Imo State High Court (Civil Procedure) Rules, 2017

1.

(1) These Rules may be cited as the High Court of Imo State (Civil Procedure) Rules 2017.

(2) These Rules shall apply to all civil proceedings in the High Court of Imo State including all pending part-heard causes and matters, before these Rules came into force in respect of further steps to be taken in such causes or matters.

(3) Where a matter arises in respect of which 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.

Interpretation of terms

2.

(1) Where in these Rules depositions and affidavits are required to be made, if the deponent does not understand English Language such deposition or affidavit shall be made in language he understands and shall be accompanied by interpretation thereof in English language.:

(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:

"Court" means the High Court of Imo 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 made in respect of a cause or matter;

"Decision" means any determination of the Court and includes judgment, ruling, decree, order, conviction, sentence or recommendation;

"Defendant" shall include a Defendant to a Counter-Claim;

" 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 appointed to institute or defend an action on behalf of any person under legal disability;

"Law" means the High Court Law, Cap 61 Laws of Eastern Nigeria, 1963 as applicable in Imo State or any re-enactment thereof;