Magistrate's Court (Civil Procedure) Rules

1. Citation

These rules may be cited as the Magistrates' Courts (Civil Procedure) Rules.

2. Interpretation

In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them-

"address for service"‖ means the address of a place where any document may be left for, or sent by post to, the party giving the address;

"Lagos"‖ means the Lagos State;

"magistrate's court"‖ or "court"‖ means a magistrate's court established by the Magistrate's Courts Law;

"process"‖ includes any summons to appear and answer a claim, any order made by the court and any other document or notice required, for any purpose connected with the court, to be served on any person;

"registry"‖ means the court office occupied by the registrar and other officers of the court.

[Order 2.]

1. Action that may be commenced in Lagos

(1) Except where by any Law or rule it is otherwise provided, an action may be commenced by plaint in a magistrate's court-

(a) if the defendant or one of the defendants resides or carries on business in Lagos; or

(b) subject to the succeeding paragraph of this rule, if the cause of action arose wholly or in part in Lagos.

(2) Where the plaintiff sues as assignee of a debt or other thing in action, the action may be commenced in Lagos if the assignor might have commenced it in Lagos but for the assignment.

2. Originating applications that may be commenced in Lagos

Subject to any Law or rule, an originating application may be commenced in the magistrate's court-