree.

—In all cases of attachment before judgment, the Court may at any time Removal of attachment remove the attachment, on the defendant or respondent furnishing security as where above required, together with security for the costs of the attachment, or upon Defendant or order for a non-suit or striking out the cause or matter. Respondent furnishes security. Appropriate

—(1) The application may be made to the Court in the Judicial Division Court to where the defendant or respondent resides or in case of urgency, where the take property proposed to be attached is situate and the Court may make such Proceedings. order as shall seem just. Transmission

(2)Where an order for the attachment of property is issued by a different of order to Court from that in which the suit is pending, that Court shall, at the request of appropriate either party, transmit the application and proceedings to the Court in which the Judicial suit is so pending, retaining the property in the meantime under attachment or Division. taking sufficient security for its value and the Court in which the suit is pending shall thereupon enquire into and proceed with hearing the application in accordance with the foregoing provisions, in such manner as may seem just. ORDER 21—URGENT RELIEF

—Where a party applies for urgent relief, such application must comply Application for urgent with the provisions of Order 3. relief. Application

—(1) The application for urgent relief must be accompanied by an to be affidavit which must contain— supported by Affidavit.

(a)the reasons for urgency and why urgent relief is necessary ;

(b)where the requirement of the rules were not complied with, the reasons for non-compliance, and

(c)the signature of the applicant ;

(2)The party applying for urgent relief shall forward an advance copy Party to forward of the party’s application to the respondent(s). advance copy to respondent.

—(1) Where an application for urgent relief has been filed, the Registrar President or Judge of the shall take the application before the President of the Court or a Judge of the Court to Court for fixing of the date and time and, for assignment to a Judge and assign Judicial Division for the hearing and determination of the application and shall hearing of serve the hearing notice on the Applicant and Respondent accordingly. application for urgent relief

(2)Where the matter is pending before a Judge of the Court, the Registrar Registrar to return shall take the application back to the Judge before whom the matter is pending. application to the Judge before whom the matter is pending.

—Where the respondent intends to oppose the application or to make Intention to oppose any representation on the application, the respondent or respondent’s counsel application. shall notify the registrar and the applicant of the intention to oppose the application within seven (7) days of service of same on the respondent.

—The respondent shall thereafter file a counter affidavit which shall Filing of counter-state the respondent’s reasons for opposing the application for urgent relief. affidavit to oppose application. Respondent

—Where a party has notified the Court of the party’s intention to oppose to appear to the application for urgent relief, the respondent may appear and be heard at oppose. the hearing.

—The Court may at any stage of the proceedings, on good cause shown, Court may allow allow any person who is cited as a party but failed to notify the Court as appearance required by provisions of rule 4 of this Order, to appear to be heard on whatever at any stage terms the Court may decide. of proceedings, etc. ORDER 22—INTERLOCUTORY INJUNCTIONS AND INTERIM PRESERVATION OF PROPERTY

1. Application for injunction.

—(1) Any application for the grant of an injunction may be made by a party to an action before, at or after the trial of the action, whether or not a claim for injunction was included in that party’s action.

(2)Where the applicant is the claimant and the case is for urgent relief, the application may be by motion ex-parte supported by an affidavit. Except as aforesaid, the application shall ordinarily be by motion on notice or summons.

(3)The claimant shall not make such an application before the issuance of the process by which the action is to be begun, except where the case is one of urgent relief. Where the case is for urgent relief, the injunction applied for may be granted on terms providing for the issuance of the process and service of the process together with the ex-parte order obtained on the defendant or respondent and such other terms as the Court thinks fit.

2. Order for detention, custody or preservation, etc of property.

—(1) On the application of any party to an action, the Court may make an order for the detention, custody or preservation of any property which is the subject matter of the action or as to which any question may arise, or for the inspection of any such property in the possession of a party to the action.

(2)For the purpose of enabling any order made under sub-rule (1) of this rule to be carried out, the Court may by an order authorize any person to enter upon any land or building in the possession of any party to the action.

(3)Where the right of any party to a specific fund is in dispute in an action, the Court may on the application of the party, order the fund to be paid into Court or be otherwise secured.

(4)An order under this rule may be made on such terms as the Court deems just.

(5)An application for an order under this rule shall be made by motion on notice.

(6)Unless the Court otherwise directs, an application by the defendant or respondent for such an order shall not be made before entering appearance.

