ORDER 1
Application and Interpretation
Rule 1. Application
(1) These Rules shall apply to all causes and matters filed before or after the commencement of these rules but are yet to proceed to trial.
Rule 2. Interpretation of terms
(1) These Rules shall be interpreted in accordance with any Interpretation Law for the time being in force in Ekiti State.
(2) Where in these Rules depositions and Affidavits are required to be made, it shall be made in English Language provided that where the deponent does not understand English Language such document shall contain an illiterate Jurat.
(3) The application of these rules shall be directed towards the achievement of a just, efficient and speedy dispensation of justice.
(4) In the construction of these Rules, unless there is anything in the subject or context contrary thereto, the several words hereinafter mentioned or referred to shall have or include the following meanings:
"Claimant" shall include a claimant in a counter claim;
"Court" means the High Court of Ekiti State;
"Court Process" or "Process" includes writ of summons, originating summons, originating process, notices, petitions, pleadings, orders, motions, summons, warrants and all documents or written communication of which service is required;
"Decision" means any decision of a Court and includes judgment, ruling, decree, order, conviction, sentence or recommendation;
"Defendant" shall include defendant to a counterclaim;
"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 to institute or defend an action on behalf of any person under legal disability;
"Law" means the High Court Law for the time being in force in Ekiti State;
"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;
"Probate action" means an action for the grant of probate of the will, or letters of administration of the estate of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non-contentious or common form probate business;
"Registrar" means the Officer of the Court holding the post Chief Registrar and includes any subordinate officer acting under his instruction;
"Registry" means the Registry of the High Court of Ekiti State in the appropriate judicial division;
"Taxing Officer" means the Chief Registrar or such other officer of the Court as the Chief Judge may appoint to tax costs.
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