Taraba State High Court (Civil Procedure) Rules 2011

Mode of beginning civil proceedings.

1. Subject to the provisions of any enactment, civil proceedings maybe begun by a writ of summons, originating summons, originating motion or petition, as hereinafter provided.

Proceedings must be begun by writ.

2. (1) Subject to the provisions of these Rules or any applicable law which requiring any proceedings to be begun otherwise than by a writ, a writ of summons shall be the form of commencing all proceedings:

(a) Where a plaintiff claims:

(i) any relief or remedy for any civil wrong: or

(ii) damages for breach of duty, whether contractual, statutory or otherwise; or

(iii) damages for personal injuries to or wrongful death of any person or in respect of damage or injury to any person or in respect of damage or injury to any property;

(b) Where the claim is based on or includes an allegation of fraud;

(c) Where an interested person claims a declaration.

(2) Every writ of summons shall be accompanied by:

(a) statement of claim;

(b) list of witnesses to be called at the trial;

(c) written statement on oath of the witnesses; and

(d) copies of every document to be relied on at the trial.

(3) Where a plaintiff fails to comply with rule 2 (2) his originating process shall not be accepted for filing by the Registry.

Form of Writ. Form 1.

3. Except in cases in which any different forms are provided in these Rules, the writ of summons shall be in Form I with such modifications or variations as circumstances may require.

Form of Writ for service out of Nigeria. Form 2

4. A writ of summons to be served out of Nigeria shall be in Form 2 with such modifications or variations as circumstances may require.