Ogun State High Court (Civil Procedure) Rules, 2024

Application

1. These Rules shall apply to all causes and matters filed before or after the commencement of these Rules but are yet to proceed to trial.

Interpretation of terms

2. (1) These Rules shall be interpreted in accordance with the Interpretation of Law, Laws of Ogun State 2006, and any re-enactment or terms amendment thereto.

(2) Where in these Rules dispositions and affidavits are required, it shall be made in English Language provided that where the deponent does not understand English Language such document shall contain an illiterate jurat.

(3) In the construction of these Rules, unless there is anything in the subject or context contrary thereto, the several words hereinafter mentioned or referred to shall have or include the following meanings:

"Claimant" shall include a Claimant in a counterclaim;

"Court" means the High Court of Ogun State;

"Court Process" or "Process" includes a Writ of Summons, Originating Summons, originating process, Notices, Petitions, Pleadings, Orders, Motions, Summons, warrants, and all documents or written communication of service is required;

"Decisions" means any decision of a Court and includes judgment, ruling, decree, order, conviction, sentence, or recommendation;

"Defendants" shall include the Defendant in a counterclaim;

"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 Laws of Ogun State 2006 or any re-enactment thereof;

"Minor" means a person who has not attained the age of 18 years;

"Originating Process" means any Court process by which a suit is initiated;

"Persons Under Legal Disability" means persons who lack the capacity to institute or defend any proceedings by reasons of age, insanity, unsoundness of mind, or otherwise;

"Probate action" means an action for the grant of probate of the will or letters of administration of the estate of a deceased person or of 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.