Ondo State High Court (Civil Procedure) Rules (earlier edition)

THE ONDO STATE HIGH COURT (CIVIL PROCEDURE) RULES

A Law to provide for the civil procedure rules to be used in the High Court of Ondo State of Nigeria and for all other matters connected therewith.

1. The provisions contained in the rules set out in the Schedule to this law (hereinafter called "the Rules") shall be the rules of civil procedure to be followed in the High Court of the State.

2. Where a matter arises in respect of which no provision 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.

3. (1) Any reference in this Law to anything done under this Law includes a reference to the thing done before the commencement of the Law under any corresponding Law or rule of court ceasing to have effect on the commencement of this Law.

(2) Except where the context otherwise requires, any reference in this Law to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

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

5. The High Court (Civil Procedure) Rules are hereby revoked.

6. In the schedule to this Law, unless the context otherwise requires:-

"the court" means the High Court of Ondo State of Nigeria;

"registrar" includes the Chief Registrar and all other registrars of the court;

7. This Law may be cited as the High Court (Civil Procedure) Rules.

SCHEDULE:

CIVIL PROCEDURE RULES Section 1(1)

ARRANGEMENT OF RULES

ORDER 1

FORM AND COMMENCEMENT OF ACTION

1. Mode of beginning civil proceedings.

2. Proceedings which must be begun by writ.

3. Proceedings which may be begun by originating summons.

4. Proceedings which may be begun by motion or petition.

ORDER 2

EFFECT OF NON-COMPLIANCE

1. Effect of non-compliance.

2. Application to set aside for irregularity.

ORDER 3

PARTICULARS OF CLAIM

1. Further particulars.

2. Effect of particulars.

3. (1) Papers annexed: in what cases.

(2) Inspection of papers annexed.

4. Amendment of particulars

5. Amendment at trial.

ORDER 4