3. Power of Court to order assessment or valuation.

—(1) Where the Court considers it necessary or expedient for the purpose of obtaining full information or evidence in any action, it may, on the application of a party and by order on such terms as it deems just, authorize or require any assessment or valuation to be taken or any enquiries to be made of the property which is the subject matter of the action.

(2)The Court may, on the application of any party, make an order for the sale by such person, in such manner and on such terms as may be specified in the order, of any property (other than land) which is the subject matter of the action or as to which any dispute or question arises therein and which is of a perishable nature or likely to deteriorate if kept or which for any other reason it is desirable to sell forthwith.

(3)For the purpose of enabling any order under sub-rule (1) of this Rule to be carried out, the Court may by order authorize any person to enter any land or building in the possession of any party.

(4)Sub-rules (5) and (6) of rule 2 of this Order shall apply in relation to an application for an order under this rule.

4. Order for early trial

—(1) Where on the hearing of an application made before trial in a cause or matter for an injunction, appointment of a public trustee or an order under rule 2 or 3 of this Order, it appears to the Court that the matter in dispute can be better dealt with expeditiously by an early trial than by considering the application on its merit, the Court may make such order accordingly.

(2)Where the Court makes an order for accelerated trial, it shall by the said order determine the place and mode of trial.

5. Recovery of personal property subject to lien, etc.

—Where the Claimant or the defendant by way of counter-claim, claims the recovery of specific property (other than land) and the party from whom recovery is sought does not dispute the title of the party making the claim but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court may order that the party seeking to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the security is claimed, or such further sum if any (of interests and costs) as the Court may direct; and that, upon such payment being made, the property claimed be given up to the party claiming it.

6. Allowance of income of property pendente lite.

—Where any real or personal property forms the subject matter of any proceedings, and the Court is satisfied, that the income from it will be more than sufficient to answer all the claims thereon for which provision ought to be made in the proceedings, the Court may order the whole or part of the income of the property to be paid, during such period as it may direct, to any or all of the parties who have an interest therein or may direct that any part of the personal property be transferred or delivered to any or all such parties. ORDER 23—RULES APPLICABLE TO GENERAL PROCEDURAL MATTERS

1. Application of the Rules of General Procedure.

—Where no provision is made in these Rules as to practice and procedure or where the provisions in these Rules are inadequate, with respect to any aspect of the procedure or proceedings, any party to the proceedings may apply for leave of the Court to apply the Rules of Procedure of any High Court in Nigeria that will in the opinion of the Court do substantial justice to the parties in the particular circumstance.

2. Party to refer the Court to rules of High Court.

—(1) Where a party prays the Court to invoke any of the powers or rules of a High Court in Nigeria, the party shall refer the Court to the specific power or rule of that High Court the party or the party’s counsel is praying the Court to adopt and invoke.

(2)Where the Court adopts the rule or power, it shall be only for purposes of the specific proceedings in which it was adopted.

Provided that the Court shall not be bound to adopt the rules of the High Court as requested by the party or party’s counsel.

Provided further that the Court shall consider the overall interest of justice, equity, convenience, or the peculiarity of the matter and be satisfied that it has not overreached any party or that such adoption will not lead to any miscarriage of justice or create any undue advantage.

3. Court may invoke Rules of a High Court.

—The Court may suo motu draw the attention of the parties in a suit before it to a particular rule or rules of a High Court in Nigeria, that it intends to adopt, invoke and apply and; which in the opinion of the Court will do substantial justice in the matter before it.

Provided that counsel to the parties are given the opportunity to address the Court on the suitability or otherwise of the Rules that the Court intends to apply.

4. Party to refer the Court to particular principle of International Best Practice. Practice Direction.

—Where a party to a suit prays the Court to apply any International Best Practice(s) or International Labour Standards in determining or doing justice in the matter before it, the party shall state the particular principle(s) and/or authority of International Best Practices or extant International Labour Standards the party is praying the Court to apply.

—The President of the Court may issue a Practice Direction from time to time to regulate any aspect of the procedure and or proceedings of the Court as the situation may require. ORDER 24—REFERENCE TO THE ALTERNATIVE DISPUTE RESOLUTION CENTRE

1. Reference of matter to ADR Centre.

—The President of the Court or a Judge of the Court may refer for amicable settlement through conciliation or mediation any matter filed in any of the Registries of the Court to the Alternative Dispute Resolution Centre (hereinafter referred to as the Centre) established within the Court premises pursuant to Section 254C (3) of the 1999 Constitution (as amended by the Third Alteration Act, 2010) and Article 4(5)(a)–(e) of the Instrument of the Alternative Dispute Resolution Centre.

