Abia State High Court (Practice and Procedure) Rules, 2021

Application and Interpretation

1. The Abia State High Court (Practice and Procedure) Rules, 2014 Application and which came into force on the 24th day of July, 2014 is hereby repealed. Interpretation.

2. These Rules may be cited as the Abia State High Court (Practice and Procedure) Rules, 2021 and shall come into force on the 1st day of December, 2021.

3. The Fundamental Objectives of these Rules include:a. the just and expeditious disposition of cases.b. facilitating the integration of Alternative Dispute Resolution (ADR), with adjudicatory mechanisms to expand and provide easier and fairer access to justice for all parties.

4. a. Except as otherwise stipulated hereafter, these Rules shall not apply to any cause or matter that is part-heard on the date when these rules come into operation.b. Where an action is filed and no further step is taken other than the filing, other subsequent procedure shall be under these rules.c. In all other cases where causes or matters are pending, the Court shall give such directions as may be necessary or expedient to ensure conformity with requirements of these Rules.d. The Chief Judge may, at any time, give Practice Directions generally or in respect of a particular case, for carrying out any of the provisions in these Rules.e. Except where the context otherwise requires, any reference in theseRules to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

5. In these Rules, unless the context otherwise requires:"Alternative Dispute Resolution (ADR)" includes Arbitration, Mediation and Conciliation;"Attorney - General" means the Attorney-General of Abia State;"Cause" includes any action, suit or other originating proceedingsbetween a Claimant and a Defendant and any criminal proceedingsA"Chief Judge" means the Chief Judge of Abia State;"Claimant" includes a Counter- Claimant in a Counter- Claim;"Court" means High Court of Abia State;"Court Process" or" Process" includes writ of summons, originating summons, originating motions, originating process, notices, petitions, pleadings, orders, motions, summons, warrants and all documents or written communication of which service of such document is required."Decision" means any determination of a Court and includes judgment, ruling, decree, order, conviction or sentence;"Defendant" includes a Defendant to a Counter- Claim;"Guardian" means any person who has for the time being, the charge of or control over a person under legal disability and includes a person appointed to institute or defend an action on behalf of any such person under legal disability;"Judicial Divisions" mean the Divisions into which the State has been divided for the convenient disposition of actions pursuant to the provisions of section 41 of the High Court Law (Cap 96), or the equivalent section of any succeeding High Court Law;"Law" means the High Court Law (Cap 96), Laws of Abia State of Nigeria, 2005 or any re-enactment thereof;"Legal Practitioner" means a Legal Practitioner or counsel within the meaning of the Legal Practitioners' Act;"Minor" means a person who has not attained the age of 18 years;"Originating Process" means any court process by which a suit is initiated;"Person Under Legal Disability" means persons who lack capacity to institute or defend any proceedings by reason of age, insanity, unsoundness of mind or otherwise;"Pleading” includes statement of claim and statement of defence."Probate Action" includes an action for the grant or revocation of Abia State High Court (Practice And Procedure)probate (with or without Will) of the estate of a deceased person, or for a decree pronouncing for or against the validity of a Will;"Referee" means any person who has been appointed by the court to determine any matter or question or issue of fact in a suit;"Registrar" means the Chief Registrar, Deputy Chief Registrar(s), Assistant Chief Registrar(s), Principal Registrar(s), Senior Registrar(s), Higher Registrar(s), or any other officer acting or performing the functions of a Registrar;"Proceedings" include pre-trial proceedings;"Registry" means the Registry of the High Court of Abia State in the appropriate Judicial Division;"Return Date" means the day endorsed on a court process for the appearance of the parties before the Court or any other day the Court may appoint or direct;"Solicitor" means a Legal Practitioner;"State" means Abia State of Nigeria;"Suit" includes an action in court; and"Taxing Officer" means the Chief Registrar or such other officer of the court as the Chief Judge may appoint to tax (i.e. assess) cost.