Enugu State High Court (Civil Procedure) Rules – 2006

1. (1) Subject to any other Laws or Rules specifically made to govern certain proceedings, these Rules shall apply to all proceedings before the court including those commenced before the coming into effect of these rules; provided that in the case of proceedings commenced before the coming into force of these rules and which are part-heard, the proceedings shall be conducted and determined in accordance with the Procedural Rules in force in the court immediately before the commencement of these Rules.

(2) Subject to the proviso to sub-rule 1 of this rule, the High Court (Civil Procedure) Rules of Enugu State 2004, shall cease to have effect at the commencement of these Rules.

(3) In respect of actions already pending as at the commencement of these rules, but which are not part-heard, a Judge may make order(s), requiring any party, to file such further processes and or take such further steps as may be necessary to bring the proceedings in substantial conformity with these Rules.

(4) Application of these Rules shall be directed towards the achievement of a just efficient and speedy dispensation of justice.

2. (1) Words or expression not mentioned under this rule or not defined elsewhere in these rules, shall have the meaning assigned to them under the definition section of the High Court Law of Enugu State 2004 (Cap 92), failing which, the word or expression shall have the meaning assigned to it under the Interpretation Law of Enugu State (Cap 98), and in default, the meaning generally assigned to it in Law.

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

"Action" means every legal proceeding in the court;

"Cause" means a civil action in original proceedings;

"Civil Proceedings" means an action other than a criminal proceeding;