2. Handling of referred matter.

—Upon receipt of the referral, the Registrar of the Centre shall set the matter down for mediation or conciliation in accordance with the ADR Rules.

3. Time limit for conclusion of matter at the Centre.

—The Centre shall endeavour to take all necessary steps to conclude the mediation or conciliation process with respect to matters referred to it within twenty-one (21) working days of the date the process commences.

Provided that an extension of ten (10) working days may be granted by the President of the Court or a Judge of the Court on request, if the mediation or conciliation process(es) is/are not completed within twenty-one (21) working days.

4. Submission of Report of Mediation or Conciliation sessions.

—(1) At the end of the mediation or conciliation sessions, where parties agree to an amicable settlement, the Centre shall submit a Report of the process accompanied with the Record of the resolution sessions and Terms of Settlement, to the President of the Court or the Judge who made the referral, and Certified True Copies (CTC) thereof shall be made available to the parties or their counsel, if any.

(2)A report of any matter referred to the Centre by the President of the Court or a Judge of the Court which has been amicably resolved shall be submitted to the President of the Court or the Judge of the Court who made the referral, to be entered as the Judgment of the Court.

—(1) Upon receipt of the report of an amicable settlement of a matter from the Centre, the Court shall cause hearing notices to be issued and served on the parties and their counsel, if any, for the adoption of the settlement agreement as the Judgment of the Court.

(2)The hearing notice shall indicate the date and time fixed for the adoption of amicable Terms of Settlement, as the Judgment of the Court.

6. Variation and adoption of varied settlement report. Execution of altered Terms of Settlement.

—(1) The report of an amicably resolved matter may be varied by consent of the parties to the mediation or conciliation session(s). The Report herein referred to includes the proceedings at sessions and the Terms of Settlement.

(2)Where parties to a matter in respect of which a Report of resolution session(s) is before the Court, and the Terms of Settlement have been executed and signed by the parties and their counsel, if any, and the parties intend to alter the Terms of Settlement by consent, the Court shall adopt the varied Terms of Settlement as the Judgment of the Court :

Provided all the parties and their counsel, if any, execute the varied Terms of Settlement as provided in the Rules of the Court.

7. Report of unresolved matter.

—(1) Where parties to any mediation or conciliation process are unable to settle their dispute amicably, the Director of the Centre shall submit a report to that effect to the President of the Court or the Judge of the Court who made the referral without the record of the mediation or conciliation session(s).

(2)Where the matter was not resolved by the Centre, the matter shall be remitted to the President of the Court or the Judge who referred the matter within five (5) working days, to be set down for adjudication in accordance with the Rules of the Court.

8. Unresolved matter to be set down for hearing.

—Where parties are unable to settle their disputes through the mediation or conciliation process, the Court may set the matter down for hearing and determination on its merits, and the procedure laid down for trial of cases under the Rules of Court shall be followed for the determination of the matter.

9. Appointment of neutral.

—In a matter before the Court, parties may by consent move the Court to appoint a neutral mediator or conciliator for amicable resolution of their matter.

Provided the neutral shall comply with the rules of the Centre in the resolution of matters referred to the neutral.

10. Joinder of a fresh party to matter before the ADR Centre.

—Notwithstanding the provisions of Order 3 Rule 4 of the ADR Centre Rules 2015 , where a matter is referred to the ADR Centre by a Judge of the Court presiding over such a matter, and during the pendency of the mediation and conciliation process at the Centre, a fresh party seeks to be joined or is sought to be joined as a party to the matter, the Director of the ADR Centre shall seek the approval of the President of the Court to allow such a party to be joined in the mediation and conciliation process.

Provided that the President of the Court shall communicate the development and the approval given to the Director of the ADR Centre to join such a party to the Judge of the Court who made the referral.

11. How party may apply for joinder after remittance back to Judge.

—Where a party who sought to be joined or who is to be joined in a matter at mediation or conciliation process of the ADR Centre in line with the provisions of rule 10 of this Order, and the matter could not be resolved by the Centre and the matter is remitted back to the Court, the party who is seeking or being sought to be joined as a party shall file an application for joinder in accordance with the appropriate rules of this Court.

12. Officer of Court maybe a Neutral.

—An Officer of the Court or any person with the qualification or professional experience relevant to the subject matter of the dispute may be appointed or assigned by the Court as a Neutral.

