Delta State High Court (Civil Procedure) Rules, 2009

1. Application

(1) These Rules shall apply to all proceedings commenced after the coming into effect of these Rules. All part-heard matters may continue to be heard under these Rules where they can conveniently be applied.

(2) Objective of rule Application and interpretation of these Rules shall be within the set objectives for making these Rules namely: To enable the Court with the assistance of the parties to deal with cases fairly and justly to achieve substantial justice. Dealing with cases include:

(a) Speedy trials

(b) Ensuring that litigants are on equal footing

(c) Reducing the overall cost of litigation.

(d) Dealing with cases in ways that are proportionate to the complexity of the issues and the resources of the parties.

(e) Using the Court's competence effectively.

2. Interpretation of terms

In the construction of these Rules, unless there is anything in the subject or context repugnant thereto, the several words aforementioned or referred to shall have or include the following meanings:

"Action" means any suit filed in the registry of the court in accordance with the provisions of these rules;

"Claimant' shall include a claimant in a counter-claim as well as claimant in the main claim;

"Court" means the High Court of Delta State;

"Court Processes or Court process" include applications, affidavit, valuation reports, sketches, litigation plans, writ of summons, originating summons, originating process, notices, petitions, pleadings, order, motions, summons, warrants and all documents of which service is required in the course of proceedings;

"Decision" means any decision of court and includes judgment, ruling, decree, order, award, conviction, sentence or recommendation;

"Defendant" shall include a Defendant to a counter claim;