Imo State High Court (Civil Procedure) Rules, 2008

IMO STATE HIGH COURT (CIVIL PROCEDURE) RULES, 2008

Under and by virtue of the powers conferred by Section 274 of the Constitution of the Federal Republic of Nigeria, 1999 and all other Powers enabling him in that behalf, the Chief Judge of Imo State of Nigeria makes the following Rules;

1. (1) The provisions contained in the rules set out in the schedule and hereinafter called 'the Rules, shall be the rules of civil procedure to be followed in the High Court of Imo State.

(2) The Rules may be cited as the Imo State High Court. (Civil Procedure) Rules, 2008

2. Where a matter arises in respect of which no provisions or no adequate provisions are made in the Rules, the Court shall adopt such procedure as will, in its view do substantial justice between the parties concerned.

3. (1) Any reference in the Rules to anything done under the Rules includes a reference to anything done before the commencement of the Rules under any corresponding law or rule of Court ceasing to have effect on the commencement of the Rules.

(2) Except where the context otherwise requires, any reference in the rules to any enactment shall be construed as a reference to that enactment as amended.

4. The Forms in the Appendix to the schedule shall be used where applicable with such variations as the circumstances of the particular case require.

5. In the Rules of the High Court, unless the context otherwise requires -

"the Court" means the High Court of Imo State of Nigeria ;

"convention country" means a foreign country with whom Nigeria shares Legal commitments on a matter ;

"return date" means the day endorsed on a Writ for the first appearance of the parties before a Court or any other day as the Court may appoint, and in the case of Order 11 where a writ is marked

"Undefended List" , it is the day fixed for hearing.

6. The Rules may be cited as the Imo State High Court (Civil Procedure) Rules 2008 and shall come into force on the 1st of December 2008.

DATED THIS..1st..... DAY OF......December......2008..

PAUL C. ONUMAJULU

CHIEF JUDGE

IMO STATE HIGH COURT OF IMO STATE CIVIL PROCEDURE RULES

CONTENT

ORDER 1

APPLICATION AND INTERPRETATION

RULE: Pages

1. Application

2. Interpretation