13. Director to submit report to President of Court.

—The Director of the Centre shall submit a monthly report of the activities of the Centre to the President of the Court. ORDER 25—CASES TO BE PLACED ON FAST-TRACK

1. Qualification for Fast – track procedure.

—The following cases shall qualify to be placed on Fast-Track ;

(1)Cases concerning or relating to—

(a)a strike or industrial action or lock-outs ; or

(b)any other form of industrial action that threatens the peace, stability and economy of the country or any part thereof ;

(2)a declaration of trade dispute by essential services providers ;

(3)a trade dispute directly referred to the Court by the Minister of Labour and Productivity under Section 17 of the Trade Disputes Act, Cap T8, LFN 2004.

(4)any matter relating to the outstanding salary, pensions, gratuity, claims, allowances, benefits or any other entitlements of a deceased employee ;

(5)any other matter which the President of the Court may suo motu or on application of either of the parties to a suit direct to be placed on fast-track in the overall interest of the peace, stability and the economy of the Federation or any part thereof and of the larger society.

2. Fast track matter to be on Cause list.

—When a matter is ordered to be placed on fast track, the Court may accord such a matter priority by way of listing same on the Cause List for speedy trial. A.—Identification Mark and Speedy Processing

3. Registrar to mark originating process which Qualifies for Fast Track.

—Where a case satisfies any of the criteria in Rule 1 above, the Registrar shall cause the Originating Processes to be marked “QUALIFIED FOR FAST TRACK”. Originating

—The Registrar shall serve the Defendant(s) or Respondent(s) the process for originating processes along with notice that the case has been placed on the fast track to fast-track and that the party served is required to file the party’s response to be served on the originating processes within the time stipulated in the Rules. parties. Claimant or

—The Claimant or Appellant shall similarly be given notice that the case Appellant to has been placed on the fast-track and that the party so notified is required to be on Notice file any Reply process within the time stipulated in the Rules. of placement of case for fast track. Defence

—The Defendant(s) or Respondent(s) shall file the Defence processes process to as stipulated in the Rules not later than fourteen (14) days from the date of be filed not service of the originating processes and the Claimant or Appellant shall file later than 14 any Reply to the Defence not later than seven (7) days from the date of days and the service of the Defendant(s)/Respondent(s) processes. Reply not later than 7 days.

—(1) The Registrar shall refer any case which qualifies to be placed Registrar to refer FAST on the fast-track as soon as practicable to the President of the Court for TRACK assignment to a Judge or a panel of Judges. matters to President

(2)Where the originating process(es) in respect of a case on the fast of Court. track is (are) with an urgent interlocutory application, the file shall immediately be referred to the President of the Court who shall assign the case to a Judge or a Panel of Judges to handle the urgent interlocutory application pending the exchange of pleadings and/or briefs by the parties as stipulated in these Rules. Timely

—The Judge or the Panel of Judges to whom a fast-track case with hearing of urgent interlocutory application is assigned shall within five (5) days or so urgent soon thereafter but not later than ten (10) days, set down any such urgent interlocutory pending application to be disposed of timeously, and direct hearing notices to application be issued to the parties accordingly. in fast track cases.

—The trial Judge or the Panel of Judges shall set the case down for Case to be set down for hearing as soon as addresses have been settled and the Court shall order that hearing as hearing notices be issued and served on all the parties. soon as possible. Notice for

—Every party or Counsel to the party shall be required to file a Notice direction. indicating : Forms 17 and 18 Party or

(1)if the party intends to file and move any or further interlocutory counsel to application before the commencement of trial, the nature of the application express and whether such application has already been filed ; intention to proceed.

(2)if the party intends to object to the admissibility of any of the documents listed and front-loaded to be relied upon at the trial by the opposing party, and the list of such documents to which objection will be taken and the ground(s) for the objection.

(3)if there is any issue raised by the opposing party which the first party does not intend to contest.

(4)the party’s proposal for the speedy trial and determination of the case, including a possible timetable for the trial. Court to

—The Court shall consider the proposals by the parties or their Counsel consider and give directions for trial including a case management time table which it proposal of considers suitable, and the parties shall be bound by such directions parties or counsel and give direction. B.—Variation of Direction Court may

—(1) Where there has been a change of circumstances since trial suo motu on directions were issued, the Court may suo motu or an application of any of the application parties, vary any of the directions given by the Court. set aside or vary any of the directions issued. Parties to

(2)Where the parties agree on changes to be made to the trial directions apply for given, they must immediately apply for an order by consent, including an agreed order for statement of the reasons why the variation is sought. changes to trial directions.

