Kano State High Court (Civil Procedure), 2014

1.

(1) These Rules may be cited as the Kano Court State High Rules 2014. (2) The provisions contained in these Rules shall be the rules of procedure to be followed in the High Court of Justice of the State with effect from 1st day of September, 2014

Where no Rules Exist

2.

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

Saving

3.

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

Construction of Reference to Law, Rules etc (2) 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 modified by or under any other enactment.

Application

4.

(1) These Rules shall apply to all proceedings including all part - heard causes and matters in respect of steps to be further taken such causes and matters. (2) Application of these Rules shall be directed towards the achievement of a just,efficient and speedy dispensation of justice

Interpretation

5.

(1) These Rules shall be interpreted in accordance with the interpretation Law or any modification or re-enactment thereof. (2) In these Rules, unless the context otherwise requires:- "Chief -Judge" means the Chief Judge of the State; "Court" means the High Court of Justice of Kano State of Nigeria; "Court process" or "Processes" shall include writ of summons, originating summons, notices, petitions, pleadings, orders, motions, summons, warrants and all documents or written communication of which service is required; "Decision" means any decision of a court and includes judgment, ruling, decree, order, conviction, sentence or recommendation; "Defendant" shall include a defendant to a counter - claim; "Governor" means the Governor of Kano State; "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; "Judge" means the Judge of the Court; "Law" means the High Court Law, Cap 57, Laws of the Kano State of Nigeria 1991 or any modification or re -enactment thereof; "Minor" means a person who has not attained the age of 18years; "Originating Process" means any court process by which a suit is initiated; . "Person under legal disability" means any person who lacks capacity to institute or defend any proceedings by reason of age, unsoundness of mind or otherwise; "Plaintiff" shall include a plaintiff in a counter - claim; "Probate action" means an action for the grant of probate of a Will or letters of administration of the estate of a deceased person or for the revocation of such a grant, or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non - contentious or common form Probate business"; "Registrar" means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, Principal Registrar, Senior Registrar, Higher Registrar any other officer acting or performing the functions of a Registrar; "Registry" means the Registry of the High Court of Kano state in the appropriate Judicial Division; "State" means Kano State of Nigeria; "Taxing officer" means the Chief Registrar or such other Officer of the court as the Chief Judge may appoint to tax cost: