Order 3 — FORM AND COMMENCEMENT OF ACTION

Subject to the provisions of these rules or any applicable law requiring any proceedings to be begun otherwise than by writ, a writ of summons shall be the form of commencing all proceedings:

(a) where a claimant 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; or

(c) where an interested person claims a declaration.

(1) All civil proceedings commenced by writ of summons shall be accompanied by:

(a) statement of claim;
(b) list of witnesses to be called at the trial;
(c) written statements on oath of the witnesses; and
(d) copies of every document to be relied on at the trial.

(2) Where a claimant fails to comply with Rule 2(1) above, his originating process shall not be accepted for filing by the registry.

Except in the cases in which any different forms are provided in these Rules, the writ of summons shall be in Form 1 with such modifications or variations as circumstances may require and shall:

(a) be prepared by legal practitioner where the applicant is represented; or

(b) be prepared by the applicant with the assistance of Registrar where the applicant is not represented by a legal practitioner; and

(c) the originating summons be sealed and filed in the registry and when so sealed and filed shall be deemed to be issued.

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

Any person claiming to be interested under a Deed, Will, enactment or other written instrument may apply by originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the persons interested.

Any person claiming any legal or equitable right in a case where the determination of the question whether he is entitled to the right depends upon a question of construction of an enactment, may apply by originating summons for the determination of such question and for a declaration as to the right claimed.

A judge shall not be bound to determine any such question of construction if in his opinion it ought not to be determined on originating summons but may make any such orders as he deems fit.

(1) An originating summons shall be in the Forms 3, 4 or 5 of these rules with such variation as circumstances may require and shall:

(a) be prepared by legal practitioner where the applicant is represented; or

(b) be prepared by the applicant with the assistance of Registrar where the applicant is not represented by a legal practitioner; and

(c) the originating summons be sealed and filed in the registry and when so sealed and filed shall be deemed to be issued.

(2) An originating summons shall be accompanied by:
(a) an affidavit setting out the facts relied upon;
(b) all available exhibits to be relied upon;
(c) a written address in support of the application.

(3) The person filing the originating summons shall leave at the Registry sufficient number of copies thereof together with the documents in sub-rule 2 above for service on the respondent or respondents however the originating summons shall not be accepted by the registry unless it complies with the provisions of sub-rule 2 above.

Subject to the provisions of the Sheriffs and Civil Process Act, a writ of summons or other originating process issued by the Court for service in Nigeria outside Jigawa State shall be endorsed by the Registrar of the Court with the following notice — “This summons (or as the case may be) is to be served out of Jigawa State of Nigeria and in the ………State”.

(1) The Registrar shall indicate the date and time of presentation for filing on every originating process presented to him and shall arrange for service thereof to be effected.

(2) An originating process shall not be altered after it is sealed except upon application to a Judge.