(3)Where the Court varies any direction because of a defaulting party Court may impose cost or counsel to the party, it may impose costs and daily default fees as prescribed on variation in the Rules ; or as may be deemed fit by the Court. of trial directions.

(4)The Court may on default of a party make an order of variation Order of variation without a hearing. without hearing. C.—Enforcement of Compliance with Directions Application

—(1) Where a party has failed to comply with a Court direction, any by a party other party may apply for an Order to enforce compliance or for a sanction to for order to be imposed or both. enforce compliance or sanction or both. Non-

(2)Failure to comply with Court directions will not lead to the compliance postponement of the trial unless the circumstances of the failure are not to lead exceptional. to postpone-ment of trial. D.—Conduct of Proceedings To be Made and Heard Timeously

—(1) Where a party needs to make any application which is not Application to change the included in the trial time table, the party must do so as soon as possible so as trial time to reduce the frequency of alterations to the time table. table. Court to

(2)The Court shall take all necessary steps to ensure that applications attend and other hearings are listed and attended to promptly to avoid delay in the promptly to conduct of cases in the Fast Track. application in a Fast Track. E.—Trial to Proceed from Day to Day Trials to be

—Unless the Court otherwise directs, the trial shall be conducted from conducted day to day and in accordance with any order previously made by the court. from day to day.

—(1) The Court shall allow the postponement of a trial only as a last resort. Postponement of trial is order of last resort. Adjournment

(2)Where the Court has no option but to adjourn the trial, it will do so for to be within the shortest possible time, and as it deems just and fair. shortest possible time. F.—Trial and Addresses

—(1) When the party beginning has concluded evidence, the Court Court to ask other party shall inquire whether the other party intends to call any witness. if intending to call any witness

(2)If the other party does not intend to call any witness, the party beginning Beginning party to file shall within seven (7) days after close of evidence file a Written Address ; written address within 7 working days. Other party

(3)Upon being served with the Written Address, the other party shall to file within 7 days file a Written address. written address within 7 working days. Other party

(4)Where the other party calls any witness that other party shall within to file seven (7) days after the close of evidence file a Written Address. written address after calling witness.

(5)Upon being served with the other party’s written address the party Beginning party to beginning shall within seven (7) days file as response a Written Address. respond to other party’s written address after 7 working days. Response to

(6)The party who files the first Written Address shall have a right of be on point reply on points of law only. The reply shall be filed not later than five (5) days of law only after service of the other party’s Written Address on the first party. within 5 working days only. G.—Cases commenced under Order 3 Rules 8 and 9

—(1) Rules 8 to 15 of this Order shall apply to cases commenced by Cases commenced Complaint under Order 3, Rules 8 and 9 of these Rules where pleadings and by frontloaded processes are filed and exchanged; but shall not apply to complaints complaints against decisions of Arbitral Tribunals, a Board or Commission of Inquiry or under Order of the Registrar of Trade Unions and other similar decisions, commenced 3 Rules 8 and 9. under Order 3 Rule 16; or to cases commenced by originating summons for the construction of the Constitution, enactments, contracts or any other written instrument commenced under Order 3 Rule 17 (1) of these Rules.

(2)When cases commenced under Order 3 Rule 16 (1) and (2) are Judge or Panel to set placed on the fast track, the Judge or the Panel of Judges to whom such cases Fast Track are assigned shall set down the cases for direction in order to ascertain that case down any pending interlocutory application has been disposed of and that parties or for direction. their Counsel have filed and exchanged Briefs ofArgument or Written Addresses as provided in these Rules. Court to

(3)Once the Court is satisfied that the requirements of the provisions of request rule 17 sub-rules (1)-(6) of this Order have been complied with, it shall proceed parties to to take arguments by asking the parties or their Counsel to adopt the Briefs of adopt Briefs Argument or Written Addresses already filed and served, or if the exigency of of Argument the court’s business does not permit, fix the shortest possible date being not or Written Addresses more than 30 days thereafter for taking argument of parties or their Counsel on the Briefs. H.—Delivery of Judgment

19. Judgment of FAST TRACK cases to be delivered quickly.

—In all Fast Track cases, the Judge or the panel of Judges shall endeavour to deliver judgment as quickly as practicable after completion of trial or adoption of written addresses. ORDER 26—AMENDMENT

1. When amendment may be allowed.

—(1)An amendment may be allowed where its purpose is to determine the real question or issue between parties and would—

(a)secure substantial justice ; or

(b)settle the controversy between parties and related issues.

