Gombe State High Court (Civil Procedure)

1. Subject to the provisions of any Act, civil proceedings may be begun by writ, originating summons, originating motion or petition, as hereinafter provided.

2. - (1) Subject to any provision of an Act or of these rules by virtue of which any proceedings are expressly required to be begun otherwise than by writ, the following proceeding shall be begun by writ, that it to say proceedings:-

(a) in which a claim is made by a plaintiff for any relief or remedy for any tort or other civil wrong;

(b) n which a claim made by the plaintiff is based on an allegation of fraud;

(c) in which a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a law or independently of any contract of any such provision) or where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property;

(d) in which a claim is made by the plaintiff in respect of the infringement of a patent, trade mark, copyright, intellectual or any other proprietory interest of whatever kind;

(e) in which a claim for a declaration is made by an interested person.

(2) Proceedings may be begun by originating summons where:-

(a) the sole or principal question at issue is, or is likely to be, one of the construction of a written law or of any instrument made under any written law, or of any deed, will, contract or other document or some other question of law; or

(b) there is likely to be any substantial dispute of fact.

(3) Proceedings may be commenced by originating motion or petition where by these rules or under any written law the proceedings in question are required or authorized to be so begun, but not otherwise.