Federal High Court (Civil Procedure) Rules, 2019

Revocation of Civil Procedure Rules 2009

1. The Federal High Court (Civil Procedure) Rules 2009 is hereby revoked.

Citation

2. These Rules may be cited as the Federal High Court (Civil Procedure) Rules 2019.

Savings: Part-Heard Matters.

3. (1) These Rules shall not apply to any cause or matter part- heard on the date when these Rules comes into operation.(2) Where an action is filed and no further step is taken other than the filing, other subsequent procedure shall be under this rule.(3) In any other cases where cause or matters are pending, the court shall give such directions as maybe necessary or expedient to ensure conformity with requirements of these Rules.(4) The Chief Judge may give practice directions, generally or in respect of a particular case, for carrying out any of the rules in these Rules.(5) 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, extended or applied by or under any other enactment.

Objectives

4. The objective of these Rules is for the just and expeditious disposition of cases.

Interpretation.

5. In these Rules –"Act" means the Federal High Court Act;"Attorney-General" means the Attorney-General of the federation;"Chief Judge" means the Chief Judge of the Federal High Court;"Concurrent Writ" has the same meaning as provided in Order 3 Rules 19 and 20 of these Rules;"Court" means the Federal High Court;"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 is required;"Defendant" includes a defendant to a counter claim;“E-Filing” means filing of a cause or matter electronically in accordance with these Rules;"Judge" means judge of the Federal High Court;"Legal Practitioner" means a Law Officer, a State Counsel or a Legal Practitioner entitled to practice before the court;"Originating Process" means any court process by which a suit is initiated;"Plaintiff'" includes a Claimant in a counter-claim;"Pleading", does not include a petition, summons or preliminary act;"Process Server" includes Sheriff. Deputy Sheriff. Bailiff, Special Marshal and any other persons appointed to serve a Court processes;"Registrar" means the Chief Registrar, Deputy Chief Registrar(s), Assistant Chief Registrar, Principal Registrar, Senior Registrar, Registrar, or any other officer acting or performing the functions of a Registrar"Registry" means the registry of the Federal High Court in Lagos or other Divisions;"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 and in the case of order 12 of these Rules where a writ is marked; and"Undefended List" means the day fixed for hearing.