(2)An amendment may be refused where it would—

(a)present a completely different case, or cause injustice to the other party or where the application for amendment is brought mala fide ;

(b)necessitate the hearing of further evidence especially on appeal ;

(c)not cure the defects in the procedure sought to be cured or where it is inconsistent and useless ;

(d)amount to over-reaching the other party or an abuse of court process.

2. Limit to amendment of process before trial.

—A party may at any time but not more than twice with leave of Court alter, amend or modify the party’s Originating and/or other processes.

Provided that the party may not completely change the cause of action endorsed on the process.

3. Court may allow amendment of defect or error in any proceedings.

—The Court may at any time, and on such terms as to cost or otherwise as the Court or Judge may think just, allow a party to amend any defect or error in any process, and all necessary amendments shall be made for the purpose of determining the real questions or issues in controversy raised by or arising from the proceedings.

4. Application for amendment to be supported by affidavit. Documents to accompany amended originating process.

—An application for leave to amend may be made to the Court at the trial and such application shall be supported by an affidavit with the proposed amendment marked and attached as an exhibit and may be allowed upon such terms as to cost or otherwise as may be just.

—Where any Originating Process and/or a pleading is to be amended, a list of any additional witness(es) proposed or intended to be called together with such witness’s written statement on oath (and or a further written statement on oath of an existing witness) as well as a copy of any additional document to be relied upon, shall be filed with the application.

—If a party who has obtained an Order to amend a process does not Time limit for amend same within the time allowed for that purpose by the Order, or if no amendment time limit is fixed , and the party fails or neglects or is unwilling to amend as and penalty ordered within fourteen (14) days of the date of the Order, such party shall for default. pay a penalty of N200.00 (Two Hundred Naira) for each day of default for the first fourteen days (14) in default, and thereafter the penalty shall be N300.00 per day.

—Whenever any Originating Process or Pleading is amended, a copy of Filing of amended the process or pleading as amended shall be filed in the Registry of the Court process and and advance copies of same shall be forwarded to all the parties to the action. forward advance copy.

—Whenever any Indorsement or Pleading is amended, it shall be marked Marking amended in the following manner : process.

“Amended….………….day of……………..………pursuant to Order of ………………. (Name of the Judge) dated the……………….……day of …………………………..…”

—A Judge may at any time amend any defect or error in any proceedings. Judge may amend defect or error in proceedings.

—A Judge may at any time correct any grammatical or typographical Correction of mistakes mistakes in the Judge’s Judgments, Rulings or Orders or any accidental slip or in Judgment omissions contained therein. or in process. Party may

—Any of the parties may apply to the Court for the correction of any apply for mistakes or errors or any accidental slip or omission in a Judgment, Ruling, correction of Order or any process made or issued by the Court. error or mistake. ORDER 27—APPLICATION FOR ACCOUNT

—Where in an originating process a claimant seeks an account or where Order for Account. the claim involves the taking of 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 may, on application make an order for the taking of proper accounts, with all necessary inquiries and directions.

—An application for account shall be supported by an affidavit stating Procedure for an concisely the grounds of the claim. The application may be made at any time application after the time prescribed for defence. for account. Account

—Where an order is made for account under this Order, the account may be may be taken by the Court or a Referee appointed by the Court. taken by the Court or a Referee. ORDER 28—ASSESSOR AND EXPERT WITNESSES Responsibility

—Where an Assessor sits with the Court during a trial, such Assessor of Assessor shall only give opinion to or advise the Court on the issue for which the Assessor sitting with is appointed. the Court,

—The Assessor shall subscribe to the judicial oath of secrecy before the Assessor to take Oath President of the Court or a Judge of the Court before assuming duty. of Secrecy.

—The Assessor shall not deliver any opinion in form of judgment or Assessor not to write order and shall not dissent or concur with the judgment or order which the Judgment. Court has given. Assessor

—An Assessor shall in advising the Court limit such service to the issue to advise on which the assessor is an expert. on issue as an expert.

—The Court is not bound to accept or act on the opinion or advice of the Court not bound to Assessor. accept Assessor’s Opinion or Advice.

Run your practice on Lawdex: matters, diary, tasks and this reference in one place.

Start free